As used in this subchapter:   (1) Commission means the Arkansas Minority Health Commission; and  (2) Minority means black Americans, Hispanic Americans, Asian Americans, and American Indians.  
 (a) There is established the Arkansas Minority Health Commission to consist of twelve (12) members to be appointed as follows:  (1) Six (6) members of the general public to be appointed by the Governor, with each of the four (4) congressional districts represented;  (2) Three (3) members to be appointed by the President Pro Tempore of the Senate; and  (3) Three (3) members to be appointed by the Speaker of the House of Representatives.    (b) All persons appointed to the commission shall be persons who have actively participated in health issues for minorities or have special knowledge or experience with minority health issues.  (c) The members shall serve staggered two-year terms.  (d)  (1) The commission shall meet at least quarterly and at such other times as necessary to carry out its duties under this chapter.  (2) The commission shall elect one (1) of its members as chair and may provide by appropriate adoption of bylaws and rules for the time, place, and manner of calling its meetings.    (e) Any state agency, state-supported hospital, or state medical school shall submit to the commission any information the commission requests that relates to health issues for minorities except for names, addresses, telephone numbers, or any other identifying information.  
 (a) The Arkansas Minority Health Commission shall:  (1) Establish the commission as the comprehensive commission in this state for:  (A) Gathering and analyzing information regarding disparities in health and health care and access to health and healthcare services in this state;  (B) Statewide educational programming regarding disparities in health and health care and equal access to health and healthcare services; and  (C) Coordinating events regarding disparities in health and health care and access to health and healthcare services;    (2)  (A) Actively seek out and develop partnerships and collaboration with other appropriate organizations to advance the understanding of and access to programs to remediate disparities in health and health care and access to health and healthcare services in this state.  (B) The following health and healthcare-related state entities and divisions of state entities shall collaborate with the commission to achieve healthcare equity in the State of Arkansas:  (i) The Department of Health;  (ii) The Department of Human Services;  (iii) The Division of Environmental Quality;  (iv) The Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and  (v) The Arkansas Center for Health Improvement.    (C) Partnerships developed by the commission shall connect all experts, agencies, and organizations concerned with minority health issues and minority health events;    (3) Address and make specific recommendations relating to public policy issues involving disparities in health and health care and equity to health and healthcare services for minorities to appropriate agencies, the General Assembly, and the Governor;  (4) Promote public awareness and public education encouraging Arkansans to live healthy lifestyles through awareness of various health and healthcare issues with an emphasis on factors that disproportionately affect the minority population in this state;  (5) Make recommendations to the relevant agencies, to the Secretary of the Department of Health, and to the General Assembly for improving the delivery of and access to health services for minorities;  (6) Gather and analyze information and make recommendations as to whether adequate services are available to ensure that future minority health needs will be met;  (7)  (A) Develop, implement, maintain, and disseminate a comprehensive survey of racial and ethnic minority disparities in health and health care.  (B) The commission shall repeat the study every five (5) years to include without limitation disparities arising from geographic location and economic conditions; and    (8) Publish evidence-based data, define state goals and objectives, and develop pilot projects for decreasing disparities under subdivision (a)(7)(A) of this section.    (b) The commission shall report two (2) times each year to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.  
 (a) Members of the Arkansas Minority Health Commission shall serve without pay, but those members not employed by the State of Arkansas may receive expense reimbursement in accordance with  25-16-901 et seq.  (b) The commission may authorize expense reimbursement for its members performing official duties of the commission by a majority vote of its total membership cast at its first regularly scheduled meeting of each calendar year.  (c) Any expense reimbursement shall not exceed the rate established for state employees in the state travel rules.  
 (a) There is created a cash fund entitled Minority Health Commission Cash Fund to be used for expenses of the Arkansas Minority Health Commission as appropriated by the General Assembly.  (b) The commission may receive grants and donations made to the commission or amounts received as reimbursement for producing or reproducing literature or reports, which shall be deposited into the State Treasury as cash funds and may be used for reimbursements for expenses of providing seminars or educational activities.  
 On or before October 1 each year, the Arkansas Minority Health Commission shall report to the Secretary of the Department of Health, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Committee on Public Health, Welfare, and Labor, and the Chair of the Senate Committee on Public Health, Welfare, and Labor without limitation:   (1) Summarizing the previous year's work under  20-2-103(a)(5) and (6);  (2) Describing reductions in disparities in health and health care in this state; and  (3) Outlining plans for continuing and expanding in the coming year the program to reduce disparities in health and health care in this state.  
 This chapter shall be known and may be cited as the Achieving a Better Life Experience Program Act. 
 It is the intent and purpose of this chapter to create and establish the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295. 
 As used in this chapter:   (1) ABLE account means an account:  (A) Established by an eligible individual;  (B) Owned by the eligible individual; and  (C) Maintained under this subchapter;    (2) Contracting state means a state without a qualified ABLE program that has entered into a contract with Arkansas to provide residents of the contracting state access to a qualified ABLE program;  (3) Designated beneficiary means the eligible individual who established an ABLE account and is the owner of the ABLE account;  (4) Disability certification means, with respect to an individual, a certification to the satisfaction of the United States Secretary of the Treasury by the individual or the parent or guardian of the individual that:  (A) Certifies that:  (i)  (a)  (1) The individual has a medically determinable physical or mental impairment that:  (A) Results in marked and severe functional limitations; and  (B) Can be expected to result in death; or    (2) Has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or    (b) The individual is blind within the meaning of  1614(a)(2) of the Social Security Act; and    (ii) The blindness or disability occurred before the individual attained twenty-six (26) years of age; and    (B) Includes a copy of the individual's diagnosis relating to the individual's relevant impairment or impairments, signed by a physician meeting the criteria of  1861(r)(1) of the Social Security Act;    (5) Eligible individual means an individual who for a taxable year:  (A) Is entitled to benefits based on blindness or disability under Title II or Title XVI of the Social Security Act, 42 U.S.C.  301 et seq., and the blindness or disability is a preexisting condition that occurred before the date on which the individual attained twenty-six (26) years of age; or  (B) Has a disability certification filed with the United States Secretary of the Treasury for the taxable year;    (6) Member of the family means a brother, sister, stepbrother, or stepsister;  (7) Nonqualified distribution means a distribution from an ABLE account that is not used to pay a qualified disability expense; and  (8) Qualified disability expense means an expense related to an eligible individual's blindness or disability that is made for the benefit of the eligible individual who is the designated beneficiary, including without limitation the following expenses:  (A) Assistive technology and personal support services;  (B) Education;  (C) Employment training and support;  (D) Expenses for oversight and monitoring;  (E) Financial management and administrative services;  (F) Funeral and burial expenses;  (G) Health, prevention, and wellness expenses;  (H) Housing;  (I) Legal fees;  (J) Transportation; and  (K) Other expenses that are adopted by rule and consistent with the purposes of this chapter.    
 (a) The Achieving a Better Life Experience Program Trust is created.  (b) The cotrustees of the trust shall be the Secretary of the Department of Human Services, the Director of Arkansas Rehabilitation Services, and the Treasurer of State.  
 (a) This chapter shall be administered by the Achieving a Better Life Experience Program Committee, which shall be composed of:  (1) The Secretary of the Department of Human Services, or his or her designee;  (2) The Director of Arkansas Rehabilitation Services, or his or her designee; and  (3) The Treasurer of State, or his or her designee.    (b) The Treasurer of State shall:  (1) Manage the Achieving a Better Life Experience Program Trust under  20-3-104 for the committee;  (2) Provide office space, staff, and materials for the committee;  (3) Perform other services necessary to implement this chapter; and  (4) Conduct outreach and engage in financial educational activities with individuals with disabilities, stakeholders within the community of individuals with disabilities, and their support system.    (c) The committee shall adopt rules necessary to administer this chapter and to ensure compliance with the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295 and federal regulations under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.  (d) The committee shall:  (1) Establish, develop, implement, and maintain the Achieving a Better Life Experience Program in a manner consistent with this chapter and an Achieving a Better Life Experience program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, and obtain the benefits provided by an Achieving a Better Life Experience program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, for the Achieving a Better Life Experience Program, account owners, and designated beneficiaries;  (2) Adopt rules for the general administration of the Achieving a Better Life Experience Program;  (3) Maintain, invest, and reinvest the funds contributed into the Achieving a Better Life Experience Program consistent with the investment restrictions established by the committee and the standard of care described in the prudent investor rule under  24-2-611; and  (4)  (A) Make and enter into contracts, agreements, or arrangements and retain, employ, and contract for the services of financial institutions, depositories, consultants, broker-dealers, investment advisors or managers, third-party plan administrators, and research, technical, and other services necessary or desirable for carrying out the purposes of this chapter.  (B) Contracts entered into by the committee may be for a term of one to ten (1-10) years.      
 Rules adopted under this chapter shall ensure that:   (1)  (A) A rollover from an ABLE account does not apply to an amount paid or distributed from the ABLE account to the extent that, not later than the sixtieth day after the date of the payment or distribution, the amount received is paid into another ABLE account for the benefit of the same designated beneficiary or an eligible individual who is a member of the family of the designated beneficiary; and  (B) The limitation under subdivision (1)(A) of this section does not apply to a transfer if the transfer occurs within twelve (12) months after the date of a previous transfer under this chapter for the benefit of the designated beneficiary;    (2) A person may make contributions for a taxable year for the benefit of an individual who is an eligible individual for the taxable year to an ABLE account that is established to meet the qualified disability expenses of the designated beneficiary of the ABLE account;  (3) A designated beneficiary is limited to one (1) ABLE account;  (4) An ABLE account may be established only for a designated beneficiary who is a resident of Arkansas or a resident of a contracting state; and  (5) Other requirements of this chapter shall be met.  
 Except as permitted under the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, a person shall not direct the investment of any contributions to or earnings from the program more than two (2) times each year. 
 (a)  (1) An account owner or contributor may establish an ABLE account by making an initial contribution to the Achieving a Better Life Experience Program, signing an application form approved by the Achieving a Better Life Experience Program Committee, and naming the ABLE account owner and the designated beneficiary.  (2) If the contributor is not the ABLE account owner, the ABLE account owner shall also sign the application form.  (3) Any person may make contributions to an ABLE account after the ABLE account is opened.    (b) Contributions to an ABLE account shall be made only in cash.  (c)  (1) Total contributions to all ABLE accounts shall not exceed those reasonably necessary to provide for the qualified disability expenses of the beneficiary.  (2) The committee shall establish maximum contribution limits applicable to program ABLE accounts in accordance with the program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.    (d)  (1) Separate records and accounting shall be required by the program for each ABLE account.  (2) Reports shall be made no less frequently than annually to the ABLE account owner.    (e)  (1) The program may collect application, ABLE account, or administrative fees to defray the costs of the program.  (2) The application, ABLE account, or administrative fees shall be approved by the committee.    
 (a) An ABLE account owner shall have the right to name the designated beneficiary of an ABLE account and at any time to change the designated beneficiary of an ABLE account to an eligible individual who is a member of the family of the former designated beneficiary.  (b) At the direction of an ABLE account owner, all or a portion of an ABLE account may be transferred to another ABLE account whose designated beneficiary is a member of the family of the designated beneficiary of the transferee ABLE account if the transferee ABLE account was created by this chapter or in accordance with an Achieving a Better Life Experience program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.  (c)  (1) Unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an account may be transferred to:  (A) The estate of a designated beneficiary; or  (B) An account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary.    (2) An agency or instrumentality of the state shall not seek payment under 26 U.S.C.  529A(f), as in effect on January 1, 2019, from the account or its proceeds for benefits provided to a designated beneficiary.    
 (a) Total contributions to the ABLE account established on behalf of a particular designated beneficiary in excess of those reasonably necessary to meet the designated beneficiary's qualified disability expenses are prohibited.  (b)  (1) An ABLE account or a legal or beneficial interest in an ABLE account shall not be assignable, pledged, or otherwise used to secure or obtain a loan or other advancement.  (2) An ABLE account or a legal or beneficial interest in an ABLE account is not subject to attachment, levy, or execution by a creditor of an ABLE account owner or designated beneficiary.    
 (a) Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Achieving a Better Life Experience Program are exempt from Arkansas income taxes.  (b)  (1) A qualified distribution from a disability savings account established under the Achieving a Better Life Experience Program is exempt from Arkansas income tax with respect to the designated beneficiary's income.  (2)  (A) Nonqualified distributions from a disability savings account established under the Achieving a Better Life Experience Program are subject to Arkansas income tax.  (B) The nonqualified distribution is taxable to the party, account owner, or designated beneficiary who actually makes the withdrawal.      (c) Earnings on a contribution that are included in a refund are subject to Arkansas income tax if an account owner receives a refund of contributions to a disability savings account established under the Achieving a Better Life Experience Program because of either:  (1) The death or disability of the designated beneficiary; or  (2) A scholarship, allowance, or payment described in 26 U.S.C.  135(d)(1)(B) or (d)(1)(C), as in effect on January 1, 2014, received by the designated beneficiary.    (d)  (1) Contributions to a disability savings account established under this chapter may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under  26-51-403(b).  (2) Deductible contributions under this subsection shall not exceed five thousand dollars ($5,000) per taxpayer in a tax year.  (3) A contribution that has been deducted from a taxpayer's income for a prior tax year under this subsection is subject to recapture if the taxpayer:  (A) Takes a subsequent nonqualified distribution from the account; or  (B) Rolls the account over to a tax-deferred savings program established by another state or institution under 26 U.S.C.  529A.    (4) A contribution that is subject to recapture under this subsection shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified distribution, to the taxpayer's adjusted gross income for the tax year in which the nonqualified distribution occurred.    
 Neither the Achieving a Better Life Experience Program, the Achieving a Better Life Experience Program Committee and each of its members, nor the state shall:   (1) Insure any ABLE account or guarantee any rate of return or any interest rate on any contribution;  (2) Be liable for any loss incurred by any person as a result of participating in the program under this chapter; or  (3) Be deemed to be a guarantor of a positive return on a contribution under this chapter.  
 This chapter shall be liberally construed to comply with the requirements of the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295. 
 As used in this chapter:   (1) Administrative remedy means temporary management, denial of payment for all new admissions, transfer of residents, termination or suspension of license, termination of provider agreement, directed plan of correction, directed in-service training, and remedies established by Arkansas law, including remedies provided in  20-10-1408;  (2) Administrator-in-training program means a program for gaining supervised practical experience in long-term care administration;  (3) Assisted living facility means the same as in  20-10-1703;  (4) Clock hour means a period of contact experience comprising the full sixty (60) minutes;  (5) Department means the Department of Human Services;  (6) [Repealed.]  (7) Division means the appropriate division as determined by the Secretary of the Department of Human Services;  (8) Head injury means a noncongenital injury to the brain or a neurological impairment caused by illness, accident, or nondegenerative etiology;  (9) Head injury retraining and rehabilitation means an individualized program of instruction designed to assist an individual suffering disability as a result of head injury to reduce the adverse effects of the disability and improve functioning in activities of daily living and work-related activities, but which does not include inpatient diagnostic care, and which may be offered in a residential or day program;  (10)  (A) Long-term care facility means a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care.  (B) Long-term care facility does not include an adult day care program that:  (i) Provides care and supervision to meet the needs of twelve (12) or fewer functionally impaired adults at any time in a place other than the adult's home;  (ii) Provides services to clients for periods of four (4) hours or less per day for only one (1) day per week;  (iii) Designates an individual to act as the program director to have responsibility for the operation of the program;  (iv) Posts a notice in eighteen-point type that:  (a) Is located at or near the main entrance to the structure in which the program operates;  (b) Lists the name and contact information of the program director;  (c) Lists the name and the contact telephone number for the Adult Protective Services Unit of the Department of Human Services; and  (d) Lists the name and the contact telephone number for the Office of Long-Term Care;    (v) Operates in a building or structure that is at all times in compliance with safety code requirements as determined by the local fire authority; and  (vi) Operates in accordance with the Alzheimer's Association Dementia Care Practice Recommendations or similarly nationally recognized standards for the treatment and care of individuals with Alzheimer's disease or related dementia, as in existence on January 1, 2009;      (11) Long-term care facility administrator means a person who administers, manages, supervises, or is in general administrative charge of a long-term care facility whether or not the individual has an ownership interest in the long-term care facility and whether or not his or her functions and duties are shared with one (1) or more individuals;  (12) Post-acute head injury residential care means a residential program offering assistance in activities of daily living for individuals who are disabled because of head injury and are therefore unable to live independently;  (13) Post-acute head injury residential care facility means a residential care facility which is not a nursing home and which provides head injury retraining and rehabilitation for individuals who are disabled because of head injury and are not in present need of inpatient diagnostic care in a hospital or related institution;  (14) Reciprocity licensing means a method by which an individual licensed in good standing in one (1) state may apply for licensure status in another state, provided that the state from which the individual wishes to transfer has standards comparable to the state to which the individual wishes to transfer;  (15) Residential care facility means a building or structure which is used or maintained to provide for pay on a twenty-four-hour basis a place of residence and board for three (3) or more individuals whose functional capabilities may have been impaired but who do not require hospital or nursing home care on a daily basis but who could require other assistance in activities of daily living; and  (16) Sponsor means legal guardian.  
 (a) No certificate of need or permit shall be required under any law in connection with facilities offering head injury retraining and rehabilitation.  (b) Post-acute head injury residential facilities shall not be eligible to receive any state Medicare or Medicaid moneys.  
 (a) Except as provided in subsection (d) or subsection (e) of this section, a resident of a long-term care facility in this state shall not be photographed without obtaining prior written consent from the resident or, in cases of incapacity, from the guardian or legal representative of the resident.  (b)  (1) When an employee or agent of a long-term care facility photographs a resident under conditions in which consent is required, the evidence of the consent shall be maintained in the file of the resident at the long-term care facility.  (2) The consent described in subdivision (b)(1) of this section shall be continuously effective unless the consent is rescinded in writing by the resident or the guardian or legal representative of the resident.    (c) Failure to obtain consent before photographing a resident in a long-term care facility shall be a Class B misdemeanor.  (d) This section does not prevent:  (1) A person licensed under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq., from photographing a patient for purposes of medical treatment;  (2) A person licensed by the Arkansas State Board of Nursing from photographing a patient for purposes of medical treatment;  (3) Facility staff or agents from photographing a resident of a long-term care facility on social occasions; or  (4) The taking of a photograph by security cameras or other devices for the safety or security of residents.    (e)  (1) The photographing of residents is permitted without written consent from the resident or the guardian or legal representative of the resident when the photographing is in connection with a survey or investigation made by the Department of Human Services, the Office of the Attorney General, or the United States Department of Health and Human Services, or any agent of the listed entities while in the course of:  (A) Licensure inspections;  (B) Medicaid certification;  (C) A complaint investigation; or  (D) An investigation of allegations of abuse or neglect of residents or misappropriation of residents' property.    (2) Under the circumstances listed in subdivision (e)(1) of this section, the photographs shall be used only for evidentiary purposes concerning the alleged violations and shall not be released to the media or to the public but shall be made available to the facility if utilized to impose a remedy or to set forth a statement of deficiency.    
 (a) Any facility that meets the definition of a residential care facility as defined by the Office of Long-Term Care that has not been licensed or certified by the appropriate state agency or has not received a permit of approval from the Health Services Permit Agency shall not be eligible for any reimbursement from state revenues for any services that it offers.  (b) This section does not apply to residential care facilities that have been exempted by law from the permit-of-approval process.  
 (a) The maximum income eligibility for participation in state funding for nursing home alternatives shall be established at two hundred percent (200%) of the Supplemental Security Income level as provided by law.  (b) This section shall in no way affect the Medicaid program or the Medicaid eligibility or benefits of any person.  
 (a) As used in this section, long-term care facility means long-term care facility as defined by  20-10-213.  (b)  (1) Within twenty-four (24) hours after the incident requiring notification occurs, a long-term care facility shall notify, if known, the resident's guardian or other responsible party when:  (A) The resident suffers an injury;  (B) The resident is taken outside the facility for medical care;  (C) The resident is moved to a different room; or  (D) There is any significant change in the physical or mental condition of the resident.    (2) A long-term care facility that does not comply with this subsection commits a Class C violation under  20-10-205 and is subject to a civil penalty under  20-10-206.    (c)  (1) It is the responsibility of the long-term care facility to obtain an address and telephone number at which the resident's guardian or other responsible party is available for notification.  (2) It is the responsibility of the resident's guardian or other responsible party to notify the long-term care facility of any change in address or telephone number.    
 (a) Persons responsible for the direction of food services in long-term care facilities having more than fifty (50) beds, at a minimum, shall be:  (1) Certified as a certified dietary manager or food service supervisor; or  (2) Enrolled in a food service supervisor's course approved by the Office of Long-Term Care.    (b)  (1) Certified dietary managers or food service supervisors shall be required to complete fifteen (15) hours of continuing education per year.  (2) The continuing education courses shall be offered by the Association of Nutrition and Foodservice Professionals or a comparable body and shall be approved by the office in order for the courses to be counted toward completion of the fifteen (15) hours.    (c) Long-term care facilities having fifty (50) or fewer beds shall allot adequate hours per week for the certified dietary manager or food service supervisor to perform supervisory duties.  
 (a) The General Assembly finds that:  (1) Residents in Arkansas' long-term care facilities are particularly vulnerable to the theft or illegal diversion of personal funds designated as residents' share of cost under the Arkansas Medicaid program;  (2) The theft or illegal diversion of residents' share of cost under the program has an adverse impact on the resources available to ensure high-quality care for all facility residents; and  (3) This section and  20-10-110 are necessary to:  (A) Protect long-term care residents' rights;  (B) Provide appropriate resources for residents' care; and  (C) Ensure that residents' funds designated to pay for long-term care are used for that purpose.      (b) The General Assembly intends that this section and  20-10-110 affect individuals who intentionally steal or divert residents' share of cost and not change the obligations or responsibilities of residents of long-term care facilities or deter legitimate disputes over the amount of a resident's share of cost.  
 (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.  
 (a) Each residential care and assisted living facility shall provide each prospective resident or prospective resident's representative with a comprehensive consumer disclosure statement before the prospective resident signs an admission agreement.  (b) The disclosure statement shall include, but not be limited to:  (1) Proof of current licensure through the Office of Long-Term Care;  (2) A list of services provided by the facility, including, but not limited to:  (A) Any medication administration, assistance taking medication, or reminders to take medication that the facility may by law, rule, or regulation provide;  (B) Any assistance the facility provides with activities of daily living, such as grooming, toileting, ambulation, and bathing;  (C) The availability of transportation; and  (D) Social activities inside and outside the facility;    (3) Staffing levels or ratios required by law, including, but not limited to, those concerning:  (A) Registered nurses;  (B) Licensed nurses;  (C) Certified nurse's aides or assistants; and  (D) Other staff;    (4) Whether staff members are required to be awake while on duty and, if not, the times when they may be asleep; and  (5) Information regarding the physical plant of the facility, including, but not limited to:  (A) Whether the facility has an emergency generator and, if so, the areas of the facility powered by a generator and the length of time the generator will provide power;  (B) Whether the facility has sprinklers and, if so, the areas of the facility that have sprinklers;  (C) Whether the facility has smoke detectors and, if so, the areas in which smoke detectors are located; and  (D)  (i) Whether the facility has an emergency evacuation plan.  (ii) If the facility has an emergency evacuation plan, a copy of the plan shall be provided to each prospective resident or the prospective resident's representative before the signing of an admission agreement.        (c) The facility shall update its disclosure statement no less than annually.  
 (a) Except as otherwise provided in this section, the results of a survey, inspection, or investigation of a long-term care facility conducted by any state or federal department or agency, including any statement of deficiencies, all findings and deficiencies cited in a statement of deficiencies, all proposed and implemented plans of correction, and all statements of interviews with individuals in connection with any inspection or investigation, shall not be used in an advertisement, unless the advertisement includes all of the following:  (1) The date the survey, inspection, or investigation was conducted;  (2) A statement that a facility is required to submit a plan of correction in response to a statement of deficiencies, if applicable;  (3) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date that the finding or deficiency was corrected; and  (4) A statement that the advertisement is not authorized or endorsed by the Office of Long-Term Care of the Department of Human Services or any other government agency.    (b) This section does not prohibit the results of a survey, inspection, or investigation conducted under this section from being used in an administrative proceeding or a criminal investigation or prosecution.  (c) The information required in subsection (a) of this section shall:  (1) Be in the same font and size as the other language on or in the advertisement; and  (2) Appear as prominently as other language used in the advertisement.    
 This subchapter may be known as the Omnibus Long-Term Care Reform Act of 1988. 
 It is the intent of the General Assembly to provide protection for those citizens residing in long-term care facilities to assure the residents the highest quality of life while protecting their health and welfare. 
 (a) A long-term care facility shall protect and promote the rights, benefits, or privileges guaranteed by law, the United States Constitution, and the Arkansas Constitution for all residents.  (b) The Office of Long-Term Care shall promulgate through rules a residents' bill of rights which shall include provisions addressing each of the following as a minimum statement of residents' rights. The office may place restrictions or limitations on any right listed in this subsection when that is necessary to protect the health, welfare, or safety of the resident or other residents:  (1) The right to exercise all constitutional and legal rights;  (2) The right to a safe and clean environment;  (3) The right to dignity and respect;  (4) The right to nursing and medical care;  (5) The right to personal cleanliness;  (6) The right to choose at their own expense a personal physician and pharmacist;  (7) The right to have knowledge and input into medical treatment, records, and plan of care;  (8) The right to refuse experimental treatment;  (9) The right to confidentiality of medical records;  (10)  (A) The right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident's medical symptoms.  (B) Restraints may be imposed only to ensure the physical safety of the resident or of other residents and only upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used, except for emergency conditions until such an order could reasonably be obtained;    (11) The right to exercise civil liberties, including the right to vote;  (12) The right to the free exercise of religion, including the right to rely on spiritual means for treatment;  (13) The right to privacy, including the right to refuse being photographed by persons other than those licensed under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq.;  (14) The right to personal clothing and belongings;  (15) The right to personal financial information; and  (16) The right to direct whether to receive nutrition or hydration.    (c) The office shall prescribe a procedure to be followed by all long-term care facilities for prompt reporting of violations of residents' rights and resolution of grievances.  (d) The long-term care facility shall furnish a copy of the residents' bill of rights to each resident or resident's representative at the time of admission and to each employee of the facility. A written acknowledgment of receipt shall be included by the facility in the resident's file and personnel file of each employee.  (e)  (1) Failure to comply with the provisions of this section or verified violations of residents' rights shall be considered a Class B violation under  20-10-205 for which civil penalties set forth in  20-10-206 may be imposed.  (2) Any appeal shall be under the procedure set forth in  20-10-208.    (f) A second or subsequent offense, for purposes of determining a penalty amount, means a violation of the same right previously violated although it need not have been committed by the same employee of the facility or against the same resident.  (g) The office shall prescribe through rules a synopsis of the residents' bill of rights which shall be posted at all times in a conspicuous location accessible to residents and the public in the facility.  
 (a) The Director of the Office of Long-Term Care may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the Office of Long-Term Care determines the facility is in substantial compliance.  (b) If the director determines to prohibit admissions to a facility, he or she shall notify the administrator of the facility in writing, by certified mail or other means which gives actual notice, that the facility is prohibited from admitting any new residents due to a Class A violation and that the prohibition shall continue until the office makes a determination that the facility has corrected the deficiency and is in substantial compliance.  (c)  (1) The facility may request an immediate hearing by written request to the Secretary of the Department of Human Services.  (2) The Department of Human Services shall provide a fair and impartial hearing officer within ten (10) days of receipt of the request.  (3) Unless in conflict with this subsection, the procedure for hearings and appeals set forth in  20-10-208 shall be followed.    
 (a) The Office of Long-Term Care shall prescribe through rule the procedure for transfer or discharge of residents to be followed by long-term care facilities. The procedure shall include:  (1) Provisions for a written notice to be furnished to the resident, sponsor, and other appropriate parties thirty (30) days before any involuntary transfer or discharge and for rules setting forth the following circumstances for which the written notice need not be furnished:  (A) The transfer or discharge is necessary to meet the resident's welfare, and the resident's welfare cannot be met in the facility;  (B) The transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility;  (C) The safety of individuals in the facility is endangered;  (D) The health of individuals in the facility would otherwise be endangered;  (E) The resident has failed, after reasonable and appropriate notice, to pay or to have paid under state-administered programs on the resident's behalf an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with federal and state laws, rules, and regulations; or  (F) The facility ceases to operate;    (2)  (A) An appeals process for residents objecting to an involuntary transfer or discharge which places the burden of proof for justification of the transfer or discharge on the facility.  (B) The appeals process for objections to transfer or discharge shall include provisions for the resident or sponsor, within seven (7) days upon receipt of the written notice of transfer or discharge, to file a written objection to the transfer.  (C) Unless otherwise agreed to by the parties:  (i) A hearing shall be scheduled within fourteen (14) days following the filing of the objection; and  (ii) A final determination shall be rendered within seven (7) days following the hearing; and      (3) The contents of the written notice, including a statement in clear and concise language of the appeal process to be followed by the resident and the time periods in which:  (A) The resident must request an appeal;  (B) The appeal must be heard; and  (C) The earliest date a transfer would be allowed if the decision is against the resident.      (b) A request for a hearing shall stay a transfer pending a final determination.  (c) If the facility prevails and the final determination is not rendered within seven (7) days of the conclusion of the hearing, the Department of Human Services shall bear the cost of the resident's continued stay in the long-term care facility until such time as the decision is rendered.  (d) The facility shall provide preparation and orientation to residents to ensure a safe and orderly transfer or discharge.  (e) Failure to comply with the transfer or discharge procedures as prescribed by the office shall be considered a Class B violation under  20-10-205 for which civil penalties set forth in  20-10-206 may be imposed.  
 (a) The Office of Long-Term Care shall prescribe through rule the establishment of a residents' council within each long-term care facility. The residents' council's duties shall include, but need not be limited to:  (1) Review of procedures of the facility for implementation of residents' rights;  (2) Making recommendations for changes or additions in the facility's policies and procedures, including programming;  (3) Representing residents in their complaints to the office or any other person or agency; and  (4) Assisting in early identification of problems and orderly resolution of problems.    (b)  (1) The facility administrator shall designate a staff coordinator and designate space within the facility for the residents' council.  (2) The staff coordinator shall assist the residents council in scheduling regular meetings and preparing written reports of meetings for dissemination to all residents of the facility.  (3) The staff coordinator may be excluded from any meeting of the residents council.    (c) The office shall prescribe rules which encourage the establishment of family councils for residents' families to meet in the facility with the families of other residents. The office shall require each facility to inform residents' families of their right to establish a family council within the facility.  (d)  (1) Failure to comply with the requirement of establishment and operation of a residents' council as prescribed by the office shall be considered a Class C violation under  20-10-205 for which civil penalties set forth in  20-10-206 may be imposed.  (2) Any appeal shall be under the procedure set forth in  20-10-208.    
 (a) No long-term care facility owner, administrator, employee, or other representative shall discriminate, retaliate, or seek reprisal in any manner against a resident or employee of a long-term care facility who has initiated or participated in any proceeding provided in this subchapter.  (b) Any adverse action taken against a resident of a long-term care facility within one hundred twenty (120) days of the filing of a complaint or initiation of any action shall give rise to a rebuttable presumption that the action was taken by the owner, administrator, employee, or other representative in violation of subsection (a) of this section.  (c) Failure to comply with this section by any facility owner, administrator, employee, or other representative shall be considered a Class B violation under  20-10-205 for which civil penalties set forth in  20-10-206 may be imposed.  (d) Any appeal shall be under the procedure set forth in  20-10-208.  
 All moneys received from the imposition of civil penalties levied by the state on long-term care facilities found to be out of compliance with the requirements of this subchapter shall be deposited into the Long-Term Care Trust Fund for uses as prescribed in  20-10-209. 
 For a fourteen-day period beginning on the date of entry into a long-term care facility, the resident shall have the right to rescind any contractual obligation into which he or she has entered and receive a full refund of any moneys transferred to the facility. If the resident entered the facility and received some benefit therefrom, the charges of the services provided shall be prorated and payment made only for the benefits conferred. 
 (a) For residents suffering from a terminal condition as defined in  20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:  (1) The directive or with the consent of the resident;  (2) A validly executed declaration as defined in  20-17-201; or  (3) The instructions of a person authorized to execute a written request for another under  20-17-214 if:  (A) The resident did not execute a declaration; and  (B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or    (4) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in  20-13-104 [repealed].    (b) For residents who are permanently unconscious as defined in  20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:  (1) A validly executed declaration as defined in  20-17-201;  (2) The instructions of a person authorized to execute a written request for another pursuant to  20-17-214 if:  (A) The resident did not execute a declaration; and  (B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or    (3) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in  20-13-104 [repealed].    (c)  (1) Notwithstanding subsections (a) and (b) of this section, the wishes of a resident who requests nutrition or hydration, or both, shall be honored.  (2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.    (d) The attending physician or other healthcare provider may not substitute his or her judgment relating to nutrition or hydration and make a decision that is contrary to the known wishes of the resident.  
 The purpose of this subchapter is to provide for the development, establishment, and enforcement of basic standards for:   (1) The health, care, and treatment of persons in long-term care facilities; and  (2) The construction, maintenance, and operation of these facilities which will ensure safe, adequate, and appropriate care, treatment, and health of persons in the facilities.  
 As used in this subchapter:   (1) Administrator means a person who administers, manages, supervises, or is in general administrative charge of a long-term care facility;  (2) Bed reservation policy means the number of consecutive days and the number of days per year that a resident may leave the long-term care facility for overnight therapeutic visits with family or friends or for hospitalization for an acute condition before the licensee may discharge the resident due to his or her absence from the facility;  (3) [Repealed.]  (4) Custodial service means care for a person which entails observation of diet and sleeping habits and maintenance of a watchfulness over the general health, safety, and well-being of the person;  (5) [Repealed.]  (6) Long-term care facility means a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care but shall not include 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;  (7) [Repealed.]  (8) Ombudsman means a long-term care ombudsman established pursuant to the Long-Term Care Ombudsman Act,  20-10-601 et seq.;  (9) Resident designee means a person other than the owner, administrator, or employee of the facility designated in writing by a resident, or a resident's guardian if the resident is adjudicated incompetent, to be the resident's representative for a specific, limited purpose; and  (10) Residential care plan means a written plan developed, maintained, and reviewed not less than quarterly by a registered nurse, with participation from other facility staff and the resident or his or her designee or legal representative, which includes a comprehensive assessment of the needs of an individual resident, a listing of services provided within or outside the facility to meet those needs, and an explanation of service goals.  
 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.    
 (a) All long-term care facilities shall adopt and make public a statement of the rights and responsibilities of the residents of the facilities and shall treat the residents in accordance with the provisions of that statement. The statement shall assure each resident of the following:  (1) The right to be fully informed in writing and orally, before or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services, including any charges for services not covered under Title XVIII or Title XIX of the Social Security Act or not covered by the basic per diem rates and of bed reservation and refund policies of the facility;  (2) The right to examine at any time the results which the facility shall post of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect with respect to the facility;  (3) The right to have copies of the rules and regulations of the facility and an explanation of the responsibility of the resident to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other residents;  (4)  (A) The right to manage his or her own financial affairs or to delegate that responsibility to the licensee but only to the extent of the funds held in trust by the licensee for the resident.  (B) The facility may not require a resident to deposit personal funds with the facility.  (C) However, upon written authorization of a resident, the facility shall hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as follows:  (i) The facility shall establish and maintain a system that ensures a full, complete, and separate accounting, according to generally accepted accounting principles or regulations established by the Office of Long-Term Care, of each resident's personal funds entrusted to the facility on the resident's behalf;  (ii) The accounting system established and maintained by the facility shall preclude any commingling of resident funds with facility funds or with the funds of any person other than a resident;  (iii) An annual accounting of any transaction made on behalf of the resident shall be furnished to the resident or the person responsible for the resident; and  (iv) The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVIII or Title XIX of the Social Security Act.    (D) An annual accounting of any transactions made on behalf of the resident shall be furnished to the resident or to the person responsible for the resident;    (5)  (A) The right to freedom of choice in selecting a personal physician, to obtain pharmaceutical supplies and services from a pharmacy of the resident's choice, at the resident's own expense or through Title XIX of the Social Security Act, and to obtain information about and to participate in community-based activities programs, unless medically contraindicated as documented by a physician in the resident's medical record.  (B)  (i) If a resident chooses to use a community pharmacy and if the facility in which the resident resides uses a unit-dose system, the pharmacy selected by the resident shall be one that provides a compatible unit-dose system, provides service delivery, and stocks the drugs normally used by long-term care residents.  (ii) If a resident chooses to use a community unit-dose system and if the facility in which the resident resides does not use a unit-dose system, the pharmacy selected by the resident shall be one that provides service delivery and stocks the drugs normally used by long-term care residents;      (6) The right to be adequately informed of his or her medical condition and proposed treatment unless the resident is determined to be unable to provide informed consent under Arkansas law, the right to be fully informed in advance of any nonemergency changes in care or treatment that may affect the resident's well-being, and except with respect to a resident adjudged incompetent, the right to participate in the planning of all medical treatment, including the right to refuse medication and treatment unless otherwise indicated by the resident's physician and to know the consequences of such actions;  (7)  (A)  (i) The right to refuse medication or treatment and to be informed of the consequences of such decisions unless determined unable to provide informed consent under state law.  (ii) When the resident refuses medication or treatment, the facility shall notify the resident or the resident's legal representative of the consequences of such a decision and shall document the resident's decision in his or her medical record.    (B) The facility shall continue to provide other services the resident agrees to in accordance with the residential care plan;    (8) The right to receive adequate and appropriate health care and protective and support services, including social services, mental health services if available, planned recreational activities, and therapeutic and rehabilitative services consistent with the residential care plan, with established and recognized practice standards within the community, and with rules as adopted by the office;  (9) The right to have privacy in treatment and in caring for personal needs, to close room doors and to have facility personnel knock before entering the room except in the case of an emergency or unless medically contraindicated, and to security in storing and using personal possessions. Privacy of the resident's body shall be maintained during, but not limited to, toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance;  (10) The right to receive notice before the room of the resident in the facility is changed;  (11)  (A) The right to be informed of the bed reservation policy for a hospitalization.  (B)  (i) The facility shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to thirty (30) days, provided that the facility receives reimbursement.  (ii) Any resident who is a recipient of assistance under Title XIX of the Social Security Act or the resident's designee or legal representative shall be informed by the licensee that his or her bed for which there is Title XIX reimbursement available will be reserved up to five (5) days but that the bed will not be reserved if it is medically determined by a physician that the resident will not need it or will not be able to return to the facility or if the office determines that the facility's occupancy rate ensures the availability of a bed for the resident.    (C) Notice shall be provided within twenty-four (24) hours of hospitalization;    (12)  (A) The right to be transferred or discharged only for medical reasons or for the welfare of other residents and the right to be given reasonable advance notice of no less than thirty (30) days of any involuntary transfer or discharge, except in the case of an emergency as determined by a licensed professional on the staff of the facility or in the case of conflicting rules and regulations which govern Title XVIII or Title XIX of the Social Security Act.  (B) For nonpayment of a bill for care received, the resident shall be given thirty (30) days' advance notice.  (C)  (i) A licensee certified to provide services under Title XIX of the Social Security Act may not transfer or discharge a resident solely because the source of payment for care changes.  (ii) Admission to a facility operated by a licensee may not be conditioned upon a waiver of such a right, and any document or provision in a document which purports to waive or preclude such a right is void and unenforceable.  (iii) Any licensee certified to provide services under Title XIX of the Social Security Act that obtains or attempts to obtain such a waiver of a resident's rights as established herein is subject to disciplinary action as provided in subsection (c) of this section.    (D) The resident and the family or representative of the resident shall be consulted in choosing another facility;    (13) For residents of Medicaid-certified or Medicare-certified facilities, the right to challenge a decision by the facility to discharge or transfer the resident, as required under 42 C.F.R.  483.204;  (14)  (A) The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency.  (B)  (i) In the case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter.  (ii) Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety;      (15)  (A) The right to retain and use personal clothing and possessions as space permits unless to do so would infringe upon the rights of other residents or unless medically contraindicated as documented in the resident's medical record by a physician.  (B) If clothing is provided to the resident by the licensee, it shall be of reasonable fit;    (16)  (A)  (i) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident's choice during visiting hours, provided that such visitors are not disruptive or dangerous, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII and Title XIX of the Social Security Act regulations, without the resident's losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends.  (ii) Unless otherwise indicated in the residential care plan, the licensee, with the consent of the resident and in accordance with policies approved by the office, shall permit access by recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy to the facility during visiting hours for the purpose of visiting with and providing services to any resident. Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident.    (B) The resident has the right to deny or withdraw consent to access at any time by any entity or individual.  (C) Notwithstanding the visiting policy of the facility, the following individuals shall be permitted immediate access to the resident:  (i) Any representative of the federal or state government, including, but not limited to, representatives of the Department of Human Services, any law enforcement officer, any ombudsman, and the resident's individual physician; and  (ii) Subject to the resident's right to deny or withdraw consent, immediate family or other relatives of the resident;      (17)  (A)  (i) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person, to recommend changes in policies and services to facility personnel, and to join with other residents or individuals within or outside the facility to work for improvements in resident care, freedom from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups.  (ii) The facility shall allow any ombudsman to examine a resident's clinical records with the permission of the resident or the resident's legal representative and consistent with state law.    (B) The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents;    (18) The right to organize and participate in resident groups in the facility and the right to have the resident's family meet in the facility with the families of other residents;  (19) The right to participate in social, religious, and community activities that do not interfere with the rights of other residents;  (20) The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decisions which will not be infringed upon and the right to encouragement and assistance from the staff of the facility in the exercise of these rights; and  (21) The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis.    (b)  (1)  (A) The licensee for each long-term care facility shall orally inform the resident of the resident's rights and provide a copy of the statement required by subdivision (a)(21) of this section to each resident or the resident's legal representative at or before the resident's admission to a facility.  (B) The written statement of rights shall include a statement that a resident may file a complaint with the office or the ombudsman.  (C) The statement shall be in boldface type and shall include the name, address, and telephone numbers of the ombudsman and adult abuse registry where complaints may be lodged.    (2)  (A) The licensee shall provide a copy of the residents' rights to each staff member of the facility.  (B) Each such licensee shall prepare a written plan and provide appropriate staff training to implement the provisions of this section.      (c)  (1) Any violation of the residents' rights set forth in this section may constitute grounds for action by the office.  (2) In order to determine whether the licensee is adequately protecting residents' rights, the annual inspection of the facility shall include private, informal conversations with a sample of residents to discuss residents' experiences within the facility with respect to rights specified in this section and general compliance with standards and consultation with the ombudsman in the area in which the long-term care facility is located.    (d) Any person who submits or reports a complaint concerning a suspected violation of the residents' rights or concerning services or conditions in a facility or who testifies in any administrative or judicial proceeding arising from the complaint shall have immunity from civil liability thereof unless that person has acted in bad faith or with malicious purpose or if the court finds that there was a complete absence of a justiciable issue of either law or fact.  
 (a)  (1) The admission of a resident to a long-term care facility and his or her presence in the facility shall not confer on the facility or its owner, administrator, employees, or representatives any authority to manage, use, or dispose of any property of the resident, nor shall the admission or presence confer on any of the aforementioned persons any authority or responsibility for the personal affairs of the resident except that which may be necessary for the safety of the residents and the orderly management of the facility.  (2) No licensee, owner, administrator, employee, or representative thereof shall act as guardian, trustee, or conservator for any resident of the facility or any such resident's property unless the person is the resident's spouse or blood relative within the third degree of consanguinity or if so ordered by a court before July 30, 1999.    (b)  (1) A licensee shall provide for the safekeeping of personal effects, funds, and other property of the resident in the facility.  (2) Whenever necessary for the protection of valuables or in order to avoid unreasonable responsibility therefor, the licensee may require that valuables be excluded or removed from the facility and kept at some place not subject to the control of the licensee.  (3) A licensee shall keep complete and accurate records of all funds and other effects and property of its residents received by the licensee for safekeeping.  (4) Any funds or other property belonging to a resident that are received by a licensee shall be held in trust. Funds held in trust:  (A) Shall be kept separate from the funds and property of the facility;  (B) Shall be deposited into a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located in the same county in which the facility is located;  (C) Shall not be represented as part of the assets of the facility on a financial statement; and  (D) Shall be used or otherwise expended only for the account of the resident.      (c)  (1) The licensee may enter into a self-insurance agreement as specified in rules adopted by the Office of Long-Term Care.  (2) Funds contained in the self-insurance pool shall run to any resident suffering financial loss as a result of the violation by the licensee of the provisions of this section. Such funds shall be awarded to any resident in an amount equal to the amount that the resident can establish by affidavit or other adequate evidence was deposited in trust with the licensee and which could not be paid to the resident within thirty (30) days of the resident's request.  (3)  (A) The office shall promulgate rules with regard to the establishment, organization, and operation of such self-insurance pools.  (B) The rules shall include, but shall not be limited to, requirements for monetary reserves to be maintained by the self-insurers to assure their financial solvency.      (d)  (1)  (A) If at any time during the period for which a license is issued, a licensee that has not entered into a self-insurance agreement, as provided in subsection (c) of this section, is requested to provide safekeeping for the personal funds of a resident, the licensee shall notify the office of the request and make application for a surety bond or for participation in a self-insurance agreement within seven (7) days of the request, exclusive of weekends and holidays.  (B) Copies of the application, along with written documentation of related correspondence with an insurance agency or group, shall be maintained by the licensee for review by the office and the ombudsman.    (2) Moneys or securities received as advance payment for care may not at any time exceed the cost of care for a six-month period.  (3) At least annually, the licensee shall furnish the resident and the guardian, trustee, or conservator, if any, for the resident a complete and verified statement of all funds and other property to which this subsection applies, detailing the amounts and items received, together with their sources and disposition. In any event, the licensee shall furnish such a statement annually and upon the discharge or transfer of a resident.    (e)  (1)  (A)  (i) In the event of the death of a resident, a licensee within thirty (30) days of the resident's death shall provide an accounting and shall return all refunds and funds held in trust to the resident's personal representative, if one has been appointed at the time that the long-term care facility disburses such funds and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the long-term care facility to the resident.  (ii) No licensee, owner, administrator, employee, or representative of a long-term care facility shall be named as a beneficiary to a resident's funds.  (iii) A beneficiary designation form shall be completed only by the resident at the time of admission to a long-term care facility and in the presence of two (2) witnesses who shall affix their signatures to the form as witnesses.    (B) If the resident has no spouse or a named beneficiary or the person cannot be located, funds due to the resident shall be placed in an interest-bearing account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located within the same county in which the facility is located. The funds shall not be represented as part of the assets of the facility on a financial statement, and the licensee shall maintain the account until such time as the trust funds are disbursed pursuant to the provisions of the Probate Code,  28-1-101 et seq.    (2)  (A) All other property of a deceased resident being held in trust by the licensee shall be returned to the resident's personal representative, if one has been appointed at the time that the facility disburses such property and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the facility to the resident.  (B) If the resident has no spouse or a named beneficiary or the person cannot be located, property being held is to be disbursed pursuant to the provisions of the Probate Code,  28-1-101 et seq.      (f)  (1) The trust funds and property of deceased residents shall be kept separately from the funds and the property of the licensee and from the funds and property of the residents of the facility.  (2)  (A) The long-term care facility needs to maintain only one (1) account in which the trust funds amounting to less than one hundred dollars ($100) of deceased residents are placed.  (B) However, it shall be the obligation of the long-term care facility to maintain adequate records to permit compilation of interest due each individual resident's account.    (3) Separate accounts shall be maintained with respect to trust funds of deceased residents equal to or in excess of one hundred dollars ($100).  (4) Any other property of a deceased resident held in trust by a licensee which is not disbursed in accordance with the Probate Code,  28-1-101 et seq., shall escheat to the state as provided by law.    
 (a)  (1) The Department of Human Services and any duly designated officer or employee thereof or an ombudsman shall have the right to enter upon and into the premises of any long-term care facility at any time in order to determine the state of compliance with this subchapter and the rules in force pursuant to this subchapter.  (2) The right of entry and inspection shall also extend to any premise which the department has reason to believe is being operated or maintained as a facility without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless an inspection order is first obtained from a circuit court upon a showing of reasonable cause to inspect that certain premises are being maintained and operated in violation of this subchapter and statutory licensure requirements.    (b) Any records of a long-term care facility determined by the Office of Long-Term Care to be necessary and essential to establish lawful compliance with any rules or standards shall be made available to the office on the premises of the facility, with the exception of quality assurance committee records.  
 (a) Within ten (10) days after the date of an annual inspection visit or within thirty (30) days after the date of any interim visit, the Office of Long-Term Care shall forward the results of all inspections of long-term care facilities to:  (1) The ombudsman in whose county the inspected facility is located; and  (2) At least one (1) public library or in the absence of a public library, the county clerk in the county in which the inspected facility is located.    (b) Every long-term care facility licensee shall:  (1) Post in a sufficient number of prominent positions in the facility so as to be accessible to all residents and to the general public the last inspection report or survey pertaining to the facility and issued by the office, with references to the page numbers of the full reports, noting any deficiencies found by the office and the actions taken by the licensee to rectify such deficiencies; and  (2) Upon request, provide to any person who has completed a written application with an intent to be admitted, to any resident of the long-term care facility, or to any relative, spouse, or guardian of the person a copy of the last inspection report pertaining to the long-term care facility and issued by the office, provided that the person requesting the report agrees to pay a reasonable charge to cover copying costs.    (c)  (1) Each long-term care facility licensee shall maintain as public information, available upon request, records of inspection reports pertaining to that facility that have been filed with or issued by any governmental agency.  (2) Copies of the reports shall be retained in the records for not less than five (5) years after the date the reports are filed or issued.    
 (a) Any person who fraudulently alters, defaces, or falsifies any medical or other long-term care facility record or causes or procures any of these offenses to be committed commits a Class A misdemeanor.  (b) A conviction under this section is also grounds for restriction, suspension, or termination of license privileges for the person.  
 (a)  (1) Any resident who is injured by a deprivation or infringement of his or her rights as specified in this subchapter may bring a cause of action under  16-114-201 et seq., against any licensee responsible for the deprivation or infringement.  (2) The action may be brought by the resident or his or her guardian or by the personal representative of the estate of a deceased resident.  (3) The action may be brought in any court of competent jurisdiction in the county in which the injury occurred or where the licensee is located to enforce such rights and to recover actual and punitive damages.  (4) The resident may seek to recover actual damages when there is a finding that an employee of the long-term care facility failed to do something which a reasonably careful person would do or did something which a reasonable person would not do under circumstances similar to those shown by the evidence in the case, which caused an injury due to an infringement or a deprivation of the resident's rights.  (5) No separate award of attorney's fees may be made by the court.    (b)  (1) A licensee shall not be liable for the medical negligence of any physician rendering care or treatment to the resident, except for the services of a medical director as required in this subchapter.  (2) Nothing in this subsection shall be construed to protect a licensee from liability for failure to provide a resident with appropriate observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care by nursing staff.    (c) For the purpose of this section, punitive damages may be awarded for conduct which is willful, wanton, gross or flagrant, reckless, or consciously indifferent to the rights of the resident.  (d)  (1) A deprivation or infringement of rights under this subchapter does not itself create an additional cause of action.  (2) However, a deprivation or infringement of rights under this subchapter may be used as evidence of negligence.    
 This subchapter shall be known and may be cited as the Nursing Home Resident and Employee Immunization Act of 1999. 
 It is recognized that:   (1) The sixth leading cause of death in Arkansas is the combined diagnostic category of pneumonia and influenza;  (2) Approximately ninety percent (90%) of the pneumonia and influenza deaths are in those over sixty-five (65) years of age;  (3) The Centers for Disease Control and Prevention recommends that individuals over the age of sixty-five (65) years have annual flu shots and a pneumococcal vaccine one (1) time;  (4) The Centers for Disease Control and Prevention further suggests that consent for immunization be acquired at the time of nursing home admission;  (5) Current utilization of the flu shots by nursing home residents is approximately fifty percent (50%);  (6) The elderly living in an institutional setting, where disease may be more readily transmitted, are less protected than those living in the community; and  (7) The pneumococcal vaccine utilization by nursing home residents is approximately thirty percent (30%).  
 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.  
 (a)  (1)  (A) The State Board of Health may promulgate rules to provide for the immunization against the influenza virus and pneumococcal disease as provided for in this subchapter.  (B) The Office of Long-Term Care shall be granted authority to enforce the rules.    (2) The board may also promulgate rules to provide for the immunization of other individuals and require other institutions and facilities to provide the immunizations provided for in this subchapter.    (b) Each nursing home facility in this state shall:  (1) Obtain consent from residents or their legal guardians upon admission to participate in all immunization programs that are conducted within the facility while that person is a resident of that facility, and not in violation of the resident's right to refuse treatment;  (2) As a condition of his or her employment, require each employee to participate in immunization programs conducted while he or she is employed at the facility, unless the employee meets the qualifications for exemptions as listed in  20-10-1305; and  (3) Document and report annually immunizations against:  (A) Influenza virus for residents and full-time and part-time employees; and  (B) Pneumococcal disease for residents.      (c) Any nursing home facility which violates this subchapter shall be subject to suspension and revocation of its license.  (d)  (1) As provided in this subchapter, the Department of Health shall provide vaccines, supplies, and staff necessary for the immunizations of nursing home residents and employees that lack coverage for immunizations through Medicare, Medicaid, or other health insurance.  (2) However, during the outbreak of a pandemic disease, the department may enforce vaccine priorities necessary to limit the loss of life among citizens and to contain the spread of the disease.    
 All residents of nursing home facilities and all full-time and part-time employees of nursing home facilities shall be immunized according to this subchapter with the following exemptions:   (1) No individual shall be required to receive either an influenza virus vaccine or a pneumococcal pneumonia vaccine if the vaccine is medically contraindicated as described in the product labeling approved by the United States Food and Drug Administration; and  (2) The provisions of this subchapter shall not apply if the resident or legal guardian objects on the grounds that the immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which the resident or guardian is an adherent or member.  
 As used in this subchapter:   (1) Day shift means the period of 7:00 a.m. to 3:00 p.m.;  (2)  (A) Direct-care staff means any nurse aide or licensed nurse who provides direct, hands-on care to nursing facility residents.  (B) Direct-care staff shall not include:  (i) Therapy personnel or personnel listed in  20-10-1404; or  (ii) Medication assistive persons as defined in  17-87-701;      (3) Evening shift means the period of 3:00 p.m. to 11:00 p.m.;  (4) Midnight census means the number of patients occupying nursing home beds in a nursing facility at midnight of each day;  (5) Night shift means the period of 11:00 p.m. to 7:00 a.m.;  (6) Nurse aide means any person who meets the requirements according to regulations adopted pursuant to 42 C.F.R.  483.75(e), as it existed on January 1, 2005; and  (7)  (A) Nursing facility means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who, because of physical or mental infirmity, are unable to sufficiently or properly care for themselves, and for which reception, accommodation, board, care, and treatment a charge is made.  (B) However, nursing facility shall not include:  (i) The offices of private physicians and surgeons;  (ii) Residential care facilities;  (iii) Assisted living facilities;  (iv) Intermediate care facilities for individuals with developmental disabilities;  (v) Hospitals;  (vi) Institutions operated by the United States Government or licensed by the Division of Developmental Disabilities Services of the Department of Human Services; or  (vii) Any facility that 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.      
 (a) The Department of Human Services shall not issue or renew a license of a nursing facility unless that facility employs the direct-care staff needed to provide continuous twenty-four-hour nursing care and service to meet the needs of each resident of the nursing facility and the staffing standards required by all state rules and federal regulations.  (b)  (1) Except for nursing facilities that the Office of Long-Term Care designates or certifies as Eden Alternative nursing facilities or Green House Project nursing facilities, the staffing standard required by this subchapter shall be the minimum number of direct-care staff required by nursing facilities and shall be adjusted upward to meet the care needs of residents.  (2)  (A) The office shall promulgate staffing standards for nursing facilities that the office designates or certifies as Eden Alternative nursing facilities or Green House Project nursing facilities.  (B) The department may develop a reimbursement methodology or amend the reimbursement methodology in existence as of July 31, 2007, to provide payment for staff that provides services or care to residents in the designated or certified Eden Alternative nursing facilities or Green House Project nursing facilities.      (c) If a facility varies shift hours from the shift hours listed in  20-10-1401, the facility shall meet the staffing requirements for the shift listed in  20-10-1403.  
 (a) Except for nursing facilities that the Office of Long-Term Care designates as Eden Alternative nursing facilities or Green House Project nursing facilities, all nursing facilities shall maintain the following minimum direct-care staffing-to-resident ratios:  (1) One (1) direct-care staff to every six (6) residents for the day shift. Of this direct-care staff, there shall be at least one (1) licensed nurse to every forty (40) residents;  (2) One (1) direct-care staff to every nine (9) residents for the evening shift. Of this direct-care staff, there shall be at least one (1) licensed nurse to every forty (40) residents; and  (3) One (1) direct-care staff to every fourteen (14) residents for the night shift. Of this direct-care staff, there shall be at least one (1) licensed nurse to every eighty (80) residents.    (b)  (1) Licensed direct-care staff shall not be excluded from the computation of the ratios of direct-care staff to residents while serving in a staffing capacity that requires less education and training than is commensurate with their professional licensure.  (2) Licensed direct-care staff who serve in a staffing capacity that requires less education and training than is commensurate with their professional licensure shall not be restricted from providing direct-care services within the scope of their professional licensure in order to be included in the computation of the ratios of direct-care staff to residents.    (c) Nursing facilities shall provide in-service training to their direct-care staffs pursuant to rules promulgated by the office.  (d) Upon any expansion of resident census by the facility, the facility shall be exempt from any increase in staffing ratios for a period of nine (9) consecutive shifts from the date of the expansion of resident census.  (e)  (1) The computation of the direct-care minimum staffing ratios shall be carried to the hundredth place.  (2) If the application of the ratios listed in subsection (a) of this section results in other than a whole number of direct-care staff for a shift or shifts, the number of required direct-care staff shall be rounded to the next higher whole number when the resulting ratio, carried to the hundredth place, is fifty-one hundredths (.51) or higher.  (3) In no event shall a facility have fewer than one (1) licensed nurse per shift for direct-care staff.  (4) All computations shall be based on the midnight census for the day in which the shift or shifts begin.    (f)  (1) Facilities may vary the starting hour and the ending hour for up to twenty-five percent (25%) of the minimum direct-care staff of the day shift or the evening shift, or both, to meet resident care needs.  (2) Before varying the starting hour and the ending hour of direct-care staff of the day shift or the evening shift, the facility shall inform the office in writing of:  (A) The resident care needs to be met by the change in starting and ending times of the shift;  (B) The number of direct-care staff to whom the changes will apply;  (C) The starting hour and ending hour of the shift for the direct-care staff to whom the change will apply; and  (D) The length of time the variations will be used, if known.    (3)  (A) The facility shall receive written approval from the office before the facility may vary the starting hour and ending hour of a shift for selected direct-care staff.  (B) The office may deny approval upon determination that:  (i) The reason for the request to vary the starting and ending time of a shift for selected direct-care staff does not meet resident care needs;  (ii) The facility was in a pattern of failure for any month in the three (3) months immediately preceding the request; or  (iii) The variation will result in a period of more than two (2) hours in which there is less than the minimum required number of direct-care staff under subsection (a) of this section.    (C) The office may revoke approval to vary the starting and ending time of a shift for selected direct-care staff if the office determines that:  (i) The approval has resulted in resident care needs being unmet; or  (ii) The facility is in a pattern of failure.      (4) If a facility varies the starting and ending times for direct-care staff of the day shift or the evening shift, or both, the facility shall be deemed to have met minimum staffing requirements for that shift if the number of direct-care staff whose starting and ending times are varied and the number of direct-care staff whose starting and ending times are not varied together equal the number of direct-care staff required for the shift.    
 (a) In addition to the minimum direct-care staffing ratios in  20-10-1403, each nursing facility shall employ a registered nurse to serve as director of nurses.  (b)  (1) The director shall be a full-time employee and shall be employed for no less than forty (40) hours per week.  (2) An additional registered nurse shall be employed for a minimum of sixteen (16) hours per week to ensure coverage seven (7) days a week.    
 (a) An employee designated as a member of the direct-care staff shall not be required to provide services such as food preparation, housekeeping, laundry, or maintenance services except as necessary to maintain a safe and sanitary environment.  (b) Persons employed to provide additional services such as food preparation, housekeeping, laundry, or maintenance services shall not be counted in determining the staffing ratios required by this subchapter unless the persons are qualified to serve as and specifically scheduled in a direct-care capacity.  (c) A person employed to provide additional services shall count toward the direct-care staffing ratios only for the time in which the facility can document that the person provides direct-care services.  
 (a)  (1) Each nursing facility shall post daily at the beginning of each shift in a prominent place within twenty feet (20') of the main entrance of the nursing facility and in a location that is readily accessible and visible to residents and visitors the number of direct-care staff on duty at each shift.  (2) The posting shall consist of a sign-in sheet signed by each staff member as the staff member reports to work, and the staff member shall indicate on the sheet the time of arrival and departure, all halls, wings, or corridors on which the staff member worked or was assigned, and the total number of hours worked.  (3) The title of the posting shall be printed in a type no smaller than 18-point type.  (4) Below the posting, the nursing facility shall post a diagram of the facility showing the location of each hall, wing, or corridor.    (b) The current number of residents shall be posted and filed with the staffing report for the same time period.  (c) These records shall be filed and saved by the nursing facility until the next survey or for eighteen (18) months, whichever is greater, and these records shall be available for review by any interested person upon a written request.  
 (a)  (1) By the fifth day of each month, each nursing facility shall submit a written report of all shifts which failed to meet the minimum staffing requirements of this subchapter during the preceding month to the Office of Long-Term Care.  (2) Upon determination by the office that a pattern of failure to comply with the provisions of this subchapter has occurred, the nursing facility shall submit to the office on a monthly basis a report stating the ratios of direct-care staff to residents for each shift, in addition to the requirements set forth in subdivision (a)(1) of this section.  (3) Each nursing facility also shall submit copies of all daily staffing logs for the same months for any reports required under subdivision (a)(1) or subsection (b) of this section.    (b) The failure of a direct-care staff member or members to sign the posted sign-in sheet in accordance with  20-10-1406 shall not be considered a violation of the staff-resident ratios set forth in  20-10-1403 if the facility has other documentation that the staff member or members provided direct-care services for the dates and times stated by the facility.  (c) The failure to meet the requirement regarding the posting of current staff-resident ratios set forth in  20-10-1406 or the failure to provide staffing reports, logs, or other documentation directly related to minimum staffing standards to the office or the Division of Medical Services of the Department of Human Services is a Class C violation in accordance with  20-10-205.  (d) Pattern of failure means that a facility did not meet the minimum staffing requirements of this subchapter for more than twenty percent (20%) of the total number of shifts for any one (1) month.  (e)  (1) The division may perform staffing audits, including random staffing audits, of nursing facilities to determine and ensure compliance with the requirements of this subchapter.  (2) Facilities shall provide staffing reports, logs, or other documentation upon request of the division.    
 (a) Upon a determination of a pattern of failure of a facility by the Office of Long-Term Care, the following penalties shall be applied to the facility:  (1) When the pattern of failure is more than twenty percent (20%) but less than twenty-five percent (25%) of the total number of shifts for any one (1) month, the facility shall be assessed a fine of two thousand five hundred dollars ($2,500);  (2) When the pattern of failure is twenty-five percent (25%) or higher but less than thirty percent (30%) of the total number of shifts for any one (1) month, the facility:  (A) Shall be assessed a fine of five thousand dollars ($5,000); and  (B)  (i) Shall be prohibited from admitting new residents for a period of at least two (2) weeks beginning the next business day after notification by the office to the facility of the pattern of failure and continuing until the next business day after the facility submits a report establishing that the facility was not in a pattern of failure for the time during which the facility was prohibited from admitting new residents.  (ii) If the office subsequently determines that the facility did not meet the minimum staffing standards requirements as alleged in the report from the facility, the office shall prohibit the facility from admitting new residents for a period of at least two (2) weeks, and continuing until the next business day after the facility submits a new report establishing that the facility was not in a pattern of failure for the time in which the facility was prohibited from admitting new residents;      (3) When the pattern of failure is thirty percent (30%) or higher of the total number of shifts for any one (1) month in a three-month reporting period, the facility:  (A) Shall be assessed a fine of seven thousand five hundred dollars ($7,500); and  (B)  (i) Shall be prohibited from admitting new residents for a period of at least two (2) weeks beginning the next business day after notification by the office to the facility of the pattern of failure and continuing until the next business day after the facility submits a report establishing that the facility was not in a pattern of failure for the time during which the facility was prohibited from admitting new residents.  (ii) If the office subsequently determines that the facility did not meet the minimum staffing standards requirements as alleged in the report from the facility, the office shall prohibit the facility from admitting new residents for a period of at least two (2) weeks and continuing until the next business day after the facility submits a new report establishing that the facility was not in a pattern of failure for the time in which the facility was prohibited from admitting new residents; and      (4) If after five (5) days' notice from the office of the imposition of a denial of new admissions, a facility admits new residents during a period in which the facility is prohibited from admitting new residents, the facility shall be assessed a fine of twenty-five thousand dollars ($25,000) per new resident admitted.    (b) The penalties stated in this subchapter are supplemental to any provisions in state or federal laws, rules, or regulations.  (c) Appeals from the imposition of any remedy imposed under this subchapter shall be made pursuant to  20-10-208.  (d)  (1) When residents are relocated from facilities due to natural disaster or as a result of state or federal action, the Department of Human Services may waive some or all of the provisions of  20-10-1403 and 20-10-1404 for facilities to which the residents are relocated.  (2) Any waiver shall be limited to no more than three (3) months from the date of transfer.    
 (a) The staffing standards as set forth in  20-10-1403 are to be construed as nursing facility staffing standards above the 1989 standards established by the Office of Long-Term Care.  (b)  (1) If the Secretary of the Department of Human Services determines that the reimbursement methodology or available funding is insufficient or unable to pay for the minimum staffing standards under  20-10-1403, the office, by rule, may modify the requirements of  20-10-1403 to ensure minimum staffing funds.  (2) If the Director of the Office of Long-Term Care determines that the minimum staffing standards under  20-10-1403 or  20-10-1404 have become insufficient at any time to ensure the health, safety, or welfare of nursing facility residents, by rule, the office may increase minimum staffing standards or otherwise promulgate rules to ensure the health, safety, or welfare of the nursing facility residents.    (c)  (1)  (A) If the Director of the Office of Long-Term Care determines that minimum staffing standards should be increased pursuant to subdivision (b)(2) of this section, the Director of the Office of Long-Term Care shall certify the determination and any proposed regulatory increases to minimum staffing standards to the Director of the Division of Medical Services, who shall notify the Secretary of the Department of Human Services and the Legislative Council of the determination and whether sufficient appropriated funds exist to fund the costs to be incurred by the proposed changes to the minimum staffing standards.  (B) As used in this subsection, costs means direct-care costs as defined in the Centers for Medicare & Medicaid Services Provider Reimbursement Manual as in effect January 12, 2001.    (2) In no event shall minimum staffing standards be increased unless sufficient appropriated funds exist to fund the costs to be incurred by the proposed increases to minimum staffing standards.    
 (a)  (1) Cosmetology and barbering services provided to residents of nursing facilities and for which a fee is charged that is separate from and additional to monthly facility charges shall be provided only by a licensed cosmetologist or registered barber, respectively.  (2)  (A) Routine personal hygiene and related daily care services that are provided to residents of nursing facilities and for which the fee is included in the monthly facility charges may be provided by direct-care staff who are trained, licensed, and certified through various state and federal regulatory agencies.  (B) With the exception of shampoos, conditioners, soaps, antiseptics, or similar items, routine personal hygiene and related daily care services shall not include the use of chemical or cosmetic preparations such as those used in permanent waving, bleaching, tinting, coloring, and dyeing.      (b)  (1) A direct-care staff member shall not be required to hold a license as a cosmetologist or barber in order to provide routine personal hygiene and related daily care services.  (2) Nursing facilities shall be exempt from the licensure requirements for cosmetological establishments under  17-26-401 et seq.  (3) A relative of a resident of a nursing facility providing cosmetological services to a related resident of a nursing facility shall be exempt from the following:  (A) The licensure requirements for cosmetologists under  17-26-303; and  (B) The registration requirements for barbers under  17-20-301 et seq.      
 This subchapter shall be known and may be cited as the Alzheimer's Special Care Standards Act. 
 The General Assembly finds and declares that:   (1) Certain long-term care facilities claim to provide special care units and services for persons who have Alzheimer's disease or related dementia;  (2) It is in the public interest to provide for the protection of consumers regarding the accuracy and authenticity of the claims; and  (3) The provisions of this subchapter are intended to require such facilities to actually provide the care that they claim to offer, to require records of the claims to be kept, and to require the appropriate state licensing agency to examine their performance and provide penalties as the agency deems appropriate.  
 For the purposes of this subchapter, a long-term care facility has an Alzheimer's special care unit if the long-term care facility advertises or otherwise holds itself out as having one (1) or more special units for residents with a diagnosis of probable Alzheimer's disease or related dementia. 
 (a)  (1) Any facility having an Alzheimer's special care unit shall be required to disclose the form of care or treatment provided to or for persons with a diagnosis of probable Alzheimer's disease or related dementia.  (2)  (A) The disclosure shall be made to the Office of Long-Term Care and to any person or the person's guardian or relative seeking placement within an Alzheimer's special care unit.  (B) The office shall examine all such disclosures as part of the facility's license renewal procedure and verify their accuracy.      (b) Each disclosure shall explain the additional care provided in each of the following areas:  (1) Treatment philosophy: The Alzheimer's special care units or program's written statement of its overall treatment philosophy and mission which reflects the needs of residents afflicted with dementia;  (2) Screening, admission, and discharge procedures, assessment, planning and implementation of care, staffing patterns, and training ratios unique to the unit;  (3) Physical environment and design features appropriate to support the functioning of cognitively impaired adult residents;  (4) The frequency and types of resident activities;  (5) The involvement of families and the availability of family support programs; and  (6) The costs of care and any additional fees unique to the Alzheimer's special care unit or program.    (c)  (1) If a facility having an Alzheimer's special care unit does not meet those specific standards established by the office, the office shall instruct the facility to immediately cease advertising or holding itself out as having one (1) or more special programs for residents with a diagnosis of probable Alzheimer's disease or related dementia.  (2) If the facility fails or refuses to comply with instructions from the office, the office may sue in the name of the state the facility and any owner, manager, or director of the facility to enjoin the facility from advertising or holding itself out as having one (1) or more special programs for residents with a diagnosis of probable Alzheimer's disease or related dementia.    
 The Office of Long-Term Care shall establish and promulgate minimum standards for the care and treatment of persons with Alzheimer's disease and other dementia in Alzheimer's special care units. 
 As used in this subchapter:   (1) [Repealed.]  (2) [Repealed.]  (3)  (A) Gross receipts means gross receipts paid as compensation for services provided to residents of nursing facilities, including, but not limited to, client participation.  (B) Gross receipts does not mean charitable contributions;    (4) Medicaid means the medical assistance program established by Title XIX of the Social Security Act, as it existed on January 1, 2001, and administered by the Division of Medical Services;  (5) Midnight census means the count of:  (A) Each patient occupying a nursing facility bed at midnight of each day;  (B) Those beds placed on hold during a period of time not to exceed five (5) consecutive calendar days during which a patient is in a hospital bed; and  (C) Those beds placed on hold during a period of time not to exceed fourteen (14) consecutive calendar days during which a patient is on therapeutic home leave;    (6) Multiplier means the fixed dollar amount used to calculate the quality assurance fee;  (7)  (A) Nursing facilities means any buildings, structures, agencies, institutions, or other places which require payment for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who due to a physical or mental infirmity are unable to care for themselves.  (B) Nursing facilities does not mean offices of private physicians and surgeons, residential care facilities, assisted living facilities, intermediate care facilities for individuals with intellectual disabilities, hospitals, institutions operated by the United States Government or licensed by the Division of Developmental Disabilities Services, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of any recognized religious denomination; and    (8) Patient days means the number of patients in a nursing facility as determined by the midnight census.  
 (a) There is levied a quality assurance fee on nursing facilities to be calculated in accordance with subsection (b) of this section.  (b)  (1) The quality assurance fee shall be an amount determined each month by multiplying the patient days, as reported by each nursing facility for each day of the month, by the multiplier.  (2) Each multiplier shall be:  (A) Calculated by the Division of Medical Services within the Department of Human Services to produce an aggregate annual quality assurance fee payment equal to six percent (6%) of the aggregate annual gross receipts; and  (B) Subject to prospective adjustment as necessary for annual aggregate quality assurance payments to equal six percent (6%) of the aggregate annual gross receipts.      (c)  (1) Between March 9, 2001, and June 30, 2001, the multiplier shall be five dollars and twenty-five cents ($5.25).  (2)  (A) On and after July 1, 2001, and annually thereafter, the multiplier shall be determined using the patient days and gross receipts reported to the division for a period of at least six (6) months and shall be annualized.  (B) The division shall determine the six-month period to be used in order to calculate the multiplier.      
 (a) On the tenth day of the first full month following March 9, 2001, and on the tenth day of each month thereafter, each nursing facility shall file a report with the Division of Medical Services within the Department of Human Services listing the patient days for the preceding month.  (b) The quality assurance fee shall be due and payable for the previous month by the thirtieth of each month.  (c) The payment of the quality assurance fee by the nursing facilities shall be reported as an allowable cost for Medicaid reimbursement purposes.  
 (a) The administration of this subchapter shall be exercised by the Director of the Division of Medical Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (b)  (1) In accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., the Division of Medical Services shall promulgate rules and prescribe forms for:  (A) The proper imposition and collection of the quality assurance fee;  (B)  (i) The enforcement of this subchapter, including, but not limited to, license nonrenewal, letters of caution, sanctions, or fines.  (ii) The fine shall be at least ten thousand dollars ($10,000) but no more than twenty thousand dollars ($20,000). The fine and outstanding quality assurance fee shall accrue interest at the maximum rate permitted by law from the date the quality assurance fee is due until payment of the quality assurance fee and the fine;    (C) The format for reporting by all nursing homes the total patient days and gross receipts; and  (D) The administration of the provisions of this subchapter.    (2) The rules shall not grant any exceptions to, or exceptions from, the quality assurance fee.    (c)  (1) The quality assurance fee assessed and collected pursuant to this subchapter shall be assessed and deposited as a designated account within the Arkansas Medicaid Program Trust Fund.  (2) The designated account shall be separate and distinct from the general fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.  (3) Funds in the account derived from nursing facilities that are not operated by a governmental entity shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid.  (4) This designated account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.  (5) Earnings on investments from this designated account shall remain a part of the designated account and shall not be deposited into the general fund.    (d)  (1) Except as necessary to reimburse any funds borrowed to supplement funds in the designated account, the designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act for expenditures from the Arkansas Medicaid Program Trust Fund shall be used only to reimburse additional costs paid to Medicaid-certified nursing facilities under the long-term care cost reimbursement methodologies of the Arkansas Medicaid Program.  (2) No nursing facility shall be guaranteed, expressly or otherwise, that any additional moneys paid to the nursing facility will equal or exceed the amount of its quality assurance fee.    
 (a) The Department of Human Services shall apply for a waiver of the uniform healthcare-related tax under 42 C.F.R.  433.68, as in effect on January 1, 2007, to exempt each nursing facility that provides nursing care exclusively under contract with life-care facilities licensed under  23-93-201 et seq. from the quality assurance fee and to allow adjustment of the quality assurance fee paid by state-operated nursing facilities.  (b) Upon receiving the waiver, the department shall discontinue collecting the quality assurance fee from any nursing facility that provides nursing care exclusively under life-care facility contracts and adjust the quality assurance fee paid by state-operated nursing facilities pursuant to the waiver.  
 This subchapter shall be known as the Arkansas Assisted Living Act. 
 (a) The purpose of this subchapter is to:  (1) Promote the availability of appropriate services for elderly persons and adults with disabilities in the least restrictive and most homelike environment;  (2) Encourage the development of facilities that promote the dignity, individuality, privacy, and decision-making ability of those persons;  (3) Provide for the health, safety, and welfare of residents of facilities offering assisted living services in the state;  (4) Promote continued improvement of those facilities;  (5) Include residential care facilities in the assisted living program; and  (6) Encourage the development of innovative and affordable facilities particularly for persons with low to moderate incomes.    (b) The General Assembly recognizes that:  (1) Facilities offering assisted living services are a necessary part of the continuum of long-term care in the State of Arkansas;  (2) Facilities offering assisted living services should be operated and regulated as residential environments with supportive services and not as medical or nursing facilities;  (3) The services available in these facilities, either directly or through contract or agreement, are intended to help residents remain as independent as possible; and  (4) Residential care facilities have been providing many assisted living services for years and should be allowed to participate in the new assisted living program.    
 As used in this subchapter:   (1)  (A) Assisted living facility means any building or buildings, section or distinct part of a building, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide assisted living services for a period exceeding twenty-four (24) hours to more than three (3) adult residents of the facility who are not relatives of the owner or administrator.  (B) Assisted living facility includes those facilities which provide assisted living services either directly or through contractual arrangements or which facilitate contracting in the name of residents;    (2) Assisted living program means a program of assisted living services;  (3) Assisted living services means housing, meals, laundry, socialization, transportation, one (1) or more personal services, and limited nursing services;  (4) [Repealed.]  (5)  (A) Limited nursing services means acts that may be performed by licensed personnel while carrying out their professional duties, but limited to those acts that the Department of Human Services specifies by rule.  (B) Acts that may be specified by rule as allowable limited nursing services shall be for persons who meet the admission criteria established by the department for assisted living facilities, shall not be complex enough to require twenty-four-hour nursing supervision, and may include such services as the application and care of routine dressings and care of casts, braces, and splints;    (6) Person means an individual, partnership, association, corporation, or other entity;  (7)  (A) Personal services means assistance with or supervision of the activities of daily living and self-administration of medication and other similar services as the department may define by rule.  (B) Personal services shall not be construed to mean the provision of medical, dental, or alcohol and drug abuse treatment or mental health services; and    (8) Twenty-four-hour nursing means services that are ordered by a physician for a resident whose condition requires the supervision of a physician and continued monitoring of vital signs and physical status and whose condition is medically complex enough to require on-site nursing supervision on a twenty-four-hour-per-day basis.  
 (a) The Department of Human Services shall establish an assisted living program for adults, including those who meet the medical necessity determination for nursing facility care. However, such individuals cannot have conditions that require twenty-four-hour nursing.  (b)  (1) The department shall promulgate rules not inconsistent with the provisions of this subchapter as it shall deem necessary or desirable to properly and efficiently carry out the purposes and intent of this subchapter.  (2) The rules, including documentation, shall take into account the congregate nature of assisted living as opposed to individual settings, and the rules shall include, but not be limited to:  (A) Fire, health, and life safety codes;  (B) Physical plant requirements, including space requirements for housing, toilet facilities, and related items;  (C) Staffing requirements; and  (D) Services requirements.      (c)  (1) No resident shall be permitted to remain in an assisted living facility if his or her condition requires twenty-four-hour nursing care or other services that an assisted living facility is not authorized by law to provide.  (2) This prohibition shall apply even if the resident is willing to enter into an agreement to relieve the facility of responsibility or otherwise manage the risk.    (d) Upon application, residential care facilities licensed or holding a permit of approval as of April 2, 2001, and subsequent purchasers shall be licensed as assisted living facilities, provided that:  (1) The facility shall provide a small refrigerator in each resident's room, except as otherwise provided by rule;  (2) The facility shall provide a microwave oven in each resident's room, except as otherwise provided by rule;  (3) The facility meets minimum space requirements for resident rooms of one hundred fifty square feet (150 sq. ft.) per person or two hundred thirty square feet (230 sq. ft.) for two (2) persons sharing a room, exclusive of entryway, closet, and bathroom, or one hundred square feet (100 sq. ft.) per person or one hundred eighty square feet (180 sq. ft.) for two (2) persons if the room has a half or full bath or if there is a shared bathroom between two (2) rooms;  (4) The application conforms to all other assisted living rules, except as provided in this subchapter; and  (5) Before obtaining the assisted living license, the residential care facility has no more than two (2) Class A or Class B violations pursuant to  20-10-205 within the previous six (6) months.    (e) Residential care facilities which choose to become assisted living facilities under subsection (d) of this section shall not be required to meet physical plant or other physical amenities requirements beyond those required for residential care facilities as of January 1, 2001, except as provided in subsection (d) of this section.  (f) Assisted living rules promulgated by the department shall be reasonable and shall not have the effect of excluding residential care facilities from entering the program, provided they meet the requirements of this subchapter.  (g)  (1) The department shall take all actions necessary to develop a home- and community-based care waiver application in accordance with  1915(c) of the Social Security Act.  (2) The waiver application shall seek federal financial participation to increase access to services in assisted living facilities by raising Medicaid income and resource limits to the maximum eligibility level of other home- and community-based waivers in effect.  (3) The waiver application shall seek permission to serve a minimum of one thousand (1,000) persons at a time and shall be submitted to the Centers for Medicare & Medicaid Services by June 30, 2001.  (4) The department's implementation of the waiver shall be reasonable and shall not have the effect of excluding residential care facilities which have become assisted living facilities under the provisions of this subchapter.    (h)  (1) Residential care facilities that choose not to become assisted living facilities will be permitted to continue participating in the Medicaid personal care program.  (2) If an assisted living facility has Medicaid residents who are not in the waiver program but could qualify for nonwaiver Medicaid services, then the facility shall be permitted to provide Medicaid personal care for those residents.    (i) Assisted living services may be provided directly or through contractual arrangement.  
 (a) The Department of Human Services may charge fees which shall be paid by assisted living facilities to cover administrative costs associated with licensing, inspection, and the regulation of assisted living facilities.  (b) The department shall promulgate rules necessary for charging administrative fees.  
 For Medicaid-eligible clients, the Department of Human Services shall reimburse assisted living facilities on a per diem basis in accordance with approval for per diem reimbursement from the Centers for Medicare & Medicaid Services. 
 (a)  (1) Each assisted living facility in the State of Arkansas shall first obtain a license to operate from the Department of Human Services.  (2) The department shall promulgate rules for the licensure and operation of assisted living facilities.    (b) Any person establishing, conducting, managing, or operating an assisted living facility within the meaning of this subchapter or using the term assisted living to promote the facility's services without first having obtained an assisted living license shall be guilty of a Class A misdemeanor and upon conviction shall be subject to the penalties prescribed for a Class A misdemeanor. However, residential care facilities licensed or holding a permit of approval as of April 2, 2001, may use the term assisted living to promote their services.  (c) Each day that an assisted living facility shall operate after a first conviction shall be considered a Class D felony, and the person establishing, conducting, managing, or operating an assisted living facility upon conviction shall be subject to the penalties prescribed for a Class D felony.  
 A facility licensed as of April 2, 2001, and subsequent purchasers have the option of converting all or part of the facility to assisted living under  20-10-1704(d) or choosing to remain licensed as a residential care facility. 
 (a) Facilities offering assisted living services shall obtain a permit of approval. However, permits of approval held by residential care facilities as of April 2, 2001, or held by subsequent purchasers of those facilities, shall also be considered permits of approval for assisted living without further action. However, residential care facilities that choose to offer assisted living services are not exempted from assisted living licensure requirements except as provided in  20-10-1704.  (b)  (1)  (A) Provided, further, that in order to take advantage of a Robert Wood Johnson Foundation grant, one (1) new facility chosen by the Department of Human Services may serve as a pilot project without the necessity of a permit of approval. This facility shall be exempt from the permit of approval process, provided that in 2001 it is awarded funding from the Coming Home Project and tax credits from the Arkansas Development Finance Authority.  (B) The Coming Home Project means the Robert Wood Johnson Foundation/NCB Development Corporation grant.    (2) The facility shall have no more than sixty (60) beds and shall serve a population a majority of which is low-income as defined by the United States Department of Housing and Urban Development.  (3) The pilot project facility shall still meet all other licensure requirements.    
 This subchapter shall be known and may be cited as the Long-Term Care Facilities Emergency Generator Act of 2001. 
 As used in this subchapter:   (1) Areas of refuge means any hallways, corridors, dining facilities, lobbies, reception areas, or community rooms designated by the nursing facility and approved by the Office of Long-Term Care;  (2) Critical systems means:  (A) Heating systems;  (B) Cooling systems;  (C) Call light or nurse call system;  (D) Illumination, heating and cooling, and life-support equipment or life-sustaining equipment in areas of refuge;  (E) Alarm systems, including fire and smoke alarms and fire extinguishing systems;  (F) Paging systems or speaker systems if intended for communication during an emergency;  (G) Life-sustaining equipment and life-support equipment;  (H) Refrigeration for medications and for food and liquids that require refrigeration;  (I) Continuous operation of telephone systems;  (J) Hot water circulation pumps and boiler rooms; and  (K) Elevators in facilities with elevators;    (3) Existing facility means a facility constructed or for which plans for construction have been approved by the Office of Long-Term Care, before April 13, 2001;  (4) Facility means a nursing facility or nursing home; and  (5) New resident means a person who has not been previously admitted to the nursing facility in the last fourteen (14) days.  
 (a)  (1) No later than six (6) months from April 13, 2001, each nursing facility or nursing home shall submit for approval to the Office of Long-Term Care plans prepared by a licensed architect, engineer, electrician, or individual deemed qualified by the manufacturer of the generator for the installation of an emergency generator sufficient to provide:  (A)  (i) For existing facilities, power to critical systems for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies.  (ii) However, nursing facilities are not required to provide heating or cooling to areas not designated and approved as areas of refuge; and    (B) For facilities constructed after April 13, 2001, power to all systems in the entire nursing facility that require electric power for operation for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies:  (i) Facilities constructed after April 13, 2001, are not required to provide power to air conditioning systems to residents' rooms; and  (ii) Facilities constructed after April 13, 2001, are required to provide power to air conditioning systems for areas of refuge.      (2) By November 1, 2002, each facility shall either:  (A) Have the emergency generator installed and functioning; or  (B)  (i) Have appropriate access for an emergency generator to be installed and functioning and have signed a lease agreement ensuring that the facility will have an approved emergency generator installed and functioning within eight (8) hours of an emergency electrical outage.  (ii) However, facilities shall provide emergency power to life-sustaining equipment and life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies.      (3) If the office determines that a plan does not meet the requirements of this subchapter:  (A) The office shall notify the facility in writing that the plan is unacceptable and shall state the specific deficiencies in the plan; and  (B)  (i) The facility shall submit a revised plan to the office within sixty (60) days of the date of the written notice.  (ii) The revised plan shall correct the deficiencies listed in the written notice to the office.      (4)  (A) If a facility does not agree with the determination by the office that a plan is unacceptable, the facility may appeal the determination pursuant to  20-10-303 [repealed].  (B) However, the filing of an appeal shall not stay the requirements under subdivision (a)(2) of this section.      (b)  (1) At least one (1) time a year, the facility shall have the system tested by a licensed engineer or other individual deemed qualified by the manufacturer of the generator to ensure that the system will operate as required in the event of loss of normal power.  (2) The facility shall retain a copy of the statement of the qualified professional attesting to the fitness of the system until the next licensure survey by the office.    (c)  (1) The facility shall start the emergency generator at least one (1) time each month and shall ensure that the generator remains in proper operating condition.  (2) The facility shall perform all recommended and required maintenance and tests on the emergency system as specified by the manufacturer of the system or as recommended by the person or entity performing the installation.  (3) Until the next licensure survey by the office, the facility shall record and maintain a log of all maintenance performed by the facility and of each monthly start-up and the operating condition of the generator at each monthly start-up.    (d) Unless otherwise specified in this subchapter, the installation and maintenance of the generator shall meet the requirements specified in National Fire Protection Association publications.  
 (a) If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility:  (1) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Office of Long-Term Care for each month in which the facility fails to comply with any provision of this subchapter;  (2)  (A) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the office for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours.  (B) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies;    (3) In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the office;  (4) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the office for each new admission that occurs during a period in which new admissions are prohibited;  (5) Appeals from the imposition of any monetary penalty under this subchapter shall be made pursuant to  20-10-208; and  (6) Appeals from the imposition of a denial of new admissions under this subchapter shall be made pursuant to  20-10-303 [repealed].    (b) Penalties allowed under this subchapter may be waived by the office for any existing facility that is scheduled to be replaced by a new facility which is under construction as of June 1, 2002.  (c) Penalties under this subchapter shall be waived when the generator is rendered inoperable due to natural disaster or other conditions beyond the control or authority of the facility and when the facility has taken reasonable actions to ensure the operation of the generator.  
 (a) The General Assembly finds that this subchapter is necessary to provide an alternative process to formal judicial or administrative appeals of deficiencies for long-term care facilities as a means for faster, more efficient, and less expensive resolution of disputes concerning deficiencies cited against long-term care facilities.  (b) It is the intent of the General Assembly to provide a process supplemental to formal appeal that is both fair and impartial to all parties to address disputes between long-term care facilities and the Office of Long-Term Care when a deficiency is cited against a long-term care facility.  
 As used in this subchapter:   (1) Deficiency means a violation or alleged violation by a long-term care facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a long-term care facility;  (2) Deficiency tag number means an alphanumeric designation of a deficiency by the Office of Long-Term Care that denotes the applicable state or federal rule, regulation, or law allegedly violated and that is used on the statement of deficiencies;  (3)  (A) Impartial decision maker means an individual employed by a state agency to conduct an informal dispute resolution hearing for the agency.  (B) Impartial decision maker does not include an individual who is presently or has been within the previous twenty-four (24) months actively involved in any survey process under the Department of Human Services;    (4) Informal dispute resolution means a nonjudicial process or forum before an impartial decision maker that provides a long-term care facility cited for deficiency with the opportunity to dispute a citation for deficiency;  (5) Long-term care facility has the same meaning as under  20-10-213;  (6) Party means a long-term care facility requesting an informal dispute resolution hearing or the office, or both;  (7) State survey agency means the Office of Long-Term Care, which is the federally designated state entity that performs Medicaid and Medicare surveys and inspections of Arkansas long-term care facilities; and  (8)  (A) Statement of deficiencies means a statement prepared by the office citing the applicable state or federal laws, rules, or regulations violated by a long-term care facility and the facts supporting the citation.  (B) A statement of deficiencies may also be referred to as a 2567.    
 (a) Informal dispute resolution shall be conducted by the Department of Health.  (b) The department shall assign all informal dispute resolution hearings to the unit or section charged with performing survey or inspection activity for hospitals and hospital-based skilled nursing facilities.  
 (a) The impartial decision maker may be an individual or a committee of individuals employed by the Department of Health.  (b)  (1) An impartial decision maker shall be a nurse, a physician, a pharmacist, or any combination of nurses, physicians, or pharmacists, employed by the department.  (2) Each person acting as an impartial decision maker shall be licensed by the State of Arkansas by their respective licensing agencies or boards.    (c) All impartial decision makers shall undergo and complete surveyor training arranged by the Office of Long-Term Care.  
 (a) A long-term care facility that wishes to challenge a deficiency shall make a written request to the Department of Health within ten (10) calendar days of the receipt of the statement of deficiencies from the Office of Long-Term Care.  (b) The written request shall include:  (1) A list of all deficiencies that the long-term care facility wishes to challenge; and  (2) A statement indicating whether the long-term care facility wants the hearing to be conducted by telephone conference call, by record review of the impartial decision maker, or by a meeting in which the long-term care facility and the office appear before the impartial decision maker.    
 (a)  (1) Upon receipt of a request for an informal dispute resolution hearing from a long-term care facility, the Department of Health shall assign the matter to an impartial decision maker.  (2) If a deficiency in dispute concerns a pharmacy, a pharmacist, a pharmacy tag, or a deficiency where the expertise of a pharmacist is required, the impartial decision maker shall:  (A) Be a pharmacist if the impartial decision maker is a single individual; or  (B) Include a pharmacist if the impartial decision maker is a group of individuals.      (b) The impartial decision maker shall:  (1) Schedule a time and date for a hearing; and  (2) Inform the parties of the time and date of the hearing.    (c) If the request for an informal dispute resolution hearing includes a request by the long-term care facility for a hearing at which the long-term care facility may appear before the impartial decision maker, the impartial decision maker shall:  (1) Arrange for facilities appropriate for conducting the hearing; and  (2) Inform the parties of the location of the facility.    (d)  (1) Each party shall submit to the impartial decision maker all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the impartial decision maker.  (2) Documentary evidence that is not submitted by the date specified by the impartial decision maker may be:  (A) Refused and not considered by the impartial decision maker; or  (B)  (i) Accepted by the impartial decision maker.  (ii) If the evidence is accepted, the impartial decision maker shall provide the opposing party the opportunity to submit additional documentary evidence.  (iii) However, the additional evidence shall be limited to information that addresses or rebuts the documentary evidence submitted after the date specified by the impartial decision maker.        (e)  (1) If the request for an informal dispute resolution hearing does not include a request by the long-term care facility for a hearing at which the long-term care facility may appear before the impartial decision maker, or upon agreement of the long-term care facility and the Office of Long-Term Care, the impartial decision maker may conduct the hearing by telephone conference call or by a review of documentary evidence submitted by the parties.  (2)  (A) If the informal dispute resolution hearing is conducted by record review, the impartial decision maker may request, and the parties shall provide, a written statement setting forth the parties' positions for accepting, rejecting, or modifying each deficiency in dispute.  (B) The written statement shall specify the documentary evidence that supports the position of each party for each deficiency in dispute.  (C) The long-term care facility shall provide its written statement to the impartial decision maker and the office.  (D) The office shall then provide its written statement in rebuttal to the impartial decision maker and the long-term care facility.      
 (a) Unless the long-term care facility chooses another order of presentation of arguments:  (1) The Office of Long-Term Care shall present the initial arguments at the hearing; and  (2) After the office completes its arguments, the long-term care facility shall present its arguments.    (b)  (1) As a matter of fairness to all parties, the impartial decision maker shall determine in conjunction with all parties:  (A) The appropriate time needed for each presentation of information and argument; and  (B) The sequence and appropriate time for each rebuttal argument.    (2) However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker in conjunction with all parties.    (c)  (1) Rules of evidence or procedure shall not apply except as provided in this section.  (2) The impartial decision maker may:  (A) Accept any information that the impartial decision maker deems material to the issue being presented; and  (B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.      (d)  (1) The hearing may not be recorded.  (2) However, the impartial decision maker may make written or recorded notes of the arguments.    (e) Only employees of the long-term care facility, attending physicians of residents of the long-term care facility at the time of the deficiency, pharmacists providing medications to residents of the long-term care facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the long-term care facility or by the medical director of the long-term care facility may appear or participate at the hearing for or on the behalf of the long-term care facility.  (f) Only employees of the office may appear or participate at the hearing for or on behalf of the office.  (g) A person authorized under subsection (e) or subsection (f) of this section to participate in the hearing may present direct questions to an opposing participant during the rebuttal argument.  (h)  (1) Within fourteen (14) days of a final decision concerning the issues presented in the hearing and any related matters, the Department of Health shall provide the parties with a report concerning the hearing, all decisions made on the basis of the hearing, and any related matters.  (2) The report required under subdivision (h)(1) of this section shall include without limitation:  (A) Information concerning any change to the disputed deficiency; and  (B) A listing of each specific item of the deficiency and all changes made to the deficiency.  (i) (1) The Department of Human Services shall compile and make available to all long-term care facilities subject to this section a quarterly report that shall include without limitation the number of informal dispute resolutions during the previous quarter that were:    (C) Decided in favor of the long-term care facility.         (A)  Heard;    (B)  Decided in favor of the state agency; and    (2)  The office shall review the reports under subdivision (i)(1) of this section and shall:    (A)  Determine what patterns of sustained and overturned deficiencies exist; and    (B)  Evaluate the training process to address the identified patterns.    (j)  A party shall not be represented by an attorney. 
 (a)  (1) Upon the conclusion of all arguments by the parties, the impartial decision maker shall issue a written statement of findings that shall be entitled Determinations.  (2) The statement shall include:  (A) A recitation of the deficiency tag numbers;  (B) A statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies; and  (C) The facts and persuasive arguments that support the impartial decision maker's finding for each deficiency tag number.      (b)  (1) The determination of the impartial decision maker shall be provided to the parties.  (2)  (A) The Office of Long-Term Care shall review the determination and shall issue a written document entitled State Survey Agency Determination.  (B) The state survey agency determination shall state:  (i) Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency;  (ii) For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and  (iii) For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification.        (c) A state survey agency determination is not subject to appeal, reargument, or reconsideration.  (d) The office shall deliver a copy of the state survey agency determination to the long-term care facility and to the impartial decision maker.  (e)  (1) In accordance with the state survey agency determination, the office shall issue an amended state of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.  (2) If the office determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.    (f) The amended statement of deficiencies shall be provided to the long-term care facility.  
 (a)  (1) The informal dispute resolution hearing is limited to deficiencies cited on a statement of deficiencies.  (2) No other issues may be addressed at an informal dispute resolution hearing, including, but not limited to:  (A) Scope and severity assessments of deficiencies unless the scope and severity assessments allege substandard quality of care or immediate jeopardy;  (B) Any remedies imposed;  (C) Any alleged failure of the survey team to comply with a requirement of the survey process;  (D) Any alleged inconsistency of the survey team in citing deficiencies among long-term care facilities; and  (E) Any alleged inadequacy or inaccuracy of the informal dispute resolution process.      (b) If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to informal dispute resolution.  (c) The impartial decision maker may not include in the determination any matter not subject to informal dispute resolution.  
 A request for an informal dispute resolution shall not:   (1) Stay any action for enforcement or imposition of remedies; or  (2) Affect or preclude a facility's right to judicial or administrative appeal.  
 The General Assembly declares that this act is necessary to assure the effective and coordinated regulation of long-term care facilities and long-term care facility administrators within an orderly organizational structure of government at such levels of economy as are consistent with the state's policy of promoting high standards of quality in the services and to eliminate overlapping and duplication of effort. 
 There is created an Office of Long-Term Care within the appropriate division as determined by the Secretary of the Department of Human Services. The head of the office shall be appointed by the secretary. 
 (a) The Office of Long-Term Care is designated as the unit of state government primarily responsible for the inspection, regulation, and licensure of long-term care facilities and the regulation and licensure of long-term care facility administrators.  (b) The office may promulgate such rules not inconsistent with this chapter as it shall deem necessary or desirable to properly and efficiently carry out the purposes and intent of this chapter.  
 (a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any federal or state law, rule, or regulation pertaining to Title XIX Medicaid certification or licensure, the office shall promptly serve by certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in  20-10-205.  (b) Each notice of violation shall:  (1) Be prepared in writing;  (2) Specify the:  (A) Exact nature of the classified violation;  (B) Statutory provision or specific rule alleged to have been violated;  (C) Facts and grounds constituting the elements of the classified violation; and  (D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and    (3)  (A) Inform the licensee of the right to a hearing under  20-10-208 when administrative remedies or civil penalties are imposed.  (B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act,  25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act,  25-15-201 et seq.      
 (a) The Office of Long-Term Care shall promulgate rules specifying classified violations in accordance with this section.  (b) The notice of violation issued to a long-term care facility by the Director of the Office of Long-Term Care shall be classified according to the nature of the violation and shall indicate the classification on the face of the notice as follows:  (1) Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom;  (2) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident;  (3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and  (4)  (A) Class D violations shall relate to the timely submission of statistical and financial reports to the office.  (B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance.  (C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.      
 (a)  (1) In the case of a Class A violation, the following civil penalties shall be assessed by the Director of the Office of Long-Term Care against the long-term care facility. In Class B, Class C, or Class D violations, the director, in his or her discretion, may assess the following civil penalties or may allow a specified period of time for correction of the violation:  (A)  (i) Class A violations are subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation.  (ii) A second Class A violation occurring within a six-month period shall be subject to a civil penalty of five thousand dollars ($5,000).  (iii) The third Class A violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of licensure of the facility;    (B)  (i) Class B violations are subject to a civil penalty not to exceed one thousand dollars ($1,000).  (ii) A second Class B violation occurring within a six-month period shall be subject to a civil penalty of two thousand dollars ($2,000).  (iii) A third Class B violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of the licensure of the facility;    (C) Class C violations are subject to a civil penalty to be set by the director in an amount not to exceed five hundred dollars ($500) for each violation; and  (D) Class D violations are subject to a civil penalty to be set by the director in an amount not to exceed two hundred fifty dollars ($250) for each violation.    (2) Each subsequent Class C and Class D violation within a six-month period from the last violation shall subject the facility to a civil penalty double that of the preceding violation until a maximum of one thousand dollars ($1,000) per violation is reached.  (3) In no event may the aggregate fines assessed for violations determined in any one (1) month exceed five thousand dollars ($5,000).    (b) In determining whether a civil penalty is to be imposed and in fixing the amount of the penalty to be imposed, or if a specified period of time shall be allowed for correction, the following factors shall be considered:  (1) The gravity of the violation, including the probability that death or serious physical harm to a resident will result or has resulted;  (2) The severity and scope of the actual or potential harm;  (3) The extent to which the applicable statutes, rules, or regulations were violated;  (4) The good faith exercised by the licensee. Indications of good faith include, but are not limited to:  (A) Awareness of the applicable statutes, rules, and regulations and reasonable diligence in securing compliance;  (B) Prior accomplishments manifesting the licensee's desire to comply with the requirements;  (C) Efforts to correct; and  (D) Any other mitigating factors in favor of the licensee;    (5) Any relevant previous violations committed by the licensee; and  (6) The financial benefit to the licensee of committing or continuing the violation.    (c) Assessment of a civil penalty provided by this section shall not affect the right of the Office of Long-Term Care to take such other action as may be authorized by law, rule, or regulation.  
 (a) When the Office of Long-Term Care's appropriate division, as determined by the Secretary of the Department of Human Services, finds, upon inspection and investigation, that any nursing home or residential care facility has committed two (2) violations constituting Class A or Class B violations as set out in  20-10-205 during any twelve-month period, the office shall notify the various news media within the county wherein the nursing home or residential care facility is located and shall advise the media that a complete record of the inspection and investigation will be available for public inspection at the office.  (b) However, no information shall be made available which will identify any resident, the family of any resident of the nursing home, the residential care facility, or any person who has filed a complaint against a nursing home or against an administrator or any personnel of a nursing home or residential care facility, except in cases of criminal or civil litigation.  (c) When the office finds, upon inspection and investigation, that any long-term care facility has committed a Class A or Class B violation, following final determination of the matter on administrative appeal, the long-term care facility administrator shall cause copies of the notice of violation as prepared by the office to be posted on the front entry to the facility to be visible from the interior. The notice shall be posted within seven (7) days of the final determination of the matter on administrative appeal and shall remain posted for a period of not less than sixty (60) days.  (d) The notice of violation shall meet the following requirements:  (1) The notice shall read:  (A) NOTICE  (B) This facility has been cited with a CLASS A or B VIOLATION.  (C) Pursuant to  20-10-205, Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom. Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident.  (D) Date of violation:  (E) Nature of violation:  (F) Further information can be obtained from the Office of Long- Term Care at ( number ).  (G) This notice shall remain posted for a period not less than sixty (60) days from (date ) to (date ).; and    (2) The notice shall be printed in accordance with the following specifications:  (A) The notice shall be eight and one-half inches by eleven inches (8 12" x 11") in size;  (B) The notice shall be printed on a white background;  (C) Subdivision (d)(1)(A) of this section shall be printed in red ink in all capital letters at the top center of the page in 48-point boldface type;  (D) Subdivision (d)(1)(B) of this section shall be printed in black ink in 18-point type, except for the words CLASS A or CLASS B VIOLATION, which shall be printed in red ink, in capital letters, in 24-point boldface type;  (E) Subdivision (d)(1)(C) of this section shall be printed in black ink with 10-point type. This paragraph shall be indented and boxed;  (F) Subdivisions (d)(1)(D) and (E) of this section shall be underlined and printed in black ink with 18-point type;  (G) Subdivisions (d)(1)(F) and (G) of this section shall be printed in 18-point boldface type; and  (H) The entries to be made shall be written in indelible red ink.      (e) A notice of correction may be posted by the facility administrator upon receipt from the office, provided that the notice does not obscure the notice of violation. Posting of the notice of correction shall not reduce the amount of time required for the posting of the notice of violation set forth in subsection (c) of this section.  (f)  (1) The ombudsman of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished with each final copy of a survey upon completion by the office.  (2)  (A) The ombudsman shall prepare a one-page form letter which specifically states whether the facility was found in compliance or out of compliance during the most recent annual survey. In addition, the letter shall include the same information from the previous three (3) annual surveys.  (B) The letter shall be considered separately from the survey process and shall not be admissible as evidence in any proceeding by either party in litigation arising from licensure or certification of long-term care facilities.  (C) Copies of the letter shall be furnished by the office to the facility administrator and the Attorney General.      (g)  (1) A long-term care facility required to be licensed under this subchapter shall post in a conspicuous place, readily accessible to residents and visitors, the final certification survey following final administrative determination as defined by rule of the statement of deficiencies and plans-of-correction survey report received by the facility.  (2) With the survey report, the facility shall post the summary letter prepared by the ombudsman.  (3) The survey report and letter shall remain posted until the next survey report is received by the facility.    (h) Failure to post a notice of violation as required by subsection (c) of this section shall be considered a Class C violation under  20-10-205 for which civil penalties set forth in  20-10-206 may be imposed, with each day of noncompliance constituting a separate offense. Otherwise, the failure to comply with the requirements of this section by a long-term care facility or facility administrator shall be considered a Class C violation under  20-10-205 for which civil penalties set forth in  20-10-206 may be imposed.  
 (a)  (1) A licensee may contest an assessment of a civil penalty or any administrative remedy imposed by the Office of Long-Term Care by sending a written request for a hearing to the Secretary of the Department of Human Services.  (2) Requests for hearings shall be received by the secretary within sixty (60) days after receipt by the licensee of the notice of violation and the assessment of any civil penalty or any administrative remedy imposed by the office.    (b)  (1) The secretary shall assign the appeal to a fair and impartial hearing officer who shall not be a full-time employee of the Department of Human Services.  (2) The hearing officer shall preside over the hearing and make findings of fact and conclusions of law in the form of a recommendation to the secretary.  (3) The secretary shall review any recommendation and make the final decision. He or she:  (A) May approve the recommendation; or  (B) May for good cause:  (i) Modify the recommendation in whole or in part; or  (ii)  (a) Remand the recommendation for further proceedings as directed by him or her.  (b) If the recommendation is remanded, the hearing officer shall conduct further proceedings as directed by the secretary and shall submit an amended recommendation to the secretary.        (4) If the secretary modifies a recommendation, in whole or in part, or if the secretary remands the decision, he or she shall state in writing at the time of the remand or modification all grounds for the remand or modification, including statutory, regulatory, factual, or other grounds.  (5) The modification or approval of a recommendation by the secretary shall be the final agency action as provided by the Arkansas Administrative Procedure Act,  25-15-201 et seq.    (c)  (1)  (A) The department shall commence the hearing within forty-five (45) days of receipt of the request for hearing, and the hearing officer shall notify the Director of the Office of Long-Term Care of the date, time, and place of the hearing.  (B) The notification shall be in writing and shall be sent at least twenty (20) days before the hearing date.  (C)  (i) The licensee may agree in writing to waive the requirement that the department commence the hearing within forty-five (45) days.  (ii) If the licensee waives the time limit under subdivision (c)(1) (C)(i) of this section, the hearing officer shall commence the hearing at the time agreed to by the parties.      (2) The hearing officer shall issue a recommended decision within ten (10) working days after the close of the hearing, the receipt of the transcript, or the submission of post-trial briefs requested or approved by the hearing officer, whichever is latest.  (3) Unless the secretary acts on the recommendation of the hearing officer within sixty (60) days of receipt of the recommendation, the recommendation of the hearing officer shall be final.  (4) Assessments shall be paid to the office within thirty (30) working days of receipt of the notice of violation or within thirty (30) working days of receipt of the final agency action in contested cases, unless the matter has been timely appealed to circuit court.  (5) Facilities failing to pay assessed civil penalties shall be subject to a corresponding reduction in the succeeding Medicaid vendor payment in lieu of nonpayment.    (d) Except to the extent that it is inconsistent with federal law or regulation, a written request for a hearing shall stay until denied by the secretary any enforcement action imposed by the office pending the hearing and the final decision of the secretary.  (e) Any party subject to appear before a hearing officer may appear and be heard at any proceeding prescribed in this section or may be represented by an attorney or other designated representative, or both.  (f)  (1) Upon written request of a licensee, the department shall provide copies of all documents, papers, reports, and other information gathered through inspection or survey that relate to the matter being appealed.  (2) The disclosure shall be made no later than ten (10) working days before a scheduled hearing date or by the date specified by the hearing officer.    
 (a)  (1) There is established on the books of the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the Long-Term Care Trust Fund.  (2) The fund shall consist of all moneys and interest received from the imposition of civil penalties levied by the state on long-term care facilities found to be out of compliance with the requirements of federal or state law, rules, or regulations, there to be administered by the Secretary of the Department of Human Services solely for the protection of the health or property of residents of long-term care facilities, including, but not limited to, the payment for the costs of relocation of residents to other facilities, maintenance and operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.    (b) Funds from the Long-Term Care Trust Fund may also be administered by the secretary for programs or uses that, in the determination of the Director of the Office of Long-Term Care, enhance the quality of life for long-term care facility residents through the adoption of principles and building designs established by the Eden Alternative, Inc. or Green House Project programs or other means.  
 (a) Except in cases of civil or criminal litigation or as permitted in subsection (b) of this section, information received by the Office of Long-Term Care, through inspection or otherwise, shall not be disclosed publicly, in administrative appeals or otherwise, in such a manner as to identify long-term care facility residents, their families, or persons filing complaints against a long-term care facility.  (b) Information received or generated by the office, including surveyors' notes, documents, photographs, or other materials gathered, generated, or used by the surveyors in their survey or investigation of a founded complaint, shall be made available to the long-term care facility that is the subject of the survey or investigation upon the completion of the investigation or survey. However, no information that reveals the identity or tends to reveal the identity of any complainant may be disclosed.  
 (a) The agency responsible for licensure and certification of long-term care facilities shall promulgate appropriate rules prescribing minimum staffing requirements for all long-term care facilities in the state. The agency shall conform to the requirements of the Arkansas Administrative Procedure Act,  25-15-201 et seq., and other appropriate state laws in promulgating and placing rules into effect.  (b) Failure to comply with the rules promulgated by the appropriate agency pursuant to subsection (a) of this section shall be cause for revocation or suspension of the license or certification of any long-term care facility.  (c)  (1) This section shall apply only to licensed nursing homes.  (2) This section shall not be applicable to any facility of the Division of Developmental Disabilities Services or to any other facility operated by the State of Arkansas or any agency of the state.    
 (a) Any applicant or licensee who is aggrieved by any decision of the Office of Long-Term Care with respect to the denial, suspension, or revocation of any long-term care facility license or long-term care facility administrator license or other final decision of the office with respect to standards of construction, operation, or maintenance of long-term care facilities or long-term care facility personnel or employees may appeal within thirty (30) days the decision of the office to the Pulaski County Circuit Court or to the circuit court of any county in which the applicant or licensee resides or does business.  (b) Pending determination of the matter on appeal, the status quo of the applicant or licensee shall be preserved.  
 As used in this section and  20-10-214  20-10-228:   (1) Department means the Department of Human Services;  (2) Director means the Director of the Office of Long-Term Care;  (3) Federal act means the Hospital Survey and Construction Act, Pub. L. No. 79-725, as amended;  (4)  (A)  (i) Institution means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietors suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.  (ii) Institution also includes an outpatient surgery center and an alcohol and drug abuse treatment center.    (B) No establishment operated by the United States Government or an agency thereof is within this definition;    (5)  (A) Long-term care facility means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who because of age, illness, blindness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and where a charge is made for that reception, accommodation, board, care, or treatment.  (B) Long-term care facility does not include:  (i) The offices of private physicians and surgeons;  (ii) Hospitals;  (iii) Recuperation centers;  (iv) Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services;  (v) Institutions operated by the United States Government;  (vi) Separate living arrangements that do not involve monitoring the activities of the residents while on the premises of the institution or facility to ensure the residents' health, safety, or well-being and that do not involve the institution or facility's being aware of the residents' general whereabouts; or  (vii) Hospices;      (6) Medical facility means a diagnostic or diagnostic and treatment center, a rehabilitation facility, or a nursing home as these terms are defined in the federal act, and any other medical facility for which federal aid may be authorized under federal law;  (7) Office means the Office of Long-Term Care; and  (8) Surgeon General means the United States Surgeon General.  
 (a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution or facility or any combination of separate entities working in concert within the meaning of  20-10-213  20-10-228 without first obtaining a license therefor as provided or violating any provision of  20-10-213  20-10-228 or rule lawfully promulgated under  20-10-213  20-10-228 shall be guilty of a violation.  (b) Upon conviction, the person, partnership, association, or corporation shall be liable for a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense nor more than one thousand dollars ($1,000) for each subsequent offense.  (c) Each day that the institution shall operate after a first conviction shall be considered a subsequent offense.  
 The Department of Human Services 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 or facility, or any combination of separate entities working in concert within the meaning of  20-10-213  20-10-228, without the person's first having secured a license therefor. 
 (a) In carrying out  20-10-213  20-10-228, the Department of Human Services is empowered and directed to:  (1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate  20-10-213  20-10-228;  (2) Provide methods of administration and appoint a director and other personnel of the Department of Human Services;  (3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis;  (4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private;  (5) Accept on behalf of the state and deposit with the Treasurer of State any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out  20-10-213  20-10-228 and expend such funds accordingly;  (6) Make an annual report to the Governor on activities and expenditures made pursuant to  20-10-213  20-10-228;  (7) Procure the services of an attorney to assist the Department of Human Services in any legal work involved in carrying out the duties of the Department of Human Services and pay for the services on a fee-for-service or retainer basis; and  (8) Accept a certificate made by an individual's physician that the individual is in need of nursing home care or that he or she can provide for himself or herself.    (b) The Department of Human Services shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of  20-10-213  20-10-228. The rules and standards shall be modified, amended, or rescinded by the Department of Human Services as may be in the public interest.  
 (a) The Department of Human Services is empowered and directed to make an inventory of existing medical facilities including public, nonprofit, and proprietary medical facilities, survey the need for construction of medical facilities, and, on the basis of the inventory and survey, develop a program for the construction of such public and other nonprofit medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate medical facility services to the people of the state in accordance with the regulations prescribed by the Hospital Survey and Construction Act, Pub. L. No. 79-725.  (b) The construction program shall provide, in accordance with regulations prescribed by the federal act, for adequate medical facilities for the people of the state, and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of medical facility services reasonably accessible to all persons in the state.  
 (a) The Department of Human Services may make application to the United States Surgeon General for, and receive, federal funds to assist in carrying out the survey and planning activities provided for in  20-10-217.  (b) The funds shall be deposited with the Treasurer of State as a trust fund designated Hospital and Medical Facility Survey and Planning Fund, which shall be kept separate and apart from all public funds of the state and shall be available to the department for expenditure in carrying out the survey and planning activities provided.  (c) Any funds received and not expended for such purposes shall be repaid to the United States Treasury.  (d) Warrants for all payments from the fund shall bear the signature of the Director of the Department of Human Services or his or her agent.  
 (a)  (1) The Department of Human Services shall prepare and submit to the United States Surgeon General a state plan which shall include the medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administration, and operation of medical facilities construction activities in accordance with the requirements of the federal act and regulations under the federal act.  (2) The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need.    (b) Before the submission of the plan to the United States Surgeon General, the department shall give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in the plan may be given an opportunity to express their views.  (c) After approval of the plan by the United States Surgeon General, the department shall cause to be published a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations.  (d) The department shall review the construction program, submit to the United States Surgeon General any modifications of the program which it may find necessary, and may submit to the United States Surgeon General modifications of the state plan not inconsistent with the requirements of the federal act.  
 (a) Applications for medical facilities construction projects for which federal funds are requested shall be submitted to the Department of Human Services and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency authorized to construct and operate a medical facility.  (b) However, no application for a diagnostic or treatment center shall be approved unless the applicant is:  (1) The state, a political subdivision, or a public agency; or  (2) A person, corporation, or association which owns and operates a nonprofit hospital.    (c) Each application for a construction project shall conform to federal and state requirements.  (d) If after affording reasonable opportunity for development and presentation of applications in the order of relative need the department finds that a project application complies with the requirements of subsection (a) of this section and is otherwise in conformity with the state plan, then it shall approve the application and shall recommend and forward it to the United States Surgeon General.  (e) The department by rule shall provide an opportunity for fair hearing and appeal to every applicant who is dissatisfied with any action regarding an application.  
 The Department of Human Services shall cause to be inspected each construction project approved by the United States Surgeon General. If the inspection warrants, the department shall certify to the United States Surgeon General that work has been performed upon the project or that purchases have been made in accordance with the approved plans and specifications and that payment of an installment of federal funds is due the applicant. 
 (a) The Department of Human Services is empowered to receive federal funds in behalf of and transmit them to such applicants.  (b) Money received from the United States Government for a construction project shall be deposited with the Treasurer of State as a trust fund. The fund shall be separate and apart from all public funds of the state and shall be used solely for payments due to applicants for work performed or purchases made in carrying out approved projects.  (c) Warrants for all payments from the fund shall bear the signature of the Director of the Office of Long-Term Care or his or her agent.  (d) The procedure provided in this section for the receipt and disbursement of such funds is not intended to deprive any applicant from receiving federal payments directly if, for any reason, the department or the Treasurer of State is not authorized to receive and transmit federal payments for certain construction projects to certain applicants.  
 (a) The Department of Human Services shall require institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the department as may be promulgated in accordance with the federal act and federal rules and regulations.  (b) An institution, or the governing body thereof, shall comply with such minimum standards as may be prescribed by the department under the authority of this section even though federal aid may not be sought or received under  20-10-213  20-10-228.  
 (a) No long-term care facility or related institution shall be established, conducted, or maintained in this state without obtaining a license.  (b)  (1) By properly promulgating rules, the Department of Human Services may provide for the issuance of provisional long-term care facility licenses and long-term care facility licenses, including the licensure of facilities with specialized wings, units, or rooms for dementia residents, those suffering from Alzheimer's disease, and other related conditions.  (2) The licenses shall be effective on a state fiscal year basis and shall expire June 30 of each year, subject to revocation and to annual renewal.  (3)  (A) If issued, a provisional license shall be effective upon submission of the application for licensure to the Office of Long-Term Care.  (B) The provisional license shall remain in effect until the issuance of the long-term care facility license.      (c)  (1) Applicants for long-term care facility licensure shall file applications under oath with the office.  (2) Applications shall be signed by the administrator or the owner of the facility.  (3) Applications shall set forth the full name and address of the facility for which licensure is sought and additional information as the office may require, including affirmative evidence of ability to comply with standards, rules, and regulations as may be lawfully prescribed.    (d) No license shall be issued or renewed for any long-term care facility unless the applicant has included in the application the name and such other information required for licensure and disclosure. This requirement, as well as any other requirement determined appropriate by the department, shall be in accordance with the guidelines provided by the department.  (e)  (1) Whenever ownership of controlling interest in the operation of a facility is sold by the person or persons named in the license to any other person or persons, the buyer shall obtain a license to operate the facility. The buyer shall notify the department of the sale and apply for a license at least thirty (30) days before the completed sale.  (2) Except as provided by the Arkansas Long-Term Care Facility Receivership Law,  20-10-901 et seq., the seller shall notify the department at least thirty (30) days before the completed sale. The seller shall remain responsible for the operation of the facility until such time as a license is issued to the buyer.  (3) The buyer shall be subject to any plan of correction submitted by the previous licensee and approved by the department.  (4) The seller shall remain liable for all penalties assessed against the facility which are imposed for violations or deficiencies occurring before sale of ownership or operational control.  (5) Before approval of the application for licensure of the buyer, the department shall consider and may deny a license based upon the following:  (A) Whether the administrator, officers, directors, or partners have ever been convicted of a felony;  (B) Whether, within twelve (12) months before the license application, any facility or facilities owned or operated by the applicant or applicants have been found, after final administrative decision, to have committed a Class A violation;  (C) Whether during the three (3) years before the application, the applicant or applicants have had a license revoked; or  (D) Whether the applicant or applicants have demonstrated to the satisfaction of the department that any other facility owned, operated, or administered by the applicant or applicants has been in substantial compliance with the standards as set by applicable state and federal law for the previous twelve-month period before application for licensure.    (6)  (A) Except as provided in subdivision (e)(6)(B) of this section, the buyer shall not be issued a license until the buyer provides the department with proof of payment by the buyer to the seller of a sum equal to the annual fee under subsection (i) of this section.  (B) The department shall process a renewal application before issuing a license to a buyer if:  (i) The buyer provides the department with proof of payment by the buyer to the seller of a sum equal to the annual fee under subsection (i) of this section;  (ii) The sale occurs between March 1 and July 1 of any year;  (iii) The seller applied for or received a renewal of the license; and  (iv) The seller paid the annual fee under subsection (i) of this section to the department.        (f)  (1) Before issuing a license, or approving the operation of any long-term care facility which was not licensed at the time of application or any additional bed capacity of a licensed facility, the department shall consider and may deny a license based upon the criteria established in subdivision (e)(5) of this section.  (2) This subsection is not intended to circumvent or alter the requirements set forth in  20-8-101 et seq.    (g) Except for facilities operated by the State of Arkansas, each long-term care facility shall pay an annual licensure fee in the following amount:  (1) Residential care facilities shall pay an annual fee determined by multiplying five dollars ($5.00) by the total number of licensed resident beds;  (2) Adult day care and adult day healthcare facilities shall pay an annual fee determined by multiplying five dollars ($5.00) by the maximum number of persons the facility can serve; and  (3) All other long-term care facilities shall pay an annual fee determined by multiplying ten dollars ($10.00) by the total licensed resident beds or maximum licensed client population.    (h) Annual licensure fees shall be tendered with each application for a new long-term care facility license and with each long-term care facility license renewal application.  (i)  (1) Annual licensure fees are payable in one (1) sum.  (2) Fees for new licensure applications may be prorated by dividing the total fee by three hundred sixty-five (365) and multiplying the result by the number of days from the date the application is approved through June 30, inclusive.  (3) Applications for licensure renewal shall be delivered, or if mailed shall be postmarked, on or before March 1.    (j) Any fee not paid when due shall be delinquent and shall be subject to assessment of a ten-percent penalty.  (k) No license or licensure renewal shall be issued unless the annual licensure fee has been paid in full.  (l) Licenses shall be issued only for the premises and persons named in the application and shall not be transferable.  (m) All funds derived from fees collected pursuant to  20-10-213  20-10-228 shall be deposited into the State Treasury and credited to the Division of Economic and Medical Services Administrative Fund to be used for the maintenance and operation of the long-term care facility licensure program.  (n) The department shall not require a license for an adult day care program that is excepted from the definition of long-term care facility under  20-10-101.  
 (a) The Department of Human Services shall prescribe by rule that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alterations, additions, or new construction, submit plans and specifications for them to the department for preliminary inspection and approval or recommendations with respect to compliance with the rules and standards.  (b) From time to time, the Secretary of the Department of Human Services or his or her agent shall inspect each construction project approved by the United States Surgeon General. If the inspection so warrants, the secretary or his or her agent shall certify to the United States Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due the applicant.  
 The Department of Human Services shall make such inspections as it may prescribe by rule. 
 The Department of Human Services shall make an annual report of its activities and operations under  20-10-213  20-10-228 to the Governor and shall make such information available to the General Assembly as may be requested. 
 (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.    
 (a) Any person, corporation, partnership, or facility seeking a license or renewal to provide long-term care in this state shall furnish a current annual disclosure statement to all residents upon request or to all prospective residents upon request.  (b) The statement shall be filed along with the annual application for licensure by March 1 of each year.  (c) The statement shall be on forms and in a format as prescribed by the Department of Human Services and shall include the following information:  (1) The name and business address of the facility and a statement as to whether the facility is a partnership, corporation, or other type of legal entity;  (2) The names and business addresses of the officers, directors, trustees, managing or general partners, or any persons having a five percent (5%) or greater equity or beneficial interest in or of the facility and a description of each person's interest in or occupation with the facility;  (3) A statement as to whether the facility, or any of its officers, directors, trustees, partners, or administrators, before the date of application:  (A) Has ever been convicted of Medicare or Medicaid fraud or felony;  (B) Has ever been convicted of fraud, embezzlement, fraudulent conversion, or misappropriation of property; or  (C) Has had final administrative judgment on any Class A or Class B violations within the last two (2) years;    (4) The location and description of the physical property or property of the facility;  (5) The disclosure statement shall clearly state which services are included in basic care contracts for long-term care and which services are available at or by the facility at extra charge; and  (6) A copy of the contract used by the facility.    
 Each facility shall file the completed annual disclosure statement along with its annual license application by March 1 of each year and file a copy of the disclosure statement with the Department of Human Services county office in the county in which the facility is located. 
 The failure to provide to any resident a copy of the disclosure statement upon request or to a prospective resident upon request or the failure of any facility to disclose the required information in a timely manner or the failure to file the disclosure statement as required shall be grounds for a Class C violation, pursuant to  20-10-205. 
 (a) The Office of Long-Term Care shall promulgate and maintain pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq., separate rules, client rights, and sanctions for intermediate care facilities for individuals with developmental disabilities operations and for other long-term care facilities regulated by the office.  (b) Rules which cover all facilities regulated by the office shall be included in each separate set of rules. Changes and updates to each set of rules shall specify which type of rules are being updated or changed.  
 This subchapter shall be known and may be cited as the Unlicensed Long-Term Care Facilities Act. 
 The purpose of this subchapter is to protect the elderly and other vulnerable citizens of the State of Arkansas by ensuring that all facilities that offer assisted living or similar services are properly licensed and following the statutes and rules for long-term care facilities. 
 As used in this subchapter:   (1) Assisted living facility means the same as in  20-10-1703;  (2) Congregate services means provision of group meals or any activities of daily living and instrumental activities of daily living provided in a group setting;  (3) [Repealed.]  (4) Person means an individual, partnership, association, corporation, or other entity;  (5) Residential care facility means the same as in  20-10-101; and  (6) Supervision means that an assisted living facility or a residential care facility monitors the condition or status of the resident as related to medical or personal care while in the facility.  
 (a) Any assisted living facility or residential care facility composed of a building or buildings, section, or distinct part of a building, whether operated for profit or not, shall be licensed as a long-term care facility by the Office of Long-Term Care if the facility:  (1) Houses more than three (3) individuals for a period exceeding twenty-four (24) hours;  (2) Provides meals or other congregate services; and  (3) Either:  (A) Provides supervision of residents; or  (B) Offers or provides assistance with activities of daily living, including, but not limited to:  (i) Eating;  (ii) Bathing;  (iii) Dressing;  (iv) Grooming;  (v) Ambulating;  (vi) Toileting; or  (vii) Taking medications.        (b) Facilities subject to the licensure requirement in subsection (a) of this section include those which:  (1) Provide services either directly or through contractual arrangements; or  (2)  (A) Facilitate contracting in the name of the residents.  (B) Apartment house managers referring residents to home health or other service agencies are not facilitating contracting within the meaning of this subdivision (b)(2).      (c) No facility may advertise or publicly represent that it provides assisted living or residential care or use other similar terms unless it is licensed under Arkansas law as an assisted living facility or residential care facility.  
 (a) Assisted living facilities and residential care facilities that are unlicensed on April 13, 2005, shall have until March 15, 2006, in which to apply for an assisted living facility license or residential care facility license.  (b) Any assisted living facility or residential care facility that fails to become licensed on or before October 15, 2007, shall be subject to the provisions of  20-10-2007.  (c)  (1) An assisted living facility or residential care facility shall be exempt from the state permit-of-approval process for purposes of this section if the facility obtains a license within the time provided in subsection (b) of this section.  (2) After the time provided in subsection (b) of this section, the facility shall comply with the permit-of-approval process and methodology in all other respects.    (d) The Office of Long-Term Care shall report to the Health Services Permit Agency when a facility has been licensed without a state permit of approval under this section.  (e) The agency shall take account of the new beds in its counting for need purposes under the permit-of-approval methodology.  
 (a) This subchapter shall not apply to situations in which persons in independent apartments receive home health services as with the Meals on Wheels program or other services by agencies such as the area agencies on aging but in which:  (1) Congregate services are not offered; and  (2) The situation is not advertised or publicly represented as assisted living, residential care, or a similar type of facility.    (b) As used in this section, congregate services does not include:  (1) Coordinating dining and social activities with a separately owned nonprofit senior citizen's center; or  (2) Arrangements of other types between area agencies on aging and government-subsidized housing projects existing on April 13, 2005.    
 (a) Each person establishing, conducting, managing, constructing, or operating an assisted living facility or residential care facility without a license in violation of this subchapter or using the terms assisted living, residential care, or similar term to promote the facility's services without first having obtained a license is subject to penalties under this chapter for operating an unlicensed long-term care facility.  (b) The Department of Human Services shall have the same powers to enforce this subchapter as are authorized in  20-10-215.  (c)  (1) The department may enter and inspect suspected unlicensed assisted living or residential care facilities, including any combination of separate entities working in concert within the meaning of  20-10-215 without first having secured a warrant.  (2) If a facility denies or refuses the department entry or denies, refuses, or interferes with inspection by the department, the department may apply for and shall be granted an injunction in the name of the state to prohibit the facility from operating until the department is permitted to enter and inspect the facility.    
 As used in this subchapter:   (1) Long-term care facility means a nursing facility or a licensed level II assisted living facility;  (2) Medicaid means the medical assistance program established under  20-77-101 et seq.;  (3) Nursing facility has the same meaning as in  20-10-1401;  (4) Options counseling for long-term care means the process of providing service under the Arkansas Options Counseling for Long-Term Care Program; and  (5) Representative means a family member, attorney, hospital social worker, or any other person chosen by an individual to act on behalf of the individual:  (A) Seeking a long-term care consultation; or  (B) Admitted to a long-term care facility January 1, 2008, or later.    
 (a) A long-term care facility shall notify the Office of Long-Term Care no later than the next business day of all admissions.  (b) Notification shall be made in the manner prescribed by the office.  
 (a) The Arkansas Options Counseling for Long-Term Care Program is created within the Department of Human Services.  (b) The program shall provide individuals or their representatives, or both, with long-term care consultations that shall include information about, at a minimum:  (1) Long-term care options and costs;  (2) An assessment of an individual's functional capabilities; and  (3) The conducting of all or part of a professional review, assessment, and determination of appropriate long-term care options.    (c) The program shall be administered by the department.  
 Each individual in the following categories may be provided with an options counseling for long-term care consultation:   (1) An individual admitted to a long-term care facility regardless of payment source;  (2) A long-term care facility resident who applies for Medicaid; and  (3) An individual who requests a long-term care consultation.  
 (a) An options counseling for long-term care consultation required under this subchapter may be provided at any time, including either before or after the individual who is the subject of a long-term care consultation has been admitted to a long-term care facility.  (b) The information provided through a long-term care consultation under this subchapter shall address all of the following:  (1) The availability of long-term care options that are open to the individual;  (2) Sources and methods of both public and private payment for long-term care services;  (3) Factors to consider when choosing among the available programs, services, and benefits; and  (4) Opportunities and methods for maximizing the independence and self-reliance of the individual, including support services provided by the individual's family, friends, and community.    (c) An individual's long-term care consultation may include an assessment of the individual's functional capabilities and may be provided concurrently with any assessment required by the Department of Human Services.  (d)  (1) At the conclusion of an individual's long-term care consultation, the department shall provide the individual or the individual's representative with a summary of options and resources available to meet the individual's needs.  (2) Even though the summary may specify that a source of long-term care other than care in a long-term care facility is appropriate and available, the individual is not required to seek an alternative source of long-term care and may be admitted to or continue to reside in a long-term care facility.    
 The Secretary of the Department of Human Services shall adopt rules necessary to implement and administer this subchapter, including without limitation:   (1) Procedures for a long-term care facility to notify the Office of Long-Term Care of admissions; and  (2)  (A) Procedures by which a person in a long-term care facility may decline options counseling for long-term care.  (B)  (i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility.  (ii) The form shall be limited to one (1) page and shall:  (a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii);  (b) List the date;  (c) State the name of the resident or, if applicable, the resident's representative;  (d) Contain checkboxes indicating that:  (1) The office was notified of the admission;  (2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and  (3) The resident or the resident's representative declined the options counseling for long-term care;    (e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form;  (f) Be signed by the resident or, if applicable, the resident's representative; and  (g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.        
 (a) After the first three (3) failures of a long-term care facility to complete the form required under  20-10-2106 in any calendar year, the Department of Human Services shall assess a fee against the long-term care facility of twenty-five dollars ($25.00) for each failure beyond three (3), with an annual maximum fee of one thousand two hundred dollars ($1,200).  (b) A long-term care facility assessed a fee under this section may appeal the assessment under  20-10-208.  
 (a) The purpose of the quality assurance committee in a long-term care facility is to evaluate and improve the quality of health care rendered to residents of the facility.  (b) The General Assembly finds that:  (1) Confidentiality of committee proceedings and records is key to improving the quality of care in long-term care facilities by promoting thorough and candid discussions for a full review and analysis of care processes; and  (2) The work of the quality assurance committee is an ongoing process in which individuals from various disciplines meet as a committee to:  (A) Ensure that current practice standards are maintained;  (B) Prevent deviations from care practices to the extent possible;  (C) Track, trend, and identify care concerns; and  (D) Correct inappropriate care processes.      
 (a) This subchapter applies to long-term care facilities as those entities are defined in  20-10-101.  (b) This subchapter does not expand, limit, or constrict any other privilege, particularly a privilege under  16-46-105,  20-9-502, or  20-9-503.  
 (a) A cause of action for damages or monetary liability shall not arise against a member of the quality assurance committee for an act or proceeding undertaken or performed within the scope of the functions of the quality assurance committee if the committee member acts without malice or fraud.  (b) This subchapter does not confer immunity from liability on an individual while performing services other than as a member of a quality assurance committee.  
 (a)  (1) A long-term care facility may appoint members to serve as a duly appointed quality assurance committee in which individuals from various disciplines meet as a committee to:  (A) Ensure that current practice standards are maintained;  (B) Prevent deviations from care practices to the extent possible;  (C) Track, trend, and identify care concerns; and  (D) Correct inappropriate care processes.    (2)  (A) The proceedings of and records that are created by or for the quality assurance committee of a long-term care facility are not subject to discovery or introduction into evidence in a civil action against a provider of professional health services arising out of the matters that are subject to evaluation and review by the quality assurance committee.  (B) Appointments to the quality assurance committee and the dates of the meetings shall be documented and maintained.    (3)  (A) A long-term care facility may retain a professional consultant to assist the quality assurance committee in studying quality-of-care concerns.  (B) Any oral or written reports of the consultants to the quality assurance committee are privileged and not subject to discovery or introduction into evidence in a civil action against a provider of professional health services.  (C) Oral or written communications privileged under this section may be used by the consultant without waiver of the privilege.    (4) A person who was in attendance at a meeting of the quality assurance committee shall not be permitted or required to testify in a civil action as to the following:  (A) Evidence or other matters produced or presented during the proceedings of the quality assurance committee; or  (B) Findings, recommendations, evaluations, opinions, or other actions of the quality assurance committee or any members of the quality assurance committee made or taken in the quality assurance role.      (b)  (1) This section does not apply to or affect the discovery or admissibility into evidence in a civil proceeding of the following records:  (A) Records or reports made in the regular course of business by a long-term care facility or other healthcare provider that are not created by or for the quality assurance committee;  (B) Records or reports otherwise available from original sources, including without limitation the medical record of specific residents;  (C) Records or reports required to be kept by applicable law, rule, or regulation that are not created by or for the quality assurance committee;  (D) Incident and accident reports;  (E) The long-term care facility's operating budgets; or  (F) Records of the quality assurance committee's meeting dates.    (2) Without waiving any privilege, appointments to the quality assurance committee are available to the Attorney General's Medicaid Fraud Control Unit.  (3) A person who testifies before the quality assurance committee or who is a member of the quality assurance committee shall not be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the quality assurance committee or about opinions formed by him or her as a result of the committee hearings.    
 Upon a request of a quality assurance committee reviewing care provided in a long-term care facility, a physician, administrator, nurse, certified nurse's aide, nurse's aide-in-training, or other individual engaged in work in or about the long-term care facility and having information or knowledge relating to the care provided in the long-term care facility shall advise the quality assurance committee concerning all the relevant facts or information possessed by the individual concerning the quality of care provided in the long-term care facility. 
 (a) The General Assembly recognizes that in order to provide for appropriate health care for all Arkansans:  (1) Personal care service providers are a vital component in the recovery from an illness or an injury;  (2) Sufficient personal care service providers should be available to meet the needs of all eligible recipients; and  (3) Personal care service providers should be allowed to provide in-home personal care service to eligible recipients twenty-four (24) hours a day and seven (7) days a week.    (b) It is the purpose of this subchapter to:  (1) Allow a private care agency to provide in-home personal care services twenty-four (24) hours a day and seven (7) days a week to eligible recipients;  (2) Provide for the reimbursement of the personal care services through Medicaid; and  (3) Authorize the Department of Human Services in its administration of the Arkansas Medicaid Program to set forth Medicaid provider participation requirements for a private care agency that will ensure sufficient available personal care service providers in order to meet the needs of all eligible recipients, including available in-home personal care services twenty-four (24) hours a day and seven (7) days a week.    (c) This subchapter does not supersede department rules that establish monthly benefit limits and prior authorization requirements.  (d) The department is not required to reimburse a private care agency for twenty-four-hour-a-day and seven-day-a-week personal care services.  
 As used in this subchapter, private care agency means a provider that is certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as a provider of home- and community-based health services and that:   (1) Furnishes in-home staffing services for personal and attendant care services; and  (2) Retains liability insurance of not less than one million dollars ($1,000,000) to cover its employees and independent contractors while its employees and independent contractors are engaged in providing personal and attendant care services.  
 The Division of Medical Services of the Department of Human Services shall take such action as required by the Centers for Medicare & Medicaid Services to amend the Arkansas Medicaid Manual to include private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week as a qualified healthcare provider that is eligible for Medicaid reimbursement. 
 (a) The State Board of Health shall promulgate rules necessary to implement this subchapter.  (b) To be eligible for reimbursement under this subchapter, the private care agency shall provide personal care services that comply with rules promulgated by the board.  (c) The board shall:  (1) Establish a separate licensure category for private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week;  (2)  (A) Adopt, promulgate, and enforce rules and standards as necessary to implement this subchapter.  (B) A rule adopted to implement this subchapter shall be amended or repealed by the board as in the interest of the public through the Arkansas Administrative Procedure Act,  25-15-201 et seq.;    (3) Require that:  (A)  (i) A qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse.  (ii) The frequency of in-person visits shall be at least annually.  (iii)  (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education.  (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and      (B) A private care agency maintain a primary location in Arkansas and a sufficient number of regional offices to adequately service the administrative needs of the private care agency and the patients of the private care agency; and    (4) Not require:  (A) A registered nurse to visit a patient every sixty-two (62) days to supervise services; or  (B) A branch office of a private care agency to be within a one-hundred-mile radius of a patient's home.      (d) The Department of Health shall implement the board's rules and supervise the conduct of the private care agencies as defined under this subchapter.  
 (a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any long-term care facility without first obtaining a license as provided by law shall be guilty of a Class A misdemeanor and upon conviction shall be liable to a fine imposed pursuant to a Class A misdemeanor.  (b) Each day that a long-term care facility shall operate after a first conviction shall be considered a Class D felony and upon conviction shall be liable to a fine imposed pursuant to a Class D felony.  
 (a) It shall be unlawful for any person to act or serve in the capacity of nursing home administrator in this state unless the person has been licensed to do so as authorized in this subchapter.  (b) A person who serves as an administrator of a long-term care facility conducted exclusively for persons who rely upon treatment by spiritual means through prayer in accordance with the creed or tenets of a church or religious denomination shall be exempt from subsection (a) of this section and  20-10-101(1)-(6),  20-10-203(b),  20-10-212,  20-10-301  20-10-303 [repealed],  20-10-403,  20-10-405(b),  20-10-406, and  20-10-407.  
 (a) The Office of Long-Term Care is vested with the authority and duty to prescribe minimum qualifications for long-term care facility administrators and license persons as long-term care facility administrators who make application for licensure and meet the minimum qualifications as prescribed in this section and by rule of the office.  (b) No license shall be issued to a person as a long-term care facility administrator unless:  (1) He or she is at least twenty-one (21) years of age, of good moral character, and of sound physical and mental health;  (2) He or she has:  (A) Satisfactorily completed a course of instruction and training prescribed by the office. The course shall be so designed as to content and administered so as to present sufficient knowledge of the needs properly to be served by long-term care facilities, laws governing the operation of long-term care facilities and the protection of the interests of patients therein, and the elements of good long-term care facility administration;  (B) Presented evidence satisfactory to the office of sufficient education, training, or experience in the foregoing field to administer, supervise, and manage a long-term care facility; or  (C) Participated for one (1) year in an administrator-in-training program approved by the office; and    (3) He or she has passed an examination administered by the office and designed to test for competence in the subject matter referred to in subdivision (b)(2) of this section.    
 (a) Any person desiring to be licensed as a nursing home administrator shall make application to the Office of Long-Term Care on forms prescribed by the office and shall furnish such information with the application as shall be required by the office.  (b) An applicant shall complete the licensure process within one and one-half (112) years from the date of application approval for licensure.  (c) Each application shall be accompanied by a licensure fee of one hundred dollars ($100), one half (12) of which shall be refunded to the applicant if he or she is refused licensure by the office.  (d) This section and  20-10-405 and 20-10-408 only apply to nursing home administrators and are not intended to require administrators in other kinds of long-term care facilities unless provided by rule.  
 (a) Every active nursing home administrator's license shall be renewed on or before July 1 of each year by paying a fee of one hundred dollars ($100) to the Office of Long-Term Care and by furnishing written documentation that the licensee has attended and accumulated a specific number of continuing education clock hours as established by the office.  (b) The fee for those nursing home administrators not actively employed by a nursing home facility as an administrator shall be fifty dollars ($50.00), payable on or before July 1 of each year.  (c) If the annual licensure fee in full along with the renewal application and satisfactory documentation of compliance with continuing education requirements is not postmarked or received by the office on or before July 1, the licensee shall be ineligible to perform the duties of nursing home administrator, and the license shall be deemed suspended effective July 2.  (d) No request for renewal postmarked or received by the office after July 1 shall be considered unless, in addition to other requirements imposed by law or rule, the licensee tenders a late charge in the amount of fifty dollars ($50.00).  (e) Any license not renewed on or before September 1 shall expire effective September 2.  
 (a) The Office of Long-Term Care may by rule establish terms and conditions for reciprocity licensure of individuals currently licensed in good standing as long-term care facility administrators in other states.  (b) At their option, applicants qualifying for reciprocity licensure may be granted a nonrenewable temporary license not to exceed one hundred twenty (120) days upon condition of payment of a fifty-dollar temporary license fee and upon meeting the terms and conditions established by the office for the temporary license.  
 (a) The Office of Long-Term Care may refuse to issue or renew a long-term care facility administrator's license or may revoke or suspend the license of a long-term care facility administrator if the office finds that the applicant or licensee does not qualify for licensure or has violated  20-10-101(1)-(6),  20-10-203(b),  20-10-212,  20-10-301  20-10-303 [repealed],  20-10-402,  20-10-403,  20-10-405(b),  20-10-406, and this section or rules of the office relating to the proper administration and management of a long-term care facility.  (b) Any denial of the issuance or renewal of a long-term care facility license or a long-term care facility administrator's license or the revocation or suspension of the license shall be after notice and hearing before an impartial hearing officer as provided in  20-10-208 and shall be subject to judicial review as provided in  20-10-212.  
 (a) All funds derived from fees collected pursuant to this subchapter are special revenues and shall be deposited into the State Treasury, there to be credited to the Nursing Home Personnel Training Fund to be utilized by the Office of Long-Term Care for development and implementation of training programs as may be prescribed by the office.  (b) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services may transfer all unexpended funds relative to the licensure of nursing home administrators that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  
 As used in this subchapter:   (1) Committees means the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof to whom the state agencies in the long-term care network will report the progress of this effort;  (2) Long-term care and related community-based services means preventive, diagnostic, therapeutic, rehabilitative, and maintenance services available in the home and a variety of protected environments, including institutions, provided to persons, regardless of age, whose capabilities have been impaired by physical, mental, or emotional disability; and  (3) State agencies means the Department of Human Services and any other state agency which administers funds for long-term care and related community-based services.  
 (a) The state agencies which administer funds for long-term care shall work together to achieve a coordinated and accessible network of long-term care and related community-based services, utilizing an orderly and effective interagency referral system.  (b) The state agencies shall develop procedures and guidelines to assure that coordination between state agencies in the long-term care network will take place.  (c) Nonstate agencies shall be encouraged to participate in the long-term care network.  (d) Any nonstate agency which receives state funds related to long-term care services shall be required to abide by the policies and procedures of the long-term care network.  
 The state agencies shall work out formalized agreements among themselves that will set forth all the elements of this plan. 
 The state agencies shall carry out a public information campaign to inform the citizens of Arkansas about this network of services. 
 (a) State agencies shall establish a demonstration project in a limited number of counties in order to develop a comprehensive long-term care assessment system.  (b) This project shall develop the role of assessment agencies for the long-term care network.  (c) These assessment agencies shall not be engaged in the provision of services but shall perform an assessment function to measure the client's total needs in order to refer the client to the appropriate level of care available.  
 (a) The state agencies shall collect and report management and caseload information to the appropriate legislative committees on a quarterly basis.  (b) Each agency shall identify to the committees all agency funds and personnel involved in the delivery of long-term care and related community-based services.  
 The state agencies shall develop a plan for training home health aide providers. 
 (a) The Department of Health, the Department of Human Services, and any other state agency which administers funds and appropriations for long-term care and related community-based services may transfer funds and appropriations among themselves in such amounts as they deem necessary to carry out the intent of this subchapter.  (b) The transfers are to be made upon the request of the state agency, but only after having sought and received the advice of the committees, by the Chief Fiscal Officer of the State.  
 This subchapter shall be known and may be cited as the Long-Term Care Ombudsman Act. 
 The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall establish and administer an ombudsman program in accordance with the Older Americans Act, 42 U.S.C.  3001 et seq., as amended, and all applicable federal and state laws, including the Arkansas Administrative Procedure Act,  25-15-201 et seq. 
 No ombudsman shall be denied access to any patient or resident in a long-term care facility during any period of operation of the facility. 
 This subchapter shall be known and may be cited as the Long-Term Care Aide Training Act. 
 As used in this subchapter:   (1) Long-term care facility means a nursing home, a residential care facility, an assisted living facility, an adult day-care facility, or any other facility which provides long-term medical or personal care; and  (2) Primary instructor means a registered nurse who:  (A)  (i) Is licensed in this state; or  (ii) Holds a multistate privilege to practice if the registered nurse moves from a state that has joined the Interstate Nurse Licensure Compact,  17-87-601 et seq., to Arkansas and meets all requirements for licensure in Arkansas;    (B) Does not have any disciplinary action regarding his or her license by the licensing entity or authority; and  (C)  (i) Possesses a minimum of two (2) years' general nursing experience as a registered nurse including at least one (1) year of long-term care nursing services in a nursing facility setting within the last five (5) years.  (ii) As used in this section, general nursing experience may include without limitation employment in a nursing assistant education program or employment in or supervision of nursing students in a nursing facility or unit, geriatrics department excluding a geriatric psychiatry department, long-term acute care hospital, home healthcare, hospice care, or other long-term care setting.      
 Students who have satisfactorily completed a nursing assistant or aide training program in either a public or private proprietary school licensed by the State of Arkansas are excluded from this subchapter since they will already have attained the skills needed to serve as aides in long-term care facilities. 
 The Office of Long-Term Care shall establish a training program to be completed by all aides in long-term care facilities who provide personal care to residents. 
 (a) The Office of Long-Term Care shall promulgate rules necessary to implement an aide training program for all long-term care facilities in this state, to prescribe in-service training programs, and to enforce compliance with those programs.  (b)  (1) The rules shall require training programs to:  (A) Provide no fewer than ninety (90) clock hours of training;  (B) Include in those ninety (90) clock hours no fewer than fifteen (15) clock hours of training specific to Alzheimer's disease and related dementia; and  (C) Have only one (1) primary instructor for each course.    (2) The training programs required under this subsection shall take effect only if funds are available.  (3) The training program established under this section shall be known as the Barbara Broyles Training Program.    
 As used in this subchapter:   (1) Agency means any person, partnership, association, corporation, or other organization, whether public or private, proprietary or nonprofit;  (2) Class A license means that the applicant is at the time of filing an application a Medicare-certified home health agency. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services;  (3) Class B license means that the application shall show proof of the services provided and the geographical territory in which those services have been provided as of July 20, 1987, and that the applicant shall have requested a survey for the purpose of confirming the services provided and territory covered;  (4) Division means the Division of Health Facilities Services;  (5) Home healthcare services means the providing or coordinating of acute, restorative, rehabilitative, maintenance, preventive, or health promotion services through professional nursing or by other therapeutic services such as physical therapy, occupational therapy, speech therapy, home health aide, or personal services in a client's residence;  (6) Home healthcare services agency means an agency licensed to provide home healthcare services;  (7) Place of business means any office of a home health agency including subunits;  (8) Residence means a place where a person resides, including a home, nursing home, or convalescent home for the disabled or aged; and  (9) Subunit means an organization of an agency that provides home healthcare services and which serves patients in a geographic area different from that of the agency.  
 The following persons are not required to be licensed under  20-10-807:   (1) A physician, dentist, registered nurse, or physical therapist who is currently licensed under the laws of this state who provides home health services only to a patient as a part of his or her private office practice when the services are incidental to the office practice;  (2) The following healthcare professionals providing home healthcare services as a sole practitioner:  (A) A registered nurse;  (B) A licensed vocational nurse;  (C) A physical therapist;  (D) An occupational therapist;  (E) A speech therapist;  (F) A medical social worker; or  (G) Any other healthcare professional as determined by the Department of Health;    (3) A nonprofit registry operated by a national or state professional association or society of licensed healthcare practitioners, or a subdivision thereof, that operates solely as a clearinghouse to put consumers in contact with licensed healthcare practitioners who will give care in a patient's residence and that neither maintains the official patient records nor directs patient services;  (4) An individual whose permanent residence is in the patient's residence;  (5) An employee of a person holding a license under this subchapter who provides home healthcare services only as an employee of the licensed person and who receives no benefit for providing home healthcare services other than wages from the employer;  (6) A home, nursing home, convalescent home, or other institution for individuals with disabilities or individuals who are elderly that provides health services only to residents of the home or institution;  (7) A person who provides one (1) health service through a contract with a person licensed;  (8) A durable medical equipment supply company;  (9) A pharmacy or wholesale medical supply company that furnishes those services that relate to drugs and supplies to persons in their homes;  (10) A hospital or other licensed healthcare facility serving only inpatient residents;  (11) A visiting nurse service or home aide service constructed by and for the adherents of a religious denomination for the purpose of providing services for those who depend upon spiritual means through prayer alone for healing; and  (12) Persons providing services to one (1) or more individuals with intellectual or other developmental disabilities, as defined in  20-48-101, under a license or certificate from the Division of Developmental Disabilities Services.  
 (a)  (1) Any person who violates any provision of this subchapter or rules lawfully promulgated under this subchapter shall be guilty of a violation.  (2) Upon conviction, that person shall be liable to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent offense.    (b) Each day that the person performs home healthcare services after a first conviction shall be considered a subsequent offense.  
 (a) This subchapter shall be administered by the Division of Health Facilities Services.  (b)  (1) The State Board of Health shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of the purposes of this subchapter.  (2) The rules and standards shall be amended or rescinded from time to time by the board as may be in the public interest, after first complying with the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (3) Rules under this subchapter shall:  (A)  (i) Require that a qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse.  (ii) The frequency of in-person visits shall be at least annually.  (iii)  (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education.  (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and      (B) Not require:  (i) A registered nurse to visit a patient every sixty-two (62) days to supervise services; or  (ii) A branch office of a home healthcare services agency that only provides unskilled home healthcare services to be within a one-hundred-mile radius of a patient's home.        
 It shall be unlawful for any agency to provide home healthcare services unless licensed pursuant to this subchapter. 
 (a) An applicant for a license to provide home healthcare services shall:  (1) File a written application on a form prescribed by the Division of Health Facilities Services;  (2) File with the application the name of the owner of the agency or a list of names of persons who own an interest in the agency and a list of any businesses with which the agency subcontracts and in which the owner or owners of the agency hold as much as five percent (5%) of the ownership;  (3) Establish a place of business within the State of Arkansas that maintains home healthcare services records and directs patient services;  (4) Cooperate with any inspections the division may require for a license and comply with rules and standards promulgated under this subchapter; and  (5) Pay to the division a license fee as prescribed by  20-10-812.    (b) In addition to the requirements listed in subsection (a) of this section for new and existing agencies providing home healthcare services on July 20, 1987, those agencies shall furnish the following information for a Class A or Class B license:  (1) For a Class A license, if the applicant is at the time of filing an application a Medicare-certified home health agency, the applicant shall provide proof of its compliance with federal conditions of participation. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services; and  (2) For a Class B license, the applicant shall show proof of the home healthcare services provided and the geographical territory in which those home healthcare services have been provided as of July 20, 1987, and it shall have requested a survey for the purposes of confirming the home healthcare services provided and the territory covered.    (c) The Director of the Division of Health Facilities Services may issue a temporary license to an applicant for a period not to exceed six (6) months.  
 (a)  (1) The Director of the Division of Health Facilities Services shall issue licenses for the operation of home healthcare services agencies which are found to comply with this subchapter and with the rules of the State Board of Health.  (2) The director shall also issue licenses for the operation of subunits of a home healthcare services agency.    (b) Licenses shall be issued to the entity and persons listed in the application for licensure and shall not be transferable.  
 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.  
 (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.  
 Upon the dissolution of any corporation which on April 14, 1995, is licensed to provide home healthcare services, the Department of Health, the Health Services Permit Agency, the Health Services Permit Commission, and any other agency involved may transfer the dissolved corporation's licenses and permits of approval to a stockholder of the dissolved corporation, and that stockholder may continue to perform home healthcare services under the transferred license and permit of approval. 
 This subchapter may be known as the Arkansas Long-Term Care Facility Receivership Law. 
 It is the purpose of this subchapter to develop a mechanism whereby the concept of receivership can be utilized for the protection of residents in long-term care facilities. It is the intent of the General Assembly that receivership shall be a remedy of last resort when all other methods of remedy have failed or when the implementation of other remedies would be futile. It is not the intent of this subchapter to circumvent the Health Services Permit Program of the Health Services Permit Commission. No court or administrative agency shall interpret the contents of this subchapter to allow the transfer of beds or the license of a facility under receivership without approval of the commission as required by  20-8-101 et seq. 
 As used in this subchapter:   (1) Administrator means a long-term care facility administrator as defined in  20-10-101;  (2) Emergency means a situation, a physical condition, or one (1) or more practices, methods, or operations which threaten the health, security, or welfare of residents;  (3) Facility means a long-term care facility which is required to be licensed under  20-10-224;  (4) Habitual violation means a violation of state or federal law which, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents;  (5) Licensee means any person or any other legal entity that is licensed or required to be licensed to operate a facility;  (6) Owner means the holder of the title to the real estate in which the facility is maintained;  (7) Resident means any person who lives in and receives services or care in a long-term care facility; and  (8) Substantial violation means a violation of state or federal law which presents a reasonable likelihood of serious physical or mental harm to residents.  
 The following circumstances shall be grounds for the appointment of a receiver to operate a long-term care facility:   (1) An emergency exists in a facility which threatens the health, security, or welfare of residents;  (2) A facility is in substantial or habitual violation of the standards of health, safety, or resident care established under state rules or federal regulations to the detriment of the welfare of the residents;  (3) A facility intends to close but has not arranged at least thirty (30) days before closure for the orderly transfer of its residents;  (4) The facility is insolvent; and  (5) The Department of Human Services has suspended, revoked, or refused to renew the existing license of the facility.  
 (a) The Department of Human Services, Attorney General, or prosecuting attorney or duly appointed deputy prosecuting attorney of the district in which the facility is located may file a complaint in the circuit court of the county in which the facility is located requesting the appointment of a receiver.  (b) A complaint for appointment of a receiver pursuant to this subchapter shall have precedence and priority over any civil case pending in the circuit court in which the complaint is filed.  (c) The court shall hold a hearing on the complaint within five (5) days of the filing of the complaint.  (d) The complaint and notice of hearing shall be served on the owner and administrator or licensee of the facility. In cases when the department is not the plaintiff in the action, a copy of the complaint and notice shall be forwarded by mail to the Secretary of the Department of Human Services by the plaintiff.  
 The court shall appoint a receiver if it finds that any one (1) of the grounds for appointment set forth in  20-10-904 is satisfied. 
 (a) If the complaint filed under  20-10-905 is filed by the Department of Human Services and alleges that grounds set out in  20-10-904(1) or  20-10-904(2) exist within a facility and is accompanied by a verified affidavit setting forth facts which would constitute such a ground, a temporary receiver shall be appointed with or without notice to the owner, licensee, or administrator.  (b) The temporary appointment of a receiver without notice to the owner, licensee, or administrator may be made only if the court is satisfied that the department has made a diligent attempt to provide reasonable notice under the circumstances. The delivery of a copy of the complaint to the facility upon filing shall constitute reasonable notice for issuance of a temporary receivership order by the court.  (c) Upon appointment of a temporary receiver, the department shall proceed immediately to obtain service as provided in  20-10-905(d).  (d) If the department does not proceed with the complaint, the court shall dissolve the temporary receivership after ten (10) days.  
 (a) The circuit court may appoint any licensed nursing home administrator or any qualified person as a receiver who does not have a conflict of interest.  (b) The Department of Human Services shall maintain a list of qualified persons to be furnished to the court. Preference shall be given to persons with experience in delivery of healthcare services and operation of long-term care facilities.  (c) No person may be considered to be qualified to be a receiver who:  (1) Is the owner, licensee, or administrator of the facility;  (2) Is affiliated with the facility;  (3) Has a financial interest in the facility; or  (4) Has owned or operated a facility that has been ordered into receivership.    
 The receiver appointed pursuant to this subchapter:   (1) Shall operate the facility in such a manner as to assure safety and adequate health care for the residents;  (2) Shall receive and expend in a reasonable and prudent manner the revenues of the facility;  (3) May hire, direct, manage, and discharge any employees, including the administrator of the facility;  (4) Shall be entitled to and shall take possession of all property or assets of residents which are in the possession of the licensee or operator of the facility. The receiver shall preserve all property, assets, and records of residents of which the receiver takes possession;  (5)  (A) May contract for such outside services as may be needed for the operation of the facility.  (B) Any contract for outside services in excess of three thousand dollars ($3,000) shall be approved by the court;    (6) Shall pay commercial creditors of the facility determined by the receiver to be valid;  (7)  (A) May do all things necessary and proper to maintain and operate the facility in accordance with sound fiscal policies.  (B) The receiver shall take such action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession and may use such assets or property only in the performance of the powers and duties set out in this section;    (8) Shall conduct the day-to-day business operations of the facility;  (9)  (A) Shall correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the safety or health of residents while they remain in the facility, provided the total cost of correction does not exceed three thousand dollars ($3,000).  (B) The circuit court may order expenditures for this purpose in excess of three thousand dollars ($3,000) upon application from the receiver, after notice to the owner and hearing;    (10) Shall collect incoming payments from all sources and apply them to the costs incurred in the performance of his or her functions as receiver, including the compensation of the receiver;  (11) Shall honor existing leases, mortgages, chattel mortgages, and security interests determined by the receiver to be valid;  (12) Shall remedy violations of federal and state rules and regulations governing the operation of the facility;  (13) May close the facility or negotiate with the owners for the sale of the facility upon approval of the court;  (14) Shall give each resident of the facility and the family representative of each resident notice of the receivership;  (15)  (A) May hire consultants or undertake any studies of the facility he or she deems appropriate.  (B) Any expenditure under this subdivision (15) in excess of three thousand dollars ($3,000) shall be approved by the court.  (C) Consultants excludes the owner, licensee, administrator, persons affiliated with the facility, persons with a financial interest in the facility, and persons who have owned or operated a facility that has been ordered into receivership unless approved by the court; and    (16) Shall file reports concerning the receivership and expenditures with the court in such frequency as the court deems appropriate and shall forward a copy of each report to the owner and administrator or licensee of the facility.  
 (a) The circuit court shall set a reasonable compensation to include salary and reasonable expenses for the receiver to be paid as a necessary expense of the facility under the receivership. Reasonable expenses may include charges for a liability insurance policy covering negligence of the receiver and employees of the facility for the duration of the receivership.  (b) If the receiver does not have sufficient funds to pay the salary from the revenues of the facility, the receiver may petition the court for permission to file a claim with the Department of Human Services for payment from the Long-Term Care Facility Receivership Fund Account as established in  20-10-916.  
 (a) The receiver shall be appointed for an initial period of not more than six (6) months.  (b) The initial six-month period may be extended for an additional period of ninety (90) days with approval of the circuit court upon a showing of good cause.  
 The circuit court may require a receiver to post a bond, which may include provision for costs and attorney's fees, upon breach of fiduciary duty. 
 (a) No person or court of this state shall impede the operation of a receivership created under this subchapter.  (b) For a sixty-day period subsequent to the appointment of a receiver, there shall be an automatic stay of any action that would interfere with the functioning of the facility, including, but not limited to, cancellation of insurance policies executed by the licensee, termination of utility services, executions, attachments or setoffs, and repossession of equipment used in the facility.  
 Within thirty (30) days after termination, the receiver shall file with the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership. 
 (a)  (1) In lieu of bringing an action under this subchapter, the Department of Human Services, in its sole discretion, may place a designated employee from the department to act as monitor in the facility when any of the grounds for receivership exists in a facility.  (2) The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with the state and federal rules and regulations, and report periodically to the department on the operation of the facility.  (3) A monitor shall remain in a facility not to exceed sixty (60) days.    (b) At the end of the monitoring period, if the department determines that insufficient progress has been made by the facility for elimination of the grounds for appointment of a receivership, the department may proceed for appointment of a receivership upon the grounds which existed at the time of placement of the monitor in the facility.  (c) The department may promulgate any rules as necessary to implement this section.  
 (a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund account to be known as the Long-Term Care Facility Receivership Fund Account of the Department of Human Services Fund. The Long-Term Care Facility Receivership Fund Account shall consist of general revenues and such other funds as may be provided by law.  (b) The Long-Term Care Facility Receivership Fund Account established in this section shall be administered and disbursed under the direction of the Secretary of the Department of Human Services for the purpose of paying the expenses of receivers appointed under this subchapter.  (c) No money shall be expended from the Long-Term Care Facility Receivership Fund Account for any purpose except when the funds generated by a long-term care facility in this state are found to be insufficient by a court of law to pay the reasonable expenses of a receiver after all other operating expenses of the facility have been paid from the facility's revenue.  (d) Any balance remaining in the Long-Term Care Facility Receivership Fund Account at the close of each fiscal year shall be retained in the Long-Term Care Facility Receivership Fund Account to be available for the same purposes.  (e) Beginning July 1, 1991, and each July 1 of an odd-numbered year thereafter, the Treasurer of State shall transfer from the General Revenue Fund Account of the State Apportionment Fund to the Long-Term Care Facility Receivership Fund Account an amount sufficient to maintain a fund balance of one hundred thousand dollars ($100,000).  
 (a) The General Assembly is cognizant of an extreme shortage in the rural areas of this state of obstetricians, gynecologists, general pediatricians, general internists, and family practice physicians.  (b)  (1) The providing of incentives to attract and encourage obstetricians, gynecologists, general pediatricians, general internists, and family practice physicians to establish their practices within a rural area of this state is essential to the protection of the public health, welfare, and safety of the people of this state.  (2) By providing a source of low-interest funds, the State of Arkansas can offer incentives to obstetricians, gynecologists, general pediatricians, general internists, and family practice physicians to establish medical clinics in rural areas to meet the medical needs of thousands of citizens of this state.    (c) The procedures set forth in this subchapter to provide loans to these medical practitioners in rural areas for the establishment of medical clinics are deemed to be in the public interest and essential to the preservation of the public health and safety in rural areas.  
 As used in this subchapter:   (1) [Repealed.]  (2) [Repealed.]  (3) Rural area means any city, town, or other area having a population of fifteen thousand (15,000) inhabitants or less according to the 1990 Federal Decennial Census. The census from federal or state penal institutions, federal or state human service institutions, institutions of higher education, or any similar facility shall not be included in the census figure when defining a city, town, or other area under this subchapter; and  (4) Rural medical clinic loans means loans in sums not to exceed one hundred fifty thousand dollars ($150,000) in the aggregate, to be used exclusively for land acquisition or for the construction, reconstruction, repair, or expansion of a building to be used as a medical clinic in a rural area and the acquisition and installation of equipment therein.  
 (a)  (1) There is established on the books of the Treasurer of State, the Chief Fiscal Officer of the State, and the Auditor of State, a fund to be known as the Rural Medical Clinic Revolving Loan Fund, which shall consist of moneys provided by law to be used solely and exclusively for the making of loans by the State Board of Finance, upon application therefor, for the construction and equipping of rural medical clinics in rural areas of this state.  (2) Loans for any one (1) medical practitioner or for the same rural medical clinic shall not exceed in the aggregate the sum of one hundred fifty thousand dollars ($150,000).  (3) Loans shall be at five percent (5%) interest annually and shall not be for a period of more than ten (10) years.    (b) Before the loan may be made, the State Board of Finance shall determine:  (1) That the rural community in which the rural medical clinic is to be established through a loan made under this subchapter does not have adequate medical services available in the rural community;  (2) That the land, building, and equipment to be acquired, constructed, or renovated through the use of the loan funds are needed to meet the medical needs of the community in which it is to be established;  (3) That the medical practitioners seeking the loan have entered into an agreement with the State Board of Finance, which shall be a part of the loan application and agreement, if approved, to engage in medical practice in the rural medical clinic for the period for which the loan is applied; and  (4) That, if there are not adequate funds available to make loans for rural medical clinics applying for the loans, the State Board of Finance shall make the loans to those rural medical clinics which, in the opinion of the State Board of Finance, will meet the more critical rural medical needs of this state.    (c) Loans made under this subchapter shall be secured by a first lien mortgage on the lands and buildings to be acquired, constructed, or improved and upon the equipment to be installed therein to be used as a medical clinic in the rural area of this state.  (d) If any person obtaining a loan under this subchapter shall be delinquent in making two (2) payments due under the terms of the loan or shall cease to use the property or equipment for which the loan was provided as a medical clinic, the entire unpaid balance of the loan and all unpaid interest thereon shall be due and payable upon a determination of the facts by a court of competent jurisdiction.  (e) The State Board of Finance may make such reasonable rules and prescribe such forms and procedures as are deemed appropriate to enable it to enforce this subchapter.  (f) In addition to such criteria as are established by the State Board of Finance, the State Board of Health may establish through rules promulgated by the Department of Health criteria to implement the following requirements:  (1) That a person with an already established practice will not be considered an eligible applicant except under extreme circumstances threatening the continuance of his or her service to the rural community;  (2) That the applicant shall serve a proportionate amount of Medicaid patients for the rural community;  (3) That the applicant shall demonstrate a willingness to work within the existing healthcare system;  (4) That the applicant shall practice a minimum of thirty-two (32) hours a week; and  (5) That no applicant with professional income guarantees from other sources shall be approved under this program.    (g) The department shall develop criteria for evaluating medically underserved areas, which shall include, but not be limited to:  (1) Infant mortality rate;  (2) Poverty population percentage;  (3) Population-to-primary-care-physician ratio; and  (4) Teenage pregnancy rate.    
 This subchapter shall be known as the Rural Health Services Revolving Fund Act. 
 (a) It shall be the responsibility of the Department of Health to promulgate all rules for making application for the matching funds required by this subchapter.  (b) It shall be further the responsibility of the department to review all applications and approve those that shall be eligible for moneys under the provisions of this subchapter and as may otherwise be provided by law.  
 There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a fund to be known as the Rural Health Services Revolving Fund. 
 (a)  (1) Funds requested by authority of this subchapter shall be matched on a cash basis of fifty to fifty (50:50) by the applicant.  (2) Applicants who have completed a community health needs assessment shall be eligible to match funds requested by authority of this subchapter on a cash basis of twenty-five to seventy-five (25:75) by the applicant.    (b) The state portion shall at no time exceed two hundred thousand dollars ($200,000) per county, local, commercial, or nonprofit operation.  (c) This match requirement does not apply to funds used by the Department of Health to administer the Rural Health Services Revolving Fund.  
 (a) It is the purpose and intent of this subchapter to establish a program of financial assistance to encourage physicians to locate in and remain in the practice of primary care medicine in communities of the state that have a population of not more than fifteen thousand (15,000) persons. It is the intent of the General Assembly that physicians who locate for a minimum of four (4) years in and carry on a full-time practice of family medicine in a priority medically underserved area as defined by the Division of Health Facilities Services of the Department of Health after July 1, 1999, shall be entitled to receive grants totalling fifty-five thousand dollars ($55,000) to be paid out over four (4) years. The first payment of twenty-five thousand dollars ($25,000) shall be made when a practice is established by the physician in the community and patients are being seen in the office. The second, third, and fourth payments of ten thousand dollars ($10,000) each shall be made after completion of each continuous year of service.  (b) It is further the intent of this subchapter that individuals who were assisted by the Arkansas Rural Medical Practice Student Loan and Scholarship Program or the Community Match Loan and Rural Physician Recruitment Program are also eligible for benefits under this program.  
 The program established in this subchapter shall be administered by the Department of Health. The department shall:   (1) Accept applications for grants under this subchapter;  (2) Determine the eligibility of applicants and grant or deny such grants from any funds available;  (3) Adopt and enforce appropriate rules regarding forms to be used by applicants for grants, and eligibility of applicants, and such other rules as the department deems necessary or appropriate to carry out the purposes and intent of this subchapter and to prevent abuse of the program provided for in this subchapter; and  (4) Develop criteria for evaluating medically underserved areas, which shall include, but not be limited to:  (A) Infant mortality rate;  (B) Poverty population percentage;  (C) Population-to-primary-care-physician ratio; and  (D) Teenage pregnancy rate.    
 (a)  (1) Any person licensed to practice medicine in this state who subsequent to July 1, 1999, establishes a full-time practice of family medicine in a community in Arkansas having a population of not more than fifteen thousand (15,000) persons as set forth in  20-12-501, when that community is identified by the Department of Health as medically underserved shall be eligible to make application for a grant under this subchapter in an amount described under  20-12-501.  (2) Grants shall be awarded on the basis of available funds, with priority given to rural communities having the greatest need.  (3) Grant recipients shall enter into a contract to serve a proportionate number of Medicaid patients for the community, agree to work within the existing healthcare system, and practice a minimum of thirty-two (32) hours a week.    (b)  (1) The department shall enter into a grant agreement with the recipient of a Rural Physician Incentive Grant.  (2) Each applicant to whom a grant is awarded shall execute a written grant agreement which shall incorporate the following obligations and conditions:  (A) The recipient of a grant shall commit to provide four (4) continuous years of primary care services in accordance with  20-12-501;  (B)  (i) If any grant recipient under this subchapter does not engage in the practice of primary care services in accordance with the terms of this section, the recipient shall be obligated to repay the grant received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per year, whichever is less, the interest to accrue from the date each payment of funds was received by the recipient.  (ii) No interest shall accrue nor obligation to repay the principal sums accrued during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces; and    (C) Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events:  (i) Failure to remain in the originating rural community for four (4) continuous years for any reason other than temporary personal illness; and  (ii) Failure to practice primary care on a regularly sustained basis as defined in  20-12-501(a).        (c) Persons accepted into and participating in the Rural Physician Incentive Grant Program before July 1, 1999, will be eligible to complete the program under the payment system established when they entered the program.  
 It is the purpose and intent of this subchapter to establish a program of financial assistance to encourage primary care physicians to accept full-time faculty positions in a University of Arkansas for Medical Sciences area health education center community or at the Department of Family and Preventive Medicine within the University of Arkansas for Medical Sciences. 
 (a) Board-eligible or board-certified family physicians and board-eligible or board-certified general pediatricians who join the full-time faculty at one (1) of the University of Arkansas for Medical Sciences area health education center family practice residency program training sites or at the Department of Family and Preventive Medicine within the University of Arkansas for Medical Sciences shall be eligible to receive financial assistance under this subchapter.  (b)  (1) The University of Arkansas for Medical Sciences may provide financial assistance to eligible individuals for the repayment of medical student loans or personal loans made to or on behalf of a medical student.  (2) The amount of the financial assistance shall not exceed twelve thousand dollars ($12,000) per year for each year of service.  (3) An individual shall not be eligible for assistance for more than four (4) years.    (c) If the loan is from the Rural Medical Practice Student Loan and Scholarship Program, the financial assistance shall be paid directly to the University of Arkansas for Medical Sciences and credited to the repayment of the loan.  
 (a) Financial assistance under this subchapter shall be made by the University of Arkansas for Medical Sciences.  (b) The University of Arkansas for Medical Sciences shall adopt reasonable rules for the administration of this subchapter.  
 (a) This section shall be known as the Emergency Medical Services Revolving Fund Act.  (b) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be designated the Emergency Medical Services Revolving Fund.  (c)  (1) It shall be the responsibility of the Division of Emergency Medical Services of the Department of Health to promulgate all rules for making application for the matching funds.  (2) It shall be the further responsibility of the Department of Health to review all applications and approve those that shall be eligible for moneys under the provisions of this section and as may otherwise be provided by law.    (d)  (1) Funds requested by authority of this section shall be matched on a cash basis of fifty to fifty (50:50) by the applicant.  (2) The state portion shall at no time exceed ten thousand dollars ($10,000) per county, local, commercial, or nonprofit operation, except that this limitation shall not apply when any county levies a motor vehicle tax to finance ambulance services as authorized by  26-78-101 et seq.    (e) All moneys deposited into this fund pursuant to  20-13-211 shall be used by the department for the following purposes:  (1) Certification processing for emergency medical technicians;  (2) Travel expenses related to the onsite administration of practical and written examinations of emergency medical technicians;  (3) Maintenance of the emergency medical technician certification software program;  (4) Educational programs for emergency medical technicians;  (5) Continuing maintenance of the required EMT-Instructor certification for agency personnel; and  (6) Other purposes consistent with this section.    
 (a) It is unlawful for any person to practice or profess to be emergency medical services personnel or to use the initials EMT, Advanced EMT, Paramedic, EMS-Instructor, EMS Instructor Trainer, or any other letters, words, abbreviations, or insignia indicating that he or she is emergency medical services personnel without first having obtained from the Department of Health a license authorizing the person to practice emergency medical services in this state.  (b) However, this section does not prohibit any person licensed under any other act in this state from engaging in the practice for which he or she is licensed nor prevent students who are enrolled in accredited EMT, Advanced EMT, Paramedic, EMS-Instructor, or EMS Instructor Trainer education programs from performing acts of emergency medical services incidental to their courses of study.  
 (a) Grant requests for funds from the EMS Enhancement Revolving Fund shall be reviewed by the Emergency Medical Services Advisory Council specified in  20-13-205 and recommendations for recipients of grant funds made to the Division of Emergency Medical Services of the Department of Health.  (b)  (1) The grant funds shall be evenly divided between the public, private, and volunteer sectors.  (2) For the purposes of this subsection, the public sector shall include only those applicants having paid employees.    (c) The grant funds may be used to purchase or fund:  (1)  (A) Ambulances for use in providing emergency medical services to the residents of Arkansas.  (B) Ambulances purchased with these funds shall meet the standards for and be registered at the I-A level or a higher level by the division;    (2)  (A) Rescue vehicles for use in providing advanced life support or basic life support emergency care.  (B) Any vehicle purchased for advanced life support shall meet the standards for and be registered at the advanced rescue level by the division;    (3) Equipment required on ambulances or required to provide advanced life support or basic life support rescue services;  (4)  (A) Training that leads to Arkansas licensure as emergency medical services personnel at the basic or advanced levels.  (B) Failure to obtain licensure shall result in the repayment of funds by the grantee; or    (5) Emergency medical services-related training approved by the division.    (d)  (1) The funds may only be used to improve services by increasing the capability and skills of emergency medical services.  (2) Funds may not be used to maintain present status, pay salaries or daily operating expenses, contract for services, or purchase real property.    (e) The funds may not be used for new services at a lower level than an existing licensed service which has been in operation for more than one (1) year in the service area.  (f)  (1) All property purchased with the funds shall be returned to the division if the licensed ambulance service ceases operations.  (2) The division shall make every effort to redistribute returned property and supplies to the replacement service or other eligible existing services within the same county.  (3) Should no eligible service exist or another eligible service not be established in the county within one (l) year, all purchases shall be redistributed by the division as needed.    (g)  (1) Any vehicle or equipment purchased with these funds shall be used for its intended purpose for at least three (3) years from its date of purchase.  (2) Vehicles or equipment damaged or worn out within the three-year period shall be replaced with a like or better item at the grantee's expense.    
 (a) As used in this section, first responders means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies.  (b) The Arkansas Commission on Law Enforcement Standards and Training may certify training for law enforcement officers for approved methods and techniques on the use of mechanical and other tourniquets as recommended by the Committee on Tactical Combat Casualty Care or the Committee for Tactical Emergency Casualty Care, or both.  (c) A law enforcement officer and a first responder are immune from civil liability, criminal liability, or professional sanctions for administering a mechanical tourniquet or other tourniquet under this section if he or she is acting in good faith.  
 (a) No person shall furnish, operate, maintain, conduct, advertise, or in any way engage in or profess to engage in the business of providing emergency transport of patients upon the streets and highways of Arkansas unless that person holds a valid ambulance service license or provisional ambulance service license issued by the Department of Health.  (b) This section shall not operate to alter the application of the Good Samaritan Law,  17-95-101.  
 (a)  (1) An application for the issuance or renewal of an ambulance service license or a provisional ambulance service license shall be made on forms provided by the Department of Health and shall be accompanied by any fee as required by law or by rules promulgated by the department.  (2) Each license shall be renewed annually.    (b) Each licensee shall be issued a service license in one (1) of the classifications set forth by the department.  (c) The department shall promulgate rules for the licensure and renewal of an ambulance service license.  
 (a)  (1)  (A) A licensee under this subchapter may transport any patient to the care facility of the patient's choice subject to service area limitations, applicable federal law, and the licensee's local protocol.  (B) If the patient is unable to make a choice and if the attending physician is present and has expressed a choice of care facility, the licensee may comply with the attending physician's choice subject to service area limitations and applicable federal law.  (C) If the patient is unable to make a choice and the attending physician is not present or has not expressed a choice of facility, the licensee may, subject to applicable federal law, transport the patient to the nearest appropriate care facility.    (2) The licensee shall provide the care facility where the patient was transported with a copy of an ambulance service encounter form prescribed by the Department of Health, which shall become a part of the patient's medical records.    (b) Each licensee shall report in a format approved by the department every request that results in the dispatch of a vehicle.  (c)  (1) Each licensee shall have in force and effect liability insurance coverage issued by an insurance company licensed to do business in the State of Arkansas for each vehicle owned and operated by or for the applicant or licensee.  (2) The department shall maintain evidence of proof of current liability insurance coverage for each vehicle of each licensee.    
 (a) An ambulance service shall not in any way advertise to the general public the service areas, skills, procedures, or personnel certification levels which it cannot provide on every emergency request, twenty-four (24) hours a day, seven (7) days a week.  (b) The service area shall be clearly identified in writing and shall be on file with the Department of Health.  
 Three (3) formal citations during the license term for failure to comply with this subchapter and any rules promulgated by the Department of Health in regard to ambulance services shall result in revocation of the ambulance service license. 
 In mass casualty incidents, which overwhelm the region's available resources, the Department of Health shall promulgate rules which establish procedures for the transportation of patients by ambulances. 
 As used in this subchapter:   (1) Applicant means any individual seeking Arkansas emergency medical services personnel licensure or relicensure;  (2) Bureau means the Identification Bureau of the Division of Arkansas State Police;  (3) Care means treatment, services, assistance, education, training, instruction, or supervision in the prehospital emergency medical systems environment;  (4) Division of Emergency Medical Services means the organization within the Department of Health responsible for the enforcement of emergency medical services legislation within the State of Arkansas;  (5) Emergency medical services personnel means the individual who has been licensed as an EMT, Advanced EMT, or paramedic and who may perform those services equivalent to level of licensure;  (6) Emergency medical services system means the transportation and medical care provided to the ill or injured before arrival at a medical facility by a licensed emergency medical services personnel or other healthcare provider and the continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;  (7) Index means the database maintained by the Identification Bureau of the Division of Arkansas State Police of criminal records checks that have been conducted on applicants for emergency medical services personnel licensure and relicensure;  (8) Licensing agency means the government agency charged with licensing the qualified individual to provide prehospital care;  (9) Licensure means the official acknowledgment by the department that an individual has demonstrated competence to perform the emergency medical services required for licensure under the rules and standards adopted by the State Board of Health upon recommendation by the Emergency Medical Services Advisory Council;  (10) National criminal history check means a review of national criminal records maintained by the Federal Bureau of Investigation based on fingerprint identification or other positive identification methods;  (11) Relicensure means the official acknowledgment by the Division of Emergency Medical Services that an individual has demonstrated competence to perform the emergency medical services required for relicensure under Arkansas EMS Rules;  (12) Report means a statement of the criminal history of an applicant issued by the Identification Bureau of the Division of Arkansas State Police; and  (13) State criminal history check means a review of state criminal records conducted by the Identification Bureau of the Division of Arkansas State Police using the Arkansas Crime Information Center.  
 (a)  (1) Any applicant applying for initial licensure shall complete a criminal history check form and shall request the Identification Bureau of the Department of Arkansas State Police to conduct a state or national criminal history check, or both, on the applicant.  (2) The applicant shall pay all appropriate fees for the state or national criminal history check, or both, as set forth by the bureau.  (3) The applicant shall attach the criminal history check form to the Arkansas emergency medical services personnel licensure application.    (b) The Division of Emergency Medical Services of the Department of Health shall conduct a state or national criminal history check, or both, on the applicant and determine whether the applicant is disqualified from licensure based on the report of the applicant's criminal history and forward its determination to the applicant directly.  
 (a) A request for a state or national criminal history check, or both, on a person shall include a completed form as required by the Identification Bureau of the Department of Arkansas State Police.  (b) If an applicant is requesting initial Arkansas emergency medical services personnel licensure and can provide proof of continuous residency in the State of Arkansas for the past five (5) years, then the applicant shall be required to have only a state criminal history check completed.  (c) If an applicant is requesting initial Arkansas emergency medical services personnel licensure and is from another state or if the applicant cannot provide proof of continuous residency in the State of Arkansas for the past five (5) years, the applicant shall be required to have both a state and a national criminal history check completed.  
 The Division of Emergency Medical Services of the Department of Health shall maintain on file for a period of three (3) years, subject to inspection by the Arkansas Crime Information Center or the Identification Bureau of the Department of Arkansas State Police, a copy of each criminal history check completed by all applicants requesting state licensure. 
 (a)  (1) Except as provided in subdivision (d)(1) of this section, the Division of Emergency Medical Services of the Department of Health shall issue a determination that a person is disqualified from certification or recertification if the person has been found guilty of or has pleaded guilty or nolo contendere to any of the offenses listed in this subdivision (a)(1), including offenses for which the record has been expunged:  (A) Capital murder as prohibited in  5-10-101;  (B) Murder in the first degree as prohibited in  5-10-102 and murder in the second degree as prohibited in  5-10-103;  (C) Manslaughter as prohibited in  5-10-104;  (D) Negligent homicide as prohibited in  5-10-105;  (E) Kidnapping as prohibited in  5-11-102;  (F) False imprisonment in the first degree as prohibited in  5-11-103;  (G) Permanent detention or restraint as prohibited in  5-11-106;  (H) Robbery as prohibited in  5-12-102;  (I) Aggravated robbery as prohibited in  5-12-103;  (J) Battery in the first degree as prohibited in  5-13-201;  (K) Aggravated assault as prohibited in  5-13-204;  (L) Introduction of a controlled substance into the body of another person as prohibited in  5-13-210;  (M) Terroristic threatening in the first degree as prohibited in  5-13-301(a);  (N) Rape as prohibited in  5-14-103;  (O) Sexual indecency with a child as prohibited in  5-14-110;  (P) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in  5-14-124  5-14-127;  (Q) Incest as prohibited in  5-26-202;  (R) Offenses against the family as prohibited in  5-26-303  5-26-306;  (S) Endangering the welfare of an incompetent person in the first degree as prohibited in  5-27-201;  (T) Endangering the welfare of a minor in the first degree as prohibited in  5-27-205;  (U) Permitting child abuse as prohibited in  5-27-221(a);  (V) Engaging children in sexually explicit conduct for use in a visual or print medium, transportation of minors for prohibited sexual conduct, pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child as prohibited in  5-27-303  5-27-305, 5-27-402, and 5-27-403;  (W) Felony adult abuse as prohibited in  5-28-103;  (X) Theft of property as prohibited in  5-36-103;  (Y) Theft by receiving as prohibited in  5-36-106;  (Z) Arson as prohibited in  5-38-301;  (i) The former  5-64-401; and  (ii) Sections 5-64-419  5-64-442;      (2)  (A) However, the division shall forward a request for a waiver to the Secretary of the Department of Health on all applicants who have been convicted of the crimes in subdivision (a)(1) of this section if five (5) years have passed since the conviction, if five (5) years have passed since release from custodial confinement, or if the applicants are currently certified emergency medical technicians, prior to making the final determination on certification or recertification.  (B) These individuals will not be suspended prior to the secretary's making the final determination.      (b) An applicant shall not be disqualified from certification or recertification when the applicant has been found guilty of or has pleaded guilty or nolo contendere to a misdemeanor if the offense:  (1) Did not involve exploitation of an adult, abuse of a person, neglect of a person, or sexual contact; or  (2) Was not committed while performing the duties of an emergency medical technician.    (c)  (1) The provisions of this section may be waived by the Department of Health upon written request by the person who is the subject of the criminal history check.  (2) The written request for waiver shall be mailed to the secretary within fifteen (15) calendar days after receipt of the determination by the department.  (3) Factors to be considered before granting a waiver shall include, but not be limited to:  (A) The age at which the crime was committed;  (B) The circumstances surrounding the crime;  (C) The length of time since the adjudication of guilt;  (D) The person's subsequent work history;  (E) The person's employment references;  (F) The person's character references; and  (G) Any other evidence demonstrating that the person does not pose a threat to the health or safety of persons to be cared for.      (d)  (1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (a) of this section shall not be considered a conviction, guilty plea, or nolo contendere plea to the offense unless the offense is also listed in subdivision (d)(2) of this section.  (2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following shall result in permanent disqualification:  (A) Capital murder as prohibited in  5-10-101;  (B) Murder in the first degree as prohibited in  5-10-102 and murder in the second degree as prohibited in  5-10-103;  (C) Kidnapping as prohibited in  5-11-102;  (D) Rape as prohibited in  5-14-103;  (E) Sexual assault in the first degree as prohibited in  5-14-124 and sexual assault in the second degree as prohibited in  5-14-125;  (F) Endangering the welfare of a minor in the first degree as prohibited in  5-27-205 and endangering the welfare of a minor in the second degree as prohibited in  5-27-206;  (G) Incest as prohibited in  5-26-202;  (H) Arson as prohibited in  5-38-301;  (I) Endangering the welfare of an incompetent person in the first degree as prohibited in  5-27-201;  (J) Adult abuse that constitutes a felony as prohibited in  5-28-103;  (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in  5-13-211, if a Class Y felony; and  (L) Sexual extortion as prohibited in  5-14-113.        (AA) Burglary as prohibited in  5-39-201;   (BB) Felony violation of the Uniform Controlled Substances Act,  5-64-101 et seq., as prohibited in:   (CC) Promotion of prostitution in the first degree as prohibited in  5-70-104;   (DD) Stalking as prohibited in  5-71-229;   (EE) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy as prohibited in  5-3-201, 5-3-202, 5-3-301, and 5-3-401 to commit any of the offenses listed in this subsection;   (FF) Driving or boating while intoxicated, as prohibited in  5-65-103, that is a:    (i)  Felony; and    (ii)  Fourth or subsequent offense;   (GG) Computer child pornography as prohibited in  5-27-603;   (HH) Computer exploitation of a child in the first degree as prohibited in  5-27-605;   (II) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in  5-13-211, if a Class Y felony; and   (JJ) Sexual extortion as prohibited in  5-14-113. 
 (a) A person may challenge the completeness or accuracy of criminal history information pursuant to  12-12-1013.  (b) The Division of Emergency Medical Services of the Department of Health shall follow the established procedures for applicants to challenge determinations in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., as stated in the current EMS Rules.  
 The Division of Emergency Medical Services of the Department of Health maintains the right to conduct additional criminal history checks at the cost of the division on applicants or Arkansas-licensed emergency medical services personnel under investigation for violation of current emergency medical services laws or rules. 
 (a) The Identification Bureau of the Department of Arkansas State Police shall maintain an index of the results of each applicant's criminal history check.  (b) The Division of Emergency Medical Services of the Department of Health shall develop forms that are approved by the bureau to be used for criminal history checks conducted under this subchapter.  (c) The division shall develop and maintain a database of determinations regarding applicants.  
 (a) If an applicant fails or refuses to cooperate in obtaining criminal history checks, such circumstances shall be grounds to deny or revoke the applicant's certification.  (b) Any applicant failing to comply with this subchapter shall be denied certification or recertification until such time compliance is made with this subchapter.  
 Arkansas-licensed emergency medical services personnel shall notify the Division of Emergency Medical Services of the Department of Health of any conviction of or plea of guilty or nolo contendere to any offenses listed in  20-13-1106(a) within ten (10) calendar days after the conviction or guilty plea or plea of nolo contendere. 
 The Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, and the Division of Emergency Medical Services of the Department of Health shall cooperate to prepare forms and promulgate consistent rules as necessary to implement this subchapter. 
 (a) All criminal history checks obtained under this subchapter are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, the Division of Emergency Medical Services of the Department of Health, and the person who is the subject of the report.  (b) The information contained in criminal history checks shall not be released or otherwise disclosed to any other person or agency except by court order and is specifically exempt from disclosure under the Freedom of Information Act of 1967,  25-19-101 et seq., except that the division shall furnish determinations to qualified entities.  
 Individuals are immune from suit or liability for damages for acts or omissions other than malicious acts or omissions occurring in the performance of duties imposed by this subchapter. 
 This subchapter shall not apply to persons who render care subject to professional licenses obtained pursuant to:   (1) Section 17-27-101 et seq., regarding licensed professional counselors;  (2) The Social Work Licensing Act,  17-103-101 et seq., regarding social workers;  (3) The Arkansas Dental Practice Act,  17-82-101 et seq., regarding dentists;  (4) Section 17-87-101 et seq., regarding nurses;  (5) The Arkansas Occupational Therapy Practice Act,  17-88-101 et seq., regarding occupational therapists;  (6) Section 17-92-101 et seq., regarding pharmacists;  (7) The Arkansas Physical Therapy Act,  17-93-101 et seq., regarding physical therapists;  (8) Section 17-95-101 et seq., regarding physicians and surgeons;  (9) Section 17-96-101 et seq., regarding podiatrists;  (10) Section 17-97-101 et seq., regarding psychologists and psychological examiners;  (11) The Licensure Act of Speech-Language Pathologists and Audiologists,  17-100-101 et seq., regarding speech-language pathologists and audiologists; or  (12) Section 20-10-401 et seq., regarding nursing home administrators.  
 As used in this subchapter:   (1) Bioterrorism means the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product to cause or attempt to cause death, disease, or other biological malfunction in any living organism;  (2) [Repealed.]  (3) [Repealed.]  (4) Disaster location means any geographical location where a bioterrorism attack, terrorist attack, catastrophic or natural disaster, or other emergency occurs; and  (5) First responders means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies.  
 (a) The Department of Health shall offer a vaccination program for first responders who may be exposed to infectious diseases while deployed to disaster locations.  (b) Participation in the vaccination program shall be voluntary by the first responders, except for first responders who are classified as having occupational exposure to bloodborne pathogens as defined by the Occupational Safety and Health Administration Standard contained in 29 C.F.R.  1910.1030, as in effect on January 1, 2003, who shall be required to take the designated vaccinations or as otherwise required by law.  (c) The department shall notify first responders of the availability of the vaccination program and shall provide first responders with educational materials on ways to prevent exposure to infectious disease.  (d) The department may contract with county and local health departments, not-for-profit home healthcare agencies, hospitals, and physicians to administer a vaccination program for first responders.  (e)  (1) This section shall be effective upon receipt of federal funding or federal grants, or both, for administering a vaccination program for first responders.  (2) Upon receipt of federal funding, the department shall make available the vaccines required for first responders under this section.    
 This subchapter may be cited as the Public Access to Automated External Defibrillation Act. 
 The General Assembly finds that early defibrillation can sustain the life of and temporarily stabilize a person in cardiac arrest, thus helping to preserve the Arkansas family. It is the intent of the General Assembly that the public have access to automated external defibrillators for the purpose of saving the lives of persons in cardiac arrest. 
 As used in this subchapter:   (1) Automated external defibrillator means a device that:  (A) Is used to administer an electric shock through the chest wall to the heart;  (B) Has built-in computers within the device to assess the patient's heart rhythm, judge whether defibrillation is needed, and then administer the shock;  (C) Has audible or visual prompts, or both, to guide the user through the process;  (D) Has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to 21 U.S.C.  360(k);  (E) Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and  (F) Upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual's heart or charges and delivers an electrical impulse at the command of the operator;    (2) Cardiac arrest means a condition, often sudden, that is due to abnormal heart rhythms called arrhythmias. It is generally the result of some underlying form of heart disease;  (3) Cardiopulmonary resuscitation means a combination of rescue breathing and chest compressions and external cardiac massage used to sustain a person's life until advanced assistance arrives;  (4) Defibrillation means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia;  (5) Emergency medical services means the transportation and medical care provided the ill or injured before arrival at a medical facility by a certified emergency medical technician or other healthcare provider and continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;  (6) Person means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not; and  (7) Ventricular fibrillation means the most common arrhythmia that causes cardiac arrest. It is a condition in which the heart's electrical impulses suddenly become chaotic, often without warning, causing the heart's pumping action to stop abruptly.  
 (a) In order to ensure the public health and safety, a person or entity that acquires an automated external defibrillator shall ensure that:  (1) Expected automated external defibrillator users complete appropriate knowledge and skills courses at least one (1) time every two (2) years in cardiopulmonary resuscitation and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing cardiopulmonary resuscitation and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials;  (2) The defibrillator is maintained and tested according to the manufacturer's operational guidelines and instructions; and  (3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency.    (b) Any person or entity that acquires an automated external defibrillator shall notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of automated external defibrillator.  
 (a) Any person or entity that in good faith and without compensation renders emergency care or treatment by the use of an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.  (b) The immunity from civil liability for any personal injury under subsection (a) of this section includes:  (1) A physician or medical facility that is involved with automated external defibrillator placement;  (2) Any person or entity that provides cardiopulmonary resuscitation and automated external defibrillator training to the person or entity acquiring an automated external defibrillator; and  (3) The person or entity responsible for the location where the automated external defibrillator is located or used.    (c) The immunity from civil liability under subsection (a) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.  (d) The requirements of  20-13-1304 do not apply to any individual using an automated external defibrillator in an emergency setting if that individual is acting as a Good Samaritan under the provisions of either  17-95-101 or  17-95-106.  
 (a) As used in this section, health spa means any person, firm, corporation, organization, club, or association engaged in the sale of:  (1) Memberships in a program of physical exercise that includes the use of one (1) or more sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device; or  (2) The right or privilege to use exercise equipment or facilities such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, including, but not limited to:  (A) For-profit businesses, firms, corporations, organizations, clubs, or associations;  (B) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, YWCA USA, Inc., or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;  (C) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate;  (D) Any college or university fitness center;  (E) Any country club; or  (F) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months.      (b)  (1) Each health spa shall have at least one (1) automated external defibrillator on the premises.  (2) The defibrillator shall at all times be placed in the location that best provides accessibility to staff, members, and guests.  (3) At all times during staffed business hours, the spa shall ensure that at least one (1) employee who has completed a knowledge and skills course in operating an automated external defibrillator and in cardiopulmonary resuscitation is assigned to be on duty.  (4) An unstaffed health spa shall have on the premises:  (A) A telephone for 911 telephone call access;  (B) An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member's health and safety; and  (C) In plain view:  (i) A sign indicating the location of the automated external defibrillator; and  (ii) A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.        (c) No cause of action against a health spa or its employees may arise in connection with the use or nonuse of an automated external defibrillator unless the health spa has:  (1) Failed to purchase an automated external defibrillator as required under this section; or  (2) Acted with gross negligence in the use of an automated external defibrillator.    (d) If a health spa does not comply with this section, any contract for health spa services shall be voidable at the option of the buyer.  
 (a) The General Assembly finds that:  (1) One (1) of every six (6) women in the United States will be the victim of a sexual assault;  (2) Forty-four percent (44%) of the victims of a sexual assault are under eighteen (18) years of age, and eighty percent (80%) of the victims of a sexual assault are under thirty (30) years of age;  (3) It is estimated that sixty percent (60%) of all sexual assaults are not reported;  (4) A woman who is the survivor of a sexual assault may face the additional trauma of an unwanted pregnancy or the fear that pregnancy may result;  (5) Each year, between twenty-five thousand (25,000) and thirty-two thousand (32,000) women in the United States become pregnant as a result of sexual assaults, and approximately twenty-two thousand (22,000) of these pregnancies could be prevented if these women used emergency contraception;  (6) Standards of emergency care established by the American College of Emergency Medicine and the American Medical Association require that sexual assault survivors be counseled about their risk of pregnancy and offered emergency contraception;  (7) The National Protocol for Sexual Assault Medical Forensic Examinations issued by the United States Department of Justice Office on Violence Against Women recognizes pregnancy as an often overwhelming and genuine fear among sexual assault survivors and recommends that healthcare providers discuss treatment options with patients, including reproductive health services;  (8) The United States Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to the medication for women over eighteen (18) years of age;  (9) Emergency contraception is designed to prevent pregnancy if taken within one hundred twenty (120) hours after unprotected sexual intercourse, but it is most effective if taken within twenty-four (24) hours after unprotected sexual intercourse;  (10) There are inconsistent policies and practices among Arkansas hospitals for dispensing emergency contraception and providing education to sexual assault survivors; and  (11) Because emergency contraception is time-sensitive and a sexual assault survivor may have delayed seeking hospital treatment, it is critical that she be informed of this option at the time of her treatment.    (b) The purpose of this subchapter is to:  (1) Promote awareness of the availability of emergency contraception for sexual assault survivors as a compassionate response to their traumas; and  (2) Reduce the number of unintended pregnancies and induced abortions that result from sexual assault.    
 As used in this subchapter:   (1)  (A) Emergency contraception means a drug approved by the United States Food and Drug Administration that prevents pregnancy after sexual intercourse, including without limitation oral contraceptive pills.  (B) Emergency contraception does not include RU-486, mifepristone, or any other drug or device that induces a medical abortion; and    (2) Sexual assault survivor means a female who:  (A) Alleges or is alleged to have been the victim of sexual assault or to have been raped; and  (B) Presents as a patient for treatment with regard to the sexual assault or rape.    
 (a) All healthcare facilities that are licensed in this state and provide emergency care to sexual assault survivors shall amend their evidence-collection protocols for the treatment of sexual assault survivors to include informing the survivor in a timely manner of the availability of emergency contraception as a means of pregnancy prophylaxis and educating the sexual assault survivor on the proper use of emergency contraception and the appropriate follow-up care.  (b) This section does not require:  (1) A healthcare professional who is employed by a healthcare facility that provides emergency care to a sexual assault survivor to inform the sexual assault survivor of the availability of emergency contraception if the healthcare professional refuses to provide the information on the basis of religious or moral beliefs; or  (2) A healthcare facility to provide emergency contraception to a sexual assault survivor who is not at risk of becoming pregnant as a result of the sexual assault or who was already pregnant at the time of the sexual assault.    (c) The General Assembly encourages each healthcare facility to provide training to emergency room staff concerning the efficacy of emergency contraception and the time-sensitive nature of the drug.  (d)  (1) Because emergency contraception is time-sensitive and a sexual assault survivor may seek information on or direct access to emergency contraception to prevent an unintended pregnancy resulting from the assault instead of or before seeking hospital treatment, it is critical that a sexual assault survivor has accurate information about the availability and use of emergency contraception.  (2) Therefore, the General Assembly encourages:  (A) An entity offering victim assistance or counseling and rape crisis hotlines to include information concerning the availability and use of emergency contraception; and  (B) A licensed or registered pharmacy in the State of Arkansas to distribute information concerning the availability and use of emergency contraception.      
 As used in this subchapter:   (1) Airborne or blood-borne disease means a potentially life-threatening disease, including without limitation:  (A) Tuberculosis;  (B) Hepatitis C; and  (C) Hepatitis B;    (2) Emergency response worker means:  (A) Paramedics;  (B) Emergency response employees;  (C) Firefighters;  (D) First response workers;  (E) Emergency medical technicians;  (F) Emergency medical services personnel;  (G) Volunteers making an authorized emergency response;  (H) Law enforcement officers and personnel; and  (I) A person rendering services as a Good Samaritan under the Good Samaritan law,  17-95-101;    (3) Healthcare facility means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution; and  (4) Healthcare provider means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind.  
 (a)  (1) Consent is not required for a healthcare provider or healthcare facility to test an individual for an airborne or blood-borne disease when a healthcare provider, an employee of a healthcare facility, or an emergency response worker has a type of contact with an individual that may transmit an airborne or blood-borne disease, as determined by a physician in his or her medical judgment.  (2) The results of the tests authorized under subdivision (a)(1) of this section shall be provided by the physician ordering the tests to the affected healthcare provider's physician or the employee's physician and to the physician of the individual who was tested.    (b)  (1) Notwithstanding any other law to the contrary, a person who performs a test under subsection (a) of this section shall not be subject to civil or criminal liability for doing so.  (2) Notwithstanding any other law to the contrary, a person who discloses a test result in accordance with the provisions of subsection (a) of this section shall not be subject to civil or criminal liability.    
 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) Pre-hospital patients.    
 (a) To be eligible for licensure by the Department of Health under the Division of Emergency Medical Services as a community paramedic, an individual shall:  (1) Be currently licensed as a paramedic;  (2) Have two (2) years of full-time service as a paramedic;  (3) Be actively employed by a licensed paramedic ambulance service; and  (4) Have successfully completed a community paramedic training program from an accredited college or university approved by the Department of Health under the Division of Emergency Services.    (b) The training program for the community paramedic shall consist of a minimum of three hundred (300) hours of classroom and clinical education as follows:  (1) Clinical experience that is provided under the supervision of a community paramedic service medical director, advanced practice registered nurse, physician assistant, or home health nurse; and  (2) Areas of clinical experience, including at a minimum:  (A) Emergency department services;  (B) Home health services;  (C) Hospital case management; and  (D) Public health agencies services.      (c) A community paramedic may provide services as directed by a patient care plan after the plan has been developed or approved, or both, by the patient's physician in conjunction with the community paramedic service's medical director.  (d) An individual is an eligible patient for community paramedic services if the individual has been identified by the individual's treating physician as an individual for whom community paramedic services would likely:  (1) Prevent admission to or allow discharge from a nursing facility; or  (2) Prevent readmission to a hospital or nursing home.    (e) Community paramedic services are limited to:  (1) Coordination of community services;  (2) Chronic disease monitoring and education;  (3) Health assessment;  (4) Hospital discharge follow-up care;  (5) Laboratory specimen collection; and  (6) Medication compliance.    (f) For purposes of relicensure, a community paramedic shall:  (1) Complete an additional fifteen (15) hours of training beyond the relicensure requirements as a paramedic; and  (2) Be active in performing the skills of a community paramedic.    
 (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.  
 This subchapter shall be known and may be cited as the Joshua Ashley-Pauley Act. 
 The General Assembly finds that:   (1) In the United States, drug overdose death rates more than tripled since 1990;  (2) Every day in the United States, one hundred twenty (120) people die as a result of a drug overdose while another six thousand seven hundred forty-eight (6,748) are treated in emergency departments for the misuse or abuse of drugs;  (3) Joshua Ashley-Pauley of Faulkner County died of a drug overdose in May 2014;  (4) Drug overdoses were the leading cause of death in 2012, with drug overdoses causing more deaths among people between twenty-five (25) years of age and sixty-four (64) years of age than motor vehicle traffic crashes;  (5) Overdose reporting legislation, medical amnesty legislation, or 911 Good Samaritan laws have been enacted in fourteen (14) states, including Louisiana, Oklahoma, and Tennessee, and are under consideration in several other states;  (6) In North Carolina, it is believed that at least twenty (20) lives have been saved since passage of similar legislation; and  (7) The State of Arkansas must take steps to combat the increase of drug overdoses in the state and protect the health and safety of its citizens.  
 As used in this subchapter:   (1) Drug overdose means an acute condition resulting from, or that a reasonable person would believe to be resulting from, the consumption or use of alcohol, a controlled substance, or dangerous drug or a combination of alcohol, controlled substance, or dangerous drug by an individual, causing signs, including without limitation:  (A) Extreme physical illness;  (B) Decreased level of consciousness;  (C) Respiratory depression;  (D) Coma;  (E) Mania; or  (F) Death;    (2) Emergency medical services means:  (A) The transportation and medical care provided the ill or injured by licensed emergency medical services personnel or other healthcare providers before arrival at a medical facility; and  (B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;    (3) Medical assistance means aid provided to a person experiencing or believed to be experiencing a drug overdose by a healthcare provider acting within its scope of practice that may provide diagnosis, treatment, or emergency medical services relative to the drug overdose; and  (4) Seeks medical assistance means accesses or assists in accessing the 911 system or otherwise contacts or assists in contacting law enforcement or a poison control center and provides care to a person experiencing or believed to be experiencing a drug overdose.  
 (a) A person shall not be arrested, charged, or prosecuted for possession of a controlled substance in violation of  5-64-419 if the evidence for the arrest, charge, or prosecution of the possession of a controlled substance in violation of  5-64-419 resulted solely from seeking medical assistance if:  (1) The person in good faith seeks medical assistance for another person who is experiencing a drug overdose; or  (2) The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself.    (b) A person shall not be subject to penalties for a violation of a permanent or temporary protective order or restraining order or sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on the possession of a controlled substance in violation of  5-64-419 if the penalties or sanctions are related to the seeking of medical assistance.  
 This subchapter does not limit:   (1) The admissibility of any evidence:  (A) In connection with the investigation or prosecution of a crime with regard to a person who does not meet the requirements of  20-13-1704; or  (B) With regard to other crimes committed by a person who meets the requirements of  20-13-1704;    (2) Any seizure of evidence or contraband otherwise permitted by law; or  (3) The authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in  20-13-1704.  
 This subchapter shall be known and may be cited as the Naloxone Access Act. 
 The General Assembly finds that:   (1) Naloxone is a relatively inexpensive opioid antagonist developed to counter the effects of opiate overdose, specifically the life-threatening depression of the central nervous and respiratory systems;  (2) Naloxone will not adversely affect the human body if the person who receives Naloxone is suffering from an overdose of a drug that is not an opioid;  (3) Naloxone is clinically administered via intramuscular, intravenous, or subcutaneous injection;  (4) Naloxone is administered outside of a clinical setting or facility intranasally via a nasal atomizer, similar to the use of a common, over-the-counter anticongestion nasal spray;  (5) The American Medical Association has supported the lay administration of this lifesaving drug since 2012;  (6) Similar Naloxone access laws have reversed more than ten thousand (10,000) opioid overdoses by lay people in other states;  (7) The American Medical Association has acknowledged that more must be done to prevent these unnecessary opioid overdose fatalities that devastate families and communities;  (8) The National Institutes of Health have found that Naloxone lacks any addictive qualities that could lead to potential abuse and that medical side effects or unintended consequences associated with the drug have not been reported; and  (9) Any administration of Naloxone to an individual experiencing an opioid overdose must be followed by professional medical attention and treatment.  
 As used in this subchapter:   (1) Emergency medical services technician means an individual licensed by the Department of Health at any level established by the rules adopted by the State Board of Health under  20-13-301 et seq. and authorized to perform emergency medical services, including without limitation an EMT, Advanced EMT, paramedic, EMS Instructor, or EMS Instructor Trainer;  (2) First responders means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies;  (3) Harm reduction organization means an organization that provides direct assistance and services such as syringe exchanges, counseling, homeless services, advocacy, and drug treatment and screening to individuals at risk of experiencing a drug overdose;  (4) Healthcare professional means a person or entity that is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession or as a function of an entity's administration of the practice of medicine;  (5) Opioid means a drug or medication that relieves pain, including without limitation:  (A) Hydrocodone;  (B) Oxycodone;  (C) Morphine;  (D) Codeine;  (E) Heroin; and  (F) Fentanyl;    (6) Opioid antagonist means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on the receptors and that is approved by the United States Food and Drug Administration for the treatment of an opioid-related drug overdose; and  (7) Opioid-related drug overdose means an acute condition resulting from, or that a reasonable person would believe to be resulting from, the consumption or use of an opioid or another substance with which an opioid was combined by an individual with signs and symptoms that include without limitation:  (A) Extreme physical illness;  (B) Decreased level of consciousness;  (C) Respiratory depression;  (D) Coma;  (E) Mania; or  (F) Death.    
 (a) A healthcare professional acting in good faith may directly or by standing order prescribe and dispense an opioid antagonist to:  (1) A person at risk of experiencing an opioid-related drug overdose;  (2) A pain management clinic;  (3) A harm reduction organization;  (4) An emergency medical services technician;  (5) A first responder;  (6) A law enforcement officer or agency;  (7) An employee of the State Crime Laboratory; or  (8) A family member or friend of a person at risk of experiencing an opioid-related drug overdose.    (b) A person acting in good faith who reasonably believes that another person is experiencing an opioid-related drug overdose may administer an opioid antagonist that was prescribed and dispensed under section (a) of this section.  (c) The following individuals are immune from civil liability, criminal liability, or professional sanctions for administering, prescribing, or dispensing an opioid antagonist under this section:  (1) A healthcare professional who prescribes an opioid antagonist under subsection (a) of this section;  (2) A healthcare professional or pharmacist who acts in good faith and in compliance with the standard of care that dispenses an opioid antagonist under subsection (a) of this section; and  (3) A person other than a healthcare professional who administers an opioid antagonist under subsection (b) of this section.    
 This subchapter may be cited as the Emergency Medical Services Act. 
 As used in this subchapter:   (1) Air ambulance means an aircraft, fixed or rotary wing, utilized for on-scene responses or transports deemed necessary by a physician and licensed by the Department of Health;  (2) Air ambulance services means those services authorized and licensed by the department to provide care and air transportation of patients;  (3)  (A) Ambulance means a vehicle used for transporting any person by stretcher or gurney upon the streets or highways of Arkansas, excluding vehicles intended solely for personal use by immediate family members.  (B) Ambulance does not include nonemergency transportation vehicles that may accommodate an individual in an upright position or Fowler's position while in a wheelchair without the aid of emergency medical services personnel;    (4) Ambulance services means services authorized and licensed by the department to provide care and transportation of patients upon the streets and highways of Arkansas;  (5) Emergency medical services means:  (A) The transportation and medical care provided the ill or injured before arrival at a medical facility by a licensed emergency medical services personnel or other healthcare provider;  (B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility; and  (C) Integrated medical care in emergency and nonurgent settings with the oversight of a physician;    (6)  (A) Emergency medical services personnel means an individual licensed by the department at any level established by the rules adopted by the State Board of Health under this subchapter and authorized to perform those services set forth in the rules.  (B) These shall include without limitation emergency medical technician, advanced emergency medical technician, paramedic, emergency medical services instructor, or emergency medical services instructor trainer;    (7) Fowler's position means a position in which an individual is in an inclined position with his or her head raised between thirty to ninety degrees (30-90);  (8) Licensure means official acknowledgment by the department that an individual has demonstrated competence to perform the emergency medical services required for licensure under the rules and standards adopted by the board upon recommendation by the Emergency Medical Services Advisory Council;  (9) Medical facility means any hospital, medical clinic, physician's office, nursing home, or other healthcare facility; and  (10) Wheelchair means a chair fitted with wheels that is not height adjustable and that is used by individuals with walking limitations as a result of illness, injury, or disability.  
 (a) All municipal, county, or state-operated rescue services which choose to provide advanced life support skills to the general public but which do not transport patients except in mass casualty incidents shall comply with all rules and standards duly promulgated under this subchapter.  (b) Furthermore, it is the intent of this subchapter that nothing contained in it applies by implication or otherwise to any municipal, county, or state-operated or state-sponsored rescue service which provides basic life support skills to the public in a treat, no transport fashion.  
 Any person violating this subchapter or any rule or order adopted in accordance with this subchapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for a period not to exceed thirty (30) days in the county jail, or by both fine and imprisonment. 
 (a) There is created the Emergency Medical Services Advisory Council, which shall consist of nineteen (19) members with a demonstrated interest in emergency medical services, to be appointed by the Governor as follows:  (1) Four (4) members shall be licensed medical doctors of good professional standing. One (1) member shall be appointed representing each of the following areas:  (A) The Arkansas Chapter of the American College of Emergency Physicians;  (B) The Arkansas Academy of Family Physicians;  (C) The Arkansas Medical Society, Inc.; and  (D) The medical director for a licensed paramedic ambulance service;    (2) One (1) member recommended by the Arkansas Hospital Association, Inc.;  (3) One (1) member who shall be a member of the Arkansas Emergency Department Nurses Association;  (4) One (1) member who shall be a member of, and recommended by, The Arkansas Ambulance Association;  (5) One (1) member who shall be a licensed paramedic;  (6) One (1) member who shall be a licensed EMT;  (7) One (1) member representing fire department-based ambulance services;  (8) One (1) member representing emergency medical services personnel training sites who has had at least five (5) years' experience associated with emergency medical services personnel in this state;  (9) One (1) member who shall be a consumer representative who has an interest in public health and emergency medical services. The member shall be appointed by the Governor from the state at large;  (10) One (1) member who shall be sixty-five (65) years of age or more. This member shall be appointed by the Governor from the state at large and shall not belong to any other group specifically addressed in this section, with the exception of the consumer representative;  (11) One (1) member who shall represent city-based or county-based ambulance services;  (12) One (1) member who shall represent the Arkansas Association of Chiefs of Police or the Arkansas Sheriffs' Association;  (13) One (1) member representing fire service rescue operations which do not transport patients;  (14) One (1) member licensed as an attorney at law in good professional standing within this state and having a knowledge of medical and legal issues;  (15) One (1) member appointed from a list of two (2) nominees submitted by the Arkansas Emergency Medical Technicians Association; and  (16) One (1) member who shall be a certified military emergency medical technician.    (b) Members shall be appointed for terms of five (5) years.  (c) Vacancies on the council due to death, resignation, or other causes shall be filled by appointment by the Governor for the unexpired portion of the term thereof in the same manner as is provided in this section for initial appointments.  (d) Members except those employed by the state may receive expense reimbursement and stipends in accordance with  25-16-901 et seq.  (e) The members may be removed by the Governor for neglect of duty or malfeasance in office.  
 (a) The Emergency Medical Services Advisory Council, within thirty (30) days after its appointment, shall organize as necessary to carry out its purposes as prescribed by this subchapter.  (b) Procedures adopted, amended, or repealed by the council shall require a majority vote of all council members.  (c)  (1) At the initial organizational meeting of the council, the members shall elect from among their number a chair and a vice chair to serve for one (1) year.  (2) Annually thereafter, an organizational meeting shall be held to elect the officers.  (3) The Director of the Division of Emergency Medical Services of the Department of Health shall serve as the Executive Secretary of the Emergency Medical Services Advisory Council.  (4) Seven (7) council members shall constitute a quorum.    (d) Quarterly meetings of the council may be held. Special meetings may be called as provided by the rules of the council.  (e)  (1) The Executive Secretary of the Emergency Medical Services Advisory Council shall keep full and true records of all council proceedings and preserve all books, documents, and papers relating to the business of the council.  (2) The records of the council shall be open for inspection at all reasonable times.    (f)  (1) The council shall report in writing to the Secretary of the Department of Health on or about July 31 of each year.  (2) The report shall contain a summary of the proceedings of the council during the preceding fiscal year, a detailed and itemized statement of all revenue and of all expenditures made by or in behalf of the council, other information deemed necessary or useful, and any additional information which may be requested by the Secretary of the Department of Health.    
 (a) The Emergency Medical Services Advisory Council shall recommend for adoption by the State Board of Health rules on all matters relating to emergency medical services, including without limitation:  (1) Standards for licensure of ambulance and advanced life support rescue personnel;  (2) Standards for equipment required on ambulance and advanced life support rescue vehicles;  (3) Standards for vehicles used in patient transportation and advanced life support rescue response, including communications requirements;  (4) A statewide communications system for emergency medical services;  (5) Operational standards for providers of ambulance and advanced life support rescue services, including reporting requirements and standards for air ambulance and air ambulance services; and  (6) Procedures for summoning and dispatching aid.    (b) The Department of Health shall have evidence that the standards imposed are important to the quality of patient care.  
 (a)  (1) The State Board of Health shall have the responsibility and authority to hold public hearings and promulgate and implement rules and standards which it deems necessary to carry out the provisions of this subchapter.  (2) However, before implementing any rules or standards, the board shall submit and obtain the review of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees.    (b) In addition, the board may establish appropriate rules and standards defining or limiting the emergency medical procedures or services that may be rendered by licensed emergency medical services personnel who are authorized to legally perform these services under the conditions set forth by the board, except that before implementing any rules and standards, the board shall submit and obtain the review of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees.  
 The Department of Health shall have the responsibility and authority to:   (1) Administer this subchapter;  (2) Enforce the rules and standards promulgated by the State Board of Health for the administration and enforcement of this subchapter;  (3) Employ and prescribe the duties of employees as may be necessary to administer this subchapter;  (4) Certify emergency medical services personnel through use of a national competency examination by qualified examiners upon the completion of required curriculum;  (5) Issue and renew operational permits for each ambulance or advanced life support rescue or air ambulance service. However, no permit shall be issued unless each ambulance, advanced life support rescue unit, or air ambulance, when in use as such, conforms with the standards, requirements, and rules as set forth by the board;  (6)  (A) Issue initial and renewal licenses to any qualified applicant that provides emergency medical services or advanced life support rescue services, whether the applicant is an individual, partnership, corporation, or other legal entity, as well as a municipality or other unit of government.  (B) After July 24, 2019, an applicant seeking initial licensure or renewal of licensure shall be certified by the National Registry of Emergency Medical Technicians for the particular emergency medical services personnel license that the applicant is applying for on the state level.  (C) An individual who is licensed as emergency medical services personnel before July 24, 2019, is not required to be certified by the National Registry of Emergency Medical Technicians to renew a license if he or she has never been certified by the National Registry of Emergency Medical Technicians or is not eligible for reinstatement of certification by the National Registry of Emergency Medical Technicians;    (7) Assist area health planning in the establishment and operation of local, municipal, county, or district emergency medical services;  (8) In addition to collecting fees pursuant to  20-13-211, accept public and private gifts, grants, and donations for the purpose of administering this subchapter; and  (9) Engage in the development of dispatching capabilities for emergency ambulance services in this state. The emergency medical services provider shall make a reasonable effort to see that a patient is taken to a physician or hospital of the patient's choice, if within a reasonable distance.  
 (a)  (1) All rules and standards relating to emergency medical services promulgated and adopted by the Emergency Medical Services Advisory Council and the State Board of Health or any other state agency or department authorized to promulgate and adopt rules to carry out this subchapter shall be submitted to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof for consideration before being placed in effect by the department or agency.  (2) No rules or standards promulgated to carry out this subchapter shall be enforced by any state agency or department until they have been:  (A) Submitted to and considered by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor; and  (B) Reviewed and approved by the Legislative Council under  10-3-309.      (b) Rules promulgated by the Emergency Medical Services Advisory Council shall receive approval of the Governor after he or she receives the review and approval of the Legislative Council before effect and enforcement.  
 The State Board of Health may establish the fees to be charged by the Department of Health to defray the cost of administering and enforcing this subchapter, as follows:   (1) The testing fee not to exceed the cost of administering the National Registry of Emergency Medical Technicians examination;  (2)  (A) The licensure fee for emergency medical services personnel, which shall not exceed twenty dollars ($20.00).  (B) Ten dollars ($10.00) of the licensure fee shall be credited to the Emergency Medical Services Revolving Fund.  (C) The licensure shall be valid for two (2) years;    (3) The biennial renewal of the emergency medical services personnel licensure, which shall not exceed twenty dollars ($20.00). Ten dollars ($10.00) of the biennial renewal shall be credited to the Emergency Medical Services Revolving Fund;  (4) The issuance and annual renewal of an operational permit for each ambulance service, which shall not exceed fifty dollars ($50.00);  (5) The annual inspection and permitting of emergency vehicles, which shall not exceed five dollars ($5.00) per vehicle; and  (6) The issuance and renewal of an operational license for each air ambulance service, which shall not exceed one hundred dollars ($100).  
 (a) There is imposed an additional annual fee of one hundred dollars ($100) for the inspection and permitting of ambulances. The fee shall be collected in addition to the fee provided in  20-13-211(5).  (b) There is imposed an annual fee of five hundred dollars ($500) for the issuance or renewal of an operational permit for an ambulance service, advanced life support rescue service, or air ambulance service. The fee required by this subsection shall be in addition to all other requirements for the issuance or renewal of an operational permit and shall be required in each county in which the ambulance service, including air ambulance services, has an operational base.  (c)  (1) The fees established by this section shall be collected by the Department of Health.  (2) The department shall deposit the fees with the Treasurer of State, and the fees shall be credited to the Arkansas Medicaid Program Trust Fund.    
 All ambulances operating in this state shall meet all standards prescribed by and under this subchapter and be licensed under this subchapter, and all personnel operating ambulances in this state shall meet the standards prescribed under this subchapter. 
 (a) Military personnel who return to the State of Arkansas following active duty and who received emergency medical training on active duty shall be granted initial licensure from the Department of Health as emergency medical services personnel under this subchapter, upon proof from the military that the individual received emergency medical training while on active duty.  (b) Military personnel licensed under this section shall pay the fees for biennial renewal of the emergency medical services personnel license required under this subchapter.  
 (a) When a person licensed by the Division of Emergency Medical Services of the Department of Health dies in the course of employment, in recognition of and appreciation for the service of the deceased person, the Department of Health may award one (1) United States flag to the deceased person's spouse or family.  (b) As used in this section, in the course of employment means at any time when a person is:  (1) On duty in the capacity for which he or she is licensed by the department; or  (2) Performing an act ordinarily performed in the capacity for which he or she is licensed by the department, although the person is not on duty at the time.    (c) This section does not limit or deny the right of any person or the person's survivors to any other benefits provided by law.  
 It is the intent of this subchapter to authorize the quorum court in any county to provide emergency medical services for residents of the county or any designated area of the county and to provide for levying service charges upon residents of the area to provide funds for the purchase of equipment, the maintenance and operation of equipment, and the payment for personal services necessary to provide the services. 
 The procedures prescribed in this subchapter for the establishment of an emergency medical services program and the furnishing of emergency medical services shall be supplemental to and shall not be construed to repeal or modify any law presently in existence relating to the furnishing of such services. 
 (a) The quorum court of any county on its own motion or upon petition of ten percent (10%) of the electors of the county or any designated area of the county may establish by ordinance a system to provide emergency medical services to the residents of the county or the designated area.  (b)  (1) When a quorum court proposes to enact an ordinance to provide emergency medical services, whether on its own motion or upon petition of electors, it shall set a date for a public hearing on the question and shall cause notice of the time and place of the hearing to be published in a newspaper of general circulation in the county or in the area proposed to be served.  (2) All interested parties residing in the county or in the designated area shall have an opportunity to appear and be heard either for or against the establishment of the system.  (3) At the next meeting of the quorum court after the hearing, the quorum court may adopt an ordinance establishing the emergency medical services system for the county or the designated area of the county or may refuse to act further on the matter.    (c) If after the hearing the quorum court enacts an ordinance establishing a system, the ordinance shall specifically describe the area to be included within the system, shall describe the services to be provided the residents of the area, and shall specifically state the estimated cost of the services and the proposed method of financing the services, and such other matters as the quorum court deems appropriate to publicly advise residents of the county or the designated area of the purposes and costs of the system established in the ordinance.  
 (a) Within ten (10) days after the enactment of the ordinance, a copy of the ordinance in its entirety shall be published in a newspaper of general circulation in the county or in the designated area.  (b) The ordinance shall be subject to the referendum which may be exercised in the manner prescribed in Arkansas Constitution, Amendment 7, and laws enacted pursuant to Arkansas Constitution, Amendment 7, and the ordinance shall not be effective until the expiration of the time prescribed by the Arkansas Constitution and laws for the filing of referendum petitions.  (c)  (1) If at the expiration of the period for filing referendum petitions no petitions have been filed, the ordinance shall become effective.  (2) If referendum petitions have been filed, the ordinance shall be held in abeyance until the election thereon is conducted and the results determined.    (d)  (1) If at the election a majority of the qualified electors of the county or the designated area voting on the question vote for the ordinance, it shall become effective.  (2) If a majority of the qualified electors voting on the question at the election vote against the ordinance, it shall be deemed rejected and shall have no force or effect.    
 (a) Emergency medical services to be provided the residents of any county or any designated area of the county pursuant to the provisions of this subchapter may be financed by service charges levied in the ordinance establishing the service.  (b)  (1) The service charges may be assessed and collected on a per capita, per household, or per unit of service basis or a combination of any of these, as may be determined by the quorum court, and shall be collected in such manner as may be prescribed by ordinance of the quorum court.  (2) If the quorum court elects by ordinance to have the service charges entered on ad valorem tax notices and collected by the county collector at the time of collecting real and personal property taxes, the collector shall not accept payment of any ad valorem taxes unless the taxpayer at the same time pays any service charges billed to him or her to finance emergency medical services.    (c) All funds derived from the levy of service charges to support the furnishing of emergency medical services in the county or designated area shall be used only for the purposes for which levied, and a separate account shall be maintained in the county treasury in which all funds shall be deposited.  (d)  (1) The funds shall be expended only on appropriation of the quorum court and shall be subject to the same accounting and disbursement procedures and requirements as other county funds.  (2) A quorum court may expend the funds directly to an emergency medical services provider selected for the area without observing the accounting requirements of other county funds if:  (A) The quorum court appropriates the funds for that purpose;  (B) The voters of an emergency medical services district have approved the collection of service charges by placement of those fees on the ad valorem tax notices; and  (C) The quorum court determines by resolution that the annual cost of providing emergency medical services to the district exceeds the annual amount collected as service charges by the placement of the service charges on the ad valorem tax notices.      
 (a) In any county in which a system of emergency medical services has been established before July 20, 1979, the quorum court of the county may levy service charges on residents of the county or designated area of the county in which services are provided to finance or assist in financing the services.  (b) The ordinance levying service charges to finance emergency medical services programs established before July 20, 1979, shall be subject to the same notice and hearing requirements and shall be subject to referendum in the same manner as is provided in this subchapter for the ordinance establishing a system of emergency medical services.  
 (a) The quorum court of any county which has established a system of emergency medical services for the residents of the county or any designated area pursuant to the authority granted in this subchapter may, on its own motion or on petition of a majority of the qualified electors of the county or designated area, discontinue the furnishing of emergency medical services in the county or area and discontinue the levy of service charges in the area.  (b) However, the services shall not be discontinued until a public hearing is held at which persons residing in the county or the designated area have an opportunity to appear in behalf of or in opposition to the discontinuance of the services. The time and place of the hearing shall be published in a newspaper of general circulation in the county or designated area at least ten (10) days before the date thereof.  (c) When an emergency medical services program is discontinued in the manner authorized in this section, the service charges authorized by the ordinance which established the program shall continue to be collected until all outstanding debts of the program have been paid.  
 This subchapter shall be known and cited as the Insect Sting and Other Allergic Reactions Emergency Treatment Act. 
 It is the purpose of this subchapter to provide a means of authorizing certain individuals to administer treatment to those persons who have severe adverse reactions to insect stings and other allergic reactions when a physician is not immediately available. 
 As used in this subchapter:   (1) Authorized entity means an entity or organization at which or in connection with which allergens capable of causing an anaphylactic reaction may be present, including without limitation:  (A) A restaurant;  (B) An amusement park; and  (C) A sports arena;    (2) Auto-injectable epinephrine means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body;  (3) Certificate means a certificate issued under this subchapter to authorize the receipt, possession, and administration of prescribed auto-injectable epinephrine;  (4) Expected user means an authorized entity's employee or agent who is responsible for the storage, maintenance, and general supervision of auto-injectable epinephrine acquired by the authorized entity;  (5) Healthcare professional means a licensed physician, chiropractor, dentist, optometrist, podiatrist, or other licensed healthcare professional;  (6) Physician means an individual licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq.; and  (7) Self-administration means a person's discretionary use of auto-injectable epinephrine pursuant to a prescription or written direction from a healthcare professional.  
 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.    
 (a) A certificate issued pursuant to this subchapter shall authorize the certificate holder to receive, upon presentation of the certificate, from any physician a prescription for premeasured doses of epinephrine and the necessary paraphernalia for administration.  (b) The certificate also shall authorize the certificate holder to possess, provide, and administer in an emergency situation when a physician is not immediately available the prescribed epinephrine to a person who:  (1) Has contact with the certificate holder as a result of the certificate holder's relationship or occupational or volunteer status under  20-13-404(2); and  (2) Appears to be suffering a severe adverse reaction to an insect sting or other allergic reaction.    
 (a) A person or entity that in good faith renders emergency care or treatment by the use of auto-injectable epinephrine is immune from civil liability resulting from:  (1) The emergency care or treatment; and  (2) Any good faith act or omission to provide or arrange for further medical treatment.    (b) A person or entity granted immunity under subsection (a) of this section includes without limitation:  (1) A physician or medical facility that distributes auto-injectable epinephrine or issues a certificate under this subchapter;  (2) A person or entity that provides auto-injectable epinephrine training to an expected user or authorized entity;  (3) A person or entity responsible for the location where the auto-injectable epinephrine is located or used; and  (4) A certificate holder.    (c) The immunity under subsection (a) of this section does not apply if the cause of action results from gross negligence or willful or wanton misconduct.  (d) Immunity under this section is in addition to the immunity provided to an individual acting as a Good Samaritan under the provisions of  17-95-101.  
 (a) The Department of Health shall prepare a certificate form for use by a physician as authorized under this subchapter.  (b)  (1) A copy of a certificate issued under this subchapter shall be forwarded by the issuing physician to the department.  (2) The department shall maintain the copy on file and make it available for public inspection.    
 (a) In order to ensure the public health and safety, an authorized entity that acquires auto-injectable epinephrine shall ensure that:  (1) An expected user:  (A) Completes appropriate knowledge and skills courses at least one (1) time every two (2) years in anaphylaxis and auto-injectable epinephrine use; and  (B) Obtains a certificate under this subchapter;    (2) The auto-injectable epinephrine is maintained according to the manufacturer's operational guidelines and instructions in a locked, secure location; and  (3) A person who renders emergency care or treatment to a person having an anaphylactic reaction by using auto-injectable epinephrine activates the emergency medical services system as soon as possible and immediately reports the use of auto-injectable epinephrine to the medical provider responding to the emergency.    (b) An authorized entity and its expected users may:  (1) Obtain a prescription in the name of the authorized entity for epinephrine auto-injectors and acquire epinephrine auto-injectors under the prescription;  (2) Provide auto-injectable epinephrine for immediate self-administration to an individual who the authorized entity or expected user believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy; and  (3) Administer auto-injectable epinephrine directly to an individual who the authorized entity or expected user believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has been previously diagnosed with an allergy.    (c) An authorized entity that possesses and makes available auto-injectable epinephrine shall:  (1)  (A) Submit to the Department of Health a report of each incident on the authorized entity's premises in which the authorized entity provides or administers auto-injectable epinephrine.  (B) The department annually shall publish a report that summarizes and analyzes the reports submitted under this subdivision (c)(1); and    (2) Notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of auto-injectable epinephrine.    
 (a) The General Assembly finds and declares that because of the inherent threat of human danger posed by injudicious use, or misuse, of dangerous substances, the physicians and allied health professionals who provide healthcare services for Arkansas citizens are in need of emergency poison control and drug information and toxicological laboratory services sufficient to provide, on a twenty-four-hour coverage basis, reliable, accurate, and qualified professional judgments and responses to requests for emergency poison control and drug information data and emergency toxicological laboratory services such as analysis of blood, urine, vomitus, and gastric lavage for substance identification, and that public health and welfare require such services.  (b) The General Assembly further finds and declares that legislation is required to authorize and provide effective practical delivery of emergency poison control and drug information and toxicological laboratory services judgments and responses to physicians and allied health professionals who deliver healthcare services within this state.  
 The purpose of this subchapter shall be to implement a statewide emergency poison control-drug information-toxicological laboratory services program (PC-DI-TL) designed and structured to deliver, on a twenty-four-hour coverage basis, reliable, accurate, qualified professional judgments and responses to requests for emergency poison control-drug information data and toxicological laboratory services, such services to include, but not be limited to, analysis of blood, urine, vomitus, and gastric lavage for substance identification purposes. 
 As used in this subchapter:   (1) Category I response within the toxicology laboratory component means a response delivered within six (6) hours after receipt of the sample to be identified;  (2) Category II response within the toxicology laboratory component means a response delivered within twelve (12) hours after receipt of the sample to be identified;  (3) [Repealed.]  (4) [Repealed.]  (5) Emergency request means a request for emergency assistance initiated by any licensed Arkansas medical or allied health professional when life-jeopardizing circumstances require PC-DI-TL services to effectuate treatment;  (6) Emergency sample means any sample, nonroutine in nature, submitted to the toxicology laboratories for analysis as a necessary clinical adjunct to emergency patient treatment;  (7) Information retrieval within the PC-DI-TL context means a system which includes, but is not limited to:  (A) DEC-10 UAMS-Pharmacy computer terminal directly interfaced with the computer facility of the University of Arkansas for Medical Sciences facility containing six thousand (6,000) listings of the most commonly contacted poisons;  (B) A UAMS-Pharmacy microfiche system containing seventy-six thousand (76,000) listings of different products and management information together with extensive product identification information;  (C) A UAMS-Pharmacy Tox-file, a compilation of commercial products published by the National Clearinghouse for Poison Control Centers;  (D) A classic, widely accepted UAMS-Pharmacy resource reference, Gleason, Gosselin, & Hodge, Clinical Toxicology of Commercial Products;  (E) UAMS-Pharmacy toxicity and overdosage manuals provided by national pharmaceutical firms;  (F) UAMS-Pharmacy resource toxicological library treating all subject matter for less common toxic materials, chemicals, and plants;  (G) UAMS-Pharmacy direct contact with medical directors of pharmaceutical manufacturing companies;  (H) UAMS-Library MEDLINE and TOXLINE computer database systems embracing bibliographic references to medical toxicological literature;  (I) UAMS-Library manual literature search, a trained searcher's use of library bibliographic sources such as indices, abstracts, and bibliographies to provide information requested;  (J) UAMS-Library drug reference search, a trained searcher's use of library drug lists, compendia, and other books to locate factual information of a drug, food, or other chemical substance; and  (K) UAMS-Library, de Haen, Drugs in Use, excerpted data from published literature on clinical use of a drug showing scope of study, drug used, dosage, concomitant therapy, disease condition, incidence or absence of adverse reactions, and description of effectiveness. This information is available on approximately two thousand (2,000) drugs;    (8) Medical or allied health professional means a licensed physician, nurse, pharmacist, dentist, psychologist, veterinarian, hospital administrator, hospital chemist, technician, or institutional chemist;  (9) PC-DI-TL services system means the Poison Control-Drug Information-Toxicological Laboratory Services Unitary System with three (3) definite and permanent components: UAMS-Pharmacy, UAMS-Library, and the Chemistry Branch of the Public Health Laboratory of the Department of Health;  (10) Toxicology laboratory services means those services provided the PC-DI-TL services system by the Chemistry Branch of the Public Health Laboratory of the Department of Health, which is that permanent component within the PC-DI-TL services system charged with toxicology laboratory services responsibility;  (11) UAMS-Library means the Library of the University of Arkansas for Medical Sciences, which is that permanent component within the unitary system charged with nonemergency poison and drug information responsibility; and  (12) UAMS-Pharmacy means the Department of Pharmacology of the College of Pharmacy of the University of Arkansas for Medical Sciences, which is that permanent component within the unitary system charged with emergency poison and drug information responsibility.  
 Any individual who shall fraudulently represent himself or herself to be a person entitled to invoke the services of the PC-DI-TL system when such is not the case or any person who attempts to obtain information later put to illegal use in any way shall be deemed guilty of a misdemeanor and upon conviction in any court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) or imprisoned for a period not to exceed six (6) months, or both. 
 (a) The Secretary of the Department of Health may:  (1) Employ any coordination measures necessary to effectuate the purposes of this subchapter within and among the responsible components;  (2) Engage in any educational program or effort undertaken in partnership with county or municipal governmental agencies or other groups if, in his or her judgment, such activity would effectuate the purposes of this subchapter;  (3) Authorize any component within the PC-DI-TL services system to employ experts and consultants and compensate those individuals at rates determined by the secretary in consultation with component representatives of the University of Arkansas for Medical Sciences; and  (4) Engage in programs of experimental or demonstration research.    (b) Additionally, the secretary may accept and administer loans, grants, or other funds and gifts, conditional or otherwise, from the United States Government and any other public or private sources. In all such transactions, the PC-DI-TL system shall remain unitary, and the secretary shall allow no function which might require the separation of the components.  (c) The secretary shall have full authority, in consultation with the two (2) University of Arkansas for Medical Sciences components of the PC-DI-TL system, to formulate, promulgate, adopt, amend, and enforce rules, regulations, and regulatory standards necessary to effectuate this subchapter in a way consistent with  10-3-309.  
 (a)  (1) The Department of Health may appoint an advisory committee to assist in the development and review of rules promulgated under the authority of this subchapter.  (2) The committee shall consist of an uneven number of persons, not to exceed seven (7), appointed by the Secretary of the Department of Health.    (b)  (1) Membership on the advisory committee shall include representatives qualified by experience and affiliation to represent the viewpoints of persons and groups most likely to become participants within the PC-DI-TL services components of the established program.  (2) The advisory committee may include representatives from the medical and allied health professional community, individuals with poison control, drug information, and toxicological services knowledge and expertise, state and local governmental officials, and public interest groups.  (3) In the selection of members, the secretary shall appoint only those persons with professional expertise in poison control, drug information, toxicological laboratory services, or other health and safety fields.    (c) Members of the advisory committee may receive expense reimbursement in accordance with  25-16-901 et seq.  (d) Any reasonable administrative and technical assistance required by the committee shall be provided by the secretary in consultation with the UAMS-Pharmacy and UAMS-Library permanent components of the PC-DI-TL program.  (e) The advisory committee may seek advice and information from interested knowledgeable persons or governmental agencies within or without the state to assist in policy determinations and regulatory standards.  
 (a)  (1)  (A) The time-response design shall embrace two (2) broad, major, selective categories inherent in the threat of human danger posed by injudicious use or misuse of dangerous substances.  (B) A Category I response shall be delivered within six (6) hours after receipt of the sample to be identified.  (C) A Category II response shall be delivered within twelve (12) hours after receipt of the sample to be identified.  (D) All responses shall be followed in each instance by a written confirmation report at the earliest practicable date.    (2) Determinative category substances shall be:    (b) Under the authority of this subchapter, participating hospital emergency room personnel shall be qualified and trained to use spot tests and thin-layer chromatography in conducting blood and urine presumptive chemical tests for drugs and harmful chemicals as well as quick scanning examinations for common drugs such as narcotics, barbiturates, amphetamines, and salicylates.  (c) Program design includes efficient supporting recordkeeping and reporting measures within the communications network.  (d) Though this program shall at all times function as a unitary system of services to Arkansas medical and allied health professionals, it shall embrace three (3) permanent components:  (1) The College of Pharmacy of the University of Arkansas for Medical Sciences which is charged with emergency poison and drug information responsibility;  (2) The Library of the University of Arkansas for Medical Sciences which is charged with nonemergency poison and drug information responsibility; and  (3) The Chemistry Branch of the Public Health Laboratory of the Department of Health which is charged with the emergency toxicological laboratory services responsibility.      CATEGORY I CATEGORY II (6 hrs.) (12 hrs.) 1) barbiturates 1) pesticides 2) narcotics 2) heavy metals 3) amphetamines 3) other substances 4) salicylates 5) phenothiazine 6) alcohol 7) chloral hydrate 8) Librium 9) Valium 10) Placidyl 11) Meprobamate 12) Methaqualone 13) Glutethimide 14) other drugs   Click to view table. 
 (a) Each permanent component within the PC-DI-TL services system shall designate those persons within the component department who shall have responsibility for implementing and developing this toxicology services system, and each shall provide written notice of the designations to the Secretary of the Department of Health.  (b) The persons so designated shall be qualified by education, training, and experience to ensure the effectiveness of this subchapter.  
 (a) Subject to the approval of the Dean of the College of Pharmacy of the University of Arkansas for Medical Sciences, registration or tuition fees, or both, in the University of Arkansas system are to be waived for those students who provide concurrent services to the Arkansas Poison and Drug Information Center of the College of Pharmacy of the University of Arkansas for Medical Sciences.  (b) Any funds at the disposal of the College of Pharmacy of the University of Arkansas for Medical Sciences can be used to provide scholarships and fellowships to those providing services to the center.  
 None of the personnel within any of the components of the PC-DI-TL sevices system shall incur personal liability or be placed in any legal jeopardy for laboratory services provided, analyses executed and reported, information proffered in good faith, professional judgments and responses provided for the system, or any good faith professional efforts to effectuate the purposes of this subchapter. 
 Each of the University of Arkansas for Medical Sciences components, the Arkansas Poison and Drug Information Center, the Library of the University of Arkansas for Medical Sciences for nonemergency poison and drug information, and the Chemistry Branch of the Public Health Laboratory of the Department of Health, shall make available to the Secretary of the Department of Health, in such manner, form, or at such times as he or she shall require, copies of records and reports regarding all activities authorized and developed pursuant to this subchapter. 
 This subchapter shall be known and cited as the Nerve Agents Emergency Treatment Act. 
 It is the purpose of this subchapter to provide a means of authorizing certain individuals to administer treatment to those persons who have severe adverse reactions to nerve agents when a physician is not immediately available. 
 As used in this subchapter, physician means a natural person licensed to practice medicine in the State of Arkansas pursuant to the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq. 
 Persons eligible to receive a certificate pursuant to this subchapter shall meet the following requirements:   (1) Be eighteen (18) years of age or older;  (2) Have, or reasonably expect to have, responsibility for at least one (1) other person as a result of one's relationship, or one's occupational or volunteer status, for example, emergency medical technician, fire department personnel, P.H. nurses, etc.; and  (3) Have been properly trained by a qualified instructor who has been certified by a physician licensed under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq. The curriculum shall minimally include recognition of the symptoms of systemic reactions to nerve agents and the proper administration of an injection of atropine/pralidoxime, or other drugs as approved by the State Health Officer for the treatment of symptoms caused by exposure to nerve agents.  
 (a) A certificate issued pursuant to this subchapter shall authorize the holder thereof to receive upon presentation of the certificate, from any physician, a prescription for premeasured doses of atropine/pralidoxime, or other drugs as approved by the State Health Officer for the treatment of symptoms caused by exposure to nerve agents, and the necessary paraphernalia for administration.  (b) The certificate shall also authorize the holder thereof to possess and administer, in an emergency situation when a physician is not immediately available, the prescribed atropine/pralidoxime, or other drugs as approved by the State Health Officer for the treatment of symptoms caused by exposure to nerve agents, to persons suffering a severe adverse reaction to nerve agents.  (c) The holder may administer atropine/pralidoxime, or other drugs as approved by the State Health Officer, for the treatment of symptoms caused by exposure to nerve agents.  
 No cause of action shall arise against a certificate holder pursuant to this subchapter or against the issuing physician for any act or omission when acting in good faith pursuant to the authority granted by this subchapter, except when the conduct amounts to gross negligence. 
 (a) The Department of Health shall prepare the appropriate certificate form to be available to physicians upon request to accomplish the purposes of this subchapter.  (b) A copy of all certificates issued pursuant to this subchapter shall be forwarded by the issuing physician to the department to be maintained on file and subject to public inspection.  
 (a) The General Assembly finds and declares that, because of the inherent threat of human danger posed by injudicious use, or misuse, of dangerous substances, Arkansas citizens are in need of emergency poison and drug information services and that the public health and welfare require such services.  (b) The General Assembly further finds and declares that legislation is required to authorize and provide effective practical delivery of emergency poison and drug information services judgments and responses to physicians and allied health professionals who deliver healthcare services within this state and, if funds permit, to those citizens of this state who request such services.  
 (a) There is created the Arkansas Poison and Drug Information Center within the College of Pharmacy of the University of Arkansas for Medical Sciences.  (b) The purpose of the center is to implement a statewide emergency poison and drug information program designed and structured to deliver reliable, accurate, qualified professional judgments and responses to requests for emergency poison and drug information data.  (c) Any funds at the disposal of the College of Pharmacy of the University of Arkansas for Medical Sciences can provide scholarships and fellowships to those providing services to the center.  (d) Subject to the approval of the Dean of the College of Pharmacy of the University of Arkansas for Medical Sciences, registration or tuition fees, or both, in the University of Arkansas system are to be waived for those students who provide concurrent services to the center.  
 As used in this subchapter:   (1) Center means the Arkansas Poison and Drug Information Center; and  (2) Director means the Director of the Arkansas Poison and Drug Information Center.  
 (a) The program of the Arkansas Poison and Drug Information Center shall be structured and designed, to the extent resources permit, to meet the criteria for certification as a state poison control center by the American Association of Poison Control Centers.  (b) None of the center personnel or its designees shall incur personal liability or be placed in any legal jeopardy for information proffered in good faith, professional judgments and responses provided for the system, or any good faith professional effort to effectuate the purposes of this subchapter.  
 Any individual who shall fraudulently represent himself or herself to be a person entitled to invoke the services of the Arkansas Poison and Drug Information Center when such is not the case and any person who attempts to obtain information later put to illegal use in any way shall upon conviction be guilty of a Class B misdemeanor. 
 (a) The Director of the Arkansas Poison and Drug Information Center shall serve at the pleasure of the Dean of the College of Pharmacy of the University of Arkansas for Medical Sciences.  (b) The director may:  (1) Employ any coordination measures necessary to effectuate the purposes of this subchapter;  (2) Engage in any educational program or effort if, in his or her judgment, such an activity would effectuate the purposes of this subchapter;  (3) Employ experts and consultants and compensate those individuals at rates determined by the director;  (4) Engage in programs of experimental or demonstrational research;  (5) Appoint an advisory committee to assist in the development and review of rules promulgated under the authority of this subchapter and reimburse the members for their expenses in accordance with  25-16-901 et seq.;  (6) Accept and administer loans, grants, or other funds and gifts, conditional or otherwise, from the United States Government and any other public or private sources;  (7) Formulate, promulgate, adopt, amend, and enforce rules and regulatory standards necessary to effectuate this subchapter;  (8) Establish and charge fees for the provision of nonemergency informational and educational services, as well as contract therefor; and  (9) Establish a 1-900 telephone number if funding otherwise precludes twenty-four-hour coverage consistent with requirements for certification by the American Association of Poison Control Centers.    
 This subchapter is known and may be cited as the Trauma System Act. 
 The General Assembly finds that:   (1) Traumatic injury is recognized as the leading killer of persons one (1) year to forty-four (44) years of age and is a serious yet preventable condition;  (2) Deaths due to trauma in the United States for 2005 were nearly one hundred thirty-nine thousand (139,000), and children nineteen (19) years of age or younger accounted for nearly twelve percent (12%) of the deaths;  (3) In 2006, two thousand one hundred nineteen (2,119) Arkansans lost their lives and twenty-five thousand three hundred eight (25,308) were admitted to hospitals due to trauma;  (4) The State of Arkansas incurs a massive expense from trauma in lives lost, productive years destroyed, and the emotional and monetary expense of caring for victims of trauma; and  (5) The experience of other states has shown that a comprehensive trauma system, including all phases of trauma care from prevention, prehospital care, and trauma center designation to rehabilitative care, can vastly improve overall trauma problems.  
 (a) The Department of Health may develop and implement a comprehensive trauma care system that provides guidelines for the care of trauma victims and is fully integrated with all available resources, including, but not limited to, existing emergency medical services providers, hospitals, or other healthcare providers that would like to participate in the program.  (b)  (1) The department shall allocate funds deposited into the Public Health Fund to administer this subchapter.  (2) Allocations of funds in the form of grants or contracts from the funds deposited into the Public Health Fund to administer this subchapter may include without limitation:  (A) Emergency medical system care providers and ambulance providers under  20-13-809;  (B) Level I, Level II, Level III, and Level IV trauma centers under  20-13-810  20-13-813;  (C) Rehabilitation service providers under  20-13-814;  (D) Quality improvement organizations under  20-13-815;  (E) Trauma regional advisory councils under  20-13-816;  (F) Command and communication networks under  20-13-817; and  (G) Injury prevention programs under  20-13-818.      (c) The funds deposited into the Public Health Fund to administer this subchapter will be used to fund two (2) general types of grants with entities necessary to administer this subchapter:  (1) Start-up trauma grants to support initial costs required to qualify for participation in the trauma care system; and  (2) Sustaining trauma grants to support ongoing readiness costs for continued participation in the trauma care system.    (d) The department may contract with entities as necessary to implement this subchapter.  
 (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.    
 (a)  (1) The Department of Health shall develop a trauma data collection and evaluation system known as the Trauma Registry.  (2) The Trauma Registry shall be designed to study both the individual and collective care and treatment given to patients of the trauma system.    (b)  (1) The department may collect data and information regarding patients treated and transported from the field and admitted to a facility through the emergency department, through a trauma center, or directly to a special care unit or post-hospitalization facility.  (2) Data and information shall be collected in a manner which protects and maintains the confidential nature of patient records.    (c) Records and reports made pursuant to this subchapter shall be held confidential within the hospital and department and shall not be available to the public.  (d) The department shall require all recipients of sustaining grants under this subchapter to participate in the state-specified Trauma Registry.  
 (a) There is established an advisory council, to be known as the Trauma Advisory Council, for the purpose of making recommendations, advising, and providing assistance to the Department of Health concerning the development and operation of a statewide trauma system.  (b) The Trauma Advisory Council shall consist of twelve (12) voting members who have a demonstrated interest in trauma systems to be appointed by the Governor subject to confirmation by the Senate as follows:  (1) One (1) member appointed by the Governor after consulting the Arkansas Chapter of the American College of Emergency Physicians;  (2) One (1) member appointed by the Governor after consulting the Arkansas Chapter of the American College of Surgeons;  (3) One (1) member appointed by the Governor after consulting the Arkansas Medical Society, Inc.;  (4) Three (3) members appointed by the Governor after consulting the Arkansas Hospital Association, Inc.;  (5) One (1) member appointed by the Governor after consulting the Emergency Medical Services Advisory Council;  (6) One (1) member appointed by the Governor after consulting the Arkansas Emergency Medical Technicians Association;  (7) One (1) member appointed by the Governor after consulting The Arkansas Ambulance Association;  (8) One (1) member appointed by the Governor after consulting the Arkansas Minority Health Commission;  (9) One (1) member appointed to represent injury prevention; and  (10) One (1) member appointed from the public at large as a consumer representative who has an interest in trauma systems.    (c) The Trauma Advisory Council shall also include four (4) voting members who have a demonstrated interest in trauma systems to be appointed as follows:  (1) Two (2) members to be appointed by and to serve at the pleasure of the President Pro Tempore of the Senate after consulting the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and the Arkansas Emergency Nurses Association; and  (2) Two (2) members to be appointed by and to serve at the pleasure of the Speaker of the House of Representatives after consulting the Arkansas Academy of Family Physicians.    (d) The Secretary of the Department of Health or his or her designee shall serve as a nonvoting ex officio member of the Trauma Advisory Council.  
 (a) All voting members of the Trauma Advisory Council shall be appointed for terms of five (5) years.  (b)  (1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled in the manner provided for the original appointment under  20-13-807.  (2) The new appointee shall serve for the remainder of the unexpired term.    (c) A member of the council shall be removed for conviction of a felony, for not attending fifty percent (50%) of the meetings in a calendar year, or if the member no longer meets the qualifications for his or her initial appointment.  (d)  (1) The members of the council shall elect from their membership a chair, a vice chair, and a secretary, whose duties shall be those customarily exercised by those officers or duties specifically designated by the council.  (2) All officers shall serve for a period of two (2) years and until their successors are elected.    (e)  (1) A majority of the voting members of the council shall constitute a quorum for the purpose of transacting business.  (2) Except for actions taken pursuant to subsection (g) of this section, all actions of the council shall be made by a majority of all voting members.    (f) The council shall meet at least four (4) times a year but may meet more frequently upon the call of the Chair of the Trauma Advisory Council or at the request, stated in writing, of a majority of the members of the council.  (g)  (1) To assist in the expeditious conduct of its business when the full council is not meeting, the council may elect an executive committee.  (2) The chair, the Vice Chair of the Trauma Advisory Council, and the Secretary of the Trauma Advisory Council shall be members of the executive committee.  (3) The executive committee shall be constituted and shall function as provided in the bylaws of the council.    (h) The council shall establish its own rules of procedure.  
 An emergency medical system care provider or ambulance provider may be eligible for:   (1) The emergency medical system care provider education start-up grants that are used to support trauma education and trauma readiness; or  (2) The emergency medical system care provider sustaining grants that are used to support ongoing trauma education and trauma readiness.  
 (a)  (1) An entity that meets the preliminary criteria for a Level I trauma center under the rules of the State Board of Health may be eligible for the Level I trauma center start-up grant that is used to qualify for the status of a Level I 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 I trauma center status as determined by the Department of Health; and  (B) Demonstrate the capability of fully achieving Level I trauma center status within eighteen (18) months.      (b)  (1) An established Level I trauma center may be eligible for a sustaining grant if the Level I trauma center:  (A) Has achieved Level I trauma center status and is currently at Level I status; and  (B) Demonstrates continued capability to maintain Level I trauma center status.    (2) This grant may be an annual grant and may have an annual renewal process for Level I trauma centers that meet the criteria under this subsection.    
 (a)  (1) An entity that meets the preliminary criteria for a Level II trauma center under the rules of the State Board of Health may be eligible for the Level II trauma center start-up grant that is used to qualify for the status of a Level II 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 II trauma center status as determined by the Department of Health; and  (B) Demonstrate the capability of fully achieving Level II trauma center status within twelve (12) months.      (b)  (1) An established Level II trauma center may be eligible for a sustaining grant if the Level II trauma center:  (A) Has achieved Level II trauma center status and is currently at Level II status; and  (B) Demonstrates continued capability to maintain Level II trauma center status.    (2) This grant may be an annual grant and may have an annual renewal process for Level II trauma centers that meet the criteria under this subsection.    
 (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.    
 (a)  (1) An entity that meets the preliminary criteria for a Level IV trauma center under the rules of the State Board of Health may be eligible for the Level IV trauma center start-up grant that is used to qualify for the status of a Level IV 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 IV trauma center status as determined by the Department of Health; and  (B) Demonstrate the capability of fully achieving Level IV trauma center status within twelve (12) months.      (b)  (1) An established Level IV trauma center may be eligible for a sustaining grant if the Level IV trauma center:  (A) Has achieved Level IV trauma center status and is currently at Level IV status; and  (B) Demonstrates continued capability to maintain Level IV trauma center status.    (2) This grant may be an annual grant and may have an annual renewal process for Level IV trauma centers that meet the criteria under this subsection.    
 Grants may be awarded to providers, entities, or organizations with special competence in trauma rehabilitation services that provide rehabilitation services under this subchapter to trauma patients. 
 (a) An entity that meets the preliminary criteria for a quality improvement organization under the rules of the State Board of Health may contract with the Department of Health to develop, promulgate, and measure trauma quality measures for entities providing care for the trauma system under this subchapter.  (b) This contract may be awarded to entities that:  (1) Meet the preliminary criteria for a quality improvement organization as determined by the Department of Health; and  (2) Demonstrate the capability of providing to the trauma system, trauma centers, and other trauma care providers:  (A) The development of quality measures;  (B) The implementation of educational programs to trauma care providers related to quality measures and to improve the quality of care; and  (C) The gathering of data that can be used to measure the quality of care, outcomes, and utilization of resources.      
 (a)  (1) An entity that meets the preliminary criteria for a trauma regional advisory council under the rules of the State Board of Health may be eligible for recognition as a trauma regional advisory council.  (2) The Department of Health may establish a grant or provide technical assistance to entities that:  (A) Meet the preliminary criteria for a trauma regional advisory council as determined by the Department of Health; and  (B) Demonstrate the capability of satisfactorily developing, overseeing, and administering the trauma system plan for its region.      (b)  (1) An established trauma regional advisory council may be eligible for a sustaining grant if the trauma regional advisory council:  (A) Has achieved the status as the trauma regional advisory council for its region of the trauma system and is currently providing trauma planning and quality improvement services to its region of the trauma system; and  (B) Demonstrates continued capability to maintain its status as a trauma regional advisory council based on its performance in planning and overseeing the plan for its region of the trauma system.    (2) This grant may be an annual grant and have an annual renewal process for a trauma regional advisory council that meets the criteria under this subsection.    
 (a) The Department of Health shall ensure operation of a call center to facilitate communication and coordination of available resources.  (b) The call center shall direct patient transport of critical trauma patients to hospitals with the appropriate capability to provide optimum patient care.  (c) The department may contract with entities to provide command and communication networks.  
 The Department of Health shall allocate funds to develop and promote injury prevention programs including the development of the capacity to track and describe the epidemiologic and health statistics of injury deaths and disabilities in Arkansas. 
 (a)  (1) Any data, records, reports, and documents collected or compiled by or on behalf of the Department of Health, the Trauma Advisory Council, or other entity authorized under this subchapter for the purpose of quality or system assessment and improvement of the trauma system shall not be subject to disclosure under the Freedom of Information Act of 1967,  25-19-101 et seq., to the extent that it identifies or could be used to identify any individual patient, provider, institution, or health plan.  (2) For purposes of this section, data, records, reports, and documents means recordings of interviews and all oral or written proceedings, reports, statements, minutes, memoranda, data, and other documentation collected or compiled for the purposes of trauma system quality review or trauma system assessment and improvement pursuant to a requirement of or request by the department, the council, or other entity authorized by this subchapter.    (b)  (1) Any data, records, reports, and documents collected or compiled by or on behalf of the department, the council, or other entity authorized under this subchapter for the purpose of quality or system assessment and improvement shall not be admissible in any legal proceeding and shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating the quality of medical or hospital care are exempt under  16-46-105(a)(1).  (2) A healthcare provider's use of the information in its internal operations shall not operate as a waiver of these protections.    (c) All information shall be treated in a manner that is consistent with all state and federal privacy requirements, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 privacy rule, 45 C.F.R.  164.512(i).  (d) The department or other entity authorized to provide services for the trauma system may use any data, records, reports, or documents generated or acquired in its internal operations without waiving any protections under this section.  
 The Secretary of the Department of Health shall provide a report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before April 1 and October 1 of each year through 2011. After 2011, the secretary shall provide an annual report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before October 1. 
 The State Board of Health shall promulgate the rules necessary to implement and administer this subchapter. 
 As used in this subchapter:   (1) Attending physician has the meaning provided in  20-17-201;  (2) [Repealed.]  (3) [Repealed.]  (4) Do Not Resuscitate Identification means a standardized identification card, form, necklace, or bracelet of uniform size and design, approved by the Department of Health, that signifies:  (A) That the possessor has executed an advance directive as provided in  20-17-202 which specifically addresses the cardiopulmonary resuscitation option of health care and which has not been revoked; or  (B) That the possessor's attending physician has issued an Emergency Medical Services Do Not Resuscitate Order for the possessor and has documented the grounds for the order in the possessor's medical file;    (5)  (A) Emergency Medical Services Do Not Resuscitate Order means a written physician's order in a form approved by the department which authorizes qualified emergency medical services personnel to withhold cardiopulmonary resuscitation from a particular patient in the event of cardiac or respiratory arrest.  (B) For the purposes of this subchapter, cardiopulmonary resuscitation or CPR shall include cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, defibrillation, administration of cardiac resuscitation medications, and related procedures.  (C)  (i) Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of other medical interventions such as intravenous fluids, oxygen, nutrition or hydration, or both, or other indicated therapies short of cardiopulmonary resuscitation unless the therapies are also specified by advance directive or durable power of attorney for health care to be withheld.  (ii) The Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of therapies deemed necessary to provide comfort care or alleviate pain;      (6) Emergency Medical Services Do Not Resuscitate Protocol means a standardized method of procedure, approved by the State Board of Health and adopted in the rules of the department, for the withholding of emergency life-sustaining procedures by emergency medical services personnel;  (7) Emergency medical services personnel means paid or volunteer firefighters, law enforcement officers, first responders, emergency medical technicians, or other emergency service personnel acting within the ordinary course of their professions;  (8)  (A) Healthcare facility means any institution, building, or agency or portion thereof, private or public, excluding federal facilities, whether organized for profit or not, used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any person or persons.  (B) Healthcare facility includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, and adult day care centers;    (9) Life-sustaining procedure means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation; and  (10) Physician means a person licensed to practice medicine in this state pursuant to the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq.  
 (a) The following are not subject to civil or criminal liability and are not guilty of unprofessional conduct upon discovery of Do Not Resuscitate Identification upon a person:  (1) A physician who causes the withholding or withdrawal of life-sustaining procedures from that person;  (2) A person who participates in the withholding or withdrawal of life-sustaining procedures under the direction or with the authorization of a physician;  (3) Emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures from that person;  (4) A healthcare facility in which withholding or withdrawal of life-sustaining procedures from that person occurs; and  (5) Physicians, persons under the direction or authorization of a physician, emergency medical services personnel, or healthcare facilities that provide life-sustaining procedures pursuant to an oral or written request communicated to them by a person who possesses Do Not Resuscitate Identification.    (b) The provisions of subdivisions (a)(1)-(5) of this section apply when a life-sustaining procedure is withheld or withdrawn in accordance with the Emergency Medical Services Do Not Resuscitate Protocol.  (c) Emergency medical services personnel who follow a Do Not Resuscitate Order from a licensed physician are not subject to civil or criminal liability and are not guilty of unprofessional conduct.  
 (a) Qualified emergency medical services personnel may follow Emergency Medical Services Do Not Resuscitate Orders pertaining to adult patients in the prehospital setting in accordance with rules promulgated by the State Board of Health, if the order available to the personnel is in a format approved by the Department of Health.  (b) This section shall not authorize emergency medical personnel to follow an Emergency Medical Services Do Not Resuscitate Order for any patient who is able to and does express to the personnel the desire to be resuscitated before cardiac or respiratory arrest.  
 (a) Emergency medical services personnel other than physicians shall comply with the Do Not Resuscitate Protocol when presented with either Do Not Resuscitate Identification approved by the Department of Health, an oral Do Not Resuscitate Order issued directly by a physician, or a written Do Not Resuscitate Order entered on a form prescribed by the department.  (b) An attending physician or a healthcare facility that receives a patient from emergency medical services with a valid Do Not Resuscitate Identification which the patient or his or her healthcare proxy does not remand by written or oral statement and that is unwilling or unable to comply with a Do Not Resuscitate Order shall take all reasonable steps to transfer that person possessing Do Not Resuscitate Identification to another physician or to a healthcare facility in which the Do Not Resuscitate Order will be followed.  
 (a) Death resulting from the withholding or withdrawal of emergency life-sustaining procedures pursuant to the Do Not Resuscitate Protocol and in accordance with this subchapter is not for any purpose a suicide or homicide.  (b) The possession of Do Not Resuscitate Identification pursuant to this subchapter does not affect in any manner the sale, procurement, or issuance of any policy of life insurance nor does it modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of emergency life-sustaining procedures from an insured person possessing Do Not Resuscitate Identification, notwithstanding any term of the policy to the contrary.  (c) A physician, healthcare facility, or other healthcare provider and a healthcare service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan may not require a person to possess Do Not Resuscitate Identification as a condition for being insured for or receiving healthcare services.  (d) This subchapter does not create a presumption concerning the intention of an individual who does not possess Do Not Resuscitate Identification with respect to the use, withholding, or withdrawal of emergency life-sustaining procedures.  (e) This subchapter does not increase or decrease the right of a patient to make decisions regarding the use of emergency life-sustaining procedures if the patient is able to do so nor does this subchapter impair or supersede any right or responsibility that a person has to effect the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this subchapter are cumulative.  (f) This subchapter does not authorize or approve mercy killing.  
 (a) Upon the adoption of an Emergency Medical Services Do Not Resuscitate Protocol by the State Board of Health, the Department of Health may adopt a standard form of Do Not Resuscitate Identification to be used statewide.  (b) The department shall adopt rules to administer the provisions of this subchapter.  
 (a) An advance directive executed in another state shall be deemed to be validly executed for the purposes of this subchapter if executed in compliance with the laws of the State of Arkansas or the laws of the state where executed.  (b) Such advance directives shall be construed in accordance with the laws of the State of Arkansas.  
 (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.  
 This law is enacted to provide for a Governor's commission to carry on a continuing program to promote the interests of persons with disabilities in this state, in recognition that:   (1) Arkansas has a public awareness of, and community interest in, the problems of persons with disabilities and that the awareness and interest must be heightened in order to enhance understanding of their problems;  (2) There exists a need to assure that the special requirements of persons with disabilities are appropriately considered in state programs;  (3) Existing programs for persons with disabilities require coordination to eliminate fragmentation of responsibility; and  (4) There exists a critical need to provide individuals seeking information or assistance regarding services and programs for persons with disabilities with a simple means of obtaining appropriate information and referrals.  
 (a) There is created a commission to be known as the Governor's Commission on People with Disabilities composed of eleven (11) members appointed by the Governor, subject to confirmation by the Senate.  (b)  (1) Six (6) of the members shall be persons with disabilities.  (2) Membership terms shall be four (4) years.  (3) Vacancies shall be filled for the remainder of the term of the original appointment by the Governor.  (4) Members shall receive no compensation for serving on the commission.  (5) The vacancies shall be filled in the manner prescribed by law.    (c) The commission shall be nonpartisan, nonprofit, and shall not engage in the dissemination of partisan principles.  
 (a) The Director of Arkansas Rehabilitation Services, the director of the appropriate division as determined by the Secretary of the Department of Commerce, and the Director of the Division of Workforce Services or any director, commissioner, or administrator of successors' agencies shall serve as ex officio members of the Governor's Commission on People with Disabilities.  (b) The Governor shall also appoint two (2) members of the General Assembly to serve as ex officio members of the commission.  
 (a) The Chair of the Governor's Commission on People with Disabilities shall be appointed biennially by the Governor and serve at the pleasure of the Governor.  (b) The chair shall select an executive board.  (c) The Executive Board of the Governor's Commission on People with Disabilities is empowered to select from the commission membership a vice chair should such a position be desirable.  (d) The chair, or in his or her absence the Vice Chair of the Governor's Commission on People with Disabilities, shall exercise general supervision of all commission affairs.  (e) The chair shall preside over all meetings of the commission and executive board, appoint subcommittees and chairs, and serve as an ex officio member of all subcommittees.  
 (a) A notice of regular and special meetings shall be mailed to members of the Governor's Commission on People with Disabilities not less than ten (10) days in advance. An agenda for the meeting shall accompany the notice of meeting.  (b) A quorum shall consist of not less than one-third (1/3) of the membership plus one (1) additional member.  (c) The conduct of all meetings shall be governed by Robert's Rules of Order, Revised, unless a majority of those attending vote to lay rules aside for a particular meeting.  
 The Governor's Commission on People with Disabilities shall:   (1) Advise and assist the Governor in developing policies designed to meet the needs of citizens with disabilities;  (2) Help coordinate state and private provider programs and activities relating to persons with disabilities;  (3) Cooperate with state agencies and private providers to assure that the services which the Governor and the General Assembly have authorized for persons with disabilities are, in fact, provided;  (4) Cooperate with and assist political subdivisions of the state and private providers in the development of local programs for persons with disabilities, including, but not limited to, coordination and community planning, information services, counseling services, dissemination of information, and volunteer activities;  (5) Stimulate community interest in the problems of persons with disabilities and promote public awareness of resources available for such persons;  (6) Refer persons seeking advice, assistance, and available services in connection with particular problems of persons with disabilities to the appropriate departments and agencies of the state and federal governments or to agencies providing services by contract with the governmental entities as well as other private providers;  (7) Consult and cooperate with universities, colleges, and educational institutions in the state for the development of courses of study for persons engaged in public and private programs for persons with disabilities;  (8) Make or cause to be made such studies of needs of persons with disabilities as may be appropriate;  (9) Serve as a clearinghouse for information relating to the needs of persons with disabilities;  (10) Sponsor conferences relating to problems of and services for persons with disabilities;  (11) Assist state and local governments in eliminating obstacles to dignity and achievement which persons with disabilities may face as a result of a government and society unaware of or insensitive to their needs;  (12) Examine federal, state, and local programs for persons with disabilities and provide assistance when greater coordination between federal, state, and local programs is needed; and  (13) Cooperate with the General Assembly and the President's Committee on Employment of People with Disabilities.  
 (a) The Chair of the Governor's Commission on People with Disabilities shall name an executive board from the membership consisting of no more than five (5) members, taking into consideration that consumer representation must be assured.  (b) The Executive Board of the Governor's Commission on People with Disabilities shall be responsible for the following activities:  (1) [Repealed.]  (2) Acting on behalf of the Governor's Commission on People with Disabilities between regular meetings of the full commission;  (3) Establishing a schedule for regular commission meetings and holding such other meetings of the executive board as may be necessary;  (4) Preparing an annual plan of work for the commission, subject to the approval of the commission;  (5) Assuring that commission activities coordinate with those of other public and private agencies responsible for providing services to disabled citizens;  (6) Scheduling a public hearing on any commission-related matter if a hearing is required by state law or deemed necessary by the commission; and  (7) Establishing such subcommittees as may be necessary to carry out the powers and duties of the commission.    
 (a) The Executive Board of the Governor's Commission on People with Disabilities shall establish such subcommittees as it determines necessary.  (b) Membership of subcommittees shall not be limited to members of the Governor's Commission on People with Disabilities.  (c) Subcommittees shall maintain written records of their activities and submit them to the Chair of the Governor's Commission on People with Disabilities.  
 (a) The appropriate division as determined by the Director of Arkansas Rehabilitation Services, the Secretary of the Department of Commerce, or any other agency or division as the Governor shall designate shall provide administrative support to the Governor's Commission on People with Disabilities.  (b) A representative of the secretary shall be appointed as director to effect the coordination between the division and the Chair of the Governor's Commission on People with Disabilities in the arrangement of the support.  
 (a) The Governor's Commission on People with Disabilities may receive any gifts, grants, or donations made for any of the purposes of its program.  (b) The commission may disburse and administer the gifts, grants, and donations in accordance with the conditions established by the Executive Board of the Governor's Commission on People with Disabilities.  
 (a) It is the policy of this state to accord individuals with visual, hearing, or other physical disabilities all rights and privileges of other persons with respect to the use of public streets, highways, sidewalks, public buildings, public facilities, public carriers, public housing accommodations, public amusement and resort areas, and other public areas to which the public is invited, subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter for individuals with visual, hearing, or other physical disabilities.  (b) It is further the policy of this state that individuals with visual, hearing, or other physical disabilities shall be employed in state service, in the service of political subdivisions of this state, in the public schools, and in all other employment supported in whole or in part by public funds, on the same terms and conditions as individuals with visual, hearing, or other physical disabilities, unless it is shown that the visual, hearing, or other physical disability of a person prevents the performance of the work involved.  
 Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with the admittance to or enjoyment of public facilities and housing accommodations by an individual with visual, hearing, or other physical disabilities or otherwise interferes with the rights of an individual with visual, hearing, or other physical disabilities shall be guilty of a misdemeanor. 
 (a) Individuals with visual, hearing, or other physical disabilities shall have the same rights and privileges as other persons to the full use and enjoyment of:  (1) The public streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places;  (2) All common carriers and other public conveyances or modes of transportation, whether by air, land, or water;  (3) All hotels, motels, lodging places, and housing accommodations;  (4) Other places of public accommodation, amusement, or resort; and  (5) All other places to which the general public is invited.    (b) The rights and privileges are subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter with respect to individuals with visual, hearing, or other physical disabilities.  
 (a) Every individual with visual, hearing, or other disabilities has the right to be accompanied by a service animal especially trained to do work or to perform tasks for the benefit of an individual with a disability in or upon any and all public ways, public places, and other public accommodations and housing accommodations prescribed in  20-14-303 and to be accompanied by a service dog as defined in Title II and Title III of the Americans with Disabilities Act of 1990, 42 U.S.C.  12101 et seq., as it existed on January 1, 2017, and shall not be required to pay any extra fee or charge for the service animal.  (b) However, any individual with visual, hearing, or other physical disabilities accompanied by a service animal in any public way, public place, public accommodation, or housing accommodation shall be liable for any damage caused to the premises or facilities by the animal.  (c) As used in this section, search and rescue dog means any dog:  (1) In training for or trained for the purpose of search and rescue;  (2) Owned by an independent handler or a member of a search and rescue team; and  (3) Used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.    (d) Any person who without just cause purposely kills or injures any service animal described in this section or any search and rescue dog is guilty of a Class D felony.  (e) Any person who kills or injures any service animal described in this section or any search and rescue dog shall make restitution to the owner of the animal.  
 (a) Individuals with visual, hearing, or other physical disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rental, lease, or compensation in this state subject only to the conditions and limitations established by law and applicable alike to other persons.  (b) The provisions of this section with respect to the rights of individuals with visual, hearing, or other physical disabilities to equal access to housing accommodations shall not be deemed to include any accommodations in a facility which is designed and used primarily as a single family residence and a portion of which is rented, leased, or furnished for compensation.  (c) Nothing in this section shall be deemed to require any person renting, leasing, or otherwise providing housing accommodations for compensation to modify his or her accommodations in any way or to provide a higher degree of care for an individual with visual, hearing, or other physical disabilities than for an individual without visual, hearing, or other physical disabilities.  
 The driver of a vehicle approaching a person with a visual or hearing disability who is carrying a cane which is predominately white or metallic in color with or without a red tip or using a guide or hearing ear dog or the driver of a vehicle approaching a person with another physical disability shall take all reasonable precautions to avoid injury to the pedestrian with visual, hearing, or other physical disabilities. 
 (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.  
 (a) An individual with visual, hearing, or other physical disabilities and his or her guide, signal, or service dog or a dog trainer in the act of training a guide, signal, or service dog shall not be denied admittance to or refused access to the following because of the dog:  (1) Any street or highway;  (2) Any sidewalk or walkway;  (3) Any common carrier, airplane, motor vehicle, railroad train, bus, streetcar, boat, or any other public conveyance or mode of transportation;  (4) Any hotel, motel, or other place of lodging;  (5) Any public building maintained by any unit or subdivision of government;  (6) Any building to which the general public is invited;  (7) Any educational facility or college dormitory;  (8) Any restaurant or other place where food is offered for sale to the public; or  (9) Any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Arkansas.    (b) The individual with visual, hearing, or other physical disabilities, or dog trainer in the act of training a guide, signal, or service dog shall not be required to pay any additional charges for his or her guide, signal, or service dog but shall be liable for any damage done to the premises by the dog.  
 (a)  (1) Before filing a civil action or petition for injunctive relief based on a claim that an entity's website does not conform with applicable law, codes, guidelines, or standards regulating the functionality of an entity's website to accommodate a person with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C.  12101 et seq., the aggrieved party shall notify the entity in writing of the aggrieved party's allegation that the website does not comply with applicable law, codes, guidelines, or standards regulating the functionality of an organization's website to accommodate persons with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C.  12101 et seq., and the specific violations that the aggrieved party asserts.  (2) The specific violations alleged in the written notice under subdivision (a)(1) of this section shall include without limitation the alleged violation, alleged harm, and date of alleged harm.  (3) The notice shall be sent by certified mail with return receipt requested at least one hundred twenty (120) days before the filing of a petition for injunctive relief.  (4) The lack of the written notice under or compliance with this subsection may be used as a basis for dismissal by a court and may be used by a court as a mitigating factor in any remedy ordered by the court.    (b)  (1) An entity that corrects the website that is allegedly in violation as described in the written notice under subsection (a) of this section within one hundred twenty (120) days of receipt of the written notice under subsection (a) of this section may use that fact as an affirmative defense to a civil action or petition for injunctive relief.  (2) The affirmative defense under subdivision (b)(1) of this section shall be proven by a preponderance of the evidence and may not be rebutted.  (3) A defendant in a civil action or petition for injunctive relief that prevails in that action due to the raising and successful proving of the affirmative defense under subdivision (b)(1) of this section shall be entitled to all reasonable costs of litigation, including attorney's fees.    
 (a) An individual shall not misrepresent an animal to be a service animal or service animal-in-training to a person or entity that operates a public accommodation.  (b) An individual who violates subsection (a) of this section may be subject to a civil penalty not to exceed two hundred fifty dollars ($250) for each violation.  
 (a) The General Assembly finds that there is an urgent and substantial need to:  (1) Enhance the development of infants and toddlers with developmental delays and to minimize their potential for developmental delay;  (2) Reduce the educational costs to our society, including our state's schools, by minimizing the need for special education and related services after the infants and toddlers with developmental delays reach school age;  (3) Minimize the likelihood of institutionalization of infants and toddlers with developmental delays and to maximize the potential for their independent living in society; and  (4) Enhance the capacity of families to meet the special needs of their infants and toddlers with developmental delays.    (b) It is therefore the policy of this state to:  (1) Develop and implement a statewide, comprehensive, coordinated, multidisciplinary interagency program of early intervention services for infants and toddlers with developmental delays and their families;  (2) Coordinate payment for early intervention services from federal, state, local, and private sources, including public and private insurance coverage; and  (3) Provide quality early intervention services and to expand and improve existing early intervention services being provided to infants and toddlers with developmental delays and their families.    
 As used in this subchapter:   (1) Council means the State Interagency Council;  (2) Developmental delay means a child is delayed in any one (1) or more of the following areas:  (A) Physical development;  (B) Cognitive development;  (C) Language and speech development;  (D) Psycho-social development; or  (E) Self-help skills;    (3) Early intervention services means developmental services which:  (A) Are provided under public supervision through licensure or for accreditation by the appropriate state agency;  (B) Are provided at no cost except when federal or state law, rules, or regulations provide for a system of payments by families, including a schedule of sliding fees;  (C) Are designed to meet the developmental needs of an infant with disabilities or a toddler with disabilities in any one (1) or more of the following areas:  (i) Physical development;  (ii) Cognitive development;  (iii) Language and speech development;  (iv) Psycho-social development; or  (v) Self-help skills;    (D) Meet the standards of the state, including the requirements in this section;  (E) Include:  (i) Family training, counseling, and home visits;  (ii) Special habilitation and education instruction;  (iii) Speech pathology and audiology;  (iv) Occupational therapy such as fine motor skills;  (v) Physical therapy;  (vi) Psychological services;  (vii) Case management services at the service delivery level;  (viii) Medical services for diagnostic or evaluation purposes;  (ix) Early identification, screening, and assessment services; and  (x) Health services necessary to enable the infant or toddler to benefit from other early intervention services;    (F) Are provided by qualified personnel, including:  (i) Certified special educators or training technicians supervised by special educators;  (ii) Speech and language pathologists and audiologists;  (iii) Occupational therapists;  (iv) Physical therapists;  (v) Psychologists;  (vi) Social workers;  (vii) Nurses;  (viii) Nutritionists; and  (ix) Physicians; and    (G) Are provided in conformity with an individualized family service plan adopted in accordance with this subchapter; and    (4) Infants and toddlers with developmental delays means individuals from birth through two (2) years of age, inclusive, who need early intervention services because they:  (A) Are experiencing developmental delays as measured by appropriate diagnostic instruments and procedures in one (1) or more of the following areas:  (i) Cognitive development;  (ii) Physical development;  (iii) Language and speech development;  (iv) Psycho-social development; or  (v) Self-help skills; or    (B) Have a diagnosed physical or mental condition which has a high probability of resulting in developmental delay or are at risk of having substantial delays if early intervention services are not provided.    
 (a) A statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing appropriate early intervention services to all developmentally delayed infants and toddlers and their families shall include the minimum components under subsection (b) of this section.  (b) The statewide system required by subsection (a) of this section shall include, at a minimum:  (1) A definition of the term developmentally delayed that shall be used by the state in carrying out programs under this section;  (2) Timetables for ensuring appropriate early intervention services available to all developmentally delayed infants and toddlers in the state consistent with the federal timetables for the implementation of Pub. L. No. 99-457;  (3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each developmentally delayed infant and toddler in the state and the needs of the families to appropriately assist in the development of the developmentally delayed infant or toddler;  (4) For each developmentally delayed infant and toddler in the state, an individualized family service plan in accordance with federal regulations under Pub. L. No. 99-457, including case management services in accordance with the service plan;  (5) A comprehensive child-find system, consistent with federal requirements, including a system for making referrals to service providers that includes timelines and provides for the participation by primary referral sources;  (6) A public awareness program focusing on early identification of infants and toddlers with developmental delays;  (7) A central directory which includes early intervention services, resources, and experts available in the state, and research and demonstration projects being conducted in the state;  (8) A comprehensive system of personnel development;  (9) A single line of responsibility in a lead agency designated or established by the Governor for carrying out:  (A) The general administration and supervision of programs and activities receiving assistance under Pub. L. No. 99-457, and the monitoring of programs and activities used by the state to carry out Part H of Pub. L. No. 99-457, whether or not such programs or activities receive Part H assistance, to ensure that the state complies with the requirements of Part H of Pub. L. No. 99-457;  (B) The identification and coordination of all available resources within the state from federal, state, local, and private sources;  (C) The assignment of financial responsibility to the appropriate agency;  (D) The development of procedures to ensure that services are provided to infants and toddlers with developmental delays and their families in a timely manner pending the resolution of any disputes between public agencies or service providers;  (E) The resolution of intraagency and interagency disputes; and  (F) The entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services, consistent with state law, and procedures for resolving disputes that include all additional components necessary to ensure meaningful cooperation and coordination;    (10) A policy pertaining to the contracting or making of other arrangements with service providers to provide early intervention services in the state, consistent with the provisions of this section, including the contents of the application used and the conditions of the contract or other arrangements;  (11) A procedure for securing timely reimbursement of funds;  (12) Procedural safeguards with respect to programs;  (13) Policies and procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out this subchapter are appropriately and adequately prepared and trained, including:  (A) The establishment and maintenance of standards which are consistent with any state-approved or state-recognized certification, licensing, registration, or other comparable requirements which apply to the area in which personnel are providing early intervention services; and  (B) To the extent that the standards are not based on the highest requirements in the state applicable to a specific profession or discipline, the steps the state is taking to require the retraining or hiring of personnel who meet appropriate professional requirements in the state;    (14) A system for compiling data on the numbers of infants and toddlers with disabilities and their families in the state in need of appropriate early intervention services, which may be based on a sampling of data, the number of such infants and toddlers and their families served, the types of services provided, which may be based on a sampling of data, and other information required by the United States Secretary of Education;  (15) A process for increasing early intervention services and developing services in unserved areas by giving existing providers an opportunity to provide additional services in their service areas and by implementing a request for a proposal process for developing services in areas where there is no existing provider; and  (16)  (A) An interagency agreement entered into by the Department of Health and the Department of Human Services providing that the names and addresses from birth records of the infants or toddlers and their families who, based on the information ascertainable from those birth records, are eligible for early intervention services shall be made available between these agencies.  (B) The agency requesting or receiving confidential information pursuant to the interagency agreement shall take appropriate measures to protect and maintain the confidentiality of the information and shall not release or disclose the information except as necessary to accomplish the objectives of the system.      
 (a) Each infant or toddler with disabilities and the infant's or toddler's family shall receive:  (1) Multidisciplinary assessment of unique needs and the identification of services appropriate to meet these needs; and  (2) A written individualized family service plan developed by a multidisciplinary team, including the parent or guardian, as required by subsection (d) of this section.    (b) The individualized family service plan shall be evaluated one (1) time a year, and the family shall be provided a review of the plan at six-month intervals, or more often when appropriate, based on infant or toddler and family needs.  (c) The individualized family service plan shall be developed within a reasonable time after the assessment required by subdivision (a)(1) of this section is completed. With the parent's or guardian's consent, early intervention services may commence before the completion of the assessment.  (d) The individualized family service plan shall be in writing and contain:  (1) A statement of the infant's or toddler's present level of physical development, cognitive development, language and speech development, psycho-social development, and self-help skills, based on acceptable objective criteria;  (2) A statement of the family's strengths and needs relating to enhancing the development of the family's infant or toddler with disabilities;  (3) A statement of the major outcomes expected to be achieved for the infant and toddler and the family, the criteria, procedures, and timeliness used to determine the degree to which progress toward achieving the outcomes is being made, and whether modifications or revisions of the outcomes are necessary;  (4) A statement of specific early intervention services necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services;  (5) The projected dates for initiation of services and the anticipated duration of the services;  (6) The name of the case manager from the profession most immediately relevant to the infant's, toddler's, or family's needs who will be responsible for the implementation of the plan and coordination with the other agencies and persons; and  (7) The steps to be taken supporting the transition of the disabled toddler to services provided to three-year-olds to five-year-olds to the extent that such services are considered appropriate.    
 (a) In addition to using funds provided under this subchapter to plan, develop, and implement the statewide system required by Pub. L. No. 99-457, the state shall use these funds:  (1) For direct services for infants and toddlers with disabilities that are not otherwise provided from other public or private sources; and  (2) To expand and improve on services for infants and toddlers with disabilities that are otherwise available.    (b) A maximum of ten percent (10%) of these funds may be used during the first year for central agency and State Interagency Council expenses.  
 The procedural safeguards shall be the same as required under Pub. L. No. 94-142 and Pub. L. No. 99-457 and shall provide the following at a minimum:   (1)  (A) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding a complaint shall have the right to bring a civil action with respect to the complaint which may be brought in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.  (B) In any action brought under this subdivision (1), the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and shall grant relief as the court determines is appropriate, basing its decision on the preponderance of the evidence;    (2) The right to confidentiality of personally identifiable information which shall be protected through procedures such as appropriate access lists, sign-offs, and procedures for handling records;  (3) The opportunity for parents or guardians to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan;  (4) Procedures to protect the rights of the infants and toddlers with disabilities whenever the parents or guardian of the child is not known or is unavailable or whenever the child is a ward of the state. The procedures shall include the assignment of an individual who shall not be an employee of the state agency providing services to act as a surrogate for the parents or guardian;  (5) Written prior notice to the parents or guardian of the infant or toddler with a disability whenever the state agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, placement, or provision of appropriate early intervention services to the infant or toddler with a disability;  (6) Procedures designed to assure that the notice required by subdivision (5) of this section fully informs the parents or guardian in the parents' or guardian's native language unless it clearly is not feasible to do so, of all procedures available pursuant to this section; and  (7) During the pendency of any proceeding or action involving a complaint, unless the state agency and the parents or guardian otherwise agree, the child shall continue to receive the appropriate early intervention services currently being provided, or if applying for initial services, shall receive the services not in dispute.  
 (a) Funds provided under the Pub. L. No. 99-457 grant may not be used to satisfy a financial commitment for services which would have been paid for from another public or private source but for the enactment of Pub. L. No. 99-457, except that, whenever considered necessary to prevent the delay in the receipt of appropriate early intervention services by the infant or toddler or family in a timely fashion, funds provided under this subchapter may be used to pay the provider of services pending reimbursement from the agency which has ultimate responsibility for the payment.  (b) Nothing in this subchapter shall be construed to permit the state to reduce medical or other assistance available or to alter eligibility under Title V of the Social Security Act, relating to maternal and child health, or Title XIX of the Social Security Act, relating to Medicaid for infants and toddlers with disabilities, within the state.  
 (a)  (1) A State Interagency Council composed of at least fifteen (15) members with a maximum of twenty-five (25) members is established.  (2) The council members and the cochairs of the council shall be appointed by the Governor for a term of three (3) years. One (1) cochair shall be the parent of a child specified in subdivision (b)(1) of this section. In making appointments to the council, the Governor shall ensure that the membership reasonably represents the population of the state.    (b) The council shall be composed of the following:  (1) At least twenty percent (20%) of the membership shall include parents, including minorities, of infants and toddlers with disabilities, or a child with a disability who is twelve (12) years of age or younger, with knowledge of or experience with programs for infants and toddlers with disabilities, and at least one (1) of the members shall be a parent of a child who is six (6) years of age or under;  (2) At least twenty percent (20%) of the members shall be public or private providers of early intervention services;  (3) At least one (1) member shall be a member of the General Assembly;  (4) At least one (1) member shall be involved in personnel preparation;  (5) At least one (1) member shall be from an agency involved in the provision of or payment for early intervention services to infants and toddlers with disabilities and their families;  (6) At least one (1) member shall be from the state educational agency responsible for preschool services to children with disabilities and shall have sufficient authority to engage in policy planning and implementation on behalf of the agency;  (7) At least one (1) member shall be from the state agency responsible for the Arkansas Medicaid Program;  (8) At least one (1) member shall be a representative from a Head Start agency or similar program in the state;  (9) At least one (1) member shall be a representative from a state agency responsible for child care;  (10) At least one (1) member shall be from the state agency responsible for the regulation of health insurance;  (11) At least one (1) member shall be a representative designated by the Office of Coordinator for Education of Homeless Children and Youths;  (12) At least one (1) member shall be a representative from the state child welfare agency responsible for foster care; and  (13) At least one (1) member shall be a representative from the state agency responsible for children's mental health.    (c) The council shall meet at least quarterly and in those places that it deems necessary. The meetings shall be publicly announced and, to the extent appropriate, open and accessible to the general public.  (d) The council shall:  (1) Advise and assist the lead agency designated in  20-14-503(b)(9) in the performance of the responsibilities set out in Pub. L. No. 99-457 and in preparation of the budget required, particularly the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the interagency agreements;  (2) Advise and assist the lead agency in the preparation of applications and amendments thereto; and  (3) Prepare and submit an annual report to the Governor and to the United States Secretary of Education on the status of early intervention programs for infants and toddlers with disabilities and their families which are operated within the state.    (e) No member shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under state law.  (f) The members shall not receive compensation for their services as members but may receive expense reimbursement in accordance with  25-16-901 et seq.  
 It is the intent of the General Assembly to ensure that the notification of all head-injured persons be made to the Brain Injury Alliance of Arkansas 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. 
 Head injury or traumatic head injury means any insult to the brain not of a degenerative or congenital nature, but caused by an external physical force, that may produce a diminished or altered state of consciousness which results in impairment of cognitive abilities or physical functioning. It can also result in the disturbance of behavioral or emotional functioning. These impairments may be either temporary or permanent and cause partial or total functional disability or psychosocial maladjustment. 
 (a) The Brain Injury Alliance of Arkansas is a nonprofit organization devoted entirely to persons who have suffered head injuries. It is an affiliate of the United States Brain Injury Alliance. The alliance shall establish and maintain a central registry of head-injured disabled persons.  (b)  (1) Every public and private health and social agency and attending physician shall report to the alliance within five (5) calendar days after an identification of any head-injured disabled person. However, the consent of the individual shall be obtained before making this report, except that every head injury resulting in permanent partial, permanent total, or total disability shall be reported to the alliance immediately upon identification.  (2) The report shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the alliance.  (3)  (A) Within fifteen (15) days of the report and identification of a head-injured person, the alliance shall furnish the Department of Health all available information for use in any information system on injuries maintained by the department.  (B) The alliance shall not release the identity of the patient, reporting physician, or hospital. However, the identity of the patient shall be released upon written consent of the patient or parent or guardian of the patient, the identity of the reporting physician shall be released upon written consent of the reporting physician, and the identity of the hospital shall be released upon written consent of the hospital.      
 (a) Within fifteen (15) days of the report and identification of a head-injured disabled person, the Brain Injury Alliance of Arkansas shall notify the disabled person or the most immediate family members of their right to assistance from the state, the services available, and the eligibility requirements.  (b) The alliance shall refer severely disabled persons to appropriate divisions, departments, and other state agencies to ensure that maximum available rehabilitative services, if desired, are obtained by the head-injured disabled person.  (c) All other agencies of the state shall cooperate with the Governor's Commission on People with Disabilities to ensure that appropriate total rehabilitative and other services are available.  
 (a) The General Assembly finds that:  (1)  (A) The practice of interpreting affects the public health, safety, and welfare and civic, economic, social, academic, and recreational aspects of life.  (B) Therefore, the practice of interpreting should be subject to licensure and regulation to protect the public's interest;    (2) Individuals who are deaf, deafblind, hard of hearing, or oral deaf, individuals with disabilities who use special techniques in order to communicate, and individuals whose primary language is sign language have a civil right to effective communication;  (3) Individuals with hearing disabilities and those with whom they communicate require and are entitled to competent, reliable interpreting services; and  (4) The availability of competent, reliable, credentialed interpreting services is necessary for individuals with hearing disabilities to realize their right to full and equal participation in society.    (b) The purposes of this subchapter are to:  (1) Provide minimum qualifications for interpreters and to ensure that members of the interpreting profession perform with a high degree of competency;  (2) Regulate the practice and licensure of interpreters for individuals who are deaf, deafblind, hard of hearing, or oral deaf; and  (3) Impose penalties for persons who violate this subchapter or the rules adopted under this subchapter.    
 As used in this subchapter:   (1) Cued speech means the system of handshapes that represent groups of consonant sounds and hand placements that represent groups of vowel sounds that is used with natural speech to represent a visual model of spoken language;  (2) Deaf individual means an individual who has a documented hearing loss so severe that the individual is unable to process speech and language through hearing, with or without amplification;  (3) Deaf interpreter means a deaf individual who facilitates communication between another deaf person and a licensed qualified interpreter or between two (2) or more deaf persons;  (4) Deafblind individual means an individual who has a combined loss of vision and hearing that prevents the individual's vision or hearing from being used as a primary source for accessing information;  (5) Hard of hearing individual means an individual who has a hearing loss, may primarily use visual communication, and may use assistive devices;  (6) Interpret means to provide language equivalency between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf using techniques that include without limitation:  (A) American Sign Language;  (B) English-based sign language;  (C) Cued speech; and  (D) Oral interpreting;    (7) Interpreting agency means an entity that provides qualified interpreter services for a fee;  (8) Licensed provisional interpreter means an individual who is deaf, licensed under this subchapter;  (9) Licensed qualified interpreter means an individual licensed under this subchapter;  (10) Oral deaf individual means an individual whose sense of hearing is nonfunctional for the purpose of communication and whose primary method of communication is speech reading and spoken English; and  (11) Oral interpreting means the use of oral transliteration with special techniques to make the English language visible for persons who communicate as speech readers.  
 (a)  (1) A person who is not licensed under this subchapter and who pleads guilty or nolo contendere to or is found guilty of holding himself or herself out to the public as a licensed qualified interpreter is guilty of a violation and shall be fined not less than one hundred dollars ($100) and not more than five hundred dollars ($500).  (2) If a person who pleads guilty or nolo contendere to or is found guilty of a violation under subdivision (a)(1) of this section complies with this subchapter within thirty (30) days after pleading guilty or nolo contendere to or being found guilty of a violation under subdivision (a)(1) of this section, the court shall suspend the fine under subdivision (a)(1) of this section.    (b) An interpreting agency that pleads guilty or nolo contendere to or is found guilty of knowingly hiring or providing interpreting services for an individual who is deaf, deafblind, hard of hearing, or oral deaf through an individual not licensed under this subchapter is guilty of a violation and shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).  
 (a) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf is created within the Department of Health.  (b) The board shall consist of seven (7) members appointed by the Secretary of the Department of Health as follows:  (1) Four (4) licensed qualified interpreters appointed from a list of eight (8) submitted by the Arkansas Registry of Interpreters for the Deaf, Inc. in conjunction with the Arkansas Association for the Deaf;  (2) Two (2) members appointed from a list of four (4) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are deaf persons, hard of hearing persons, or oral deaf persons not licensed under this subchapter; and  (3) One (1) member appointed from a list of two (2) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are neither individuals who are deaf, deafblind, hard of hearing, or oral deaf and who are not licensed under this subchapter.    (c)  (1) Each member shall serve a term of three (3) years.  (2) A member shall not serve more than two (2) consecutive terms.    (d) Four (4) members of the board constitute a quorum for the transaction of business of the board.  (e) If a vacancy occurs on the board, the secretary shall appoint to complete the term vacated a person who possesses the same qualifications as those required for the position to which he or she is appointed.  
 (a) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf shall:  (1) Recommend rules for the operation of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf to the State Board of Health; and  (2)  (A) Hold meetings at the offices of the Department of Health in Little Rock or at other places as the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf may determine.  (B) The department shall provide meeting facilities and staff for meetings of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf.      (b) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf shall review and recommend to the Secretary of the Department of Health:  (1) Acceptance or rejection of applications for licensure and renewal of licenses for interpreters for the deaf, deafblind, hard of hearing, and oral deaf;  (2) Criteria for issuance and renewal of licenses for licensed qualified interpreters;  (3) Criteria for issuance and continuance of provisional licenses;  (4) Fees for licensure and licensure renewal under this subchapter;  (5) Suspension or revocation of licenses under this subchapter;  (6) Procedures for receiving and investigating complaints under the Arkansas Administrative Procedure Act,  25-15-201 et seq.;  (7) Rules to ensure that an interpreting agency provides only licensed qualified interpreters for services under this subchapter;  (8) Rules regarding conflicts of interest regarding members of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf;  (9)  (A) A code of professional conduct.  (B) The code of professional conduct shall provide, at a minimum, that:  (i) A licensed qualified interpreter shall make a true interpretation in an understandable manner to an individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the licensed qualified interpreter is appointed and that the licensed qualified interpreter will interpret accurately the statements of the individual who is deaf or hard of hearing who desires that his or her statements be made in English to the best of the licensed qualified interpreter's skill and judgment; and  (ii) All information that a licensed qualified interpreter gathers, learns from, or relays to an individual who is deaf, deafblind, hard of hearing, or oral deaf during an administrative, civil, or criminal proceeding shall remain confidential and privileged unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons; and      (10) A continuing education program for licensed qualified interpreters.    
 (a) After consideration of the recommendation of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf, the Secretary of the Department of Health shall:  (1) Issue or deny a license or a renewal of license of a licensed qualified interpreter;  (2) Issue or deny a license or a renewal of a licensed provisional interpreter license;  (3) Confirm or overrule a recommendation to revoke or suspend a license for an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf;  (4) Create and maintain a registry of licensed qualified interpreters; and  (5) Establish reasonable fees for licensure and renewal of licensure.    (b) Before a rule is promulgated under this subchapter, the proposed rule shall be presented to the Legislative Council.  
 (a) A licensed qualified interpreter shall meet criteria established under this subchapter for interpreters, including without limitation certification or credentialing by the:  (1) Arkansas Rehabilitation Services Quality Assurance Screening Test;  (2) Educational Interpreter Performance Assessment;  (3) National Association of the Deaf;  (4) National Cued Speech Association;  (5) Registry of Interpreters for the Deaf, Inc.; or  (6) Texas Board for Evaluation of Interpreters.    (b) A licensed provisional interpreter license may be issued to a deaf interpreter who meets criteria established under this subchapter.  (c) A license issued under this subchapter is valid for one (1) year.  
 (a) Except as provided in subsection (b) of this section, it is unlawful for an individual to use the title licensed qualified interpreter or licensed provisional interpreter or to hold himself or herself out as an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf unless the individual using the title holds a license under this subchapter.  (b) Subsection (a) of this section does not apply to:  (1) A person who interprets for an individual who is deaf, deafblind, hard of hearing, or oral deaf during a religious service;  (2) A nonresident interpreter who holds a credential or a certificate valid in another state who interprets in Arkansas less than twenty (20) days per year;  (3) A person who interprets during an emergency; or  (4) A person who is an interpreter intern or a student in training who is:  (A) Enrolled in and pursuing a degree in interpreting at an accredited institution of higher education; or  (B) Interpreting under the supervision of a licensed qualified interpreter as part of a supervised program of study.      
 The State Board of Health shall adopt rules to implement this subchapter. 
 The General Assembly finds and declares that:   (1) Breast cancer, according to the American Cancer Society, is the second leading cause of death among women in the United States;  (2) One (1) American woman in ten (10) will develop breast cancer in her lifetime;  (3) Mammography provides the earliest detection of breast cancer;  (4) Screening using mammography can significantly cut the death rate of women with breast cancer, especially for women with small tumors that have not invaded the lymph nodes and who have a ninety percent (90%) chance of surviving at least five (5) years when such tumors are diagnosed and removed;  (5) Both the American Cancer Society and the National Cancer Institute have developed age and frequency guidelines for mammogram screening, and those guidelines have been incorporated in this subchapter; and  (6) Therefore it is in the best interest for the general health and welfare of the people of the State of Arkansas that legislation be enacted encouraging health insurance coverage for screening mammography.  
 As used in this subchapter:   (1) Accreditation body means a body that has been approved by the United States Secretary of Health and Human Services to accredit mammography facilities under the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 (21 C.F.R. Part 900);  (2) Diagnostic mammography means a problem-solving radiologic procedure of higher intensity than screening mammography provided to a woman who is suspected of having breast pathology. A patient is usually referred for analysis of palpable abnormalities or for further evaluation of mammographically detected abnormalities. All images are immediately reviewed by the physician interpreting the study, and additional views are obtained as needed. A physical examination of the breast by the interpreting physician to correlate the radiologic findings is often performed as part of the study;  (3) Mammography means radiography of the breast; and  (4) Screening mammography means a radiologic procedure provided to a woman who has no signs or symptoms of breast cancer for the purpose of early detection of breast cancer. The procedure entails two (2) views of each breast and includes a physician's interpretation of the results of the procedure.  
 (a) To assure the safety and accuracy of screening and diagnostic mammography and to promote the highest quality imaging in the most efficient setting to contain costs, radiological standards and quality assurance programs shall be established and administered by the Secretary of the Department of Health.  (b) To assist the secretary in establishing the quality standards, there is created an advisory committee to be composed of:  (1) The Director of Mammography at the University of Arkansas for Medical Sciences, or his or her designee;  (2) The Chair of the Breast Screening Project of the Arkansas Division of the American Cancer Society, or his or her designee;  (3) A physician appointed by the Arkansas Medical Society, Inc., or his or her designee;  (4) A health physicist from the Radiation Control Section of the Department of Health, or his or her designee;  (5) A medical physicist with experience and training in mammography procedures appointed by the secretary;  (6) A registered X-ray technologist with experience and training in mammography practices and procedures appointed by the secretary; and  (7) The President of the Arkansas Chapter of the American College of Radiology, or his or her designee.    (c) The committee and the secretary shall continuously review and revise the quality standards in light of current scientific knowledge, but no less frequently than one (1) time every year.  
 (a)  (1) The Secretary of the Department of Health shall establish quality standards for accreditation of facilities wherein mammography may be conducted in accordance with the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 (21 C.F.R. Part 900).  (2) The standards applicable to the physician who interprets mammograms shall not be more stringent than those standards listed in the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 (21 C.F.R. Part 900).    (b)  (1) Such facilities shall be accredited by the Department of Health every three (3) years.  (2) No mammography shall be performed in an unaccredited facility after January 1, 1990.    (c) For facilities accredited by the department, documents of accreditation shall be nontransferable and shall expire three (3) years after being issued or at a time specified by the department.  (d) The owners of any unaccredited facility wherein mammography is performed after January 1, 1990, shall be subject to a civil penalty imposed by the department in an amount not to exceed one hundred dollars ($100) for each day the facility operates without accreditation by the department.  
 (a) As an accreditation body, the Department of Health may charge and collect the following fees:  (1) First mammography tube, seven hundred dollars ($700) to be collected at the beginning of each three-year accreditation period;  (2) Each additional mammography tube, five hundred dollars ($500) to be collected at the beginning of each three-year accreditation period; and  (3) Each additional review of clinical images and phantoms, one hundred dollars ($100) to be collected at the time of submission of clinical images and phantoms for review, except that the maximum annual cost for additional review of clinical images and phantoms shall not exceed three hundred dollars ($300).    (b)  (1) The department may prorate the accreditation fee for a mammography tube that is accredited for less than the three-year accreditation period.  (2) The department may bill on an annual basis for one-third (1/3) of the accreditation fee.    (c)  (1) All revenue derived from fees collected pursuant to this section shall be deposited into the State Treasury and credited to the Public Health Fund.  (2) 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 that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose in any following fiscal year.    
 The Department of Health may operate a mammography quality standards certification program in accordance with the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 (21 C.F.R. Part 900), to:   (1) Issue initial and renewal certificates to mammography facilities;  (2) Conduct inspections and determine compliance of certified facilities; and  (3) Impose sanctions, to include:  (A) Suspension or revocation of certification;  (B) Injunctions to restrict unsafe or illegal activities in mammography facilities; and  (C) Civil penalties.    
 The purpose of this subchapter is to provide a statewide coordinated early intervention program to identify and follow up with testing and treatment of newborn infants who are at risk for hearing impairment. 
 As used in this subchapter:   (1) [Repealed.]  (2) Newborn infant with hearing impairment means a newborn infant who has a disorder of the auditory system of any type or degree causing a hearing impairment sufficient to interfere with the development of language and speech skills;  (3) Newborn infants at risk means those newborn infants who are at risk for hearing impairment because they have one (1) or more risk factors;  (4) [Repealed.]  (5) Risk factors are those criteria or factors, any one (1) of which identifies a newborn infant as being at risk for hearing impairment, as determined by the Department of Health and set forth in rules promulgated by the department;  (6) Screening infants for hearing impairment means a procedure for employing a device for identifying a disorder of the auditory system, but the procedure may not necessarily provide a comprehensive determination of hearing thresholds in the speech range. Such a procedure may include auditory brainstem response screening or other devices approved by the department; and  (7) Screening report means a report by a facility providing screening for hearing impairment which identifies each newborn infant who has been screened for hearing impairment.  
 (a) There is established in the Department of Health a program to be known as the Newborn Infant Hearing Screening Program. The program shall provide for the early identification and follow-up of newborn infants at risk.  (b) The program shall include:  (1) Development through the promulgation of rules and criteria or factors to identify those newborn infants who are at risk for hearing impairment or of developing a progressive hearing impairment;  (2) Creation of a Hearing Impairment Registry to include, but not be limited to, the identification of newborn infants at risk for hearing impairment, infants with hearing impairment, and infants at risk of developing a progressive hearing impairment;  (3) Development of a hearing impairment at-risk questionnaire. The instrument shall be provided by the department to hospitals, birthing centers, and lay midwives for use in the program;  (4) Development of appropriate written materials regarding hearing impairment. The materials shall be provided to hospitals, birthing centers, and lay midwives for their use in the program;  (5) Development of a means of establishing contact with parents, guardians, and physicians of newborn infants with hearing impairment, of newborn infants at risk, and of infants at risk of developing a progressive hearing impairment;  (6) Establishment of a telephone hotline to communicate information about hearing impairment, hearing screening, audiological evaluation, and other services for infants with hearing impairment;  (7) Development of a screening report to be used by all facilities screening infants for hearing impairment to provide information to the department for a tracking system for newborn infants at risk; and  (8) A data collection system.    
 (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.  
 (a) The hospital, birthing center, or lay midwife may elect to provide for the screening of infants for hearing impairment but is not required to do so by this subchapter.  (b) Any facility screening infants for hearing impairment shall forward test results on a screening report to the Department of Health by the fifteenth of the month following the month in which the test was conducted.  (c) Any facility screening infants for hearing impairment shall provide information on locations at which medical and audiological follow-up can be obtained by the parents or guardians of infants with hearing impairment.  
 The Department of Health, the Division of Elementary and Secondary Education, and the Department of Human Services shall work cooperatively and develop a plan to coordinate early educational and rehabilitative services for newborn infants identified as hearing impaired. 
 Any person or entity who reports in good faith and without malice or who in good faith and without malice fails to report the information required by this subchapter shall have immunity from any liability, civil or criminal, that might be incurred or imposed in any action resulting from such a report. Any such person or entity shall have the same immunity with respect to participation in any judicial proceeding resulting from such a report. 
 As used in this subchapter, provider means any healthcare professional who has direct or supervisory responsibility for the delivery of immunizations. 
 (a)  (1) The Department of Health shall establish a statewide immunization registry.  (2) Immunization records shall include data as specified by the department.    (b) The department may make information in the registry available to the parents or guardians of a child, to providers who report on the immunization status of children in their care, and to such other persons or organizations designated by rule of the State Board of Health.  (c) The board shall adopt rules to implement this subchapter, including provisions for confidentiality of medical information.  (d) The department may enter into data-sharing agreements with federal, state, and local jurisdictions as well as the nations that are part of the Compact of Free Association islands to ensure effective surveillance and better immunization planning.  
 (a)  (1) A provider shall register with the Department of Health the intent to administer childhood immunizations to an individual under twenty-two (22) years of age under guidelines established by the department.  (2) A provider shall report to the department the administration of a childhood immunization to an individual under twenty-two (22) years of age.  (3) A provider may report the administration of adult immunizations to individuals twenty-two (22) years of age or older to the department.    (b) A provider who administers a childhood immunization and fails to register with the department or make the required reports to the department, or both, shall be fined twenty-five dollars ($25.00).  
 This act shall be known and may be cited as the Breast Cancer Act of 1997. 
 The General Assembly finds and declares as follows:   (1) Breast cancer is a significant threat to the health of women. Breast cancer is the most common form of cancer in women and causes the death of a woman in the United States every twelve (12) minutes;  (2) The incidence of breast cancer continues to increase at a dramatic rate. During the past decade, the incidence has increased by thirty percent (30%). In 1960, one (1) woman in twenty (20) developed breast cancer over the course of her lifetime. By 1992, the probability had increased to one (1) woman in eight (8). At the current rate of increase, in the year 2000, one (1) woman in six (6) will develop breast cancer over the course of her lifetime. Presently, breast cancer claims the lives of over four hundred seventy (470) women in Arkansas each year;  (3) Breast cancer exacts an enormous economic toll on our society, including over two billion dollars ($2,000,000,000) in direct medical costs, and over eight billion dollars ($8,000,000,000) in both direct medical and indirect costs;  (4) Medical experts still do not know the cause of breast cancer or how to prevent breast cancer;  (5) The State of Arkansas must take the lead in combatting the increasingly rapid spread of breast cancer and the current lack of knowledge with respect to breast cancer's cause and cure and effective methods of prevention; and  (6) It is the intent of the General Assembly in enacting this act to fund essential research and services with respect to the cause, cure, detection and prevention of breast cancer, and breast cancer education.  
 There is established in the University of Arkansas a Breast Cancer Research Program. This program shall support research efforts into the cause, cure, treatment, earlier detection, and prevention of breast cancer and shall be administered according to the following principles:   (1) The program shall fund innovative research and the dissemination of successful research findings, with special emphasis on research that complements, rather than duplicates, the research funded by the United States Government and other entities;  (2)  (A) All research grants shall be awarded on the basis of the research priorities established for the program and the scientific merit of the proposed research as determined by a peer review process governed by the Oversight Committee on Breast Cancer Research.  (B) The committee shall consist of seven (7) members appointed by the Governor, as follows:  (i) One (1) shall be appointed to represent the Arkansas Medical Society, Inc.;  (ii) One (1) shall represent the Arkansas Hospital Association, Inc.;  (iii) One (1) shall represent the medical oncology community;  (iv) One (1) shall be a women's health advocate; and  (v) Three (3) shall represent the University of Arkansas system.    (C) Each of the four (4) congressional districts shall be represented by at least one (1) member.  (D) The members shall serve for a period of four (4) years;    (3) The peer review process for the selection of research grants awarded under this program shall be generally modeled on that used by the National Institutes of Health in its grant-making process, and the peer review process may stipulate that an applicant shall have participated in an established grant process before applying for a grant under this subchapter;  (4) An awardee shall be awarded grants for the full or partial cost of conducting the sponsored research grants and contracts; and  (5) All intellectual property assets developed under this program shall be treated in accordance with state and federal law.  
 (a)  (1) There is hereby established a Breast Cancer Control Advisory Board, which shall consist of eight (8) members appointed by the Governor, as follows:  (A) One (1) member shall be appointed to represent the Arkansas Medical Society, Inc.;  (B) One (1) member shall represent the Arkansas Chapter of Susan G. Komen;  (C) One (1) member shall represent the Arkansas Hospital Association, Inc.;  (D) One (1) member shall represent the American Cancer Society;  (E) One (1) member shall represent the Arkansas Nurses Association;  (F) One (1) member shall represent the medical oncology community;  (G) One (1) member shall represent the radiation oncology community; and  (H) One (1) member shall be a women's health advocate.    (2) Each of the four (4) congressional districts shall be represented by at least one (1) member.  (3) The members shall serve for a period of four (4) years.    (b)  (1) There is established in the Department of Health the Breast Cancer Control Program. This program shall provide for the early detection, diagnosis, and treatment of breast cancer.  (2) The program shall be administered according to the following principles:  (A) The program shall provide for breast cancer education and awareness so as to ensure early detection and conduct surveillance activities across the state;  (B) The program shall provide screening of women for breast cancer, including mammography, as an early detection healthcare measure;  (C) After screening, the program shall provide medical referrals and financial assistance for services necessary for definitive diagnoses, including nonradiological techniques and biopsy; and  (D) If a positive diagnosis is made, the program shall provide the necessary advocacy and financial assistance to help the person obtain necessary treatment.      
 This subchapter may be cited as the Osteoporosis Prevention Education Act of 1997. 
 It is found and determined by the General Assembly that:   (1) Osteoporosis, a bone-thinning disease, is a major public health problem that poses a threat to the health and quality of life of as many as twenty-five million (25,000,000) Americans;  (2) The annual direct and indirect costs of osteoporosis to the healthcare system are estimated to be as high as eighteen billion dollars ($18,000,000,000) in 1993 and are expected to rise above sixty billion dollars ($60,000,000,000) in the year 2020;  (3) Since osteoporosis progresses silently and currently has no cure, prevention, early diagnosis, and treatment are keys to reducing the prevalence of devastation from this disease;  (4) Experts in the field of osteoporosis believe that with greater awareness of the value of prevention among medical experts, service providers, and the public, osteoporosis will be preventable and treatable in the future, thereby reducing the costs of long-term care and improving the quality of life for all Americans; and  (5) Educating the public and the healthcare community throughout the State of Arkansas about this potentially devastating disease is of paramount importance and is in every respect in the public interest and to the benefit of all Arkansans.  
 (a) The Department of Health shall coordinate with other agencies and organizations as funds become available to establish, promote, and maintain an osteoporosis prevention and treatment education program in order to raise public awareness, to educate consumers, to educate and train health professionals and service providers, and to carry out other purposes.  (b) For purposes of administering this subchapter, the State Health Officer shall do all of the following:  (1) Identify the appropriate entities to carry out an osteoporosis prevention and treatment education program;  (2) Work to improve the capacity of community-based services to osteoporosis patients;  (3) Work with governmental offices, community and business leaders, community organizations, healthcare and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of prevention, education, and treatment of osteoporosis; and  (4) Identify and, as funds become available, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis.    (c) As funds become available, the department shall use the following strategies for raising public awareness on the causes and nature of osteoporosis, the personal risk factors, the value of prevention and early detection, and the options for diagnosing and treating the disease:  (1) An outreach campaign utilizing print, radio, and television public service announcements, advertisements, posters, and other materials;  (2) Providing health information and risk factor assessment in regard to osteoporosis at public events;  (3) Targeting populations at risk for osteoporosis;  (4) Providing reliable information about osteoporosis to policy makers;  (5) Distributing information through county health departments, schools, area agencies on aging, employer wellness programs, physicians, hospitals and health maintenance organizations, women's groups, nonprofit organizations, and community-based organizations; and  (6) Any other strategy for raising public awareness about osteoporosis that is consistent with the provisions of this subchapter.    (d) As funds become available, the department shall use the following strategies for educating and training physicians, health professionals, and community service providers in regard to the most up-to-date, accurate scientific and medical information on osteoporosis prevention, diagnosis, and treatment, therapeutic decision-making about osteoporosis, guidelines for detecting and treating osteoporosis in special populations, and risks and benefits of medications and research advances:  (1) Identify and obtain educational materials for the professional healthcare provider which translate the latest scientific and medical information into clinical applications;  (2) Raise awareness among professional healthcare providers as to the importance of osteoporosis prevention, early detection, treatment, and rehabilitation; and  (3) Provide workshops and seminars for in-depth professional development in the field of the care and management of the patient with osteoporosis.    
 The Department of Health may evaluate any or all of the following:   (1) The research on osteoporosis being conducted within the state;  (2) The available technical assistance, educational materials, and osteoporosis programs nationwide;  (3) The level of public and professional awareness about osteoporosis;  (4) The needs of osteoporosis patients, their families, and their caregivers;  (5) The needs of healthcare providers, including physicians, nurses, and managed care organizations, in regard to caring for the osteoporosis patient;  (6) The services available to the osteoporosis patient;  (7) The existence of osteoporosis treatment programs;  (8) The existence of osteoporosis support groups; and  (9) The existence of rehabilitation services for osteoporosis patients.  
 The purpose of this subchapter is to:   (1) Provide early detection of hearing loss by physiological measurement in newborn children at the birthing facility or as soon after birth as possible;  (2) Enable these children and their families and caregivers to obtain needed multidisciplinary evaluation, treatment, and intervention services at the earliest opportunity;  (3) Prevent or mitigate the developmental delays and academic failures associated with late identification of hearing loss; and  (4) Provide the state with the information necessary to effectively plan, establish, and evaluate a comprehensive system of appropriate services for newborns and infants who have a hearing loss or are deaf.  
 As used in this subchapter:   (1) Birth admission means the time after birth that the newborn remains in the hospital nursery before discharge;  (2) Birthing hospital means any hospital located within the State of Arkansas that delivers newborns;  (3) [Repealed.]  (4) [Repealed.]  (5) [Repealed.]  (6) Follow-up care and follow-up screening means the follow-up services provided by a licensed audiologist to diagnose a hearing loss;  (7) Hearing loss means an impairment that is a dysfunction of the auditory system of any type or degree sufficient to interfere with acquisition and development of speech and language skills;  (8) Hearing screening means a bilateral physiological measurement of hearing on a newborn or infant;  (9) Infant means a child thirty (30) days to twelve (12) months old;  (10) Intervention means amplification by a licensed audiologist as required and early intervention services described in Part H of the Individuals with Disabilities Education Act as in effect January 1, 1999;  (11) Newborn means a child up to twenty-nine (29) days old;  (12) Parent means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child;  (13) Program means the Universal Newborn Infant Hearing Screening, Tracking, and Intervention Program; and  (14) Provider means an audiologist licensed by the State of Arkansas who administers initial newborn and infant hearing screenings upon referral from a hospital or physician or follow-up screenings outside of the hospital setting.  
 (a) There is created the Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board.  (b)  (1) The board shall be composed of seven (7) members appointed by the Governor, after consulting the Arkansas Speech-Language-Hearing Association, Inc., from the following professions or groups:  (A) One (1) audiologist;  (B) One (1) audiologist from the Department of Health;  (C) One (1) audiologist from Arkansas Children's Hospital;  (D) One (1) speech-language pathologist;  (E) One (1) pediatrician-neonatologist or ear, nose, and throat physician;  (F) One (1) adult who is deaf or hard of hearing to represent consumer organizations for deaf and hard of hearing persons; and  (G) One (1) consumer of services who is a parent of a child or children with hearing loss.    (2) Appointments made by the Governor under this subsection shall be subject to confirmation by the Senate.    (c)  (1) Members shall be appointed for three-year staggered terms to be assigned by lot.  (2) The terms shall commence on January 15 of each year.    (d) The board shall annually select by a majority vote one (1) of its members to serve as a chair and one (1) to serve as vice chair.  (e) The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty, or for any malfeasance in office.  (f) The board shall act by majority vote and as required by the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (g) The board shall have the authority to recommend rules to implement this subchapter, and the department shall promulgate these rules.  (h)  (1) The board shall hold its first meeting within thirty (30) days of July 30, 1999, at a place designated by the department.  (2) Subsequent meetings shall be held quarterly at the call of the Chair of the Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board or as often as necessary to make recommendations to the department so that the rules implementing this subchapter can be promulgated by July 1, 2000.  (3) The board shall complete an annual report for the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor which provides information such as, but not limited to, the number of hospitals in compliance with this subchapter, the number of hearing-impaired infants identified, and the availability of follow-up services.    (i) The department shall provide administrative support services required by the board.  (j) Members shall not be entitled to compensation for their services but may receive expense reimbursement and a stipend in accordance with  25-16-901 et seq.  
 (a) After July 30, 1999, and promulgation of rules, every birthing hospital in this state with more than fifty (50) births per year shall provide or arrange for a bilateral physiological hearing screening on each birth admission. Medicaid shall reimburse the birthing hospital for the physiological screening with the reimbursement equal to that amount paid outpatient providers for the same service in addition to the current rate of per diem paid to the hospital.  (b) Any birthing hospital, provider, or physician administering initial hearing screenings to newborns and infants shall forward test results on a screening report to the Department of Health by the fifteenth day of the month following the month in which the test was conducted.  (c) Any birthing hospital, provider, or physician screening newborns and infants shall provide information on locations at which medical and audiological follow-up care and follow-up screening can be obtained by the parents or guardians of the newborns and infants.  (d) All providers or physicians completing follow-up screening or follow-up care for the hearing impairment shall forward test results on a screening report to the department by the fifteenth day of the month following the month in which the test was conducted.  
 No test is to be performed if the parent of a newborn or infant dissents on the ground that the test conflicts with a personal religious belief or practice. 
 This subchapter shall be known and may be cited as the Arkansas Colorectal Cancer Screening Initiative Act. 
 (a) The General Assembly finds that:  (1)  (A) In 2015, colorectal cancer was the second leading cause of cancer death in Arkansas.  (B) An estimated one thousand five hundred eighty-two (1,582) new cases of colorectal cancer were diagnosed in Arkansas during 2015.  (C) An estimated one thousand three hundred seventy (1,370) new cases of colorectal cancer will be diagnosed in Arkansas during 2018.  (D) An estimated six hundred (600) Arkansans will have colorectal cancer listed as the cause of death in 2018.  (E) Arkansas presently has higher incidences of colorectal cancer and higher rates of death resulting from colorectal cancer than the national average.  (F) A 2015 cancer surveillance study published in the Journal of Cancer Epidemiology, Biomarkers, and Prevention by R.L. Siegel et al. indicates that the higher rates of colorectal cancer are experienced in the following seventeen (17) counties:  (i) Randolph;  (ii) Clay;  (iii) Mississippi;  (iv) Poinsett;  (v) Woodruff;  (vi) Cross;  (vii) Crittenden;  (viii) Lee;  (ix) Monroe;  (x) Arkansas;  (xi) Phillips;  (xii) Desha;  (xiii) Chicot;  (xiv) Drew;  (xv) Jefferson;  (xvi) Dallas; and  (xvii) Jackson;      (2)  (A) Screening for colorectal cancer may identify the precursors of cancer before the disease begins and the precursors may be removed, thus preventing the emergence of most colorectal cancer.  (B) Currently, only sixty-five percent (65%) of Arkansans who are at risk for colorectal cancer or who are above fifty (50) years of age have been screened.  (C) On April 19, 2016, Governor Asa Hutchinson signed the 80% by 2018 pledge dedicating his commitment to increase colorectal cancer screenings to eighty percent (80%) by 2018.  (D) Arkansas presently ranks forty-sixth in the nation for colorectal screenings among individuals who are fifty (50) years of age or older; and    (3) The Colorectal Cancer Control Demonstration Project created in the Colorectal Cancer Act of 2005, Acts 2005, No. 2236 [repealed], produced findings indicating that:  (A)  (i) Statewide only fifty percent (50%) of adults over fifty (50) years of age have received colorectal cancer screening within the recommended time interval and thirty-five percent (35%) have never been screened.  (ii) Screening rates are twenty-five percent (25%) lower in underserved areas of the state where healthcare services, health insurance coverage, educational attainment, and household income are limited;    (B)  (i) Forty percent (40%) of Arkansans who should be screened for colorectal cancer have never received physician advice to be screened.  (ii) An individual in an underserved area of the state is less likely to receive appropriate advice about effective screening methods than an individual in a better-served area of the state;    (C)  (i) Fewer than forty percent (40%) of Arkansas citizens know that periodic screening for colorectal cancer should start at fifty (50) years of age.  (ii) Fifty-six percent (56%) of Arkansas citizens rate themselves as being at low risk for colorectal cancer.  (iii) Forty-two percent (42%) of Arkansas citizens identify cost as a significant barrier to screening; and    (D)  (i) Eighty-one percent (81%) of low-income patients enrolled in the Colorectal Cancer Control Demonstration Project successfully completed colorectal screening.  (ii) A statewide screening program for underserved individuals could reduce colorectal cancer incidence among screened individuals by thirty-two percent (32%), reduce five-year mortality risk by twenty-five percent (25%), and reduce colorectal cancer treatment costs by fifty-four percent (54%).        (b) This subchapter is intended to reduce the physical and economic burden of colorectal cancer in Arkansas.  
 As used in this subchapter, high risk means:   (1) An individual over forty-five (45) years of age or who faces a high risk for colorectal cancer because of:  (A) The presence of one (1) or more polyps on a previous colonoscopy, barium enema, or flexible sigmoidoscopy;  (B) Family history of colorectal cancer;  (C) Genetic alterations of hereditary nonpolyposis colon cancer or familial adenomatous polyposis;  (D) Personal history of colorectal cancer, ulcerative colitis, or Crohn's disease; or  (E) The presence of any appropriate recognized gene markers for colorectal cancer or other predisposing factors; and    (2) Any additional or expanded definition of persons at high risk for colorectal cancer as recognized by medical science and determined by the Secretary of the Department of Health in consultation with the University of Arkansas for Medical Sciences.  
 (a) There is created the Arkansas Colorectal Cancer Screening Initiative in the Department of Health, if funds are available.  (b) The Winthrop P. Rockefeller Cancer Institute at the University of Arkansas for Medical Sciences may collaborate with the department and the Arkansas Cancer Coalition in conducting the initiative, which shall be administered through the department.  (c)  (1) The initiative shall be designed in conformity with federal law and regulations regarding a program for prevention, early detection, and treatment of colorectal cancer.  (2) Funds shall not be used to supplant funds already available for prevention, early detection, and treatment of colorectal cancer.    (d) A contract may be made under this subchapter only if:  (1) In providing screenings for colorectal cancer, priority is given to individuals who lack adequate coverage under health insurance and health plans for screenings for colorectal cancer;  (2) Screenings are carried out as preventive health measures in accordance with evidence-based screening guidelines and procedures;  (3) A payment made through the initiative for a screening procedure will not exceed the amount specified under federal law and regulations regarding a grant program for prevention, early detection, and treatment of colorectal cancer;  (4) Funds shall not be spent to make payment for any item or service if that payment has been made or can reasonably be expected to be made:  (A) Under a state compensation program, an insurance policy, or a federal or state health benefits program; or  (B) By an entity that provides health services on a prepaid basis; and    (5) Fiscal controls and fund accounting procedures are established to ensure proper disbursal of and accounting for amounts received under this subchapter.    (e) Upon request, the department shall provide records maintained under this subchapter to the appropriate federal oversight agency.  (f) The initiative shall be implemented statewide.  
 The Arkansas Colorectal Cancer Screening Initiative funded under this subchapter shall:   (1) Provide screenings and diagnostic tests for colorectal cancer to individuals who are:  (A) Forty-five (45) years of age or older; or  (B) Under forty-five (45) years of age and at high risk for colorectal cancer;    (2) Provide appropriate case management and referrals for medical treatment of individuals screened under the initiative created in this subchapter;  (3) Directly or through coordination or an arrangement with healthcare providers or programs ensure the full continuum of follow-up and cancer care for individuals screened in the initiative, including without limitation:  (A) Appropriate follow-up for abnormal test results;  (B) Diagnostic services;  (C) Therapeutic services; and  (D) Treatment of detected cancers and management of unanticipated medical complications;    (4) Carry out activities to improve the education, training, and skills of health professionals, including allied health professionals in the detection and control of colorectal cancer;  (5) Establish mechanisms to monitor the quality of screening and diagnostic follow-up procedures for colorectal cancer;  (6) Create and implement appropriate monitoring systems to monitor, including without limitation:  (A) The number of facilities in the state that provide screening services in accordance with evidence-based screening guidelines and procedures;  (B) Physicians, including family practitioners, gastroenterologists, and surgical endoscopists who perform colonoscopies in the state and the regions of the state in which the physicians practice;  (C) Differences in cost across facilities as compared to Medicare payment for procedures; and  (D) Available resources for follow-up diagnostics and treatment as needed;    (7) Develop and disseminate findings derived from the monitoring systems;  (8) Develop and disseminate public information and education programs for the detection and control of colorectal cancer and for promoting the benefits of receiving screenings for the public and for healthcare professions, to include without limitation education concerning:  (A) High-risk populations;  (B) Target populations; and  (C) The uninsured and underinsured;    (9) Develop provider-oriented programs to promote routine implementation of screening guidelines and patient-oriented programs to increase utilization of screening and diagnostic services; and  (10) Make records of initiative activities and expenditures available to the Department of Health.  
 The Department of Health shall accumulate such data concerning cancer in Arkansas and its residents as is deemed appropriate for the purposes of describing the frequency of cancer, furnishing reports to health professionals and the public, and for planning and evaluating cancer prevention and control programs. The data shall be collected under the authority of rules promulgated by the State Board of Health. 
 A task force consisting of public and private entities shall be established by the Secretary of the Department of Health to assist the Department of Health in developing a strategic plan for a coordinated, comprehensive, statewide network of cancer resources, services, and programs. 
 Information accumulated and maintained in the Arkansas Central Cancer Registry shall not be divulged except as statistical information which does not identify individuals and for purposes of such research as approved by the State Board of Health. 
 (a) The Department of Health may enter into agreements with other states and federal organizations authorized to exchange registry data.  (b) The agreements shall prohibit divulging information to entities without prior approval of the department.  
 The Department of Health may receive gifts, grants, and donations for the purposes of this subchapter. 
 The Department of Human Services and the Department of Health shall collaborate to identify goals and benchmarks while also developing individual entity plans to reduce the incidence of diabetes in Arkansas, improve diabetes care, and control complications associated with diabetes. 
 The Department of Human Services and the Department of Health shall submit a report to the Legislative Council by January 10 of each even-numbered year, including without limitation the following:   (1) The financial impact and reach that diabetes of all types are having on each agency, localities, and the state, including without limitation:  (A) The number of individuals with diabetes that are impacted or covered by the agency;  (B) The number of individuals with diabetes and family members who are impacted by prevention and diabetes control programs implemented by the agency;  (C) The financial toll or impact diabetes and its complications places on the program; and  (D) The financial toll or impact diabetes and its complications places on the program in comparison to other chronic diseases and conditions;    (2) An assessment of the benefits of implemented programs and activities that:  (A) Aims at controlling diabetes and preventing the disease; and  (B) Documents the amount and source for funding directed to the agency or entity from the General Assembly for programs and activities aimed at reaching individuals with diabetes;    (3) A description of the level of coordination existing among the agencies and other entities of activities, programs, and messages on managing, treating, or preventing all forms of diabetes and its complications;  (4)  (A) The development or revision of detailed action plans for battling diabetes with a range of actionable items for consideration by the General Assembly.  (B) The plans shall identify:  (i) Proposed actions to reduce the impact of diabetes, prediabetes, and related complications caused by diabetes;  (ii) Expected outcomes of the actions proposed; and  (iii) Benchmarks for controlling and preventing relevant forms of diabetes; and      (5) The development of a detailed budget blueprint:  (A) Identifying needs, costs, and resources required to implement the plan identified in subdivision (4) of this section; and  (B) Including a budget range for all options presented in the plan identified in subdivision (4) of this section for consideration by the General Assembly.    
 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. 
 This subchapter shall be known and may be cited as the Right to Try Act. 
 It is found and determined by the General Assembly of the State of Arkansas that:   (1) The process of approval for investigational drugs, biological products, and devices in the United States often takes many years;  (2) Patients who have a terminal disease do not have the luxury of waiting until an investigational drug, biological product, or device receives final approval;  (3) The standards of the United States Food and Drug Administration for the use of investigational drugs, biological products, and devices may deny the benefits of potentially life-saving treatments to terminally ill patients;  (4) The State of Arkansas recognizes that patients who have a terminal disease have a fundamental right to attempt to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices; and  (5) The use of available investigational drugs, biological products , or devices is a decision that should be made by the patient with a terminal disease in consultation with his or her physician.  
 As used in this subchapter:   (1) Eligible patient means a person who meets the requirements of eligibility in  20-15-2104;  (2) Investigational drug, biological product, or device means a drug, biological product, or device that:  (A) Has successfully completed phase I of clinical trials but has not been approved for general use by the United States Food and Drug Administration; and  (B) Remains currently under investigation in a United States Food and Drug Administration clinical trial;    (3) Physician means an individual licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq.; and  (4) Terminal illness means an incurable and irreversible condition that without the administration of life-sustaining treatment will, in the opinion of the patient's physician, result in death within a relatively short time.  
 In order for a patient to access an investigational drug, biological product, or device under this subchapter, a physician must document in the patient's medical record and chart that the patient:   (1) Has a terminal illness;  (2) Has a determination from a qualified physician that the patient has no comparable or satisfactory treatment options approved by the United States Food and Drug Administration available to treat the terminal illness and that the probable risk to the patient from the investigational drug, biological product, or device is not greater than the probable risk from the terminal illness;  (3) Has been unable to participate in a clinical trial for the terminal illness within one hundred (100) miles of the patient's home address or has not been accepted to the clinical trial within one (1) week of the completion of the clinical trial application process;  (4) Has been given a prescription by a physician for an investigational drug, biological product, or device;  (5)  (A) Has given informed consent in writing for the use of the investigational drug, biological product, or device.  (B) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian may provide informed consent on the patient's behalf; and    (6) Has received written documentation from a physician that the patient meets the requirements of this subchapter.  
 A manufacturer of an investigational drug, biological product, or device may, but is not required to, make its investigational drug, biological product, or device available to eligible patients under this subchapter. 
 (a) A manufacturer of an investigational drug, biological product, or device may:  (1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; or  (2)  (A) Require an eligible patient to pay the costs associated with the manufacture of the investigational drug, biological product, or device.  (B) As used in this section, costs associated with the manufacture of the investigational drug, biological product, or device means the actual out-of-pocket costs incurred in providing the investigational drug, biological product, or device to the patient in the specific case.      (b) If a patient dies while being treated by an investigational drug, biological product, or device, the patient's heirs are not liable for any outstanding debt to the manufacturer related to the investigational drug, biological product, or device.  
 An insurance company:   (1) May, but is not required to, provide coverage for an investigational drug, biological product, or device; and  (2) Shall not deny coverage for an item or service that is otherwise covered by an insurance contract between the eligible person and an insurance company.  
 The recommendation, prescription, treatment, or participation in the treatment of a terminal illness with an investigational drug, biological product, or device shall not permit:   (1) A licensing board to revoke a license, fail to renew a license, or take any other action against a physician's license;  (2) A state agency or licensing board to revoke a license, fail to renew a license, or take any other action against:  (A) A medical professional licensed under state law; or  (B) A hospital licensed under  20-9-213; or    (3) An action against a hospital's Medicare certification.  
 The counseling, advice, or recommendation by a medical professional who is licensed under state law is not a violation of this subchapter. 
 (a) Except in the case of gross negligence or willful misconduct, a person or entity that manufacturers, imports, distributes, prescribes, dispenses, administers, or is otherwise involved in the care of an eligible patient using an investigational drug, biological product, or device is immune from civil liability for any loss, damage, or injury arising out of, relating to, or resulting from the investigational drug, biological product, or device so long as the person or entity is substantially complying in good faith with this subchapter.  (b) This subchapter does not require a medical professional who is licensed under the laws of this state to counsel, advise, prescribe, dispense, administer, or otherwise be involved in the care of an eligible patient using an investigational drug, biological product, or device.  (c) This subchapter does not require a hospital licensed under  20-9-213 to provide any service related to an investigational drug, biological product, or device.  
 This subchapter does not require the Department of Human Services or the Arkansas Medicaid Program to provide additional coverage for an investigational drug, biological product, or device. 
 (a) The General Assembly finds:  (1) Alpha-gal allergies are a reaction to galactose-alpha-1, 3-galactose, when the body is overloaded with immunoglobulin E antibodies on contact with the galactose carbohydrate;  (2) Bites from the lone star tick, which transfer this carbohydrate to the victim, have been implicated in the development of this delayed allergic response which is triggered by the consumption of mammalian meat products;  (3) Alpha-gal allergies most often occur in the central and southern states such as Arkansas, where the lone star tick is more prevalent;  (4) A typical allergic reaction to Alpha-gal has a delayed onset, occurring four to eight (4-8) hours after the consumption of mammalian meat products, instead of the typical rapid onset with most food allergies;  (5) Since the reaction to eating mammal meat is delayed by several hours, the proper diagnosis is often missed or the patient is misdiagnosed;  (6) People who are affected by Alpha-gal have to be constantly vigilant about the ingredients they consume, because an allergic reaction can be severe and life-threatening; and  (7) As doctors are not required to report the number of patients suffering with Alpha-gal, the true number of affected individuals is unknown.    (b) The purpose of this subchapter is to:  (1) Promote awareness and encourage efforts to treat Alpha-gal in the state; and  (2) Ensure food safety for individuals with Alpha-gal allergies through better food labeling.    (c) This section shall expire on December 31, 2018.  
 (a) The Task Force on Alpha-gal is created.  (b) The task force shall be composed of the following seventeen (17) members:  (1) One (1) senator appointed by the President Pro Tempore of the Senate;  (2) Two (2) members of the House of Representatives appointed by the Speaker of the House of Representatives;  (3) The Director of the Department of Health or his or her designee, serving as an ex officio, nonvoting member;  (4) The Insurance Commissioner or his or her designee, serving as an ex officio, nonvoting member;  (5) The Secretary of the Arkansas Agriculture Department or his or her designee, serving as an ex officio, nonvoting member;  (6) Three (3) members who are employed by the Department of Health and designated by the Director of the Department of Health;  (7) One (1) member who is designated by the Arkansas Hospitality Association, Inc.;  (8) One (1) member who is designated by the Arkansas State Board of Nursing;  (9) One (1) member who is designated by the Arkansas Pharmacists Association;  (10) One (1) member who is designated by the American Academy of Allergy, Asthma and Immunology;  (11) One (1) member who is designated by the American College of Allergy, Asthma and Immunology;  (12) Two (2) members who are designated by the Division of Agriculture of the University of Arkansas; and  (13) One (1) member who is a patient with a diagnosis of Alpha-gal allergies and who is appointed by the Speaker of the House of Representatives.    (c) The terms of the legislative members of the task force shall expire on December 31, 2018.  (d) Nonlegislative members shall serve at the pleasure of the organizations they represent.  (e) Vacancies on the task force shall be filled in the same manner as provided for the initial appointment.  (f) The chair shall be one (1) of the legislative members of the task force and shall be selected by the legislative members of the task force.  (g) The task force shall meet as often as is deemed necessary by the chair.  (h) The members of the task force shall serve without compensation and shall not receive per diem, mileage, or stipends.  (i) The task force shall receive staff support from the Bureau of Legislative Research.  (j) This section shall expire on December 31, 2018.  
 (a) The Task Force on Alpha-gal shall make recommendations designed to improve and increase knowledge and treatment throughout the state for Alpha-gal, especially for emergency room healthcare professionals.  (b) The task force shall submit a report to the Legislative Council, the Senate Committee on Public Health, Welfare, and Labor, and the House Committee on Public Health, Welfare, and Labor no later than October 1 annually.  (c) This section shall expire on December 31, 2018.  
 (a)  (1) The Department of Health shall establish the Maternal Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths.  (2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department.    (b) The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section.  
 The Maternal Mortality Review Committee shall:   (1) Review pregnancy-associated deaths or deaths of women with indication of pregnancy up to three hundred sixty-five (365) days after the end of pregnancy, regardless of cause, to identify the factors contributing to these deaths;  (2) Identify maternal death cases;  (3) Review medical records and other relevant data;  (4) Contact family members and other affected or involved persons to collect additional relevant data;  (5) Consult with relevant experts to evaluate the records and data;  (6) Make determinations regarding the preventability of maternal deaths;  (7) Develop recommendations for the prevention of maternal deaths, including public health and clinical interventions that may reduce these deaths and improve systems of care; and  (8) Disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public.  
 (a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal Mortality Review Committee to all relevant medical records associated with a case under review by the committee.  (b) A healthcare provider, healthcare facility, or pharmacy providing access to medical records as described by subsection (a) of this section is not liable for civil damages or subject to any criminal or disciplinary action for good faith efforts in providing such records.  
 (a)  (1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person.  (2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal Mortality Review Committee of the case to which they relate.  (3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project.    (b) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department under this subchapter are confidential.  (c)  (1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967,  25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.  (2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings.    (d)  (1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee.  (2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.    
 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. 
 State, local, or regional committee members are immune from civil and criminal liability in connection with their good faith participation in the maternal death review and all activities related to a review with the Maternal Mortality Review Committee. 
 (a) Beginning in 2020, the Maternal Mortality Review Committee shall file a written report on the number and causes of maternal deaths and its recommendations on or before December 31 of each year to:  (1) The Senate Committee on Public Health, Welfare, and Labor;  (2) The House Committee on Public Health, Welfare, and Labor; and  (3) The Legislative Council.    (b) The report shall include:  (1) The findings and recommendations of the Maternal Mortality Review Committee; and  (2) An analysis of factual information obtained from the review of the maternal death investigation reports and any local or regional review panels that do not violate the confidentiality provisions under this subchapter.    (c) The report shall include only aggregate data and shall not identify a particular facility or provider.  
 (a)  (1) The Department of Health shall establish the Maternal and Perinatal Outcomes Quality Review Committee to review data on births and to develop strategies for improving birth outcomes.  (2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department.    (b) The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section.  
 The Maternal and Perinatal Outcomes Quality Review Committee shall:   (1) Create a unified message and strategy that builds on best practices;  (2) Develop clear measurements to evaluate targeted outreach, progress, and return on investment;  (3) Develop recommendations for levels of care by establishing systems designating where infants are born or transferred according to the level of care they need at birth;  (4) Create a system of continuous quality improvement that will include the ability of designated and nondesignated hospitals to compare performance to peer facilities;  (5) Create a collaborative framework, in addition to quality improvement for birthing hospitals that will allow for better outcomes, better overall long-term care, and decreased cost of care; and  (6) Disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public.  
 (a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal and Perinatal Outcomes Quality Review Committee to all relevant medical records associated with a case under review by the committee.  (b) A healthcare provider, healthcare facility, or pharmacy providing access to medical records as described in subsection (a) of this section is not liable for civil damages or subject to any criminal or disciplinary action for good faith efforts in providing such records.  
 (a)  (1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person.  (2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal and Perinatal Outcomes Quality Review Committee of the case to which they relate.  (3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project.    (b) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department under this subchapter are confidential.  (c)  (1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967,  25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.  (2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings.    (d)  (1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee.  (2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.    
 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 and Perinatal Outcomes Quality Review Committee is not a violation of the Health Insurance Portability and Accountability Act of 1996. 
 State, local, or regional members of the Maternal and Perinatal Outcomes Quality Review Committee are immune from civil and criminal liability in connection with their good faith participation in a maternal death review and all activities related to a review with the committee. 
 (a) Beginning in 2020, the Maternal and Perinatal Outcomes Quality Review Committee shall file a written report on maternal and perinatal outcomes and its recommendations on or before December 31 of each year to:  (1) The Senate Committee on Public Health, Welfare, and Labor;  (2) The House Committee on Public Health, Welfare, and Labor; and  (3) The Legislative Council.    (b) The report shall include:  (1) The findings and recommendations of the Maternal and Perinatal Outcomes Quality Review Committee; and  (2) An analysis of factual information obtained from the review of the birth outcome data and local or regional review panels that do not violate the confidentiality provisions under this subchapter.    (c) The report shall include only aggregate data and shall not identify a particular facility or provider.  
 The State Board of Health shall have the power to enforce this subchapter by appropriate action for injunction in the circuit courts of this state. 
 (a)  (1)  (A) All newborn infants shall be tested for phenylketonuria, hypothyroidism, galactosemia, cystic fibrosis, sickle-cell anemia, and spinal muscular atrophy.  (B) In addition, if reliable and efficient testing techniques are available, all newborn infants shall be tested for other genetic disorders by employing procedures approved by the State Board of Health.    (2)  (A) Medicaid shall reimburse the hospital that performs the tests required under subdivision (a)(1) of this section for the cost of the tests.  (B) The reimbursement shall be in addition to the hospital's per diem payments for the newborn infant.      (b) All positive test results shall be sent immediately to the Department of Health.  (c)  (1) The department shall establish and maintain a program of reviewing and following up on positive cases so that measures may be taken to prevent intellectual and other developmental disability or other permanent disabilities.  (2)  (A) Information on newborn infants and their families compiled under this section may be used by the department and persons or public or private entities designated by the department.  (B) Information used under subdivision (c)(2)(A) of this section may not refer to or disclose the identity of any person.    (3) All materials, data, and information received by the department are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967,  25-19-101 et seq.    (d)  (1) The department shall conduct an intensive educational and training program among physicians, hospitals, public health nurses, and the public concerning the disorders covered under this section.  (2) The program shall include information concerning:  (A) The nature of the disorders;  (B) Testing for the detection of these disorders; and  (C) Treatment modalities for these disorders.      (e) The provisions of this section shall not apply if the parents or legal guardian of a newborn infant object to the testing on medical, religious, or philosophical grounds.  (f) Testing for cystic fibrosis under this section shall be implemented only if funding is available.  
 This subchapter shall not apply to any child whose parents or guardian objects thereto on the grounds that it conflicts with the tenets and practices of a recognized church or religious faith of which the parent or guardian is an adherent or member. 
 It shall be the duty of the Department of Health to:   (1) Enforce this subchapter;  (2) Prescribe the tests that may be administered in compliance with this subchapter;  (3) Promulgate rules in conjunction with the Insurance Commissioner establishing:  (A) What persons and institutions shall be required to obtain specimens from newborn infants in compliance with this subchapter;  (B) The amount to be charged by the central laboratory for processing the specimens; and  (C) The method of billing the charges to the persons and institutions;    (4) Furnish copies of this subchapter and the rules promulgated pursuant to this subchapter to physicians, hospitals, or other institutions or persons required by its rules to have tests administered to newborn infants;  (5) Establish a central laboratory and to equip, staff, and operate the laboratory for the purpose of receiving specimens from physicians, hospitals, and institutions, to assure that tests are conducted, and to report findings resulting from the tests;  (6) Monitor positive test results and assist in treatment and care of affected infants, such follow-up procedures to begin no later than ten (10) days from the time a specimen is diagnosed as positive; and  (7) Disseminate information and advice to the public concerning the dangers and effects of phenylketonuria, hypothyroidism, galactosemia, sickle-cell anemia, and all other disorders of metabolism for which screening is performed by or for the State of Arkansas.  
 (a) Every physician practicing medicine in the State of Arkansas shall report to the Department of Health any case or suspected case of Reye's syndrome disease which he or she is attending, or has examined, or for which the physician has prescribed.  (b) The report shall be made as promptly as possible from the time the physician first visits, examines, or prescribes for the patient, and the report shall state the name, age, sex, race, usual residence, place where the patient is to be found, the nature of the disease, the date of onset, and any additional information that the Secretary of the Department of Health may require.  (c) The department shall send a copy of the report to the federal Centers for Disease Control and Prevention together with additional information relating thereto as may be required by the Centers for Disease Control and Prevention.  
 This subchapter shall be known and may be cited as the Sudden Infant Death Syndrome Act. 
 (a) Any sheriff, deputy sheriff, city police officer, state police officer, member of the staff of any public or private hospital, or attending physician with knowledge of the sudden death of a child between the ages of one (1) week and one (1) year who appeared in apparent good health shall immediately report the death to the county coroner or the county sheriff if the county coroner is unavailable, within twenty-four (24) hours after the discovery of the death.  (b) The report shall include facts concerning the time, place, manner, and circumstances surrounding the death.  (c) Upon receipt of the report, the county coroner, or the county sheriff if the county coroner is unavailable, shall report the death to the Department of Health and the Child Abuse Hotline.  
 (a) Upon receipt of the report, the county coroner, or the county sheriff if the county coroner is unavailable, shall request from the parents or guardian of the deceased written permission upon a form provided by the Department of Health for an autopsy to be made to determine the exact cause of death.  (b)  (1) Upon receipt of the permission, the county coroner, or the county sheriff if the county coroner is unavailable, shall notify the department. The department shall arrange for the transportation of the deceased and arrange for an autopsy to be made by a licensed physician in the State of Arkansas and shall arrange for the return transportation of the deceased.  (2) If the parents or guardian shall refuse permission for an autopsy to be made, the death nevertheless shall be reported to the department.    (c)  (1) The results and findings of the autopsy, if any is performed, shall be reported to the parents or guardian of the deceased.  (2) The appropriate finding of cause of death shall be recorded upon the certificate of death in any case and the term sudden infant death syndrome shall be entered on the certificate of death when it is appropriately descriptive of the circumstances and cause of death of the child.    (d) Information concerning sudden infant death syndrome shall be provided by the department to the parents or guardian of an infant whose death has been reported pursuant to this subchapter.  
 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. 
 (a)  (1) It is declared and found that one (1) of the major problems facing medicine and the public health and welfare is the lack of an adequate program to assist in the treatment and cure of persons suffering from chronic kidney disease.  (2) It is estimated that a number of citizens of this state annually are confronted with chronic kidney disease requiring complicated and expensive treatment which is often beyond the financial resources of the individuals.  (3) There is a critical shortage of adequate facilities within the state for the discovery, evaluation, diagnosis, treatment, and cure of individuals suffering from chronic kidney disease.    (b) In order to provide for the care and treatment of persons suffering from acute or chronic kidney disease and in order to encourage and assist in the development of adequate treatment facilities for persons suffering from acute or chronic kidney disease, it is essential that the state develop a program of financial assistance to aid in defraying a portion of the cost for the care and treatment of chronic kidney disease to the extent that the individual suffering from the disease is unable to pay for the services on a continuing basis.  
 (a)  (1) There is established a State Kidney Disease Commission to consist of ten (10) members.  (2) Nine (9) members shall be appointed by the Governor and confirmed by the Senate as follows:  (A) Three (3) members who are knowledgeable in renal medicine and the treatment of end-stage renal disease shall be physicians licensed to practice in Arkansas who are actively engaged in the private practice of medicine in this state;  (B) One (1) member who is knowledgeable in renal medicine and the treatment of end-stage renal disease shall be a physician licensed in Arkansas who is engaged primarily in the institutional practice of medicine;  (C) Two (2) members shall be persons engaged in hospital administrative activities;  (D) Two (2) members shall be named from the public at large, but they shall be individuals who have a demonstrated interest in the treatment and cure of renal diseases; and  (E) One (1) member who shall represent the elderly shall be sixty (60) years of age or older and shall be appointed from the state at large. The member shall not be actively engaged in or retired from any profession, occupation, or industry which is regulated pursuant to this subchapter.    (3) The Secretary of the Department of Health, or his or her designee, shall be a member of the commission and shall serve as secretary of the commission and disbursing officer of funds appropriated to the commission for the treatment and cure of renal diseases.    (b) Members shall be appointed for four-year terms to expire on January 14 of the members' fourth year of the appointed term. Members shall serve until their successors are appointed and qualified.  (c) If a vacancy occurs on the commission due to death, resignation, or other cause, the vacancy shall be filled by appointment of the Governor of a person eligible for the initial appointment, as provided in subsection (a) of this section, for the remainder of the unexpired portion of the term of the member.  (d) The commission shall annually elect one (1) of its members as chair and one (1) of its members as vice chair and such other officers as the commission deems necessary.  (e) The commission shall meet at least one (1) time each calendar quarter and at such other times as may be designated by the commission's rules or upon call by the Chair of the State Kidney Disease Commission or upon written request of any four (4) members.  (f) Members shall serve without pay but may receive expense reimbursement in accordance with  25-16-901 et seq.  (g) Members shall qualify by taking the oath of office as prescribed by law.  
 (a) The State Kidney Disease Commission shall have the following functions, powers, and duties:  (1)  (A)  (i) To establish a program to assist persons suffering from acute or chronic renal failure in obtaining care and treatment requiring kidney dialysis or transplantation.  (ii) Services to assist persons requiring transplantation may include dental services necessary for consideration for transplantation and the copayment of immunosuppressant drugs post transplantation.    (B) The program shall provide financial assistance for persons suffering from chronic renal diseases who require life-saving care and treatment for the renal disease to the extent as determined by the commission that a person is unable to pay for the services on a continuing basis without causing unjust and unusual hardship to himself or herself and his or her immediate family including without limitation a drastic lowering of the standard of living;    (2) To develop standards for determining eligibility for assistance in defraying the cost of care and treatment of renal disease under this program;  (3) To cooperate with hospitals, private groups, and organizations and public agencies in the development of positive programs to bring about financial assistance and support of evaluation and treatment of patients suffering from chronic kidney disease;  (4) To cooperate with the national and state kidney foundations and with medical programs of the state and the United States Government for the purpose of obtaining the maximum amount of federal and private assistance possible in support of a kidney disease treatment program;  (5) To establish criteria and standards for evaluating the financial ability of persons suffering from chronic kidney disease to pay for their own care, including the availability of third-party insurance coverage, for the purpose of establishing standards for eligibility for financial assistance in defraying the cost of the care and treatment from funds appropriated to the commission for renal disease treatment purposes;  (6) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used for the purposes of this subchapter in defraying costs incurred by persons suffering from acute or chronic renal disease who are unable to meet the total cost of life-saving care and treatment for renal disease; and  (7) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used to honor persons who have provided living kidney donations to Arkansans in need of kidney transplantation.    (b) Whereas the current Department of Finance and Administration accounting system will accept current-year refunds, credit the current-year appropriation, and allow expenditure of the funds, the commission, administered by the Arkansas Rehabilitation Services, may accept prior-year refunds and contributions and deposit the funds into the agency cash fund in an account specifically identified as the State Kidney Disease Escrow Account and disbursed for the purchase of additional services for clients served by the commission.  
 (a) In developing rules and in determining standards for determining eligibility for financial assistance to persons suffering from chronic renal diseases who require lifesaving care and treatment for such renal diseases, the State Kidney Disease Commission shall consult with and obtain the advice of the Arkansas Association for Kidney Disease, Inc., a nonprofit corporation organized under the laws of this state. This organization is recognized as the representative body to serve as an advisory association to the commission and to the deputy director of the appropriate division as determined by the Secretary of the Department of Health in carrying out their functions and duties under this subchapter.  (b) Before promulgating rules and eligibility standards, the commission shall consult with the advisory association and shall give consideration to its recommendations in performing its duties under the provisions of this subchapter.  
 (a) The Secretary of the Department of Health shall be the disbursing officer of funds appropriated by the General Assembly and of other funds made available to the State Kidney Disease Commission for such purposes. These funds are to provide monetary assistance to defray the cost incurred by patients suffering from acute or chronic renal disease who are unable to meet the total cost of their care or treatment from their own resources or from third-party resources.  (b) The secretary shall be governed by the policies, rules, and procedures promulgated by the commission in disbursing funds appropriated, or otherwise made available, to the commission for renal disease treatment purposes.  
 As used in this subchapter, active tuberculosis means that the disease is in a communicable or infectious stage as established by chest X-ray, microscopical examination of sputum, or other diagnostic procedures approved by the Secretary of the Department of Health. 
 Any person who violates any of the provisions of this subchapter shall be guilty of a violation and upon conviction shall pay a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100). 
 (a) When the state, county, or city health officer shall have reasonable grounds to believe that any person has tuberculosis in an active state or in a communicable form and who will not voluntarily seek a medical examination or treatment, the health officer may cause the person to be apprehended and detained for the necessary tests and examinations, including an approved chest X ray, sputum examination, and other approved laboratory tests to ascertain the existence of tuberculosis.  (b) If active tuberculosis is found to exist, it shall then be the duty of the health officer to make an investigation of the person to determine whether the environmental conditions of the person or the conduct of the person is suitable for proper isolation or control of the case by any type of local quarantine.  
 (a) If the health officer finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and if the person will not voluntarily seek medical treatment and is a source of danger to others, then the health officer shall petition the circuit court of the county where the person is found to order the admission of the person to any state-owned and state-operated hospital or sanatorium or any other hospital or sanatorium that is equipped to treat tuberculosis under the conditions enumerated in  20-15-707(a).  (b) The health officer shall set forth in a petition a summary of the factual basis of the determination that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and that the person will not voluntarily seek medical treatment and is a source of danger to others.  
 (a) Upon receiving the petition, the court shall fix a date for a hearing on the petition and shall cause notice of the petition, with the time and place for the hearing, to be served personally at least seven (7) days before the hearing upon the person who has tuberculosis and is alleged to be dangerous to others.  (b) While the petition is pending, the person shall be subject to the local quarantine or restrictions of his or her movements placed on him or her by the health officer for the protection of the public health.  
 The petition shall be heard in open court, and the respondent to the petition shall have the privilege of counsel of his or her own selection. 
 (a) If upon hearing of the petition the court finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and that the person will not voluntarily seek medical treatment and is a source of danger to others, the court shall order the commitment of the person to a hospital or sanatorium as petitioned for.  (b) The superintendent of the institution to which the person is committed shall direct that the person be placed apart from others and restrained from leaving the institution.  
 (a) A person who is committed to the hospital or sanatorium under the provisions of this subchapter shall observe all the rules and regulations of the hospital or sanatorium.  (b) The superintendent of the institution may file a complaint in the district court against a person committed to the institution under the provisions of this subchapter who willfully violates the rules and regulations of the institution or who conducts himself or herself in a disorderly manner. A person so charged shall have the legal procedural rights of a person charged with disorderly conduct.  
 (a) The superintendent of the institution to which a person has been committed under this subchapter may discharge the person so committed upon signing and placing among the records of the institution a statement that the person has obeyed the rules and regulations of the institution and that for the reasons set forth in the statement, in his or her judgment the person may be discharged without danger to the health and life of others.  (b) The superintendent of the institution shall report each discharge with a full statement of reasons therefor at once to the Secretary of the Department of Health, to the county health officer of the county where the person was committed, and to the clerk of the court from which the person was committed.  
 (a) A person committed to an institution who is found guilty of violating the rules and regulations of the institution or of conducting himself or herself in a disorderly manner may be confined for a period not to exceed six (6) months in any place where persons convicted of disorderly conduct may be confined.  (b) Any person committed to an institution pursuant to this subchapter, who shall leave or attempt to leave the institution without being properly discharged by the superintendent of the institution or his or her authorized agent, shall be guilty of a misdemeanor and upon conviction shall be imprisoned for a period of not less than six (6) months nor more than one (1) year.  (c) Any person confined or imprisoned pursuant to this section shall be kept separate from the other inmates of the place of confinement. Upon completion of the period of confinement, he or she shall be returned to the hospital or sanatorium where originally committed.  (d) Any person confined or imprisoned pursuant to the provisions of this section may be confined or imprisoned in the hospital or sanatorium where originally committed if facilities for confinement or imprisonment are available at the hospital or sanatorium.  
 (a) The General Assembly recognizes that scoliosis is a terrible disease of the spine which attacks young children during their formative years and that the spinal curvature can be relatively easily detected and should be treated as early as possible.  (b) The General Assembly has determined that the most logical entities to conduct a scoliosis screening program are our private schools, public schools, and other state-supported institutions providing education to our children.  
 Every public elementary and secondary school in this state, every other institution supported by state funds which provides education to our minor children, and all private institutions which provide education to our minor children shall as soon as possible institute a continuing scoliosis screening program to be conducted in accordance with rules promulgated by the State Board of Health. 
 (a) The Division of Elementary and Secondary Education, in coordination with the State Board of Health, shall promulgate rules as soon as possible to implement this subchapter.  (b) The rules shall provide that:  (1) A child is not to be screened if his or her parent or guardian objects to the screening in writing, stating as the basis of the objection that it is contrary to the parent's or guardian's religious beliefs; and  (2) A school is not required to hire personnel on a full-time, part-time, or consultant basis to conduct the screening, but shall utilize school health personnel, volunteers, and other school employees who are not classroom teachers and who meet the qualifications prescribed by the rules.    
 (a) The Department of Health shall institute an acquired immune deficiency syndrome (AIDS) testing program whereby any citizen may be tested for the virus without charge.  (b) The program shall be so devised as to maintain secrecy as to the identification of persons voluntarily participating in the program.  
 The Division of Elementary and Secondary Education, the University of Arkansas for Medical Sciences, and the Department of Health shall jointly provide counseling and shall also conduct public seminars designed to educate the public regarding acquired immune deficiency syndrome (AIDS). 
 (a) Before receiving any healthcare services of a physician or dentist, any person who is found to have human immunodeficiency virus (HIV) infection shall advise the physician or dentist that the person has human immunodeficiency virus (HIV) infection.  (b) Any person failing or refusing to comply with the provisions of subsection (a) of this section shall be guilty of a Class A misdemeanor and punished accordingly.  
 (a) A person with acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies is infectious to others through the exchange of body fluids during sexual intercourse and through the parenteral transfer of blood or blood products and under these circumstances is a danger to the public.  (b) A physician whose patient is determined to have acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies shall immediately make a report to the Department of Health in the manner and form as the department shall direct.  (c)  (1) All information and reports in connection with persons suffering from or suspected to be suffering from the diseases specified in this section shall be regarded as confidential by every person, body, or committee whose duty it is or may be to obtain, make, transmit, and receive information and reports.  (2) However, any prosecuting attorney of this state may subpoena information as may be necessary to enforce the provisions of this section and  5-14-123 and 16-82-101, provided that any information acquired pursuant to the subpoena shall not be disclosed except to the courts to enforce this section.    
 (a) As used in this section:  (1) Affected individual means a healthcare provider, employee of a health facility, or emergency response worker who is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of another individual;  (2) Emergency response worker means:  (A) Paramedics;  (B) Emergency response employees;  (C) Firefighters;  (D) First response workers;  (E) Emergency medical technicians;  (F) Emergency medical services personnel;  (G) Volunteers making an authorized emergency response;  (H) Law enforcement officers and personnel; and  (I) A person rendering services as a Good Samaritan under the Good Samaritan law,  17-95-101;    (3) Healthcare provider means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind;  (4) Health facility means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution;  (5) HIV means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome (AIDS);  (6) Person includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility, or other legal entity; and  (7) Test or HIV test means a test to determine the presence of the antibody or antigen to HIV or of HIV infection.    (b)  (1) Consent is not required for a healthcare provider or health facility to perform a test when a healthcare provider, employee of a health facility, or emergency response worker is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his or her medical judgment.  (2)  (A) The results of the test shall be provided by a representative of the health facility performing the test to:  (i) The affected individual;  (ii) The individual tested;  (iii) The affected individual's physician, with the consent of the affected individual; and  (iv) The physician of the individual tested, with the consent of the individual tested.    (B) Appropriate counseling shall be provided along with the test results.      (c)  (1) Informed consent, information, and counseling are not required for the performance of an HIV test when, in the judgment of the physician, the testing is medically indicated to provide an appropriate diagnosis and treatment to the subject of the test, provided that the subject of the test has otherwise provided his or her consent to the physician for medical treatment.  (2) If confirmatory testing is positive for evidence of HIV infection, the patient shall be informed.    (d) Healthcare providers or facilities may not deny appropriate care based upon the results of an HIV test.  (e)  (1) Notwithstanding any other law to the contrary, no person who performs a test pursuant to subsection (b) or subsection (c) of this section shall be subject to civil or criminal liability for doing so.  (2) Notwithstanding any other law to the contrary, no person who discloses a test result in accordance with the provisions of subsection (b) of this section shall be subject to civil or criminal liability. However, nothing in this section shall be construed to limit the confidentiality for AIDS testing provided by  20-15-901 or other provision of law unless testing is conducted pursuant to this section.    
 (a) Reports shall be made to the Department of Health in the form and manner as may be required by the department for all persons who have been determined to have acquired immunodeficiency syndrome or who have tested positive for the presence of human immunodeficiency virus antigen or antibodies.  (b) Reporting is required by the following persons:  (1) Physicians;  (2) Hospital infection control practitioners and the chairs of hospital infection control committees;  (3) Directors of laboratories doing business in the State of Arkansas;  (4) Medical directors of in-home health agencies;  (5) Program directors of state agencies to whom a human immunodeficiency virus or acquired immunodeficiency syndrome diagnosis has been disclosed;  (6) Nursing home medical directors; and  (7) Those other persons as are required by the rules of the department.    (c) Notwithstanding this section or any other law, the privileged communications provisions under  17-103-107 and 17-103-108 are not repealed.  
 This section and  20-15-908 and 20-15-909 shall be known and may be cited as the Human Immunodeficiency Virus (HIV) or Acquired Immunodeficiency Syndrome (AIDS) Medications Act of 2001. 
 It is found and determined by the General Assembly that:   (1) The citizens of Arkansas suffering from human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) should have access to the latest drug therapies;  (2) The continued spread of human immunodeficiency virus (HIV) is a danger to the public health of Arkansas;  (3) Proper treatment of individuals living with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) who are pregnant can significantly decrease the possibility of infecting their unborn children;  (4) Infection rates among Arkansas citizens can be curtailed by the proper administration of drug therapies to those infected with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS);  (5) The continued medical costs associated with illnesses related to human immunodeficiency virus (HIV) are a threat to the medical infrastructure of Arkansas;  (6) The quality of life of those individuals affected by human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), along with the quality of life of their family members, can be enhanced through continuing drug therapies;  (7) There is a pressing and immediate need for the distribution of medications for human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); and  (8) This section and  20-15-907 and 20-15-909 can help meet these needs by furnishing financial assistance, subject to the availability of funds, to citizens of Arkansas suffering from human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).  
 The State Board of Health shall promulgate rules to provide for the distribution of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) medications to Arkansas citizens without ample resources or available avenues to acquire their medically necessary medications. 
 (a) A physician may distribute information regarding organ and tissue donation to a pregnant woman when the unborn fetus is diagnosed with a fatal fetal condition which will result in death within three (3) months of birth.  (b) The information shall include:  (1) The telephone number, address, and website information for the Arkansas Regional Organ Recovery Agency, Inc.; and  (2) The steps in the process of organ and tissue donation.    (c) The physician shall document in writing that the information has been distributed to the pregnant woman.  
 As used in this subchapter:   (1) Asexual reproduction means reproduction not initiated by the union of oocyte and sperm;  (2) Embryo means an organism of the species Homo sapiens from the single cell stage to eight (8) weeks of development;  (3) Fetus means an organism of the species Homo sapiens from eight (8) weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism;  (4) Human cloning means human asexual reproduction, accomplished by introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism;  (5) Oocyte means the human female germ cell, the egg; and  (6) Somatic cell means a diploid cell, having a complete cell of chromosomes, obtained or derived from a living or deceased human body at any stage of development.  
 (a) It is unlawful for any person or entity, public or private, to intentionally or knowingly:  (1) Perform or attempt to perform human cloning;  (2) Participate in an attempt to perform human cloning;  (3) Ship, transfer, or receive for any purpose an embryo produced by human cloning; or  (4) Ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of human cloning.    (b) A violation of subdivision (a)(1) of this section or a violation of subdivision (a)(2) of this section, or both, is a Class C felony.  (c) A violation of subdivision (a)(3) of this section or a violation of subdivision (a)(4) of this section, or both, is a Class A misdemeanor.  (d)  (1) In addition to any criminal penalty that may be levied, any person or entity that violates any provision of this section shall be subject to a fine of not less than two hundred fifty thousand dollars ($250,000) or two (2) times the amount of any pecuniary gain that is received by the person or entity, whichever is greater.  (2) All fines collected shall be placed into the general revenues of the State of Arkansas.    
 (a) This subchapter does not restrict areas of scientific research not specifically prohibited by this subchapter, including research into the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans.  (b) This subchapter does not apply to in vitro fertilization, the administration of fertility-enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant so long as that procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.  
 This subchapter does not create a private right of action. 
 This subchapter shall be known and may be cited as the Unborn Child Pain Awareness and Prevention Act. 
 As used in this subchapter:   (1)  (A) Abortion means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a female known to be pregnant.  (B) However, abortion does not include the termination of a pregnancy if the termination is intended to:  (i) Increase the probability of a live birth;  (ii) Preserve the life or health of the child after live birth; or  (iii) Remove a dead fetus who died as the result of a spontaneous miscarriage;      (2) Attempt to perform an abortion means an act or an omission of a statutorily required act that under the circumstances as the actor believes them to be constitutes a substantial step in a course of conduct planned to culminate in the termination of a pregnancy in this state;  (3) Gestational age means the age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman;  (4) Medical emergency means any condition that on the basis of the physician's good-faith clinical judgment so complicates the medical condition of a pregnant female that:  (A) The immediate abortion of her pregnancy is necessary to prevent her death; or  (B) A delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female;    (5) Physician means a person authorized or licensed to practice medicine under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq., and a person authorized to practice osteopathy under  17-91-101 et seq.;  (6) Probable gestational age means the age that with reasonable probability in the judgment of a physician will be the gestational age of the unborn child at the time the abortion is planned to be performed; and  (7) Unborn child means a member of the species Homo sapiens from fertilization until birth.  
 Except in the case of a medical emergency:   (1) At least twenty-four (24) hours before an abortion is performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female by telephone or in person:  (A) She has the right to review the printed materials described in  20-16-1105;  (B) These materials are available on a state-sponsored website; and  (C) What the website address is;    (2) The physician or the physician's agent shall orally inform the pregnant female that:  (A) The materials have been provided by the State of Arkansas; and  (B) They contain information on pain in relation to the unborn child;    (3) If the pregnant female chooses to view the materials other than on the website, the materials shall either:  (A) Be given to her at least twenty-four (24) hours before the abortion; or  (B) Mailed to her at least seventy-two (72) hours before the abortion by certified mail, restricted delivery to addressee, so that the postal employee may deliver the mail only to the pregnant female;    (4) If provisions are made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her, the information required by this section may be provided by a tape recording;  (5) The pregnant female shall certify in writing before the abortion that:  (A) The information described in subdivision (1) of this section has been furnished to her; and  (B) She has been informed of her opportunity to review the printed materials described in  20-16-1105; and    (6) Before the abortion is performed, the physician who is to perform the abortion or the physician's agent shall:  (A) Obtain a copy of the written certification required under subdivision (5) of this section; and  (B) Retain it on file with the female's medical record for at least three (3) years following the date of receipt.    
 (a) Except in the case of a medical emergency, before an abortion is performed on an unborn child whose gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female:  (1) Whether an anesthetic or analgesic would eliminate or alleviate organic pain to the unborn child that could be caused by the particular method of abortion to be employed; and  (2) Of the particular medical risks associated with the particular anesthetic or analgesic.    (b) After presenting the information required in subsection (a) of this section and with the consent of the pregnant female, the physician shall administer the anesthetic or analgesic.  
 (a)  (1)  (A) The Department of Health shall publish in English and in each language that is the primary language of two percent (2%) or more of the state's population printed materials with the following statement concerning unborn children of twenty (20) weeks gestational age or more:  (B) The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the human fetus at the various gestational ages.    (2) The department shall make the materials available on the department's website.  (3) The materials referred to in subdivision (a)(1) of this section shall be printed in a typeface large enough to be clearly legible.    (b)  (1) The department's website shall be maintained at a minimum resolution of seventy-two dots per inch (72 dpi).  (2) All pictures appearing on the website shall be a minimum of two hundred by three hundred (200 X 300) pixels.  (3) All letters on the website shall be presented in a minimum of 11-point type.  (4) All information and pictures shall be accessible with an industry-standard browser that requires no additional plug-ins.    (c) Upon request, the department shall make available to any person, facility, or hospital at no cost and in appropriate numbers the materials required under this section.    By twenty (20) weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by twenty (20) weeks gestation unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are twenty (20) weeks gestational age or more who undergo prenatal surgery. 
 (a) The Department of Health shall include on its website the information described in  20-16-1105.  (b) No information regarding persons who use the website shall be collected or maintained.  (c) The department shall monitor the website on a daily basis to prevent and correct tampering.  
 If a medical emergency compels a physician to perform an abortion, the physician shall inform the pregnant female before the abortion is performed, if possible, of the medical indications supporting the physician's judgment that:   (1) An abortion is necessary to prevent her death; or  (2) A twenty-four-hour delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female.  
 (a) The Department of Health shall prepare a reporting form for physicians containing a reprint of this subchapter and listing:  (1)  (A) The number of females to whom the physician or an agent of the physician provided the information described in  20-16-1103(1).  (B) Of that number, the number provided by telephone and the number provided in person.  (C) Of each of the numbers described in this subdivision (a)(1) and subdivision (a)(2) of this section, the number provided in the capacity of:  (i) A physician who is to perform the abortion; or  (ii) An agent of the physician;      (2) The number of females who did not avail themselves of the opportunity to obtain a copy other than on the website of the printed information described in  20-16-1105;  (3) The number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;  (4) The number of abortions performed by the physician for which information otherwise required to be provided at least twenty-four (24) hours before the abortion was not so provided because an immediate abortion was necessary to prevent the female's death; and  (5) The number of abortions for which information otherwise required to be provided at least twenty-four (24) hours before the abortion information was not so provided because a delay would create serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female.    (b) The department shall ensure that copies of the reporting forms described in subsection (a) of this section are provided:  (1) Within one hundred twenty (120) days after August 12, 2005, to all physicians licensed to practice in this state;  (2) To each physician who subsequently becomes newly licensed to practice in this state, at the same time as official notification to that physician that the physician is so licensed; and  (3) By December 1 of each year after the calendar year in which this subchapter becomes effective, to all physicians licensed to practice in this state.    (c) By February 28 of each year following a calendar year in any part of which this subchapter was in effect, each physician who provided or whose agent provided information to one (1) or more females in accordance with  20-16-1103 during the previous calendar year shall submit to the department a copy of the form described in subsection (a) of this section with the requested data entered accurately and completely.  (d)  (1) For each of the items listed in subsection (a) of this section, the department shall issue by June 30 of each year a public report providing statistics compiled by the department on the basis of reports for the previous calendar year submitted in accordance with this section.  (2) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports.  (3) The department shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual providing or provided information in accordance with  20-16-1103(1) or  20-16-1103(2).    (e) So long as reporting forms are sent to all licensed physicians in the state at least one (1) time every year and the report described in this section is issued at least one (1) time every year, the department, in order to achieve administrative convenience or fiscal savings, or to reduce the burden of reporting requirements, may:  (1) Alter any of the dates established in this section; or  (2) Consolidate the forms or reports described in this section with other forms or reports issued by the department.    (f)  (1) The department shall assess against a physician who fails to submit a report required under this section within thirty (30) days after the due date a fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period during which the report is overdue.  (2)  (A) If a physician who is required to report under this section has not submitted a report or has submitted an incomplete report more than one (1) year following the due date of the report, the department may bring an action in a court of competent jurisdiction to seek an order requiring the physician to submit a complete report within a period established by the court.  (B) Failure of the physician to file the complete report within the court-ordered period is punishable as civil contempt.      
 (a) A person who knowingly or recklessly performs or attempts to perform a termination of a pregnancy in violation of this subchapter or who fails to report under  20-16-1108 shall be subject to disciplinary action by the Arkansas State Medical Board and is guilty upon conviction of a Class A misdemeanor.  (b) A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed.  (c) A penalty or civil liability shall not be assessed for failure to comply with any provision of this subchapter unless the Department of Health has made the printed materials available at the time that the physician or the physician's agent is required to inform the woman of her right to review them.  
 (a) An action seeking actual and punitive damages may be brought against a person who performed an abortion in knowing or reckless violation of this subchapter by:  (1) Any person upon whom the abortion was performed;  (2) The father of the unborn child who was the subject of the abortion; or  (3) A grandparent of the unborn child who was the subject of the abortion.    (b) Any female upon whom an abortion has been attempted in violation of this subchapter may bring an action for actual and punitive damages against a person who attempted to perform the abortion in knowing or reckless violation of this subchapter.  (c)  (1) If the Department of Health fails to issue the public report required under  20-16-1108, any group of ten (10) or more citizens of this state may seek an injunction in a court of competent jurisdiction against the Secretary of the Department of Health requiring that a complete report be issued within a period established by the court.  (2) Failure of the secretary to obey an injunction issued under subdivision (c)(1) of this section is punishable as civil contempt.    (d)  (1) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall assess a reasonable attorney's fee in favor of the plaintiff against the defendant.  (2) If judgment is rendered in favor of the defendant and if the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall assess a reasonable attorney's fee in favor of the defendant against the plaintiff.    
 (a) In every civil or criminal action brought under this subchapter in which any female upon whom an abortion has been performed or attempted has not given her consent to disclosure of her identity, the court shall determine whether the anonymity of the female shall be preserved from public disclosure.  (b)  (1) The court, upon motion or sua sponte, shall make a ruling on preserving the anonymity of the female.  (2) If the court determines that the female's anonymity should be preserved, that court shall:  (A) Issue appropriate orders to the parties, witnesses, and counsel;  (B) Direct the sealing of the record; and  (C) Order the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the anonymity of the female.    (3) Each order issued under subdivisions (b)(1) and (2) of this section shall be accompanied by specific written findings explaining:  (A) Why the anonymity of the female should be preserved from public disclosure;  (B) Why the order is essential to that end;  (C) Why no reasonable less restrictive alternative exists; and  (D) How the order is narrowly tailored to preserve the anonymity of the female.      (c) In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone other than a public official who brings an action under  20-16-1110(a) shall do so under a pseudonym.  (d) This section may not be construed to conceal the identity of the plaintiff or witnesses from the defendant.  
 This subchapter shall be known and may be cited as the Partial-Birth Abortion Ban Act. 
 As used in this subchapter:   (1) Partial-birth abortion means an abortion in which the person performing the abortion:  (A) Purposely vaginally delivers a living human fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the female or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the female, for the purpose of performing an overt act that the person knows will kill the partially delivered living human fetus; and  (B) Performs the overt act, other than completion of delivery of a living human fetus, that kills the partially delivered living human fetus; and    (2)  (A) Physician means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery in this state, or any other individual legally authorized by the state to perform abortions.  (B) However, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions but who nevertheless directly performs a partial-birth abortion is subject to this subchapter.    
 (a)  (1) Any person who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a Class D felony.  (2) This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.    (b) A female upon whom a partial-birth abortion is performed shall not be prosecuted under this subchapter.  
 (a)  (1) After proper notice and an opportunity to be heard, the Arkansas State Medical Board may assess a civil fine against a physician who violates this subchapter.  (2) The civil fine shall not exceed:  (A) Twenty-five thousand dollars ($25,000) for the first violation;  (B) Fifty thousand dollars ($50,000) for the second violation;  (C) One hundred thousand dollars ($100,000) for the third violation; and  (D) For each subsequent violation, any amount over one hundred thousand dollars ($100,000) sufficient to deter future violations.      (b) The board may suspend or revoke the physician's license in accordance with procedures established under  17-95-410.  (c)  (1) All fines assessed and collected under this section shall be remitted to the Treasurer of State.  (2) The Treasurer of State shall deposit the entire amount of any fines collected under this section into the State Treasury as general revenues.    (d) The civil fine assessed under this section is in addition to the criminal penalty imposed under  20-16-1203.  
 (a) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus, may obtain appropriate relief in a civil action unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.  (b) Relief under subsection (a) of this section shall include:  (1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and  (2) Statutory damages equal to three (3) times the cost of the partial-birth abortion.    (c) Damages shall not be assessed against the female upon whom a partial-birth abortion is performed.  
 (a) A physician accused of a violation of this subchapter may seek a hearing before the Arkansas State Medical Board to determine whether the physician's conduct was necessary to save the life of the female under  20-16-1203.  (b) Findings from a hearing held under subsection (a) of this section are admissible at the trial of the physician on the issue of whether the physician's conduct was necessary to save the life of the female under  20-16-1203.  (c) Upon a motion of the physician, the circuit court shall delay the beginning of the trial for not more than ninety (90) days to permit a hearing under subsection (a) of this section to take place.  
 (a) In every proceeding or action under this subchapter, the circuit court shall rule whether the anonymity of any female upon whom a partial-birth abortion is performed should be preserved from public disclosure if the female does not give her consent to the disclosure.  (b)  (1) Upon its own motion or upon motion by a party to the proceeding or action under this subchapter, the circuit court shall make a ruling concerning the anonymity of any female upon whom a partial-birth abortion is performed.  (2) Upon determining that the anonymity should be preserved, the circuit court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the female's identity from public disclosure.  (3) Each order under subdivision (b)(2) of this section shall be accompanied by a specific written finding explaining:  (A) Why the anonymity of the female should be preserved from public disclosure;  (B) Why the order is essential to that end;  (C) How the order is narrowly tailored to serve that interest; and  (D) Why no reasonable, less restrictive alternative exists.      (c) In the absence of written consent of the female upon whom a partial-birth abortion has been performed, any person other than a public official who brings an action under this subchapter shall do so under a pseudonym.  (d) This section shall not be construed to conceal the identity of the plaintiff or of a witness from the defendant.  
 This subchapter shall be known and may be cited as the Arkansas Human Heartbeat Protection Act. 
 As used in this subchapter:   (1) Contraceptive means a device, drug, or chemical that prevents fertilization;  (2) Fetus means the human offspring developing during pregnancy from the moment of fertilization and includes the embryonic stage of development;  (3) Heartbeat means cardiac activity, the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac;  (4) Human individual means an individual organism of the species Homo sapiens;  (5) Major bodily function includes without limitation functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions;  (6) Medical emergency means a condition in which an abortion is necessary:  (A) To preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; or  (B) Due to the existence of a highly lethal fetal disorder as defined by the Arkansas State Medical Board;    (7) Pregnancy means the human female reproductive condition that begins with fertilization when the female is carrying the developing human offspring and is calculated from the first day of the last menstrual period of the human female; and  (8) Viability means a medical condition that begins with a detectible fetal heartbeat.  
 (a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat.  (b)  (1) A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual according to standard medical practice, including the use of medical devices as determined by standard medical practice.  (2) Tests performed under subdivision (b)(1) of this section shall be approved by the Arkansas State Medical Board.    (c) The Arkansas State Medical Board shall adopt rules:  (1)  (A) Based on standard medical practice for testing for the fetal heartbeat of an unborn human individual.  (B) Rules adopted under this subsection shall specify that a test for fetal heartbeat is not required in the case of a medical emergency; and    (2) To define, based on available medical evidence, the statistical probability of bringing an unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat.    (d) If a fetal heartbeat is detected during the test required under this section, the person performing the test shall inform the pregnant woman in writing:  (1) That the unborn human individual that the pregnant woman is carrying possesses a heartbeat;  (2) Of the statistical probability of bringing the unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat; and  (3) An abortion is prohibited under  20-16-1304.    (e) If a heartbeat has been detected, the pregnant woman shall sign a form acknowledging that she has received the information required under subsection (d) of this section.  
 (a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human individual whose heartbeat has been detected under  20-16-1303 and is twelve (12) weeks or greater gestation.  (b) A violation of this section as determined by the Arkansas State Medical Board shall result in the revocation of the medical license of the person authorized to perform abortions under Arkansas law.  
 (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 pregnancy that results from rape under  5-14-103 or incest under  5-26-202; or  (3) A medical emergency.    
 This subchapter does not:   (1) Subject a pregnant female on whom an abortion is performed or attempted to be performed to any criminal prosecution or civil penalty; or  (2) Prohibit the sale, use, prescription, or administration of a measure, drug, or chemical designed for contraceptive purposes.  
 If a state or federal court of competent jurisdiction voids a provision of this subchapter as unconstitutional, the effective date of that provision shall be tolled until that provision has been upheld as valid by an appellate tribunal. 
 This subchapter shall be known and may be cited as the Pain-Capable Unborn Child Protection Act. 
 As used in this subchapter:   (1) Abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device:  (A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to:  (i) Increase the probability of a live birth;  (ii) Preserve the life or health of the child after live birth; or  (iii) Remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and    (B) Which causes the premature termination of the pregnancy;    (2) Attempt to perform or induce an abortion means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter;  (3) Fertilization means the fusion of a human spermatozoon with a human ovum;  (4)  (A) Medical emergency means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy:  (i) Without first determining post-fertilization age to avert the death of the pregnant woman; or  (ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.    (B) Medical emergency does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;    (5) Physician means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state;  (6) Post-fertilization age means the age of the unborn child as calculated from the fertilization of the human ovum;  (7) Probable post-fertilization age of the unborn child means what, in reasonable medical judgment, will, with reasonable probability, be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced;  (8) Reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;  (9) Unborn child means an individual organism of the species Homo sapiens from fertilization until live birth; and  (10) Woman means a female human being whether or not she has reached the age of majority.  
 The General Assembly finds that:   (1) Pain receptors known as nociceptors are present throughout the unborn child's entire body by no later than sixteen (16) weeks after fertilization, and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty (20) weeks;  (2)  (A) By eight (8) weeks after fertilization, the unborn child reacts to touch.  (B) After twenty (20) weeks after fertilization, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling;    (3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response;  (4) Subjection to such painful stimuli is associated with long-term harmful neurodeveolopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life;  (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to those levels when painful stimuli are applied without such anesthesia;  (6)  (A) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty (20) weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex.  (B) However, recent medical research and analysis, especially since 2007, provide strong evidence for the conclusion that a functioning cortex is not necessary to experience pain;    (7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain;  (8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does;  (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults and use different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing;  (10) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by twenty (20) weeks after fertilization;  (11) It is the purpose of the state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain; and  (12) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion, the United States Supreme Court noted that an explicit statement of legislative intent specifically made applicable to a particular statute is of greater weight than a general savings or severability clause, it is the intent of the state that  1-2-117 be specifically applied to this subchapter, and moreover the General Assembly declares that it would have passed this subchapter, and each section, subsection, subdivision, sentence, clause, phrase, or word in this subchapter, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, sentences, clauses, phrases, or words, or any of their applications, were to be declared unconstitutional.  
 (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).  
 (a)  (1) A person shall not perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies that the probable post-fertilization age of the unborn child of the woman is twenty (20) or more weeks.  (2)  (A) However, subdivision (a)(1) of this section does not apply if, in reasonable medical judgment, the pregnant woman has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions.  (B) A condition creating an exemption under subdivision (a)(2)(A) of this section shall not be deemed to exist if the condition is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.    (3) Subdivision (a)(1) of this section does not apply if the pregnancy results from rape under  5-14-103 or incest under  5-26-202.    (b)  (1) When an abortion upon a woman whose unborn child has been determined under subdivision (a)(1) of this section to have a probable post-fertilization age of twenty (20) or more weeks is not prohibited by this section, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive.  (2)  (A) However, subdivision (b)(1) of this section does not apply if, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods.  (B) A risk creating an exemption under subdivision (b)(2)(A) of this section shall not be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.      
 (a)  (1) A physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health on a schedule and in accordance with rules adopted by the department.  (2) The report required under subdivision (a)(1) of this section shall include without limitation:  (A) Whether a determination of probable post-fertilization age was made, the probable post-fertilization age of the unborn child determined, and the method and basis of the determination;  (B) If a determination of probable post-fertilization age of the unborn child was not made, the basis of the determination that a medical emergency existed;  (C) If the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the immediate abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions;  (D) The method used for the abortion; and  (E) If an abortion was performed when the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks:  (i) Whether the method used was one that in reasonable medical judgment provided the best opportunity for the unborn child to survive; or  (ii) If such a method under subdivision (a)(2)(E)(i) of this section was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods.        (b)  (1) By June 30 of each year the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted under this section for each of the items listed in subsection (a) of this section.  (2) Each report also shall provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports.  (3) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or induced or attempted to be performed or induced.    (c)  (1) A physician who fails to submit a report by the end of thirty (30) days after the date the report is due shall be subject to a late fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period the report is overdue.  (2) A physician required to report in accordance with this subchapter who has not submitted a report or has submitted only an incomplete report more than one (1) year following the date the report is due, in an action brought in the manner in which actions are brought by the department, may be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to civil contempt.    (d)  (1) Purposeful, knowing, or reckless failure by a physician to conform to any requirement of this section, other than late filing of a report, constitutes unprofessional conduct under  17-95-409.  (2) Purposeful, knowing, or reckless failure by a physician to submit a complete report in accordance with a court order constitutes unprofessional conduct under  17-95-409.  (3) Purposeful, knowing, or reckless falsification of any report required under this section is a Class C misdemeanor.    (e) Within ninety (90) days after the effective date of this subchapter, the department shall adopt rules to assist in compliance with this section, and subdivision (a)(1) of this section shall take effect so as to require reports regarding all abortions performed or induced on or after the first day of the first calendar month following the effective date of such rules.  
 (a) A person who purposely, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this subchapter is guilty of a Class D felony.  (b) A penalty may not be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.  
 (a)  (1) A woman upon whom an abortion has been performed in violation of this subchapter or the father of the unborn child who was the subject of an abortion in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed or induced the abortion in violation of this subchapter for actual and punitive damages.  (2) A woman upon whom an abortion has been attempted in violation of this subchapter may bring an action against the person who attempted purposely, knowingly, or recklessly to perform or induce the abortion in violation of this subchapter for actual and punitive damages.    (b)  (1) A cause of action for injunctive relief against a person who has purposely, knowingly, or recklessly violated this subchapter may be maintained by:  (A) The woman upon whom an abortion was performed or induced or attempted to be performed or induced in violation of this subchapter;  (B) A person who is the spouse, parent, sibling, or guardian of or a current or former licensed healthcare provider of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced in violation of this subchapter;  (C) A prosecuting attorney with appropriate jurisdiction; or  (D) The Attorney General.    (2) The injunction shall prevent the abortion provider from performing or inducing and from attempting to perform or induce further abortions in violation of this subchapter.    (c) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.  (d) 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 render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.  (e) Damages or attorney's fee shall not be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except under subsection (d) of this section.  
 (a) In every civil or criminal proceeding or action brought under this subchapter, the court shall rule whether the anonymity of a woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to the disclosure.  (b) The court, upon motion or sua sponte, shall make a ruling under subsection (a) of this section and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure.  (c) Each order under subsection (b) of this section shall be accompanied by specific written findings explaining:  (1) Why the anonymity of the woman should be preserved from public disclosure;  (2) Why the order is essential to that end;  (3) How the order is narrowly tailored to serve that interest; and  (4) Why no reasonable less restrictive alternative could be fashioned.    (d) In the absence of written consent of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced, anyone other than a public official who brings an action under  20-16-1408 shall do so under a pseudonym.  (e) This section is not intended to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.  
 (a) Since it is the intent of the state to assert two (2) separate and independent compelling state interests, those in protecting the lives of viable unborn children and protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain, this subchapter does not repeal by implication or otherwise  20-16-705.  (b) This subchapter does not repeal by implication or otherwise any other provision of this chapter.  
 This subchapter may be known and cited as the Abortion-Inducing Drugs Safety Act. 
 (a) The General Assembly finds that:  (1) The United States Food and Drug Administration approved the drug mifepristone, a first-generation progesterone receptor modulator, as an abortion-inducing drug with a specific gestation, dosage, and administration protocol;  (2) The United States Food and Drug Administration approved mifepristone under the rubric of 21 C.F.R.  314.520, also referred to as Subpart H, which is the only United States Food and Drug Administration approval process that allows for postmarketing restrictions and provides for accelerated approval of certain drugs that are shown to be effective but can be safely used only if distribution or use is restricted;  (3) The United States Food and Drug Administration does not treat Subpart H drugs in the same manner as drugs that undergo the typical approval process;  (4) As approved by the United States Food and Drug Administration and as outlined in the final printed labeling of mifepristone, an abortion by mifepristone consists of three (3) two-hundred-milligram tablets of mifepristone taken orally, followed by two (2) two-hundred-microgram tablets of misoprostol taken orally, through forty-nine (49) days from the first day of the woman's last menstrual period;  (5) The patient is to return for a follow-up visit in order to confirm that a complete termination of pregnancy has occurred;  (6) This United States Food and Drug Administration-approved protocol is referred to as the Mifeprex regimen;  (7) This treatment requires three (3) office visits by the patient, and the dosages may only be administered in a clinic, medical office, or hospital and under supervision of a physician;  (8) The final printed labeling of Mifeprex outlines the United States Food and Drug Administration-approved dosage and administration of both drugs in the Mifeprex regimen, namely mifepristone and misoprostol;  (9) When the United States Food and Drug Administration approved the Mifeprex regimen under Subpart H, it did so with certain restrictions such as the requirement that the distribution and use of the Mifeprex regimen must be under the supervision of a physician who has the ability to assess the duration of pregnancy, diagnose ectopic pregnancies, and provide surgical intervention or has made plans to provide surgical intervention through other qualified physicians;  (10) One (1) of the restrictions imposed by the United States Food and Drug Administration as part of its Subpart H approval is a written agreement that must be signed by both the physician and patient;  (11) In that agreement, the woman, along with the physician, attests to the following, among other statements:  (A) I believe I am no more than 49 days (7 weeks) pregnant;  (B) I understand that I will take misoprostol in my provider's office two days after I take Mifeprex (Day 3); and  (C) I will do the following: return to my provider's office in 2 days (Day 3) to check if my pregnancy has ended. My provider will give me misoprostol if I am still pregnant;    (12) The United States Food and Drug Administration concluded that available medical data did not support the safety of home use of misoprostol, and it specifically rejected information in the Mifeprex final printed labeling on self-administering misoprostol at home;  (13) Court testimony in Planned Parenthood Cincinnati Region v. Taft, 459 F. Supp. 2d 626 (S.D. Oh. 2006), by Planned Parenthood and other abortion providers demonstrates that providers routinely fail to follow the United States Food and Drug Administration-approved protocol for the Mifeprex regimen as it is outlined in the Mifeprex final printed labeling and that providers are administering a single oral dose of two hundred milligrams (200 mg) of mifepristone, followed by a single vaginal or buccal dose of eight-tenths of one milligram (.8 mg) of misoprostol, through sixty-three (63) days of the woman's last menstrual period, without medical supervision and without follow-up care;  (14) The use of mifepristone presents significant medical risks to women, including without limitation abdominal pain, cramping, vomiting, headache, fatigue, uterine hemorrhage, viral infections, and pelvic inflammatory disease;  (15) Abortion-inducing drugs are associated with an increased risk of complications relative to surgical abortion, and the risk of complications increases with advancing gestational age and, in the instance of the Mifeprex regimen, with failure to complete the two-step dosage process;  (16)  (A) In July 2011, the United States Food and Drug Administration reported two thousand two hundred seven (2,207) adverse events in the United States after women used the Mifeprex regimen for the termination of pregnancy.  (B) Among those were fourteen (14) deaths, six hundred twelve (612) hospitalizations, three hundred thirty-nine (339) blood transfusions, and two hundred fifty-six (256) infections, including forty-eight (48) severe infections;    (17)  (A) Off-label or so-called evidence-based use of the Mifeprex regimen may be deadly.  (B) To date, fourteen (14) women have reportedly died after administration of the Mifeprex regimen, with eight (8) deaths attributed to severe bacterial infection.  (C) All eight (8) of those women administered the regimen in an off-label or evidence-based manner advocated by abortion providers.  (D) The United States Food and Drug Administration has not been able to conclude whether off-label use led to the eight (8) deaths; and    (18) Medical evidence demonstrates that women who use abortion-inducing drugs incur more complications than those who have surgical abortions.    (b) Based on the findings in subsection (a) of this section, it is the purpose of this subchapter to:  (1) Protect women from the dangerous and potentially deadly off-label use of abortion-inducing drugs such as, but not limited to, the Mifeprex regimen; and  (2) Ensure that physicians abide by the protocol tested and approved by the United States Food and Drug Administration for such abortion-inducing drugs, as outlined in the drug labels.    
 As used in this subchapter:   (1)  (A) Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.  (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:  (i) Save the life or preserve the health of the unborn child;  (ii) Remove a dead unborn child caused by spontaneous abortion;  (iii) Remove an ectopic pregnancy; or  (iv) Treat a maternal disease or illness for which the prescribed drug is indicated;      (2)  (A) Abortion-inducing drug means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child.  (B) Abortion-inducing drugs includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate.  (C) This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs.  (D) Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion;    (3) Adverse event means an undesirable experience associated with the use of a medical product in a patient, including without limitation an event that causes:  (A) Death;  (B) Threat to life;  (C) Hospitalization;  (D) Disability or permanent damage;  (E) Congenital anomaly or birth defect, or both;  (F) Required intervention to prevent permanent impairment or damage; or  (G) Other serious important medical events, including without limitation:  (i) Allergic bronchospasm requiring treatment in an emergency room;  (ii) Serious blood dyscrasias;  (iii) Seizures or convulsions that do not result in hospitalization; and  (iv) The development of drug dependence or drug abuse;      (4) Final printed labeling means the United States Food and Drug Administration-approved informational document for an abortion-inducing drug that outlines the protocol authorized by the United States Food and Drug Administration and agreed upon by the drug company applying for United States Food and Drug Administration authorization of that drug;  (5) Gestational age means the time that has elapsed since the first day of the woman's last menstrual period;  (6) Mifeprex regimen means the abortion-inducing drug regimen that involves administration of mifepristone or the brand name Mifeprex and misoprostol, which is the only abortion-inducing drug regimen approved by the United States Food and Drug Administration and is also known as the RU-486 regimen or simply RU-486;  (7) Mifepristone means the first drug used in the Mifeprex regimen;  (8) Misoprostol means the second drug used in the Mifeprex regimen;  (9) Physician means any person licensed to practice medicine in this state, including medical doctors and doctors of osteopathy; and  (10) Unborn child means the offspring of human beings from conception until birth.  
 (a)  (1) It shall be unlawful to knowingly give, sell, dispense, administer, or otherwise provide or prescribe an abortion-inducing drug to a pregnant woman to induce an abortion or enable another person to induce an abortion unless the person who gives, sells, dispenses, administers, or otherwise provides or prescribes the abortion-inducing drug is a physician and the provision or prescription of the abortion-inducing drug satisfies the protocol authorized by the United States Food and Drug Administration, as outlined in the final printed labeling for the drug or drug regimen.  (2) In the case of the Mifeprex regimen, the final printed labeling for Mifeprex includes the United States Food and Drug Administration-approved dosage and administration instructions for both mifepristone and misoprostol.    (b) Because the failure and complication rates from medical abortion increase with advancing gestational age, because the physical symptoms of medical abortion can be identical to the symptoms of ectopic pregnancy, and because abortion-inducing drugs do not treat ectopic pregnancies but rather are contraindicated in ectopic pregnancies, the physician giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug shall first examine the woman and document in the woman's medical chart prior to giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug the following information without limitation:  (1) Gestational age; and  (2) Intrauterine location of the pregnancy.    (c) Every pregnant woman to whom a physician gives, sells, dispenses, administers, or otherwise provides or prescribes any abortion-inducing drug shall be provided with a copy of the drug's label.  (d)  (1) The physician who gives, sells, dispenses, administers, or otherwise provides or prescribes the abortion-inducing drug shall have a signed contract with a physician who agrees to handle complications and be able to produce that signed contract on demand by the patient or by the Department of Health.  (2) The physician who contracts to handle emergencies shall have active admitting privileges and gynecological/surgical privileges at a hospital designated to handle any emergencies associated with the use or ingestion of the abortion-inducing drug.  (3) Every pregnant woman to whom a physician gives, sells, dispenses, administers, or otherwise provides or prescribes any abortion-inducing drug shall receive the name and phone number of the contracted physician and the hospital at which that physician maintains admitting privileges and which can handle any emergencies.    (e)  (1) The physician who gives, sells, dispenses, administers, or otherwise provides or prescribes any abortion-inducing drug, or an agent of the physician, shall schedule a follow-up visit for the woman for approximately 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.  (2) The physician or agent of the physician shall make all reasonable efforts to ensure that the woman returns for the scheduled appointment.  (3) A brief description of the efforts made to comply with this subsection, including without limitation the date, time, and identification by name of the person making such efforts, shall be included in the woman's medical record.    
 (a) If a physician provides an abortion-inducing drug to another for the purpose of inducing an abortion as authorized in  20-16-1504 and if the physician knows that the woman who uses the abortion-inducing drug for the purpose of inducing an abortion experiences an adverse event, the physician shall provide a written report of the adverse event within three (3) days of the event to the United States Food and Drug Administration via the MedWatch program reporting system and to the Arkansas State Medical Board.  (b)  (1) The board shall compile and retain all reports it receives under this section.  (2)  (A) All reports received by the board are public records open to inspection under the Freedom of Information Act of 1967,  25-19-101 et seq.  (B) The board shall not release to any person or entity the name or any other personal identifying information regarding a person who:  (i) Uses an abortion-inducing drug to induce an abortion; and  (ii) Is the subject of a report received by the board under this section.        
 (a) A person who intentionally, knowingly, or recklessly violates a provision of this subchapter is guilty of a Class A misdemeanor.  (b) A criminal penalty may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed.  
 (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.  
 (a) This subchapter does not create or recognize a right to abortion.  (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.  
 The General Assembly, by joint resolution, may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. 
 This subchapter takes effect on January 1, 2016. 
 As used in this subchapter:   (1)  (A) Abortion means the act of using or prescribing an instrument, medicine, drug, device, or another substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.  (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:  (i) Save the life of the mother;  (ii) Save the life or preserve the health of the unborn child;  (iii) Remove a dead unborn child caused by spontaneous abortion; or  (iv) Remove an ectopic pregnancy;      (2) Abortion referral means the act of recommending a pregnant woman to a doctor, clinic, or other person or entity for the purpose of obtaining or learning about obtaining an abortion;  (3) Affiliate means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another person or entity, in whole or in part, or a subsidiary, parent, or sibling entity;  (4) Pregnancy means the female reproductive condition of having an unborn child in the woman's uterus; and  (5) Unborn child means the offspring of human beings from fertilization until birth.  
 (a) An agency or instrumentality of the state shall not award a grant to pay the direct or indirect costs of performing, inducing, referring, or counseling in favor of abortions, including without limitation:  (1) Administrative costs and expenses;  (2) Overhead costs;  (3) Employee salaries;  (4) Rent and mortgage payments; and  (5) Telephone and other utility payments.    (b) An agency or instrumentality of the state shall not grant, appropriate, or distribute a grant to an individual or entity that:  (1) Performs abortions, induces abortions, provides abortion referrals, or counsels in favor of elective abortions; or  (2) Is an affiliate of a person or entity that performs abortions, induces abortions, provides abortion referrals, or counsels in favor of elective abortions.    
 (a)  (1) This subchapter does not affect the funding of a hospital, medical school, or university.  (2) The restrictions under  20-16-1602 do not apply to funding available through the Arkansas Medicaid Program.    (b) This subchapter does not create or recognize:  (1) A right to an abortion; or  (2) A right to public funds, a contract, or a grant.    
 This subchapter shall be known and may be cited as the Woman's Right-to-Know Act. 
 As used in this subchapter:   (1)  (A) Abortion means the act of using or prescribing any instrument, medicine, drug, or other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.  (B) A use, prescription, or means under this subdivision (1) is not an abortion if the use, prescription, or means is performed with the intent to:  (i) Save the life or preserve the health of the unborn child;  (ii) Remove a dead unborn child caused by spontaneous abortion; or  (iii) Remove an ectopic pregnancy;      (2)  (A) Abortion-inducing drug means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman with knowledge that the termination will with reasonable likelihood cause the death of the unborn child.  (B) Abortion-inducing drugs includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate.  (C) This definition does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs.  (D) Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion;    (3) Adverse event means an undesirable experience associated with the use of a medical product in a patient, including without limitation an event that causes:  (A) Death;  (B) Threat to life;  (C) Hospitalization;  (D) Disability or permanent damage;  (E) Congenital anomaly or birth defect, or both;  (F) Required intervention to prevent permanent impairment or damage; or  (G) Other serious important medical events, including without limitation:  (i) Allergic bronchospasm requiring treatment in an emergency room;  (ii) Serious blood dyscrasias;  (iii) Seizures or convulsions that do not result in hospitalization; and  (iv) The development of drug dependence or drug abuse;      (4) Complication means an adverse physical or psychological condition arising from the performance of an abortion, including without limitation:  (A) An adverse reaction to anesthesia or other drugs;  (B) Bleeding;  (C) A blood clot;  (D) Cardiac arrest;  (E) Cervical perforation;  (F) Coma;  (G) Embolism;  (H) Endometritis;  (I) Failure to actually terminate the pregnancy;  (J) Free fluid in the abdomen;  (K) Hemorrhage;  (L) Incomplete abortion, also referred to as retained tissue;  (M) Infection;  (N) Metabolic disorder;  (O) Undiagnosed ectopic pregnancy;  (P) Placenta previa in subsequent pregnancies;  (Q) Pelvic inflammatory disease;  (R) A psychological or emotional complication such as depression, anxiety, or a sleeping disorder;  (S) Preterm delivery in subsequent pregnancies;  (T) Renal failure;  (U) Respiratory arrest;  (V) Shock;  (W) Uterine perforation; and  (X) Other adverse event;    (5) Conception means the fusion of a human spermatozoon with a human ovum;  (6) Emancipated minor means a person under eighteen (18) years of age who is or has been married or who has been legally emancipated;  (7) Facility means a public or private hospital, clinic, center, medical school, medical training institution, healthcare facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location where medical care is provided to a person;  (8) First trimester means the first twelve (12) weeks of gestation;  (9) Gestational age means the time that has elapsed since the first day of the woman's last menstrual period;  (10) Hospital means any institution licensed as a hospital pursuant to the laws of this state;  (11) Medical emergency means that condition which, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman and necessitates the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;  (12) Physician means any person licensed to practice medicine in this state, including medical doctors and doctors of osteopathy;  (13) Pregnant or pregnancy means that female reproductive condition of having an unborn child in the woman's uterus;  (14) Qualified person means an agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, registered nurse, physician assistant, or physician;  (15) Unborn child means the offspring of human beings from conception until birth; and  (16) Viability means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.  
 (a) A person shall not perform or induce an abortion without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced.  (b) Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:  (1) At least seventy-two (72) hours before the abortion, the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person, of the following:  (A) The name of the physician who will perform the abortion;  (B) Medically accurate information that a reasonable patient would consider material to the decision concerning whether or not to undergo the abortion, including:  (i) A description of the proposed abortion method;  (ii) The immediate and long-term medical risks associated with the proposed abortion method, including without limitation the risks of:  (a) Cervical or uterine perforation;  (b) Danger to subsequent pregnancies;  (c) Hemorrhage; and  (d) Infection; and    (iii) Alternatives to the abortion;    (C) The probable gestational age of the unborn child at the time the abortion is to be performed;  (D) The probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed;  (E) The medical risks associated with carrying the unborn child to term;  (F) Any need for anti-Rh immune globulin therapy if the woman is Rh negative, the likely consequences of refusing such therapy, and the cost of the therapy; and  (G) Information on reversing the effects of abortion-inducing drugs;    (2) At least seventy-two (72) hours before the abortion, the physician who is to perform the abortion, the referring physician, or a qualified person informs the woman, orally and in person, that:  (A) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care and that more detailed information on the availability of such assistance is contained in the printed materials and informational DVD given to her under  20-16-1704;  (B) The printed materials and informational DVD under  20-16-1704 describe the unborn child and list agencies that offer alternatives to abortion;  (C)  (i) The father of the unborn child is liable to assist in the support of the child, even in instances in which he has offered to pay for the abortion.  (ii) In a case of rape or incest, the information required under subdivision (b)(2)(C)(i) of this section may be omitted;    (D) The woman is free to withhold or withdraw her consent to the abortion at any time without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she otherwise might be entitled; and  (E) The information contained in the printed materials and informational DVD given to her under  20-16-1704 is also available on a state website;    (3)  (A) The information required under subdivisions (b)(1) and (2) of this section is provided to the woman individually and in a private room to protect her privacy, to maintain the confidentiality of her decision, to ensure that the information focuses on her individual circumstances, and to ensure that she has an adequate opportunity to ask questions.  (B) Subdivision (b)(3)(A) of this section does not preclude the provision of required information through a translator in a language understood by the woman;    (4)  (A) At least seventy-two (72) hours before the abortion, the woman is given a copy of the printed materials and permitted to view and given a copy of the informational DVD under  20-16-1704.  (B) If the woman is unable to read the materials, the materials shall be read to her in a language she can understand.  (C) If the woman asks questions concerning any of the information or materials under this subdivision (b)(4), the person who provides or reads the information or materials shall answer her questions in a language she can understand;    (5)  (A) At least seventy-two (72) hours before an abortion is performed or induced on a woman whose pregnancy has progressed to twenty (20) weeks' gestation or more, the physician performing the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician, orally and in person, offers information on fetal pain to the patient.  (B) The information required under subdivision (b)(5)(A) of this section and counseling related to that information shall include without limitation the following:  (i) That by twenty (20) weeks' gestational age, the unborn child possesses all anatomical links in its nervous system, including spinal cord, nerve tracts, thalamus, and cortex, that are necessary in order to feel pain;  (ii) That an unborn child at twenty (20) weeks' gestation or more is fully capable of experiencing pain;  (iii) A description of the actual steps in the abortion procedure to be performed or induced and at which steps in the abortion procedure the unborn child is capable of feeling pain;  (iv) That maternal anesthesia typically offers little pain prevention for the unborn child; and  (v) That an anesthetic or analgesic, or both, are available so that pain to the fetus is minimized or alleviated;      (6)  (A) Before the abortion, the pregnant woman certifies in writing on a checklist form provided or approved by the Department of Health that the information required under  20-16-1704 has been provided.  (B) A physician who performs an abortion shall report monthly to the department the total number of certifications the physician has received.  (C) The department shall make available to the public annually the number of certifications received under subdivision (b)(6)(B) of this section;    (7)  (A) Except in the case of a medical emergency, the physician who is to perform the abortion receives and signs a copy of the written certification required under subdivision (b)(6)(A) of this section before performing the abortion.  (B) The physician shall retain a copy of the checklist certification form in the pregnant woman's medical record;    (8) At least seventy-two (72) hours before an abortion that is being performed or induced utilizing abortion-inducing drugs, the physician who is to perform the abortion, the referring physician, or a qualified person informs the pregnant woman, orally and in person, that:  (A) It may be possible to reverse the effects of the abortion if the pregnant woman changes her mind, but that time is of the essence; and  (B) Information on reversing the effects of abortion-inducing drugs is available in materials prepared by the department;    (9)  (A) After dispensing the first dose of abortion-inducing drugs to a woman, the physician who is to perform the abortion, the referring physician, or a qualified person shall provide a written notice to the patient that states:  (B) The notice shall also include directions to access the department website that is required to be maintained under  20-16-1704 and other appropriate telephone and internet resources; and    (10) Except in the case of a medical emergency, at least seventy-two (72) hours before the abortion, the pregnant woman signs a form that includes without limitation the following information:  (A) A description of the pregnant woman's rights, including the right to informed consent as granted by this subchapter;  (B) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman;  (C) A detailed list of the risks and hazards related to the surgical or medical procedures that are planned to be for the pregnant woman, including without limitation the following risks and hazards that may occur:  (i) Infection;  (ii) Blood clots;  (iii) Hemorrhage;  (iv) Allergic reactions;  (v) Uterine perforation, also known as a hole in the uterus, or other damage to the uterus;  (vi) Sterility;  (vii) Injury to the bowel or bladder;  (viii) Possible hysterectomy as a result of complication or injury during the procedure;  (ix) Failure to remove all products of conception;  (x) Possible continuation of pregnancy;  (xi) Cramping of the uterus or pelvic pain;  (xii) Cervical laceration;  (xiii) Incompetent cervix;  (xiv) Emergency treatment for any complications; and  (xv) Death;    (D) A description of additional information that shall be provided by the physician to the pregnant woman under state law; and  (E) Any additional information that may be provided to a woman under the laws of this state in order for a physician to obtain her informed consent before performing an abortion.      (c)  (1) In the event of a medical emergency requiring an immediate termination of pregnancy, the physician who performed the abortion clearly certifies in writing the nature of the medical emergency and the circumstances that necessitated the waiving of the informed consent requirements under this subchapter.  (2) The certification required under subdivision (c)(1) of this section shall be signed by the physician who performed the emergency abortion and shall be permanently filed in both the records of the physician performing the abortion and the records of the facility where the abortion took place.    (d) A physician, facility, employee or volunteer of a facility, or any other person or entity shall not require or obtain payment for a service provided in relation to abortion to a patient who has inquired about an abortion or scheduled an abortion until the expiration of the seventy-two-hour reflection period required in this section.  (e) All ultrasound images, test results, and forms signed by the patient or legal guardian shall be retained as a part of the patient's medical record and be made available for inspection by the department or other authorized agency.    Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as RU-486 or Mifeprex, alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term abortion pill reversal on the internet. 
 (a)  (1) The Department of Health shall:  (A) Publish easily comprehensible printed materials and an informational DVD in English and Spanish within ninety (90) days after July 22, 2015;  (B) Develop and maintain a secure internet website, which may be part of an existing website, to provide the information required under this subchapter; and  (C) Monitor the website on a weekly basis to prevent and correct tampering.    (2) The department shall not collect or maintain information regarding persons using the website.    (b) The department shall review and update annually, if necessary, the following printed materials and informational DVD, which shall be easily comprehensible:  (1)  (A) Geographically indexed materials that inform a pregnant woman seeking an abortion of public and private agencies and services available to assist her through pregnancy, upon childbirth, and while her child is dependent, including without limitation adoption agencies.  (B) The materials shall:  (i) Include:  (a) A comprehensive list of the public and private agencies and services, a description of the services they offer, and the telephone numbers and addresses of the agencies; and  (b) The following statement: There are many public and private agencies willing and able to help you to carry your child to term and to assist you and your child after your child is born, whether you choose to keep your child or to place her or him for adoption. The State of Arkansas strongly urges you to contact one or more of these agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion.;    (ii) Inform the pregnant woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care;  (iii) Contain a toll-free, twenty-four-hour telephone number that may be called to obtain information about the agencies in the geographic area of the caller and of the services offered; and  (iv) State that:  (a) It is unlawful for any individual to coerce a woman to undergo an abortion;  (b) If a minor is denied financial support by the minor's parents, guardian, or custodian due to the minor's refusal to undergo an abortion, the minor shall be deemed emancipated for the purposes of eligibility for public assistance benefits, except that benefits may not be used to obtain an abortion;  (c) A physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action; and  (d) The law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal care.      (C) The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any public or private agency or service described in this section;    (2)  (A) Materials that include information on the support obligations of a father of a child who is born alive, including without limitation the father's legal duty to support the child, including child support payments and health insurance, and the fact that paternity may be established by the father's signature on a birth certificate, by a statement of paternity, or by court action.  (B) The materials shall state that more information concerning establishment of paternity and child support services and enforcement may be obtained by calling state or county public assistance agencies;    (3)  (A) Materials that describe the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, including color photographs of the unborn child at two-week gestational increments.  (B) The materials and descriptions shall:  (i)  (a) Include information about brain and heart functions, the presence of external features and internal organs during the applicable stages of development, and any relevant information on the possibility of the unborn child's survival.  (b) If a photograph is not available, a picture shall contain the dimensions of the unborn child and shall be realistic; and    (ii) Be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages;      (4) Materials that contain objective information describing the various surgical and drug-induced methods of abortion, as well as the immediate and long-term medical risks commonly associated with each abortion method, including without limitation the risks of:  (A) Cervical or uterine perforation or rupture;  (B) Danger to subsequent pregnancies;  (C) Hemorrhage;  (D) Infection;  (E) Medical risks associated with carrying a child to term following an abortion; and  (F) Possible adverse psychological effects associated with an abortion;    (5) A uniform resource locator for the state website where the materials required under this section can be found;  (6)  (A) Materials that include information on the potential ability of a qualified person to reverse the effects of abortion-inducing drugs, such as mifepristone, Mifeprex, and misoprostol, including without limitation information directing a woman to obtain further information at appropriate websites and by contacting appropriate agencies for assistance in locating a healthcare professional to aid in the reversal of an abortion.  (B) The materials shall include a notice to the patient that states:  (C) The notice shall also include directions to access the department website and other appropriate telephone and internet resources; and    (7) A checklist certification form to be used by the physician or a qualified person assisting the physician that lists the items of information to be given to the woman by a physician or the agent under this subchapter.    (c) The materials shall be printed in a typeface large enough to be clearly legible.  (d)  (1) The department shall produce a standard format DVD that may be used statewide presenting the information required under this section.  (2) In preparing the DVD, the department may summarize and make reference to the comprehensive printed list of geographically indexed names and services described in this section.  (3)  (A) The DVD shall show, in addition to the information described in this section, an ultrasound of the heartbeat of an unborn child at four to five (4-5) weeks' gestational age, at six to eight (6-8) weeks' gestational age, and each month thereafter, until viability.  (B) The information in the DVD shall be presented in an objective, unbiased manner designed to convey only accurate scientific information.      (e) The materials and the DVD required under this section shall be available at no cost from the department upon request and in appropriate number to any person, facility, or hospital.    Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as RU-486 or Mifeprex, alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term abortion pill reversal on the internet. 
 (a)  (1) A licensed facility where abortions are performed shall post a sign conspicuously in a location defined in subsection (b) of this section that is clearly visible to all individuals who enter and that features the text contained in subdivision (a)(2) of this section.  (2) The sign shall display the following text:    (b) The sign shall be posted in each waiting room, patient consultation room, and procedure room used by patients for whom abortions are performed, induced, prescribed or for whom the means for an abortion are provided.  (c) The continued posting of signage shall be a condition of licensure of any facility that performs or induces abortions.  (d) The display of signage does not discharge the duty of a facility to have a physician orally inform a pregnant woman of information and materials contained in  20-16-1703.  (e)  (1) The Department of Health shall provide all signs required by this section to the licensed abortion facility.  (2) The department may require that a licensed abortion facility reimburse the department for any costs associated with the sign or signs.      It is against the law for anyone, regardless of his or her relationship to you, to force you to have an abortion. You have the right to contact any local or state law enforcement or any social service agency to receive protection from any actual or threatened physical, emotional, or psychological abuse. It is against the law to perform, induce, prescribe for, or provide you with the means for an abortion without your voluntary consent. 
 When a medical emergency compels the performance of an abortion, the physician shall inform the woman before the abortion, if possible, of the medical indications supporting the physician's judgment that an immediate abortion is necessary to avert her death or that a seventy-two-hour delay will cause substantial and irreversible impairment of a major bodily function. 
 (a) The Department of Health shall develop and promulgate rules regarding reporting requirements.  (b)  (1) The Arkansas Center for Health Statistics of the Department of Health shall ensure that all information collected by the center regarding abortions performed in this state shall be available to the public in printed form and on a twenty-four-hour basis on the center's website.  (2) In no case shall the privacy of a patient or doctor be compromised.    (c) The information collected by the center regarding abortions performed in this state shall be continually updated.  (d)  (1)  (A) By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year.  (B) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline.    (2) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who received information or materials in accordance with  20-16-1703.    
 (a)  (1) The Department of Health shall adopt rules to implement this subchapter.  (2) The department may add by rule additional examples of complications to supplement those in  20-16-1703.    (b) The Arkansas State Medical Board shall promulgate rules to ensure that physicians who perform abortions, referring physicians, or agents of either physician comply with all the requirements of this subchapter.  
 A person who intentionally, knowingly, or recklessly violates this subchapter commits a Class A misdemeanor. 
 (a) In addition to any remedies available under the common law or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for a:  (1) Civil malpractice action for actual and punitive damages; and  (2) Professional disciplinary action under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq.    (b) A civil liability shall not be assessed against the woman upon whom the abortion is performed.  (c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close the proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed or attempted.  (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.  
 (a) This subchapter does not create or recognize a right to abortion.  (b) This subchapter is not intended to make lawful an abortion that is currently unlawful.  
 This subchapter shall be known and may be cited as the Arkansas Unborn Child Protection from Dismemberment Abortion Act. 
 As used in this subchapter:   (1) Abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device:  (A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to:  (i) Increase the probability of a live birth;  (ii) Preserve the life or health of the child after live birth; or  (iii) Remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and    (B) Which causes the premature termination of the pregnancy;    (2) Attempt to perform or induce an abortion means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter;  (3)  (A)  (i) Dismemberment abortion means an abortion performed with the purpose of causing the death of an unborn child that purposely dismembers the living unborn child and extracts one (1) piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two (2) rigid levers, slice, crush, or grasp a portion of the body of the unborn child to cut or tear off a portion of the body of the unborn child.  (ii) Dismemberment abortion includes an abortion in which suction is used to extract the body of the unborn child subsequent to the dismemberment of the unborn child as described under subdivision (3)(A)(i) of this section.    (B) Dismemberment abortion does not include an abortion that uses suction to dismember the body parts of the unborn child into a collection container;    (4) Physician means any person licensed to practice medicine in this state, including a medical doctor or a doctor of osteopathy;  (5) Purposely means to act with purpose with respect to a material element of an offense when:  (A) If the element involves the nature of the conduct of the actor or a result of the conduct of the actor, it is the conscious object of the actor to engage in conduct of that nature or cause such a result; and  (B) If the element involves the attendant circumstances, the actor is aware of the existence of such circumstances or the actor believes or hopes that such circumstances exist;    (6)  (A) Serious health risk to the pregnant woman means a condition that, in a reasonable medical judgment, complicates the medical condition of a pregnant woman to such an extent that the abortion of a pregnancy is necessary to avert either the death of the pregnant woman or the serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman.  (B) Serious health risk to the pregnant woman does not include:  (i) A psychological or emotional condition; or  (ii) A medical diagnosis that is based on a claim of the pregnant woman or on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman;      (7) Unborn child means an individual organism of the species Homo sapiens from fertilization until live birth; and  (8) Woman means a female human being whether or not she has reached the age of majority.  
 (a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman.  (b)  (1) A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman.  (2) The findings of the board are admissible in any court proceedings under this subchapter.  (3) Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section.    (c) The following individuals are excluded from liability under this subchapter:  (1) A woman who receives or attempts to receive a dismemberment abortion;  (2) A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and  (3) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician.    (d) This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest.  
 (a)  (1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by:  (A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter;  (B) A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or  (C) A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter.    (2) The injunction shall prevent the abortion provider from performing or attempting to perform further dismemberment abortions in violation of this subchapter.    (b)  (1) A cause of action for civil damages against a person who has purposely violated this subchapter may be maintained by:  (A) The woman who receives a dismemberment abortion in violation of this subchapter;  (B) The father of the unborn child, if the father is married to the woman at the time the dismemberment abortion was performed in violation of this subchapter; or  (C) If the woman who received a dismemberment abortion in violation of this subchapter is a minor or has died as a result of the dismemberment abortion, the parents or legal guardians of the woman who received a dismemberment abortion in violation of this subchapter.    (2) Civil damages shall not be awarded to a plaintiff if the pregnancy resulted from the criminal conduct of the plaintiff.  (3) Civil damages shall include:  (A) Monetary damages for psychological injuries and physical injuries associated with the dismemberment abortion; and  (B) Statutory damages equal to three (3) times the cost of the dismemberment abortion.      (c)  (1) 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.  (2) 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.  (3) A reasonable attorney's fee shall not be assessed against the woman who received a dismemberment abortion.    
 A person who violates  20-16-1803(a) commits a Class D felony. 
 (a) In a civil proceeding or action brought under this subchapter, the court shall determine whether the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved from public disclosure without her written consent.  (b)  (1) Upon determining that the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard from public disclosure the identity of the woman who received or attempted to receive a dismemberment abortion.  (2) An order under subdivision (b)(1) of this section shall be accompanied by specific written findings explaining:  (A) Why the anonymity of the woman who received or attempted to receive a dismemberment abortion should be preserved from public disclosure;  (B) Why the order is essential to that end;  (C) How the order is narrowly tailored to serve that end; and  (D) Why no reasonable, less restrictive alternative exists.    (3) In the absence of written consent of the woman who received or attempted to receive a dismemberment abortion, anyone other than a public official who brings an action under  20-16-1804 shall bring the action under a pseudonym.  (4) This subsection does not conceal from the defendant the identity of the plaintiff or of a witness.    
 This subchapter does not:   (1) Create or recognize a right to abortion;  (2) Create or recognize a right to a particular method of abortion; or  (3) Make lawful an abortion that is currently unlawful under any law of this state.  
 This subchapter shall be known and may be cited as the Sex Discrimination by Abortion Prohibition Act. 
 (a) The General Assembly finds that:  (1) With regard to sex-selection abortion:  (A) The victims of sex-selection abortion are overwhelmingly female;  (B) A sex-selection abortion is used to prevent the birth of a child of an undesired sex;  (C) The United States, along with other countries, has petitioned the United Nations General Assembly to declare sex-selection abortion a crime against women;  (D) Countries such as India, Great Britain, and China have taken steps to end sex-selection abortions;  (E) Women are a vital part of our society and culture and possess the same fundamental human rights as men;  (F) The United States prohibits discrimination on the basis of sex in various areas, including employment, education, athletics, and health insurance;  (G) It is undesirable to have a distortion in the sex ratio within a society, particularly when there is a shortage of women; and  (H) Countries with high rates of male preference have experienced ill effects as a result of having an increasing population of young, unmarried men; and    (2) With regard to maternal health:  (A) It is undisputed that abortion risks to maternal health increase as gestation increases;  (B) The risk of death for pregnant women at eight (8) weeks' gestation is one (1) death per one million (1,000,000) and rises to:  (i) One (1) death per twenty-nine thousand (29,000) abortions between sixteen (16) and twenty (20) weeks' gestation; and  (ii) One (1) death per eleven thousand (11,000) abortions at twenty-one (21) weeks' gestation or later;    (C) A woman is thirty-five (35) times more likely to die from an abortion performed at twenty (20) weeks' gestation than she would have been had the abortion been performed in the first trimester;  (D) A woman is ninety-one (91) times more likely to die from an abortion performed at twenty-one (21) weeks' gestation or later than she would have been had the abortion been performed in the first trimester; and  (E) Because abortions performed solely based on the sex of a child are generally performed later in pregnancy, women undergoing these abortions are unnecessarily exposed to increased health risks, including an exponentially higher risk of death.      (b) Based on the findings in this section, the purpose of this subchapter is to:  (1) Ban abortions performed solely for reasons of sex-selection; and  (2) Protect women from the risks inherent in late-term abortions.    
 As used in this subchapter:   (1)  (A) Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.  (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:  (i) Save the life or preserve the health of the unborn child;  (ii) Remove a dead unborn child caused by spontaneous abortion; or  (iii) Remove an ectopic pregnancy;      (2) Incompetent means an individual who has been adjudicated as an individual with a disability and has had a guardian appointed for her;  (3) Minor means an individual under eighteen (18) years of age;  (4) Physician means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy;  (5) Sex-selection abortion means an abortion performed solely on the basis of the sex of the unborn child;  (6) Unborn child means the offspring of human beings from conception until birth; and  (7) Viability means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support.  
 (a) A physician or other person shall not intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely on the basis of the sex of the unborn child.  (b) Before performing an abortion, the physician or other person who is performing the abortion shall:  (1)  (A) Ask the pregnant woman if she knows the sex of the unborn child.  (B) If the pregnant woman knows the sex of the unborn child, the physician or other person who is performing the abortion shall inform the pregnant woman of the prohibition of abortion as a method of sex selection for children; and    (2)  (A) Request the medical records of the pregnant woman relating directly to the entire pregnancy history of the woman.  (B) An abortion shall not be performed until reasonable time and effort is spent to obtain the medical records of the pregnant woman as described in subdivision (b)(2)(A) of this section.      (c) If this section is held invalid as applied to the period of pregnancy prior to viability, then the section shall remain applicable to the period of pregnancy subsequent to viability.  
 A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class A misdemeanor. 
 (a)  (1) A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable.  (2) The physician or other person may also be enjoined from future acts prohibited by this subchapter.    (b)  (1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion as a method of sex selection for children, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages.  (2) Damages may include without limitation:  (A) Money damages for all psychological and physical injuries occasioned by the violation of this subchapter; and  (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.      (c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct for which his or her license to provide healthcare services in this state shall be suspended or revoked by the Arkansas State Medical Board.  (d)  (1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by:  (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or  (B) The Attorney General.    (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.    
 (a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation.  (b) In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims.  (c)  (1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure.  (2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of the individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure.  (3) In the absence of written consent of the woman who receives or attempts to receive an abortion in violation of this subchapter, a person who initiates a proceeding or action under  20-16-1906(b) or  20-16-1906(d) shall do so under a pseudonym.    
 (a) This subchapter shall not be construed as creating or recognizing a right to abortion.  (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.  
 The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. 
 This subchapter takes effect on January 1, 2018. 
 (a) The Arkansas Reproductive Health Monitoring System is established and is to be administered within Arkansas Children's Hospital.  (b) The purpose of the system is to collect and analyze data from a number of sources to describe trends in the occurrence of reproductive endpoints, including without limitation congenital anomalies, fetal deaths, stillbirths, and premature births, and to investigate the causes of unexpected reproductive endpoints.  
 As used in this subchapter, commission means the advisory commission established in  20-16-203. 
 (a) The Arkansas Reproductive Health Monitoring System shall be administered with the advice of an advisory commission appointed to one-year renewable terms by the Medical Director of the Arkansas Reproductive Health Monitoring System.  (b) The functions of the commission are to:  (1) Advise the Medical Director of the Arkansas Reproductive Health Monitoring System as to the adequacy of policies, procedures, and performance of the system;  (2) Promote the purposes of the system and assist in identification of appropriate funding sources;  (3) Promote interagency cooperation toward the goals of the system; and  (4) Review mechanisms ensuring the maintenance of the confidentiality of personal data.    (c) The commission shall be composed of the following state agency members, professional members, and public members:  (1) The Medical Director of Arkansas Children's Hospital;  (2) The Chancellor of the University of Arkansas for Medical Sciences;  (3) The Secretary of the Department of Health;  (4) The Director of the National Center for Toxicological Research;  (5) One (1) representative of the Arkansas Chapter, American Academy of Pediatrics;  (6) One (1) representative of the Arkansas Society for Obstetrics and Gynecology;  (7) One (1) representative of the Arkansas Hospital Association, Inc.;  (8) Two (2) consumer representatives;  (9) One (1) member from the House Committee on Public Health, Welfare, and Labor and one (1) member from the Senate Committee on Public Health, Welfare, and Labor; and  (10) Up to six (6) additional members at large may be appointed.    (d) Members of the commission who are not employees of the state may receive expense reimbursement in accordance with  25-16-901 et seq.  
 (a) The Arkansas Reproductive Health Monitoring System shall be administered by a medical director appointed by the Medical Director of Arkansas Children's Hospital from among the professional staff of Arkansas Children's Hospital.  (b) The Medical Director of the Arkansas Reproductive Health Monitoring System shall:  (1) Supervise the work of the system and administer the budget;  (2) Appoint and remove such other employees as may be necessary to perform the duties and responsibilities of the system; and  (3) Select and retain the services of consultants whose advice is considered necessary to carry out the system's mandate.    
 (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.  
 The Arkansas Reproductive Health Monitoring System is expressly exempted and prohibited from supplying any information by individual name or other personal identifier or in a form other than a statistical report or other appropriate form which protects the confidentiality of individuals except to any state agency or department which originally supplied the information to the system unless both the originating agency and the system grant release of this information for a specific purpose. 
 All hospitals with patient records containing information pertaining to reproduction and development are required to share information in those records with the Arkansas Reproductive Health Monitoring System. 
 (a) Any physician, clinic, person, or organization may provide information relative to reproductive health to the Arkansas Reproductive Health Monitoring System.  (b) No liability of any kind for damages or other relief shall arise or be enforced against any person or organization for having provided the information or for having released or published the findings of the system in order to reduce morbidity or mortality or to advance medical research or medical education.  
 The Arkansas Reproductive Health Monitoring System shall have the power to enter into agreements with other states and the Centers for Disease Control and Prevention consistent with the requirements and restrictions of this subchapter in order to obtain relevant information for the system concerning Arkansas residents who receive health-related services outside the state. 
 (a) The Arkansas Reproductive Health Monitoring System shall have the power to receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities under this subchapter.  (b) Arkansas Children's Hospital is not required to implement this system unless sufficient funds are available as determined by the Medical Director of Arkansas Children's Hospital.  (c) The system may be implemented in stages or phases.  
 The Arkansas Reproductive Health Monitoring System shall periodically prepare reports of its findings for dissemination to appropriate agencies and interested persons. 
 The Arkansas Reproductive Health Monitoring System is expressly prohibited from rendering patient care, promulgating any rule or regulation, or engaging in any regulatory activity. 
 (a) Persons other than the state or Arkansas Reproductive Health Monitoring System shall not acquire any actionable right by virtue of this subchapter.  (b) A determination by the system that a source is suspected of causing adverse reproductive health outcomes shall not create by reason thereof any presumption of law or finding of a fact which shall inure to, or be for, the benefit of any person other than the state.  
 This subchapter shall be known and may be cited as the Cherish Act. 
 (a) The General Assembly finds that:  (1)  (A) The United States is one (1) of only seven (7) nations in the world that permits nontherapeutic or elective abortion on request after the twentieth week of gestation.  (B) Fully seventy-five percent (75%) of all nations do not permit abortion after twelve (12) weeks' gestation, except to save the life and preserve the physical health of the mother;    (2) Medical and other authorities now know more about human prenatal development than ever before, including without limitation:  (A) Between five (5) and six (6) weeks' gestation, an unborn human being's heart begins to beat;  (B) An unborn human being begins to move about in the womb at approximately eight (8) weeks' gestation;  (C) At nine (9) weeks' gestation, all basic physiological functions, buds for teeth, eyes, and external genitalia are present;  (D)  (i) An unborn human being's vital organs begin to function at ten (10) weeks' gestation.  (ii) Hair, fingernails, and toenails begin to form at ten (10) weeks' gestation;    (E)  (i) At eleven (11) weeks' gestation, an unborn human being's diaphragm develops, which can result in hiccups.  (ii) In addition, an unborn human being begins to move about freely in the womb; and    (F)  (i) At twelve (12) weeks' gestation, an unborn human being can open and close his or her fingers, make sucking motions, and sense stimulation from outside the womb.  (ii) At this stage, the unborn human being takes on the human form in all relevant aspects as stated in Gonzales v. Carhart, 550 U.S. 124, 160 (2007);      (3) The United States Supreme Court has recognized that a state has an important and legitimate interest in protecting the potentiality of human life in Roe v. Wade, 410 U.S. 113, 162 (1973), and, specifically, that the state has an interest in protecting the life of the unborn as discussed in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 873 (1992);  (4)  (A) The majority of abortion procedures performed after fifteen (15) weeks' gestation are dismemberment abortions as defined by  20-16-1802, which are prohibited under the Arkansas Unborn Child Protection from Dismemberment Abortion Act,  20-16-1801 et seq.  (B) The performance of these types of abortions for nontherapeutic or elective reasons is a barbaric practice that is dangerous for the pregnant woman and demeaning to the medical profession;    (5) Most obstetricians and gynecologists practicing in this state do not offer or perform nontherapeutic or elective abortions;  (6)  (A) According to a 2004 article, abortion can cause significant physical and psychological risks to the pregnant woman that increase with gestational age.  (B) Specifically, the relative physical and psychological risks escalate exponentially as gestational age increases in abortions performed after eight (8) weeks' gestation;    (7) In the vast majority of uncomplicated pregnancies, the maternal health risks of undergoing an abortion become greater than the risks of carrying a pregnancy to term as the second trimester progresses;  (8) In abortions performed after fifteen (15) weeks' gestation, there is a higher risk that a pregnant woman will require a hysterectomy, other reparative surgery, or blood transfusions; and  (9) The state has legitimate interests from the outset of pregnancy in protecting the health of women as determined by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 847 (1992), as the medical, emotional, and psychological consequences of abortion are serious and can be lasting as stated in H.L. v. Matheson, 450 U.S. 398, 411 (1981).    (b) It is the intent of the General Assembly to restrict the practice of nontherapeutic or elective abortions to the period up to the eighteenth week of gestation.  
 As used in this subchapter:   (1) Abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device:  (A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to:  (i) Increase the probability of a live birth;  (ii) Preserve the life or health of the unborn child;  (iii) Terminate an ectopic pregnancy; or  (iv) Remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and    (B) That causes the premature termination of the pregnancy;    (2) Attempt to perform or induce an abortion means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter;  (3) Conception means the fusion of human spermatozoon with a human ovum;  (4) Gestation means the time that has elapsed since the first day of the woman's last menstrual period;  (5) Human being means an individual member of the species Homo sapiens from and after the point of conception;  (6) Major bodily function means the functions of the body, including without limitation functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions;  (7) Medical emergency means a condition that, on the basis of the physician's good-faith clinical judgment, necessitates an abortion to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function;  (8) Physician means a person licensed to practice medicine in this state, including a medical doctor; and  (9) Probable gestational age means the age of an unborn human being as calculated from the first day of the last menstrual period of the pregnant woman.  
 (a) Except in a medical emergency or if the pregnancy results from a rape under  5-14-103 or incest under  5-26-202, a person shall not perform, induce, or attempt to perform or induce an abortion unless the physician or referring physician has:  (1) Made a determination of the probable gestational age of the unborn human being according to standard medical practices and techniques used in the medical community; and  (2) Documented the probable gestational age in the medical records of the pregnant woman and, if required, in a report with the Department of Health as described in subsection (c) of this section.    (b) Except in a medical emergency or if the pregnancy results from a rape under  5-14-103 or incest under  5-26-202, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being is determined to be greater than eighteen (18) weeks' gestation.  (c)  (1) If a physician performs or induces an abortion on an unborn human being whose gestational age is greater than eighteen (18) weeks, the physician shall file a report with the department within fifteen (15) days of the abortion.  (2) The report described in subdivision (c)(1) of this section shall contain:  (A) The date that the abortion was performed;  (B) The specific method used for the abortion;  (C) The probable gestational age of the unborn human being and the method used to calculate gestational age;  (D) A statement declaring that the abortion was necessitated by a medical emergency;  (E) The specific medical indications supporting the abortion and medical emergency;  (F) The probable health consequences of the abortion and of the specific method used; and  (G) The signature of the physician attesting that the information stated is true and correct to the best of his or her knowledge.    (3) A report made under this subsection shall not contain the name of the pregnant woman upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion.    
 (a) Within thirty (30) days of July 24, 2019, the Department of Health shall create forms required by this subchapter.  (b) The reporting requirements shall be enforceable ten (10) days after either July 24, 2019, or the date that the forms described in subsection (a) of this section become available, whichever occurs later.  
 (a)  (1) A person who purposely or knowingly violates this subchapter is guilty of a Class D felony.  (2) A woman upon whom an abortion is performed, induced, or attempted in violation of this subchapter shall not be prosecuted for conspiracy to commit a violation of this subchapter.    (b) A physician who purposely or knowingly violates this subchapter commits an act of unprofessional conduct that shall result in the Arkansas State Medical Board's suspending or revoking his or her license.  (c) A physician who purposely or knowingly delivers to the Department of Health any report required under this subchapter that he or she knows is false is subject to a civil penalty or fine up to two thousand dollars ($2,000) per violation imposed by the department.  (d) A woman upon whom an abortion has been performed, induced, or attempted in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed, induced, or attempted the abortion in violation of this subchapter for actual and punitive damages.  (e)  (1) A cause of action for injunctive relief against a person who has purposely, knowingly, or recklessly violated this subchapter may be maintained by:  (A) A prosecuting attorney with appropriate jurisdiction; or  (B) The Attorney General.    (2) The injunction shall prevent the abortion provider from performing or inducing and from attempting to perform or induce further abortions in violation of this subchapter.    (f) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.  (g) 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 render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff.  (h) Damages or attorney's fees shall not be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except under subsection (d) of this section.  
 This subchapter does not:   (1) Create or recognize a right to abortion;  (2) Create or recognize a right to a particular method of abortion; or  (3) Make lawful an abortion that is currently unlawful under any law of this state.  
 (a) The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.  (b) The Governor may also intervene as a matter of right in any case in which the constitutionality of this law is challenged.  
 This subchapter shall be known and may be cited as the Down Syndrome Discrimination by Abortion Prohibition Act. 
 As used in this subchapter:   (1)  (A) Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.  (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:  (i) Save the life or preserve the health of the unborn child or the pregnant woman;  (ii) Remove a dead unborn child caused by spontaneous abortion; or  (iii) Remove an ectopic pregnancy;      (2) Down Syndrome means a chromosome disorder associated with either:  (A) An extra copy of the chromosome 21, in whole or in part; or  (B) An effective trisomy for chromosome 21;    (3) Physician means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy; and  (4) Unborn child means the offspring of human beings from conception until birth.  
 (a) A physician shall not intentionally perform or attempt to perform an abortion with the knowledge that a pregnant woman is seeking an abortion solely on the basis of:  (1) A test result indicating Down Syndrome in an unborn child;  (2) A prenatal diagnosis of Down Syndrome in an unborn child; or  (3) Any other reason to believe that an unborn child has Down Syndrome.    (b)  (1) Before performing an abortion, the physician performing the abortion shall ask the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome.  (2) If the pregnant woman knows of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome, the physician who is performing the abortion shall:  (A) Inform the pregnant woman of the prohibition of abortion contained in subsection (a) of this section; and  (B) Request the medical records of the pregnant woman relevant to determining whether she has previously aborted an unborn child or children after she became aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have had Down Syndrome.    (3) When the physician performing the abortion is required to request the medical records of the pregnant women under subdivision (b)(2)(B) of this section, the physician shall not perform an abortion until the physician spends at least fourteen (14) days to obtain the medical records described in subdivision (b)(2)(B) of this section.    (c) If this section is held invalid as applied to the period of pregnancy prior to viability, then this section shall remain applicable to the period of pregnancy subsequent to viability.  (d) This section does not apply to an abortion performed on a pregnant woman if the pregnancy is the result of rape or incest.  
 A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class D felony. 
 (a)  (1) A physician who knowingly violates this subchapter is liable for damages and shall have his or her medical license revoked as applicable.  (2) The physician may also be enjoined from future acts prohibited by this subchapter.    (b)  (1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion for the purposes of aborting an unborn child diagnosed with Down Syndrome, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages.  (2) Damages may include without limitation:  (A) Money damages for any psychological and physical injuries occasioned by the violation of this subchapter; and  (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.      (c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct and his or her license to provide healthcare services in this state shall be revoked by the Arkansas State Medical Board.  (d)  (1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by:  (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or  (B) The Attorney General.    (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.    
 (a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation of this subchapter.  (b) In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims.  (c)  (1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure.  (2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure.    
 The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. 
 This subchapter shall be known and may be cited as the Prohibition of Public Funding of Human Cloning and Destructive Embryo Research Act. 
 (a) The General Assembly finds that:  (1) The prospect of creating new human life solely to be exploited or destroyed has been condemned on moral grounds as displaying a profound disrespect for a human life;  (2) Destructive human embryo research reduces the status of human embryos to a mere means for possible benefit for another person;  (3) The moral justification of medical or scientific research cannot be based upon the dehumanizing and utilitarian premise that the ends justify any means;  (4) Research and development of therapeutic cloning and methods to ethically obtain adult stem cells have contributed valuable therapeutic advancements and improved patient health and have proven more promising than research involving the destruction or exploitation of human embryos as a therapeutic means;  (5) Recent and promising advances in reprogramming human cells to behave as if in an embryonic state render controversial cloned human embryos unnecessary for use in destructive embryo research;  (6) Cloning embryos and destructive embryo research require human egg cells which are very expensive to obtain;  (7) Harvesting human egg cells also creates significant health risks to a woman, including without limitation:  (A) Ovarian hyperstimulation syndrome;  (B) Damage to internal organs or blood vessels;  (C) Infertility;  (D) Depression; and  (E) Death;    (8) Harvesting human egg cells for research contributes to the commoditization and exploitation of women;  (9) Public opinion is divided over the deeply conflicting moral and ethical concerns:  (A) Related to payments to women for access to human egg cells; and  (B) Surrounding the creation and destruction of human embryos; and    (10) Providing public funding of destructive embryo research would be a misuse of revenue collected by the state.    (b) Based on the findings in this section, the purpose of this subchapter is to further the important and compelling state interest of:  (1) Respecting life and fostering a culture of life;  (2) Directing public expenditures:  (A) Away from funding research that has not yielded significant scientific contributions or benefit to patients; and  (B) Toward funding research that has already made significant contributions to patients; and    (3) Relieving the consciences of taxpayers who:  (A) Are concerned about the possible exploitation of women that may result from payment for human egg cells; and  (B) Object to human cloning and destructive embryo research.      (c) Public funding of human cloning and destructive embryo research, including embryonic stem cell research, is against the public policy of this state.  
 As used in this subchapter:   (1)  (A) Destructive embryo research means medical procedures, scientific or laboratory research, or other types of investigation that kill or injure the human embryo subject of the procedure or research.  (B) Destructive embryo research does not include:  (i) In vitro fertilization and accompanying embryo transfer to the body of a woman;  (ii) Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans; or  (iii) Any diagnostic procedure that benefits the human embryo subject of the procedure or research while not imposing risks greater than those considered acceptable for other human research subjects;      (2) Embryo means an organism of the species Homo sapiens from the single cell stage to eight (8) weeks of development that is derived by fertilization, parthenogenesis, human cloning, or any other means from one (1) or more human gametes or human diploid cells;  (3) Embryonic stem cell means a stem cell obtained from an embryo of the species Homo sapiens;  (4) Human cloning means human asexual reproduction accomplished by:  (A) Introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically identical to an existing or previously existing human organism;  (B) Artificially subdividing a human embryo at any time from the two-cell stage onward resulting in more than one (1) human organism; or  (C) Introducing pluripotent stem cells from any source into a human embryo or artificially manufactured human embryo or trophoblast under conditions where the introduced cells generate all or most of the body tissues of the developing organism;    (5) Public funds means without limitation:  (A) Moneys received or collected by the state or any official, department, division, agency, or educational or political subdivision of the state, including without limitation:  (i) Moneys derived from federal, state, or local taxes;  (ii) Gifts or grants from any source;  (iii) Settlement of any claim or cause of action;  (iv) Bond proceeds or investment income;  (v) Federal grants or payments; or  (vi) Intergovernmental transfers; and    (B) Moneys received or controlled by an official, department, division, or agency of the state government or any educational or political subdivision of the state pursuant to an appropriation by the General Assembly; and    (6) Somatic cell means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development.  
 (a) Public funds shall not be used to:  (1) Finance human cloning or destructive embryo research, including destructive embryonic stem cell research;  (2) Buy, receive, or otherwise transfer a human embryo with the knowledge that the embryo will be subject to destructive research; or  (3) Buy, receive, or otherwise transfer gametes with the knowledge that a human embryo will be produced from the gametes to be used in destructive research.    (b) The state, a state educational institution, or a political subdivision of the state shall not use public funds, facilities, or employees to knowingly destroy human embryos for the purpose of research or knowingly participate in human cloning or attempted human cloning.  
 This subchapter does not restrict the funding of areas of scientific research not specifically prohibited by this subchapter, including without limitation:   (1) In vitro fertilization and accompanying embryo transfer to the body of a woman;  (2) Administration of fertility-enhancing drugs;  (3) Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans; and  (4) Any diagnostic procedure that benefits the human embryo subject to destructive tests while not imposing risks greater than those considered acceptable for other human research subjects.  
 (a) A person or entity that knowingly fails to comply with the provisions of this subchapter is guilty of a Class A misdemeanor.  (b) A person or entity that knowingly fails to comply with the provisions of this subchapter shall be fined a civil penalty in the amount of one thousand dollars ($1,000).  (c) A violation of this subchapter may be the basis for:  (1) Denying an application for an initial license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession;  (2) Denying an application for renewal of a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession; or  (3) Revoking a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession.    
 A taxpayer of this state or any political subdivision of this state shall have standing to bring suit to enforce this subchapter against:   (1) The state, any official, department, division, agency, or political subdivision of this state; and  (2) A recipient of public funds that is in violation of this subchapter.  
 The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this subchapter is challenged. 
 This subchapter shall be known and may be cited as the Perinatal Palliative Care Information Act. 
 (a) The General Assembly finds that:  (1) As diagnosis of prenatal conditions improves, more lethal fetal anomalies are diagnosed earlier in pregnancy;  (2)  (A) Currently, parents are often given minimal options.  (B) Parents must choose between terminating the pregnancy or simply waiting for the child to die;    (3) The majority of parents in the situation described in subdivision (a)(2) of this section choose to terminate the pregnancy, with only twenty percent (20%) of parents deciding to continue the pregnancy;  (4) Studies indicate that choosing to terminate a pregnancy can pose severe long-term psychological risks for a woman, including the risk of post-traumatic stress, depression, and anxiety;  (5) Parents who choose to continue the pregnancy under the supportive, compassionate care of a perinatal palliative care team report being emotionally and spiritually prepared for the birth of a child; and  (6) Studies reveal that when given the option, at least eighty to eighty-seven percent (80-87%) of parents choose to continue their pregnancies in a supportive environment of perinatal palliative care.    (b) It is the purpose of this subchapter to:  (1) Guarantee that a woman considering an abortion after a diagnosis of a lethal fetal anomaly is presented with information on the option of perinatal palliative care; and  (2) Ensure that any abortion choice that a woman makes has been fully informed.    
 As used in this subchapter:   (1)  (A) Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.  (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:  (i) Save the life or preserve the health of the unborn child;  (ii) Remove a dead unborn child caused by spontaneous abortion; or  (iii) Remove an ectopic pregnancy;      (2) Lethal fetal anomaly means a fetal condition diagnosed before birth that will result in the death of the unborn child with reasonable certainty within three (3) months of the birth;  (3) Medical emergency means, based on the good faith clinical judgment of the physician, a condition that has complicated the medical condition of the pregnant woman so as to necessitate the immediate termination of the pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function;  (4)  (A) Perinatal palliative care means comprehensive support to the pregnant woman and her family that includes support from the time of diagnosis, through the time of birth and the death of the infant, and through the postpartum period.  (B) Perinatal palliative care may include without limitation counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty nurses focused on alleviating fear and ensuring that the woman and her family experience the life and death of the child in a comfortable and supportive environment; and    (5) Physician means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy.  
 (a) Except in the case of a medical emergency, consent to an abortion when the unborn child has been diagnosed with a lethal fetal anomaly is voluntary and informed only if at least seventy-two (72) hours before the abortion:  (1) The physician performing the abortion has verbally informed the pregnant woman that perinatal palliative care services are available and has offered perinatal palliative care services as an alternative to abortion; and  (2) The pregnant woman is given a list of perinatal palliative care services available both in the state and nationally that is prepared by the Department of Health and organized geographically by location.    (b) If the pregnant woman declines perinatal palliative care services, the pregnant woman shall certify in writing that:  (1) She declines the perinatal palliative care services; and  (2) She has received the materials described in subdivision (a)(2) of this section.    
 (a) A violation of this subchapter shall constitute unprofessional conduct and shall result in the revocation of a physician's license to practice medicine.  (b) A violation of this subchapter may be used as the basis for:  (1) Denying an application for licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession;  (2) Denying an application for renewal of licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession; and  (3) Revoking a license, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession.    
 The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this subchapter is challenged. 
 This subchapter shall be known and may be cited as the Arkansas Family Planning Act. 
 It is the declaration of the General Assembly that:   (1) Continuing population growth either causes or aggravates many social, economic, and environmental problems, both in this state and in the nation;  (2) Contraceptive procedures, supplies, and information as to and procedures for voluntary sterilization are not sufficiently available as a practical matter to many persons in this state;  (3) It is desirable that inhibitions and restrictions be eliminated so that all persons desiring and needing contraceptive procedures, supplies, and information shall have ready and practicable access thereto through legally recognized channels; and  (4) Section 20-16-304 sets forth the policy and authority of this state, its political subdivisions, and all agencies and institutions thereof, including prohibitions against restrictions, with respect to contraceptive procedures, supplies, and information.  
 As used in this subchapter:   (1) Contraceptive procedures means any medically accepted procedures designed to prevent conception; and  (2) Contraceptive supplies means those medically approved items designed to prevent conception through chemical, mechanical, or other means.  
 It shall be the policy and authority of this state that:   (1) All medically acceptable contraceptive procedures, supplies, and information shall be available through legally recognized channels to each person desirous of the procedures, supplies, and information regardless of sex, race, age, income, number of children, marital status, citizenship, or motive;  (2) Medical procedures for permanent sterilization, when performed by a physician on a requesting and consenting person eighteen (18) years of age or older, or less than eighteen (18) years of age if legally married, be consistent with public policy;  (3) Dissemination of medically acceptable contraceptive information in this state and in state and county health and welfare departments, in medical facilities, at institutions of higher education, and at other agencies and instrumentalities of this state be consistent with public policy;  (4) Nothing in this subchapter shall prohibit a physician, pharmacist, or any other authorized paramedical personnel from refusing to furnish any contraceptive procedures, supplies, or information; and  (5) No private institution or physician, nor any agent or employee of the institution or physician, nor any employee of a public institution acting under directions of a physician, shall be prohibited from refusing to provide contraceptive procedures, supplies, and information when the refusal is based upon religious or conscientious objection. No such institution, employee, agent, or physician shall be held liable for the refusal.  
 Subject to the rules of law applicable generally to negligence, no physician or surgeon licensed by this state shall be liable civilly or criminally by reason of having performed surgical sterilization authorized by the provisions of this subchapter upon any person in this state. 
 This subchapter shall not be applicable to the Department of Health. 
 (a)  (1) Any bona fide appropriately licensed medical facility, including, but not limited to, a county hospital, participating in recognized research in Arkansas and the Centers for Disease Control and Prevention is expressly authorized to contract for the production of any information relevant to monitoring reproductive health.  (2) Information acquired under this subsection includes, but is not limited to, information identified by name or other personal identifying information including the method by which the information was compiled or tabulated.    (b) The University of Arkansas for Medical Sciences, Arkansas Children's Hospital, other participating medical facilities as described in subsection (a) of this section, and the Centers for Disease Control and Prevention are expressly prohibited from supplying any information obtained pursuant to subsection (a) of this section by individual name or other personal identifying information or in a form other than a statistical report or other appropriate form which protects the confidentiality of individuals.  (c) Information obtained pursuant to subsection (a) of this section may be returned to any state agency or department from which it was originally obtained.  
 The University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention shall have the power to enter into agreements with neighboring states consistent with the requirements and restrictions of this subchapter in order to obtain relevant information concerning Arkansas residents who receive health-related services outside the state. 
 All hospitals with pediatric, obstetric, or spontaneous abortion patient records may under this subchapter contract to share information in those records with the University of Arkansas for Medical Sciences, Arkansas Children's Hospital, other bona fide licensed medical facilities, and the Centers for Disease Control and Prevention. 
 Any physician, clinic, person, or organization may under this subchapter contract to provide information relative to reproductive health to the University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention. 
 Persons other than the state, the University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention shall not acquire any actionable right by virtue of this subchapter. 
 A determination by a study done under this subchapter that a source is suspected of causing adverse fetal or neonatal health outcomes shall not create by reason thereof any presumption of law or finding of a fact which shall inure to or be for the benefit of any person other than the state. 
 No liability of any kind for damages or other relief shall arise or be enforced against any person or organization by reason of having provided information pursuant to this subchapter or by reason of having released or published the findings of research studies in order to reduce morbidity or mortality or to advance medical research or medical education based on information shared under this subchapter. 
 (a) Any person who determines by laboratory examination that a specimen derived from a human body yields microscopical, cultural, serological, or other evidence suggestive of those sexually transmitted diseases enumerated in subsection (b) of this section shall notify the HIV/STD/Hepatitis C Section of the Department of Health of such findings.  (b) Notice shall be given for the following conditions or diseases:  (1) Syphilis;  (2) Gonorrhea;  (3) Chancroid;  (4) Lymphogranuloma Venereum; and  (5) Granuloma Inguinale.    (c) Specific reportable sexually transmitted disease tests are:  (1) All reactive or positive and weakly reactive or doubtful serological tests for syphilis;  (2) All reactive or positive and weakly reactive or doubtful spinal fluid serological tests for syphilis;  (3) All positive darkfield microscopic tests for treponema pallidum;  (4) All positive gonococcal smears or cultures; and  (5) All positive tests indicating the presence of Ducrey's bacillus, known as chancroid, or Donovan bodies, known as Granuloma Inguinale, or filterable virus, known as Lymphogranuloma Venereum.    
 (a) Notification shall contain the total number of tests performed by type, number of negative specimens, and number of positive or doubtful specimens.  (b) Notification of positive or doubtful test results shall contain the name, age, sex, and address of the person from whom the specimen was obtained and the name and address of the physician for whom the examination or test was performed.  (c) Notification also shall contain the name of the test performed, the date the test was performed, and the result of the test performed.  (d) Notification shall be submitted in writing and in such form and manner as prescribed by rules of the Infectious Disease Branch of the Department of Health.  
 Laboratory reporting under  20-16-501  20-16-506 shall in no way release the attending physician from his or her responsibility to report cases of sexually transmitted diseases to the HIV/STD/Hepatitis C Section of the Department of Health. 
 All laboratory notifications required by  20-16-501  20-16-506 are confidential and shall not be open for inspection by anyone except public health personnel. 
 The Infectious Disease Branch of the Department of Health may enact each rule as is necessary to assure compliance with  20-16-501  20-16-506. 
 Failure to give notice as provided in  20-16-501  20-16-505 shall be a violation and upon conviction shall be punishable by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). 
 (a)  (1)  (A) Every physician and healthcare provider attending pregnant women in this state for conditions relating to their pregnancy shall, in the case of every woman so attended, take or cause to be taken a sample of venous blood or other approved specimen of the woman as early as reasonably possible in the pregnancy or, if not attended prenatally, at the time of delivery, and shall submit the sample to an approved laboratory for:  (i) A standard serological test for syphilis;  (ii) A standard test for human immunodeficiency virus; and  (iii) A standard test for Hepatitis B.    (B) If for any reason the pregnant woman is not tested for syphilis, human immunodeficiency virus, or Hepatitis B, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician of any responsibility under this subsection.    (2) Every other person authorized by law to attend or to provide medical treatment to pregnant women in this state but not permitted by law to take blood samples shall cause a sample of blood or other approved specimen of the pregnant woman to be taken as early as reasonably possible in the pregnancy or, if not attended prenatally, at the time of delivery, by or under the direction of a physician licensed to practice medicine and surgery and have the sample submitted to an approved laboratory for:  (A) A standard serological test for syphilis;  (B) A standard test for human immunodeficiency virus; and  (C) A standard test for Hepatitis B.    (3) Every physician described in subdivision (a)(1) of this section and every person described in subdivision (a)(2) of this section shall:  (A) Inform each pregnant woman whom he or she is attending of the fact that syphilis, human immunodeficiency virus, and Hepatitis B may be transmitted from an infected mother to the fetus or unborn child and that these infections may be prevented if the maternal infection is recognized and treated; and  (B) Provide counseling and instruction for human immunodeficiency virus in a manner prescribed by the Department of Health based upon contemporary state and federal standards.      (b) For the purpose of this section, a standard serological test shall be a test for syphilis, human immunodeficiency virus, and Hepatitis B, approved or authorized by the Centers for Disease Control and Prevention, and approved by the Secretary of the Department of Health and shall be made at the department's laboratory or at another laboratory approved to make such tests.  (c) All records, reports, data, or other information collected or maintained under this section that identifies or could be used to identify any individual patient, provider, or institution shall be confidential, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967,  25-19-101 et seq. However, this subsection shall not affect the reports required to be submitted to the department under other laws and rules and regulations.  
 (a)  (1) When a minor who believes himself or herself to have a sexually transmitted disease consents to the provision of medical care or surgical care or services by a hospital or public clinic or consents to the performance of medical care or surgical care or services by a physician who is licensed to practice medicine in this state, the consent:  (A) Is valid and binding as if the minor had achieved his or her majority; and  (B) Is not subject to a later disaffirmance by reason of his or her minority.    (2) The consent of a spouse, parent, guardian, or any other person standing in a fiduciary capacity to the minor shall not be necessary in order to authorize hospital care or services or medical or surgical care or services to be provided to the minor by a physician licensed to practice medicine.    (b) Upon the advice and direction of a treating physician or in the case of a medical staff any one (1) of them, a physician or member of a medical staff may inform the spouse, parent, or guardian of any minor as to the treatment given or needed but shall not be obligated to do so. The information may be given to or withheld from the spouse, parent, or guardian without the consent and over the express objection of the minor.  
 (a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy. The refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability to any person nor a basis for any disciplinary or any other recriminatory action against him or her.  (b) No hospital, hospital director, or governing board shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit the procedures shall not be grounds for civil liability to any person nor a basis for any disciplinary or other recriminatory action against it by the state or any person.  (c) The refusal of any person to submit to an abortion or to give consent for an abortion shall not be grounds for loss of any privileges or immunities to which the person would otherwise be entitled, nor shall submission to an abortion or the granting of consent for an abortion be a condition precedent to the receipt of any public benefits.  
 (a) All physicians who use ultrasound equipment in the performance of an abortion shall inform the woman that she has the right to view the ultrasound image of her unborn child before an abortion is performed.  (b)  (1) The physician shall certify in writing that the woman was offered an opportunity to view the ultrasound image and shall obtain the woman's acceptance or rejection to view the image in writing.  (2) If the woman accepts the offer and requests to view the ultrasound image, she shall be allowed to view it.    (c) The physician's certification together with the woman's signed acceptance or rejection shall be placed in the woman's medical file in the physician's office and kept for three (3) years.  (d) Any physician who fails to inform the woman that she has the right to view the ultrasound image of her unborn child before an abortion is performed or fails to allow her to view the ultrasound image upon her request may be subject to disciplinary action by the Arkansas State Medical Board.  
 (a) As used in this section:  (1) Abortion means the use or prescription of an instrument, medicine, drug, or another substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and that causes the premature termination of the pregnancy;  (2) Attempt to perform or induce an abortion means an act or an omission of a statutorily required act that, under the circumstances as the physician believes them to be, constitutes a substantial step toward the performance or induction of an abortion in violation of this section;  (3) Mifepristone means the specific abortion-inducing drug regimen known as RU-486; and  (4) Physician means a natural person licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq.    (b)  (1) When mifepristone or another drug or chemical regimen is used to induce an abortion, the initial administration of the drug or chemical shall occur in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient.  (2) The physician who induces the abortion, or a person acting on behalf of the physician who induces the abortion, shall make all reasonable efforts to ensure that the patient returns twelve (12) to eighteen (18) days after the administration or use of mifepristone or another drug or chemical for a follow-up visit so that the physician can confirm that the pregnancy has been terminated and can assess the patient's medical condition.  (3) A brief description of the efforts made to comply with this section, including the date, time, and identification by name of the person making the efforts, shall be included in the patient's medical record.    (c) This section does not affect telemedicine practice that does not involve the use of mifepristone or another drug or chemical to induce an abortion.  (d)  (1) If the Arkansas State Medical Board finds that a physician licensed by the board has violated the rules of professional conduct by performing an abortion in violation of this subchapter, the board shall revoke the physician's license.  (2) A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed.    (e)  (1)  (A) A woman who receives an abortion, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed, or a maternal grandparent of the unborn child may maintain an action against the person who performed the abortion in violation of this section for actual and punitive damages.  (B) A woman who attempts to receive an abortion in violation of this section may maintain an action against the person who attempted to perform the abortion for actual and punitive damages.    (2)  (A) Upon petition by any citizen in the county in which an alleged violation of this section occurred or in which the defendant resides, a court may enjoin a healthcare professional who has knowingly or recklessly violated this section.  (B) An injunction under subdivision (e)(2)(A) of this section shall prevent the abortion provider from performing further abortions in violation of this section.      (f)  (1) If a judgment is rendered in favor of the plaintiff who prevails in an action under subsection (e) of this section, the court shall award reasonable attorney's fees and costs in favor of the plaintiff against the defendant.  (2) If a 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 order the plaintiff to pay reasonable attorney's fees to the defendant.    (g) A pregnant woman who obtains or possesses mifepristone or another drug or chemical used for the purpose of inducing an abortion to terminate her pregnancy shall not be subject to an action under subsection (e) of this section.  (h)  (1) In a civil proceeding or action brought under this section, the court shall determine if the anonymity of a woman who receives or attempts to receive an abortion shall be preserved from public disclosure without her consent.  (2)  (A) Upon determining that the woman's anonymity shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure.  (B) An order under subdivision (h)(2)(A) of this section shall be accompanied by specific written findings explaining:  (i) Why the anonymity of the woman should be preserved from public disclosure;  (ii) Why the order is essential to that end;  (iii) How the order is narrowly tailored to serve that interest; and  (iv) Why no reasonable, less restrictive alternative exists.    (C) In the absence of written consent of the woman who receives or attempts to receive an abortion, anyone other than a public official who brings an action under subsection (e) of this section shall bring the action under a pseudonym.  (D) This subsection does not conceal the identity of the plaintiff or of a witness from the defendant.      (i) This section does not create or recognize a right to abortion.  
 (a) As used in this section:  (1)  (A) Abortion means the act of using or prescribing any instrument, medicine, drug, or other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.  (B) A use, prescription, or means under this subdivision (a)(1) is not an abortion if the use, prescription, or means is performed with the intent to:  (i) Save the life or preserve the health of the unborn child;  (ii) Remove a dead unborn child caused by spontaneous abortion; or  (iii) Remove an ectopic pregnancy;      (2) Infant means a child who has been completely expulsed or extracted from the mother, regardless of the stage of gestational development, until thirty (30) days after the birth; and  (3) Infant who is born alive means the complete expulsion or extraction of an infant from a mother, regardless of the state of gestational development, who shows any evidence of life, including without limitation:  (A) Breathing;  (B) Heartbeat;  (C) Umbilical cord pulsation; or  (D) Definite movement of voluntary muscles.      (b) A physician, other healthcare professional, or other person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason, including without limitation:  (1) The infant was born with a physical, intellectual, or developmental disability;  (2) The infant was not wanted by the parent or guardian; or  (3) The infant was born alive by natural or artificial means.    (c) A physician, other healthcare professional, or other person shall not deprive an infant of medically appropriate and reasonable medical care and treatment or surgical care.  (d) This section does not prevent an infant's parent or legal guardian from refusing to give consent to medical treatment or surgical care that is not medically necessary or reasonable, including without limitation, care or treatment that:  (1) Is not necessary to save the life of the infant;  (2) Has a potential risk to the life or health of the infant that outweighs the potential benefit to the infant; or  (3) Is treatment that will do no more than temporarily prolong the act of dying when death is imminent.    (e)  (1) A physician performing an abortion shall take all medically appropriate and reasonable steps to preserve the life and health of an infant who is born alive.  (2) If an abortion performed in a hospital results in a live birth, the attending physician shall:  (A) Provide immediate medical care to the infant;  (B) Inform the mother of the live birth;  (C) Request transfer of the infant to an on-duty resident or emergency care physician who shall provide medically appropriate and reasonable medical care and treatment to the infant; and  (D) Report the abortion resulting in a live birth to the Department of Health.    (3) If an abortion performed in a healthcare facility other than a hospital results in a live birth, the attending physician shall:  (A) Provide immediate medical care to the infant;  (B) Call 911 for an emergency transfer of the infant to the hospital for medically appropriate and reasonable care and treatment for the infant; and  (C) Report the abortion resulting in a live birth to the department.    (4) The department shall report and publish the number of abortions resulting in a live birth annually.    (f) If a physician described in subsection (e) of this section is unable to perform the duties described in subsection (e) of this section because the physician is assisting the woman who received an abortion, the attending physician's assistant, nurse, or other healthcare professional shall assume the duties outlined in subsection (e) of this section.  (g) An infant who is born alive shall be treated as an individual under the laws of this state with the same rights to medically appropriate reasonable care and treatment that an infant born prematurely would have.  (h) The infant who is born alive upon birth immediately shall become a ward of the state if:  (1) Before the abortion, the pregnant woman, or if married, the pregnant woman and her spouse, have stated in writing that they do not wish to keep the infant if the abortion results in a live birth; and  (2) The writing described in subdivision (h)(1) of this section is not retracted before the abortion.  (i) (1) An infant who is born alive shall not be used for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the infant who is born alive.    (3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under  16-62-102; and  (4) Injunction from future acts prohibited by this section.       (2)  A violation of subdivision (i)(1) of this section is a Class D felony.    (j)  Failure to comply with this section shall provide a basis for:   (1) A civil action for compensatory and punitive damages which may include a medical malpractice action under  16-114-201 et seq.;    (2)  Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year;    (k)  This section does not:    (1)  Create or recognize a right to abortion;    (2)  Affect existing federal or state law regarding abortion; or    (3)  Alter generally accepted medical standards.    (l)  A physician or other person who purposefully or recklessly violates this section is guilty of a Class A misdemeanor. 
 (a) As used in this section:  (1)  (A) Abortion complication means any harmful event or adverse outcome with respect to a patient related to an abortion that is performed on the patient and that is diagnosed or treated by a physician or at a healthcare facility.  (B) Abortion complication includes without limitation:  (i) Shock;  (ii) Uterine perforation;  (iii) Cervical laceration;  (iv) Hemorrhage;  (v) Aspiration or allergic response;  (vi) Infection;  (vii) Sepsis;  (viii) Death;  (ix) Incomplete abortion;  (x) Damage to the uterus; and  (xi) An infant born alive after an abortion procedure; and      (2) Healthcare facility means a hospital, abortion facility, or healthcare facility that provides emergency medical care.    (b) This section applies only to:  (1) A physician who:  (A) Performs at an abortion facility an abortion that results in an abortion complication diagnosed or treated by the physician; or  (B) Diagnoses or treats at an abortion facility an abortion complication that is the result of an abortion performed by another physician at the abortion facility; and    (2) A healthcare facility.    (c)  (1)  (A) A physician described under subdivision (b)(1) of this section shall electronically submit to the Department of Health a report on each abortion complication diagnosed or treated by the physician not later than the end of the third business day after the date on which the abortion complication was diagnosed or treated.  (B) A healthcare facility described under subdivision (b)(2) of this section shall electronically submit to the department a report on each abortion complication diagnosed or treated by the healthcare facility not later than the thirtieth day after the date on which the abortion complication was diagnosed or treated.    (2) The reports described in subdivision (c)(1) of this section shall:  (A) Be submitted in the form and manner prescribed by rule of the department;  (B) Identify the name of the physician submitting the report or the name and type of healthcare facility submitting the report;  (C) Not identify by any means the physician performing the abortion or the patient on whom the abortion was performed;  (D) Include the most specific, accurate, and complete reporting for the highest level of specificity; and  (E) Include the following information, if known, for each abortion complication:  (i) The date of the abortion that caused or may have caused the abortion complication;  (ii) The type of abortion that caused or may have caused the abortion complication;  (iii) The gestational age of the fetus at the time that the abortion was performed;  (iv) The name and type of healthcare facility in which the abortion was performed;  (v) The date the abortion complication was diagnosed or treated;  (vi) The name and type of any healthcare facility other than the reporting healthcare facility in which the abortion complication was diagnosed or treated;  (vii) A description of the abortion complication;  (viii) The patient's year of birth, race, marital status, state of residence, and county of residence;  (ix) The date of the first day of the patient's last menstrual period that occurred before the date of the abortion that caused or may have caused the abortion complication, if known;  (x) The number of previous live births of the patient; and  (xi) The number of previous induced abortions of the patient.      (3) An event associated with a medical procedure performed after a natural miscarriage, spontaneous abortion, or fetal death is not subject to reporting under this section.    (d)  (1) The department shall develop and publish on the website of the department an annual report that aggregates on a statewide basis each abortion complication reported under this section.  (2) The annual report shall not include any duplicative data.    (e)  (1) The information and records held by the department under this section are confidential and shall not be disclosed under the Freedom of Information Act of 1967,  25-19-101 et seq.  (2) The information and records shall be released only in the following circumstances:  (A) For statistical purposes, but only if a person, patient, or healthcare facility is not identified;  (B) With the consent of each person, patient, and healthcare facility identified in the information released;  (C) For the purpose of enforcing this section, to medical personnel, appropriate state agencies, county courts, or district courts; or  (D) For the purpose of enforcing state licensing laws, to appropriate state licensing boards.      (f)  (1) A physician or healthcare facility that violates this section is subject to a civil penalty of five hundred dollars ($500) for each violation.  (2) The Attorney General, at the request of the department or appropriate licensing board, may file an action to recover a civil penalty assessed under subdivision (f)(1) of this section and may recover attorney's fees and costs incurred in bringing the civil action.  (3) Each day of a continuing violation shall constitute a separate violation.  (4) A third separate violation of this section shall constitute grounds for:  (A) Revocation or suspension of the physician's or the healthcare facility's license, permit, registration, certificate, or other authority; or  (B) Other disciplinary action against the physician or healthcare facility by the appropriate licensing board.    (5) The department shall notify the Arkansas State Medical Board of any violations of this section by a physician.    
 (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.  
 (a) A state agency shall not:  (1) Consent to or approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state; or  (2) Authorize the expenditure of state funds for the purpose of paying for the termination of a pregnancy for a pregnant woman in the custody of the state except to save the life of the pregnant woman, or as required by federal law.    (b) A pregnant woman in the custody or guardianship of the state, her family, or a third-party payer is responsible for all costs, including transportation costs, associated with a medical appointment, or any subsequent healthcare service determined necessary, related to the termination of her pregnancy, except as required by federal law.  (c) A state agency may be involved in a court proceeding related to the consideration by the court of whether to approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state.  (d) A state agency under this section shall report annually to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor the number of any terminations of pregnancies that occurred for women in the custody or guardianship of the state agency.  (e)  (1) A state agency under this section shall promulgate rules necessary to implement this section.  (2)  (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under  25-15-204(f):  (i) On or before January 1, 2020; or  (ii) If approval under  10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under  10-3-309.    (B) A state agency shall file the proposed rule with the Legislative Council under  10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.      
 (a) It is the intention of the General Assembly to regulate abortions in a manner consistent with the decisions of the United States Supreme Court.  (b) All provisions and all terms shall be construed so as to be consistent with those decisions.  
 As used in this subchapter:   (1) Abortion means the intentional termination of the pregnancy of a mother with an intention other than to increase the probability of a live birth or to remove a dead or dying fetus;  (2) Physician means any person licensed to practice medicine in this state; and  (3) Viability means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support.  
 (a) A violation of this subchapter shall be a Class A misdemeanor.  (b) Nothing in this subchapter shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.  
 (a) No abortion of a viable fetus shall be performed unless necessary to preserve the life or health of the woman.  (b) Before a physician may perform an abortion upon a pregnant woman after such time as her fetus has become viable, the physician shall first certify in writing that the abortion is necessary to preserve the life or health of the woman and shall further certify in writing the medical indications for the abortion and the probable health consequences.  (c) This subchapter shall not prohibit the abortion of a viable fetus if the pregnancy is the result of rape or incest perpetrated on a minor.  
 (a) Any physician who performs an abortion upon a woman carrying a viable fetus shall utilize the available method or technique of abortion most likely to preserve the life and health of the viable fetus.  (b) In cases in which the method or technique of abortion which would most likely preserve the life and health of the viable fetus would present a greater risk to the life and health of the woman than another available method or technique, the physician may utilize the other method or technique.  (c) In all cases in which the physician performs an abortion upon a viable fetus, the physician shall certify in writing the available method or techniques considered and the reasons for choosing the method or technique employed.  
 (a) An abortion of a viable fetus shall be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for a child born as a result of the abortion.  (b) During the performance of the abortion, the physician performing it and, subsequent to the abortion, the physician required by this section to be in attendance shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the viable fetus, provided that it does not pose an increased risk to the life or health of the woman.  
 This subchapter shall be known and may be cited as the Parental Involvement Enhancement Act. 
 (a) The General Assembly finds that:  (1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;  (2) The medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the minor is immature;  (3) The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related;  (4) Parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the minor daughter;  (5) Parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention after her abortion; and  (6) Parental consultation is usually desirable and in the best interests of the minor.    (b) Based on the findings in subsection (a) of this section, the General Assembly's purposes in enacting this enhancement to the State of Arkansas's parental notice law are to further the important and compelling state interests of:  (1) Protecting minors against their own immaturity;  (2) Fostering family unity and preserving the family as a viable social unit;  (3) Protecting the constitutional rights of parents to rear children who are members of their household;  (4) Reducing teenage pregnancy and abortion; and  (5) In light of the foregoing statements of purpose, allowing for judicial bypasses of the parental notice requirement to be made only in exceptional or rare circumstances.    
 As used in this subchapter:   (1)  (A) Abortion means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.  (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:  (i) Save the life or preserve the health of the unborn child;  (ii) Remove a dead unborn child caused by spontaneous abortion; or  (iii) Remove an ectopic pregnancy;      (2) Coercion means restraining or dominating the choice of a pregnant woman by force, threat of force, or deprivation of food and shelter;  (3) Consent means:  (A) In the case of a pregnant woman who is less than eighteen (18) years of age, a notarized written statement signed by the pregnant woman and her mother, father, or legal guardian declaring that the pregnant woman intends to seek an abortion and that her mother, father, or legal guardian consents to the abortion; or  (B) In the case of a pregnant woman who is an incompetent person, a notarized written statement signed by the pregnant woman's guardian declaring that the guardian consents to the performance of an abortion upon the pregnant woman;    (4) Emancipated minor means a person less than eighteen (18) years of age who is or has been married or who has been legally emancipated;  (5) Incompetent means a person who has been adjudged a disabled person and has had a guardian appointed for her;  (6) Medical emergency means a condition that, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman so as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;  (7) Minor means an individual under eighteen (18) years of age;  (8) Parent means:  (A) Either parent of the pregnant woman if both parents are living;  (B) One (1) parent of the pregnant woman if only one (1) is living or if the second parent cannot be located through reasonably diligent effort; or  (C) The court-appointed guardian or custodian if the pregnant woman has one;    (9) Physician means a person licensed to practice medicine in this state, including a medical doctor or a doctor of osteopathy; and  (10) Pregnant woman means a pregnant minor or pregnant incompetent woman.  
 Except as otherwise provided in  20-16-807 and 20-16-809, a physician shall not perform an abortion upon an unempancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency unless the physician first obtains the written consent of either parent or the legal guardian or custodian. 
 (a) A physician shall not perform an abortion upon a pregnant woman unless:  (1) In the case of a woman who is less than eighteen (18) years of age, he or she obtains the notarized written consent of both the pregnant woman and one (1) of her parents or her legal guardian; or  (2) In the case of woman who is an incompetent person, the physician first obtains the notarized written consent of her legal guardian.    (b) The notarized written consent shall include without limitation the following information:  (1) The name and birthdate of the minor or incompetent woman;  (2) The name of the parent or legal guardian;  (3) A statement from the parent or legal guardian that he or she is aware that the minor or incompetent woman desires an abortion and that he or she does consent to the abortion; and  (4) The date.    
 (a) The physician who performs the abortion shall obtain from the parent or legal guardian entitled to consent:  (1) Positive proof of identification in the form of a valid government-issued photo identification card; and  (2) Written documentation that establishes that the parent or legal guardian is the lawful parent or legal guardian of the pregnant woman.    (b) A photocopy of the proof of identification of the parent or legal guardian and the written documentation that establishes the relationship of the parent or legal guardian to the pregnant woman shall be kept in the medical file of the pregnant woman for five (5) years past the age of majority of the pregnant woman, but in no event less than seven (7) years.  (c) The physician who performs the abortion after receiving parental consent under this subchapter shall execute for inclusion in the medical record of the pregnant woman an affidavit stating the following: I, (Insert the name of physician who performed the abortion), certify that according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by both the pregnant woman and her parent or legal guardian as sufficient evidence of identity and relationship.  
 (a)  (1) Consent is not required under this subchapter if the attending physician certifies in the medical record of the pregnant woman that a medical emergency exists and there is insufficient time to obtain the required consent.  (2) However, within twenty-four (24) hours after the completion of the abortion, the physician shall notify one (1) of the parents or the legal guardian of the minor or incompetent woman in the manner provided in this subchapter that a medical emergency abortion was performed on the pregnant woman and of the circumstances that warranted invocation of this section.    (b)  (1) Unless the minor or incompetent woman gives notice of her intent to seek a judicial waiver under  20-16-809, the physician shall verbally inform the parent or legal guardian of the minor or incompetent woman within twenty-four (24) hours after the performance of a medical emergency abortion that an abortion was performed on the minor or incompetent woman.  (2) The physician shall:  (A) Inform the parent or legal guardian of the basis for the certification of the physician required under subsection (a) of this section and provide details regarding any additional risks to the pregnant woman; and  (B) Send a written notice of the performed abortion to the last known address of the parent or legal guardian by certified mail with restricted delivery and return receipt requested.      (c) If the minor or incompetent woman gives notice to the physician of her intent to seek a judicial waiver under this subchapter, the physician shall:  (1) File a notice with a judge of a court that the minor has given notice; and  (2) Provide the information to the court that the physician would have been required to provide to the parent or legal guardian under subsection (b) of this section if the minor or incompetent woman had not given her intent to seek a judicial waiver.    (d)  (1) The court shall expeditiously schedule a confidential conference with notice to the minor or incompetent woman and the physician.  (2) If the minor or incompetent woman is able to participate in the proceedings, the court shall advise the minor or incompetent woman that she has the right to a court-appointed counsel and, upon her request, shall provide the minor or incompetent with a court-appointed counsel.  (3) If the minor or incompetent woman is unable to participate in the proceedings, the court shall appoint counsel on behalf of the minor or incompetent woman.    (e)  (1) After an appropriate hearing, the court, taking into account the medical condition of the minor or incompetent woman, shall set a deadline by which the minor or incompetent woman may file a petition or motion under this subchapter.  (2) The court may subsequently extend the deadline in light of the medical condition of the minor or incompetent woman or other equitable considerations.  (3) If the minor or incompetent woman does not file a petition or motion by the deadline, either in the court or in another court with a copy filed in the original court, the court shall direct that the court clerk provide the notice to the parent or legal guardian.    
 The pregnant woman may petition a circuit court in the county in which she resides for a waiver of the consent requirement. 
 (a) The requirements and procedures of this subchapter are available to a pregnant woman regardless of whether the woman is a resident of the state.  (b) Notwithstanding the provisions of  20-16-803  20-16-806, if a pregnant minor or incompetent woman does not wish to obtain the consent of one (1) or both parents or the guardian or custodian, then:  (1)  (A) The pregnant woman may petition a circuit court for a waiver of the consent requirement and may participate in the proceedings on her own behalf.  (B) However, the court shall advise the pregnant woman that she has a right to a court-appointed counsel and, upon her request, shall provide her with such counsel.  (C) The court may appoint a guardian ad litem for the pregnant woman.  (D) A guardian ad litem appointed under this subchapter shall act to maintain the confidentiality of the proceedings;    (2)  (A) When the petitioner is a minor, the petition shall include a statement that the minor is pregnant and unempancipated.  (B) The petition shall include a statement that consent has not been waived and that the pregnant woman wishes to abort the fetus without obtaining consent under this subchapter;    (3) The pregnant woman shall have the right to file her petition in the circuit court using a pseudonym or using solely her initials;  (4)  (A) The court proceedings under this section shall be confidential and shall ensure the anonymity of the minor or incompetent woman.  (B) All court proceedings under this section shall be sealed and all documents related to the petition shall be confidential and shall not be available to the public;    (5) These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly and without delay as to serve the best interests of the pregnant minor or incompetent woman;  (6) The judge shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained, including the findings and conclusions of the judge;  (7)  (A) An expedited confidential appeal shall be available to any pregnant minor or incompetent woman for whom the court denies an order authorizing an abortion without consent.  (B) An order authorizing an abortion without consent shall not be subject to appeal; and    (8) A filing fee shall not be required of any pregnant minor or incompetent woman at either the trial or the appellate level.    (c)  (1)  (A) If the court finds by clear and convincing evidence that the pregnant woman is both sufficiently mature and well-informed to decide whether to have an abortion, the court shall:  (i) Issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or legal guardian; and  (ii) Execute the required forms.    (B) If the court does not make the findings specified in this subdivision (c)(1) or subdivision (c)(2) of this section, the court shall dismiss the petition.    (2)  (A) If the court finds by clear and convincing evidence that the pregnant woman is the victim of physical or sexual abuse by one (1) or both of her parents or her legal guardian or that obtaining the consent of a parent or legal guardian is not in the best interest of the pregnant woman, the court shall issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or guardian.  (B) If the court does not make the findings specified in subdivision (c)(1) of this section or this subdivision (c)(2), the court shall dismiss the petition.    (3) The attending physician shall report any abuse as provided in the Child Maltreatment Act,  12-18-101 et seq.    (d)  (1) If the pregnant woman claims to be mature and well-informed at a proceeding held under this subchapter, the pregnant woman shall prove by clear and convincing evidence that she is sufficiently mature and capable of giving informed consent without obtaining consent from or giving notice to her parent or legal guardian based on her experience level, perspective, and judgment.  (2) In assessing the pregnant woman's experience level, the court may consider the following relevant factors:  (A) The age of the pregnant woman;  (B) The pregnant woman's experiences working outside the home;  (C) The pregnant woman's experiences living away from home;  (D) The pregnant woman's experiences traveling on her own;  (E) The pregnant woman's experiences handling personal finances;  (F) The pregnant woman's experiences making other significant decisions; and  (G) Other relevant factors as appropriate.    (3) In assessing the pregnant woman's perspective, the court may consider the following relevant factors:  (A) The steps that the pregnant woman took to explore her options;  (B) To what extent she considered and weighed the potential consequences of each option; and  (C) Other relevant factors as appropriate.    (4) In assessing the pregnant woman's judgment, the court may consider among other relevant factors the pregnant woman's conduct since learning of her pregnancy and her intellectual ability to understand her options and to make an informed decision.    
 (a) Physicians shall use a form created by the Department of Health to obtain the consent required prior to performing an abortion on a pregnant woman.  (b) A form is not valid and consent is not sufficient unless:  (1) A parent or legal guardian initials each page of the form, indicating that he or she has read and understands the information included on that page;  (2) A parent or legal guardian signs the last page of the form in front of a person who is a notary public;  (3) The pregnant woman initials each list of risks and hazards detailed in subdivision (c)(4) of this section;  (4) The pregnant woman signs a consent statement described in subdivision (c)(6) of this section; and  (5) The physician signs a physician declaration described in subdivision (c)(7) of this section.    (c) The form shall include without limitation the following information:  (1) A description of the pregnant woman's rights, including the right to informed consent as granted by the Woman's Right to Know Act of 2001,  20-16-901 et seq. [repealed]; and the Woman's Right-to-Know Act of 2015,  20-16-1701 et seq.;  (2) A description of the parent or legal guardian's rights under state law;  (3) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman;  (4) A detailed list of the risks and hazards related to the surgical or medical procedures planned for the pregnant woman, including without limitation the following risks and hazards that may occur:  (A) Infection;  (B) Blood clots;  (C) Hemorrhage;  (D) Allergic reactions;  (E) A hole in the uterus or other damage to the uterus;  (F) Sterility;  (G) Injury to the bowel or bladder;  (H) Possible hysterectomy as a result of complication or injury during the procedure;  (I) Failure to remove all products of conception;  (J) Possible continuation of pregnancy;  (K) Cramping of the uterus or pelvic pain;  (L) Cervical laceration;  (M) Incompetent cervix;  (N) Emergency treatment for any complications; or  (O) Death;    (5) A description of additional information that shall be provided by the physician to the pregnant woman under state law;  (6) A consent statement signed by the pregnant woman that includes without limitation the following information individually initialed by the pregnant woman that the pregnant woman:  (A) Understands that the doctor is going to perform an abortion on her that will end her pregnancy and will result in the death of her unborn child;  (B) Is not being forced to have an abortion and that she has the choice not to have the abortion and may withdraw consent prior to the abortion;  (C) Gives permission for the procedure;  (D) Understands that there are risks and hazards that could affect her if she has the planned surgical or medical procedures;  (E) Has been given the opportunity to ask questions about her condition, alternative forms of treatment, risk of nontreatment, the procedures to be used, and the risks and hazards involved;  (F) Has been given information required by statute; and  (G) Has sufficient information to give informed consent;    (7) A physician declaration, signed by the physician, stating that:  (A) The physician or his or her assistant has, as required, explained the procedure and the contents of this form to the pregnant woman and her parent or legal guardian and has answered all questions; and  (B) To the best of the physician's knowledge, the patient and her parent or legal guardian have been adequately informed and have consented to the procedure;    (8) A parental consent statement that states that the signing parent or legal guardian:  (A) Understands that the doctor signing the physician declaration form is going to perform an abortion on the pregnant woman, which will end her pregnancy and result in the death of her unborn child;  (B) Has had the opportunity to read the physician declaration form or have it read to him or her and has initialed each page;  (C) Had the opportunity to ask questions of the physician or the physician's assistant about the information in the physician declaration form and the surgical and medical procedures to be performed on the pregnant woman;  (D) Believes that he or she has sufficient information to give informed consent; and  (E) Affirms by the parent's or legal guardian's signature that he or she is the pregnant woman's father, mother, or legal guardian;    (9) A page for the parent's or legal guardian's signature that shall be notarized by a notary public; and  (10) Any additional information that may be provided to a woman under the laws of this state in order for a physician to obtain her informed consent prior to performing an abortion.    
 (a) The performance of an abortion in violation of this subchapter or failure to report under  20-16-814 shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required.  (b) This subchapter does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.  (c) Failure to comply with this subchapter shall provide a basis for:  (1) A civil action for compensatory and punitive damages which may include a medical malpractice action under  16-114-201 et seq.;  (2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year;  (3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under  16-62-102; and  (4) Injunction from future acts prohibited by this section.    
 This subchapter is not intended to create and shall not be construed to create an affirmative right to legal abortion. 
 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. 
 (a) In addition to other information reported by an abortion provider to the Department of Health, the following information shall be reported for each induced termination of pregnancy:  (1) Whether parental consent was required;  (2) Whether parental consent was obtained; and  (3) Whether a judicial waiver was obtained.    (b) The department shall revise its forms utilized by abortion providers to report an induced termination of pregnancy by including the reporting of information required by this section.  
 (a) This subchapter does not create or recognize a right to abortion.  (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.  
 The General Assembly, by joint resolution, may appoint one (1) or more of its members who sponsored or cosponsored this subchapter, as a matter of right and in his or her official capacity, to intervene to defend this law in any case in which its constitutionality is challenged. 
 This subchapter takes effect on January 1, 2016. 
 (a) An individual is dead who has sustained either:  (1) Irreversible cessation of circulatory and respiratory functions; or  (2) Irreversible cessation of all functions of the entire brain, including the brain stem.    (b) A determination of death shall be made in accordance with accepted medical standards.  
 (a)  (1) This section may be cited as the Arkansas Final Disposition Rights Act of 2009.  (2) As used in this section:  (A) DD Form 93 means a United States Department of Defense Record of Emergency Data or its successor form;  (B) Died while serving means the death of a person in a capacity when the secretary of the military service has the authority to provide for the recovery, care, and disposition of the remains of the person as provided under 10 U.S.C.  1481(a)(1)-(8) as in effect on January 1, 2011; and  (C) Final disposition means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus.      (b)  (1)  (A) Except as provided under subdivision (b)(2) of this section, an individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration specifying the final disposition of his or her bodily remains at his or her death, provided the disposition is in accordance with existing laws, rules, and practices for disposing of human remains.  (B) The declaration of final disposition executed under this section shall be signed by the declarant or another at the declarant's direction and shall be witnessed by two (2) individuals.  (C) Additional consent of any other person is not required if the declaration of final disposition contains a disposition authorized under this section and is otherwise valid under this section.    (2) Notwithstanding any other declaration made under this section or any other law, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the decedent shall be made by the person authorized to direct disposition on the DD Form 93 completed by the decedent prior to death.    (c) Except as provided under subdivision (b)(2) of this section, a person having possession, charge, or control of the declarant's human remains following the death of a person who has executed a declaration of final disposition shall not knowingly dispose of the body in a manner inconsistent with the declaration.  (d)  (1) The right to control the disposition of the remains of a deceased person, the location, manner, and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following in the order named if the person is eighteen (18) years of age or older and is of sound mind:  (A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the decedent shall be made by the person authorized to direct disposition on the DD Form 93 completed by the decedent prior to death;  (B) Second, a person appointed by the decedent in the decedent's declaration of final disposition executed before his or her death, in accordance with this section;  (C) Third, the surviving spouse;  (D) Fourth, the sole surviving child of the decedent or if there is more than one (1) child of the decedent, the majority of the surviving children;  (E)  (i) Fifth, the surviving parent or parents of the decedent.  (ii) If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent;    (F) Sixth, the surviving brother or sister of the decedent or if there is more than one (1) sibling of the decedent, the majority of the surviving siblings;  (G) Seventh, the surviving grandparent of the decedent or if there is more than one (1) surviving grandparent, the majority of the grandparents;  (H) Eighth, the surviving grandchild of the decedent or if there is more than one (1) surviving grandchild, the majority of the grandchildren;  (I) Ninth, the guardian of the person of the decedent at the time of the decedent's death, if one had been appointed;  (J)  (i) Tenth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent.  (ii) If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition;    (K) Eleventh, any representative of state government or a political subdivision of state government that has the statutory obligation to provide for the disposition of the remains of the decedent, including, but not limited to, any entity authorized to take possession of the remains under  20-17-701 et seq.; and  (L) Twelfth, if the decedent is a veteran of any branch of the United States Armed Forces, the National Guard or a reserve component of the armed forces, a representative of the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a veterans service organization as defined in the Missing in America Project Act,  20-17-1401 et seq., that has statutory authority to direct or provide for the disposition of the remains of the decedent or to take possession of the remains under the Missing in America Project Act,  20-17-1401 et seq.    (2) In the absence of any person under this subsection, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including without limitation the personal representative of the decedent's estate or the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under this subsection.  (3)  (A) Within each class, less than the majority of the class shall be vested with the rights of this section if they have used reasonable efforts to notify all other members of the class of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (12) of all surviving children.  (B) In this subdivision (d)(3), class means surviving children, siblings, grandparents, or grandchildren, where applicable.      (e)  (1) A person entitled under this section to the right of disposition shall forfeit that right, with the right passing to the next qualifying person as listed in this section, in the following circumstances:  (A)  (i) Any person charged with murder under  5-10-101,  5-10-102, or  5-10-103, or manslaughter under  5-10-104, in connection with the decedent's death, and whose charges are known to the funeral director.  (ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right of disposition is returned to the person;    (B) Any person who does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier;  (C) Any person who possesses the right of disposition, but who is unwilling to assume the liability for the costs of such arrangements and disposition if sufficient resources are not available in the decedent's estate to pay such costs at the time the costs become due and payable;  (D)  (i) When the person entitled to the right of disposition and the decedent were estranged at the time of death.  (ii)  (a) As used in this section, estranged means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent.  (b) This shall also include the filing of a complaint for divorce by either party that remains pending at the time of the decedent's death or the separation by living apart of the decedent and spouse for a period of more than ninety (90) days preceding the decedent's death; and      (E) Where the Department of Human Services has custody of the decedent and a person authorized under subdivision (d)(1) of this section has not claimed the right to possession of the decedent's remains within forty-eight (48) hours following the decedent's death.    (2) If there is a dispute between those sharing the right of disposition as to the decisions regarding the decedent's remains, the circuit court for the county where the decedent resided may award the right of disposition to the person it determines to be the most fit and appropriate to carry out the right of disposition. The following provisions shall apply to the court's determination under this section:  (A) If the persons holding the right of disposition are two (2) or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of the persons or a funeral director with custody of the remains may file a petition asking the circuit court to make a determination in the matter;  (B) In making a determination under this subdivision (e)(2), the circuit court shall consider the following:  (i) The reasonableness and practicality of the proposed funeral arrangements and disposition;  (ii) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;  (iii) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition;  (iv) The convenience and needs of other families and friends wishing to pay respects;  (v) The desires of the decedent; and  (vi) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect;    (C)  (i) In the event of a dispute regarding the right of disposition, a funeral director is not liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral director receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains.  (ii) If the funeral director retains the remains for final disposition while the parties are in disagreement, the funeral director may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the circuit court and may add the cost of embalming and refrigeration and sheltering to the final disposition costs.  (iii) If a funeral director brings an action under this section or is made a party to an action concerning the right of disposition of the decedent's remains, either individually or as an agent of any entity, the funeral director may add the legal fees and court costs associated with a petition under this section to the cost of final disposition.  (iv) This section may not be construed to require or to impose a duty upon a funeral director or bring an action under this section.  (v) A funeral director may not be held criminally or civilly liable for choosing not to bring an action under this section; and    (D)  (i) Except to the degree it may be considered by the circuit court under this subdivision (e)(2), the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have.  (ii) The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.        (f)  (1) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition.  (2) A funeral establishment, cemetery, or crematory shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral home, cemetery, or crematory reasonably believes holds the right of disposition.  (3) Employees of funeral homes, cemeteries, or crematories shall have no responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent.  (4) If there is more than one (1) person in a class who are equal in priority and the funeral home, cemetery, or crematory employee has no knowledge of any objection by other members of such class, that employee shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements, provided that no other person in such class provides written notice of his or her objections to that employee.    (g) A funeral director shall have complete authority to control the final disposition and to proceed under this section to recover reasonable charges for the final disposition when the following applies:  (1) If after a good faith effort has been made with no success to contact the individuals listed under subdivision (d)(1) of this section, the funeral director has no knowledge that any of the persons described in subdivision (d)(1) of this section exist or if none of the persons so described can be found after reasonable inquiry or contacted by reasonable means; and  (2)  (A) No person or entity has assumed responsibility for disposition of the remains within five (5) days of the decedent's death or within twenty-four (24) hours after receiving written notice of the facts, whichever is longer, but in no event longer than seven (7) days after the date of the decedent's death.  (B) Written notice may be delivered by hand, United States Postal Service, facsimile transmission, or other reliable means of electronic transmission.      (h)  (1) Crematory operators shall not be liable for civil damages for cremating human remains if a declaration of final disposition indicating that the declarant wished to be cremated has been executed under this section.  (2) Crematory operators shall not be liable for civil damages for failing to cremate human remains if:  (A) The declarant executed a declaration of final disposition indicating that he or she did not wish to be cremated; or  (B) The crematory operator knows that there is a dispute as to the validity of the declaration of final disposition.      (i) If a decedent did not execute a declaration of final disposition, the person having lawful possession, charge, or control of the decedent's human remains has the right to dispose of the remains in any manner that is consistent with existing laws, rules, and practices for disposing of human remains, including the right to have the remains cremated.  (j) A funeral home shall not be liable for any damages for carrying out the disposition of a decedent's human remains in any lawful manner that is consistent with a decedent's declaration of final disposition.  (k)  (1) In the event that a person claiming the right of disposition directs the cremation of the remains of a decedent or in the event that a funeral director assumes responsibility for the disposition of the remains of a decedent under this section and proceeds to cremate the remains of the decedent, and thereafter a person or entity identified in subdivision (d)(1) of this section does not claim custody of the cremated remains for a period of ninety (90) days following the cremation, the funeral director may dispose of the cremated remains of the decedent.  (2) A funeral home, cemetery, crematory, or an employee who disposes of the remains of a decedent under the terms of this section shall not be subject to criminal or civil liability or subject to disciplinary action for such actions.    (l) A funeral home, cemetery, crematory, or an employee who relies in good faith upon the instruction of an individual claiming the right of disposition shall not be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instruction.  (m) Nothing in this section shall be construed to affect, repeal, or replace the provisions and procedures set forth in the Revised Arkansas Anatomical Gift Act,  20-17-1201 et seq.  
 Within thirty (30) calendar days after a death certificate is filed pursuant to  20-18-601, the Division of Vital Records of the Department of Health shall provide notification of the death to the county and circuit court clerks in the county where the deceased was a resident. 
 (a) As used in this section:  (1) Dependent lividity means clear demarcation of pooled blood within the body;  (2) Nursing facility means the same as long-term care facility as defined in  20-10-101; and  (3) Rigor means that major joints such as the jaw, shoulders, elbows, hips, or knees are immovable.    (b) Licensed nurses employed by nursing facilities may withhold cardiopulmonary resuscitation from residents of the facility, regardless of the presence or absence of a Do Not Resuscitate Order when:  (1) The death of the resident was unwitnessed; and  (2) The body evidences clear and unmistakable:  (A) Dependent lividity; or  (B) Rigor.      (c) In cases of unwitnessed deaths under subsection (b) of this section, the following conditions also must be present:  (1) Respirations are absent for at least thirty (30) seconds;  (2) Carotid pulse is absent for at least thirty (30) seconds;  (3) Lung sounds auscultated by stethoscope bilaterally are absent for at least thirty (30) seconds; and  (4) Both pupils, if accessible, are nonreactive to light.    (d) The nursing facility shall document the presence of the above-listed conditions in the resident's records.  (e)  (1) Nursing facilities and licensed nurses of nursing facilities who withhold cardiopulmonary resuscitation under this section are not liable for administrative sanctions, civil damages, or subject to criminal prosecution for their actions or the actions of others based on the withholding of cardiopulmonary resuscitation.  (2) A person who acts in good faith reliance of a nursing facility's or nursing facility employee's withholding cardiopulmonary resuscitation under this section is not liable for administrative sanctions, civil damages, or subject to criminal prosecution for the person's actions.    
 (a) Information regarding the identity of an organ donor is confidential.  (b)  (1) Confidentiality under this section may be waived by an individual who made the anatomical gift before a donor's death under  20-17-1204 or by an individual who made the anatomical gift of a decedent's body or part under  20-17-1209.  (2)  (A) If the individual who made the anatomical gift under  20-17-1204 or  20-17-1209 is a parent of a minor child who is the organ donor, confidentiality under this section shall not be waived unless both parents agree to waive confidentiality under this section.  (B) If only one (1) parent is living at the time a waiver request is made under this section, the surviving parent may waive confidentiality under this section.      
 Upon the death of a fetus diagnosed with a fatal fetal condition which will result in death within three (3) months of birth or upon the death of a child previously diagnosed with a fatal fetal condition, a physician may distribute information regarding organ and tissue donation to the parent or parents of the fetus or child or to the legal guardian of the fetus or child. 
 This subchapter may be cited as the Cemetery Act for Perpetually Maintained Cemeteries. 
 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) Cemetery means any land or structure in this state dedicated to and used or intended to be used for interment of human remains. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, or a combination of one (1) or more thereof;  (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; and  (13) Perpetual care cemetery means a cemetery for the benefit of which a permanent maintenance fund has been established in accordance with this subchapter.  
 (a) This subchapter applies to all cemeteries and burial grounds located in the State of Arkansas unless the cemetery is owned and operated by:  (1) A church or similar religious organization;  (2) A municipality or county government;  (3) A family, exclusively for its own family use; or  (4) A community nonprofit association in which no person is entitled to receive pecuniary profit other than the bookkeeper and maintenance crew.    (b) Persons who do not and have never received more than two thousand dollars ($2,000) gross proceeds in any one (1) year from the sale of parcels of realty to be used as human burial sites are exempt from this subchapter.  (c) All cemeteries that advertise or operate all or a part thereof as perpetual care or permanent maintenance cemeteries shall be subject to this subchapter regardless of the organization of the person or group owning and operating the cemetery or burial grounds.  
 (a)  (1) An examined cemetery company shall pay the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the examination:  (A) One hundred dollars ($100) per day for each examiner who conducts the examination; and  (B) The amount necessary to reimburse the travel, meal, and lodging expenses of each examiner.    (2) An examination shall be conducted by an employee of the State Insurance Department or board member.    (b) In lieu of any financial examination that the board shall be authorized to make, the board may accept the audit of an independent certified public accountant, provided that the Insurance Commissioner has notified the cemetery company that the audit would be accepted and that the cemetery company has notified the commissioner in writing that an audit would be prepared.  
 (a)  (1) Before making application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a permit to establish and operate a new cemetery or for the extension of the boundaries of an existing cemetery, the person proposing to make application shall publish weekly for three (3) weeks in a newspaper of general circulation in the county in which the proposed cemetery is located a notice that an application will be filed with the board to establish or extend the boundaries of a cemetery in the county.  (2) The publication shall contain a legal description of the land to be used as a cemetery and a statement that any individual or group of individuals desiring to protest the establishment or extension of the cemetery may do so by filing a statement in writing with the board.    (b)  (1) Whenever it is proposed to locate a new cemetery or extend the boundaries of an existing cemetery under this subchapter, then the cemetery company so proposing shall file an application for the issuance of a permit with the board.  (2) The application shall describe accurately the location and boundaries of the proposed cemetery or addition.  (3) The application shall be accompanied by:  (A) The recommendation of the mayor or governing official of the municipality if the cemetery is to be located within the corporate limits of a municipality or the recommendation of the county judge of the county within which the cemetery is to be located if outside the corporate limits of a municipality. The recommendation shall state the need and desirability of the proposed cemetery or extension. This recommendation shall be in lieu of the application and permit required in  20-17-903;  (B) A fee of:  (i) One thousand five hundred dollars ($1,500) for filing an application for a new cemetery; or  (ii) Four hundred dollars ($400) for filing an application to extend the boundaries of an existing cemetery;    (C) A survey and map of the cemetery or extension;  (D) A set of rules and regulations for the use, care, management, and protection of the cemetery;  (E) The proposed method of establishing a permanent maintenance fund;  (F) Proof of publication as set forth in subsection (a) of this section of the required notice of intention to apply with the board;  (G) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy which reflects that the applicant has or will have good and merchantable title to the land covered by the permit or extension;  (H) A notarized statement disclosing any current or future lien or mortgage on the land covered by the permit;  (I) A notarized statement from any current or future lienholder or mortgage holder on the land covered by the permit or extension that all paid-in-full burial spaces will be released from the lien or mortgage at least semi-annually;  (J) A copy of the perpetual care trust agreement if the application is for a new cemetery permit;  (K) A current balance sheet of the applicant prepared by an independent certified public accountant in accordance with generally accepted accounting principles which reflects that the applicant has a minimum of twenty thousand dollars ($20,000) net worth; and  (L) Any other evidence which would tend to show a public need for the proposed cemetery or extension may be included, such as a petition from landowners in the county who believe that a need exists for any additional cemetery or extension.    (4) The burden of establishing public need shall be upon the applicant.    (c) All applications shall be made under oath and filed with the Insurance Commissioner not less than twenty (20) days before the board meeting at which the application is to be considered.  (d) The board shall have authority to require any cemetery company to submit additional information as it may by rule or order prescribe.  (e) The board may for good cause waive all or part of an application requirement of this section if an applicant is a state, city, or municipal government, or nonprofit organization as defined by the Internal Revenue Code, 26 U.S.C.  501(c)(3).  
 (a) Upon submission of an application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the issuance of a permit for a new cemetery or for an extension of the boundaries of an existing cemetery, the applicant shall request that the Department of Health investigate the proposed cemetery location or extension to determine if the proposed new or expanded location will be sanitary.  (b) In making the investigation, the department shall take into consideration the proximity of the proposed cemetery or extension to human habitation, the nature of the soil, the drainage of the ground, the danger of pollution of springs or streams of water, and any other conditions concerning whether the proposed new or expanded location will be sanitary.  (c)  (1) After completing the investigation, the department shall promptly submit in writing its approval or disapproval of the proposed new or expanded location from a sanitary standpoint to the board.  (2) If the department disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the department or until other action, as necessary, is taken.    (d) The cemetery shall pay the department any fee required by law.  
 (a) If the cemetery company has fully complied with this subchapter and if the Department of Health approves the location of the new cemetery or the extension of the boundaries of an existing cemetery, then the application shall be submitted to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for investigation and for approval or disapproval.  (b) Immediately upon the submission of each application, the board shall investigate to determine the fitness of the cemetery company, the need for the cemetery, and all other questions bearing directly or indirectly upon the need or desirability from the public standpoint of the proposed cemetery or extension.  (c)  (1)  (A) If the application for a new cemetery is approved, the board shall issue a permit to the applicant only after the applicant has filed proof with the board that an initial principal deposit of at least five thousand dollars ($5,000) has been made to the permanent maintenance fund.  (B) The initial five thousand dollars ($5,000) under subdivision (c)(1)(A) of this section can be used to meet the liability due the permanent maintenance fund for the first paid-in-full burial space sales sold by the permit holder.    (2) The permit shall be filed in the court of the county in which the cemetery is located and with the department.    
 (a) Whenever it is proposed that any cemetery subject to this subchapter amend its present permit, whether for construction of a mausoleum, reduction of boundaries, reduction or increase in percentage of gross sales proceeds to be placed in the permanent maintenance fund, or other amendment, then the cemetery company shall file an application for amendment of the permit.  (b) The application shall be accompanied by:  (1) A fee of four hundred dollars ($400);  (2) A statement of each proposed amendment;  (3) Statements, documents, and other information necessary to provide justification for the amendment;  (4) If the amendment is for construction of a mausoleum or similar structure, the application shall also include:  (A) Plans and specifications of the structure;  (B) A report of the inspection of the plans by the Department of Health;  (C) A copy of the sales contracts and conveyance documents proposed to be used;  (D) A proposed contribution to the permanent maintenance fund;  (E) A statement of whether the amount of the sales force will be utilized and of how preconstruction sales and interments will be handled;  (F) The location of the proposed structure;  (G) The estimated completion date;  (H) Either of the following, when sales proceeds may be received by the cemetery company before completion of construction and payment in full of the structure:  (i) An executed escrow agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services with a federally insured financial institution or other financial institution approved by the board which provides among other things that one hundred percent (100%) of the sales proceeds collected before the completion and payment in full of the structure will be placed into escrow; or  (ii)  (a) An executed copy of the construction agreement for the structure which sets forth the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as set forth in the construction agreement.  (b) All letters of credit and bonds, and their issuers, shall be approved by the board. The letter of credit shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done before the completion date set forth in the construction agreement. The construction performance bond shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done before the date set forth in the construction agreement. The cash bond shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. The letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, such letters of credit and bonds shall be used to complete and pay for the structure;      (I) Certification of an estimated start date for construction to take place no later than thirty-six (36) months after the date of the permit and further certifying completion within five (5) years after the date of the permit unless extended for good cause by the board; and  (J) Other information necessary to show that construction will be done in a good and workmanlike manner and be fireproof; and    (5) Other information as the board may by rule or order require.    (c) Nine (9) complete copies of the application for the amendment of the permit shall be filed with the Insurance Commissioner at least twenty (20) calendar days before the meeting at which the board will consider the application.  
 (a) As used in this section, controlling interest means the direct or indirect power to direct the management and policies of a perpetual care cemetery or cemetery company by contract or otherwise, other than as an officer or employee of the perpetual care cemetery or cemetery company.  (b)  (1)  (A) If a change is proposed in the controlling interest of a perpetual care cemetery or a cemetery company or an organization that, directly or indirectly owns a controlling interest in the perpetual care cemetery or cemetery company, the cemetery company that holds the current permit and the individual or organization proposing to gain the controlling interest shall file an application for the issuance of a new permit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.  (B) A controlling interest is presumed to exist if an individual or entity directly or indirectly:  (i) Owns or controls fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company; or  (ii) Holds proxies with the power to vote or voting rights to proxies representing fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company.      (2) The application shall be accompanied by:  (A) A fee of one thousand five hundred dollars ($1,500);  (B) A statement of changes, if any, in the survey and map of the cemetery;  (C) A set of rules and regulations for the use, care, management, and protection of the cemetery;  (D) The proposed method of continuing the permanent maintenance fund for the cemetery;  (E) A statement of the proposed transfer;  (F) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the current permit holder has good and merchantable title to the land covered by the permit;  (G) A notarized statement from the seller and purchaser disclosing any current or future lien or mortgage on the land covered by the permit;  (H) A notarized statement from each current or future lienholder or mortgage holder on the land covered by the permit that all paid-in-full burial spaces will be released from the lien or mortgage at least semiannually;  (I)  (i) A current detailed accounting of all paid-in-full merchandise contracts or accounts of the permit holder for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser.  (ii) The accounting shall be on an individual contract or account basis and contain the name of the purchaser, the contract or account number, the date of the contract, the gross amount of the contract, a description of the merchandise purchased, the date the contract or account was paid in full, and the specific location where the merchandise is stored;    (J) A current notarized statement from the permit holder that the application contains a complete and accurate accounting of all of his or her outstanding accounts receivable, discounted notes, and paid-in-full merchandise accounts or contracts for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser;  (K) A current notarized statement from the purchaser or organization gaining a controlling interest that it will assume the responsibility and liability for the accounts, notes, and contracts of the permit holder contained in the accountings and schedules filed with the application;  (L) The financial statement of the purchaser required by rule of the board showing that the purchaser has a minimum net worth of twenty thousand dollars ($20,000);  (M) A copy of the sales contract, transaction documents, or conveyance documents; and  (N) Any additional information required by the board or the Insurance Commissioner.    (3) The board may for good cause waive all or part of an application requirement if the purchaser of a perpetual care cemetery is a state, city, or municipal government or a nonprofit organization as defined by  501(c)(3) of the Internal Revenue Code, 26 U.S.C.  501(c)(3).  (4) Each permit holder of an interest in the cemetery company is liable for any funds and transactions up to the date of the sale or transfer.    (c)  (1) Before the sale or transfer, the permit holder shall notify the board of the proposed sale or transfer and shall submit to the board, under oath, any document or record the board may require in order to demonstrate that the permit holder is not indebted to the permanent maintenance fund.  (2) After the transfer of ownership or a controlling interest, the permit holder shall present to the board proof that payments into the permanent maintenance fund are current.  (3) The board may require proof of the status of the permanent maintenance fund by the purchaser for a reasonable period of time as necessary in the public interest.  (4) The board may recover from the permit holder or purchaser for the benefit of the permanent maintenance fund:  (A) All sums that the permit holder or purchaser has not properly accounted for and paid into the trust fund; and  (B) Reasonable expenses incurred by the board if suit is filed or other collection action is taken.      (d) A cemetery company that has been issued a permit to operate a cemetery under this subchapter remains liable for the care and maintenance of the cemetery and all amounts owed to the permanent maintenance fund until a new permit is issued to the purchaser.  (e) A new permit shall not be issued to the purchaser of any cemetery until the purchaser complies with this subchapter and the board orders a new permit to be issued to the purchaser.  (f) A permit holder or purchaser that violates this section is guilty of a violation and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the violation.  
 (a)  (1)  (A) The permanent maintenance fund is a trust fund for the purpose of administration, care, and maintenance of the cemetery, including lots, graves, spaces, crypts, niches, and burial rights.  (B) The principal of the permanent maintenance fund shall be preserved.    (2)  (A) The net income generated from the investment of the principal of the permanent maintenance fund shall be paid to and expended by the owners, managers, officers, or directors of the cemetery company exclusively for the care and maintenance of the cemetery, including the payment of taxes and administrative expenses of maintaining the fund.  (B) A cemetery company may add unused net income to the principal of the permanent maintenance fund.    (3) Except as provided in subdivision (a)(4) of this section, the principal of the permanent maintenance fund shall be invested and remain invested in securities and funds permitted by the laws of Arkansas for the investment of policy reserves of life insurance companies under the Arkansas Insurance Code,  23-60-101 et seq., and in the common trust funds of state or national banks.  (4)  (A) A permanent maintenance fund having assets of more than two hundred fifty thousand dollars ($250,000) may invest not more than fifty percent (50%) of its assets in nonassessable common stocks listed on a national securities exchange, preferred stocks meeting the requirements of  23-63-815, and investment trust securities meeting the requirements of  23-63-820.  (B) The diversification restrictions of  23-63-805 do not apply to investments in investment trust securities.    (5) In investing these funds, the trustee shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income and capital appreciation as well as the probable safety of the capital.  (6)  (A) For purposes of this section, no more than fifty percent (50%) of annual realized net capital gains on investments bought or acquired after January 1, 2013, may be considered income and used according to subdivision (a)(2) of this section.  (B) All other net capital gains on investments shall be added to the principal.      (b) The permanent maintenance fund is authorized by this subchapter, and all sums paid into it or contributed to it shall be deemed to be for charitable and eleemosynary purposes.  (c) No rule against perpetuities shall be applicable to funds as mentioned in this section.  (d)  (1) The trust fund shall be established by executing a written trust agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.  (2)  (A) The agreement may provide that the cemetery company may change the trustee of its trust fund by amending the agreement if:  (i) The successor trustee meets the requirements of  20-17-1014; and  (ii) The trustee and successor trustee are parties to the amendment of the agreement.    (B) The trustee and successor trustee shall send the board notification of a change in trustee under subdivision (d)(2)(A) of this section within ten (10) calendar days after the change.      (e) At a minimum, the trustee shall maintain the following:  (1) A general ledger and general journal or comparable books of entry showing all receipts, disbursements, assets, liabilities, and income of the trust fund;  (2) Documents supporting and verifying each asset of the trust fund; and  (3) A trust agreement.    (f) In establishing a permanent maintenance fund, the cemetery company may from time to time adopt plans for the general care and maintenance of its cemetery.  
 (a) The net income from the permanent maintenance fund shall only be used for general maintenance, administration, and preservation of the perpetual care cemetery.  (b) A cemetery company shall establish a permanent maintenance fund with or transfer the permanent maintenance fund to:  (1) A state or national bank or federal savings bank with trust powers;  (2) Three (3) trustees, if:  (A) All trustees that make disbursements from the trust fund deposit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than one hundred percent (100%) of the value of the trust fund principal at the beginning of each calendar year; and  (B) No more than one (1) of the trustees has a direct or indirect financial interest in the perpetual care cemetery; or    (3) An individual trustee that on behalf of the cemetery company deposits all permanent maintenance funds directly into a savings account or certificate of deposit in a state or national bank or savings and loan association in this state not less than forty-five (45) days after collection if:  (A) The funds deposited are federally insured;  (B) The funds are restricted to prevent the principal amount of the funds from being withdrawn without the written approval of and on a form approved by the Insurance Commissioner; and  (C) Not less than one (1) time per year the net income from the funds may be withdrawn by the individual trustee on behalf of the cemetery company for purposes permitted by this subchapter.      (c)  (1) The board may require a trustee who fails to protect the principal of the permanent maintenance fund under  20-17-1013 to pay an additional contribution to the permanent maintenance fund of twenty-five dollars ($25.00) per day for each day that the principal is deficient.  (2) The additional contribution made under subdivision (c)(1) of this section shall not exceed a total of one thousand dollars ($1,000) for a continuous violation.    
 (a)  (1) Within seventy-five (75) days after the end of each calendar year, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall require the trustee of the permanent maintenance fund to file under oath a detailed annual report of the condition of the fund.  (2) The annual report shall include:  (A) A description of the assets of the fund;  (B) A description of cemetery property encumbered by a lien and the amount of the lien;  (C) The cost of acquiring each asset;  (D) The market value of the asset at the time of its acquisition, its current market value, and the status of any default;  (E) A statement that:  (i) The fund is not encumbered by debt; and  (ii) None of the assets of the fund constitute loans to:  (a) The cemetery company for which the trust fund is established; or  (b) An officer or director of the cemetery company; and      (F) Any other information the trustee or the board deems pertinent.      (b) The report shall show the amounts of principal and undistributed income of the fund at the beginning of the period, the amounts deposited by the cemetery company into the fund during the period, the income earned and disbursements made during the period, the details of any investment or reinvestment during the period, and the balances of principal and income at the end of the period being reported on.  (c)  (1) If the trustee of the fund fails to meet the requirements of this section, then it shall be the duty of the board to apply to the Pulaski County Circuit Court for an order to require the trustee of the fund to file a proper report and to make any additional contributions due to the failure to timely file the annual report.  (2) If funds have been misappropriated by the trustee or are not being handled as required by law, then the board shall apply to the circuit court in the county in which the cemetery is located to have a receiver or conservator appointed by the court to take custody of the trust funds for the benefit of the cestui que trust. The receiver or conservator is vested with full power to file such suits against the defaulting trustee as may be necessary to require a full accounting and restoration of the trust funds and to turn the residue over to another trustee as the cemetery shall select, in conformity with this subchapter, as the new trustee of the permanent maintenance fund.  (3) If the trustee does not timely file the annual report required by subsection (a) of this section, the board may require the trustee to pay an additional contribution to the permanent maintenance fund of no more than fifty dollars ($50.00) per day until the report is filed with the board.    
 (a) Unless a greater amount is established by rule of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, a cemetery company shall deposit into its permanent maintenance fund a sum not less than:  (1) Twenty percent (20%) of the gross proceeds from the sale of a lot or grave space in its cemetery; and  (2) Five percent (5%) of the gross proceeds from the sale of a mausoleum crypt, lawn crypt, niche, or other similar entombment in its cemetery.    (b)  (1) The deposit shall be made by the cemetery company not later than forty-five (45) days after the final payment has been made.  (2) However, any cemetery company making sales on installment sales contracts shall deposit the required percentage in accordance with the following:  (A) If the cemetery company receives installment payments directly and if adequate records are maintained as to the full amount of sale, the receipts received, and the balance due, then the cemetery company shall deposit the required percentage of gross proceeds of sale into the permanent maintenance fund not later than the forty-fifth day after the final payment is made, or the cemetery company may deposit the required percentage of each amount received not later than the forty-fifth day after each installment payment by the purchaser; and  (B)  (i) If the cemetery company elects to discount the installment sales contracts at a bank or other financial institution and receive a discounted value immediately in cash, the required percentage of the gross sales price shall be placed in a separate restricted escrow account at the time that the contract is discounted.  (ii) The amount so placed in escrow shall not be withdrawn until the lot purchaser defaults on or fully satisfies his or her contract obligations.  (iii) This restricted escrow account may be used by the bank or other financial institution as a part of its required reserve and may be used as recourse if the lot purchaser defaults on the contract.  (iv) Upon default, the required percentage of the gross sales price which was placed in this escrow account may be withdrawn and used by the cemetery company.  (v) Once final payment has been made, the required percentage of the gross sales price that was placed in an escrow account shall be withdrawn and placed into the permanent maintenance fund within five (5) business days.  (vi) If the cemetery corporation enters into an agreement with the bank or other financial institution, which in the Insurance Commissioner's determination adequately provides for the safeguards set forth in subdivision (b)(2)(A) of this section, then subdivision (b)(2)(A) of this section is not applicable to the cemetery corporation.      (3) If a cemetery company gives away a grave space or sells a grave space for a price less than the current market price, the gross sales proceeds received for a similar grave space in the immediately adjacent or similar location in the cemetery in a recent arms-length transaction shall be used as the basis to make the required permanent maintenance fund contribution for the gift or reduced price sale.    (c)  (1) If the cemetery company fails to make the required deposits in accordance with this section or if the moneys placed in escrow are not deposited as required by this subchapter, then the cemetery company shall be liable for and the board may collect as an additional contribution to the permanent maintenance fund ten dollars ($10.00) per day but in no instance in amounts to exceed five thousand dollars ($5,000) or the actual cost of the contract property or cemetery lots, whichever is greater, for the period of the failure.  (2) Upon the refusal of the cemetery company to pay the board the penalty, the board may institute suit to recover the contribution and costs and such other relief as the state in its judgment deems proper and necessary.    
 The permanent maintenance fund may also receive, take, and hold therefor and as part thereof or as incident thereto any real, personal, or mixed property bequeathed, devised, granted, given, or otherwise contributed to it. 
 (a) In addition to the civil provisions of this subchapter, it shall be unlawful for any person to:  (1) Advertise or operate all or part of a cemetery as a perpetual care cemetery or permanent maintenance cemetery without holding a valid permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; or  (2) Fail to place the required contributions into the permanent maintenance fund or to remove any principal of the permanent maintenance fund from trust.    (b) Any person who knowingly violates subsection (a) of this section shall be guilty of a felony and upon pleading guilty or nolo contendere to or being found guilty of a violation of subsection (a) of this section shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment in the state penitentiary for not more than six (6) years, or by both fine and imprisonment.  (c)  (1)  (A) If it appears to the board that a person has engaged in or is about to engage in a violation of subdivision (a)(1) of this section, the board may summarily order the person to cease and desist from the act or practice.  (B) Upon the entry of the order under subdivision (c)(1)(A) of this section, the board shall promptly notify the person that the order has been entered and state the reasons for the order.    (2)  (A) The person ordered to cease and desist may contest the cease and desist order by delivering a written request for a hearing to the board within thirty (30) days from the date that notice of the order is sent by the board to the last known address of the person by first class mail, postage prepaid.  (B) The board shall schedule a hearing to be held within a reasonable amount of time after the Insurance Commissioner receives a timely written request for hearing.  (C) If no hearing is requested and none is ordered by the board, the order will remain in effect until it is modified or vacated by the board.  (D) After notice and an opportunity for a hearing, the board may:  (i) Affirm, modify, or vacate the cease and desist order under subdivision (c)(1)(A) of this section; and  (ii) For a violation of this subchapter, by order levy a fine not to exceed:  (a) Ten thousand dollars ($10,000) for each violation; or  (b) An amount equal to the total amount of money received in connection with each violation.        (3) The board may apply to the Pulaski County Circuit Court to temporarily or permanently enjoin an act or practice that violates subdivision (a)(1) of this section and to enforce compliance with this subchapter:  (A) After an order is issued under subdivision (c)(1) or subdivision (c)(2) of this section; or  (B) Without issuing an order under subdivision (c)(1) or subdivision (c)(2) of this section.    (4) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted.  (5) The board is not required to post a bond to obtain the relief provided by this section.    
 (a)  (1) An instrument conveying all or part of a burial lot or burial plot shall be issued to the purchaser upon full payment of the purchase price of the burial lot or burial plot.  (2) The cemetery company shall not use an instrument to convey a burial lot or burial plot unless the form of the instrument has been provided to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.    (b) Only the cemetery company or its agents may sell or convey all or part of lots, grave spaces, crypts, or niches except that:  (1) The owner of all or part of a lot, grave space, niche, or crypt may sell his or her interest in a lot, grave space, crypt, or niche if:  (A) The lot, grave space, crypt, or niche is first offered in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots; and  (B) The cemetery company refuses the offer within thirty (30) days after the offer is made; and    (2) An owner may convey or devise to the cemetery company his or her interest in a lot, grave space, niche, or crypt.    (c) The secretary or other responsible officer of the cemetery company shall file and record in its books all instruments of transfer.  (d) The instrument of conveyance shall be signed by the persons having proper authority.  (e) A mortgage or lien on cemetery land granted by a permit holder shall not encumber any burial space that has been sold before granting the mortgage or lien.  (f)  (1) To ensure that all burial spaces remain unencumbered, the permit holder shall file with the board before executing a mortgage or creating a lien a notarized statement reflecting the specific description of the land to be affected by the mortgage or lien and a waiver or release by the proposed mortgagee or lienholder of any claim or right to any burial space for which an instrument of conveyance or deed has been or may be executed.  (2) The failure of a permit holder to comply with the requirements of this subsection is grounds for the board to require an additional contribution to the permanent maintenance fund of the cemetery in an amount not exceeding one thousand dollars ($1,000) for each burial space encumbered.    
 It shall be unlawful for any cemetery company to bury or inter a body in any path, alley, or walk. 
 (a) All contributions imposed under this subchapter shall be:  (1) Deposited into the respective permanent maintenance fund of the cemetery company upon which the contribution is imposed; and  (2) Paid within forty-five (45) days of imposition.    (b) All fees imposed under this subchapter shall be paid to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.  
 (a) All cemetery companies shall make and keep accounts and records which shall indicate that they have made the required contributions to the permanent maintenance fund. The burden is upon the cemetery company to maintain the accounts and records.  (b) Unless otherwise approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, all sales contracts and deeds issued by the cemetery company shall be numbered before they are executed by the cemetery company and shall contain those items that the board by rule or order prescribes.  (c) A cemetery company shall maintain records of its interments that shall include without limitation:  (1) The name of the interred or entombed;  (2) The date of interment or entombment; and  (3) The location of interment or entombment.    
 (a)  (1) Within seventy-five (75) days after the end of the calendar year, a cemetery company shall file with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a report under oath of its condition.  (2) The report shall include without limitation:  (A) The name and contact information of:  (i) The cemetery company;  (ii) The person in charge of the records of the cemetery company; and  (iii) Each person with authority to sign conveyance documents;    (B) The amount of sales and date of final payment of cemetery lots, graves, spaces, mausoleums, columbaria, crypts, lawn crypts, or niches for which payment has been made in full and instruments of conveyance have been issued during the preceding calendar year;  (C) The amounts paid into the permanent maintenance fund;  (D) The income received from the fund during the preceding calendar year;  (E) The total amount owed to the fund;  (F) The amounts owed to the fund at the date of the report;  (G) The amount expended for care and maintenance of the cemetery;  (H) The names and addresses of the owners of the cemetery company or the officers and directors of the cemetery company and stating any change of control that has occurred during the past calendar year, the date of incorporation, and the resident agent and resident agent's office if the cemetery company is a corporation; and  (I) Any other information the board requires.      (b) The report shall be accompanied by:  (1) A filing fee of three hundred twenty-five dollars ($325); and  (2)  (A) A fee of seven dollars ($7.00) for each burial sale contract entered into during the preceding calendar year by the cemetery company regardless of the number of spaces sold under the contract regarding lots, grave spaces, mausoleums, columbaria, crypts, lawn crypts, and niches.  (B) The burial sale contract fee under subdivision (b)(2)(A) of this section is not required for a burial sale contract of an interment in an infant interment garden that complies with  20-17-1030.      (c)  (1) If the cemetery company does not timely file its annual report, the board may require the cemetery company to pay an additional contribution to the permanent maintenance fund of no more than fifty dollars ($50.00) per day until the report is filed with the board.  (2) If the cemetery company refuses to pay the contribution or fees, the board shall institute suit to recover the penalty and fee and costs and such other relief as the state in its judgment deems proper.  (3) If the cemetery company shall fail to meet the requirements of this section, then the board shall apply to the Pulaski County Circuit Court for the proper order to require a report.    (d) The beginning and ending dates of the report shall coincide with the dates of the report of the trustee required in  20-17-1015.  (e) Upon receipt of a properly completed annual report from the trustee and the cemetery company, the board shall issue to the cemetery company an annual operating permit which shall be prominently displayed at the main entrance to the cemetery.  
 (a) On August 1, 2001, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall segregate one hundred eighty thousand dollars ($180,000) within its general operating fund to be known as the Insolvent Cemetery Loan Fund administered by the Insurance Commissioner and only used to lend a court-appointed receiver or conservator the funds necessary to assure that a cemetery will be properly maintained and will continue to be a going concern, including the funds necessary to pay a reasonable surety bond premium that is required to be posted by the court.  (b) The board may take any legal action necessary against a cemetery company, receiver, or conservator to recover funds loaned by the board to or for the benefit of the cemetery, the cemetery company, receiver, or conservator for the payment of maintenance expenses or unpaid loans.  (c) Disbursement from the Insolvent Cemetery Loan Fund for loans to a receiver or conservator shall be made on a first in, first out basis as determined by the commissioner.  (d) The commissioner may accept donations to the board from any cemetery company, organization, or individual to fund loans under this section.  (e) The board may waive payment or extend the payment period for a loan made to a receiver or conservator if the board determines that it is unlikely that the receiver or conservator has or will receive sufficient funds to repay the loan and that the funds were or are needed to maintain and operate the cemetery for the benefit of the lot owners and the general public.  (f) Any funds that accumulate in the Insolvent Cemetery Loan Fund in excess of one hundred eighty thousand dollars ($180,000) may at the request of the board be transferred to the Insolvent Cemetery Grant Fund under the Insolvent Cemetery Grant Fund Act,  20-17-1301 et seq.  
 (a) By March 1 of each year, each permit holder shall pay to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a permit renewal fee in the amount of one hundred dollars ($100).  (b) All annual permit fees shall be classified as general funds of the board and shall be used to make loans to receivers and conservators as provided in  20-17-1025.  
 (a)  (1) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may contract with the municipality or county where a cemetery is located for the care and maintenance and the operation of the cemetery.  (2) Services relating to the care and maintenance and the operation of the cemetery include without limitation:  (A) The sale and conveyance of lots;  (B) The opening and closing of graves;  (C) The preparation of financial reports and legal documents;  (D) The maintenance of driveways;  (E) The removal of trash and debris;  (F) The cutting of grass;  (G) The planting and care of trees, shrubs, and flowers; and  (H) The necessary improvements to streets, avenues, walks, or other public grounds of the cemetery.    (3) The municipal or county government may subcontract with qualified persons to provide services under this section.    (b)  (1) If the board contracts with a municipality or county under this section, the municipality or county, in addition to complying with any applicable statute, shall file with the board in March of each year a financial report showing all moneys received and expended during the preceding year, including without limitation:  (A) The date of receipt of all moneys;  (B) The source from which the moneys were received;  (C) All moneys paid out;  (D) The date the moneys were paid out;  (E) The person to whom the moneys were paid out; and  (F) The purpose of the payment.    (2) At the end of each calendar year, the municipality or county shall review the fiscal position of the cemetery and direct any excess moneys to the permanent maintenance fund.    (c) For the purposes of this section, a municipality or county may accept funds from public and private entities and direct the funds to:  (1) General maintenance and improvement; or  (2) The permanent maintenance fund.    (d) The state, a city, or a county shall be immune from liability in contract or in tort for actions taken to implement this section.  
 (a) The Governor may create a cemetery advisory board for any cemetery purchased under  20-17-1006 [repealed] to assist the state and the municipality or county where the cemetery is located in achieving the efficient management, operation, maintenance, and preservation of the cemetery.  (b)  (1) A cemetery advisory board shall be composed of seven (7) members appointed by the Governor as follows:  (A) Three (3) members shall be owners of lots in the cemetery or have demonstrated an interest in the preservation of the cemetery;  (B) Three (3) members shall be owners or operators of a licensed cemetery or funeral home in this state; and  (C) One (1) member shall be a person actively engaged, by profession or as a volunteer, in activities promoting the historic preservation of cemeteries in the local community.    (2)  (A) The terms of the members shall be for three (3) years.  (B) Members shall serve until their successors are appointed and qualified.  (C) The initial members shall draw lots so that three (3) members serve a term of one (1) year, two (2) members serve a term of two (2) years, and two (2) members serve a term of three (3) years.  (D)  (i) Vacancies for any unexpired term of a member shall be filled in the same manner as the original appointment of the vacating member.  (ii) An appointee to fill a vacancy shall serve for the unexpired term and is eligible for reappointment.      (3) Members shall biennially elect a chair, a vice chair, and a secretary from the membership, whose duties shall be those customarily exercised by the officers or specifically designated by the cemetery advisory board.  (4) No member shall be liable for any damages unless it is made to appear that he or she has acted with corrupt and malicious intent.  (5) Members shall serve without compensation.  (6) A cemetery advisory board shall meet as often as it deems necessary for the purpose of carrying out its duties under this section.    (c) A cemetery advisory board may:  (1) Establish itself as a section 501(c)(3) corporation under the Internal Revenue Code of 1986, as it existed on January 1, 2007;  (2) Raise private funds for the benefit of the cemetery general fund and the permanent maintenance fund;  (3) Recruit volunteers; and  (4)  (A) Advise the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and the municipality or county where the cemetery is located concerning long-term goals and plans for efficient cemetery operation and beautification.  (B) No policy of a cemetery advisory board relating to long-term goals and plans for efficient cemetery operation and beautification shall be adopted unless the municipality or county where the cemetery is located approves the policy.      
 (a) A cemetery company may maintain an infant interment garden if:  (1) The cemetery company provides the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a letter of intent to establish an infant interment garden and a map of the location for the infant interment garden;  (2) The infant interment garden is made available to the public and to existing families and property owners of the permitted cemetery on a nondiscriminatory basis;  (3) No charge is made to the family, next of kin, or any agency for the space, interment, and opening and closing services;  (4) The infant interment garden complies with the rules and regulations of the cemetery on file with the board; and  (5) The conveyance and recordkeeping requirements of  20-17-1019 and 20-17-1022 are satisfied for each interment in the infant interment garden.    (b) An infant interment garden that complies with this section is not subject to the deposit requirements of  20-17-1016.  
 The purpose of the district shall be the building and maintaining of a cemetery or cemeteries for the use and benefit of the property holders within the district, and it is realized that the cemetery would be a benefit to all the real property located in the district. 
 (a) Upon the petition of a majority in value of the owners of real property in any designated area, it shall be the duty of the county court to lay off into an improvement district the territory described in the petition and to name three (3) commissioners of the district who are resident property holders in the district.  (b)  (1) The petition for and the court order creating the district shall designate the maximum amount that may be expended for labor, materials, and personal services in any year in maintaining the grounds and facilities of the cemetery.  (2) The purpose for which the district is to be formed shall be stated in the petition, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose. It shall also receive a number to prevent its being confused with other districts for similar purposes.    
 (a)  (1) It shall be the duty of the county clerk to give notice of the filing of the petition, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to be fixed in the notice.  (2) The notice shall be published one (1) time a week for two (2) consecutive weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated.  (3) This notice may be in the following form:    (b) Any number of identical petitions may be circulated and identical petitions with identical names may be filed at any time until the county court acts.  (c)  (1) On the day named in the notice it shall be the duty of the county court to meet to hear the petition and to determine whether those signing the petition constitute a majority in value.  (2) If the county court determines that a majority in value have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners.  (3) If it finds that a majority has not signed the petition, it shall enter its order denying the petition.    (d) Any petitioner or any opponents of the petition may appeal from the judgment of the county court creating or refusing to create the district, but the appeal must be taken and perfected within thirty (30) days. If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.    Notice is hereby given that a petition has been filed praying for the formation of an improvement district for the purpose of . Said petition is on file at the office of the County Clerk of County, where it is open to inspection. All persons desiring to be heard on the question of formation of said district will be heard by the County Court at M., on the day of , 20 . The following lands are affected: (Here give description of lands affected; the same may be described by using the largest subdivisions possible.) County Clerk   Click to view form. 
 (a) The board of commissioners of a cemetery district shall be resident property holders in the district and shall be citizens of integrity and good business ability.  (b)  (1) The commissioners shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years, respectively. The length of the term of each commissioner shall be stated in the order of the county court making the appointment.  (2) As the terms of the commissioners expire, the county court shall appoint successors to hold office for a term of three (3) years.    (c)  (1) The county court may reappoint a commissioner whose term is expiring.  (2) In case of a vacancy on the board of commissioners after the commissioners have organized, the county court shall appoint some resident property holder as his or her successor, who shall qualify in like manner and within a like time.    (d) The commissioners shall serve without compensation.  
 (a) The commissioners may take charge of, purchase, and provide a site or grounds and additions thereto, to provide and maintain streets, aisles, outside fences, drainage, and other necessary facilities, and to employ a caretaker or caretakers for the cutting of grass and the planting and care of trees, shrubs, and flowers.  (b) The commissioners shall establish lots, plots, or burial spaces within the space provided for a cemetery and issue permits for the interment of deceased persons therein.  
 (a)  (1) Within thirty (30) days after their appointment, the commissioners shall take and file their oaths of office with the county clerk, in which they shall swear to support the United States Constitution and the Arkansas Constitution, to faithfully discharge their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board of commissioners.  (2) Any commissioner failing to file the oath within the period shall be deemed to have declined the office, and the county court shall appoint some resident property holder as his or her successor who shall qualify in like manner within a like time.    (b) The board shall organize by electing one (1) of its members chair, and it shall select a secretary.  (c) The board may also employ such agents, servants, attorneys, and engineers as it deems best and fix their compensation.  (d) Each district shall be a body corporate with power to sue and be sued, and the board shall have a corporate seal.  (e) The board shall also select some solvent bank or trust company as the depository of its funds, exacting of the depository a bond in an amount equal to the amount of money likely to come into its hands.  
 No member of the board of commissioners shall be liable for any damages unless it shall be made to appear that he or she had acted with a corrupt and malicious intent. 
 (a) Upon the qualification of the commissioners, they shall form plans for the improvements they intend to make and the property and equipment they intend to purchase.  (b)  (1) The commissioners shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district from making the improvements upon and the operation of the cemetery and shall fix their compensation.  (2) The assessors shall take an oath that they will well and truly assess all annual benefits that will accrue to the landowners of the district by the making of the proposed improvement, and by the acquisition and operation of the cemetery.    (c) The assessors shall thereupon proceed to assess the annual benefits to the lands within the district, shall inscribe in a book each tract of land, and shall extend opposite each tract of land, the amount of annual benefits that will accrue each year to the land by reason of the improvement.  (d)  (1) In case of any reassessment, the reassessment shall be advertised and equalized in the same manner as is provided in this section for making the original assessment.  (2) The owners of all property whose assessment has been raised shall have the right to be heard and to appeal from the decision of the assessors, as in the original assessment.    (e) The assessors shall place opposite each tract the name of the supposed owner, as shown by the last county assessment, but a mistake in the name shall not void the assessment, and the assessors shall correct errors which occur in the county assessment list.  (f) The commissioners shall have the authority to fill any vacancy in the position of assessor, and the assessors shall hold their offices at the pleasure of the board of commissioners.  
 (a) The assessment shall be filed with the county clerk of the county, and the secretary of the board of commissioners shall thereupon give notice of its filing by publication one (1) time a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form:  (b)  (1)  (A) On the day named by the notice, it shall be the duty of the assessors to meet at the place named as a board of assessors, to hear all complaints against the assessment, and to equalize and adjust the assessment.  (B) If the board is unable to hear all complaints between the hours designated, it shall adjourn over from day to day until all parties have been heard.    (2) The board's determination shall be final, unless suit is brought in the circuit court within thirty (30) days to review it.      Notice is hereby given that the assessment of annual benefits of District Number has been filed in the office of the County Clerk of County, where it is open for inspection. All persons wishing to be heard on said assessment will be heard by the assessors of said district in the office of the County Clerk between the hours of 1 p.m. and 4 p.m., at , on the day of , 20    Click to view form. 
 (a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district making it necessary to have the annual benefits revised.  (b) Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change. However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the operation of the cemetery.  
 (a) The board of commissioners of the district shall at the time that the annual benefit assessment is equalized or at any time thereafter enter upon its records an order, which shall have all the force of a judgment, provided that there shall be assessed upon the real property of the district and collected annually the annual benefit assessment set opposite each tract of land described. The annual benefit is to be paid by the owner of the real property in the district, payable as provided in the order.  (b)  (1) The uncollected annual benefit assessment as extended shall be a lien upon the real property in the district against which it is extended from the time the same is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created, and shall continue until the assessment with any penalty and costs that may accrue thereon shall have been paid.  (2) Notice of the amount due shall be given to each landowner, if he or she fails to pay his or her assessment on or before the third Monday in April by mail at his or her last known address.  (3)  (A) The remedy against the annual benefit assessment shall be by suit in equity, and the suit shall be brought within thirty (30) days from the time that the notice is mailed.  (B) On the appeal, the presumption shall be in favor of the legality of the annual benefit assessment.      
 (a) The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved.  (b) It shall then be the duty of the collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid over by the collector to the depository of the district at the same time that he or she pays over the county funds.  (c)  (1)  (A)  (i) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner.  (ii) The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist.    (B) It shall be the duty of the county collector to collect the taxes so extended.    (2) In lieu of filing the reassessment, the assessors may make the changes in the assessments in red ink on the assessment already on file, or the assessment record may contain many columns, at the head of which the year shall be designated, and in the column the new annual benefits may be shown in red ink, which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended.    
 (a)  (1) All annual benefits extended and levied under this subchapter shall be payable between the third Monday in February and the third Monday in April of each year.  (2) If any annual benefit assessments levied by the board of commissioners under this subchapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he or she shall sell the lands, but he or she shall report the delinquencies to the board of commissioners of the district who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%).    (b) The board of commissioners shall enforce the collection by equitable proceedings in the circuit court of the county in the manner provided by  14-121-426  14-121-432.  (c) However, the owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his or her lands have been stricken off by the commissioner making the sale.  
 (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.  
 (a) In order to acquire equipment and to do the work, the board of commissioners may issue the negotiable notes of the district signed by the members of the board and bearing a rate of interest not exceeding six percent (6%) per annum and may pledge and mortgage a portion of future annual benefit assessments as collected for the payment thereof.  (b) Any petitions for the creation of a district and the court order creating the district shall limit the total amount of notes that may be outstanding at any one (1) time in excess of ten thousand dollars ($10,000).  (c) The district shall have no authority to issue bonds.  
 (a) The district shall not cease to exist upon the completion of the improvement, but it shall continue to exist for the purpose of operating and maintaining the cemetery until such time as the owners of a majority in value of the real property within the district petition the county court for dissolution of the district.  (b) Publication of the petition for dissolution, as provided for in creating the district, shall be made, and if the county court finds that a majority in value of the real property in the district has petitioned for the dissolution of the district, the district shall be dissolved.  (c) Parties for or against the dissolution shall have the same right of appeal as in the creation of the district.  
 (a) All cases involving the validity of the districts or the annual benefit assessments and all suits to foreclose the lien of annual benefit assessments shall be deemed matters of public interest, and they shall be advanced and disposed of at the earliest possible moment.  (b) All appeals therefrom shall be taken and perfected within thirty (30) days.  
 In collecting annual benefit assessments in any district created under this subchapter, the collector of taxes in any county shall deduct one percent (1%) of the annual benefit assessments or taxes so collected, and retain one-half of one percent (0.5%) as the fee of the collector for collecting the assessments or taxes and pay over the remaining one-half of one percent (0.5%) of the assessments or taxes collected to the county clerk of the county as the fee of the county clerk for extending on the assessment records of the county the annual benefit assessments or taxes. 
 This subchapter shall be known and may be cited as the Revised Arkansas Anatomical Gift Act. 
 In this subchapter:   (1) Adult means an individual who is at least eighteen (18) years of age.  (2) Agent means an individual:  (A) authorized to make healthcare decisions on the principal's behalf by a power of attorney for health care; or  (B) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.    (3) Anatomical gift means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.  (4) Decedent means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this subchapter, a fetus.  (5) Disinterested witness means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under  20-17-1211.  (6) Document of gift means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.  (7) Donor means an individual whose body or part is the subject of an anatomical gift.  (8) Donor registry means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.  (9) Driver's license means a license or permit issued by the Office of Driver Services to operate a vehicle, whether or not conditions are attached to the license or permit.  (10) Eye bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.  (11) Guardian means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.  (12) Hospital means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.  (13) Identification card means an identification card issued by the Office of Driver Services.  (14) Know means to have actual knowledge.  (15) Minor means an individual who is under eighteen (18) years of age.  (16) Organ procurement organization means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.  (17) Parent means a parent whose parental rights have not been terminated.  (18) Part means an organ, an eye, or tissue of a human being. The term does not include the whole body.  (19) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.  (20) Physician means an individual authorized to practice medicine or osteopathy under the law of any state.  (21) Procurement organization means an eye bank, organ procurement organization, or tissue bank.  (22) Prospective donor means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.  (23) Reasonably available means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.  (24) Recipient means an individual into whose body a decedent's part has been or is intended to be transplanted.  (25) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.  (26) Refusal means a record created under  20-17-1207 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.  (27) Sign means, with the present intent to authenticate or adopt a record:  (A) to execute or adopt a tangible symbol; or  (B) to attach to or logically associate with the record an electronic symbol, sound, or process.    (28) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.  (29) Technician means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.  (30) Tissue means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.  (31) Tissue bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.  (32) Transplant hospital means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.  
 This subchapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. 
 Subject to  20-17-1208, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in  20-17-1205 by:   (1) the donor, if the donor is an adult or if the donor is a minor and is:  (A) emancipated; or  (B) authorized under state law to apply for a driver's license because the donor is at least sixteen (16) years of age;    (2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;  (3) a parent of the donor, if the donor is an unemancipated minor; or  (4) the donor's guardian.  
 (a) A donor may make an anatomical gift:  (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;  (2) in a will;  (3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or  (4) as provided in subsection (b).    (b) A donor or other person authorized to make an anatomical gift under  20-17-1204 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:  (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and  (2) state that it has been signed and witnessed as provided in paragraph (1).    (c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.  (d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.  
 (a) Subject to  20-17-1208, a donor or other person authorized to make an anatomical gift under  20-17-1204 may amend or revoke an anatomical gift by:  (1) a record signed by:  (A) the donor;  (B) the other person; or  (C) subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or    (2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.    (b) A record signed pursuant to subsection (a)(1)(C) must:  (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and  (2) state that it has been signed and witnessed as provided in paragraph (1).    (c) Subject to  20-17-1208, a donor or other person authorized to make an anatomical gift under  20-17-1204 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.  (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.  (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).  
 (a) An individual may refuse to make an anatomical gift of the individual's body or part by:  (1) a record signed by:  (A) the individual; or  (B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;    (2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or  (3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.    (b) A record signed pursuant to subsection (a)(1)(B) must:  (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and  (2) state that it has been signed and witnessed as provided in paragraph (1).    (c) An individual who has made a refusal may amend or revoke the refusal:  (1) in the manner provided in subsection (a) for making a refusal;  (2) by subsequently making an anatomical gift pursuant to  20-17-1205 that is inconsistent with the refusal; or  (3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.    (d) Except as otherwise provided in  20-17-1208(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.  
 (a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under  20-17-1205 or an amendment to an anatomical gift of the donor's body or part under  20-17-1206.  (b) A donor's revocation of an anatomical gift of the donor's body or part under  20-17-1206 is not a refusal and does not bar another person specified in  20-17-1204 or  20-17-1209 from making an anatomical gift of the donor's body or part under  20-17-1205 or  20-17-1210.  (c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under  20-17-1205 or an amendment to an anatomical gift of the donor's body or part under  20-17-1206, another person may not make, amend, or revoke the gift of the donor's body or part under  20-17-1210.  (d) A revocation of an anatomical gift of a donor's body or part under  20-17-1206 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under  20-17-1205 or  20-17-1210.  (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under  20-17-1204, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.  (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under  20-17-1204, an anatomical gift of a part for one or more of the purposes set forth in  20-17-1204 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under  20-17-1205 or  20-17-1210.  (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.  (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.  
 (a) Subject to subsections (b) and (c) and unless barred by  20-17-1207 or  20-17-1208, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:  (1) an agent of the decedent at the time of death who could have made an anatomical gift under  20-17-1204(2) immediately before the decedent's death;  (2) the spouse of the decedent;  (3) adult children of the decedent;  (4) parents of the decedent;  (5) adult siblings of the decedent;  (6) adult grandchildren of the decedent;  (7) grandparents of the decedent;  (8) an adult who exhibited special care and concern for the decedent;  (9) the persons who were acting as the guardians of the person of the decedent at the time of death; and  (10) any other person having the authority to dispose of the decedent's body.    (b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under  20-17-1211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.  (c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.  
 (a) A person authorized to make an anatomical gift under  20-17-1209 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.  (b) Subject to subsection (c), an anatomical gift by a person authorized under  20-17-1209 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under  20-17-1209 may be:  (1) amended only if a majority of the reasonably available members agree to the amending of the gift; or  (2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.    (c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.  
 (a) An anatomical gift may be made to the following persons named in the document of gift:  (1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;  (2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part;  (3) an eye bank or tissue bank.    (b) If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.  (c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply:  (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.  (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.  (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.  (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.    (d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.  (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).  (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).  (g) For purposes of subsections (b), (e), and (f) the following rules apply:  (1) If the part is an eye, the gift passes to the appropriate eye bank.  (2) If the part is tissue, the gift passes to the appropriate tissue bank.  (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.    (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ.  (i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.  (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under  20-17-1205 or  20-17-1210 or if the person knows that the decedent made a refusal under  20-17-1207 that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.  (k) Except as otherwise provided in subsection (a)(2), nothing in this subchapter affects the allocation of organs for transplantation or therapy.  
 (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:  (1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and  (2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.    (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.  (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.  
 (a) A document of gift need not be delivered during the donor's lifetime to be effective.  (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under  20-17-1211.  
 (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Office of Driver Services and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.  (b) A procurement organization must be allowed reasonable access to information in the records of the Office of Driver Services to ascertain whether an individual at or near death is a donor.  (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.  (d) Unless prohibited by law other than this subchapter, at any time after a donor's death, the person to which a part passes under  20-17-1211 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.  (e) Unless prohibited by law other than this subchapter, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor.  (f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.  (g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in  20-17-1209 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.  (h) Subject to  20-17-1211(i) and  20-17-1223, the rights of the person to which a part passes under  20-17-1211 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this subchapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under  20-17-1211, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.  (i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.  (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.  
 Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. 
 (a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits an unclassified felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both.  (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.  
 A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits an unclassified felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both. 
 (a) A person that acts in accordance with this subchapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.  (b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.  (c) In determining whether an anatomical gift has been made, amended, or revoked under this subchapter, a person may rely upon representations of an individual listed in  20-17-1209(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.  
 (a) A document of gift is valid if executed in accordance with:  (1) this subchapter;  (2) the laws of the state or country where it was executed; or  (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.    (b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.  (c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.  
 (a) In this section:  (1) Advance healthcare directive means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a healthcare decision for the prospective donor.  (2) Declaration means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.  (3) Healthcare decision means any decision made regarding the health care of the prospective donor.    (b) If a prospective donor has a declaration or advance healthcare directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary.  
 (a) A coroner and the state medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.  (b) If a coroner or the state medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner or the state medical examiner and a post-mortem examination is going to be performed, unless the state medical examiner denies recovery in accordance with  20-17-1223 the state medical examiner or designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.  (c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner or the state medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner or the state medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner or the state medical examiner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner or the state medical examiner.  
 (a) Upon request of a procurement organization, a coroner or the state medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner or the state medical examiner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner or the state medical examiner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner or the state medical examiner only if relevant to transplantation or therapy.  (b) The coroner or the state medical examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner or the state medical examiner which the coroner or the state medical examiner determines may be relevant to the investigation.  (c) A person that has any information requested by a coroner or the state medical examiner pursuant to subsection (b) shall provide that information as expeditiously as possible to allow the coroner or the state medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.  (d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner or after a post-mortem examination the coroner determines that no autopsy is required, or, if the decedent has been referred to the state medical examiner for post-mortem examination under  12-12-318 and the state medical examiner determines that an autopsy is required, after consultation with the prosecuting attorney and the coroner, and it is determined that the recovery of the parts that are the subject of an anatomical gift will not interfere with the autopsy, the coroner, state medical examiner, and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.  (e) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner or the state medical examiner has been or might be made, and after consultation with the coroner and prosecuting attorney, the state medical examiner believes the recovery of the part could interfere with determination of the decedent's cause and manner of death, the state medical examiner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. The procurement organization shall provide the state medical examiner with all information that the procurement organization has that could relate to the cause or manner of the decedent's death. After consultation with the prosecuting attorney and coroner, the state medical examiner may allow the recovery.  (f) The coroner, prosecuting attorney, medical examiner, and a procurement organization shall enter into an agreement establishing protocols and procedures governing the relations between them when an anatomical gift of a part from a decedent whose body is under the jurisdiction of the coroner or medical examiner has been or might be made but the coroner or medical examiner believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death. Decisions regarding the recovery of the part from the decedent shall be made in accordance with the agreement. The coroner, prosecuting attorney, medical examiner, and the procurement organization shall evaluate the effectiveness of the agreement at regular intervals but no less frequently than every two years.  (g) In the absence of an agreement establishing protocols and procedures governing the relations between the state medical examiner and a procurement organization, if the state medical examiner intends to deny recovery of an organ for transplantation or therapy, the state medical examiner or designee, at the request of the procurement organization, shall attend the removal procedure for the organ before making a final determination not to allow the procurement organization to recover the organ. During the removal procedure, the state medical examiner or designee may allow recovery by the procurement organization to proceed, or, if the state medical examiner or designee believes that the organ may be involved in determining the decedent's cause or manner of death, deny recovery by the procurement organization.  (h) If the procurement organization seeks to recover only an eye or tissue or both, the medical examiner or designee shall not be required to attend a removal procedure as provided in subsection (g).  (i) If the state medical examiner or designee denies recovery under subsection (g), the individual denying recovery shall:     explain in a record the specific reasons for not allowing recovery of the part;   include the specific reasons in the records of the state medical examiner; and   provide a record with the specific reasons to the procurement organization.       (j)  If the coroner or the state medical examiner or designee allows recovery of a part, the procurement organization will cooperate with the coroner and medical examiner in any documentation of injuries and the preservation and collection of evidence prior to and during the recovery of the part; and, upon request, shall cause the physician or technician who removes the part to provide the coroner and medical examiner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination.    (k)  If the state medical examiner or designee is required to be present at a removal procedure under subsection (g), upon request the procurement organization requesting the recovery of the organ shall reimburse the state medical examiner or designee for the additional costs incurred in complying with subsection (g). 
 This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C.  7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C.  7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C.  7003(b). 
 This subchapter shall be known and may be cited as the Insolvent Cemetery Grant Fund Act. 
 The General Assembly finds that:   (1) Perpetual care cemeteries provide historical and cultural benefits to the citizens of the State of Arkansas; and  (2) A grant program should be established to assist a perpetual care cemetery that is insolvent or in financial distress for its care and improvement.  
 An Insolvent Cemetery Grant Fund is established within the general operating fund of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress as determined by the board. 
 The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall:   (1) Review and grant or deny all or part of a grant application submitted under this subchapter; and  (2) Establish by rule:  (A) Criteria for grant applications and awards;  (B) Oversight of all grant expenditures;  (C) Criteria for reporting and maintaining all grant moneys and expenditures; and  (D) Criteria for the review of grant awards and expenditures to prevent misuse or abuse of grant money.    
 (a)  (1) As used in this section, eligible organization means an organization that agrees to provide for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.  (2) Eligible organization includes a nonprofit organization which is exempt from taxation under  501(c)(3) of the Internal Revenue Code.    (b) An eligible organization may be eligible to receive a grant under this subchapter for the care and improvement of a perpetual care cemetery if the perpetual care cemetery:  (1) Has been in court-ordered receivership or conservatorship for at least five (5) years;  (2) Has historic significance to the local community or the State of Arkansas; and  (3) Is insolvent or in financial distress.    
 An eligible organization shall apply for grant payments under this subchapter according to the rules established by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. 
 (a) The Insurance Commissioner shall make grant payments under this subchapter from:  (1) Funds appropriated by the General Assembly for that purpose; or  (2) Excess funds transferred under  20-17-1025 to the Insolvent Cemetery Grant Fund from the Insolvent Cemetery Loan Fund.    (b) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall not grant more than thirty-five thousand dollars ($35,000) in a fiscal year to an eligible organization for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress under this subchapter.  
 A grant award under this subchapter shall be used by an eligible organization exclusively for the care and improvement of the driveways, buildings, and grounds of a perpetual care cemetery that is insolvent or in financial distress. 
 This subchapter shall be known and may be cited as the Missing in America Project Act. 
 As used in this subchapter:   (1) Authorizing agent means the person who assumes original and lawful possession of a body under  20-17-102 or  20-17-701 et seq.;  (2) DD Form 93 means a United States Department of Defense Record of Emergency Data or its successor form;  (3)  (A) Funeral establishment means an entity or person:  (i) Devoted to sheltering, caring for, cremating, preparing, storing, or disposing of a human body; and  (ii) That is licensed by the State of Arkansas to embalm, cremate, care, or dispose of a dead human body.    (B) Funeral establishment includes the office of a coroner or medical examiner of:  (i) A municipality of the State of Arkansas;  (ii) A county of the state; or  (iii) The state;      (4) Interment means the disposition of human remains by entombment, burial, or placement in an urn that is deposited above or below ground;  (5) Next of kin means the following in the order named if the person is eighteen (18) years of age or older and is of sound mind:  (A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the next of kin is the person authorized to direct disposition on the DD Form 93;  (B) Second, a person appointed by the decedent in the decedent's declaration of final disposition;  (C) Third, a surviving spouse;  (D) Fourth, a surviving child, or if there is more than one (1) child of the decedent, the majority of the surviving children;  (E) Fifth, a surviving parent;  (F) Sixth, a surviving sibling;  (G) Seventh, a surviving grandparent;  (H) Eighth, the guardian of the decedent at the time of the decedent's death; and  (I) Ninth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent;    (6) Person means an individual, firm, partnership, copartnership, association, corporation, or other entity;  (7) Unclaimed remains means the remains of a decedent when the next of kin entitled to the right to control the disposition of the remains:  (A) Cannot be located; or  (B) Does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier;    (8) Veteran means a person who served in the United States active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable;  (9) Veterans cemetery means a cemetery under the control of:  (A) The United States Department of Veterans Affairs National Cemetery Administration; or  (B) The Department of Veterans Affairs; and    (10) Veterans service organization means an entity that is:  (A) A charitable organization that is tax exempt under the United States Internal Revenue Code; and  (B) Organized for the benefit of veterans and has been recognized by the United States Congress, including without limitation the Disabled American Veterans, Veterans of Foreign Wars of the United States, the American Legion, the Legion of Honor, the Vietnam Veterans of America, and the Missing in America Project.    
 (a)  (1) The authorizing agent shall conduct a diligent search with the Department of Veterans Affairs and the United States Department of Veterans Affairs to determine whether the decedent was a veteran if:  (A) The decedent is eighteen (18) years of age or older; and  (B) The remains are determined to be unclaimed remains.    (2) The search must be completed within five (5) days after the decedent's death.    (b) The authorizing agent may share identifying information of the decedent with a veterans service organization or the Department of Veterans Affairs and the United States Department of Veterans Affairs to:  (1) Determine whether the decedent was a veteran; and  (2) Verify that the decedent is entitled to veteran interment benefits.    
 (a) An authorizing agent may authorize the cremation of an unclaimed deceased veteran's body.  (b) A funeral establishment that accepts the unclaimed remains of a veteran:  (1) Shall place the cremated remains in a container marked with the proper identification of the decedent;  (2)  (A) Shall retain or arrange for the retention of the cremated remains until they are relinquished to:  (i) A veterans service organization;  (ii) The Department of Veterans Affairs or the United States Department of Veterans Affairs; or  (iii) The authorizing agent.    (B) The veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs must certify that the deceased veteran:  (i) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and  (ii) Will be provided a dignified and honorable funeral at a veterans cemetery; and      (3)  (A) May dispose of the cremated remains in a manner permitted by law after five (5) days from the date of cremation if the cremated remains are not relinquished to a person as provided in subdivision (b)(2) of this section.  (B) The disposal of the remains must comply with the public health and welfare laws of the State of Arkansas.      
 A funeral establishment that is also the authorizing agent that determines the final disposition of the remains of a decedent and directs that the body of the decedent be cremated:   (1) Shall place the cremated remains in a container marked with the proper identification of the decedent;  (2) Shall store the cremated remains for five (5) days from the date of cremation;  (3) May share identifying information of the decedent with a veterans service organization or the Department of Veterans Affairs or the United States Department of Veterans Affairs to:  (A) Determine whether the decedent was a veteran; and  (B) Verify that the decedent is entitled to veteran interment benefits; and    (4)  (A) May dispose of the cremated remains after five (5) days from the date of cremation if the cremated remains are not relinquished to:  (i) A veterans service organization;  (ii) The Department of Veterans Affairs or the United States Department of Veterans Affairs; or  (iii) The next of kin of the decedent.    (B) The disposal of the remains of the decedent must comply with the public health and welfare laws of the State of Arkansas.    
 (a)  (1) If the authorizing agent or funeral establishment determines that the unclaimed remains are those of a veteran, the remains may be relinquished to the control of:  (A) A veterans service organization; or  (B) The Department of Veterans Affairs or the United States Department of Veterans Affairs.    (2) The veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs shall certify that the deceased veteran:  (A) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and  (B) Will be provided a dignified and honorable funeral at a veterans cemetery.      (b) The funeral establishment shall:  (1) Establish and maintain a record identifying the veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs receiving the deceased veteran's remains; and  (2) Retain the records required under subdivision (b)(1) of this section for five (5) years from the date of transfer of the remains to the veterans service organization or the Department of Veterans Affairs or the United States Department of Veterans Affairs.    
 A person, funeral establishment, veterans service organization, or Department of Veterans Affairs or the United States Department of Veterans Affairs shall not be civilly liable for possessing, delivering, cremating, storing, disposing, or handling in any lawful manner the remains of a decedent under this subchapter. 
 (a) If a deceased veteran has an estate, the estate shall be responsible for reimbursing a funeral establishment or authorized agent for all reasonable expenses incurred in relation to the disposition of the remains of the deceased veteran.  (b) The Department of Veterans Affairs and county veterans' service officers shall provide technical assistance and information to funeral establishments, veterans service organizations, estates, and next of kin in order to facilitate a lawful application to the United States Department of Veterans Affairs for the purpose of obtaining reimbursement of the reasonable and authorized expenses for disposition of the remains of a qualified veteran.  
 As used in this subchapter:   (1) Attending physician means the physician who has primary responsibility for the treatment and care of the patient;  (2)  (A) Declaration means a writing executed in accordance with the requirements of  20-17-202(a).  (B) Declaration is an advance directive under  20-6-102;    (3) Healthcare provider means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession;  (4) Healthcare proxy is a person eighteen (18) years old or older appointed by the patient as attorney-in-fact to make healthcare decisions including the withholding or withdrawal of life-sustaining treatment if a qualified patient, in the opinion of the attending physician, is permanently unconscious, incompetent, or otherwise mentally or physically incapable of communication;  (5) Life-sustaining treatment means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a condition of permanent unconsciousness;  (6) Permanently unconscious means a lasting condition, indefinitely without change in which thought, feeling, sensations, and awareness of self and environment are absent;  (7) Person means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;  (8) Physician means an individual licensed to practice medicine in this state;  (9) Qualified patient means a patient eighteen (18) or more years of age who has executed a declaration or appointed a healthcare proxy and who has been determined to be in a terminal condition or in a permanently unconscious state by the attending physician and another qualified physician who has examined the patient;  (10) State means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and  (11) Terminal condition means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time.  
 (a)  (1) An individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or another at the declarant's direction, and witnessed by two (2) individuals.  (2) A declaration executed under this section before July 1, 2017, is valid if the declaration substantially complies with subdivision (a)(1) of this section.  (3) A declaration executed under this section on and after July 1, 2017, is valid if the declaration document:  (A) Is notarized but does not have two (2) witnesses; or  (B) Satisfies the requirements of the Arkansas Healthcare Decisions Act,  20-6-101 et seq.      (b) A declaration may be, but need not be, in the following form in the case where the patient has a terminal condition:  (c) A declaration may be, but need not be, in the following form in the case where the patient is permanently unconscious:  (d) A physician or other healthcare provider who is furnished a copy of the declaration shall make it a part of the declarant's medical record.  (e) In the case of a qualified patient, the patient's healthcare proxy, in consultation with the attending physician, shall have the authority to make treatment decisions for the patient, including the withholding or withdrawal of life-sustaining procedures.  (f) A declaration executed by a qualified individual shall be clear and convincing evidence of his or her wishes, but clear and convincing evidence of an individual's wishes is not limited to the declarations under this section.  (g)  (1) The directives concerning nutrition and hydration contained in subsections (b) and (c) of this section shall apply only to declarations executed on and after July 16, 2003.  (2) All declarations executed before that date shall remain in full force and effect, and the provisions of subsections (b) and (c) of this section pertaining to hydration and nutrition shall not be applied in the interpretation or construction of any such declaration, nor shall they be applied to in any way invalidate any such declaration or to otherwise limit the directives, powers, and authority granted under any such declaration.      DECLARATION If I should have an incurable or irreversible condition that will cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician, pursuant to the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act, to [withhold or withdraw treatment that only prolongs the process of dying and is not necessary to my comfort or to alleviate pain] [follow the instructions of whom I appoint as my Health Care Proxy to decide whether life-sustaining treatment should be withheld or withdrawn]. It is my specific directive that nutrition may be withheld after consultation with my attending physician. It is my specific directive that hydration may be withheld after consultation with my attending physician. It is my specific directive that nutrition may not be withheld. It is my specific directive that hydration may not be withheld. Signed this day of , 20 . Signature Address I am a competent adult who is not named as a healthcare proxy in this document. I witnessed the patient's signature on this form. Witness Address I am a competent adult who is not named as a healthcare proxy in this document. I am not related to the patient by blood, marriage, or adoption and I would not be entitled to any portion of the patient's estate upon his or her death under any existing will or codicil or by operation of law. I witnessed the patient's signature on this form. Witness Address   Click to view form.   DECLARATION If I should become permanently unconscious, I direct my attending physician, pursuant to the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act, to [withhold or withdraw life-sustaining treatments that are no longer necessary to my comfort or to alleviate pain] [follow the instructions of whom I appoint as my health care proxy to decide whether life-sustaining treatment should be withheld or withdrawn]. It is my specific directive that nutrition may be withheld after consultation with my attending physician. It is my specific directive that hydration may be withheld after consultation with my attending physician. It is my specific directive that nutrition may not be withheld. It is my specific directive that hydration may not be withheld. Signed this day of , 20 . Signature Address I am a competent adult who is not named as a healthcare proxy in this document. I witnessed the patient's signature on this form. Witness Address I am a competent adult who is not named as a healthcare proxy in this document. I am not related to the patient by blood, marriage, or adoption and I would not be entitled to any portion of the patient's estate upon his or her death under any existing will or codicil or by operation of law. I witnessed the patient's signature on this form. Witness Address   Click to view form. 
 A declaration becomes operative when: (i) it is communicated to the attending physician; and, (ii) the declarant is determined by the attending physician and another physician in consultation either to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment or to be permanently unconscious. When the declaration becomes operative, the attending physician and other healthcare providers shall act in accordance with its provisions or comply with the transfer provisions of  20-17-207. 
 (a)  (1) A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other healthcare provider by the declarant or a witness to the revocation.  (2)  (A) The wishes of a patient who requests nutrition or hydration, or both, shall be honored.  (B) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.      (b) The attending physician or other healthcare provider shall make the revocation a part of the declarant's medical record.  
 Upon determining that the declarant is in a terminal condition or permanently unconscious, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record. 
 (a) A qualified patient may make decisions regarding life-sustaining treatment as long as the patient is able to do so.  (b) This subchapter does not affect the responsibility of the attending physician or other healthcare provider to provide treatment, including nutrition or hydration, or both, for a patient's comfort or alleviation of pain.  (c) The declaration of a qualified patient known to the attending physician to be pregnant must not be given effect as long as it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment.  
 (a) A declaration under this subchapter is a written advance directive under the Arkansas Healthcare Decisions Act,  20-6-101 et seq.  (b) The provisions of the Arkansas Healthcare Decisions Act,  20-6-101 et seq., concerning compliance by a healthcare provider or healthcare institution apply to:  (1) Determine whether an attending physician or other healthcare provider may decline to comply with a declaration executed under this subchapter; and  (2) Any duty to transfer a patient when the attending physician or other healthcare provider declines to comply with a declaration executed under this subchapter.    
 (a) In the absence of knowledge of the revocation of a declaration, a person is not subject to civil or criminal liability or discipline for unprofessional conduct for carrying out the declaration pursuant to the requirements of this subchapter.  (b) A physician or other healthcare provider, whose actions under this subchapter are in accord with reasonable medical standards, is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to those actions.  
 (a) A physician or other healthcare provider who willfully fails to transfer in accordance with  20-17-207 is guilty of a Class A misdemeanor.  (b) A physician who willfully fails to record the determination of terminal condition or permanent unconsciousness in accordance with  20-17-205 is guilty of a Class A misdemeanor.  (c) An individual who willfully conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a Class A misdemeanor.  (d) An individual who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in  20-17-204, is guilty of a Class D felony.  (e) An individual who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, healthcare services is guilty of a Class D felony.  (f) A person who coerces or fraudulently induces another to execute a declaration under this subchapter is guilty of a Class D felony.  (g) The sanctions provided in this section do not displace any sanction applicable under other law.  
 (a) Death resulting from the withholding or withdrawal of life-sustaining treatment pursuant to a declaration and in accordance with this subchapter does not constitute, for any purpose, a suicide or homicide.  (b) The making of a declaration pursuant to  20-17-202 does not affect in any manner the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured qualified patient, notwithstanding any term to the contrary.  (c) A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, healthcare services.  (d) This subchapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding, or withdrawal of life-sustaining treatment in the event of a terminal condition or permanent unconsciousness.  (e) This subchapter does not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede any right or responsibility that a person has to affect the withholding or withdrawal of medical care.  (f) This subchapter does not require any physician or other healthcare provider to take any action contrary to reasonable medical standards.  (g) This subchapter does not condone, authorize, or approve mercy killing or euthanasia.  
 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. 
 A declaration executed in another state in compliance with the law of that state or of this state is validly executed for purposes of this subchapter. 
 An instrument executed before July 20, 1987, which substantially complies with  20-17-202(a) must be given effect pursuant to the provision of this subchapter. 
 (a) If any person is a minor or an adult where a valid declaration does not exist and a healthcare proxy has not been designated and who, in the opinion of the attending physician, is no longer able to make healthcare decisions, then the declaration may be executed in the same form on his or her behalf by the first of the following individuals or category of individuals who exist and are reasonably available for consultation:  (1) A legal guardian of the patient, if one has been appointed;  (2) In the case of an unmarried patient under the age of eighteen (18), the parents of the patient;  (3) The patient's spouse;  (4) The patient's adult child or, if there is more than one (1), then a majority of the patient's adult children participating in the decision;  (5) The parents of a patient over the age of eighteen (18);  (6) The patient's adult sibling or, if there is more than one (1), then a majority of the patient's adult siblings participating in the decision;  (7) Persons standing in loco parentis to the patient; or  (8) A majority of the patient's adult heirs at law who participate in the decision.    (b)  (1) Even if an advance directive that includes a directive to withhold nutrition or hydration, or both, is signed by a person under this section, if the terminally ill patient requests nutrition or hydration, his or her wishes shall be honored.  (2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.    
 This subchapter may be cited as the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act. 
 If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end, the provisions of this subchapter are severable. 
 This subchapter takes effect on July 20, 1987. 
 The following acts and parts of acts are repealed:   (1) Acts 1977, No. 879; and  (2) All laws and parts of laws in conflict with this subchapter.  
 This subchapter is cumulative and does not alter or repeal any law or laws in effect before June 9, 1955. 
 (a) Consent for a licensed physician to conduct a postmortem examination on the body of a deceased person shall be deemed sufficient when given by the deceased, if in writing, and signed and acknowledged before his or her death or when given by whichever one (1) of the following assumes custody of the body for purposes of burial:  (1) Father;  (2) Mother;  (3) Husband;  (4) Wife;  (5) Child;  (6) Guardian;  (7) Next of kin; or  (8) In the absence of any of the persons listed in subdivisions (a)(1)-(7) of this section, a friend or a person charged by law with the responsibility for burial.    (b) If two (2) or more such persons assume custody of the body, consent of one (1) of them shall be deemed sufficient.  
 After the examination has been completed, the dead body shall be delivered to the relatives or friends of the deceased person for burial. 
 (a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the Organ Donor Awareness Education Trust Fund.  (b) The fund shall consist of all moneys donated or collected for the purpose of educating or informing the public of the need for organ donations, all interest earned from the investment of fund balances, and any remaining fund balances carried forward from year to year.  (c) The Secretary of the Department of Finance and Administration may accept any gifts, grants, bequests, devises, and donations made to the State of Arkansas for the purposes of organ donor awareness education. Moneys received for the purposes stated in this section shall be deposited into the fund.  (d) The Department of Finance and Administration shall administer the fund.  (e) The secretary shall grant funds available and appropriated from the fund to the Arkansas Regional Organ Recovery Agency, Inc. or its successor agency to be used for educational or informational materials and other related costs associated with informing or educating the public about organ donations and organ donation awareness.  (f) The Arkansas Regional Organ Recovery Agency, Inc. or its successor agency shall annually provide to the Chief Fiscal Officer of the State documentation evidencing that granted funds have been used in accordance with the purposes of this act.  
 (a) If booklets or other information sources on the importance of organ donations are provided through the grant program established under  20-17-502, the Revenue Division of the Department of Finance and Administration shall make the materials available to the public through the various offices of the division.  (b) The booklets or other information sources shall be approved by the Department of Health.  
 (a) The coroners and medical examiners of the counties of Arkansas shall make reasonable efforts to facilitate procurement of transplantable organs and tissues in coordination with organ recovery agencies.  (b) All organs and tissue procured in Arkansas shall be offered first to Arkansas patients before consideration of out-of-state patients unless that would be in conflict with federally mandated guidelines.  
 (a)  (1) The Office of Driver Services shall assist in establishing a registry of organ donors by providing information to an organ procurement agency created, organized, and existing under the laws of the State of Arkansas. The information shall list persons who have agreed to make an anatomical gift as indicated on their operator's or chauffeur's licenses.  (2) The information shall include the person's name, address, sex, birth date, driver's license number, and any limitations on the purposes of the anatomical gift.    (b)  (1) Access to the registry maintained by the organ procurement agency shall be provided to all other organ procurement agencies licensed, accredited, and approved under Arkansas law.  (2) Organ procurement agencies may release information from the registry to tissue banks that have written agreements with the organ procurement agency.  (3) However, information obtained from the registry shall not be distributed further to any other person or entity.    (c) Any person whose name has been placed on the organ donor registry may have his or her name deleted by filing the appropriate form with the office.  
 (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.  
 (a)  (1)  (A) The person who assumes original and lawful possession, charge, or control of any body as described in this subchapter shall conduct a diligent search for relatives or next of kin of the deceased, or that person shall request the county sheriff or such other person as may be required by law to conduct the search.  (B) The search shall be completed within five (5) days of the death of the deceased or the date of the request, whichever is later.    (2) The person conducting the search under subdivision (a)(1) of this section shall make every effort to find the spouse, if any, of the deceased.  (3) If the person conducting the search is not satisfied that the putative spouse is, in fact, a legal spouse, or it is determined that no spouse exists, then every effort shall be made to find the parents and siblings, if any, of the deceased.    (b) If the identity of the deceased is not known, the investigation shall include without limitation submittal of the unidentified deceased to the State Crime Laboratory for forensic examination and scientific identification that may include fingerprinting, dental examination, DNA analysis, and entry into the National Missing and Unidentified Persons System database.  (c) If the deceased is eighteen (18) years of age or older, the person conducting the search shall conduct a diligent search with the Department of Veterans Affairs and the United States Department of Veterans Affairs to determine whether the deceased was a veteran under  20-17-1403.  (d) If a relative or next of kin does not claim the body, a friend, a representative of a fraternal society of which the deceased was a member, a veterans service organization as defined in the Missing in America Project Act,  20-17-1401 et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the body for burial or cremation at his or her expense as described in  20-17-706(a)-(c).  (e)  (1) If a party listed in subsection (d) of this section or a medical school does not claim the body, the person in possession, charge, or control of the unclaimed body shall bury, cremate, or donate the unclaimed body within ten (10) days after the date of death.  (2) If the unclaimed body is cremated and a relative, next of kin, or other party described in subsection (d) of this section does not claim the unclaimed remains within five (5) days of cremation, the person in possession, charge, or control of the unclaimed body may dispose of the unclaimed remains in a manner permitted by law.  (3) If money is discovered on the unclaimed body, the person in possession, charge, or control of the unclaimed body may use the money toward the disposition of the unclaimed body.  (4) If the deceased had an estate, the estate is responsible for reimbursing the person in possession, charge, or control of the unclaimed body for all reasonable expenses incurred in relation to the disposition of the unclaimed body.  (5)  (A) The coroner in the county where the unclaimed body is located may assume possession, charge, or control of the unclaimed body and all obligations and benefits required of the person in possession, charge, or control of the unclaimed body.  (B)  (i) The person in possession, charge, or control of the unclaimed body may petition the county court where the unclaimed body is located for the county to take possession, charge, or control of the unclaimed body.  (ii) The county court shall grant the county possession, charge, or control of the unclaimed body upon a finding that the county is able to address the disposition of the unclaimed body and the county is the proper county for disposition of the unclaimed body.        
 (a) Any person in charge of a prison, morgue, hospital, funeral parlor, or mortuary, any person who is a public officer, agent, or employee of the state, any county or municipality, and all persons coming into possession, charge, or control of any human body that is unclaimed for burial may notify a medical school that the body, if unclaimed, is available for use in the advancement or study of medical science.  (b) For the purpose of notifying a medical school of its availability, unclaimed body means a human body in the possession, charge, or control of the persons named in subsection (a) of this section for a period not to exceed forty-eight (48) hours, during which time a relative, next of kin, friend, representative of a fraternal society of which the deceased was a member, veterans service organization as defined in the Missing in America Project Act,  20-17-1401 et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the body for burial purposes.  
 Upon expiration of the forty-eight (48) hours as provided in  20-17-703, if the body of a deceased person has not been claimed for burial, the person then having possession, charge, or control of the unclaimed body shall surrender or deliver the unclaimed body to a medical school if the unclaimed body has been offered to and requested by the medical school. 
 (a) An unclaimed dead human body shall not be surrendered under this subchapter to a medical school if there is proof that the deceased has during his or her last illness expressed his or her desire to be buried or otherwise interred.  (b) Any adult may by will or otherwise donate his or her body to a medical school under the Revised Arkansas Anatomical Gift Act,  20-17-1201 et seq.  
 (a) If a medical school is offered an unclaimed body and determines that there is a need for the unclaimed body, that the unclaimed body is suitable for anatomical science or study, and that the unclaimed body has not been embalmed, then the medical school, at its expense, shall immediately arrange for proper embalmment of the unclaimed body by a licensed embalmer, either with the person having possession, charge, or control of the unclaimed body if the person is a licensed embalmer or licensed funeral director or with any other licensed embalmer or licensed funeral director.  (b) If the body has been embalmed before the claim of the medical school, as is customary, or the body is embalmed by its direction according to the provisions of this subchapter, the medical school shall pay twenty-five dollars ($25.00) as a reimbursement of embalming expenses and shall assume costs for transportation of the body when shipment is at its direction.  (c) Should the body be embalmed before legal claim, any person or organization asserting legal claim to the body within forty-eight (48) hours after death as provided in this subchapter shall assume responsibility for at least twenty-five dollars ($25.00) of the cost thereof, together with reasonable costs for transportation of the body which may have been incurred.  (d) If the deceased had provided for the use of his or her body for medical science under the Revised Arkansas Anatomical Gift Act,  20-17-1201 et seq., and provided funds in his or her estate for burial, the medical school shall be free of all claims for the expenses as ordinarily provided under subsections (a)-(c) of this section.  
 (a) A medical school shall cause any unclaimed body offered and accepted under this subchapter to be retained in a proper state of preservation for fifteen (15) days after the date the unclaimed body is received by the medical school.  (b) During the time period under subsection (a) of this section a relative, a next of kin, a friend, a representative of a fraternal society of which the deceased was a member, a veterans service organization as defined in the Missing in America Project Act,  20-17-1401 et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the unclaimed body for burial or cremation at his or her or its expense as stated in  20-17-706(a)-(c).  (c) If a claim is made, the medical school shall be reimbursed by the claimant for the embalming fee and transportation charges that have been incurred by the medical school in favor of the body claimed.  (d) If the unclaimed body is not claimed by any person or organization within fifteen (15) days from the date of arrival at the medical school, then all right, title, and interest in the unclaimed body shall be deemed to vest in the state for the benefit of the medical school, and any living relative, next of kin, friend, or organization shall be deemed to have consented irrevocably to use of the unclaimed body for the advancement or study of medical science.  
 (a) At any time when a body as described in this subchapter has been used and deemed of no further value to medical science or study, the medical school shall cause the body to be buried or otherwise disposed of according to law, or the remains may be claimed by a member of the family of the deceased for burial at his or her expense if the body had been willed to the medical school.  (b) If the body as described in  20-17-703 is deemed unsuitable for anatomical study or research, the person having possession, charge, or control of the body shall be notified, and the body shall then be disposed of in accordance with existing laws, rules, and practices for disposing of unclaimed bodies.  
 The medical school shall cause a complete record to be kept of all bodies received under this subchapter, and the record shall be open to inspection by any municipal, county, or state officer. 
 No person shall be civilly liable for possessing, examining, dissecting, or handling in any lawful manner any cadaver under this subchapter. 
 (a)  (1)  (A) Any physician removing or otherwise acquiring human tissue, in his or her discretion, after making or causing to be made scientific examination of the human tissue as he or she may deem appropriate or as may be required by law, custom, or rules and regulations of the hospital or other institution in which the human tissue may have been removed or acquired, may authorize disposition of the human tissue in a respectful and proper manner after separating the human tissue from other medical waste.  (B) The physician may authorize the disposition pursuant to this subsection unless he or she has been furnished, before removal or acquisition of the tissue or at any time before its disposal, a written request that the tissue be delivered to the patient or someone in his or her behalf or, if death has occurred, to the person claiming the dead body for burial or cremation.    (2) However, human tissue shall not be delivered except as may be permitted by rules of the State Board of Health.  (3) Any hospital or other institution acquiring possession of any human tissue and not having written instructions to the contrary from the attending physician, the patient, or the person claiming a dead body for burial or cremation, or someone acting in their behalf, may immediately dispose of the human tissue as provided for in this subsection.    (b)  (1)  (A) An external member of the human body shall not be disposed of pursuant to subsection (a) of this section within forty-eight (48) hours of its removal or acquisition unless consent is obtained in writing from the patient or the person authorizing the medical or surgical treatment of the patient.  (B) A dead fetus shall be disposed of in accordance with the Arkansas Final Disposition Rights Act of 2009,  20-17-102.    (2) For the purposes of this section:  (A) Dead fetus means a product of human conception exclusive of its placenta or connective tissue, which has suffered death prior to its complete expulsion or extraction from the mother as established by the fact that, after the expulsion or extraction the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles;  (B) External member of the human body means an arm or one (1) or more joints of the arm, a hand, a finger or one (1) or more joints of the finger, a leg or one (1) or more joints of the leg, a foot, a toe or one (1) or more joints of the toe, an ear or the greater part of the ear, or the nose or the greater part of the nose;  (C) Human tissue means any tissue of the human body, including without limitation an external member of the human body, placenta, or fetal connective tissue; and  (D) Respectful and proper manner means either releasing the human tissue to the patient or authorized person, incineration, burial, or cremation.      (c)  (1) The board shall promulgate all reasonable and necessary rules to implement the provisions of this section.  (2) Facilities licensed by the Department of Health shall establish operational policies to implement the board rules and this section.    
 (a) A physician or facility that performs an abortion shall ensure that the fetal remains and all parts are disposed of in accordance with  20-17-801 and the Arkansas Final Disposition Rights Act of 2009,  20-17-102.  (b) A person shall not perform any biomedical or behavioral research on:  (1) A fetus born alive as the result of a legal abortion unless the research is for the exclusive benefit of the fetus so born; or  (2) A fetus born dead as the result of a legal abortion or on any fetal tissue produced by the abortion.    (c) A person shall not buy, sell, give, exchange, or barter or offer to buy, sell, give, exchange, or barter any fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.  (d) A person shall not possess either a fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.  (e) Subsection (d) of this section does not apply to:  (1) A physician performing a legal abortion or a pathologist performing a pathological examination as the result of a legal abortion;  (2) An employee, agent, or servant of a physician performing a legal abortion or pathologist performing a pathological examination as the result of a legal abortion;  (3) The staff, faculty, students, or governing body of any institution of higher education or institution of secondary education to the extent of courses of instruction taught and research conducted at the institutions;  (4) Licensed physicians or their employees, agents, and servants while in the conduct of medical research;  (5) Any licensed physician when performing a standard autopsy examination; or  (6) Any person acting in accordance with  20-17-801 or the Arkansas Final Disposition Rights Act of 2009,  20-17-102.    (f) A person violating this section is guilty of a Class A misdemeanor.  
 All cemeteries now existing in the state shall be registered with the county judge, if under his or her jurisdiction, or with the mayor, as the case may be, and a copy of the registration shall be filed with the Department of Health. This registration shall show the location and boundaries of the cemetery. 
 (a) It shall be unlawful to bury a dead body outside of a registered cemetery.  (b) The sexton or person in charge of the cemetery shall keep a correct record on a form prescribed by the Department of Health of each body buried in the cemetery.  
 (a) Whenever it is proposed to locate a cemetery or to extend the boundaries of an existing cemetery, the party so proposing shall make written application to the county judge or to the mayor of an incorporated city or town, according to whether the cemetery or extension of a cemetery is to be located in the jurisdiction of one (1) or the other of these authorities. The written description shall describe accurately the location and boundaries of the proposed cemetery or extension of a cemetery.  (b) Before acting upon the application, the county judge or the mayor, as the case may be, shall refer the application to the Department of Health for investigation from a sanitary standpoint. In making such an investigation the department shall take into consideration the proximity of the proposed cemetery or extension of a cemetery to human habitations, the nature of the soil, the drainage of the ground, the danger of pollution of valuable springs or streams of water, and such other conditions as would bear upon the situation.  (c) Having completed its investigation as promptly as can be done, the department shall submit a report to the judge or the mayor, as the case may be, and either approve or disapprove the application.  (d) Having received the report from the department, the county judge or the mayor, as the case may be, as recommended by the department, shall either grant or deny the application.  (e) Should the application be granted, the county judge or the mayor, as the case may be, shall issue to the party making the application in such form as may be prescribed by the department a permit to establish or extend the cemetery in question.  (f) The permit shall be recorded in the office of the county judge or the mayor and a copy forwarded to the department.  
 (a) By trust instrument or will, any person may establish a trust fund in perpetuity with the income from the trust fund to go to the upkeep of certain specified burial lots or plots in one (1) or more cemeteries or burial grounds in the State of Arkansas.  (b)  (1) No amount placed in trust pursuant to subsection (a) of this section by any one (1) trustor or testator shall be in excess of the sum of two hundred thousand dollars ($200,000).  (2) The trust fund shall be:  (A) Invested in state, municipal, or federal obligations;  (B) Deposited for interest into a savings and loan association whose funds are insured by the Federal Deposit Insurance Corporation; or  (C) Placed on interest-bearing time deposit in a bank whose funds are guaranteed by the Federal Deposit Insurance Corporation.    (3) The trust fund shall be so invested or deposited as directed by the circuit court of the county in which are located the burial grounds specified in the trust instrument of the trustor or will of the testator.    (c) The trustee of the fund shall file an annual report in the circuit court of the county in which the burial grounds are located showing the receipts and disbursements from the trust fund.  (d) The provisions of subsections (a)-(c) of this section are in addition to any other laws relating to cemeteries and trust funds.  (e) No rule against perpetuities shall apply to property or funds set aside or trust created for the perpetual care of burial lots in cemeteries.  
 (a) The circuit court of the county may order the removal of the dead from an abandoned cemetery which lies outside the limits of any city of the first class of one hundred thousand (100,000) or more in population.  (b) Notice of the filing of a petition for the removal of the dead from an abandoned cemetery under this section shall be in a newspaper having general circulation in the county where the cemetery is located, and hearing on the petition shall be held not earlier than twenty (20) days following this publication.  (c) Upon the hearing, if the court finds that the cemetery is abandoned as defined in subsection (e) of this section, it shall authorize the removal of the dead to another cemetery for which a permanent maintenance fund has been established as provided in  20-17-1013.  (d) After removal of the dead from a cemetery pursuant to this section, the petitioners shall file with the court a report that the removal has been done, and thereupon the court shall enter an order declaring the cemetery abandoned for cemetery purposes. Upon the entry of the order, the property shall become subject to taxation like other property.  (e) For the purposes of this section, an abandoned cemetery is a cemetery:  (1) For which no permanent maintenance fund as provided in  20-17-1013 has been established;  (2) Which is not suitably maintained and preserved as a cemetery;  (3) In which there have been no interments for a period of fifteen (15) years; and  (4) Which contains at least six (6) permanent grave markers.    
 (a) As used in this section, lot means any lot or portion of a lot in a cemetery owned by a county or municipality which has not been used for the interment of human remains and for which no provision for perpetual care was made at the time the lot was sold or at any time subsequent to the time the lot was sold.  (b) The governing body of any county or municipality or other officials having control over a cemetery may maintain in the circuit court in the county within which the cemetery is located a proceeding for the termination and forfeiture of the rights and interests of an owner of any lot or lots in the cemetery whenever the present owner of the lot is unknown to the governing body of the county or municipality or other officials and a period of at least seventy-five (75) years has passed since any portion of the lot has been used for interment purposes.  (c)  (1) The proceeding shall be commenced by the filing of a verified petition with the clerk of the circuit court.  (2) The petition shall:  (A) Identify the lot or lots;  (B) State that the portion of the lot to be reclaimed has not been used for the interment of human remains and that a core or sound test has been conducted to determine that the portion contains no remains;  (C) State that the present owner of the lot is unknown to the governing body of the county or municipality or other officials having control over the cemetery;  (D) State that a period of at least seventy-five (75) years has passed since any portion of the lot was used for interment purposes; and  (E) Request that the court issue an order declaring the lot abandoned and further declaring all of the rights and interests of the owner terminated and forfeited.    (3) The petition shall be accompanied by an affidavit by the governing body of the county or municipality or other officials that a diligent search to locate the present owner of the lot has been made but that the owner has not been located.    (d) Upon the filing of the petition and affidavit, the clerk of the circuit court shall fix a time for a hearing on the petition not less than thirty (30) days nor more than ninety (90) days after the date of the filing.  (e)  (1) The governing body of the county or municipality or other officials shall give notice of the hearing:  (A) By posting copies of the notice in three (3) conspicuous places in the cemetery which is owned or operated by the governing body or other officials;  (B) By mailing a copy of the notice by registered mail to the last known owner of the lot; and  (C) By publishing the notice one (1) time each week for three (3) successive weeks in some newspaper of general circulation in the county within which the cemetery is located, the first publication being made not less than thirty (30) days before the date of hearing.    (2) The notice shall identify the lot and shall state:  (A) The name and address of the last known owner of the lot;  (B) That a hearing will be held to determine whether or not the present owner of the lot shall have his or her right and interest terminated and forfeited by a declaration of abandonment of the lot; and  (C) The time and place of the hearing.      (f) If upon the hearing the court determines from the evidence presented that the present owner of the lot is unknown, that the governing body or other officials have made a diligent search to locate the present owner, that a period of seventy-five (75) years or more has passed since any portion of the lot has been used for human interment, and that a core or sound test has been conducted to determine that the lot contains no remains, then a decree shall be entered adjudicating the lot, lots, or parts thereof, to have been abandoned and, further, ordering the subsequent termination and forfeiture of all rights and interests of the owner.  (g) The court shall dismiss the proceeding if it determines any of the following from the evidence which is presented:  (1) That any of the material facts stated in the petition are not true;  (2) That the identity of the present owner of the lot is known; or  (3) That the governing body or other official has not made a diligent search to locate the present owner.    (h)  (1) Upon order of the court declaring the lot to be abandoned, the full title to the lot shall revert to the cemetery.  (2) The order of the court shall not become final until one (1) year after the date on which it is entered. During that time, any person may petition the court to reopen the proceeding, and the court, after notice to the governing body or other officials, may reopen the proceeding and may hear and consider any additional evidence regarding the ownership of the lot and may modify or amend the order which it made or, if the court makes any of the determinations under subsection (g) of this section, it shall dismiss the proceeding.  (i) (1) Within thirty (30) days after the date on which the court order is entered, the governing body or other officials shall publish notice of the order:     One (1) time in a newspaper of general circulation in the county in which the cemetery is located; and   By mailing a copy of the order by registered mail to the last known owner of the lot or to the last known owner of the right of interment in the lot.   The date upon which the order of the court will become final.         (2)  The notice which is mailed and published shall identify the lot which is covered by the order and shall state:    (A)  The name and address of the last known owner of the lot;    (B)  That the court has ordered that the lot is to be declared abandoned and that the court has further ordered that the rights and interests of the owner are to be subsequently terminated and forfeited; and    (j)  The lot shall be deemed abandoned, and the rights and interests of the present owner shall be terminated and forfeited as of the date upon which the order of the court becomes final. Thereafter, the cemetery shall be the owner of the lot and may resell or otherwise recover it.    (k)  The proceeds derived from any sale of a lot, the ownership of which is obtained as provided in this section, shall be used as follows:    (1)  First, to reimburse the petitioner for the costs of suit and necessary expenses including attorney's fees incurred by the petitioner in the proceeding; and    (2)  Then, of the remainder of the proceeds:    (A)  Not less than seventy-five percent (75%) shall be held in trust and shall be used only for expenses of administration, maintenance, restoration, preservation, and other improvements of the cemetery; and    (B)  Any amounts remaining thereafter shall be used for immediate improvements and maintenance of the cemetery.    (l)  In no event shall any existing monument, retaining wall, fence, bench, or other ornamentation be altered or removed by the petitioner or his or her agent or employee or by any subsequent owner of a lot reclaimed and sold as provided in this section. 
 (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.    
 (a) A county abandoned cemetery registration board shall have the authority to register abandoned cemeteries within the county as defined in  20-17-905, but only after a petition has been filed pursuant to  20-17-907.  (b) At any time, the board may conduct an examination of a petitioned abandoned cemetery within the county.  (c)  (1) If funds and voluntary manpower are available, the board shall provide for the cleaning of petitioned abandoned cemeteries within the county that meet minimum requirements for maintenance at least one (1) time in the spring and one (1) time in the fall.  (2) Cleaning is intended to remove weeds, debris, and foreign material that degrade the burial site.    (d) The board may post a small sign to inform the public that the abandoned cemetery is under the care of the board.  
 Petitioned abandoned cemeteries that are no more than one (1) acre in size are eligible for minimum maintenance. 
 (a) If a petitioned abandoned cemetery is on private property with no access by the public, the property owner may grant permission to the county abandoned cemetery registration board to enter for maintenance by providing a written statement.  (b) The statement shall be notarized and shall provide a conditional easement to the board for ingress and egress for the purpose of maintenance.  (c) The easement shall be recorded at the county courthouse within sixty (60) days after signing.  
 Minimum maintenance for petitioned abandoned cemeteries may be secured from any source the county abandoned cemetery registration board can obtain, including work-release prisoners. 
 This chapter may be cited as the Vital Statistics Act. 
 As used in this chapter:   (1) Board means the State Board of Health;  (2) Date of filing means the date a vital record is accepted for registration by the Division of Vital Records of the Department of Health;  (3) Dead body means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred;  (4)  (A) Fetal death means death prior to the complete expulsion or extraction from its mother of a product of human conception irrespective of the duration of pregnancy and which is not an induced termination of pregnancy. The death is indicated by the fact that after the expulsion or extraction, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats shall be distinguished from the transient cardiac contractions. Respirations shall be distinguished from fleeting respiratory efforts or gasps.  (B) Induced termination of pregnancy means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant, and which does not result in a live birth, except that this definition excludes management of prolonged retention of products of conception following fetal death.  (C) Spontaneous fetal death, stillbirth, or miscarriage means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy;    (5) File means the presentation and acceptance of a vital record provided for in this chapter for registration by the Division of Vital Records;  (6) Final disposition means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus;  (7) Institution means any establishment, public or private, which provides inpatient or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law;  (8) Live birth means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after the expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats shall be distinguished from transient cardiac contractions. Respirations shall be distinguished from fleeting respiratory efforts or gasps;  (9) Physician means a person authorized or licensed to practice medicine, chiropractic, or osteopathy pursuant to the laws of this state;  (10) Registration means the process by which vital records are completed, filed, and incorporated into the official records of the Division of Vital Records;  (11) State registrar means the State Registrar of Vital Records;  (12) System of vital statistics includes the registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this chapter, and activities related thereto, including the tabulation, analysis, publication, and dissemination of vital statistics;  (13) Vital records means certificates or reports of birth, death, marriage, divorce, or annulment and the data related thereto;  (14) Vital reports means reports of fetal death and induced termination of pregnancy and data related thereto; and  (15) Vital statistics means the data derived from certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, or annulment and related reports but does not mean or include the unintentional destruction of a fetus in performance of the surgical procedure dilation and curettage.  
 The provisions of this chapter also apply to all certificates of birth, death, marriage, divorce, or annulment and to reports of fetal death and induced termination of pregnancy previously received by the Division of Vital Records of the Department of Health and in the custody of the Department of Health. 
 (a) The following persons shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment for not more than five (5) years, or both:  (1) Any person who knowingly makes any false statement in a certificate, record, or report required to be filed under this chapter, or in an application for an amendment thereof or in an application for a certified copy of a vital record or who knowingly supplies false information intending that the information be used in the preparation of any report, record, or certificate, or amendment thereof;  (2) Any person who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required to be filed under this chapter or a certified copy of the certificate, record, or report;  (3) Any person who knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another for any purpose of deception any certificate, record, report, or certified copy thereof so made, counterfeited, altered, amended, or mutilated or which is false in whole or in part or which relates to the birth of another person, whether living or deceased;  (4) Any employee of the Division of Vital Records or any office designated under  20-18-203(b) who knowingly furnishes or processes a certificate of birth or certified copy of a certificate of birth with the knowledge that it be used for the purposes of deception; and  (5) Any person who without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of the certificate, record, or report knowing that it has been stolen or otherwise unlawfully obtained.    (b) The following persons shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both:  (1) Any person who knowingly refuses to provide information required by this chapter or rules adopted pursuant to this chapter;  (2) Any person who knowingly transports or accepts for transportation, interment, or other disposition, a dead body without an accompanying permit as provided in this chapter; or  (3) Any person who knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him or her by this chapter.    
 (a) There is established in the Department of Health a Division of Vital Records which shall install, maintain, and operate the only system of vital statistics throughout this state.  (b) The division shall be provided with sufficient staff, suitable offices, and other resources for the proper administration of the statewide system of vital statistics and for the preservation and security of its official records.  
 The State Board of Health may adopt, amend, and repeal rules for the purpose of carrying out this chapter. All rules adopted under this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. 
 (a) The Secretary of the Department of Health shall appoint the State Registrar of Vital Records.  (b)  (1) The state registrar shall:  (A) Administer and enforce this chapter and the rules issued under this chapter and issue instructions for the efficient administration of the statewide system of vital statistics;  (B) Direct and supervise the statewide system of vital statistics and the Division of Vital Records and be custodian of its records;  (C) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the statewide system of vital statistics;  (D) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics;  (E) Prescribe, with the approval of the State Board of Health, furnish, and distribute forms required by this chapter and the rules issued under this chapter or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate registration;  (F) Prepare and publish in a timely manner annual reports of vital statistics of this state and such other reports as may be required by the board; and  (G) Provide in a timely manner to local health agencies, and for public releases, copies of data derived from certificates and reports required under this chapter, as deemed necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data.    (2) The state registrar may establish or designate additional offices in the state to aid in the efficient administration of the statewide system of vital statistics.  (3) The state registrar may delegate functions and duties vested in him or her to employees of the division and to employees of an office established or designated under subdivision (b)(2) of this section.  (4)  (A) The state registrar shall provide copies of certificates or reports required under this chapter or data derived from such certificates or reports, as deemed necessary, to the Arkansas Center for Health Statistics of the Department of Health for statistical analysis and presentation.  (B) The state registrar shall establish a schedule for the transmittal with the division.  (C) The records or data shall remain the property of the division, and the uses which may be made of the records or data shall be governed by the state registrar.  (D) A schedule for the disposition of the certificates, reports, or data provided under this subdivision (b)(4) shall be established by the state registrar.    (5) To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar may match birth and death certificates, in accordance with rules, which require proof beyond a reasonable doubt of the fact of death and to post the facts of death to the appropriate birth certificate and mark the birth certificate Deceased. Copies issued from birth certificates of deceased persons shall be similarly marked.    
 (a) In order to promote and maintain nationwide uniformity in the system of vital statistics, the forms of certificates, reports, and records required by this chapter or by rules adopted under this chapter shall include as a minimum the items recommended by the federal agency responsible for national vital statistics.  (b) Each certificate, report, record, and form required by this chapter shall be prepared in the format approved by the State Registrar of Vital Records.  (c) All vital records and reports shall contain the date of filing.  (d) Information required in certificates, reports, records, or forms authorized by this chapter may be filed, verified, registered, and stored by photographic, electronic, or other means as prescribed by the state registrar.  
 (a)  (1) Every person in charge of an institution as defined in this chapter shall keep a record of personal data concerning each person admitted or confined to the institution.  (2) The record shall include such information as required by the certificates of birth and death and the reports of fetal death and induced termination of pregnancy forms required by this chapter.  (3) The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.    (b) When a dead body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, date of death, name and address of the person to whom the dead body or fetus is released, and date of removal from the institution or if finally disposed of by the institution, the date, place, and manner of disposition shall be recorded.  (c) A funeral director, embalmer, sexton, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other report required by this chapter or rules promulgated under this chapter, shall keep a record which shall identify the dead body, and such information pertaining to the receipt, removal, and delivery of the dead body as may be required in rules adopted by the State Board of Health.  (d) Records maintained under this section shall be retained for a period of not less than one (1) year and shall be made available for inspection by the State Registrar of Vital Records or his or her representative upon demand.  
 (a) Any person having knowledge of the facts shall furnish such information as he or she may possess regarding any birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, divorce, or annulment upon demand of the State Registrar of Vital Records.  (b) Any person or institution that in good faith provides information required by this chapter or rules promulgated under this chapter shall not be subject to any action for damages.  (c) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution shall send to the Division of Vital Records a list showing all births and deaths occurring in that institution during the preceding month. The lists shall be on forms approved by the state registrar.  (d) Not later than the tenth day of the month following the month of occurrence, each funeral director shall send to the division a list showing all dead bodies embalmed or otherwise prepared for final disposition or dead bodies finally disposed of by the funeral director during the preceding month. The list shall be made on forms provided by the state registrar.  
 (a) To protect the integrity of vital records and vital reports, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics, it shall be unlawful for any person to permit inspection of or to disclose information contained in vital records or vital reports or to copy or issue a copy of all or part of any vital record or vital report except as authorized by this chapter and by rule or by order of a court of competent jurisdiction.  (b)  (1) The State Board of Health may authorize by rule the disclosure of information contained in vital records for research purposes.  (2) The rules shall provide for adequate standards of security and confidentiality of vital records and vital reports.  (3)  (A) Disclosure of information which may identify any person or institution named in any vital record or vital report may be made only pursuant to rules which require submission of written requests for information by researchers and execution of agreements that protect the confidentiality of the information provided.  (B) The agreements shall prohibit the release by the researcher of any information that might identify any person or institution other than releases that may be provided for in the agreement.    (4) Nothing in this section prohibits the release of information or data which would not identify any person or institution named in a vital record or vital report.    (c)  (1) Appeals from decisions of custodians of vital records or vital reports designated under  20-18-203(b) who refuse to disclose information from vital records or vital reports as prescribed by this section and the rules issued under this section shall be made to the State Registrar of Vital Records, whose decision shall be binding upon such custodians.  (2) Within three (3) working days of the receipt of an appeal of a decision of a custodian of a vital record or vital report designated under  20-18-203(b), the state registrar shall issue a decision on the appeal.    (d)  (1) The state registrar shall send to the county assessor of each county within this state a monthly report listing the residents of that county who have died.  (2) The report shall be sent to each county assessor by email.    
 In accordance with  20-18-304 and the rules adopted pursuant to  20-18-304:   (1)  (A) The State Registrar of Vital Records and other custodians of vital records designated by the state registrar under  20-18-203(b)(2) shall upon receipt of written application issue a certified copy of a vital record in their custody or a part thereof to the registrant, his or her spouse, child, parent, or guardian or his or her respective authorized designated representative.  (B) A requester as defined in  9-9-801 is authorized to obtain a certified copy of an adoptee's original certificate of birth.  (C) Others may be authorized to obtain certified copies when they demonstrate that the vital record is needed for the determination or protection of their personal or property rights.  (D) The State Board of Health may adopt rules to further define those who may obtain copies of vital records filed under this chapter;    (2) All forms and procedures used in the issuance of certified copies of vital records in the state shall be uniform and approved by the state registrar. All certified copies issued shall have security features that deter persons from altering, counterfeiting, duplicating, or simulating the document;  (3) Each copy or abstract issued shall show the date of registration and copies or abstracts issued from records marked Delayed, Amended, or Certificate of Foreign Birth shall be similarly marked and show the effective date;  (4) A certified copy or other copy of a death certificate containing cause-of-death information shall not be issued except as follows:  (A) Upon specific request of a spouse, child, parent, or other next of kin of the decedent or an authorized representative;  (B) When a documented need for the cause of death to establish a legal right or claim has been demonstrated;  (C) When the request for the copy is made by or on the behalf of an organization that provides benefits to the decedent's survivors or beneficiaries;  (D) Upon specific request by local, state, or federal agencies for research or administrative purposes approved by the state registrar;  (E) When needed for research activities approved by the state registrar; or  (F) Upon receipt of an order from a court of competent jurisdiction ordering the release;    (5) A certified copy of a vital record or any part thereof issued in accordance with subdivision (1) of this section shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein, provided that the evidentiary value of a certificate or vital record filed more than one (1) year after the event, or a vital record which has been amended, or a certificate of foreign birth shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence;  (6) The federal agency responsible for national vital statistics may be furnished such copies or data from the system of vital statistics as it may require for national statistics. The state registrar shall enter into an agreement with the federal agency that specifies the statistical or research purposes for which the records, reports, or data may be used. The agreement shall also set forth the support to be provided by the federal agency for the collection, processing, and transmission of such records, reports, or data. Upon written request of the federal agency, the state registrar may approve in writing additional statistical or research uses of the records, reports, or data supplied under the agreement;  (7) Upon request, federal, state, local, and other public government agencies may be furnished copies of records, reports, or data, provided that the copies or data shall be used solely in the conduct of their official duties;  (8)  (A)  (i) By agreement, the state registrar may transmit copies of records and other reports required by this chapter to offices of vital statistics outside this state when the records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions.  (ii) The agreement shall require that the transcripts be used for statistical and administrative purposes only as specified in the agreement.  (iii) The agreement shall provide instruction for the proper retention and disposition of copies.    (B) Copies received from other jurisdictions by the Division of Vital Records shall be handled in the same manner as prescribed in this subdivision (8);    (9) When one hundred (100) years have elapsed after the date of birth or fifty (50) years have elapsed after the date of death, marriage, divorce, or annulment, the records of these events in the custody of the state registrar shall become available to the public without restriction, in accordance with rules which shall provide for the continued safekeeping of the records;  (10) Nothing in this section shall be construed to permit disclosure of information contained in the Information for Medical and Health Use Only section of the birth certificate or the Information for Statistical Purposes Only section of the certificate of marriage or certificate of divorce or annulment, unless specifically authorized by the state registrar for statistical or research purposes;  (11) No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a vital record except as authorized in this chapter or rules adopted pursuant to this chapter; and  (12) When the state registrar receives information that a certificate may have been registered through fraud or misrepresentation, he or she shall withhold issuance of any copy of that certificate pending an administrative hearing to determine whether fraud or misrepresentation has occurred. The state registrar shall offer the registrant or the registrant's authorized representative notice and opportunity to be heard. If upon conclusion of the hearing no fraud or misrepresentation is found, copies may be issued. If upon conclusion of the hearing, fraud or misrepresentation is found, the state registrar shall remove the certificate from the file. The certificate and evidence shall be retained but shall not be subject to inspection or copying, except upon order of a court of competent jurisdiction or by the state registrar for purposes of administering the vital statistics program.  
 (a) All fees for certified copies of vital records or vital reports under this chapter are listed in  20-7-123.  (b)  (1) However, certified copies of the records shall be furnished to veterans or their dependents without costs when the Department of Veterans Affairs requires certified copies of the records.  (2) Any veteran or his or her dependents shall make application and shall execute an unnotarized affidavit that he or she is a veteran or a dependent of a veteran in order to obtain the free certified copy of any vital record.  (3) Any person who falsely or fraudulently makes an application and unnotarized affidavit that he or she is a veteran or a dependent of a veteran when the person is not a veteran or a dependent of a veteran shall be guilty of a misdemeanor. Upon conviction, the person shall be subject to a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) or imprisonment for not less than thirty (30) days nor more than six (6) months, or both fine and imprisonment.    
 (a) A certificate, vital report, or vital record registered under this chapter may be amended only in accordance with this chapter and rules adopted by the State Board of Health to protect the integrity and accuracy of vital records and vital reports.  (b)  (1) A certificate, vital report, or vital record that is amended under this section shall be marked Amended. The date of amendment, the identity of the person making the amendment, and a summary description of the evidence submitted in support of the amendment shall be made a part of the vital record or vital report.  (2) The board shall prescribe by rule the conditions under which additions or minor corrections may be made to certificates or vital records within one (1) year after the date of the event without the certificate's or vital record's being considered as amended.    (c) Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of the person or his or her parents, guardian or legal representative, the State Registrar of Vital Records shall amend the certificate of birth to show the new name.  (d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that the individual's name has been changed, the certificate of birth of the individual shall be amended accordingly.  (e) When an applicant does not submit the minimum documentation required in the rules for amending a vital record or when the state registrar has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action. The state registrar shall advise the applicant of his or her right of appeal to a court of competent jurisdiction.  (f) When a certificate or record is amended under this section by the state registrar, the state registrar shall report the amendment to any other custodian of the vital record, and the vital record shall be amended accordingly.  (g) When an amendment is made to a certificate of marriage, divorce, or annulment by the local official issuing the marriage license or the court entering the decree of divorce or annulment, copies of the amendment shall be forwarded to the state registrar.  
 (a) To preserve vital records, the State Registrar of Vital Records may prepare typewritten, photographic, electronic, or other reproductions of original records and files in the Division of Vital Records.  (b) When verified and approved by the state registrar, the reproductions shall be accepted as the original records.  (c) The documents from which permanent reproductions have been made may be disposed of as provided by rule.  
 (a) A certificate of birth for each live birth which occurs in this state shall be filed with the Division of Vital Records of the Department of Health, or as otherwise directed by the State Registrar of Vital Records, within ten (10) days after the birth and shall be registered if it has been completed and filed in accordance with this section.  (b) When a birth occurs in an institution or en route thereto, the person in charge of the institution or his or her authorized designee shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place, time, and date stated on the certificate either by signature or in an approved electronic process, and file the certificate as directed in subsection (a) of this section. The physician or other person in attendance shall provide the medical information required by the certificate within seventy-two (72) hours after the birth.  (c) When a birth occurs outside an institution:  (1) The certificate shall be prepared and filed by one (1) of the following in the indicated order of priority:  (A) The physician in attendance at or immediately after the birth, or in the absence of such a person;  (B) Any other person in attendance at or immediately after the birth, or in the absence of such a person; or  (C) The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; and    (2) The division shall determine what evidence may be required to establish the fact of birth.    (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state, but the certificate shall show the actual place of birth insofar as can be determined.  (e) For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. The information about the father shall be entered as provided in subsection (f) of this section.  (f)  (1) If the mother was married at the time of either conception or birth or between conception and birth the name of the husband shall be entered on the certificate as the father of the child, unless:  (A) Paternity has been determined otherwise by a court of competent jurisdiction; or  (B) The mother executes an affidavit attesting that the husband is not the father and that the putative father is the father, and the putative father executes an affidavit attesting that he is the father and the husband executes an affidavit attesting that he is not the father. Affidavits may be joint or individual or a combination thereof, and each signature shall be individually notarized. In such event, the putative father shall be shown as the father on the certificate and the parents may give the child any surname they choose.    (2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate of birth without an affidavit of paternity signed by the mother and the person to be named as the father. The parents may give the child any surname they choose.  (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.  (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.    (g) Either of the parents of the child or other informant shall verify by signature or electronic process the accuracy of the personal data to be entered on the certificate in time to permit the filing of the certificate within the ten (10) days prescribed in this section.  (h) Certificates of birth filed after ten (10) days but within one (1) year from the date of birth shall be registered on the standard form of live birth certificate in the manner prescribed in this section. Such certificates shall not be marked Delayed. The state registrar may require additional evidence in support of the facts of birth.  
 (a) When the certificate of birth of a person born in the state has not been filed within one (1) year, a delayed certificate of birth may be filed in accordance with rules of the State Board of Health. No delayed certificate shall be registered until the evidentiary requirements as specified in rules have been met.  (b) The birth shall be registered on a delayed certificate of birth form and the form shall show on its face the date of registration. The delayed certificate shall contain a summary statement of the evidence submitted in support of the delayed registration.  (c) No delayed certificate of birth shall be registered for a deceased person.  (d)  (1) When an applicant does not submit the minimum documentation required in the rules for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence and, if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant of the reasons for this action. The state registrar shall further advise the applicant of his or her right of appeal to a court of competent jurisdiction.  (2) The board may by rule provide for the dismissal of an application which is not actively prosecuted.    
 (a) If the State Registrar of Vital Records refuses to file a certificate of birth under  20-18-401 or  20-18-402, a petition may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.  (b) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:  (1) That the person for whom a delayed certificate of birth is sought was born in this state;  (2) That no certificate of birth of the person can be found in the Division of Vital Records;  (3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with  20-18-401 or  20-18-402 and rules adopted pursuant to  20-18-401 or  20-18-402;  (4) That the state registrar has refused to file a certificate of birth; and  (5) Such other allegations as may be required.    (c) The petition shall be accompanied by a statement of the state registrar made in accordance with  20-18-401 or  20-18-402 and all documentary evidence which was submitted to the state registrar in support of the registration.  (d) The court shall fix a time and place for hearing the petition and shall give the state registrar ten (10) days' notice of the hearing. The state registrar or his or her authorized representative may appear and testify in the proceeding.  (e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in the state, the court shall make findings as to the place and date of birth, parentage, and other findings as the case may require and shall issue an order on a form prescribed and furnished or approved by the state registrar to establish a court-ordered certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action.  (f) The clerk of court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the court-ordered certificate of birth.  
 (a) Whoever assumes the custody of a live-born infant of unknown parentage shall report on a form and in a manner prescribed by the State Registrar of Vital Records within ten (10) days to the Division of Vital Records the following information:  (1) The date and city or county, or both, of finding;  (2) Sex and approximate birth date of child;  (3) Name and address of the person or institution with whom the child has been placed for care;  (4) Name given to the child by the custodian of the child; and  (5) Other data required by the state registrar.    (b) The place where the child was found shall be entered as the place of birth.  (c) A report registered under this section shall constitute the certificate of birth for the child.  (d) If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule.  
 (a) The State Registrar of Vital Records shall establish a new certificate of birth for a person born in this state when he or she receives the following:  (1) A certificate of adoption as provided in  9-9-219, or a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. However, a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person; or  (2) A request that a new certificate be established and any evidence, as required by rule, proving that the person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person or that both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate.    (b) When a new certificate of birth is established, the actual city or county, or both, and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination, or legitimation shall not be subject to inspection except upon order of an Arkansas court of competent jurisdiction or as provided by rule or under  9-9-803.  (c) Upon receipt of a report of an amended certificate of adoption, the certificate of birth shall be amended as provided by rule.  (d) Upon receipt of a report of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule.  (e) Upon written request of both parents and receipt of a sworn acknowledgment of paternity signed by both parents of a child born out of wedlock, the state registrar shall reflect paternity on the certificate of birth in the manner prescribed by rule if paternity is not already shown on the certificate of birth.  (f)  (1) Upon request, the state registrar shall prepare and register an Arkansas certificate of birth for a person born in a foreign country, who is not a citizen of the United States, and for whom a final order of adoption has been entered in a court of competent jurisdiction in Arkansas when he or she receives the following:  (A) A certificate of adoption as provided in  9-9-219;  (B) Proof of the date and place of the adopted child's birth; and  (C) A request by the court decreeing the adoption, the adoptive parents, or the adopted person if eighteen (18) years of age or older.    (2) After preparation of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the certificate of adoption. This certificate shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule or as otherwise provided by state law.  (3) The birth certificate shall show the actual foreign country of birth and shall state that the certificate is not evidence of United States citizenship for the child for whom it is issued.    (g) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in  20-18-402 or  20-18-403 before a new certificate of birth is established. The new certificate of birth shall be prepared on the delayed birth certificate form.  (h) When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar as he or she shall direct.  
 (a) Social Security account information of parents of a child born within this state shall be furnished to the Division of Vital Records of the Department of Health at the time of filing the certificate of birth, but such information shall not appear on the certificate.  (b) The Division of Vital Records shall make available the records of parent name and Social Security number to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for its use in the establishment of paternity or the enforcement of child support orders through electronic transfer mechanism. Such a disclosure shall constitute an exception to the prohibitions within  20-18-304.  (c) Information obtained by the office pursuant to this section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation.  
 Upon the birth of a child to a woman who was unmarried at the time of either conception or birth or between conception and birth, the person responsible under  20-18-401 for providing birth registration information shall:   (1) Provide an opportunity for the child's mother and natural father to complete an affidavit acknowledging paternity, to include such information as is required by the court to establish paternity and establish a child support obligation and to be filed with the Division of Vital Records;  (2) Provide written information, furnished by the Office of Child Support Enforcement, to the child's mother and natural father explaining the implications of signing an affidavit of paternity and parental rights and responsibilities; and  (3) Provide written information, furnished by the office, to the child's mother regarding the benefits of having her child's paternity established and the availability of paternity establishment services, including a request for child support enforcement services.  
 (a) The hospital, birthing center, certified nurse practitioner, or licensed midwife shall make available to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration completed affidavits of paternity. Such a disclosure shall constitute an exception to the general prohibition under  20-18-304.  (b) Information obtained by the office pursuant to this section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation or collecting the child support obligation.  (c)  (1)  (A) The Division of Children and Family Services of the Department of Human Services may obtain a certified copy of a completed affidavit of paternity from the Division of Vital Records of the Department of Health.  (B) The disclosure of the affidavit is exempted under  20-18-304.    (2) Information obtained by the Division of Children and Family Services of the Department of Human Services under subdivision (c)(1)(A) of this section may be used in an action before a circuit court for the purpose of identifying a parent in a dependency-neglect proceeding under  9-27-303.    
 (a) As used in this section:  (1) Certificate of birth resulting in stillbirth means a birth certificate issued to record the birth of a stillborn child; and  (2) Stillbirth means an unintended, intrauterine fetal death occurring in this state after a gestational age of not less than twelve (12) completed weeks.    (b) A person who is required to file a fetal death certificate under  20-18-603 shall advise the parent or parents of a stillborn child:  (1) That a parent may but is not required to request the preparation of a certificate of birth resulting in stillbirth;  (2) That a parent may obtain a certificate of birth resulting in stillbirth by contacting the Division of Vital Records to request the certificate and paying the required fee; and  (3) Regarding the way in which a parent may contact the division to request the certificate of birth resulting in stillbirth.    (c)  (1) If a parent requests that a certificate of birth resulting in stillbirth be prepared, the parent may provide a name for a stillborn child to be included on the certificate of birth resulting in stillbirth.  (2) If the requesting parent does not wish to provide a name, the division shall fill in the certificate with the name baby boy or baby girl and the last name of the requesting parent.  (3) The name of the stillborn child provided on or later added by amendment to the certificate of birth resulting in stillbirth shall be the same name as appears on the original or amended fetal death certificate.    (d) A certificate of birth resulting in stillbirth shall include the state file number of the corresponding fetal death certificate.  (e) The division shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate.  (f) The division shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics.  (g) If a fetal death certificate was issued for a stillbirth, a parent may request that the division issue a certificate of birth resulting in stillbirth without regard to the date on which the fetal death certificate was issued.  (h) The division shall prescribe the form and content of a certificate of birth resulting in stillbirth.  (i) A parent may request the division to prepare and issue a certificate of birth resulting in stillbirth without regard to whether the fetal death occurred on or before July 31, 2007.  
 (a) A record of each marriage performed in this state shall be filed with the Division of Vital Records and shall be registered if it has been completed and filed in accordance with this section.  (b) The official who issues the marriage license shall prepare the record on the form prescribed by the State Registrar of Vital Records upon the basis of information obtained from one (1) of the parties to be married.  (c) Every person who performs a marriage shall certify the fact of marriage and return the record to the official who issued the license within fifteen (15) days after the ceremony.  (d) Every official issuing marriage licenses shall complete and forward to the division on or before the thirtieth day of each calendar month the records of marriages filed with him or her during the preceding calendar month.  (e) A marriage record not filed within the time prescribed by statute may be registered in accordance with rules promulgated by the State Board of Health.  
 (a)  (1) For each divorce or annulment granted by any court in this state, a record shall be filed by the clerk of court with the Division of Vital Records and shall be registered if it has been completed and filed in accordance with this section.  (2) The record shall be prepared on a form prescribed and furnished by the State Registrar of Vital Records by the petitioner or his or her legal representative and shall be presented to the clerk of court with the petition.  (3) In all cases, the completed record shall be a prerequisite to the entry of the decree.    (b) The clerk of court shall complete and forward to the division on or before the thirtieth day of each calendar month the records of each divorce or annulment filed with him or her during the preceding calendar month.  
 (a)  (1) A death certificate for each death that occurs in this state shall be filed with the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records within ten (10) days after the death or the finding of a dead body and shall be registered if the death certificate has been completed and filed in accordance with this section.  (2) A fact-of-death record for each death that occurs in this state shall be filed with the division within three (3) calendar days after the death or the finding of a dead body.  (3)  (A) If the place of death is unknown but the dead body is found in this state, the death certificate shall be completed and filed in accordance with this section.  (B) The place where the dead body is found shall be shown as the place of death.  (C)  (i) If the date of death is unknown, it shall be determined by approximation.  (ii) If the date cannot be determined by approximation, the date found shall be entered and identified as such.      (4)  (A) If a death occurs in a moving conveyance in the United States and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, and the place where the dead body is first removed shall be considered the place of death.  (B) If a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, but the certificate shall show the actual place of death insofar as the place of death can be determined.  (C) In all other cases, the place where death is pronounced shall be considered the place where death occurred.      (b) The funeral director or the person acting as the funeral director who first assumes custody of the dead body shall:  (1) File the death certificate and fact-of-death record;  (2) Obtain the personal data from the next of kin or the best qualified person or source available;  (3) Obtain the medical certification from the person responsible for the medical certification, as set forth in subsection (c) of this section; and  (4) Provide a death certificate that contains sufficient information to identify the decedent to the certifier.    (c)  (1)  (A)  (i) The medical certification shall be completed, signed, and returned to the funeral director within three (3) business days after receipt of the death certificate by the physician in charge of the patient's care for the illness or condition that resulted in death, except when inquiry is required by  12-12-315,  12-12-318, or  14-15-301 et seq.  (ii) Except as provided in subsection (i) of this section, a medical certification shall be completed using the electronic process or system designated by the division.    (B)  (i) In the absence of the physician or with his or her approval, the certificate may be completed and signed by his or her associate physician, by the chief medical officer of the institution in which death occurred, by the pathologist who performed an autopsy upon the decedent, or by a registered nurse as provided in this subsection, if the individual has access to the medical history of the case and has reviewed the coroner's report, if required, and if the death is due to natural causes.  (ii) The individual completing the cause-of-death section of the certificate shall attest to its accuracy either by a signature as authorized under subsection (i) of this section or by approved electronic process.      (2)  (A) The Arkansas State Medical Board shall enforce by rule subdivision (c)(1) of this section concerning the time period in which the medical certification shall be executed.  (B)  (i) If a physician refuses or otherwise fails to complete, sign, and return the medical certification to the funeral director within three (3) business days as required by subdivision (c)(1) of this section, the funeral director may notify the board of the failure to complete, sign, or return the medical certification within three (3) business days as required by subdivision (c)(1) of this section.  (ii) The board shall assess against a physician described in subdivision (c)(2)(B)(i) of this section a fine not to exceed two hundred fifty dollars ($250) unless the physician shows good cause for the refusal or failure.      (3) A registered nurse employed by the attending hospice may complete and sign the medical certification of death and pronounce death for a patient who is terminally ill, whose death is anticipated, who is receiving services from a hospice program certified under  20-7-117, and who dies in a hospice inpatient program or as a hospice patient in a nursing home or hospital.  (4)  (A) If the hospice patient dies in the home, the registered nurse may make pronouncement of death.  (B) However, the coroner and the chief law enforcement official of the county or municipality where death occurred shall be immediately notified in accordance with  12-12-315.    (5)  (A) The Department of Health shall provide hospitals, nursing homes, and hospices with the appropriate death certificate forms, which will be made available to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section.  (B) When death occurs outside these health facilities, the funeral home shall provide the death certificate to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section.      (d)  (1) If the cause of death appears to be other than the illness or condition for which the deceased was being treated or if inquiry is required by either of the laws referred to in subsection (c) of this section, the case shall be referred to the office of the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found for investigation to determine and certify the cause of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section.  (2) If the State Medical Examiner or county coroner determines that the case does not fall within his or her jurisdiction, he or she shall within twenty-four (24) hours refer the case back to the physician for completion of the medical certification.    (e)  (1) When inquiry is required by either of the laws referred to in subsection (c) of this section, the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found shall determine the cause of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case.  (2) A medical certification completed and signed by the State Medical Examiner or coroner shall be completed using an approved electronic process or system or another process designated by the division under subsection (i) of this section.    (f)  (1) If the cause of death cannot be determined within the time periods under subsection (c) or subsection (e) of this section, the medical certification shall be completed as provided by rule.  (2) The attending physician, State Medical Examiner, or county coroner shall give the funeral director or person acting as the funeral director notice of the reason for the delay, and final disposition of the dead body shall not be made until authorized by the attending physician or State Medical Examiner or county coroner.    (g) When a death is presumed to have occurred within this state but the dead body cannot be located, a death certificate may be prepared by the state registrar only upon receipt of an order of a court of competent jurisdiction, which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked Presumptive and shall show on its face the date of death as determined by the court and the date of registration and shall identify the court and the date of the decree.  (h) Upon receipt of autopsy results or other information that would change the information in the cause-of-death section of the death certificate from that originally reported, the certifier immediately shall file a supplemental report of cause of death with the division in order to amend the record.  (i) (1) Upon request, the department may grant a waiver from the requirement of subdivision (c)(1)(A)(ii) of this section that a medical certification be completed using an electronic process or system if a person requesting the waiver:  (A) Lacks reliable internet connectivity sufficient to ensure access and secure submission to the electronic system;  (B) Has not received requested training or technical assistance from the division on the use of the system and correct submission procedure;  (C) Regularly signs fewer than five (5) medical certifications per month; or  (D) Shows other good cause for a waiver as determined by the department in its discretion.         (2)  A physician who is granted a waiver under subdivision (i)(1) of this section:    (A)  Shall not be fined under subdivision (c)(2)(B) of this section for failure to submit medical certification using an electronic process or system; and    (B)  Is liable for failure to submit a medical certification in a timely manner under subdivision (c)(1)(A)(i) of this section. 
 (a) When a death occurring in this state has not been registered within the time period prescribed by  20-18-601, a certificate may be filed in accordance with rules promulgated by the State Board of Health. The certificates shall be registered subject to such evidentiary requirements as the board shall by rule prescribe to substantiate the alleged facts of death.  (b) When an applicant does not submit the minimum documentation required by rule for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of death and shall advise the applicant of the reasons for this action and further advise the applicant of his or her right to appeal to a court of competent jurisdiction.  (c) Certificates of death registered one (1) year or more after the date of death shall be marked Delayed and shall show on their face the date of the delayed registration.  
 (a)  (1)  (A)  (i) A fetal death, when the fetus completed twelve (12) weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, that occurs in this state shall be reported within five (5) days after delivery to the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records.  (ii) An induced termination of pregnancy shall be reported in the manner prescribed in subsection (b) of this section and shall not be reported as a fetal death.    (B) When a dead fetus is delivered in an institution, the person in charge of the institution or his or her designated representative shall prepare and file the fetal death certificate.  (C) When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the fetal death certificate.  (D) When a fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery, or when inquiry is required by  12-12-301 et seq. or  14-15-301 et seq. or otherwise provided by law, the State Medical Examiner or coroner shall investigate the cause of fetal death and shall prepare and file the report within five (5) days.  (E)  (i) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state.  (ii) The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death.      (2) Spontaneous fetal deaths when the fetus has completed less than twelve (12) weeks of gestation shall be reported as prescribed in subsection (b) of this section.    (b)  (1) Each induced termination of pregnancy which occurs in this state regardless of the length of gestation shall be reported to the division within five (5) days by the person in charge of the institution in which the induced termination of pregnancy was performed.  (2) If the induced termination of pregnancy was performed outside an institution, the attending physician shall prepare and file the report.    (c)  (1)  (A) The reports required under this section are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics.  (B) A schedule for the disposition of these reports shall be provided for by rule.    (2) Reports required under this section shall not include the name or other personal identification of the individual having an induced or spontaneous termination of pregnancy.    
 (a) The funeral director or the person acting as the funeral director who first assumes custody of a dead body shall obtain authorization for final disposition of the dead body as provided in the rules.  (b) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parents authorization for final disposition on a form prescribed by the State Registrar of Vital Records.  (c) With the consent of the physician or State Medical Examiner or county coroner, who is to certify the cause of death, a dead body may be moved from the place of death for the purpose of being prepared for final disposition.  (d) An authorization for final disposition issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the dead body or fetus in this state.  (e) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. The authorization shall be issued by the state registrar to a licensed funeral director or person acting as such upon proper application.  
 As used in this subchapter:   (1) Child means a person under eighteen (18) years of age for whom paternity has not been established;  (2) Court means a court in this state or another state or territory of the United States of competent subject matter jurisdiction;  (3) [Repealed.]  (4) Father means the biological male parent of a child;  (5) Putative father means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child;  (6) Registrant means a person who has registered pursuant to this subchapter and who is claiming to be the father of a child;  (7) Registry means the Putative Father Registry; and  (8) Rules means rules promulgated by the Department of Health for the purpose of implementing this subchapter.  
 (a)  (1) There is established in the Department of Health a Putative Father Registry.  (2) The purpose of the registry is to entitle putative fathers to notice of legal proceedings pertaining to the child for whom the putative father has registered.  (3) A putative father shall establish a significant custodial, personal, or financial relationship with the child before the putative father's rights attach.    (b)  (1) Upon receipt of a written statement signed and acknowledged by the registrant before a notary public, the registry shall record the following information:  (A) The name, address, and Social Security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court;  (B) The name, last known address, and Social Security number, if known, of the mother of the child;  (C) The name of the child, if born, and the location and date of birth, if known; and  (D) The date and time of receipt, which the department shall note on the written statement signed and acknowledged by the registrant.    (2)  (A) The department shall provide a form to be used by the registrant.  (B) There shall be no fee required of the registrant to file the affidavit.      (c) The registry may accept the information before the birth of the child or at any time before the filing of a petition for adoption.  (d) The registry shall forward a copy of the information to the mother as notification that the person has registered with the registry.  (e) The registry shall maintain cross-reference indices by the name of the mother and the name of the child, if known.  
 (a) Information supplied to the Putative Father Registry may be revoked by a written statement, signed and acknowledged by the registrant before a notary public.  (b) The statement shall include a declaration that, to the best of the registrant's knowledge and belief, he is not the father of the named child or that a court has adjudicated paternity and someone other than the registrant has been determined to be the father of the child.  (c) Revocation shall be effective only after the birth of the child.  
 (a) The Department of Health shall make available to attorneys the telephone number of the Putative Father Registry for purposes of inquiry as to a putative father's name and address contained in the registry.  (b) Information contained in the registry shall be admissible in any court proceeding in any court in this state.  (c) Upon receipt of a written request by the registrant, the mother, or the child, or pursuant to any request of the department, the Office of Child Support Enforcement, or of a prosecuting attorney or an attorney acting on behalf of his or her client in litigation involving the determination of paternity or support for the child or an adoption of the child, the department shall furnish a certified copy of the registry information for a named putative father, natural mother, or child.  (d) Upon request, the department shall furnish through electronic data exchange or otherwise a copy of the registry to the office for use in establishing paternity and support obligations.  (e) Otherwise, registry information shall be considered confidential and may not be disclosed. Registry information shall not be subject to the Freedom of Information Act of 1967,  25-19-101 et seq.  
 Any person who knowingly registers as a putative father pursuant to this subchapter when the registrant knows that he is not the biological father of the child shall upon conviction be guilty of a Class C misdemeanor. 
 (a) The General Assembly finds and declares that humane societies for the prevention of cruelty to animals organized under the laws of this state now or hereinafter in effect are public organizations necessary to protect the health, safety, and general welfare of the citizenry of this state and are discharging a government function.  (b) The General Assembly finds and declares that the appropriation of public funds for the use of humane societies in the maintenance and operation of shelters for stray, diseased, neglected, and other animals and in the protection of the public from disease among such animals is a public use of the funds in the discharge of a government function.  
 (a)  (1) As used in this section, domesticated animals includes, but is not limited to, sheep, goats, cattle, swine, and poultry.  (2) A person owning or having in possession or under control a dog is liable for damages to the owner or owners of a domesticated animal killed or injured by the dog for the full value of the domesticated animal killed or injured.    (b)  (1) A person engaged in raising domesticated animals or owning domesticated animals who sustains a loss or damage to any of his or her domesticated animals by a dog has a right of action against the owner, possessor, or controller of the dog.  (2) A person knowing that a dog has killed or is about to catch, injure, or kill a domesticated animal has the right to kill the dog, without liability to the owner of the dog.    (c) The person sustaining loss or damage under subsection (b) of this section and desiring remuneration may go before the circuit court or district court having jurisdiction where the loss or damage occurred and allege the loss or damage sustained, the value of the loss or damage, and the identity of the dog and the dog's owner, possessor, or controller by filing a complaint with the circuit court or district court having jurisdiction as permitted by the Arkansas Rules of Civil Procedure, which under the rules may issue a summons to the defendant to appear in the circuit court or district court having jurisdiction and answer the allegations.  
 (a) It shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release any dog or cat which has not been sterilized to a new owner except as provided in subsection (b) of this section.  (b)  (1) In any county in the state, it shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release to a new owner any dog or cat over three (3) months of age which has not been sterilized except as provided in subdivision (b)(2) of this section.  (2)  (A) An animal which in the opinion of a veterinarian licensed to practice veterinary medicine in the State of Arkansas is medically compromised to the extent that it cannot withstand immediate sterilization may be temporarily released pursuant to a foster care agreement until such time as it can safely be sterilized or until two (2) veterinarians licensed to practice veterinary medicine in the State of Arkansas certify that it is unlikely that the animal will ever recover to the extent that it can be safely sterilized.  (B)  (i) At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding.  (ii) An owner who violates the agreement shall be subject to the penalties set forth in subsection (c) of this section.        (c) Violations of this section are declared to be misdemeanors punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).  
 (a) The Department of Health shall establish a voluntary certification program for animal control officers, animal shelters, and other humane society counterparts.  (b) The certification shall be based upon courses recommended by the National Animal Care and Control Association or its equivalent.  (c) Certification of animal shelters shall be based upon compliance with shelter standards published by the Humane Society of the United States.  (d) Training shall be administered by the Arkansas State Animal Control Association in cooperation with the department and utilizing qualified experts, including, but not limited to, licensed veterinarians and persons holding professional registrations or certifications in the appropriate areas of expertise.  
 This subchapter shall be known as the Rabies Control Act. 
 As used in this subchapter:   (1) Animal means any animal other than dogs or cats that may be affected by rabies;  (2) Cats means any domestic feline animal, species Felis catus;  (3) Dogs means any domestic canine animal, species Canis lupus familiaris;  (4) Has been bitten means the skin has been penetrated by an animal's teeth and saliva has contacted a break or abrasion of the skin;  (5) Owner means any person who:  (A) Has a right of property in a dog, cat, or other animal;  (B) Keeps, harbors, cares for, or acts as the custodian of a dog, cat, or other animal; or  (C) Knowingly permits a dog, cat, or other animal to remain on or about any premises occupied by him or her; and    (6) Vaccination against rabies means the injection, subcutaneously or otherwise, of antirabic vaccine, as approved by the United States Department of Agriculture or the State Board of Health and administered by a licensed veterinarian or agent of the Department of Health.  
 (a) This subchapter does not limit in any manner the power of any municipality or political subdivision to prohibit dogs, cats, or other animals from running at large whether or not they have been vaccinated against rabies as provided in this subchapter.  (b) This subchapter does not limit in any manner the power of any municipality or other political subdivision to further control and regulate dogs, cats, or other animals in such municipality or political subdivision.  
 (a)  (1) A person shall be guilty of a violation for:  (A) Violating or aiding in or abetting the violation of any provision of this subchapter;  (B) Making a misrepresentation in regard to any matter prescribed by this subchapter;  (C) Resisting, obstructing, or impeding any authorized officer in enforcing this subchapter; or  (D) Refusing to produce for inoculation against rabies any dog or cat in his or her possession.    (2) Upon conviction, the person shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.    (b) Any dog or cat termed a stray that is not vaccinated against rabies is subject to destruction.  (c)  (1) Any officers failing, refusing, or neglecting to carry out the provisions of this subchapter shall be guilty of a violation.  (2) Upon conviction, the officer shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.    
 All dogs, cats, and other animals shall be vaccinated against rabies as required by the State Board of Health. 
 (a) It is unlawful for any person bitten, the family, treating physician, or veterinarian that has knowledge of a person bitten by a dog, cat, or other animal to refuse to notify the health authorities promptly.  (b) It is unlawful for the owner of the dog, cat, or other animal to sell, give away, transfer, transport to another area, or otherwise dispose of the dog, cat, or other animal that is known to have bitten a person until it is released by the health authorities.  (c)  (1) It is unlawful for the owner of the dog, cat, or other animal to refuse or fail to comply with the written or printed instructions of the health authorities in any particular case.  (2)  (A) The written instructions shall be delivered in person by health authorities or their authorized agent.  (B) If instructions cannot be delivered in person, the instructions shall be mailed by regular mail, postage prepaid, and addressed to the owner of the dog, cat, or other animal.  (C) The affidavit or testimony of the health authorities or their authorized agent, who delivered or mailed such instructions, shall be prima facie evidence of the receipt of the instructions by the owner of the dog, cat, or other animal.      
 (a)  (1) Whenever the health authorities, county sheriff's office, or municipal police officers in cooperation with health authorities receive information that any person has been bitten by a dog, cat, or other animal, these local public officials acting in cooperation shall have the dog or other animal confined and observed.  (2) If there is no local facility available for confining the dog, cat, or other animal, it shall be the owner's responsibility to make satisfactory arrangements or to prepare a facility for the purpose of confinement.    (b)  (1) The offending dog or cat shall be confined for a period of ten (10) days by a veterinarian or owner or public pound.  (2)  (A) All other species of animals are to be confined and observed for rabies in the same manner, except the time element will vary so as to compensate for the difference in the incubation period of the disease.  (B) This adjusted time element is to be determined by consultation with the Department of Health.  (C) If there is no known incubation period, the animal may be euthanized and tested at the discretion of the department.    (3) The veterinarian, owner, or public pound management personnel shall notify the local public health authorities of the disposition of the dog or animal at the termination of the confinement.    (c)  (1) Any confinement and observation expense incurred in the handling of any dog, cat, or other animal under this subchapter shall be borne by the owner.  (2) If the dog, cat, or other animal is a stray and has no owner, the confinement and observation expense shall be borne by the person bitten or, if a minor, by the head of the family.    
 Any person causing the death of an animal, either wild or domesticated, suspected of being rabid shall cause the head of the animal to be presented to a county health unit of the county in which the animal was killed. 
 (a)  (1) The Secretary of the Department of Health shall place certain areas under a rabies quarantine upon request of proper local officials.  (2) In serious situations, the secretary may place the area under quarantine without waiting for a local request.    (b) The occurrence of three (3) or more positive rabies cases in animals shall be sufficient basis for placing an area under quarantine.  (c) The positive rabies cases shall be laboratory-confirmed by the Public Health Laboratory or any other laboratory acceptable to or approved by the secretary.  
 Whenever the proper officials or a government unit are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed by the government unit if deemed necessary to prevent the spread of rabies among dogs and other animals. The government unit involved may require:   (1) That all dogs, cats, or other animals in the locality be kept:  (A) Confined within an enclosure; or  (B) Muzzled and restrained by a leash composed of chain, wire, rope, or cable;    (2) That all owners or keepers of dogs, cats, or other animals take such prophylactic measures as may be required and necessary to prevent the spread of rabies; or  (3) That other measures, in addition to annual vaccination against rabies, that may be necessary to control the spread of rabies in dogs, cats, and other animals be carried out.  
 The Secretary of the Department of Health or his or her official representative shall have the responsibility for carrying out the provisions of this subchapter. 
 (a) The State Board of Health shall adopt rules necessary to carry out this subchapter, with subsequent amendments as needed.  (b) The Arkansas Livestock and Poultry Commission may adopt rules as are necessary pertaining to dogs and cats transported or moved into Arkansas for any purpose.  
 The General Assembly finds that:   (1) Wolves and wolf-dog hybrids are now present in this state but remain unregulated;  (2) The Compendium of Animal Rabies Prevention and Control advises that no vaccination has been approved for use in wolves or wolf-dog hybrids;  (3) However, wolves and dogs are scientifically classified as the same species;  (4) Off- and extra-label use of vaccines approved for use in dogs are widely used to vaccinate wolves and wolf-dog hybrids, even by the United States Government, to prevent diseases such as rabies;  (5) Failure to vaccinate wolves and wolf-dog hybrids raises the possibility of creating a large pool of animals that could serve as reservoirs for rabies; and  (6) Due to the neglect and irresponsibility of their owners, some wolves and wolf-dog hybrids could pose a threat to public safety in this state.  
 As used in this subchapter, wolf-dog hybrid means any animal which is publicly acknowledged by its owner as being the offspring of a wolf and domestic dog. No animal may be judged to be a wolf or wolf-dog hybrid based strictly on its appearance. 
 (a) Owners of wolves and wolf-dog hybrids shall maintain all health records of each wolf and wolf-dog hybrid, including health certificates, records of immunization, and any other documentary evidence pertaining to the health and welfare of the animal.  (b) The owner shall maintain records of acquisitions and disposals of wolf-dog hybrids, including the name and address of the person with whom a transaction is conducted, with entries being made on the day of the transaction.  (c) Records shall be available for inspection by law enforcement personnel at reasonable hours.  
 (a) Wolves and wolf-dog hybrids shall be provided adequate confinement and adequate feeding.  (b) Adequate confinement shall include at least:  (1) A brick, concrete, or chain-link enclosure surrounded by two (2) layers of fencing as follows:  (A) For a single animal:  (i) Either an inner chain-link fence a minimum of fifteen feet by eight feet by ten feet (15' x 8' x 10') or an electric fence that prevents climbing over, and either extending two feet (2') underground or employing some other means that prevents digging under; and  (ii) An outer fence eight feet (8') high with at least four feet (4') between the two (2) fences unless the inner fence is an electric fence posted with warning signs and the gate is locked at all times;    (B) For a pair, double the cage length for a single animal; or  (C) For more than two (2) animals, add ten feet (10') to the single animal length and width for each additional animal;    (2) A secluded den four feet (4') square for each animal; and  (3) No more than four (4) total of wolves or wolf-dog hybrids, or both, per acre.    (c) Adequate confinement shall not include tethering of a wolf or wolf-dog hybrid not under the direct supervision and control of the owner or custodian.  (d)  (1) Adequate feeding shall include daily feedings and provisions of water.  (2) The feed used shall consist of a minimum meat-based protein content of twenty-five percent (25%) and crude fat of fifteen percent (15%), with exceptions for geriatric and overweight animals or under the advice of a licensed veterinarian.    (e) Owners and custodians of wolves and wolf-dog hybrids shall allow inspections by law enforcement personnel at reasonable hours to ensure adequate confinement and adequate feeding.  (f) This section applies only to owners of four (4) or more adult wolf-dog hybrids or wolves, animals one (1) year of age or older.  
 (a) Wolves and wolf-dog hybrids may enter into this state only if each animal is accompanied by a certificate of veterinary inspection indicating that the animal is free from disease or exposure to infectious or contagious disease.  (b) No animals from rabies-quarantined areas shall be admitted into this state.  
 (a) Wolves and wolf-dog hybrids are required to be vaccinated against rabies by a licensed veterinarian with a vaccine approved for dog use, and a rabies certificate may be issued.  (b) Veterinarians shall inform the owner of the wolf or wolf-dog hybrid, preferably in writing, that the vaccination is considered off label and that protection against rabies is not guaranteed.  (c) If a wolf or wolf-dog hybrid bites a person, the following criteria shall be used by an official of the Department of Health in dealing with the animal:  (1) The decision shall consider, at least:  (A) The epidemiology and risk of rabies in the species of animal in question;  (B) Possible prior exposure to a rabies vector;  (C) Behavior of the animal at the time of the bite;  (D) Prior rabies vaccinations; and  (E) Other circumstances that may exist;    (2) In some situations, the department shall consider the initiative and willingness of the individual so exposed to submit to postexposure antirabies immunization after being adequately informed of all potential risks;  (3) Upon written order by the Secretary of the Department of Health or a specifically designated representative, any biting animal determined to be at significant risk for the transmission of rabies shall be humanely killed and the brain tissue submitted for testing; and  (4) The department has the authority to order the quarantine of an animal determined to be a very low risk for the transmission of rabies for a thirty-day observation period as an alternate method to euthanasia and testing.    (d) Owners shall be notified and given three (3) business days to provide proof to the department in their animal's defense before the animal can be euthanized.  (e) If in the future the United States Department of Agriculture approves the use of rabies vaccines in wolves or wolf-dog hybrids, or both, then wolves and wolf-dog hybrids will fall under the same rules as dogs regarding biting humans and rabies control.  
 (a) If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor.  (b) If a wolf or wolf-dog hybrid is not adequately confined or fed, the person responsible for adequate confinement or adequate feeding of the animal, or both adequate feeding and adequate confinement, upon conviction shall be guilty of a Class A misdemeanor.  (c) A person who abandons or releases a wolf or wolf-dog hybrid into the wild upon conviction shall be guilty of a Class A misdemeanor.  
 Nothing in this subchapter shall be construed to prohibit local regulation of the ownership, breeding, confinement, or feeding of wolves or wolf-dog hybrids. 
 As used in this subchapter:   (1) Large carnivore means any live individual of those species of animals that are inherently dangerous to humans, including:  (A) Bears;  (B) Lions; and  (C) Tigers;    (2) Possessor means a person who owns, keeps, or has custody or control of a large carnivore; and  (3)  (A) Wildlife sanctuary means a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code as it existed on January 1, 2005, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced large carnivores are provided care for their lifetimes.  (B) Wildlife sanctuary does not mean a place that:  (i) Conducts any activity that is not inherent to the large carnivore's nature;  (ii) Uses the large carnivore for any type of entertainment;  (iii) Sells, trades, or barters the large carnivore or the large carnivore's body parts; or  (iv) Breeds the large carnivore for purposes of sale.      
 (a) Except as permitted under this subchapter, it is unlawful for a person to:  (1) Own or possess a large carnivore;  (2) Breed a large carnivore; or  (3) Transfer ownership or possession of or receive a transfer of ownership or possession of a large carnivore, with or without remuneration.    (b) Except as permitted under this subchapter, it is unlawful for a person or other entity in control of any property, residence, or business premises to knowingly permit any other person to be in possession of a large carnivore upon the property, residence, or business premises.  
 This subchapter does not apply to:   (1) Institutions accredited by the Association of Zoos and Aquariums;  (2) Registered nonprofit humane societies;  (3) Animal control officers or law enforcement officers acting under the authority of this subchapter;  (4) Veterinary hospitals or clinics;  (5) A person or organization with a United States Department of Agriculture Wildlife Exhibition Permit;  (6) Employees of the Arkansas State Game and Fish Commission in the performance of their duties;  (7) Persons holding a valid Arkansas State Game and Fish Commission Scientific Collection Permit applicable to a large carnivore; or  (8) Persons or organizations with an Arkansas State Game and Fish Commission Wildlife Breeder/Dealer Permit.  
 (a) A person may possess a large carnivore only if:  (1) The person was in possession of the large carnivore and was the legal possessor of the large carnivore on or before August 12, 2005; and  (2) The person applies for and is granted a permit for personal possession for each large carnivore in the person's possession not more than one hundred eighty (180) days after August 12, 2005.    (b)  (1) A person under subsection (a) of this section shall annually obtain a permit for personal possession.  (2) After August 12, 2005, any additional large carnivore shall not be brought into possession under the authority of a permit for personal possession.    (c)  (1) An applicant shall file on forms provided by the sheriff's department an application to receive a permit for personal possession with the sheriff's department of the county where the large carnivore is kept.  (2) The application shall include:  (A) The name, address, and telephone number of the applicant;  (B) A description of each large carnivore, including the scientific classification, name, gender, age, color, weight, and distinguishing marks or coloration that would aid in the identification of the animal;  (C) A photograph of the large carnivore;  (D) The location where the large carnivore is kept; and  (E) The name, address, and telephone number of the person from whom the applicant obtained the large carnivore, if known.    (3) The application shall be signed by the veterinarian who is expected to provide veterinary care to the large carnivore and shall include the veterinarian's name, address, and telephone number.    (d) The county sheriff's department shall not grant a permit unless:  (1) An annual permit fee of two hundred fifty dollars ($250) for each large carnivore accompanies the application;  (2) The applicant is eighteen (18) years of age or older;  (3) The applicant has not pleaded nolo contendere or guilty to or been found guilty of any animal cruelty violations in the past ten (10) years or to a felony offense for possession, sale, or use of illegal narcotics in the past ten (10) years;  (4) The facility and the conditions in which the large carnivore is kept comply with this subchapter; and  (5) The applicant has obtained the liability insurance coverage for the large carnivore as required under this subchapter.    (e)  (1) The county sheriff's department shall keep records of persons issued a valid permit for personal possession of a large carnivore and provide copies of the records to the Arkansas State Game and Fish Commission when each permit is issued.  (2) A permit holder shall notify the county sheriff's department of any changes of the permit holder's information, including the death of the large carnivore.    (f)  (1) In addition to the other requirements for issuance of a permit for personal possession, the large carnivore shall be spayed or neutered before a permit is issued to the possessor unless a veterinarian confirms that spaying and neutering would endanger the large carnivore.  (2) A record of the large carnivore's being spayed or neutered by a veterinarian is to be kept on file by the permit holder.    (g) All fees levied and collected for permits of personal possession under this section shall be deposited into the county treasury to be used by the county sheriff's department to offset the cost of issuing permits of personal possession, for any costs involved in controlling large carnivores located within the county, and for any other animal control costs.  
 (a)  (1) The possessor of a large carnivore is required to maintain the large carnivore in a cage that meets the requirements recommended by the United States Department of Agriculture or the Association of Zoos and Aquariums as in existence on January 1, 2005, for each species of large carnivore.  (2) Failure to provide the caging required by this section shall result in the cancellation of the permit for personal possession.    (b) Deviations from these caging requirements may be approved by the county sheriff of the county where the large carnivore is kept upon showing of good cause.  
 (a)  (1) A possessor of a large carnivore shall maintain liability insurance coverage of not less than one hundred thousand dollars ($100,000) for each occurrence for liability damages for destruction of or damage to property and for death or bodily injury to a person caused by the large carnivore.  (2) The possessor of a large carnivore shall provide a copy of the policy for liability insurance to the county sheriff's department on an annual basis to obtain or renew a permit.    (b)  (1) The possessor of a large carnivore shall post and display a sign at each possible entrance onto the premises where a large carnivore is kept.  (2) The sign shall be clearly legible and easily readable by the public.  (3) The sign shall warn that there is a large carnivore on the premises.    
 The possessor of a large carnivore shall allow an official of the county sheriff's department, an animal control officer, an Arkansas State Game and Fish Commission Wildlife Officer, or a law enforcement officer of the municipality or county where the large carnivore is kept to enter the premises to ensure compliance with this subchapter. 
 (a) The possessor of a large carnivore shall not bring a large carnivore to any commercial or retail establishment unless the possessor is bringing the large carnivore to a veterinarian clinic.  (b)  (1) If a large carnivore escapes or is released, the possessor of the large carnivore immediately shall contact the Arkansas State Game and Fish Commission and law enforcement officials of the city or county where the possessor resides to report the escape or release.  (2) The possessor is liable for all expenses associated with efforts to recapture the large carnivore.    (c) A person or an organization with a United States Department of Agriculture Wildlife Exhibition Permit may take the large carnivore to schools and other exhibitions for educational or fundraising purposes.  
 (a) A large carnivore may be immediately confiscated by a county sheriff's department if:  (1) The possessor does not have a permit for personal possession;  (2) The possessor does not have the liability insurance coverage required under this subchapter;  (3) Conditions under which the large carnivore is kept are directly or indirectly dangerous to human health and safety; or  (4) The caging requirements of  20-19-505 are not met.    (b)  (1) If a large carnivore is confiscated, the possessor shall be liable for the costs of placement and care for the large carnivore from the time of confiscation until the time the large carnivore has been relocated to an alternative facility.  (2) The county sheriff's department shall seek to place the confiscated large carnivore with a wildlife sanctuary, humane society, or an institution accredited by the Association of Zoos and Aquariums.    
 A person who is in violation of the prohibitions of  20-19-502 is guilty of a Class A misdemeanor. 
 (a) The county sheriff's department of each county may collect the fees for the permits for personal possession required under this subchapter.  (b) The Arkansas State Game and Fish Commission may adopt rules and regulations to implement and enforce this subchapter.  
 As used in this subchapter:   (1) Interested person means an individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity that a court determines may have a pecuniary interest in a primate that is the subject of the petition under  20-19-607;  (2) Law enforcement officer means a public servant vested by law with a duty to maintain public order or to make an arrest for an offense, including without limitation:  (A) An animal control officer; and  (B) An Arkansas State Game and Fish Commission wildlife officer;    (3) Person means an individual, a partnership, a corporation, an organization, or another legal entity or an officer, a member, a shareholder, a director, an employee, an agent, or a representative of a partnership, a corporation, an organization, or another legal entity;  (4) Primate means a live individual animal of the taxonomic order Primates, excluding humans;  (5)  (A) Temporary holding facility means an incorporated nonprofit animal protection organization, such as a registered humane society and shelter, that temporarily houses a primate at the written request of a law enforcement officer.  (B) Temporary holding facility includes a person that is a registered primate owner that is temporarily caring for a primate; and    (6) Wildlife sanctuary means a nonprofit entity that:  (A) Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care;  (B) Does not conduct a commercial activity with respect to primates, including without limitation:  (i) Sale, trade, auction, lease, or loan of primates or parts of primates; or  (ii) Use of primates in a for-profit business or operation;    (C) Does not use primates for entertainment purposes or in a traveling exhibit;  (D) Does not breed primates; and  (E) Does not allow members of the public to be in proximity to primates without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a primate of any age.    
 (a) A person shall not import, possess, sell, or breed the following primates:  (1) An ape;  (2) A baboon; or  (3) A macaque.    (b)  (1)  (A) It is unlawful for a person to allow a member of the public to come into direct contact with a primate.  (B) Subdivision (b)(1)(A) of this section does not apply to a registered primate owner, the family of a registered primate owner, or an invited guest of a registered primate owner.    (2) If a primate potentially exposes a human to rabies or another zoonotic disease by penetration or abrasion of the skin, the owner of the primate shall report the potential exposure to the local public health office within twenty-four (24) hours.    (c)  (1) It is unlawful for a person to tether a primate outdoors, such as on a leash or chain, or to allow a primate to run at-large.  (2) If a primate escapes or is released, the owner of the primate immediately shall contact a law enforcement officer in the county in which the primate is kept and the Arkansas State Game and Fish Commission to report the loss, escape, or release.  (3) The owner of a primate that escapes or is released is liable for all expenses associated with efforts to recapture the primate.    (d) It is unlawful to violate the caging and care standards in this subchapter or to keep a primate in a manner that threatens animal welfare or public safety.  (e) It is unlawful to operate a primate commercial breeding facility in this state.  
 (a) Section 20-19-602(a), (c), and (d) and  20-19-605 do not apply to:  (1) Either:  (A) An institution accredited by a zoological accreditation agency, including without limitation the Association of Zoos and Aquariums, or the Zoological Association of America; or  (B) A certified related facility that coordinates with an Association of Zoos and Aquariums Species Survival Plan Program for breeding of species listed as threatened or endangered under 16 U.S.C.  1533, as it existed on January 1, 2013;    (2) A research facility as defined in the Animal Welfare Act, 7 U.S.C.  2132(e), as it existed on January 1, 2013;  (3) A wildlife sanctuary;  (4) A temporary holding facility;  (5) A licensed veterinarian for the purpose of providing treatment to a primate;  (6) A law enforcement officer for purposes of enforcement or investigation;  (7) A circus defined as an exhibitor holding a Class C license under the Animal Welfare Act, 7 U.S.C.  2131 et seq., as it existed on January 1, 2013, that:  (A) Is in the state for less than ninety (90) days per year;  (B) Regularly conducts performances featuring live, dangerous, wild animals and multiple trained human entertainers, including clowns and acrobats; and  (C) Does not allow a member of the public to be in proximity to a dangerous, wild animal without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a dangerous, wild animal;    (8)  (A) A person temporarily transporting a legally owned primate, including an ape, macaque, or baboon, through this state if:  (i) The transit time is not more than ten (10) days;  (ii) The primate, including an ape, macaque, or baboon, is not exhibited; and  (iii) The transporter has complied with all state laws and federal regulations regarding the transport.    (B)  (i) A transporter exempted under subdivision (a)(8)(A) of this section shall provide notice of the transport to the Arkansas State Game and Fish Commission before entering the state, identifying the number and type of primate, including an ape, macaque, or baboon, that will be transported.  (ii) The notification required under subdivision (a)(8)(B)(i) of this section is in addition to a veterinary certificate or other permit required by state, local, or federal law; or      (9) A person that is temporarily transporting a legally owned primate under  20-19-604.    (b) However, a registered primate owner, including an ape, macaque, or baboon owner, may transfer a registered primate, including an ape, macaque, or baboon.  
 A person eighteen (18) years of age or older may continue to lawfully possess a primate, including an ape, macaque, or baboon, if within one hundred eighty (180) days after August 16, 2013, the primate, including an ape, macaque, or baboon, is registered under  20-19-605 and if:   (1) The person maintains veterinary records, acquisition papers, or other documents or records that establish that the person possessed the primate, including an ape, macaque, or baboon, before August 16, 2013;  (2) The person does not acquire an ape, macaque, or baboon after August 16, 2013, by purchase, trade, or breeding;  (3) The person has not pleaded guilty or nolo contendere to or been found guilty of an offense involving the abuse or neglect of an animal under a state, local, or federal law;  (4) The person is not subject to a court order requiring the forfeiture of a primate;  (5) The person has not had a license or permit regarding the care, possession, exhibition, breeding, or sale of an animal revoked or suspended for more than six (6) months by a state, local, or federal authority;  (6) The facility and the conditions in which each primate is kept comply with this subchapter;  (7) The person does not bring a primate to a commercial or retail establishment, unless it is owned or rented by the registered primate owner, or is a licensed veterinarian's office, an educational facility, a facility rented for the sole purpose of education, or a hotel or motel where the primate would not have direct contact with the public; or  (8) The person has an identification number placed in the primate via subcutaneous microchip, at the expense of the owner, unless a veterinarian determines the implantation would be harmful to the primate's well-being.  
 (a)  (1)  (A) Within one hundred eighty (180) days after August 16, 2013, a person that currently owns or possesses a primate shall submit to the county sheriff of the county in which the person keeps a primate a registration form provided by the sheriff's office.  (B) A person that in the future may purchase, import, trade for, or otherwise own or possess a primate not prohibited under this subchapter shall within thirty (30) days after acquisition of the primate submit to the county sheriff of the county in which the person keeps the primate a registration form provided by the sheriff's office.    (2)  (A) The registration form shall include:  (i) The name, address, and telephone number of the registrant;  (ii) A description of each primate, including the scientific classification, name, gender, age, color, weight, and distinguishing marks;  (iii) A photograph of the primate and the enclosure in which the primate is kept with measurements to show compliance with this subchapter;  (iv) The location at which the primate is kept;  (v) The name, address, and telephone number of the person from whom the registrant obtained the primate, if known; and  (vi) A written statement giving the name and address of the veterinarian who provides veterinary care to the primate, signed by the veterinarian.    (B) The registrant shall submit with the registration form a one-time registration fee of fifty dollars ($50.00) for the initial registration and a fee of ten dollars ($10.00) for each additional registration to be deposited into the county treasury, which the county sheriff's department shall use to offset the cost of issuing registration for possession of a primate and for costs involved in controlling primates located within the county.    (3) The county sheriff's office shall notify the Arkansas State Game and Fish Commission of each registration received by the county sheriff's office.    (b) The person shall notify the county sheriff's office of any changes in the information provided on the registration form, including the death or transfer of the primate.  
 (a) A person possessing a primate shall maintain the primate in an enclosure that meets or exceeds the minimum standards set forth by the United States Department of Agriculture under the Animal Welfare Act, 7 U.S.C.  2131 et seq., as it existed on January 1, 2013, for each species of primate.  (b) A person possessing a primate shall comply with the minimum standards of care set forth by the United States Department of Agriculture under the Animal Welfare Act, 7 U.S.C.  2131 et seq., as it existed on January 1, 2013.  
 (a) Upon probable cause, a law enforcement officer may seize a primate possessed or kept in violation of this subchapter.  (b) A primate seized under this section is forfeited upon a judicial determination that:  (1) The seized animal is a primate; and  (2) The owner of the seized primate has violated this subchapter with regard to the seized primate.    (c)  (1) A primate seized and forfeited under this section shall be placed in the custody and control of a registered primate owner if possible.  (2) If placement is not possible under subdivision (c)(1) of this section, a primate seized and forfeited under this section shall be placed in the custody and control of a zoo accredited by the Association of Zoos and Aquariums or a wildlife sanctuary.    (d)  (1) A primate seized but not forfeited under this section shall be impounded or quarantined at the home of a registered primate owner if possible.  (2) If impoundment and quarantine under subdivision (d)(1) of this section is not possible, a primate seized but not forfeited under this section shall be kept in the custody of an institution accredited by the Association of Zoos and Aquariums, a wildlife sanctuary, or a temporary holding facility under  20-19-603 until disposition of the seized primate.    (e)  (1) A zoo, wildlife sanctuary, or temporary holding facility having custody of a primate under this section may file a petition with the court requesting that the person from which the primate was seized or the owner of the primate be ordered to post security.  (2)  (A) Security ordered under subdivision (e)(1) of this section shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the zoo, the wildlife sanctuary, or the temporary holding facility in caring for and providing for the primate pending the disposition of the primate.  (B) Reasonable expenses under subdivision (e)(2)(A) of this section include without limitation estimated medical care and boarding of the primate before disposition.  (C) The amount of the security under subdivision (e)(2)(A) of this section shall be determined by the court after taking into consideration the facts and circumstances of the case, including without limitation the recommendation of the organization having custody and care of the seized primate and the cost of caring for the primate.  (D) If security under subdivision (e)(2)(A) of this section has been posted, the zoo, the wildlife sanctuary, a registered primate owner, or the temporary holding facility may draw from the security the actual costs incurred in caring for the seized primate.    (3)  (A) Upon receipt of a petition the court shall set a hearing on the petition to be conducted within five (5) business days after the petition is filed.  (B) The petitioner shall serve a copy of the petition on the owner of the primate and the law enforcement entity that seized the primate.  (C) The petitioner also shall serve a copy of the petition on any interested person.  (D) If the court orders the posting of security under this section, the person ordered to do so shall post the security with the clerk of the court within five (5) business days after the hearing.  (E) Upon judicial determination on the disposition of the seized primate, a person that posted the security under this section is entitled to a refund of the security for any expenses not incurred by the impounding organization.      (f) Voluntary relinquishment does not affect criminal charges that may be pursued by the appropriate authorities.  
 A violation of this subchapter is a Class A misdemeanor. 
 This subchapter does not preempt the authority of a city, town, or county. 
 (a) The Arkansas State Game and Fish Commission may adopt rules to implement this subchapter.  (b) A rule adopted under this subchapter shall not add to the list of exempt entities or species of primates or impose additional fees or insurance requirements.  
 (a) Every person, firm, or corporation bagging any commercial cotton insecticide or poison shall stamp on each bag or on a tag attached to each bag the date on which the insecticide or poison was manufactured.  (b)  (1) Any person, firm, or corporation failing or refusing to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than one hundred dollars ($100).  (2) Each bag or other container that is shipped without first having the date placed thereon shall be a separate offense.    
 This subchapter shall be cited as the Arkansas Pesticide Use and Application Act. 
 (a) The purpose of this subchapter is to regulate in the public interest the distribution, use, and application of pesticides to control pests.  (b) Pesticides perform a valuable role in protecting humans and the environment, including agricultural production, from insects, rodents, weeds, and other forms of life which may be pests, but it is essential to the public health and welfare that they be used properly to prevent unreasonable adverse effects on humans and the environment.  (c) It is deemed necessary to provide for regulation of the distribution, use, and application of these pesticides.  
 As used in this subchapter:   (1) Animal means all vertebrate and invertebrate species including, but not limited to, humans and other mammals, birds, fish, and shellfish;  (2) Beneficial insects means those insects that during their lifecycle are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial;  (3) Certified applicator means any individual who is certified under this subchapter to use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators;  (4) Commercial applicator means:  (A) A certified applicator whether or not he or she is a private applicator with respect to some uses who is engaged in the business and uses or supervises the use of any pesticide classified for restricted use or any other pesticide for any purpose on any lands or property other than as provided by this subdivision (4); or  (B) Any person engaged in the business of aerial application of seeds or fertilizers on the lands of another;    (5) Defoliant means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission;  (6) Desiccant means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue;  (7) Distribute means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state;  (8) Environment includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these;  (9) EPA means the United States Environmental Protection Agency;  (10)  (A) Equipment means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and on anything that may be growing, habitating, or stored on or in land.  (B) Equipment does not include any pressurized hand-sized household apparatus used to apply any pesticide or any equipment or contrivance of which the person who is applying the pesticide is the source of power or energy in making the pesticide application;    (11) FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended;  (12) Fungus means any non-chlorophyll-bearing thallophytes, that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts, as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living humans or other animals and except those on or in processed food, beverages, or pharmaceuticals;  (13) Insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, and comprising six-legged usually winged forms, as for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice;  (14) Labeling means all labels and all other written, printed, or graphic matter:  (A) Accompanying the pesticide or device at any time; or  (B) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications in the United States Environmental Protection Agency, the United States Department of Agriculture, the United States Department of the Interior, the United States Department of Health and Human Services, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides;    (15) Land means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including and used for transportation;  (16) License or permit means a written document issued by the State Plant Board or its authorized agent authorizing the purchase, possession, or use of certain pesticides, restricted-use pesticides, or state restricted-use pesticides;  (17) Nematode means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants, or plant parts. They may also be called nemas or eelworms;  (18) Noncommercial applicator means firms, persons, or government agencies that use, supervise the use, or demonstrate the use of any pesticide classified for restricted use and that do not qualify as a private applicator under subdivision (24) of this section nor require a commercial applicator's license under subdivision (4) of this section;  (19) Person means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not;  (20) Pest means:  (A) Any insect, rodent, nematode, fungus, or weed; or  (B) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism except viruses, bacteria, or other microorganisms on or in living human or other living animals, which the United States Environmental Protection Agency declares to be a pest under section 25(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act, or which the board declares to be a pest under  20-20-206(e);    (21) Pesticide means:  (A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and  (B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant;    (22) Pesticide dealer means any person who distributes restricted-use pesticides or pesticides whose uses or distribution are further restricted by the board by rule;  (23) Plant regulator means any substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments;  (24) Private applicator means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or her or his or her employer or on the property of another person if applied without compensation other than trading of personal services between producers of agricultural commodities;  (25) Restricted-use pesticide means any pesticide or pesticide use classified for restricted use by the administrator of the United States Environmental Protection Agency;  (26) State restricted-use pesticide means any pesticide or pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the board determines, subsequent to a hearing, requires additional restrictions for that pesticide or pesticide use to prevent unreasonable adverse effects on the environment including humans, land, beneficial insects, animals, crops, and wildlife other than pests;  (27) Supervise or under the direct supervision of means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available when needed, even though the certified applicator is not physically present at the time and place the pesticide is applied;  (28) Unreasonable adverse effects on the environment means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide;  (29) Weed means any plant which grows where not wanted; and  (30) Wildlife means all living things that are neither human, domesticated, nor, as defined in this subchapter, pests, including, but not limited to, mammals, birds, and aquatic life.  
 (a)  (1) Any commercial or noncommercial applicator, dealer, or pilot who violates any provision of this subchapter or the rules adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and for the second and any additional offense by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000).  (2)  (A) Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense.  (B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense.      (b) No state court shall allow the recovery of damages from administrative action taken if the court finds that there was probable cause for such an action.  
 (a) This subchapter shall be administered by the State Plant Board.  (b) The functions vested in the board by this subchapter shall be considered to be delegated to the employees of the Department of Agriculture or its authorized representatives.  
 (a)  (1) The State Plant Board shall administer and enforce this subchapter and shall have authority to issue rules after a public hearing following due notice to all interested persons to carry out the provisions of this subchapter. When the board finds it necessary to carry out the purpose and intent of this subchapter, rules may relate to the time, place, manner, amount, concentration, or other conditions under which pesticides may be distributed or applied and may restrict or prohibit use of pesticides in designated areas during specified periods of time to prevent unreasonable adverse effects by drift or misapplication to:  (A) Plants, including forage plants, or adjacent or nearby lands;  (B) Wildlife in the adjoining or nearby areas;  (C) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; and  (D) Humans, animals, or beneficial insects.    (2) In issuing rules, the board shall give consideration to pertinent research findings and recommendations of other agencies of this state, the United States Government, or other reliable sources. The board may by rule require that notice of a proposed application of a pesticide be given to owners or persons in control of lands adjoining the property to be treated or in the immediate vicinity thereof if it finds that the notice is necessary to carry out the purpose of this subchapter.    (b)  (1) For the purpose of uniformity and in order to enter into cooperative agreements, the board shall consider as restricted-use pesticides those uses or pesticides classified as such by the United States Environmental Protection Agency. In addition, the board may declare certain pesticides or pesticide uses as state restricted-use pesticides when after investigation it finds and determines the pesticides or pesticide uses to be injurious to humans, animals, or vegetation other than the pest or vegetation which it is intended to destroy or otherwise requires additional restrictions under the conditions set forth in  20-20-203(26).  (2) The sale or distribution of pesticides for such uses in Arkansas or their use in pest control or other operation is prohibited, except in accordance with such rules as may be made by the board after a public hearing.  (3) The rules shall include rules which prescribe the time when and the conditions under which the materials may be used in different areas of the state.  (4) The board in its rules may charge inspection, permit, and license fees sufficient to cover the cost of enforcement of this subsection.    (c) Rules adopted under this subchapter shall not permit any pesticide use which is prohibited by the Federal Insecticide, Fungicide, and Rodenticide Act and regulations or orders issued under the Federal Insecticide, Fungicide, and Rodenticide Act.  (d) Rules adopted under this subchapter as to applicators of restricted-use pesticides as designated under the Federal Insecticide, Fungicide, and Rodenticide Act shall not be inconsistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act and regulations promulgated under the Federal Insecticide, Fungicide, and Rodenticide Act.  (e) After notice and opportunity for hearing, the board may declare as a pest any form of plant or animal life, other than humans and other than bacteria, viruses, and other microorganisms on or in living humans or other living animals, which is injurious to health or the environment.  (f) In order to comply with section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, the board may make such reports to the United States Environmental Protection Agency in such form and containing such information as the United States Environmental Protection Agency may from time to time require.  
 (a)  (1) The State Plant Board may classify or subclassify commercial and noncommercial licenses to be issued under this subchapter as may be necessary for the effective administration and enforcement of this subchapter. The classifications may include, but not be limited to:  (A) Agricultural;  (B) Right-of-way;  (C) Forest;  (D) Aquatic; and  (E) Regulatory pesticide applicators.    (2) Separate subclassifications may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides or as to the use of pesticides to control insects, plant diseases, rodents, or weeds.  (3) Each classification shall be subject to separate testing procedures and requirements.    (b)  (1) The board in promulgating rules under this subchapter shall prescribe standards for the licensing of applicators of pesticides.  (2) The standards shall relate to the use and handling of the pesticides or to the use and handling of the pesticide or class of pesticide covered by the individual's license and shall be relative to the hazards involved.  (3) In determining standards, the board shall consider:  (A) The characteristics of the pesticide formulation such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration;  (B) The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information;  (C) The relative hazards of patterns of use such as granular soil applications, ultralow volume or dust aerial applications, or air blast sprayer applications; and  (D) The extent of the intended use.      (c) Further, the board is authorized to adopt standards in conformance with and at least equal to those prescribed by the United States Environmental Protection Agency and such additional standards as it deems necessary.  
 (a) No person shall use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators without that person's first complying with the licensing requirements pursuant to  20-20-209  20-20-211,  20-20-217, or other restrictions as determined by the State Plant Board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other person, for that specific pesticide use.  (b) No person working under the direct supervision of a certified applicator in accordance with  20-20-203(26) shall be considered in violation of this section.  
 (a) No commercial applicator shall engage in the business of applying restricted-use pesticide or other pesticides or the aerial application of seed or fertilizers to the lands of another at any time without a commercial applicator's license issued by the State Plant Board. Application for a license shall be made in writing to the board on a designated form obtained from the board. Each application for a license shall contain information regarding the applicant's qualifications, the proposed operations, and the license classification for which the applicant is applying, and the application shall include the following:  (1) The full name of the person applying for the license;  (2) If different from that in subdivision (a)(1) of this section, the full name of the individual qualifying under subsection (b) of this section;  (3) If the applicant is a person other than an individual, the full name of the firm, partnership, association, corporation, or group;  (4) The principal business address of the applicant in this state or elsewhere;  (5)  (A) The name and address of a person, who may be the Secretary of State, whose domicile is in this state and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant.  (B) Any nonresident applying for a license under this subchapter shall file a written and certified power of attorney designating an Arkansas resident or the Secretary of State as the agent of the nonresident upon whom service of process may be had in the event of any suit against the nonresident person. The power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of the State of Arkansas over the nonresident applicant.  (C) The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents;    (6) A description of any equipment used by the applicant to apply pesticides; and  (7) Any other necessary information prescribed by the board.    (b) The board shall not issue a commercial applicator's license until the individual named in subdivision (a)(1) of this section has qualified by passing an examination to demonstrate to the board his or her knowledge of how to apply pesticides under the classifications applied for and his or her knowledge of the nature and effect of pesticides he or she may apply under the classifications. The scope of the examination may be prescribed by rule.  (c)  (1) The board shall issue a commercial applicator's license limited to the classifications for which the applicant is qualified if:  (A) The board finds the applicant qualified to apply pesticides in the classifications he or she has applied for;  (B) The applicant files evidence of financial responsibility required under subsection (d) of this section;  (C) The applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Administration; and  (D) The applicant has paid the license, test, and equipment fees prescribed by the board in its rules.    (2)  (A) The license shall expire December 31 of each year unless it has been revoked or suspended prior thereto by the board for cause.  (B) A license shall be automatically invalidated if a commercial applicator is at any time or for any reason left without an individual qualified under subsection (b) of this section.    (3) The board may limit the license of the applicant to the use of certain pesticides, to certain areas, or to certain types of equipment if the applicant is only so qualified.  (4) If a license is not issued as applied for, the board shall inform the applicant in writing of the reasons therefor.    (d)  (1) The board shall not issue a commercial applicator's license until the applicant has furnished evidence of financial responsibility with the board consisting of one (1) of the following:  (A) A letter of credit from an Arkansas bank guaranteeing financial responsibility;  (B) A surety bond;  (C) An escrow account with an Arkansas bank; or  (D) An insurance policy or certification thereof of an insurer or surplus lines broker authorized to do business in this state insuring the commercial applicator and any of his or her agents against liability resulting from the operations of the commercial applicator, provided that the insurance is not applied to damages or injury to agricultural crops, plants, or land being worked upon by the commercial applicator.    (2)  (A) The amount of liability as provided for in this section shall not be less than that set by the board for each property damage and public liability including loss or damage arising out of actual use of any pesticide. The amount of liability shall be maintained at not less than that sum at all times during the licensing period.  (B) The board shall be notified ten (10) days before any reduction in liability.  (C) The board shall have authority to set deductible amounts on financial responsibility.    (3) Should the liability furnished become unsatisfactory, the applicant shall upon notice immediately execute new liability. If he or she fails to do so, the board shall cancel his or her license and give him or her notice of the fact, and it shall be unlawful thereafter for the person to engage in the business of applying pesticides until the liability is brought into compliance with the requirements of this section and his or her license is reinstated.  (4)  (A) Nothing in this subchapter shall be construed to relieve any person from liability for any damages to the person or lands of another caused by the use of pesticides even though the use conforms to the rules of the board.  (B) The violation of any of the provisions of this subchapter by any commercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and the negligence shall be imputable as provided by existing law.      (e) The board may renew any applicant's license under the classification for which the applicant is licensed, subject to reexamination for any additional knowledge that may be required to ensure a continuing level of competence and ability to use pesticides safely and properly due to changing technology.  (f)  (1) The provisions of this section relating to licenses and requirements for their issuance do not apply to a person applying pesticides for his or her neighbors, provided that he or she operates and maintains pesticide application equipment for his or her own use, he or she is not engaged in the business of applying pesticides for hire and does not publicly hold himself or herself out as a pesticide applicator, and he or she operates his or her pesticide application equipment only in the vicinity of his or her owned or rented property and for the accommodation of his or her neighbors.  (2) However, when the person uses or supervises the use of a restricted-use pesticide, the person shall comply with the requirements of  20-20-210 or  20-20-211.    
 (a) In General.  (1) No noncommercial applicator shall use, supervise the use of, or demonstrate the use of a restricted-use pesticide without a noncommercial applicator's license issued by the State Plant Board.  (2) Application for the license shall be made on forms obtained from the board and shall contain information regarding the applicant's qualifications, the proposed operation, the license classification applied for, and the full name of the individual qualified or to be qualified by passing the examination described in  20-20-209(b).  (3) If the board finds the applicant qualified to apply pesticides in the classifications applied for and if the applicant has paid testing and license fees required by rule, the board shall issue a noncommercial applicator's license limited to the activities and classifications applied for.  (4) The license shall expire December 31 of each year unless it has been suspended or revoked prior thereto by the board for cause.  (5) A license shall be automatically invalidated if a noncommercial applicator is at any time or for any reason left without an individual qualified under this section.  (6) If the board does not qualify the noncommercial applicator under this section, the board shall inform the applicant in writing of the reasons therefor.  (7)  (A) Fees may be waived for state, municipal, or other governmental agencies and their designated employees qualifying by examination.  (B) Noncommercial applicators shall be subject to legal recourse by any person damaged as the result of the application of any pesticide by the applicator.  (C) The violation of any of the provisions of this subchapter by any noncommercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and such negligence shall be imputable as provided by existing law.      (b) License Renewal. The board may renew the applicant's license under the classifications for which the applicant is licensed, subject to reexamination for any additional knowledge that may be required to ensure a continuing level of competence and ability to use restricted-use pesticides safely and properly due to changing technology.  (c) Exemption. This section shall not apply to persons conducting laboratory research involving restricted-use pesticide and doctors of medicine and doctors of veterinary medicine applying restricted-use pesticides as drugs or medication during the course of their normal practice.  
 (a) In General.  (1) No private applicator shall use or supervise the use of any restricted-use pesticide without a private applicator's license issued by the State Plant Board, with the license being conditioned on the applicator's complying with the certification requirements determined by the board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons for the pesticide use.  (2) Application for a license shall be made in writing on a designated form obtained from the board and shall contain the name and address of the applicant, the kind of agricultural commodity to be produced, information regarding the applicant's qualifications and proposed operations, and any other necessary information prescribed by the board.    (b) Certification Standards. Certification standards to determine the individual's competency with respect to the use and handling of the pesticide or types of pesticides the private applicator is to be certified to use shall be relative to hazards involved. In determining these standards, the board shall take into consideration the standards of the United States Environmental Protection Agency and is authorized to adopt these standards by rule.  (c) License Issuance.  (1) If the board finds the applicant competent and if the applicant has paid a minimum application fee of ten dollars ($10.00) for a one-year license or forty-five dollars ($45.00) for a five-year license, the board shall issue a private applicator's license limited to the operation described in the application.  (2) The board shall issue licenses for periods of one (1) year or five (5) years at the option of the applicator. Each license shall expire one (1) year or five (5) years from the issue date of the license, whichever is applicable, unless it has been suspended or revoked for cause prior thereto by the board. In order to support the program, the board shall phase in the private applicator's license renewals at the end of the 2001 license period in such a way as to ensure that the program funding is equally distributed over the licensing period.  (3) A license shall be invalidated automatically if a private applicator is at any time or for any reason left without an individual determined to be competent under subsection (b) of this section.  (4) If a license is not issued as applied for, the board shall inform the applicant in writing of the reasons therefor.  (5) Private applicators shall be subject to recourse by any person damaged as a result of the application of any pesticide by the applicator.  (6) The violation of any of the provisions of this subchapter by any private applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and this negligence shall be imputable as provided by existing law.    
 (a) It shall be unlawful for any pilot to apply by means of an aircraft any pesticide, seed, or fertilizer in this state unless the pilot shall have a current valid license issued by the State Plant Board.  (b) The issuance of the license shall be conditioned on his or her filing an application in the form prescribed by the board stating his or her name and address, his or her Federal Aviation Administration commercial or private pilot's certificate number, and his or her meeting any other conditions as may be set by the board in its rules.  (c) The application shall be accompanied by a fee as set by the board in its rules.  (d) Each pilot's license issued under this section shall expire on December 31 of each year.  
 (a)  (1) It shall be unlawful for any person to act in the capacity of a restricted-use pesticides dealer, to advertise as, assume to act as a dealer of, or distribute any restricted-use pesticide at any time without first having obtained an annual license from the State Plant Board. This license shall limit distribution of restricted-use pesticides only to persons holding a current commercial applicator, noncommercial applicator, private applicator, or dealer's license.  (2) A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any manufacturer, registrant, or distributor who has no pesticide dealer outlet licensed within this state and who distributes a restricted-use pesticide directly into this state shall obtain a pesticide dealer license for his or her principal out-of-state location or outlet.  (3) Pesticide dealer licenses shall expire December 31 of each year.    (b) Application for a pesticide dealer's license shall be on a form prescribed by the board and be accompanied by a fee as set by the board in its rules.  (c)  (1) Each licensed dealer outlet shall maintain a record of restricted-use pesticides distributed. The record shall contain the name, address, and license number of the commercial applicator, noncommercial applicator, private applicator, or dealer to whom distributed, the date of distribution, and the name and United States Environmental Protection Agency registration number of the restricted-use pesticide distributed.  (2) The records shall be kept for a period of two (2) years and shall be available for inspection by the board at reasonable times. Upon request in writing, the board shall immediately be furnished with a copy of the records by the restricted-use pesticide dealer.    (d) This section shall not apply to a commercial pesticide applicator who sells restricted-use pesticides only as an integral part of this pesticide application service when the pesticides are dispensed only through equipment used for the pesticide application or any federal, state, county, or municipal agency which provides pesticides only for its own programs.  (e) Each pesticide dealer shall be responsible for the acts of each person employed by him or her in the solicitation and sale of restricted-use pesticides and all claims and recommendations for use of restricted-use pesticides. The dealer's license shall be subject to denial, suspension, or revocation after a hearing for any violation of this subchapter whether committed by the dealer or by the dealer's officer, agent, or employee.  
 (a) The State Plant Board may suspend, pending inquiry, for not longer than ten (10) days, and, after opportunity for a hearing, may deny, suspend, revoke, or modify any license or permit or any provision thereof issued under this subchapter if it finds that the applicant or the holder of a license or permit has committed any of the following acts, each of which is declared to be a violation of this subchapter, or has been convicted of a criminal violation of the Federal Insecticide, Fungicide, and Rodenticide Act or has been the subject of a final order assessing a civil penalty for a violation of the Federal Insecticide, Fungicide, and Rodenticide Act:  (1) Made false or fraudulent claims through any media misrepresenting the effect of pesticides or methods to be utilized;  (2) Made a recommendation for use or used a pesticide in a manner inconsistent with the labeling registered with the United States Environmental Protection Agency or the board for that pesticide or in violation of the United States Environmental Protection Agency or board restrictions on the use of that pesticide;  (3) Applied known ineffective or improper pesticides;  (4) Operated faulty or unsafe equipment;  (5) Operated in a faulty, careless, or negligent manner;  (6) Neglected or, after notice, refused to comply with the provisions of this subchapter, the rules adopted under this subchapter, or any lawful order of the board;  (7) Refused or neglected to keep and maintain the records required by this subchapter or to make reports when and as required;  (8) Made false or fraudulent records, invoices, or reports;  (9) Engaged in the business of applying a pesticide on the lands of another without having a commercial applicator's license;  (10) Operated unlicensed equipment;  (11) Used fraud or misrepresentation in making application for or renewal of a license, permit, or certification;  (12) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, or certification;  (13) Aided or abetted a licensed or an unlicensed person to evade the provisions of this subchapter, conspired with such a licensed or an unlicensed person to evade the provisions of this subchapter, or allowed his or her license, permit, or certification to be used by another person;  (14) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land;  (15) Impersonated any federal, state, county, or other government official;  (16) Distributed any pesticide labeled for restricted use to any person unless the person or his or her agent has a valid license to use, supervise the use, or distribute restricted-use pesticides; or  (17) Applied any pesticide by aircraft without a pilot's license or employed a pilot without a license to apply any pesticide by aircraft.    (b) Any person requiring a license or permit under this subchapter shall be subject to the penalties provided for by  20-20-204.  
 (a) Commercial and noncommercial applicator licensees shall keep and maintain routine operational records containing information on the kinds, amounts, uses, dates, and places of application of pesticides.  (b) The records shall be kept for a period of two (2) years from the date of the application of the pesticide and shall be available for inspection by the State Plant Board at reasonable times.  (c) Upon request in writing, the board shall immediately be furnished with a copy of the records by the commercial or noncommercial applicator.  
 (a) No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any waterway in any way harmful to any wildlife therein.  (b) The State Plant Board may promulgate rules governing the storage and disposal of pesticides or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency.  
 (a) The State Plant Board may inspect any equipment used or intended to be used for application of pesticides and may require repairs or other changes before its further use for pesticide application.  (b) Requirements for equipment may be adopted by rule.  (c) Equipment specified by rule shall be identified by a decal or similar marking furnished by the board. The decal or marking shall be affixed in a location and manner upon the equipment as prescribed by the board.  (d) Fees for the decal or similar marking shall be prescribed by the board in its rules.  
 (a) The State Plant Board may by rule require the reporting of significant pesticide accidents or incidents to a designated state agency.  (b)  (1) Any person claiming damages from a pesticide application shall have filed with the board on a form prescribed by the board a written statement claiming that he or she has been damaged. This report shall have been filed within forty-five (45) days after the date that damages occurred. If a growing crop is alleged to have been damaged, the report shall be filed before the time that twenty-five percent (25%) of the crop has been harvested.  (2) The statement shall contain, but shall not be limited to, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred and the date on which the alleged damage occurred.  (3) The board shall prepare a form to be furnished to persons to be used in these cases. The form shall contain any other requirements as the board may deem proper.  (4) Upon receipt of the statement, the board shall notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed and furnish copies of the statements as may be requested.  (5) The board shall inspect damages whenever possible, and when it determines that the complaint has sufficient merit, it shall make this information available to the person claiming damage and to the person who is alleged to have caused the damage.    (c) The filing of a report or the failure to file a report need not be alleged in any complaint which might be filed in a court of law. The failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action, nor shall the failure to file a report be a violation of this subchapter.  (d) Where damage is alleged to have occurred, the claimant shall permit the board, the licensee, and his or her representatives, such as his or her insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that the damage may be examined. Failure of the claimant to permit observation and examination of the damaged lands shall automatically bar the claim against the licensee.  
 (a)  (1) For the purpose of carrying out the provisions of this subchapter, the State Plant Board may enter upon any public or private premises at reasonable times, in order to:  (A) Have access for the purpose of inspecting any equipment subject to this subchapter;  (B) Inspect or sample lands actually or reported to be exposed to pesticides and lands from which the pesticides may have originated;  (C) Inspect storage or disposal areas;  (D) Inspect or investigate complaints of injury to humans or land;  (E) Sample pesticides being applied or to be applied; and  (F) Observe the use and application of pesticides.    (2) Should the board be denied access to any land where access was sought for the purposes set forth in this subchapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to the land for the purposes set forth in this subchapter. Upon such an application, the court may issue the search warrant for the purposes requested.    (b)  (1) With or without the aid and advice of the prosecuting attorney, the board is charged with the duty of enforcing the requirements of this subchapter and any rules issued pursuant to it.  (2) If a prosecuting attorney fails or refuses to act on behalf of the board, the Attorney General may so act.    (c) The board may apply to any court of competent jurisdiction for and the court upon hearing and for cause shown may grant a temporary or permanent injunction restraining any person from violating any provisions of this subchapter, or of the rules made under authority of this subchapter, the injunction to be without bond.  
 The State Plant Board may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records anywhere in this state in any hearing affecting the authority or privilege granted by a license, certification, or permit issued under this subchapter. 
 (a) Any person aggrieved by any action of the State Plant Board may obtain a review thereof by filing in the circuit court within thirty (30) days of notice of the action a written petition praying that the action of the board be set aside.  (b) A copy of the petition shall immediately be delivered to the board, and within thirty (30) days thereafter, the board shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received. The court shall then have jurisdiction to affirm, set aside, or modify the action of the board, except that the findings of the board as to the facts, if supported by substantial evidence, shall be conclusive.  
 The State Plant Board may cooperate with, receive grants-in-aid from, and enter into agreements with any agency of the United States Government, of this state or its subdivisions, or of another state to obtain assistance in the implementation of this subchapter, in order to:   (1) Secure uniformity of regulations;  (2) Cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs;  (3) Develop and administer state plans for licensing of certified applicators consistent with federal standards;  (4) Contract for training with other agencies for the purpose of training licensed applicators;  (5) Contract for monitoring pesticides for the national plan;  (6) Prepare and submit state plans to meet federal certification standards, as provided for in section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act; and  (7) Regulate certified applicators.  
 The State Plant Board may waive all or part of the examination requirements provided for in  20-20-209  20-20-211 and 20-20-217 on a reciprocal basis with any other state which has substantially the same standards and so long as out-of-state applicators are made subject to enforcement procedures provided in this subchapter to the same extent as those applicators examined and certified in this state. 
 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. 
 All moneys received by the State Plant Board under the provisions of this subchapter and the rules adopted pursuant to this subchapter shall be deposited into the Plant Board Fund of the State Treasury and be used for carrying out the provisions of this subchapter. 
 (a) Except as otherwise authorized in this subchapter, no city, county, or other political subdivision of the state shall adopt any ordinance, rule, or regulation regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pesticides.  (b) This section shall not affect the validity of any ordinance, rule, or regulation regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pesticides adopted before March 1, 1993.  
 (a) Any person who uses a pesticide in a manner inconsistent with its labeling is subject to the jurisdiction of the State Plant Board and its statutes, rules, and orders over which it has regulatory authority and may be subject to denial, suspension, revocation, or modification of a license or permit under  20-20-214.  (b) Any person who knowingly uses a pesticide in a manner inconsistent with its labeling shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).  
 It is the policy of the State of Arkansas in furtherance of its responsibility to protect the occupational and public health and safety, to protect the environment, and to further the industrial and economic growth of the state:   (1) To institute and maintain a regulatory program for sources of ionizing radiation so as to provide:  (A) Compatibility and consistency with the standards and regulatory programs of the United States Government;  (B) A single effective system of regulation within the state; and  (C) A system consonant insofar as possible with those of other states; and    (2) To institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public.  
 It is the purpose of this subchapter to effectuate the policies set forth in  20-21-201 by providing a program:   (1) Of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;  (2) To promote an orderly regulatory pattern within the state, among the states, and between the United States Government and this state and to facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;  (3) To establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product, source, and special nuclear materials and radiation equipment and to provide for registration of persons providing radiation machine installation; and  (4) To permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public.  
 As used in this subchapter:   (1) Accelerator or particle accelerator, medical means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is used for medical purposes;  (2) Accelerator or particle accelerator, nonmedical means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is not used for medical purposes;  (3) Accelerator-produced radioactive material means any material made radioactive, so as to emit radiation spontaneously, by a particle accelerator;  (4) [Repealed.]  (5) Assembler means any person who is engaged in the business of installing or offering to install radiation machines or components associated with radiation machines;  (6) [Repealed.]  (7) By-product material means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;  (8) Calibration sources  consulting services means any individual, group of individuals, or company possessing a sealed radioactive source used for the calibration of radiation-measuring instruments or radiation machines as authorized by a radioactive material license;  (9) Category I-A hospital means a hospital or medical center that meets one (1) of the following criteria:  (A) Has a nuclear medicine department, one (1) or more X-ray machines, and one (1) or more particle accelerator units; or  (B) Has a nuclear medicine department, eleven (11) or more X-ray machines, and one (1) or more teletherapy units;    (10) Category I-B hospital means a hospital or medical center that has a nuclear medicine department, has ten (10) or fewer X-ray machines, and has one (1) or more teletherapy units;  (11) Category II-A hospital means a hospital or medical center that meets one (1) of the following criteria:  (A) Has a nuclear medicine department and eleven (11) or more X-ray machines;  (B) Has a nuclear medicine department and one (1) or more particle accelerator units;  (C) Has one (1) or more X-ray machines and one (1) or more particle accelerator units; or  (D) Has eleven (11) or more X-ray machines and one (1) or more teletherapy units;    (12) Category II-B hospital means a hospital or medical center that meets one (1) of the following criteria:  (A) Has a nuclear medicine department and ten (10) or fewer X-ray machines;  (B) Has a nuclear medicine department and one (1) or more teletherapy units; or  (C) Has ten (10) or fewer X-ray machines and one (1) or more teletherapy units;    (13) Category III hospital means a hospital or medical center that meets one (1) of the following criteria:  (A) Has a nuclear medicine department;  (B) Has one (1) or more X-ray machines; or  (C) Has one (1) or more teletherapy units;    (14) Chiropractor means a person licensed by the Arkansas State Board of Chiropractic Examiners;  (15) Civil penalty means any monetary penalty levied on a licensee or registrant because of violation of statutes, regulations, licenses, or registration certificates but does not include criminal penalties;  (16) Decommissioning means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for post-operational care;  (17) Dental radiographic unit means any X-ray device that is subject to the requirements for intraoral dental radiographic systems set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;  (18) [Repealed.]  (19) Gas chromatograph and X-ray fluorescence devices means analytical laboratory instruments designed for qualitative and quantitative analysis using radioactive material as a component of the instrument detector or as a fluorescence excitation source;  (20)  (A) General license means a license effective pursuant to rules promulgated by the State Radiation Control Agency without the filing of an application with the Department of Health or the issuance of licensing documents to particular persons to transfer, acquire, own, possess, or use quantities of radioactive material or devices or equipment utilizing radioactive material.  (B) Specific license means a license issued to a named person upon application filed pursuant to rules promulgated under this subchapter to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of radioactive material or equipment utilizing radioactive material.  (C) Academic broad license means any radioactive material license issued to a college or university and subject to the special requirements for specific licenses of broad scope as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health.  (D) Academic radioactive material license means any radioactive material license issued to a college or university, excluding academic broad licenses;    (21) High-level radioactive waste means:  (A) Irradiated reactor fuel;  (B) Liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel; and  (C) Solids into which such liquid wastes have been converted;    (22) Industrial units means X-ray machines used within the manufacturing industry and other industries and in industrial radiography;  (23) In vitro laboratory testing means nonhuman use of radioactive material for laboratory testing in accordance with a general license authorized by the rules for control of sources of ionizing radiation promulgated by the State Board of Health;  (24) Ionizing radiation means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but it does not include sound or radio waves or visible, infrared, or ultraviolet light;  (25) Irradiator means a device or facility which contains and uses sealed sources for the irradiation of objects or materials;  (26) Low-level radioactive waste means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e. (2) of the Atomic Energy Act of 1954;  (27) Mobile nuclear medicine service means the transportation and medical use of by-product material and diagnostic instrumentation;  (28) Naturally occurring radioactive material means any material of natural origin that emits radiation spontaneously, excluding uranium, thorium, and the tailings produced in their extraction or concentration;  (29) Nuclear gauge means a device that uses radioactive material as a means of measurement or testing;  (30) Nuclear medicine means human use of radioactive material for diagnostic or therapeutic purposes, not including radioisotope teletherapy;  (31) Nuclear pharmacy means a facility licensed by the Arkansas State Board of Pharmacy for the purpose of compounding and dispensing prescription drugs which contain or are intended to be used with radioactive material. In addition, the facility is intended to provide service for more than one (1) medical licensee;  (32) Others, as used in the contexts of registration, means any X-ray machine which is not otherwise included in the definitions in this section;  (33) Panoramic wet source storage irradiator means a controlled human access irradiator in which the sealed source is contained in a storage pool, usually containing water, and in which the sealed source is fully shielded when not in use. The sealed source is exposed within a radiation room that is maintained as inaccessible during use by interlocked controls;  (34) Person means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, of any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than United States Government agencies licensed by the United States Atomic Energy Commission, or any successor thereto;  (35) Physician means any individual possessing a valid physician's and surgeon's certificate issued by this state;  (36) Podiatrist means a person licensed by the Arkansas Board of Podiatric Medicine;  (37) Private practice means any use of radioactive material subject to the requirements for licensing of individual physicians for human use of radioactive materials as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health, excluding those installations subject to the requirements for X-ray and electron therapy systems with energies of one megaelectronvolt (1 MeV) and above and for teletherapy as set forth in the same rules;  (38) Radiation equipment means any manufactured product or device or any machine or system which during operation can generate or emit ionizing radiation, except those which emit radiation only from radioactive material;  (39) Radioactive material means any material, whether solid, liquid, or gas, which emits radiation spontaneously. Radioactive material includes accelerator-produced, by-product, naturally occurring, source, and special nuclear materials;  (40) Radioactive waste management means storage, treatment, or disposal of radioactive wastes;  (41) Radiography means the examination of the macroscopic structure of materials by nondestructive methods utilizing sources of ionizing radiation;  (42) Radioisotope teletherapy means the use of radiation from a sealed radioactive source for medical treatment. This does not include radiation from sealed radioactive sources implanted within individuals or on-surface contact with individuals;  (43) Reciprocity means the reciprocal recognition of licenses issued by the United States Nuclear Regulatory Commission or any agreement state other than Arkansas, subject to provisions for reciprocal recognition of licenses as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;  (44) Registration means registration with the Department of Health by any person possessing any source of ionizing radiation in accordance with rules and standards adopted by the Department of Health;  (45) Service personnel means any person who is engaged in the business of offering or performing:  (A) Repair or service of radiation machines and associated radiation machine components;  (B) Calibration of radiation machines;  (C) Calibration of radiation instrumentation or devices; or  (D) Furnishing personnel dosimetry services to State Radiation Control Agency licensees or registrants;    (46) Special nuclear material means:  (A) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Governor declares by order to be special nuclear material after the United States Atomic Energy Commission, or any successor thereto, has determined the material to be such but does not include source material; or  (B) Any material artificially enriched by any of the foregoing but does not include source material;    (47) Source material means:  (A) Uranium, thorium, or any other material which the Governor declares by order to be source material after the United States Atomic Energy Commission, or any successor thereto, has determined the material to be such; or  (B) Ores containing one (1) or more of the foregoing materials, in such concentration as the Governor declares by order to be source material after the United States Atomic Energy Commission, or any successor thereto, has determined the material in such concentration to be source material;    (48) Sources of radiation means, collectively, radioactive material and radiation equipment;  (49) Veterinary medicine radiographic systems means any X-ray device that is subject to the requirements for veterinary medicine radiographic installations set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;  (50) Wireline service operation means any evaluation or mechanical service which is performed in the well-bore, using devices on a wireline; and  (51) X-ray tube means any electron tube which is designed to be used primarily for the production of X-rays.  
 (a) Criminal Penalties. Any person who willfully violates any of the provisions of this subchapter or rules or orders in effect pursuant thereto shall be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.  (b) Civil Penalties.  (1) Any person may be subject to a civil penalty, to be imposed by the State Radiation Control Agency, not to exceed five thousand dollars ($5,000), that:  (A) Violates any licensing or registration provision of this subchapter or any rule or order issued under this subchapter, or any term, condition, or limitation of any license or registration certificate issued thereunder; or  (B) Commits any violation for which a license or registration certificate may be revoked under rules issued pursuant to this subchapter.    (2) If any violation is a continuing one, each day of the violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.  (3) The agency shall have the authority to compromise, mitigate, or remit penalties.  (4) Whenever the agency proposes to subject a person to the imposition of a civil penalty under this subsection, the agency shall notify the person in writing:  (A) Setting forth the date, facts, and nature of each act or omission with which the person is charged;  (B) Specifically identifying the particular provisions of the section, rule, order, license, or registration certificate involved in the violation; and  (C) Advising of each penalty which the agency proposes to impose and its amount.    (5)  (A) The written notice shall be sent by registered or certified mail by the agency to the last known address of the person.  (B) The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the agency shall by rule prescribe, why the penalty should not be imposed.  (C) The notice shall also advise the person that upon failure to pay the civil penalty subsequently determined by the agency, if any, the penalty may be collected by civil action.    (6)  (A) Upon the request of the agency, the Attorney General may institute civil action to collect a penalty imposed pursuant to this subsection.  (B) The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him or her for collection.    (7)  (A) All moneys collected from civil penalties shall be paid to the Treasurer of State for deposit into the General Revenue Fund Account of the State Apportionment Fund.  (B) Moneys collected from civil penalties shall not be used for normal operating expenses of the agency except as appropriations are made from the General Revenue Fund Account of the State Apportionment Fund in the normal budgetary process.      
 (a)  (1) The State Radiation Control Agency or its authorized representative shall for reasonable cause have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of this subchapter and rules issued under this subchapter.  (2) However, entry into areas under the jurisdiction of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative.    (b) In the event of an emergency, the agency shall have the authority to impound or order the impounding of sources of ionizing radiation which is in the possession of any person that is not equipped to observe or fails to observe the provisions of this subchapter or any rules issued under this subchapter.  (c) Whenever in the judgment of the agency any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, the Attorney General, upon written notice thereof by the agency, shall make application to a court of competent jurisdiction for an order enjoining the acts or practices or for an order directing compliance, and upon a showing by the agency that the person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.  
 (a) The State Board of Health is designated as the State Radiation Control Agency.  (b) The Secretary of the Department of Health shall designate an individual to perform the functions vested in the agency pursuant to this subchapter.  (c) In accordance with the laws of this state, the agency may employ, compensate, and prescribe the powers and duties of such individuals and consultants as may be necessary to carry out this subchapter.  
 For the protection of the occupational and public health and safety, the State Radiation Control Agency shall:   (1) Develop programs for evaluation and control of hazards associated with the use of sources of ionizing radiation;  (2) Develop programs, with due regard for compatibility with federal programs, for regulation of by-product, source, and special nuclear materials and for regulation of radiation equipment;  (3) Formulate, adopt, promulgate, and repeal codes and rules which may provide for licensing or registration relating to control, storage, or disposal of sources of ionizing radiation with due regard for compatibility with the regulatory programs of the United States Government;  (4) Issue such orders or modifications as may be necessary in connection with proceedings under this subchapter;  (5) Advise, consult, and cooperate with other agencies of the state, the United States Government, other states and interstate agencies, political subdivisions, and groups concerned with control of sources of ionizing radiation;  (6) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government and from other sources, public or private;  (7) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation;  (8) Collect and disseminate information relating to control of sources of ionizing radiation, including:  (A) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;  (B) Maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under this subchapter and any administrative or judicial action pertaining thereto; and  (C) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiations, pending or promulgated, and proceedings thereon;    (9)  (A) Be authorized to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Arkansas, any lands, buildings, and grounds where radioactive by-products and wastes produced by industrial, medical, agricultural, scientific, or other organizations can be concentrated, stored, or otherwise disposed of in a manner consistent with the public health and safety.  (B) The State Radiation Control Agency may exercise its power to condemn as prescribed by law for condemnation by the Arkansas Department of Transportation in  27-67-301 et seq.;    (10)  (A) Allow the Secretary of the Department of Health or his or her authorized representative to require the posting of a bond by licensees to provide funds in the event of abandonment, default, or other inability of the licensee to meet the requirements of the State Radiation Control Agency. The State Radiation Control Agency may establish bonding requirements by classes of licensee and by range of monetary amounts. In establishing the requirements, the State Radiation Control Agency shall give consideration to the potential for contamination, injury, cost of disposal, and reclamation of the property.  (B) The State Radiation Control Agency shall deposit the proceeds from all forfeited bonds into a special fund known as and called the Radiation Reclamation Fund. All moneys in the Radiation Reclamation Fund are appropriated to the State Radiation Control Agency for use in effectuating protection of public health and safety. Moneys in the Radiation Reclamation Fund shall not be used for normal operating expenses of the State Radiation Control Agency.  (C) A bond deemed acceptable in Arkansas shall be a bond issued by a fidelity or surety company authorized to do business in Arkansas, a personal bond secured by such collateral as the secretary deems satisfactory, a cash bond, or a letter of credit.  (D)  (i) All state, local, or other governmental agencies or subdivisions shall be exempt from the requirements of this subdivision (10).  (ii) The secretary may exempt classes of licensees from the requirements of this section when a finding is made that the exemption will not result in a significant risk to the public health and safety; and      (11)  (A) Allow the secretary or his or her authorized representative to require a licensee to deposit funds on an annual, semiannual, or quarterly basis into a trust fund established for the exclusive purpose set out in this subdivision (11). The Perpetual Maintenance Fund shall be defined so as to embrace each of the following:  (i) A source of revenue to provide for perpetual care and surveillance of a radioactive waste concentration, storage, and disposal site as described in subdivision (9) of this section or a source of revenue to provide for perpetual care and surveillance of a formerly licensed activity still containing or having associated with it radioactive material, the activity having ceased to operate by reason of default, abandonment, or decommissioning;  (ii) The Perpetual Maintenance Fund shall have two (2) inputs:  (a) Fees which are contributed by the lessee or licensee resulting from the operation of concentrating, storing, or disposing of radioactive material as set forth in subdivision (9) of this section; and  (b) Moneys accrued as interest on a trust fund established by a licensee. These funds shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning;    (iii) Moneys in the Perpetual Maintenance Fund shall be appropriated to the State Radiation Control Agency for use in a way consonant with this subchapter, including such items as perpetual care, maintenance, and surveillance; and  (iv) All licensee contributions to the Perpetual Maintenance Fund shall be payable to the secretary and deposited by the Treasurer of State.    (B) To provide for the proper care and surveillance of licensed sites subject to subdivision (11)(A) of this section, the state shall have the right to acquire by gift, transfer, purchase, or condemnation from another government agency or private person any lands, buildings, and grounds necessary to fulfill the purposes of this section. Any gift, transfer, purchase, or condemnation shall be subsequently subject to be approved and accepted by the state.  (C) To effectuate the provisions of this subchapter, the State Radiation Control Agency, by lease or license with any person, may provide for the operation of a site. Any lessee or licensee operating under the provisions of this subdivision (11) shall be subject to subdivision (10) of this section.  (D)  (i) The funds required by this subdivision (11) shall be established at such rate that interest on the sum of all funds reasonably anticipated as payable shall provide an annual amount equal to the anticipated reasonable costs necessary to maintain, monitor, and otherwise supervise and care for the lands and facilities as required in the interest of public health and safety.  (ii) In arriving at the rate of funds to be deposited, the State Radiation Control Agency shall consider the nature of the licensed material, size and type of activity, estimated future receipts, and estimated future expenses of maintenance, monitoring, and supervision.    (E) Recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department thereof, all lands, buildings, and grounds acquired by the state under subdivision (11)(B) of this section shall be owned in fee simple absolute by the state for purposes stated in subdivision (11)(B) of this section. All radioactive material received at the site and located therein at time of acquisition of ownership by the state becomes the property of the state.  (F) If a person licensed by any governmental agency other than the State of Arkansas desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump-sum deposit shall be made to a trust fund. The amount of the deposit shall be determined by the secretary, taking into consideration the factors stated in subdivision (11)(D) of this section.    
 (a) The State Radiation Control Agency may require registration or licensing of other sources of ionizing radiation.  (b) The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this subchapter when the agency finds that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public or to the environment.  
 Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses as the State Radiation Control Agency may deem desirable, subject to such registration as the agency may prescribe. 
 The provisions of this section,  20-21-206  20-21-209, and 20-21-211 shall not apply to any production or utilization facility for which the United States Nuclear Regulatory Commission or any successor agency thereto has issued a license which is in force and effect to construct or operate the facility. 
 Sections 20-21-206  20-21-210 are cumulative and are intended to supplement existing laws, and no part shall be construed to repeal any existing law specifically enacted for the protection of public health and safety. 
 It shall be unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with the State Radiation Control Agency in conformance with rules promulgated in accordance with this subchapter. 
 (a) The State Radiation Control Agency shall provide by rule for general or specific licensing of accelerator-produced material, by-product material, source material, special nuclear material, or devices or equipment utilizing such material.  (b) The rule shall provide for amendment, suspension, or revocation of licenses.  (c) The rule shall provide that:  (1) Each application for a specific license shall be in writing and shall state such information as the agency by rule may determine to be necessary to decide the technical, insurance, and financial qualifications or any other qualifications of the applicant as the agency may deem reasonable and necessary to protect the occupational and public health and safety;  (2) The agency may at any time after the filing of the application and before the expiration of the license require further written statements and may make such inspections as the agency may deem necessary in order to determine whether the license should be granted or denied or whether the license should be modified, suspended, or revoked;  (3) All applications and statements shall be signed by the applicant or licensee;  (4) The agency may require any applications or statements to be made under oath or affirmation;  (5) Each license shall be in such form and contain such terms and conditions as the agency may by rule prescribe;  (6) No license issued under this subchapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of;  (7) The terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules or orders issued in accordance with this subchapter;  (8) Licenses issued by the agency shall:  (A) Be nontransferable;  (B) Be renewed every five (5) to ten (10) years based on risk factors as determined by the agency; and  (C) Expire at a time specified by the agency; and    (9) Registrations issued shall:  (A) Be nontransferable;  (B) Be renewed at a time specified by the agency; and  (C) Expire one (1) year after issuance or at a time specified by the agency.      
 (a) The State Radiation Control Agency shall require registration or licensing of other sources of ionizing radiation.  (b) The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this section and  20-21-213 when the agency makes a finding that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.  
 Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses as the State Radiation Control Agency shall deem desirable, subject to such registration requirements as the agency may prescribe. 
 (a) Any radioactive materials license issued or renewed after July 4, 1983, for any activity which results in the production of radioactive material shall contain such terms and conditions as the State Radiation Control Agency determines to be necessary to assure that before termination of the license:  (1) The licensee will comply with decontamination, decommissioning, and reclamation standards prescribed by the agency, which shall be equivalent to or more stringent than those of the United States Nuclear Regulatory Commission or any successor thereto, for sites at which ores were processed primarily for their source material content and at which the radioactive material is deposited;  (2) Ownership of any disposal site and the radioactive material which resulted from the licensed activity shall be transferred to either the United States or the state, if this state exercises the option to acquire land used for the disposal of the radioactive material; and  (3) Any license which is in effect on July 4, 1983, and which is subsequently terminated without renewal shall comply with subdivisions (a)(1) and (2) of this section upon termination.    (b) The agency shall require by rule or order that, before the termination of any license which is issued after July 4, 1983, title to the land including any interests therein other than land held in trust by the United States for any Indian tribe or owned by an Indian tribe subject to a restriction against alienation imposed by the United States, or land already owned by the United States or by this state, which is used pursuant to the license for the disposal of radioactive material shall be transferred to either the United States or to the state, unless the United States Nuclear Regulatory Commission or any successor thereto determines before the termination that transfer of title to the land and the material is not necessary or desirable to protect the public health, safety, or welfare, or to minimize danger to life or property.  (c) If transfer of the title to the radioactive material and land to the state is required, the agency, following the United States Nuclear Regulatory Commission's determination that the licensee has complied with applicable standards and requirements under his or her license, shall assume title to the material or land and maintain the material and land in such manner as will protect the public health and safety and the environment.  (d) The agency may undertake such monitoring, maintenance, and emergency measures as are necessary to protect the public health and safety for those materials and property for which it has assumed custody pursuant to this subchapter.  (e) The transfer of title to land or radioactive materials to the United States or to this state shall not relieve any licensee of liability for any fraudulent or negligent acts done before the transfer.  (f) Other than administrative and legal costs incurred by the United States or by this state in carrying out the transfer, radioactive materials or land transferred to the United States or to the state in accordance with this section shall be transferred without cost.  
 (a) In licensing and regulation of radioactive material or of any activity which results in the production of radioactive materials so defined, the State Radiation Control Agency shall require compliance with applicable standards promulgated by the State Radiation Control Agency which are equivalent to or more stringent than standards adopted and enforced by the United States Nuclear Regulatory Commission for the same purpose, including requirements and standards promulgated by the United States Environmental Protection Agency.  (b) Until the State Board of Health promulgates rules under subsection (d) of this section, the State Radiation Control Agency may charge and collect the following annual fees associated with licensing and registration of sources of ionizing radiation:  (1) Hospitals or medical centers:  (A) Category I-A $900.00  (B) Category I-B 700.00  (C) Category II-A 650.00  (D) Category II-B 450.00  (E) Category III 200.00    (2) Radioactive material licenses:  (A) Private practice, other than teletherapy units or particle accelerators $100.00  (B) Radiography:  (C) Wireline service operation 300.00 for 1 to 3 sources  (D) Academic:  (i) Broad 500.00  (ii) Other 200.00    (E) Gas chromatograph devices and lead analyzers 100.00  (F) Nuclear gauges 300.00 for 1 to 5 gauges  (G) Particle accelerators, nonmedical 200.00  (H) In vitro laboratory testing 25.00  (I) Irradiators 1,000.00  (J) Nuclear pharmacy 1,000.00  (K) Mobile nuclear medicine service 1,200.00  (L) Consultants 250.00      (c) (i) In plant 350.00 for first bay  (1) All X-ray units, sixty-five dollars ($65.00) per tube up to a maximum of two hundred sixty dollars ($260.00); and  (2) Vendor services providing radiation equipment services or radiation safety services, or both, sixty-five dollars ($65.00).    (d)  (1) For the fees under subsection (b) of this section, the board shall adopt rules to establish fees at a level to sustain operations of the State Radiation Control Agency's mandated programs.  (2) The fees shall not:  (A) Conflict with federal program schedules; or  (B) Exceed twenty-five percent (25%) of the fees that would be levied by the United States Nuclear Regulatory Commission if the United States Nuclear Regulatory Commission were to regulate the State Radiation Control Agency's mandated programs.      (e) Each application for reciprocal recognition of an out-of-state license or of an out-of-state registration shall be accompanied by the applicable annual fee, provided that no fee has been submitted during the calendar year of the application.  (f)  (1) The annual fee shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year.  (2) Applications for new licenses or registrations shall be accompanied by the appropriate fees. The applicants shall be charged for a full calendar year regardless of the month the license or registration is issued.  (3) Applications for amendments to licenses or registration certificates which result in a change to a more costly category shall be accompanied by a fee equal to the difference between the fee for the current category and the one to which the amended license or certificate will escalate.  (4) Fee payments shall be by check, draft, or money order made payable to the Department of Health.  (5) In any case in which the State Radiation Control Agency finds that an applicant for a new license or new certificate of registration has failed to pay the fee prescribed in this section, the State Radiation Control Agency shall not process that application until the fee is paid.  (6) In any case in which the State Radiation Control Agency finds that a person has failed to pay a fee prescribed by this section within ninety (90) days of the date due, the State Radiation Control Agency may issue an order to show cause why that registration, license, or other service should not be revoked, suspended, or terminated, as appropriate.    (g) Annual fees shall not be required for those applicants, licensees, registrants, or other applicable persons whose use of sources of radiation is certified as financed solely by the General Revenue Fund Account of the State Apportionment Fund.  (h) All fees levied and collected under this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.  (i) Subject to the rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to licensing and registration for use of radioactive materials and X-ray equipment that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.    500.00 for 2 or more bays    (ii)  Field 1,000.00   500.00 for 4 or more sources   500.00 for 6 or more gauges    (3)  General licensed devices: Initial registration and annual fees for the receipt, possession, or use of radioactive material under a general license or a license obtained through reciprocity, as defined by the State Radiation Control Agency, shall be as follows:    (A)  Certain measuring, gauging, and controlling devices $300.00    (B)  Generally licensed gas chromatographs 200.00    (C)  Static elimination devices 100.00    (D)  Source material devices 500.00    (E)  Devices containing depleted uranium 500.00    (F)  Public safety devices containing radioactive material 50.00    (G)  All other general license registrations other than those specified above 150.00    (4)  Other:    (A)  Medical, therapy, nonhospital unit $250.00 for first unit   175.00 for each additional unit    (B)  Particle accelerator, medical, nonhospital unit 450.00 for first unit   300.00 for each additional unit    (C)  State Board of Health Rules for Control of Sources of Ionizing Radiation 0.00 for first copy   30.00 for each additional copy    (D)  Naturally occurring radioactive material license 2,500.00    (E)  Amendment to existing license 50.00 per amendment    (5)  Reciprocity:    (A)  Naturally occurring radioactive material $2,500.00    (B)  Radiography, field 1,000.00    (C)  Wireline 500.00    (D)  Nuclear gauge 500.00    (E)  Consultant 100.00    (6)  Late fees: A late fee equal to ten percent (10%) of the applicable fee shall be charged for fees not received within sixty (60) days of the invoiced due date and for every sixty (60) days thereafter.    (c)  The State Radiation Control Agency may charge and collect the following annual fees associated with X-ray registrations: 
 (a)  (1) The State Radiation Control Agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the agency may require subject to such exemptions as may be provided by rule.  (2) The agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation, or who furnishes personnel dosimetry services for agency licensees or registrants to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the agency.    (b)  (1) Copies of all records required by subsection (a) of this section shall be submitted to the agency upon request. The agency shall obtain these required records from each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation and from service personnel.  (2) Any person possessing or using a source of ionizing radiation shall furnish to each employee for whom personnel monitoring is required a copy of the employee's personal exposure record, as follows:  (A) Annually;  (B) At any time the employee has received excessive exposure; and  (C) Upon termination of employment.      
 (a) The operation or administration of any sites acquired under this subchapter for the concentration and storage of radioactive wastes and by-products shall be under the direct supervision of the State Radiation Control Agency and shall be in accordance with the rules promulgated and enforced by that agency to protect the public health and safety.  (b) The agency may lease or license such lands, buildings, and grounds as it may acquire under this subchapter for the purpose of operating sites for the concentration and storage of radioactive wastes and by-products.  (c) The State Board of Health may enter into contracts as may be necessary for carrying out the provisions of this subchapter.  (d)  (1) To finance the custody, control, and maintenance of such sites as the agency may undertake, the agency may collect fees from private or public parties holding radioactive material for custodial purposes. The fees shall be sufficient in each individual case to defray the estimated cost of the agency's custodial management activities for that individual case.  (2) All fees shall be placed in a special account, in the nature of a revolving trust fund and which may be designated the Perpetual Maintenance Fund.  (3) The fees shall be received, disbursed, and accounted for by using generally accepted accounting principles.  (4) Moneys in the fund may be invested in United States bonds and treasury bills or in such other securities as may be approved by the agency and the Treasurer of State.    
 The State Radiation Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter. 
 (a)  (1) The Governor, on behalf of this state, may enter into agreements with the United States Government providing for discontinuance of certain of the United States Government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to this subchapter.  (2) Any person that, on the effective date of an agreement under this subsection, possesses a license issued by the United States Government shall be deemed to possess the same pursuant to a license issued under this subchapter, which shall expire either ninety (90) days after receipt from the State Radiation Control Agency of a notice of expiration of the license or on the date of expiration specified in the federal license, whichever is earlier.    (b) The agency may enter into an agreement or agreements with the United States Government, other states, or interstate agencies, whereby this state will perform, on a cooperative basis with the United States Government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.  
 (a) Under this subchapter:  (1) In any proceeding for the issuance or modification of rules relating to control of sources of ionizing radiation, the State Radiation Control Agency shall provide an opportunity for public participation through written comments or a public hearing, or both;  (2) In any proceeding for the denial of an application for a license or for revocation, suspension, or modification of a license, the agency shall provide to the applicant or licensee an opportunity for a hearing on the record;  (3) In any proceeding for licensing ores processed primarily for their source material content or disposal of radioactive material or for licensing commercial burial of radioactive wastes, the agency shall provide:  (A) An opportunity, after public notice, for written comments and a public hearing with a transcript;  (B) An opportunity for cross examination; and  (C) A written determination of the action to be taken which is based upon findings included in the determination and upon evidence presented during the public comment period;    (4) In any proceeding for licensing ores processed primarily for their source material content, for disposal of radioactive material, or for licensing commercial burial of radioactive wastes, the agency shall prepare a written analysis of the impact of the activity on the environment for each licensed activity which has a significant impact on the human environment. The analysis shall be available to the public before the commencement of hearings held pursuant to subdivision (a)(3) of this section and shall include:  (A) An assessment of the radiological and nonradiological impacts to the public health;  (B) An assessment of any impact on any waterway and groundwater;  (C) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and  (D) Consideration of the long-term impacts including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after the decommissioning, decontamination, or reclamation; and    (5) The agency shall prohibit any major construction with respect to any activity for which an environmental impact analysis is required by subdivision (a)(4) of this section before completion of such an analysis.    (b)  (1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may without notice or hearing issue a rule or order reciting the existence of the emergency and requiring that the action be taken as is necessary to meet the emergency.  (2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately.  (3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency, shall be afforded a hearing within ten (10) days.  (4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing.    (c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of issuance of the order.  
 It is the policy of the State of Arkansas, in furtherance of its responsibility to protect the public health and safety, to institute and maintain a regulatory program for the control of radiation from electronic products in order to provide for compatibility with standards and regulatory programs of the United States Government an effective system of regulation within this state and a system consonant insofar as possible with those of other states. 
 It is the purpose of this subchapter to effectuate the policies set forth in  20-21-301 by providing for a program:   (1) Of effective regulation of radiation emitted from electronic products or components of electronic products for the protection of the occupational and public health and safety;  (2) To promote an orderly regulatory pattern within this state, among the states, and between the United States Government and this state and to facilitate intergovernmental cooperation; and  (3) To establish procedures for assumption and performance of certain regulatory responsibilities with respect to the manufacture, distribution, installation, repair, or use of electronic products.  
 As used in this subchapter:   (1) Electronic products means any manufactured product or device or component part of that product or device which during operation can generate or emit a physical field of radiation;  (2) Person means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, or any legal successor, representative, agent, or agency of the foregoing, other than agencies of the United States Government or any successor thereto; and  (3) Radiation means any electromagnetic or ionizing radiation which can be generated during the operation of electronic products.  
 (a) Any person that willfully violates any of the provisions of this subchapter or rules or orders in effect pursuant to this subchapter of the State Electronic Product Control Agency shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.  (b) Each day of violation shall be considered a separate offense and shall be punishable as such.  
 (a) The State Electronic Product Control Agency or its authorized representatives shall have the power to enter at all reasonable times upon any private or public property on or in which electronic products are being manufactured, distributed, used, or repaired for the purpose of determining whether or not there is compliance with or violation of this subchapter and rules issued under this subchapter. However, entry into areas under the jurisdiction of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative.  (b) In the event of an emergency, the agency shall have the authority to impound or order the impounding of electronic products in the possession of any person who is not equipped to observe or fails to observe the provisions of this subchapter or any rules issued under this subchapter.  (c) Whenever in the judgment of the agency any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, then at the request of the agency, the Attorney General may make application to a court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance and, upon a showing by the agency that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.  
 (a) The State Board of Health is designated as the State Electronic Product Control Agency.  (b) The Secretary of the Department of Health shall be Director of the State Electronic Product Control Agency and shall perform the functions vested in the agency pursuant to this subchapter.  (c) In accordance with the laws of the State of Arkansas, the agency may employ, compensate, and prescribe the powers and duties of such individuals as may be necessary to carry out this subchapter.  (d) For the protection of the occupational and public health and safety, the agency shall:  (1) Develop such programs as the agency determines are necessary for the evaluation and control of radiation hazards associated with the use of electronic products;  (2) Develop programs and formulate, adopt, promulgate, and repeal codes and rules with due regard for compatibility with federal programs for licensing and regulation of certain electronic products and radiation therefrom;  (3) Issue such orders, or modifications thereof, and conduct such hearing proceedings as may be necessary under this subchapter;  (4) Advise, consult, and cooperate with other governmental agencies and with other groups concerned with the control of radiation from electronic products;  (5) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government or from other sources, public or private;  (6) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation from electronic products; and  (7) Collect and disseminate information relating to its functions, including:  (A) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;  (B) Maintenance of a file of registrants requiring registration under this subchapter and any administrative or judicial action pertaining to this subchapter; and  (C) Maintenance of a file of all rules relating to regulation of radiation from electronic products, pending or promulgated, and proceedings thereon.      
 It shall be unlawful for any person to use, manufacture, distribute, install, repair, acquire, own, or possess an electronic product except in conformance with rules for licensing or registration for that product, if any, promulgated in accordance with this subchapter. 
 (a) The State Electronic Product Control Agency may:  (1) Require registration or licensing for the manufacture, distribution, installation, repair, and use of electronic products or component parts of such products and for which rules have been promulgated as specified in  20-21-306(d)(2); and  (2) Exempt certain electronic products from the licensing or registration requirements set forth in this section when the agency makes a determination that the exemption of the electronic products or kinds of uses or users of the products will not constitute a significant risk to the health and safety of the public.    (b) Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses as the agency may deem desirable, subject to such registration requirements as the agency may prescribe.  
 (a) Each person who manufactures, distributes, installs, repairs, or uses electronic products shall establish and maintain such records, make such reports, and provide such information as the State Electronic Product Control Agency may by rule reasonably require to enable the agency to determine the compliance of the person with this subchapter.  (b) Any report or information concerning trade secrets or secret industrial processes obtained under this subchapter shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the agency.  
 The State Electronic Product Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter. 
 The State Electronic Product Control Agency may enter into agreements or contracts with the United States Government, other states, or interstate agencies whereby this state will perform inspections or other functions relating to the control of radiation from electronic products on a cooperative basis with the United States Government, other states, or interstate agencies. 
 (a) In any of the proceedings under this subchapter, the State Electronic Product Control Agency shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding and shall admit the person as a party to the proceeding:  (1) For the issuance or modification of rules relating to radiation from electronic products;  (2) For granting, suspending, revoking, or amending any license; or  (3) For determining compliance with or granting exceptions from rules of the agency.    (b)  (1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency, without notice or hearing, may issue a rule or order reciting the existence of an emergency and requiring that such action be taken as is necessary to meet the emergency.  (2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately.  (3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency within ten (10) days, shall be afforded a hearing within thirty (30) days.  (4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing.    (c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of receipt of the order.  
 (a) It is found and determined by the General Assembly that the operation of nuclear generating facilities in this state raises the possibility of adverse health and ecological effects which could result from radiological incidents or accidents at those facilities and that it is essential to the health and welfare of the citizens of this state and particularly those in close proximity to the facilities that a program be initiated to provide for continuous environmental surveillance in the area of nuclear generating facilities and to initiate and formulate plans and procedures for immediate emergency response capability in the event of an accident or incident which might endanger the lives or property of persons.  (b) The General Assembly further determines that it is appropriate that the utility operating the facilities bear the cost associated with preparing and implementing plans to deal with the effects of nuclear accidents or incidents.  (c) Therefore, it is the purpose and intent of this subchapter to initiate a program to deal with this matter and to charge the Department of Health with the responsibility of carrying out the program and to provide for funding the program through fees or assessments against utilities operating nuclear generating facilities.  
 (a) The Department of Health shall carry out a Nuclear Planning and Response Program designed to protect the lives and property of persons of this state from radiation hazards and other hazards which may result from the establishment and operation of nuclear electrical generating facilities in this state.  (b) The program shall include:  (1) Continuous environmental radiation surveillance in the area of any nuclear generating facility;  (2) The training and education of persons residing in the areas regarding nuclear hazards and protective measures to be taken in the event of a radiological incident or accident;  (3) A plan for immediate emergency response capability in the event of an incident or accident at the facility;  (4) The dissemination of information to the public pertaining to radiation hazards;  (5) Protective measures, evacuation procedures, and other appropriate actions to be taken in the event of a radiation incident or accident; and  (6) Such other matters as the department shall determine to be necessary or appropriate to educate, inform, and equip citizens of this state to deal with any incident or accident at or resulting from the operation of nuclear generating facilities.    (c) To carry out the responsibilities provided for in this subchapter, the department may employ such personnel as is deemed necessary to the extent that funds are appropriated therefor by the General Assembly.  
 (a)  (1) The Chief Fiscal Officer of the State shall annually determine the approximate amount of funds which will be necessary for the operation and maintenance of the Nuclear Planning and Response Program. This amount shall not be in excess of the total amounts appropriated for the program by the General Assembly for the particular year.  (2) The Secretary of the Department of Health shall certify the amount to each utility in the state which maintains and operates one (1) or more nuclear generating facilities in the state. The Chief Fiscal Officer of the State shall then notify each utility of the portion of the amount to be paid by each utility.    (b) The cost of maintaining and operating the program shall be apportioned to the utilities in this state operating nuclear generating facilities in such proportions as the Chief Fiscal Officer of the State shall determine to be most appropriate and equitable.  
 (a) There is levied and there shall be collected annually from each utility in this state which operates one (1) or more nuclear generating facilities a fee in such amount as shall be determined by the Chief Fiscal Officer of the State in the manner prescribed in this subchapter.  (b) The fees so levied against each utility shall be remitted by the utility to the Secretary of the Department of Health within thirty (30) days after the amount thereof is certified by the Chief Fiscal Officer of the State.  (c) If any utility shall fail or refuse to pay the fees as provided in this section within the time prescribed, the secretary shall add to the fee a penalty of twenty-five percent (25%) thereof and shall certify the amount of the delinquent fee and penalty to the Attorney General for collection.  
 All funds collected by the Chief Fiscal Officer of the State pursuant to this subchapter shall be deposited into the State Treasury as special revenues, and the full amount thereof shall be credited to the Arkansas Nuclear Planning and Response Fund. The fund shall be used exclusively for the operation and maintenance of the Nuclear Planning and Response Program. 
 As used in this subchapter:   (1) Chief executive officer means the county judge of each county in this state;  (2) Cooperative agreement means the written instrument which sets forth the conditions to be met by each county in order to qualify for grant funds authorized by this subchapter;  (3) Division of Health means the Nuclear Planning and Response Program of the Division of Radiation Control and Emergency Management of the Department of Health, with the Secretary of the Department of Health having the ultimate authority over any activities conducted by that program, division, and department;  (4) Failure to perform means:  (A) Utilization of grant funds which is inconsistent with the terms of the cooperative agreement;  (B) Failure to demonstrate the capability to carry out the minimum responsibilities as defined in the cooperative agreement; or  (C) Failure to adhere to the conditions or requirements of the cooperative agreement;    (5) Local government means the cities, towns, municipalities, or other political subdivisions, or agencies thereof, located within a county in this state; and  (6) Radiological response plan means the specific operational procedures to be performed by the citizens of each county in the event of either an actual or a practice nuclear emergency.  
 (a) The Department of Health shall serve as the administering and disbursing agency for a program of issuing grants to those local governments located in such close proximity to nuclear-powered electricity generating facilities in this state that federal regulations or state rules require those local governments to maintain nuclear disaster response procedures and precautions.  (b) Grants shall be issued by the department to the county governments in the affected areas, and the chief executive officer of each county shall be the agent of the county in entering into any agreements with the department in order to receive funds. He or she shall also be the agent of the county in entering into agreements with officials of the local governments or their agencies within each county to disburse the funds.  
 (a)  (1) Before the award of a grant to a county for the purposes described in this subchapter, the Department of Health shall draw up a proposal for a cooperative agreement between the State of Arkansas and the eligible counties in this state.  (2) The proposal shall set forth the activities to be conducted by the county under its radiological response plan as a prerequisite for receipt of grant payments.  (3) The proposed cooperative agreement shall include:  (A) The responsibilities of the county as prescribed in the county's radiological response plan and the state emergency operations plan, as amended;  (B) The means by which the county will demonstrate that it can meet its designated responsibilities, as defined in subdivision (a)(3)(A) of this section, including, but not limited to, program audits, test exercises, or operational readiness evaluations;  (C) The methods of distribution of grant funds to local governments and their agencies to provide a fair opportunity for all political subdivisions within the county to benefit from grant funds;  (D) The intended use of grant funds as reflected in an annual budget to correspond with the state fiscal year; and  (E) Any other information determined by the department to be necessary to ensure compliance with state rules or federal regulations and to ensure that all expenditures of grant funds are in direct support of radiological emergency planning or response.      (b)  (1) The department shall submit a proposal for a cooperative agreement to the chief executive officer of each county sixty (60) days before the beginning of the state fiscal year.  (2) The fully executed cooperative agreement shall be in effect by August 1 of the state fiscal year.  (3) A cooperative agreement is fully executed when it is duly signed by the Director of the Division of Radiation Control and Emergency Management of the Department of Health, as the representative of the department, and the county judge as the chief executive officer of the county.    (c) Variances from any portion of the cooperative agreement shall be approved in writing by the director before implementation of the variance.  (d)  (1) Failure to perform shall result in either suspension of funds for a specified period or complete revocation of the agreement. The specific penalty shall be determined following an assessment of the degree of seriousness imposed by the breach of agreement.  (2) The reinstatement of eligibility for a county so penalized shall occur only after satisfactory demonstration that the conditions or situations resulting in the penalty have been corrected.  (3) Written notice shall be given to the chief executive officer by the director citing the reason for the penalty and the steps necessary to regain agreement eligibility.    
 In disbursing funds to eligible counties which have satisfactorily fulfilled the requirements of the cooperative agreement as set out in  20-21-503, the Department of Health shall remit a maximum of ten thousand dollars ($10,000) to each of the eligible counties to be payable during the second month of each quarter of the state fiscal year, which months are August, November, February, and May. The payments shall be made in equal quarterly installments of not to exceed two thousand five hundred dollars ($2,500). 
 The chief executive officer of the county shall be responsible for submitting the following progress reports:   (1) Quarterly Fiscal Report. Within thirty (30) days following the end of each fiscal quarter, a report detailing the expenditure of grant moneys shall be submitted to the Nuclear Planning and Response Program of the Division of Radiation Control and Emergency Management of the Department of Health. The next quarter's funds shall not be authorized until receipt of the report covering the preceding quarter; and  (2) Year-End Program Report. Within thirty (30) days of the completion of the state fiscal year, a report shall be submitted to the program containing the fourth quarter fiscal report and a narrative report on the status of the county's ability to implement its radiological response plan.  
 It is the policy of the State of Arkansas to provide a coordinated effort to enhance the capability of the individual state and local agencies to carry out their statutory response requirements in the event of a nuclear power plant accident at Arkansas Nuclear One, Units One and Two. 
 It is the purpose of this subchapter to establish a Nuclear Planning and Response Program Advisory Committee which will serve as a coordination point for state and utility officials and whose meetings will provide a place whereby the public may discuss with their elected public officials, state officials, and the utility matters of concern pertaining to their safety and emotional wellbeing as they relate to the generation of electricity from Arkansas Nuclear One, Units One and Two. 
 (a)  (1) The Nuclear Planning and Response Program Advisory Committee shall be established and shall be composed of the following elected officials:  (A) The county judge of Conway County, Arkansas;  (B) The county judge of Johnson County, Arkansas;  (C) The county judge of Logan County, Arkansas;  (D) The county judge of Pope County, Arkansas;  (E) The county judge of Yell County, Arkansas;  (F) The mayor of Atkins, Arkansas;  (G) The mayor of Clarksville, Arkansas;  (H) The mayor of Danville, Arkansas;  (I) The mayor of Dardanelle, Arkansas;  (J) The mayor of Dover, Arkansas;  (K) The mayor of Knoxville, Arkansas;  (L) The mayor of London, Arkansas;  (M) The mayor of Morrilton, Arkansas;  (N) The mayor of Paris, Arkansas; and  (O) The mayor of Russellville, Arkansas.    (2) A committee member may designate a proxy, in writing, to serve in his or her absence.    (b) The committee shall:  (1) Be aware of the ongoing programs of the Nuclear Planning and Response Program as they relate to continuous environmental radiation surveillance, training and education of persons residing in the ten-mile Emergency Planning Zone, immediate emergency response capability, dissemination of information to the public, and evacuation procedures;  (2) Advise on the applicability of any federal guidelines that may affect their respective towns and counties;  (3) Review and comment regarding the operations and coordination of required annual exercises as they relate to their off-site emergency capabilities to respond to a radiological incident at Arkansas Nuclear One, Units One and Two;  (4) Meet at least one (1) time in each fiscal year and at other times on the call of the Director of the State Radiation Control Agency or his or her designee. A written and timely notice of the time, place, and purpose of meetings shall be mailed by the State Radiation Control Agency to all committee members; and  (5) Conduct meetings in such a fashion that the local public has received adequate notice and that space is provided for attendance.    (c) Committee members may receive expense reimbursement from the Arkansas Nuclear Planning and Response Fund in accordance with  25-16-901 et seq.  
 This subchapter may be cited as the Arkansas Comprehensive Fire Protection Act of 1993. 
 Because of the existing and increasing occurrence of fires that damage and destroy the public and private property of the citizens of Arkansas and because of the increase in population and structures that form the residences, businesses, and institutions of this state and its business, industrial, and environmental resources and threaten the safety, health, and welfare of its citizens, it is found and declared to be necessary:   (1) To facilitate the cooperation and efficient coordination of the current state functions related to fire prevention, training, and management through the Office of Fire Protection Services for more effective and economical use of existing personnel, equipment, facilities, and resources;  (2) To provide a fire services management system to be responsive to local government for current and future fire services needs related to continued population and economic growth;  (3) To direct the designation of fire protection services liaisons within each affected state department or agency and each local government; and  (4) To prepare, develop, formulate, and engage in a comprehensive program for the orderly coordination, cooperation, and development of fire protection services resources of the State of Arkansas and its local governments, to be referred to as the Arkansas Fire Protection Services Resources Plan.  
 As used in this subchapter:   (1) Adjunct services refers to those activities related to or performed by a fire services agency, such as hazardous and toxic materials response and recovery, search and rescue, and such other functions as may be assigned to or reasonably expected of a local fire services agency;  (2) Fire mitigation means, but is not limited to, those activities designed to lessen the impact of fire upon structures, persons, or the natural environment;  (3) Fire prevention means, but is not limited to, those actions taken directly or indirectly by an entity of state, county, or municipal government to prevent the occurrence of fire, whether the result of accident or through arson;  (4) Fire services means those functions of firefighting, fire prevention, fire mitigation, fire training, and fire administration performed by rural or municipal, volunteer or paid professional firefighters and fire departments created in accordance with the laws of the State of Arkansas;  (5) Fire training refers to those teaching, educational, or training activities conducted to improve the ability of an individual or a fire department to contain, suppress, or otherwise reduce the danger incurred from fire and includes not only technical training on the use of equipment and resources for fire suppression but also those administrative, training, fiscal, and other programs designed to enhance an individual's or a fire department's ability to perform his or her or its assigned duties; and  (6) Local government means a county, city of the first class, city of the second class, or an incorporated town, a fire protection district, a subordinate services district of a county, an improvement district organized to provide fire services, or any other fire department created in accordance with the laws of the State of Arkansas.  
 (a) The Office of Fire Protection Services shall have the following duties and functions:  (1) To be responsible for carrying out the administrative functions and directives of the Arkansas Fire Protection Services Board and for managing those activities prescribed for the board under  14-284-401 et seq.;  (2) To act as coordinator of the activities for the programs and functions prescribed under this subchapter;  (3) To act as the point of contact for the State of Arkansas concerning federal, state, and local fire services-related programs;  (4) To advise and direct the designation of fire services liaisons within each affected state department or agency and each local government;  (5) To prepare, publish, and keep current a listing of the various fire services agencies of the state and its local governments and the firefighting, prevention, training, mitigation, and adjunct services they are trained and equipped to perform; and  (6) To facilitate and coordinate the preparation, formulation, and development of the Arkansas Fire Protection Services Resources Plan, a comprehensive plan for the orderly coordination, cooperation, and development of fire services resources of the State of Arkansas and its local governments.    (b)  (1) The office shall have those professional, technical, secretarial, and administrative employees as may be necessary to carry out the functions of this subchapter.  (2) The office may make the expenditures within the appropriation therefor made available to it from whatever sources for the purpose of fire services coordination as may be necessary to carry out the functions of this subchapter.    (c) The office shall coordinate the activities prescribed under this subchapter and shall cooperate with and receive cooperation from the following fire services agencies of the State of Arkansas:  (1) The State Fire Marshal, who is responsible for providing the services and functions related to the investigation of arson and enforcement of arson laws, fire safety, public awareness, and other functions as may be specified by law for the office;  (2) The Arkansas Fire Training Academy, which shall provide fire services and adjunct training and education services as are required to ensure the maximum possible professionalism and competence of firefighters in Arkansas; and  (3) The Rural Fire Protection Service of the Arkansas Forestry Commission, which shall provide refurbished and repaired vehicles and other equipment for firefighting operations and which provides technical assistance and guidance to rural fire protection districts.    (d) All state agencies involved in 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 cooperate to the fullest extent possible with the office in the performance of their duties and functions under this subchapter.  
 (a) The Office of Fire Protection Services shall facilitate and coordinate, with the cooperation and assistance of the fire services agencies listed in  20-22-1004(c), the development and formulation of a comprehensive program for the orderly coordination, cooperation, and development of resources of the State of Arkansas and its local governments, to be referred to as the Arkansas Fire Protection Services Resources Plan. The plan shall include plans:  (1) For providing fire services in the various rural areas of this state which do not have available the benefits or services of an organized or voluntary firefighting program;  (2) For updating and improving fire services in urban, suburban, and rural areas which have fire services but which need improvements and for assisting existing organized or volunteer firefighting services in making those improvements;  (3) On the type, needs, and means to procure firefighting vehicles and equipment for fire services agencies of local governments;  (4) On developing training programs designed to instruct and train firefighters at the Arkansas Fire Training Academy to be employed or used by both urban and rural organized and volunteer fire services agencies;  (5) To coordinate the efforts of all state and local government fire services agencies for the purpose of making maximum use of the services and resources for the prevention and mitigation of injury and damage caused by fire and other hazards;  (6) To measure the prompt and effective response to fires and other hazards and disasters;  (7) To identify areas particularly vulnerable to fire and hazards and other disasters; and  (8) To make recommendations for improvements in the firefighting, prevention, training, mitigation, and adjunct services for state and local fire services agencies.    (b) In coordinating the preparation and revision of the plan, the office shall seek the advice and assistance of and cooperate with state agencies, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, with all fire services agencies of local governments, with business, labor, industry, agriculture, civic and volunteer organizations, and with community leaders.  (c) The plan or any part thereof may be incorporated into rules of the office, the Division of Emergency Management, or executive orders which have the force and effect of law.  
 (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.  
 All fire services agencies of the state, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, and all fire services agencies of local governments, to the maximum extent practicable, shall utilize services, facilities, equipment, and personnel of their existing departments, offices, and agencies to carry out the provisions of this subchapter. 
 The General Assembly finds and declares that:   (1) A significant part of the population of this state needs improved fire prevention;  (2) The establishment and maintenance of a coordinated program for fire prevention for the entire state is necessary to protect the safety and wellbeing of the citizens and residents of this state;  (3) Adequate fire prevention is more likely to become a reality when certain provisions are enacted by law; and  (4) Fire prevention is a public purpose and a responsibility of government for which public funds may be spent.  
 (a)  (1) The State Fire Prevention Commission shall be composed of eleven (11) residents of the State of Arkansas.  (2) Membership of the State Fire Prevention Commission shall consist of the following members by virtue of their office:  (A) The State Fire Marshal or his or her designee;  (B) The Director of the Arkansas Fire Training Academy or his or her designee; and  (C) The Chair of the Arkansas Forestry Commission or his or her designee.    (3) The following members of the State Fire Prevention Commission shall be appointed by the Governor:  (A) One (1) volunteer firefighter below the rank of chief;  (B) One (1) volunteer fire chief or chief officer of a voluntary municipal fire department;  (C) One (1) full-time fire chief or chief officer of a municipality having a population of more than sixty thousand (60,000) residents;  (D) One (1) full-time firefighter or fire department officer of a municipality having a population of less than sixty thousand (60,000) residents;  (E) Two (2) members at large active in fire protection or safety; and  (F) Two (2) persons representing the general public.      (b) Appointed members shall be appointed to three-year terms. All appointed members shall serve until their respective successors are appointed and qualify.  (c) Vacancies shall be filled by appointment by the Governor for the unexpired terms.  (d) The members of the State Fire Prevention Commission shall serve without compensation but may receive expense reimbursement in accordance with  25-16-901 et seq.  
 The Department of Public Safety shall provide staff, office space and supplies, and other assistance as may be necessary for the day-to-day operation of the State Fire Prevention Commission and its activities. 
 (a) The State Fire Prevention Commission may:  (1)  (A) Obtain all necessary information from fire departments, police or sheriffs' departments, the Division of Arkansas State Police, other state agencies, clinics, insurance companies, or any other person with regard to fire, its causes, and its methods of prevention.  (B)  (i) Notwithstanding any provision of law to the contrary, information furnished under this subsection shall be confidential and maintained as such if so requested by the persons providing the information.  (ii) Nothing in this subsection shall prohibit the use of confidential information to prepare statistics or other general data when it is presented so as to prevent identification of the source of information; and      (2) Receive and expend funds obtained from the United States Government or other sources by means of contracts, grants, awards, gifts, and other devices in support of fire prevention-related scientific and technical programs, studies, or other operations beneficial to the state.    (b) The State Fire Prevention Commission shall have the following duties and responsibilities:  (1) Develop a plan for statewide fire prevention, including plans for urban and rural fire prevention;  (2) Develop and maintain a fire prevention database upon which decisions concerning fire prevention and policy may intelligently be made;  (3) Identify state needs relative to fire prevention, including specific needs of urban and rural areas;  (4) Recommend actions to meet identified state needs relative to fire prevention;  (5) Monitor and review the effectiveness of existing and proposed fire prevention programs;  (6) Maintain an awareness of fire prevention research and development of importance to the state in order to promote information exchange and coordination of efforts;  (7) Recommend legislative and executive action to encourage development of fire prevention resources and the efficient utilization of the resources;  (8) Administer a public fire prevention awareness program to inform the public of the importance and methods of fire prevention;  (9) Advise the General Assembly, the Governor, the State Fire Marshal, the Arkansas Forestry Commission, the Director of the Arkansas Fire Training Academy, the Director of the Division of Arkansas State Police, and the Insurance Commissioner on fire prevention and program matters of importance to each;  (10) Advise on the delegation of responsibilities to state agencies responsible for fire prevention and policy and recommend resolution of conflicts between the various agencies on fire prevention matters;  (11) Develop an annual report on the activities of the State Fire Prevention Commission and transmit the report to the Secretary of the Department of Public Safety and the General Assembly on or before November 30 annually; and  (12) Coordinate activities with the Federal Emergency Management Agency and any of the other federal or state agencies involved with fire prevention matters.    
 All other state agencies shall cooperate and coordinate with the State Fire Prevention Commission to the utmost degree within the range of action permissible within statutory authority. 
 (a) The Arkansas Forestry Commission shall designate those employees who shall have the powers of peace officers in the enforcement of the fire laws, the laws pertaining to the unlawful disposal of solid waste when the unlawful disposal occurs on forest land, and any criminal laws pertaining to the unlawful damage, vandalism, or theft of trees, timber, logs, or personal property when the personal property is used in forestry or logging operations.  (b) Commission employees and fire crews under their direction or control shall be allowed to enter any lands, construct fire lines, set backfires, and obtain water, if necessary, to stop a fire then actually burning or to do other work necessary in the performance of their duties without liability for trespass or reasonable damage therefrom.  (c) Upon request of the landowner or the landowner's agent and after the wildfire danger has subsided, the commission or fire crews under its direction or control shall replace the water obtained under the authority of this section.  
 (a)  (1) Any person in this state who desires to burn forest vegetation, including debris from land clearing, shall notify the Arkansas Forestry Commission of the person's intention to burn. Notification of the proposed burning shall include the time and location of the intended burning and other facts which the person or the commission may deem relevant.  (2) This notification requirement shall not apply to the open burning of yard wastes as those terms are defined in  8-6-1701.    (b) The landowner or other person having charge of the land or his or her agent shall be present and in attendance at the time of the burning.  (c) There shall be no liability on the part of the State of Arkansas, the commission, or any personnel of the commission for damages caused by the burning of forest vegetation under the provisions of this section.  (d) It is the intention of this section that the commission may assist or advise local landowners or their agents in the burning of forest vegetation.  (e) This section shall not apply unless the forest vegetation or debris from land clearing to be burned weighs at least one (1) ton.  
 (a) Any fire on any forested, cut-over, brushlands, or grasslands burning uncontrolled is declared a public nuisance by reason of its menace to life or property.  (b)  (1) Any person, firm, or corporation responsible for either the starting or the existing of such a fire is required to control or extinguish it immediately, and, if the person, firm, or corporation shall refuse, neglect, or fail to do so, the Arkansas Forestry Commission and any other organized fire suppression force may summarily abate the nuisance thus constituted by controlling or extinguishing the fire. The person, firm, or corporation responsible for the fire shall be liable for payment of all reasonable costs and expenses incurred in suppressing the fire.  (2) Should the costs and expenses of suppression not be paid within ninety (90) days of the invoice date, then the costs shall be recoverable by civil action.    
 (a) Persons, firms, or corporations starting or being responsible for fires that cause damage to any other person shall make satisfaction in double damage to the party injured.  (b) Damages are to be recovered by civil action.  
 No bond for costs shall be required in any courts of this state for prosecution for violation of  20-22-301, 20-22-303, 20-22-304, 20-22-306, and this section. 
 Conviction for violation of  5-38-310 or any part of  5-38-311 shall be prima facie evidence of responsibility in civil action to recover damages or suppression costs under  20-22-304. 
 The General Assembly finds that it is desirable that every licensed long-term care facility in this state install and maintain either a sprinkler system throughout the facility or an approved smoke or particle sensor device system with visual signals outside each patient room. 
 The smoke or particle sensor devices required to be installed in nursing homes by this subchapter shall be maintained in working order by the respective long-term care facilities at all times. 
 (a) Licensed long-term care facilities participating in the Title XIX cost reimbursement program for long-term care facilities which elect to install smoke or particle sensor devices shall claim reimbursement for approved purchase and installation costs over a five-year period on the annual statistical and financial report as required by the Office of Long-Term Care, in order to assure this state's receipt of federal financial participation.  (b) The costs will be considered allowable for reimbursement purposes when capitalized over a five-year period and depreciated on a straight-line basis.  (c) Reimbursement in these instances shall be made through the normal prospective rate-setting procedures based on historical cost report data.  
 The Office of Long-Term Care of the appropriate division as determined by the Secretary of the Department of Human Services may adopt appropriate rules to carry out the purpose and intent of this subchapter. 
 (a) Every person, firm, partnership, copartnership, association, corporation, or other business entity owning or operating any hotel, motel, apartment building, or other similar multiple-occupancy facility affected by this subchapter shall, with respect to buildings constructed before July 19, 1971, bring the buildings within conformance to this subchapter on or before July 19, 1972.  (b) All new hotels, motels, apartment buildings, or other similar multiple-occupancy facilities constructed from and after July 19, 1971, shall conform to this subchapter.  
 (a)  (1) Every person operating any hotel, motel, apartment building, or other similar multiple-occupancy facility who shall fail or refuse to properly install and maintain an emergency lighting system, fire escape stairway and ladders, and a fire alarm system, in accordance with this subchapter, shall be guilty of a violation.  (2) Upon conviction, the person shall be subject to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).    (b) Every day that such a violation continues shall constitute a separate offense.  
 (a) Every person operating any hotel, motel, apartment building, or other similar multiple-occupancy facility shall employ one (1) or more persons who shall be on duty on the premises, when they are occupied, from 6:00 p.m. until 8:00 a.m. seven (7) days a week.  (b) It shall be the duty of the persons to enforce all fire, police, and safety rules and to prevent entry to the premises by unauthorized persons or, if the unauthorized entry cannot be prevented, to report it to proper authorities.  
 (a) Any hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall be equipped with an emergency lighting system, including exit lights, corridor lights, exit stairway lights, and an emergency source of power capable of furnishing sufficient power to operate the emergency lighting system in the building in case of failure of the main lighting system.  (b) The emergency lighting system required in this section shall be so designed that it will be automatically activated by a disruption of electrical power for any reason.  
 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. 
 (a) Every hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall also be equipped with a fire alarm system conforming to the minimum requirements of the Arkansas Fire Prevention Code.  (b) The fire alarm system shall consist of at least one (1) bell or warning device on each floor so situated as to provide a clearly audible warning to persons in every room on the floor.  
 A copy of this subchapter shall be posted in each guest room or suite of all hotels, motels, apartment buildings, or other similar multiple-occupancy facilities subject to this subchapter. 
 It is the purpose and intent of this subchapter to provide for monitoring the sale, installation, and servicing of portable fire extinguishers and the sale, installation, and servicing of fixed fire protection systems and the planning, sale, installation, and servicing of fire protection sprinkler systems and to provide for the registration, licensure, and monitoring of businesses and persons providing the services, in order to protect and promote public safety by minimizing personal injury and property damages which might result from inadequate, unreliable, unsafe, or improperly installed or maintained portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems. 
 As used in this subchapter:   (1) Apprentice means a qualified person:  (A) Enrolled as required in an apprenticeship program recognized by the Arkansas Fire Protection Licensing Board; and  (B) Who may perform work entitled by the licensee under the direct supervision of a licensed employee;    (2) Fire protection sprinkler system means:  (A) An assembly of underground, overhead, or other piping or conduits that convey water with or without other agents to fire sprinkler heads, fire sprinkler nozzles, interior fire hoses, or other devices in order to extinguish, control, or contain fire and so provide protection from exposure to fire or the products of combustion; and  (B) A standpipe and hose system as defined under the provisions of National Fire Protection Association pamphlet number fourteen (No. 14): Standard for the Installation of Standpipe and Hose Systems;    (3) Fire protection sprinkler system business means firms engaged in the planning, fire protection layout, selling, installing, maintaining, inspecting, or servicing of fire protection sprinkler systems, including without limitation standpipes, hose stations, and fire pumps;  (4) Fire protection sprinkler systems inspector means a qualified person who:  (A) Is employed full time by a licensed fire protection sprinkler contractor in the State of Arkansas and who has met the requirements to perform inspections of fire protection sprinkler systems in accordance with this subchapter; and  (B) May perform corrections of deficiencies from an inspection;    (5) Firm means any person, partnership, corporation, or association;  (6) Fixed fire protection systems means fire extinguisher or fire suppression systems, including without limitation:  (A) Fire extinguishing or fire suppression systems installed to protect the hoods and ductwork of exhaust systems designed for the removal of smoke and grease-laden vapors from commercial cooking equipment; and  (B) Listed or approved fire protection systems or suppression systems installed and maintained according to the standards adopted in the rules of the Arkansas Fire Protection Licensing Board;    (7) Hydrostatic testing means pressure testing by hydrostatic methods;  (8) Portable fire extinguisher means any device that contains within it chemicals, fluids, powder, liquids, or gases for extinguishing fires;  (9) Qualified person means a person meeting the qualifications under  20-22-611;  (10) Responsible managing employee means an individual who is a full-time licensed employee of a registered fire protection sprinkler system business and who is designated by the fire protection sprinkler system business to be responsible for assuring that all installations and servicing of fire protection sprinkler systems are performed in accordance with all applicable provisions, rules, and guidelines;  (11) Service and servicing means physically installing portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems by charging, filling, maintaining, recharging, refilling, repairing, hanging, locating, or retesting the portable fire extinguisher, fixed fire protection system, or fire protection sprinkler system; and  (12)  (A) Sprinkler fitter means a qualified person to oversee:  (i) An apprentice; or  (ii) The initial installation or servicing of fire protection sprinkler systems.    (B) A sprinkler fitter may perform corrections of deficiencies from an inspection.    
 The provisions of this subchapter do not apply to the following:   (1) The filling or charging of a portable fire extinguisher by the manufacturer before its initial sale;  (2) The visual inspections by a firm of its own portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems by its own personnel who are specifically trained to conduct visual inspections;  (3) The hydrostatic testing by a firm of its own United States Department of Transportation-specification compressed gas cylinders used for or with fire extinguishers or its own pressure vessels, other than United States Department of Transportation-specification cylinders used as fire extinguishers, when the testing is performed by personnel of the firm who have been specially trained to perform the testing;  (4) Firms engaged in the retailing or wholesaling of portable fire extinguishers as defined in  20-22-602 but not engaged in the installing, servicing, or recharging of portable fire extinguishers are exempt from the registration and licensing provisions outlined in  20-22-610, but all other provisions of this subchapter shall apply;  (5) Fire departments recharging portable fire extinguishers for fire department use only if:  (A) The fire department personnel performing the services are trained in the proper filling and recharging of the portable fire extinguishers;  (B) All work is performed according to the standards adopted and the rules of the Arkansas Fire Protection Licensing Board and the National Fire Protection Association pamphlet number ten (No. 10): Standard for Portable Fire Extinguishers;  (C)  (i) Each of the fire department personnel performing the filling and recharging of the portable fire extinguishers holds a current applicable individual license issued by the board.  (ii) Only portable fire extinguishers owned by the particular fire department are subject to this exception; and    (D) All registration and licensure fees for licenses issued for these individual licenses are waived; and    (6) The hydrostatic testing (Class A Hydro list) by a firm of United States Department of Transportation-specification compressed gas cylinder used for or with a portable fire extinguisher or a fixed fire protection system owned by other firms or individuals:  (A) When the testing is performed by personnel who have been specifically trained to perform the testing;  (B) When the firm is currently licensed or permitted by the United States Department of Transportation to perform Class A Hydro tests; and  (C) Where the hydrostatic testing of the cylinders is the only service performed on behalf of the individual or firm or its agent which owns the cylinder.    
 (a) The Arkansas Fire Protection Licensing Board, in a lawful proceeding respecting licensing as defined in the Arkansas Administrative Procedure Act,  25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of any statute, rule, or order enforceable by the board.  (b) In addition to the penalties under subsection (a) of this section, the board also may take action against any firm or individual by suspending or revoking the firm's or individual's license, placing the firm or individual on probation, or refusing to issue new or renewal licenses or certificates.  (c) The board may require a firm to pay all necessary and proper costs incurred by the board in the preparation, conduct, and findings of a hearing involving correcting the action or work performed in violation of a statute, rule, or order enforceable by the board.  
 (a) The Division of Occupational and Professional Licensing Boards and Commissions and other state and local agencies and officers may cooperate with and assist the Arkansas Fire Protection Licensing Board in administering and enforcing this subchapter by reporting to the board any violations of this subchapter or any failure to comply with this subchapter or the policies adopted by the board pursuant to the authority granted in this subchapter.  (b) When any violation of this subchapter or of any policy of the board adopted pursuant to this subchapter is discovered by or reported to the board, the board shall investigate the violation and take appropriate action.  
 (a)  (1) There is created the Arkansas Fire Protection Licensing Board, which shall be composed of eleven (11) members who are residents of the state and who shall be appointed by the Governor for terms of five (5) years. The eleven (11) members shall be constituted as follows:  (A) One (1) member shall be an industrial safety representative;  (B) One (1) member shall be the State Fire Marshal;  (C) One (1) member shall be a representative of a state association of fire chiefs;  (D) One (1) member shall be a representative of the fire insurance industry;  (E) Two (2) members shall be representatives of large industrial users of fire suppression equipment;  (F) One (1) member shall be a representative of a restaurant association;  (G) Two (2) members shall be active in the installation and servicing of portable fire extinguishers or fixed fire protection systems; and  (H) Two (2) members shall be active in the installation and servicing of fire protection sprinkler systems.    (2) Each of the four (4) congressional districts in the state shall be represented by at least one (1) member.  (3) Each of the members shall be experienced and knowledgeable in one (1) or more of the following areas:  (A) The installation or servicing of:  (i) Portable fire extinguishers;  (ii) Fixed fire protection systems; and  (iii) Fire protection sprinkler systems;    (B) The manufacturing of fire suppression equipment;  (C) The fire insurance industry;  (D) The use of fire suppression equipment by the food service industry; or  (E) The provision of fire suppression services by a fire department.      (b) Each member may receive expense reimbursement and stipends in accordance with  25-16-901 et seq.  (c)  (1) The board may expend moneys as necessary to reimburse the Department of Labor and Licensing for stationery, office supplies, application forms, equipment, and other materials necessary for the board to carry out its duties.  (2) The expense reimbursement and stipends authorized by  25-16-901 et seq. and the expense for necessary office supplies, forms, equipment, and other necessary materials shall be paid from the fees and fines collected by the board.    (d)  (1) The board shall employ an executive director, chief board investigator, and other staff as necessary whose compensation shall be set by the board.  (2) The staff shall be paid from fees and fines collected by the board.    
 The Arkansas Fire Protection Licensing Board shall:   (1) Formulate and administer policies as may be determined necessary for the protection and preservation of life and property in regard to:  (A) The registration of firms engaging in the business of installing, inspecting, or servicing portable fire extinguishers and of firms engaging or in the business of installing, inspecting, and servicing fixed fire protection systems;  (B) The registration of firms engaging in the business of hydrostatic testing of portable fire extinguishers. However, no person or firm shall be granted a Class A hydrostatic testing certificate until the applicant submits proof satisfactory to the board that the test equipment of the applicant has been tested and certified by the United States Department of Transportation;  (C) The examination and licensure of persons applying for a license to install, inspect, or service portable fire extinguishers and of a person applying for a license to install, inspect, or service fixed fire protection systems;  (D) The registration of firms engaging in the business of selling, system layout, installing, servicing, inspecting, or any aspect of fire protection sprinkler systems, including standpipe, fire pumps, and hose systems;  (E) The examination and licensure of a person applying for a license as a responsible managing employee for the purpose of fire protection sprinkler system business, including designing, inspecting, installing, system layout, or servicing fire protection sprinkler systems, including standpipe, fire pumps, and hose systems;  (F) The examination and licensure of a person applying for a license as a fire protection sprinkler systems inspector for the purpose of servicing or inspecting fire protection sprinkler systems, including standpipe, fire pumps, and hose systems; and  (G) The examination and licensure of a person applying for a license as a fire protection sprinkler system sprinkler fitter or apprentice for the purpose of installing, servicing, or placing fire protection sprinkler systems in service, including without limitation standpipe, fire pumps, and hose systems;    (2) Establish reasonable qualifications for firms and individuals for the issuance of a certificate of registration or individual license to engage in any aspect of the business of portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems;  (3) Conduct examinations to ascertain the qualifications and fitness of individual applicants to install or service portable fire extinguishers, install or service fixed fire protection systems, or install, service, inspect, or design fire protection sprinkler systems;  (4) Issue certificates of registration for those firms that qualify and individual licenses and permits to individuals that qualify to engage in the business and activity of installing and servicing portable fire extinguishers, installing and servicing fixed fire protection systems, and designing, installing, inspecting, or servicing fire protection sprinkler systems and issue licenses or permits to those firms and individuals qualifying to perform hydrostatic testing of fire extinguisher cylinders;  (5) Evaluate the qualifications of firms seeking approval as testing laboratories for portable fire extinguishers; and  (6)  (A) Regulate and license as a part of a fire protection sprinkler system the installation, service, and maintenance of a standpipe and hose system as defined under the National Fire Protection Association pamphlet number fourteen (No. 14): Standard for the Installation of Standpipe and Hose Systems.  (B)  (i) The installation, service, and maintenance of a standpipe and hose system shall be performed by a licensed fire protection sprinkler contractor. A licensed fire protection sprinkler contractor is not required to perform hydrostatic testing of the standpipe hose, repair of the standpipe hose, or maintenance of the standpipe hose.  (ii) The standpipe and hose system shall be:  (a) Designed, installed, and tested in accordance with the standards adopted in the Rules and Regulations for Sprinkler Systems of the board and in accordance with the applicable National Fire Protection Association pamphlets; and  (b) Designed by an Arkansas-licensed responsible managing employee or a registered professional engineer licensed by the State of Arkansas.        
 The State Fire Marshal shall advise and assist the Arkansas Fire Protection Licensing Board in the adoption of policies and procedures for the:   (1) Effective monitoring of the sale, installation, and servicing of portable fire extinguishers;  (2) Sale, installation, and servicing of fixed fire protection systems;  (3) Design, installation, inspection, servicing, and maintenance of fire protection sprinkler systems, including standpipe and hose systems; and  (4) Registration and licensing of firms and individuals providing these goods and services.  
 Except as provided in  20-22-603 and 20-22-613, no person may do any of the following:   (1) Engage in the business of installing, inspecting, or servicing portable fire extinguishers without a current certificate of registration;  (2) Engage in the business of installing, inspecting, or servicing fixed fire protection systems without a current certificate of registration;  (3) Install, inspect, or service portable fire extinguishers or fixed fire protection systems without a current individual license;  (4) Perform hydrostatic testing of any portable fire extinguisher or any fire extinguisher system cylinder without a current hydrostatic testing certificate;  (5) Obtain or attempt to obtain a certificate of registration or individual license by fraudulent representation, fraudulent examination or testing, misconduct, or irregularity;  (6) Sell, service, inspect, or install portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems contrary to this subchapter or the policies formulated and administered under the authority of this subchapter;  (7) Engage in any fire protection sprinkler system business without a current certificate of registration and without employing a full-time licensed responsible managing employee; and  (8) Engage in any business or activity licensed or permitted by the Arkansas Fire Protection Licensing Board without maintaining in force at all times a public liability insurance policy, with minimum coverage limits as set by the board, covering the person's operations and completed operations.  
 (a) Applications for licenses, permits, and certificates provided for in this section shall be made under policies adopted by the Arkansas Fire Protection Licensing Board and shall be submitted on forms prescribed by the board.  (b)  (1) Each firm or person desiring to engage in or to continue to engage in the business of installing, inspecting, or servicing portable fire extinguishers, selling, inspecting, installing, or servicing fixed fire protection systems, performing hydrostatic testing of fire extinguishers or fire extinguisher cylinders, or planning, selling, installing, maintaining, inspecting, or servicing fire protection sprinkler systems in the State of Arkansas as a condition of engaging or continuing to engage in such a business shall obtain from the board a certificate of registration and appropriate individual licenses as prescribed in this subchapter.  (2) Each firm engaged in the business of installing or servicing portable fire extinguishers or selling, installing, inspecting, or servicing fixed fire protection systems shall obtain a certificate of registration and shall pay the following fees:  (A) For engaging in the business of inspecting, installing, or servicing portable fire extinguishers, the fee for the initial certificate of registration shall be no more than five hundred dollars ($500), and the annual renewal fee shall be no more than five hundred dollars ($500); and  (B) For engaging in the business of selling, installing, inspecting, or servicing fixed fire protection systems, the fee for the initial certificate of registration shall be no more than five hundred dollars ($500), and the annual renewal fee shall be no more than five hundred dollars ($500).    (3) Each employee of a registered firm who engages in installing, inspecting, or servicing portable fire extinguishers or selling, installing, inspecting, or servicing fixed fire protection systems, other than an apprentice, shall obtain an individual license and pay the following fees:  (A) For a license to install, inspect, or service portable fire extinguishers, an initial fee of no more than one hundred dollars ($100), and for each annual renewal thereof a fee of no more than fifty dollars ($50.00); and  (B) For a license to sell, install, inspect, or service fixed fire protection systems, an initial fee of no more than one hundred dollars ($100), and an annual renewal fee of no more than fifty dollars ($50.00).    (4) Each firm performing hydrostatic testing of United States Department of Transportation-specification compressed gas cylinders used for or with portable fire extinguishers or for or with fixed fire protection systems, as a condition of engaging in such a business, shall obtain a Class A hydrostatic testing certificate for which the initial fee shall be no more than two hundred dollars ($200), and an annual renewal fee shall be no more than one hundred dollars ($100).  (5) Each firm performing hydrostatic testing of pressure vessels used for or with portable fire extinguishers or for or with fixed fire protection systems, other than United States Department of Transportation-specification compressed gas cylinders, shall obtain a Class B hydrostatic testing certificate as a condition of engaging in such a business, for which the initial fee shall be no more than one hundred dollars ($100), and an annual renewal fee shall be no more than fifty dollars ($50.00).  (6)  (A) An employee of a registered firm who has been issued an apprentice permit may service, inspect, and install fire protection sprinkler systems, portable fire extinguishers, and fixed fire protection systems under the direct supervision of a licensed employee subject to rules promulgated by the board.  (B) Each application for an apprentice permit shall be:  (i) Made by a registered firm; and  (ii) Accompanied by a fee of no more than thirty dollars ($30.00).    (C) A copy of the application may be used by the applicant as proof of a temporary permit until the official apprentice permit is issued or denied by the board.  (D) A copy of the application or the apprentice permit is valid for one (1) year from the date of issue and is not renewable.    (7)  (A) Each employee of a registered firm desiring to take an examination in order to obtain a license as required in this subchapter shall apply to the board and pay an initial testing fee of no less than thirty dollars ($30.00) per examination nor more than one hundred dollars ($100) per examination.  (B) Testing fees are to be paid each separate time an examination or series of examinations is taken.    (8) Each firm engaged in a fire protection sprinkler business in the state shall obtain a certificate of registration and shall pay the following fees:  (A) An initial application fee not to exceed one hundred dollars ($100) for the certificate of registration; and  (B) A fee not to exceed one thousand dollars ($1,000) for the issuance of either the initial certificate of registration or any annual renewal of the certificate of registration.    (9) Each firm holding a certificate of registration for a fire protection sprinkler system business shall at all times employ at least one (1) responsible managing employee who must obtain a license issued by the board after successful completion of the requirements in this subchapter and under the rules of the board, including without limitation the passage of examinations, and by payment of fees established by rule of the board subject to the following limitations:  (A) An examination fee not to exceed two hundred dollars ($200) per examination to be paid each time an examination is taken for any individual license issued by the board; and  (B) A license fee not to exceed five hundred dollars ($500) shall be paid for issuance of the initial license and each annual renewal thereof for any individual license issued by the board.    (10) A fee not to exceed fifty dollars ($50.00) shall be paid for:  (A) The duplication of:  (i) A certificate of registration;  (ii) An individual license;  (iii) A Class A hydrostatic testing certificate;  (iv) A Class B hydrostatic testing certificate; and  (v) An apprentice permit; or    (B) The issuance of a new document under subdivision (b)(10)(A) of this section if a change in the information on the document of this section requires the issuance of a new document.    (11) A firm with more than one (1) physical location, including without limitation one (1) or more branch offices, shall pay a fee not to exceed fifty dollars ($50.00) for an additional certificate of registration for each additional location.    
 (a) For a license to install or service portable fire extinguishers, for a license to sell, install, or service fixed fire protection systems, or for a license to conduct any fire protection sprinkler system business, a person employed by a certified firm shall obtain a license issued by the Arkansas Fire Protection Licensing Board after:  (1) Successful completion of the requirements for licensure under rules of the board; and  (2) Payment of fees established under rules of the board.    (b) A firm shall:  (1) Maintain in force at all times while licensed a public liability insurance policy covering its operations and completed operations with a minimum limit of liability of one million dollars ($1,000,000) per occurrence for bodily injury and one hundred thousand dollars ($100,000) per occurrence for property damage or a single limit of liability for bodily injury and property damage of one million dollars ($1,000,000) per occurrence; and  (2) File a current certificate of insurance to be maintained with the board.    
 Notwithstanding the provisions of this subchapter, if any person or firm engaged in the business on January 1, 1977, of servicing portable fire extinguishers, installing or servicing fixed fire protection systems, or performing hydrostatic testing of fire extinguishers derived twenty-five percent (25%) or more of the personal or firm income from servicing portable fire extinguishers or installing or servicing fixed fire protection systems or hydrostatic testing of fire extinguishers during the 1976 calendar year, the person or firm shall be registered or issued a license to continue in the business upon payment of the annual registration or license fee prescribed in this subchapter for the particular type of business, if the applicant's qualifications meet those requirements established by the Arkansas Fire Protection Licensing Board. 
 (a) No portable fire extinguisher or fixed fire protection system may be sold or installed in this state unless it carries a label of approval of a nationally recognized testing laboratory approved by the Arkansas Fire Protection Licensing Board.  (b) No soda acid or foam acid type fire extinguisher shall be sold or offered for sale in this state.  (c) Every person or firm servicing any portable fire extinguisher in this state shall service the portable fire extinguisher under the standards and procedures prescribed in the rules of the board.  (d) Every person installing or servicing a portable fire extinguisher, a fixed fire protection system, or a fire protection sprinkler system in this state shall affix a tag thereto showing the name of the person and firm selling, installing, or servicing the portable fire extinguisher, fixed fire protection system, or fire protection sprinkler system and the date of the installation or service.  (e) The sale, servicing, or recharging of carbon tetrachloride fire extinguishers in this state is prohibited.  (f) Except as provided in  20-22-603, only the holder of a current and valid license or an apprentice permit issued under this subchapter may service portable fire extinguishers, install and maintain fixed fire protection systems, or install or maintain fire protection sprinkler systems.  (g) A person who has been issued a license or permit under this subchapter to service portable fire extinguishers, install or service fixed fire protection systems, or install and service fire protection sprinkler systems shall be an employee, agent, or servant of a firm that holds a current and valid certificate of registration issued under this subchapter.  (h) Installation and servicing of fixed fire protection systems shall be accomplished under the rules of the board.  (i) Installation and servicing of fire protection sprinkler systems shall be accomplished in accordance with the rules of the board.       (j)(1)  Any fire protection sprinkler system that was installed before September 1, 1985, shall be serviced, maintained, inspected, and repaired under current rules of the board.    (2)  Any fixed fire protection system that was installed before January 1, 1979, shall be serviced, maintained, inspected, and repaired under current rules of the board. 
 As used in this subchapter:   (1) Distributor means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer, or both;  (2) I.C.C. Class C common fireworks means all articles of fireworks classified as I.C.C. Class C common fireworks as defined in  20-22-708 and in the regulations of the United States Surface Transportation Board for the transportation of explosives and other dangerous articles;  (3) Importer means any person who imports, brings in, or causes to be brought in any fireworks from outside the geographical limits of the State of Arkansas into this state;  (4) Jobber means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail. Wholesaler shall have the same meaning as jobber;  (5) License means the written authority of the Director of the Division of Arkansas State Police issued under the authority of this subchapter to a distributor, jobber, wholesaler, manufacturer, importer, or retailer for a fee as provided in  20-22-707;  (6) Manufacturer means any person engaged in the making or construction of fireworks in the State of Arkansas or any person engaged in the making or construction of fireworks who ships or causes to be shipped, or transports or causes to be transported, any items of fireworks into the State of Arkansas;  (7) Permit means the written authority of the director issued for a public fireworks display under the authority of this subchapter;  (8) Person means any corporation, association, copartnership, or one (1) or more individuals;  (9) Retailer means any person engaged in the business of making sales of fireworks at retail to consumers or to persons other than a distributor or jobber;  (10) Sale means barter, exchange, gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee;  (11) Shooter means any person conducting any combination of fireworks, pyrotechnics, or special effects displays within the State of Arkansas; and  (12) Special fireworks means all articles of fireworks that are classified as Class B explosives in the regulations of the United States Surface Transportation Board and shall include all articles other than those classified as Class C but shall not include such dangerous items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs, torpedoes, and fireworks containing more than fifty milligrams (50mg) of explosive powder.  
 (a) Nothing in this subchapter shall be construed as applying to the shipping, sale, possession, and use of fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules promulgated by the Director of the Division of Arkansas State Police. Such items of fireworks which are to be used for public display only and which are otherwise prohibited for sale and use within the state shall include display shells designed to be fired from mortars and display set pieces of fireworks classified by the regulations of the United States Surface Transportation Board as Class B special fireworks and shall not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs, and torpedoes.  (b)  (1) Public displays shall be performed only under competent supervision and after the persons or organizations making the displays have applied for and received a permit for the displays issued by the director.  (2) Applications for permits for public displays shall be made in writing at least five (5) days in advance of the proposed display, and the application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to life, limb, or property.  (3) If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of the municipality.    (c)  (1) Permits issued shall be limited to the time specified therein and shall not be transferable.  (2) Only licensed distributors who are licensed importers or who purchase from licensed importers may possess special fireworks for resale to holders of a permit for a public fireworks display.    (d)  (1) The Division of Arkansas State Police may charge a fee not to exceed fifty dollars ($50.00) for each permit issued under this section.  (2) The total fee for all permits issued during a school year to an educational institution that provides instruction for grades kindergarten through twelve (K-12) shall not exceed twenty-five dollars ($25.00).  (3) All permit fees shall be remitted to the division and shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.    
 (a)  (1) Nothing in this subchapter shall be construed as applying to the:  (A) Manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use;  (B) Military or naval forces of the United States or of this state or to peace officers;  (C) Sale or use of blank cartridges for ceremonial, theatrical, or athletic events; or  (D) Transportation, sale, or use of permissible fireworks as defined in  20-22-708 or special fireworks as defined in  20-22-701 solely for agricultural or industrial purposes, provided that the purchaser first secures a written permit to purchase and use the fireworks for agricultural or industrial purposes from the Director of the Division of Arkansas State Police.    (2) No permit for use of fireworks for agricultural purposes shall be issued by the director except after approval of the county agricultural agent of the county in which the fireworks are to be used.  (3)  (A) All fireworks purchased under permit as authorized in this section for agricultural or industrial purposes shall at all times be kept in the possession of the permit holder.  (B) The permits and fireworks shall not be transferable.      (b) Any person holding a permit to purchase and use fireworks for agricultural or industrial purposes as provided in this section who shall sell, give away, or otherwise transfer the fireworks to another or shall use or permit the use of the fireworks for any purpose other than agricultural or industrial purposes as stated on the permit shall be in violation of this subchapter and subject to the penalties provided for in  20-22-705.  
 This subchapter shall not affect the power of any municipality to regulate or prohibit the sale or use of fireworks. 
 Any person violating any of the provisions of this subchapter, except  20-22-706, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or imprisoned for not more than ninety (90) days, or both, in the discretion of the court. 
 (a) No person shall do any act for which a license or permit is required by this subchapter or by local authorities acting pursuant to this subchapter unless he or she holds the proper federal, state, and local license and, if applicable, a permit.  (b) Whoever violates subsection (a) of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and may be prohibited from applying for a license or a permit for up to five (5) years.  
 (a)  (1)  (A) To be licensed as a manufacturer, importer, distributor, jobber, retailer, retailer all-year, or shooter of fireworks, a first-time applicant shall submit to the Director of the Division of Arkansas State Police an application on a form provided by the director setting forth the information that the director determines necessary to ensure public health, safety, and welfare.  (B) The license for a manufacturer, importer, distributor, jobber, retailer, or retailer all-year shall be effective from the date of issuance through the next April 30.  (C) The license for a shooter shall be valid for five (5) years from the date of issuance.  (D) Upon approval of the application by the director and before the issuance of the license, the applicant shall pay to the director a license fee for each type of business conducted based on the following schedule:  (i) Manufacturer $1,000.00  (ii) Importer 750.00  (iii) Distributor 500.00  (iv) Jobber 100.00  (v) Retailer 25.00  (vi) Shooter 50.00  (vii) Retailer All-Year 500.00    (E) The fee for a shooter shall be waived if the applicant verifies that he or she is a professional or volunteer firefighter.    (2)  (A) A retailer may purchase a license from its vendor if the vendor is a licensed importer, distributor, or jobber or from the State Fire Marshal Enforcement Section. The retailers' licenses shall be made available by the Division of Arkansas State Police to the vendor in books of twenty (20) licenses to a book.  (B) The vendor shall record the sales of the licenses to retailers and submit its records to the director semiannually on January 31 and July 31 of each year. Each semiannual report shall cover the preceding six-month period.    (3) A person that does not obtain a required license commits a violation of this subchapter.    (b)  (1) A person may renew a license as a manufacturer, importer, distributor, jobber, retailer, or shooter by payment of the fee under subsection (a) of this section to the director.  (2) A license renewal application received by the director after May 1 of each year shall be assessed a late penalty in an amount equal to two (2) times the renewal fee, under subsection (a) of this section.    (c) All funds collected under this subchapter by the director, including license fees and penalties, shall be deposited into the State Treasury to the credit of the Division of Arkansas State Police Fund.  (d) The director shall assign a license number to each license issued. This number shall be affixed by the person to whom such a license is issued to all invoices issued or used by each manufacturer, importer, distributor, or jobber.  (e)  (1) It shall be unlawful for a jobber licensed under this subchapter or for an Arkansas-domiciled retailer to purchase fireworks from a distributor, importer, or manufacturer domiciled outside the State of Arkansas unless the distributor, manufacturer, or importer can show proof that the distributor, manufacturer, or importer holds a valid license under this subchapter to perform functions of the distributor, importer, or manufacturer, or all of them, as the case may be.  (2) In the event of a violation of this section, if the distributor, importer, or manufacturer cannot show valid proof of being properly and currently licensed under this subchapter and if purchase of fireworks is consummated by a wholesale jobber licensed under this subchapter or by an Arkansas retailer from the distributor, importer, or manufacturer, then the jobber or retailer shall become liable, as a civil penalty, for the full amount of the license fee required by this subchapter from the distributor, importer, or manufacturer. The amount of the license fee is payable immediately, or in the event of failure to pay the penalty within thirty (30) days of the violation, the distributor, importer, or manufacturer shall be subject to the criminal penalties provided by this subchapter.  (3) Furthermore, unless the out-of-state distributor, importer, or manufacturer pays the license fee required under the provisions of this subchapter within a period of thirty (30) days after being so notified by registered mail, the person shall thereafter be prohibited from engaging in the business defined in this subchapter in the State of Arkansas.    (f)  (1) No permit or license provided for in this subchapter shall be transferable, nor shall a person be permitted to operate under a permit or license issued to any other person.  (2) No permit or license shall be issued to a person under twenty-one (21) years of age.  (3)  (A) Each retailer and holder of a license under the provisions of this subchapter shall keep an accurate record of each shipment received.  (B) Each distributor, importer, jobber, or wholesaler shall keep a record of each shipment received and each sale, delivery, or out-shipment of fireworks.  (C) The records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item, and quantity received or sold.  (D) The records are to be kept at each place of business and shall be subject to examination by the director or his or her agents who shall have the authority at any time to require any manufacturer, importer, distributor, wholesaler, jobber, or retailer to produce records for the current year and the immediately preceding full license year.  (E) Each shooter shall keep a record of the date, location, and type of display conducted within the State of Arkansas.      (g) Mail-order sales of fireworks to consumers through any medium of interstate or intrastate commerce are prohibited. Sales of fireworks to consumers may be made only at properly licensed retail locations within the State of Arkansas. Any person violating this subsection shall be guilty of a Class C misdemeanor.  (h) The director may revoke or deny an application for any license or permit at any time for violating any provision of this subchapter or for falsifying any information provided to the division as part of an application for a license or permit.  (i) The director may promulgate rules necessary to enforce this subchapter.  
 (a) It shall be unlawful for any person to possess, sell, or use, within the State of Arkansas, or ship into the State of Arkansas, except as provided in  20-22-711, any pyrotechnics, commonly known as fireworks, other than the permissible items enumerated in this section, except as provided in this subchapter. The permissible fireworks consist of those defined in Interstate Commerce Commission regulations described as Class C fireworks only and shall include the following:  (1) Roman candles, with no handle or spike affixed thereto, not exceeding ten (10) balls spaced uniformly in the tube, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed three-eighths inch (3/8");  (2) Sky rockets with sticks, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed one-half inch (12"). The rocket sticks shall be securely fastened to the tubes;  (3) Helicopter-type rockets, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed one-half inch (12");  (4) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams (75g) each in weight. The inside tube diameter shall not exceed three-fourths inch (34");  (5) Cone fountains, total pyrotechnic composition not to exceed fifty grams (50g) each in weight;  (6) Wheels, total pyrotechnic composition not to exceed sixty grams (60g) for each driver unit or two hundred forty grams (240g) for each complete wheel. The inside tube diameter of driver units shall not exceed one-half inch (12");  (7) Illuminating torches and colored fire in any form, except items included in subdivision (a)(12) of this section, total pyrotechnic composition not to exceed one hundred grams (100g) in weight;  (8) Sparklers and dipped sticks, total pyrotechnic composition not to exceed one hundred grams (100g) each in weight. Pyrotechnic composition containing any chlorate or perchlorate shall not exceed five grams (5g);  (9) Mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed forty grams (40g) each in weight;  (10) Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches (112") in length or one-quarter inch (14") in diameter, and other items designed to produce an audible effect, total pyrotechnic composition not to exceed two grams (2g) each in weight;  (11) Novelties consisting of two (2) or more devices enumerated in this subsection, trick matches, and cigarette plugs, when approved by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives; and  (12) Railway fusees, truck flares, hand ship distress signals, smoke signals, and smoke pots.    (b) No component of any device listed in this section which is designed to produce an audible effect shall contain pyrotechnic composition in excess of two grams (2g) in weight excluding propelling or expelling charges.  
 (a) No permissible articles of common fireworks defined in  20-22-708 shall be sold, offered for sale, or possessed within the state, or used in the State of Arkansas, except as provided in  20-22-702, unless it shall be properly named to conform to the nomenclature of  20-22-708 and unless it shall be certified as common fireworks on all shipping cases and by imprinting on the article or retail container I.C.C. Class C Common Fireworks. The imprint shall be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and by the general public.  (b) Railway fusees are specifically excepted from this marking requirement.  
 (a) The placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass on to the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within ten feet (10') of where the fireworks are offered for sale is declared unlawful and prohibited.  (b) At all places where fireworks are stored or sold, there shall be posted signs with the words FIREWORKS  NO SMOKING in letters not less than four inches (4") high at each entrance to the retail sales area.  (c)  (1) No fireworks are to be sold at retail at any location where paints, oils, or varnishes are kept for use or sale, unless the paints, oils, and varnishes are kept in the original unbroken containers, nor where resin, turpentine, gasoline, or other inflammable substance that may generate inflammable vapors is used, stored, or sold.  (2) Consumer fireworks retail sales facilities and stores shall not be located within fifty feet (50') of the following:  (A) Motor vehicle fuel dispensing station dispensers;  (B) Retail propane dispensing station dispensers;  (C) Above-ground storage tanks for flammable or combustible liquids;  (D) Flammable gases or flammable liquefied gases; or  (E) Compressed natural gas dispensing facilities.      (d) All firework devices that are readily accessible to handling by a consumer or purchaser shall have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash, or other ignition source. Safety-type-thread wrapped and coated fuses are exempt from this section.  (e) All licensees under this subchapter shall have a fire extinguisher of a type approved by the Director of the Division of Arkansas State Police in an area readily accessible to any point of storage or sale of fireworks. In lieu of such an extinguisher, retailers may maintain a common type of water hose, charged and connected to a water system, which is readily available to any area where fireworks are stored or sold.  
 (a)  (1) Except as provided in subdivision (a)(2) of this section, permissible items of fireworks, defined in  20-22-708, may be sold at retail to residents of the State of Arkansas and used within the State of Arkansas from June 20 through July 10 and December 10 through January 5 of each year only.  (2) Permissible items of fireworks as defined in  20-22-708 may be sold at retail all-year if sold in a permanent physical location.    (b) As used in this section, fireworks shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five-hundredths grains (0.25 gr.) or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five-hundredths grains (0.25 gr.) of explosive compounds, cone, bottle, tube, or other type serpentine pop-off novelties, nonpoisonous toy snake, smoke sticks without report, and sparklers, the sale and use of which shall be permitted at all times.  
 It shall be unlawful to offer for retail sale or to sell any fireworks to children under twelve (12) years of age or to any person known to be intoxicated or irresponsible. 
 (a) It shall be unlawful to explode or ignite fireworks within six hundred feet (600') of any church, hospital, asylum, public school, or within two hundred feet (200') of where fireworks are stored, sold, or offered for sale.  (b) No person shall ignite or discharge any permissible articles of fireworks within, or throw the fireworks from, a motor vehicle while therein, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people.  
 (a) The Director of the Division of Arkansas State Police shall seize as contraband any fireworks other than Class C common fireworks defined in  20-22-708 or special fireworks for public displays as provided in  20-22-702 or for agricultural or industrial purposes as provided in  20-22-703, which are sold, displayed, used, or possessed in violation of this subchapter.  (b) The director may destroy fireworks so seized.  
 (a) With reference to the administrative and civil penalties imposed by this subchapter, the Director of the Division of Arkansas State Police shall notify the person accused of a violation, setting a time and place for hearing to be held by the director or his or her designated agent.  (b) If the hearing results in a revocation or refusal to renew a license of or the imposition of any civil penalty upon that person, the person adjudged guilty of the violation shall have a right to appeal the decision, for a trial de novo, to the Pulaski County Circuit Court.  
 (a) An importer license does not authorize a person to sell fireworks at wholesale or retail.  (b) A jobber that does not possess an importer license shall not purchase fireworks other than from a vendor that holds a license as an importer and as a distributor.  
 (a) As used in this section, sky lantern means an unmanned free-floating device designed to contain an open flame.  (b) The sale or use of sky lanterns is prohibited.  
 It is found and determined by the General Assembly that a system of certification and classification of fire departments should be established to encourage the improvement of the fire protection services in this state and to provide the people of this state with information about the level of service they are receiving. It is further found and determined that the public policy of this state should be to encourage individuals and organizations to provide fire protection services and that, to further this policy, workers' compensation coverage should be extended to volunteer firefighters of rural fire departments and that the civil liability of certified fire departments and their firefighters should be limited. 
 As used in this subchapter:   (1) [Repealed.]  (2) Certified fire department means any fire department certified by the Director of the Office of Fire Protection Services as meeting minimum standards prescribed by the Arkansas Fire Protection Services Board;  (3) [Repealed.]  (4) Fire department means any organization established for the prevention or extinguishment of fires, including, but not limited to, fire departments organized under municipal or county ordinances, improvement districts, membership fee-based private fire departments, and volunteer fire departments; and  (5) Firefighter means any paid or volunteer member of a fire department who engages in fire suppressions, rescue, pump operations, or other fire-ground activities.  
 (a)  (1) There is created the Arkansas Fire Protection Services Board.  (2) The board shall be composed of fifteen (15) members to be appointed by the Governor subject to confirmation by the Senate as follows:  (A)  (i) Four (4) members shall be fire chiefs appointed by the Governor after consulting the Arkansas Association of Fire Chiefs.  (ii) Two (2) of the fire chiefs under this subdivision (a)(2)(A) shall be full paid fire chiefs, one (1) shall be a volunteer fire chief, and one (1) shall be a retired fire chief or a volunteer fire chief;    (B) Two (2) members shall be appointed after consulting the Arkansas Rural and Volunteer Firefighters Association;  (C) Four (4) members shall be appointed after consulting the Arkansas State Firefighters Association, all of whom shall be volunteer firefighters;  (D) Four (4) members shall be appointed by the Governor after consulting the Arkansas Professional Fire Fighters Association; and  (E) The State Forester of the Arkansas Forestry Commission or his or her designee.    (3) The Director of the Arkansas Fire Training Academy, the Director of the Division of Emergency Management or his or her designee, and the State Fire Marshal or his or her designee shall be ex officio members.  (4) Members shall serve three-year terms.  (5) Each member shall hold office until his or her successor is appointed and qualified.    (b)  (1) The board shall elect annually a chair, vice chair, and secretary.  (2) The board shall meet at the call of the Chair of the Arkansas Fire Protection Services Board or a majority of the members.  (3) A majority of the members constitutes a quorum.    (c) The Governor shall fill vacancies occurring on the board with appointments for the duration of the unexpired terms.  (d) The members shall serve without pay but may receive expense reimbursement in accordance with  25-16-901 et seq.  
 (a) The Arkansas Fire Protection Services Board shall:  (1) Prescribe by rule minimum standards for the certification of fire departments and standards for the classification of fire departments as to their level of service, including, but not limited to, standards for training levels for firefighters of fire departments, minimum levels of equipment, and minimum performance standards;  (2) Establish a system of identification for firefighters of certified fire departments for the purpose of assisting firefighters to carry out their duties;  (3) Assist fire departments with training programs and assist with the establishment and upgrading of fire departments;  (4) Promote the exchange of information among fire departments and state agencies;  (5) Serve in an advisory capacity to the Director of the Division of Emergency Management with respect to the operation of fire services and the matters concerning certification and standards related to fire services in the state;  (6) Periodically review and evaluate current and proposed national and international activities related to the improvement and upgrading of fire services to ensure that the state maintains acceptable standards of fire protection for its citizens and standards for training its firefighters;  (7) Advise the Director of the Arkansas Fire Training Academy in matters related to the training and certification of fire services personnel in Arkansas and curriculum and instructional content of the curriculum offered by the Arkansas Fire Training Academy;  (8)  (A) Advise the President of Southern Arkansas University in matters regarding the appointment and retention of the Director of the Arkansas Fire Training Academy.  (B) The Arkansas Fire Protection Services Board shall review the applications for the position of Director of the Arkansas Fire Training Academy submitted to the president and recommend three (3) candidates for the position to the president.  (C) The president shall appoint the Director of the Arkansas Fire Training Academy from the three (3) recommended candidates; and    (9) Establish other reasonable rules as may be necessary for the purposes of this subchapter.    (b) As of March 1, 2003, the Arkansas Fire Training Academy Board created by  12-13-202 [repealed] and the Arkansas Fire Advisory Board created by  20-22-1005 [repealed] are transferred by a Type 3 transfer under  25-2-106 to the Arkansas Fire Protection Services Board created by  20-22-803.  
 (a) There is created the Office of Fire Protection Services which shall be under the supervision and direction of the Director of the Division of Emergency Management.  (b) The Director of the Office of Fire Protection Services, who shall be employed by the Director of the Division of Emergency Management, in consultation with the Secretary of the Department of Public Safety, shall have the responsibility to carry out the administrative functions and directives of the Arkansas Fire Protection Services Board.  (c) [Repealed.]  
 (a) Fire departments in this state may apply for annual certification and classification by the Director of the Office of Fire Protection Services. Each fire department applying for certification shall submit such information as may be required by the director to determine whether the fire department meets minimum certification standards and to classify the department as to its level of service.  (b)  (1) Certification standards for fire departments shall not be changed unless the changes are approved by the Arkansas Fire Protection Services Board.  (2) Any change to the certification standards under this subsection shall not be effective until twelve (12) months after the adoption of the published change.    (c)  (1) Firefighters shall maintain a minimum of sixteen (16) hours per year of certifiable training meeting the standards of the Arkansas Fire Training Academy.  (2) A firefighter who receives more certified hours than required in subdivision (c)(1) of this section in a year may carry over the additional certified hours to the next year only.    (d) Firefighters shall also receive within the first year of service as a firefighter:  (1) Up to sixteen (16) hours in the Introduction to Firefighting course;  (2) Up to sixteen (16) hours in the Personal Protective Equipment course; and  (3) Up to eight (8) hours in the Wildland Fire Suppression course.    (e)  (1) A member of a fire department who does not engage in firefighting is exempt from the requirements of this section.  (2) A member under subdivision (e)(1) of this section shall be eligible for workers' compensation coverage under  20-22-809.  (3) A member under subdivision (e)(1) of this section is considered a firefighter for the purpose of number of members of the fire department.    (f) A fire department that complies with this section is eligible for insurance premium tax moneys under  14-284-401 et seq.  
 Certified fire departments and their firefighters shall have the authority to do all acts reasonably necessary to extinguish fires and protect life and property from fire. 
 (a) Any certified fire department that does not have tort immunity as provided by state law shall be subject to limited liability as provided in this section.  (b) Certified fire departments entitled to limited immunity under this section shall not be liable for damages to persons or property resulting from an act or omission of the fire department or the firefighter occurring at the scene of a reported fire and related to the suppression of the reported fire if the act or omission did not constitute gross negligence, wanton conduct, or intentional wrongdoing.  
 (a) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, volunteer firefighters of certified fire departments, other than municipal fire departments, who meet the requirements of this section are county employees and shall receive minimum compensation. Their survivors shall receive death benefits in the same manner as regular county employees for injury or death arising out of and in the course of their activities as firefighters.  (b) Volunteer firefighters requesting workers' compensation coverage shall annually file with the county clerk evidence that:  (1) The firefighter has met the minimum training standards recommended by the Arkansas Fire Protection Services Board; and  (2) The volunteer firefighter is a member of a certified fire department other than a municipal fire department.    (c) A member of a fire department under  20-22-806 who does not engage in firefighting is eligible for workers' compensation under this section.  
 (a) The General Assembly finds that:  (1) The specialized and hazardous nature of firefighting requires that firefighters possess the requisite knowledge and demonstrate the ability to perform certain skills to carry our their responsibilities; and  (2) The activities of firefighters are important to the health, safety, and welfare of the people of this state.    (b) It is the intent of the General Assembly to require minimum standards for training for entry level, full-time firefighters.  
 (a)  (1) After January 1, 2004, no person shall be hired as a full-time firefighter by any local government firefighting unit for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours unless that person is certified as having completed the mandatory training requirements in subsection (c) of this section.  (2) Any state agency or political subdivision that employs a person as a firefighter for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours who does not meet the requirements of subsection (c) of this section is prohibited from performing the duties of fire suppression, rescue, pump operations, or other fire ground activities as described in  20-22-802(5).  (3) The Arkansas Fire Protection Services Board may grant an extension to individuals employed within the guidelines as established by the board.    (b) Firefighters serving as full-time employees before January 1, 2004, in a local firefighting unit shall not be required to meet the minimum requirements in subsection (c) of this section.  (c)  (1) The uniform training standards for entry level, full-time firefighters shall consist of satisfactory completion of a training program administered by the Arkansas Fire Training Academy which shall utilize the National Fire Protection Association 1001: Standard for Fire Fighter Professional Qualifications.  (2) The academy shall be the certifying agency for fire service personnel.  (3) Any person seeking employment from another state shall submit his or her certification to the academy for review and approval.    
 (a)  (1)  (A) Upon receipt of a report of an uncontrolled fire or a 911 or other emergency call reporting a fire, it shall be the duty of volunteer fire departments operating within the State of Arkansas to respond to, attempt to control, and put out all fires occurring within their respective districts involving any real or personal property, whether or not that property is owned by members of the fire district.  (B) The volunteer fire department may seek payment or reimbursement from a member or nonmember of the fire district for one hundred percent (100%) of the expendable resources the volunteer fire department used to respond to an accident under subdivision (a)(1)(A) of this section if the accident involved personal property only.    (2) However, unless the following circumstances exist, the volunteer fire department shall have no duty or authority to respond to or attempt to control and put out any fire that occurs on forest lands, cut-over lands, brush lands, or grasslands owned by a nonmember:  (A) The fire poses an immediate threat to life of any person;  (B) There is a written agreement between a nonmember owner of the real or personal property and the volunteer fire department requiring the fire department to respond;  (C) The fire is in violation of a countywide fire ban; or  (D) The fire poses an immediate threat to the real or personal property owned by a member of the district.      (b)  (1)  (A) If the property is owned by a nonmember of the fire district, the volunteer fire department may recover from the nonmember property owner the reasonable value of its services.  (B) Recovery under subdivision (b)(1)(A) of this section shall not exceed the fair market value of the services rendered.    (2)  (A) A claim for services in responding to a fire or accident involving only personal property shall be allowed only for personal property of nonmembers.  (B) The claimed amount under subdivision (b)(2)(A) of this section shall not exceed one thousand dollars ($1,000).  (C)  (i) A claim under subdivision (b)(2)(A) of this section shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form.  (ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement under this subdivision (b)(2).  (iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013.        
 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. 
 This subchapter and  23-88-102 shall in no way modify or limit the existing authority of the Arkansas Forestry Commission, nor shall it be construed as repealing any law applicable to the commission. 
 (a) If the property which is the subject of the alarm is owned by a nonmember and is not insured and if the volunteer fire department has not been paid for the services rendered, then the volunteer fire department shall have an absolute lien on the real and personal property which is the subject of the alarm for the work and labor performed in responding to or fighting the fire to secure the payment of the work and labor performed.  (b) The lien on real property shall attach to the real estate upon which the property is located and all improvements thereon.  (c) The lien on personalty shall attach to all personal property owned by the nonmember located within the county in which the alarm occurred.  
 (a) The volunteer fire department shall give ten (10) days' notice before the filing of the lien to the owner or agent that it holds a claim against the property setting forth the amount and from whom it is due. The notice may be served by any officer authorized by law to serve process in civil actions. When served by an officer, his or her official return endorsed on it shall be proof of service.  (b) Whenever property is sought to be charged with a lien under this subchapter and  23-88-102 and the owner is not a resident of this state, or conceals himself or herself or absents himself or herself from his or her usual place of abode so that the required notice cannot be served upon him or her, the notice may be filed with the clerk of the circuit court of the county in which the property to be charged with the lien is located. When filed, the lien shall have like effect as if served upon the owner or his or her agent and shall be received in all courts of this state as evidence of the service of the notice.  (c) The volunteer fire department shall file with the clerk of the circuit court of the county in which the property to be charged with the lien is located, within one hundred twenty (120) days after the work and labor have been furnished and performed, a just and true account of the amount due and owing, after allowing all credits, and containing a correct description of the property to be charged with the lien, verified by affidavit.  (d) All liens created by this subchapter and  23-88-102 shall be enforced in the circuit court of the county wherein the property on which the lien is attached is located.  (e) All actions under this subchapter and  23-88-102 shall be commenced within fifteen (15) months after the filing of the lien. No lien shall continue to exist by virtue of the provisions of this subchapter and  23-88-102 for more than fifteen (15) months after the lien shall be filed, unless within that time an action shall be instituted thereon.  (f) The pleadings, practice, process, and other proceedings shall be the same as in ordinary civil actions and proceedings in circuit courts. The petition shall allege the facts necessary for securing a lien under this subchapter and  23-88-102 together with a complete description of the property on which the lien is attached.  
 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. 
 As used in this chapter:   (1) Boiler or boilers means any boiler or like vessel or container in which water is heated or steam is generated by the application of heat and includes:  (A) Steam boilers that generate steam under pressure and include:  (i) High pressure steam boilers that generate steam under pressure more than fifteen pounds per square inch gauge (15 psig); and  (ii) Low pressure steam heating boilers that generate steam at fifteen pounds per square inch gauge (15 psig) or less for heating purposes;    (B) Hot water heating boilers that heat water for the external use of heating any area or building; and  (C) Hot water heaters that are used for heating water for external use;    (2) Horsepower means the evaporation of thirty-four and five-tenths pounds (34.5 lbs.) of water from a temperature of two hundred twelve degrees Fahrenheit (212 F) into steam at two hundred twelve degrees Fahrenheit (212 F) at fourteen and seven-tenths pounds per square inch absolute (14.7 psia);  (3) Internal and external inspection means a thorough and proper inspection as provided for in the rules by the Boiler Inspection Division;  (4)  (A) Pressure piping means power piping systems and their component parts within or forming a part of the pressure piping system connected to any boiler or unfired pressure vessel covered by the provisions of this chapter.  (B) This includes only boiler external piping for power boilers and high-temperature, high pressure water boilers in which:  (i) Steam or vapor is generated at a pressure of more than fifteen pounds per square inch gauge (15 psig); and  (ii) High-temperature water is generated at pressures exceeding one hundred sixty pounds per square inch gauge (160 psig) and temperatures exceeding two hundred fifty degrees Fahrenheit (250 F) or one hundred twenty degrees Centigrade (120 C), or both.    (C) Boiler external piping shall be considered as that piping which begins where the boiler proper terminates at:  (i) The first circumferential joint for welding end connections;  (ii) The face of the first flange in bolted flanged connections; or  (iii) The first threaded joint in that type of connection and which extends up to and includes the valve or valves required by rule;      (5) Pressure vessel means any unfired pressure vessel constructed for the accumulation, storage, or transportation of air, liquids, or gases that are under induced pressure; and  (6) PSIG means pounds per square inch gauge pressure.  
 (a) The provisions of this chapter shall not apply to:  (1) Inspection and installation permit requirements on air storage vessels located in service stations and garages;  (2) Air tanks of twelve gallons (12 gals.) or less containing one hundred fifty pounds per square inch (150 psi) or less;  (3) Boilers and unfired pressure vessels which are under the inspection regulations of the United States Surface Transportation Board;  (4) Boilers and unfired pressure vessels used for domestic purposes in private residences and apartment houses of eight (8) or fewer apartments;  (5) Unfired pressure vessels, other than air tanks or vessels listed in subdivisions (a)(1)-(4) of this section, where the maximum allowable working pressure is fifteen pounds per square inch (15 psi) or less or a volume of five cubic feet (5 cu. ft.) or less, coil-type steam generators without accumulative drum, or vessels used in connection with or the storage of liquefied petroleum gases. However, all such unfired pressure vessels shall be constructed in compliance with the appropriate regulations, or rules applicable thereto;  (6) Hot water heaters under two hundred thousand British thermal units (200,000 Btu), except those heaters located in hospitals, schools, day care centers, and nursing homes;  (7) Hot water supply storage tanks which are heated by steam or any other direct or indirect means when heat input is less than two hundred thousand British thermal units per hour (200,000 Btu/hr.), when water temperature is less than two hundred ten degrees Fahrenheit (210 F), and when the vessel has a nominal water-containing capacity of less than one hundred twenty gallons (120 gals.);  (8) Pressure vessels which are an integral part of:  (A) Components of rotating or reciprocating mechanical devices and hydraulic or pneumatic cylinders where the primary design considerations and stress are derived from the functional requirements of the device; or  (B) The structure and have a primary function of transporting fluids from one (1) location to another within a system; and    (9) Vessels with a nominal water-containing capacity of one hundred twenty gallons (120 gals.) or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion.    (b) This chapter shall not apply to inspection, installation permit requirements, or regulation of boilers and unfired pressure vessels used in connection with the production, distribution, storage, or transmission of oil, natural gas, or casinghead gas.  
 (a) The criminal penalties provided by this chapter shall be enforced by the prosecuting attorney of each judicial district. The administrative penalties provided by this chapter shall be imposed pursuant to rules of the Director of the Division of Labor.  (b) The director may collect an administrative penalty imposed pursuant to this chapter in a civil action in a court of competent jurisdiction, and he or she shall not be required to pay costs or to enter a bond for payment of costs.  
 (a) All boilers subject to the provisions of this chapter shall be continuously monitored by mechanical and electronic devices approved by the Director of the Division of Labor. When a plant is in operation or when any public building is occupied, the boilers shall be under regular attendance by a boiler operator unless otherwise exempt.  (b) Boilers that are manually operated shall be under constant attendance whenever they are in use for any purpose.  (c) All steam boilers fifty horsepower (50 hp) and over, as rated by the manufacturer in any location, and steam boilers used in hospitals, hotels, schools, theatres, and office buildings, but not limited to these places, shall be under regular attendance by a licensed operator who holds a certificate of competency issued by the Boiler Inspection Division.  
 (a) All money received under this chapter shall be paid to the Treasurer of State, who shall place this money to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties as set out in this chapter and to defray the costs of the maintenance, operation, and improvements required by the department in carrying out the functions, powers, and duties otherwise imposed by law on the department or the Director of the Division of Labor.  (b) The director may issue vouchers for salaries and expenses of the Boiler Inspection Division when proper appropriation has been made for the expenditures.  
 (a)  (1) When the office of Chief Inspector of the Boiler Inspection Division becomes vacant, the Director of the Division of Labor shall employ a citizen of the State of Arkansas to be chief inspector.  (2) The chief inspector shall have at the time of employment not less than ten (10) years' experience in the construction, maintenance, installation, and repair or inspection of high pressure boilers and unfired pressure vessels.    (b)  (1)  (A) The director is authorized and empowered to employ a technical assistant and deputy inspectors of boilers.  (B) Inspectors of steam boilers and unfired pressure vessels shall have had at the time of employment not less than five (5) years' experience in the construction, maintenance, installation, and repair of high pressure boilers and unfired pressure vessels or possess a currently valid commission from the National Board of Boiler and Pressure Vessel Inspectors.  (C)  (i) Inspectors of steam boilers and unfired pressure vessels also shall have passed a written examination.  (ii) The examination shall conform to standards not exceeding those prescribed by the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers.  (iii) The examination shall test the inspector's knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances.      (2) The director is also empowered to employ clerical and administrative employees, as well as other inspectors, as necessary to perform the work of the Boiler Inspection Division.  (3) The salaries are to be approved by the General Assembly.    (c) The salaries of the employees of the Boiler Inspection Division, together with the necessary expenses of the Boiler Inspection Division, shall be paid out of the fees for which provision is made in this chapter.  
 (a) The Chief Inspector of the Boiler Inspection Division, either personally or by a deputy inspector, shall carefully:  (1)  (A) Unless the chief inspector grants an extension of time for good cause, inspect internally and externally one (1) time annually every high pressure steam boiler and steam generating apparatus.  (B) An extension of time under subdivision (a)(1)(A) of this section:  (i) Shall not exceed six (6) months; and  (ii) Shall cause the time period for the next annual inspection to begin on the day following the date of the inspection that was extended;      (2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler to the extent permitted by the design and construction of the boiler;  (3) Inspect one (1) time biennially every unfired pressure vessel located in this state that is not excepted from the inspections by this chapter; and  (4) Give the owner or operator of the boiler notice of the time when an internal inspection will be made.    (b) The chief inspector shall have free access at all reasonable times for himself or herself and his or her deputies to any premises in this state where a boiler or pressure piping is being built or where a boiler or pressure piping or power plant apparatus is being installed or operated, for the purpose of ascertaining whether the boiler or piping or apparatus is built, installed, and fitted with the necessary appliances and operated in accordance with this chapter and the rules adopted pursuant to this chapter.  (c)  (1) The chief inspector shall enforce the laws of the state governing the use of boilers and unfired pressure vessels. He or she shall examine into and report to the Director of the Division of Labor the causes of boiler explosions which occur within the state.  (2) He or she shall keep in his or her office a complete and accurate record of the names of all owners or operators of boilers inspected by the Boiler Inspection Division, together with the location, make, type, dimensions, age, condition, pressure allowed upon, and date of the last inspection of all boilers and shall make an annual report thereon to the director.    
 (a)  (1) No owner or user of a boiler or pressure vessel or engineer or fireman in charge of a boiler or pressure vessel shall operate or allow the boiler or pressure vessel to be operated without a certificate of inspection issued by the Director of the Division of Labor or shall allow a greater pressure in the boiler or pressure vessel than is allowed by the certificate of inspection.  (2)  (A) All boilers and pressure vessels installed or in operation in this state shall conform to those rules and standards that shall from time to time be adopted by the Boiler Inspection Division with the approval of the director.  (B) The rules and standards shall not exceed those set out in the several sections of the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers and shall have the force of law immediately upon their approval by the director.    (3) No person shall operate or cause to be operated any boiler or unfired pressure vessel on which the certificate of inspection has been suspended or the operation of which has been forbidden by an inspector as provided in  20-23-203, 20-23-306, 20-23-310, 20-23-401, and 20-23-402.  (4) All pressure piping installed in this state shall conform to those rules and standards that shall from time to time be adopted by the Boiler Inspection Division with the approval of the director. The rules and standards shall not exceed those set out in the American Society of Mechanical Engineers Code for Pressure Piping, Power Piping Code, B31.1.    (b) Any person violating this section shall be subject to an administrative fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000).  
 (a) Every manufacturer, owner, or user of a boiler or unfired pressure vessel in use or to be used in any part of the state and subject to inspection by the Boiler Inspection Division, as provided by this chapter, shall report to the division the location of the boiler or unfired pressure vessel at such times and in such manner and form as may be determined by the rules of the division.  (b) Any owner, user, or agent of the owner of any boiler or unfired pressure vessel subject to inspection by the division, as provided in this chapter, who shall fail to report its location to the division shall be subject to an administrative fine of not less than one hundred dollars ($100).  
 (a) Boilers and pressure vessels may be tested by hydrostatic pressure one-quarter (14) greater than the maximum allowable working pressure when in the judgment of the inspector such a test is necessary to ascertain the true condition of the boiler.  (b) All boilers to be tested by hydrostatic pressure shall be filled with water at no less than ambient temperature but in no case less than seventy degrees Fahrenheit (70 F). The metal temperature shall not exceed one hundred twenty degrees Fahrenheit (120 F) during the final examination.  (c) The responsibility for hydrostatic testing shall be that of the owner.  
 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). 
 If at any time the owner, user, or agent of the owner of any boiler within the state shall desire a special inspection of any boiler, it shall be made by the Boiler Inspection Division after due request thereof. The inspector making the inspection shall collect a fee of one hundred dollars ($100) for each boiler together with his or her expenses from Little Rock to the place of inspection and return. 
 (a)  (1) Upon receipt by the Boiler Inspection Division of an annual or biennial certificate report of inspection from a state inspector or from an inspector employed by an insurance company that a boiler or pressure vessel is in safe working condition with the required fittings, valves, and appliances properly installed and set, the Director of the Division of Labor shall issue to the owner of the boiler or pressure vessel a certificate of inspection.  (2) The certificate of inspection shall be issued upon payment of a fee of fifteen dollars ($15.00) in cases of all boilers other than unfired pressure vessels and a fee of thirty dollars ($30.00) in cases of unfired pressure vessels.  (3) The certificate of inspection shall state the maximum pressure at which the boiler or pressure vessel may be operated as may be determined by the rules adopted by the Boiler Inspection Division, as provided in this chapter.    (b) Upon receipt of a certificate of inspection under subsection (a) of this section, unless the certificate of inspection is withdrawn or suspended the owner or user may operate boilers:  (1) Other than unfired pressure vessels described in the certificate for one (1) year from the date of annual inspection plus any extension granted under  20-23-203(a) of the time for the next annual inspection; and  (2) That are unfired pressure vessels for two (2) years from the date of biennial inspection.    (c) Any owner or operator of a boiler or pressure vessel who is dissatisfied with the result of an inspection made by an inspector employed by an insurance company may appeal to the Chief Inspector of the Boiler Inspection Division, who shall cause a special investigation to be conducted and, upon the report of the inspection, shall render his or her decision, the decision to be final.  
 (a) Every manufacturer, contractor, jobber, owner, or user of a boiler or unfired pressure vessel or pressure piping system shall obtain a permit from the Boiler Inspection Division before any boiler or unfired pressure vessel or pressure piping system may be installed or moved and installed in the State of Arkansas.  (b) When new boilers or unfired pressure vessels are to be installed, the manufacturer's data report for each boiler and unfired pressure vessel shall be submitted with the application for installation.  (c) No boiler or unfired pressure vessel or pressure piping may be installed without approval from the division.  
 (a) The following fees shall be paid before permits may be issued for the installation of any boiler or unfired pressure vessel:  (1) Boilers:  (A) Up to 25 horsepower, incl. $15.00  (B) Over 25 horsepower to 50 horsepower, incl. 20.00  (C) Over 50 horsepower to 100 horsepower, incl. 25.00  (D) Over 100 horsepower to 200 horsepower, incl. 30.00  (E) Over 200 horsepower to 300 horsepower, incl. 50.00  (F) Over 300 horsepower to 400 horsepower, incl. 60.00  (G) Over 400 horsepower to 500 horsepower, incl. 70.00  (H) Over 500 horsepower 95.00    (2) Unfired pressure vessels, including hot water storage containers:  (A) 500 gallons capacity or less $15.00  (B) 501 gallons capacity to 1,000 gallons capacity 20.00  (C) 1,001 gallons capacity to 5,000 gallons capacity 40.00  (D) 5,001 gallons capacity and over 50.00      (b) The fee paid for the issuance of a permit for the installation of pressure piping shall be one hundred dollars ($100).  
 Every manufacturer, jobber, dealer, or individual selling or offering for sale or operating any boiler or unfired pressure vessel or installing any pressure piping that does not meet the requirements of the rules adopted under this chapter shall be guilty of a felony and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and in addition may be imprisoned for not more than three (3) years, or both. 
 (a)  (1) The Chief Inspector of the Boiler Inspection Division or his or her authorized representatives may at any time suspend an inspection certificate when in their opinion the boiler or unfired pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or unfired pressure vessel is found not to comply with the rules provided in this subchapter.  (2) Any insurance company inspector who has been issued an Arkansas commission and is inspecting boilers or pressure vessels in this state shall have corresponding powers with respect to operating certificates for boilers or pressure vessels insured by the company employing him or her.  (3) The suspension of an operating certificate shall continue in effect until the boiler or pressure vessel shall have been made to conform to the rules of the Boiler Inspection Division and until the operating certificate shall have been reinstated.    (b) Any inspector of the division or any commissioned inspector of any insurance company who after inspection of a boiler or unfired pressure vessel shall find it unsafe for operation shall suspend its certificate of inspection and forbid its further use until it shall have been made to conform to the standards adopted by the division and until its certificate of inspection shall have been reinstated by an authorized inspector.  
 (a) Within thirty (30) days from the date of inspection, there shall be paid for the annual inspection of each boiler by the Boiler Inspection Division made according to the provisions of this chapter, the sum as follows:  (1) Boilers:  (A) Up to and including 15 horsepower, incl. $10.00  (B) Over 15 horsepower to 50 horsepower, incl. 13.00  (C) Over 50 horsepower to 100 horsepower, incl. 18.00  (D) Over 100 horsepower to 150 horsepower, incl. 20.00  (E) Over 150 horsepower to 250 horsepower, incl. 23.00  (F) Over 250 horsepower to 500 horsepower, incl. 35.00  (G) Over 500 horsepower 50.00    (2) Shop inspections: per day, four hundred forty dollars ($440); per half day, two hundred and twenty dollars ($220); plus expenses, including mileage not to exceed the rate authorized by the General Assembly to employees of state agencies who furnish their own transportation, and meals and lodging in accordance with that approved by the General Assembly as a daily allowance; and  (3) Unfired pressure vessels:  (A) 150 gallons or less $9.00  (B) 151 gallons to 500 gallons 10.00  (C) 501 gallons to 1,000 gallons 11.00  (D) 1,001 gallons to 2,000 gallons 12.00  (E) 2,001 gallons to 3,000 gallons 13.00  (F) 3,001 gallons to 5,000 gallons 14.00  (G) 5,001 gallons and over 18.00      (b) The rates in subsection (a) of this section may be reduced by the Director of the Division of Labor at the beginning of any fiscal year if the rates produce a greater amount of revenue than is required to defray the cost of operation of the Boiler Inspection Division.  (c) All inspection fees shall be paid by the owner, user, or agent of the owner, and the inspector may receive the fee and issue his or her receipt therefor.  (d) If the owner, user, or agent of the owner shall fail to pay any inspection fee under this section within thirty (30) days, a civil money penalty equal to the amount of the unpaid fee shall attach to the outstanding amount of the fee, and the director shall be empowered to collect this penalty in addition to the amount of the fee.  
 (a)  (1) In addition to other remedies provided for by this chapter, if after the making of any inspection or accrual of any charge or penalty required or authorized by this chapter, the fee, penalty, or charge is not paid within thirty (30) days after demand upon whoever is liable therefor, the Director of the Division of Labor may employ an attorney, who is empowered without payment of costs or giving of bond for costs to institute suit in the name of the State of Arkansas in any court of competent jurisdiction to collect the fees, penalties, costs, and charges.  (2)  (A) The court where suit is brought pursuant to subdivision (a)(1) of this section for collection of fees, penalties, and charges shall, without limitation, based on the actual amount of the judgment award an attorney's fee equal to the actual cost to the Division of Labor or the Boiler Inspection Division for the regular hourly rate of pay of the attorney multiplied by the actual hours, including, but not limited to, travel time, litigation, and case review.  (B) Furthermore, the court shall award, without limitation, based on the actual amount of the judgment an amount equal to all costs incurred by the Division of Labor or the Boiler Inspection Division, including, but not limited to, travel costs, witness fees, sheriff's service fees, or costs incurred pursuant to the collection of any judgment obtained by the Division of Labor or the Boiler Inspection Division.      (b)  (1) The plaintiff in the suits is given a lien upon the boiler and all parts, connections, and attachments thereto, whether attached to the land or not, to accrue the payment of the inspection fees for making the inspection.  (2) The lien shall attach to the property at the time of making the inspection and shall continue until all inspection fees are paid.  (3) The lien, when it so attaches, shall be held to be prior, paramount, and superior to the liens, claims, and demands of all persons whomsoever, whether owners, agents, mortgagees, trustees, and beneficiaries under trusts or owners whether prior in time or not.    
 (a) The plaintiff shall file notice of the lien with the clerk of the circuit court of the county in which the property is located within ninety (90) days after the date of the inspection of the property, in the form and manner substantially the same as mechanics' liens are now filed. The notices when so filed shall be docketed and placed on file as mechanics' liens are now docketed and kept on file.  (b) If the fees are not paid within sixty (60) days after filing of the notice, the plaintiff shall institute a suit to foreclose the lien upon this property in the circuit court of the county in which the lien is filed. The suit shall be filed against the person causing the inspection to be made or claiming as interest at the time the inspection is made. It shall also name such other persons as it may believe to be interested in the property, as owners, mortgagees, or otherwise, make them defendants in the action, and cause service of process, in the manner and form as now provided by law in mechanics' liens cases, to be served upon defendants.  (c)  (1) The suits shall be given speedy trial, and the judgment, if for the plaintiff, shall be that the plaintiff recover against the property and those found to be interested therein, the amount of the inspection fees, together with interest, cost of suit, and reasonable attorney's fees to be taxed as costs by the court.  (2) If the cause is appealed to a higher court, then a similar fee shall be taxed as costs by the court hearing the appeal if the plaintiff shall prevail therein.    (d)  (1) In its judgment, the court also shall order the property sold to satisfy the lien, judgment, and costs and shall order execution against the defendants against whom judgment is rendered in addition thereto for payment of any judgment and costs over the amount the property may bring at sale.  (2) The sale shall be had and conducted in accordance with other judicial sales, as may be directed by the court in which the foreclosure proceedings are conducted.  (3) Out of the proceeds of the sale shall be paid the judgment, costs, interest, and expenses of the sale, as in other foreclosure cases. The remainder is to be paid over to the persons decreed by the court to be rightfully entitled to it.    
 (a) The installation of pressure piping shall be periodically inspected during the course of the installation by an inspector commissioned pursuant to the provisions of  20-23-401 in the manner and with the frequency prescribed by the rules of the Boiler Inspection Division.  (b)  (1) Upon completion of the installation of any pressure piping, a final inspection shall be made, and the inspector shall complete a final inspection report on a form approved by the Director of the Division of Labor.  (2) A copy of the final inspection report shall be filed with the Boiler Inspection Division within thirty (30) days of completion of the installation.    (c) If the report required by subsection (b) of this section is not filed within thirty (30) days after completion of the installation, the Boiler Inspection Division shall designate an inspector in its employ to make the inspection and report required by subsection (b) of this section.  (d) The inspections and reports required by subsections (a) and (b) of this section may be made by an inspector in the employ of the Boiler Inspection Division.  (e) For each inspection made by an inspector employed by the Boiler Inspection Division and required by subsection (a), subsection (b), or subsection (c) of this section, the holder of the installation permit shall pay the Boiler Inspection Division an inspection fee in the amount of four hundred forty dollars ($440) per day or two hundred twenty dollars ($220) per half-day, plus expenses and mileage at the rates authorized for employees of the Division of Labor who furnish their own transportation.  (f) The inspections required by this section and the installation permit required for pressure piping by  20-23-307 shall apply only to new installations and shall not be construed as requiring an inspection or an installation permit for maintenance, repair, or renovation of existing facilities.  
 (a) Certificates of competency and commissions as inspectors of boilers shall be issued by the Boiler Inspection Division to persons in the employ of any company authorized to insure boilers against explosions in this state.  (b) Persons employed as inspectors shall pass a written examination as to their knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances. The examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and shall be of uniform grade throughout the state.  (c) However, a person who holds a certificate of competency or a commission issued by another state from a written examination equivalent to that required by this state may be issued a commission without further examination.  (d) For each certificate of competency and commission as inspector of boilers issued under this subchapter, a fee of twenty-five dollars ($25.00) shall be charged to the person to whom the certificate and commission are issued.  (e) The commission shall be good for the fiscal year during which it is issued and shall be renewed upon receipt of fifteen dollars ($15.00).  (f)  (1) Any commission issued under this subchapter shall be immediately returned to the division when the inspector to whom it has been issued shall cease to be employed by the insurance company employing him or her at the time the commission was issued.  (2) If a person holding a commission as an inspector shall be employed by any other insurance company than the one by which he or she was employed at the time the commission was issued, a duplicate commission may be issued upon the payment of a fee of fifteen dollars ($15.00), provided that the commission has been renewed annually.    (g) Commissions that have lapsed will require a renewal fee of fifteen dollars ($15.00).  (h) Certificates of competency and commissions issued to boiler inspectors may be revoked upon notice to the holder thereof and to the employer of the inspector for:  (1) Incompetency or untrustworthiness; or  (2) Willful falsification of any matter or statement contained in his or her application or any report of any inspection.    (i) The holder of the certificate of competency and commission shall be entitled to a hearing before the division to show cause why the certificate shall not be revoked.  
 (a) Boiler inspectors employed by insurance companies which are authorized to insure boilers in this state shall hold certificates of competency issued by the Boiler Inspection Division as provided in this section and shall:  (1) Inspect internally and externally at least one (1) time annually or within the time granted under  20-23-203(a) all high pressure steam boilers insured by their respective companies;  (2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler insured by their respective companies; and  (3) Inspect unfired pressure vessels biennially.    (b) The insured boilers shall be exempt from all inspections other than those of the respective insurance company inspectors unless there is some evidence that proper inspection is not being made.  (c) Within thirty (30) days following each internal inspection made by its inspectors, each insurance company shall file a copy of the internal inspection report and date of the inspection with the Boiler Inspection Division on forms approved by the Division of Labor.  (d)  (1) Each insurance company shall file a report annually of all boilers insured and inspected showing location, owner, state number, and date of last inspection.  (2) The report shall be filed not later than January 30 of each calendar year.    (e)  (1) If annual reports are not filed with the Boiler Inspection Division by insurance companies who have insurance on boilers in the State of Arkansas within sixty (60) days from the date they are due inspection, the Boiler Inspection Division shall make the required inspection.  (2) A special inspection fee of one hundred dollars ($100) for each boiler or unfired pressure vessel inspected, plus mileage and expenses from Little Rock to point of inspection and return not to exceed the current rate authorized by the General Assembly to employees of state agencies who furnish their own transportation, plus any meals and hotel bills incurred shall be charged to the insurance company insuring the boilers or unfired pressure vessels unless an extension of time is granted by the Chief Inspector of the Boiler Inspection Division.    (f) No operating certificate issued for an insured boiler inspected by an insurance company inspector shall be valid after the boiler for which it was issued shall cease to be insured by a company authorized by this state to carry the insurance.  
 (a) Any inspector of boilers who shall report a boiler or pressure vessel for a certificate of inspection as safe to operate while knowing the report is false and that the boiler is unsafe to operate, who shall fail to perform his or her duties as stated in this chapter, or who shall cause the repair, installation, or sale of a boiler or pressure vessel that does not comply with the standards as set out in this chapter and the rules provided shall be guilty of a felony.  (b) Upon conviction he or she shall be punished by a fine in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not to exceed three (3) years, or by both fine and imprisonment.  
 (a)  (1) The Boiler Inspection Division shall conduct examinations for each applicant seeking a boiler operator's license.  (2) The examination may be either written or oral.  (3) Each applicant shall pay a fee of twenty-five dollars ($25.00) for the examination and the first license.  (4) Each license shall be renewed annually. The annual fee shall be seventeen dollars ($17.00).  (5) Before the applicant may participate in an examination, he or she shall have had not less than six (6) months of on-the-job training. Proof of this on-the-job training shall be furnished to the Division of Labor by the employer before the examination.  (6) A restricted license may be issued to an applicant who has passed the examination required in this subsection but who has not met the requirements of subdivision (a)(5) of this section, provided that:  (A) The restricted license shall be effective for one (1) year from the date of issue; and  (B) The licensee is to work under the direction and supervision of a regularly licensed boiler operator.      (b)  (1) Any operator found operating a boiler without a certificate issued by the Boiler Inspection Division or operating a boiler knowing it to be defective shall have his or her license revoked at once.  (2) Any person found operating a boiler without an operator's license shall be subject to an administrative fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100).    
 (a)  (1) All persons, firms, or corporations engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping in any location shall be licensed by the Boiler Inspection Division to perform the work.  (2) The annual license fee shall be seventy-five dollars ($75.00) per year, payable in advance on or before January 31 of each calendar year.    (b)  (1) All persons, firms, or corporations engaged in the repair of boilers or unfired pressure vessels shall be licensed by the division.  (2) The annual license fee shall be seventy-five dollars ($75.00) annually, payable in advance on or before January 31 of each calendar year.    (c) Each person, firm, or corporation shall furnish evidence suitable to the division that the person, firm, or coporation is qualified to perform the work.  (d) The license of any person, firm, or corporation may be revoked by the division upon proof that the person, firm, or corporation is not performing the work in compliance with this chapter and the rules as provided in this chapter.  (e) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) or by imprisonment for not more than five (5) years or by both fine and imprisonment.  (f) The provisions of  20-23-104, 20-23-307  20-23-309, 20-23-403, 20-23-404, and this section shall not apply to firms under the regulation of the United States Surface Transportation Board.  
 (a)  (1)  (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler inspector for no fewer than twelve (12) years may apply for a restricted lifetime boiler inspector's certificate of competency and commission.  (B) The certificate of competency and commission shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Division of Labor.    (2)  (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler operator for no fewer than twelve (12) years may apply for a restricted lifetime boiler operator's license.  (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.    (3)  (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping for no fewer than twelve (12) years may apply for a restricted lifetime license.  (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.    (4)  (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the repair of boilers or unfired pressure vessels for no fewer than twelve (12) years may apply for a restricted lifetime license.  (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.      (b) The division shall promulgate rules necessary to carry out the provisions of this section.  
 (a) Any owner or user of a steam boiler or pressure vessel subject to this chapter may perform any inspections required by this chapter on such vessels owned or operated by the owner or user if the owner or user meets the requirements prescribed by rule of the Director of the Division of Labor.  (b) The director shall set out requirements for the certification of owner or user inspectors and certification of owner or user inspection programs by rule and shall have full authority to promulgate and enforce those rules.  (c)  (1)  (A) After notice and opportunity for hearing, any owner or user who is found to have violated rules prescribed by the director pursuant to this subchapter shall be assessed a civil monetary penalty of not less than one hundred dollars ($100) or more than five thousand dollars ($5,000).  (B) Each day that a violation continues shall be considered a separate violation.    (2) The director may bring a civil action in a court of competent jurisdiction to recover the amount of any civil monetary penalties.    (d) In addition to civil monetary penalties, any owner or user who is found to be in violation of this section shall be guilty of a Class A misdemeanor.  
 As used in this chapter:   (1) Alteration means any change made to an existing conveyance or to its hoistway, enclosure, or doors other than the repair or replacement of damaged, worn, or broken parts necessary for normal operation. The changing of the speed governor shall be considered an alteration;  (2) Authorized representative means the building department of cities, towns, or other governmental subdivisions designated by the Division of Occupational and Professional Licensing Boards and Commissions to enforce certain provisions of this chapter;  (3) [Repealed.]  (4) Conveyance means an elevator, dumbwaiter, escalator, moving sidewalk, automatic people mover, platform lift, or stairway chair lift;  (5) [Repealed.]  (6) [Repealed.]  (7) Dormant elevator, dumbwaiter, or escalator means:  (A) An elevator or dumbwaiter whose:  (i) Cables have been removed;  (ii) Car and counterweight rest at the bottom of the shaftway; and  (iii) Shaftway doors are permanently boarded up or barricaded on the inside; or    (B) An escalator whose main power feed lines have been disconnected;    (8) Dumbwaiter means a hoisting and lowering mechanism, driven by mechanical power, equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet (9 sq. ft.), whose total compartment height does not exceed four feet (4'), the capacity of which does not exceed five hundred pounds (500 lbs.), and which is used exclusively for carrying freight;  (9)  (A) Elevator means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction.  (B) Elevator shall not include a conveyor, chain or bucket hoist, construction hoist, or similar devices used for the primary purpose of elevating or lowering materials, nor shall it include tiering, piling, feeding, or similar machines or devices giving service within only one (1) story.  (C) Power elevator means those driven by the application of energy other than hand or gravity.  (D) Hand elevators means those driven by manual power.  (E) Elevator includes vertical wheelchair lifts, inclined wheelchair lifts, and inclined stairway chair lifts installed in any location, including a private, single-family dwelling for use by individuals with physical disabilities;    (10) Escalator means a power-driven, inclined, continuous stairway or runway used for raising or lowering passengers;  (11) Freight elevator means an elevator used for carrying freight and on which are permitted to ride only the operator and the persons necessary for loading and unloading and such other designated persons who may be authorized by the rules of the Elevator Safety Board;  (12) New installation, new elevator, dumbwaiter, escalator, or new conveyance means a complete elevator, dumbwaiter, escalator, or other conveyance installation, the application for the permit for the installation or relocation of which is filed on or after the effective date of application of the rules adopted by the board as provided in  20-24-106(a)-(c). All other elevators, dumbwaiters, escalators, or other conveyances shall be deemed to be existing installations; and  (13) Passenger elevator means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading and such other designated persons who may be authorized by the rules of the board.  
 (a) No city, town, or other governmental subdivision shall have the power to make any ordinance, bylaw, or resolution providing for the licensing, inspection, construction, installation, alteration, maintenance, or operation of elevators, dumbwaiters, or escalators or for the qualifications and duties of operators thereof within the limits of the city, town, or governmental subdivision, and any ordinance, bylaw, or resolution heretofore made or passed shall be void and of no effect.  (b) However, nothing in this chapter shall limit the right of the city, town, or other governmental subdivision to enforce this chapter as permitted by  20-24-104(b) or to determine the amount of the fees to be charged therefor as permitted by  20-24-117.  
 (a)  (1) A person, owner, lessee, partnership, association, corporation, licensee, or inspector who violates this chapter or a rule adopted by the Elevator Safety Board is subject to a civil fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for each offense.  (2) Each day during which a violation continues shall be a separate offense.    (b) An action for recovery of the penalties provided by this section shall be instituted by the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative and shall be in the form of a civil action before a court of competent jurisdiction.  (c) In addition to the penalties in subsection (a) of this section, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may petition a court of competent jurisdiction to enjoin or restrain violations of this chapter or a rule adopted by the board.  
 (a) Except when otherwise provided, the Division of Occupational and Professional Licensing Boards and Commissions shall have the power, and it shall be its duty, to enforce this chapter and the rules adopted by the Elevator Safety Board.  (b) In cities, towns, or other governmental subdivisions having a building department with qualified personnel to enforce this chapter or portions thereof, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may delegate the building department as the authorized representative of the division to enforce and carry out the provisions of  20-24-112  20-24-116 or any portion thereof as may be designated by him or her.  
 (a) There is created the Elevator Safety Board, consisting of six (6) members, one (1) of whom shall be the Secretary of the Department of Labor and Licensing, who shall serve continuously, and five (5) of whom shall be appointed by the Governor for terms of four (4) years.  (b) Upon the death, resignation, or incapacity of any member, the Governor shall fill the vacancy, for the remainder of the unexpired term, with a representative of the same interests as those of his or her predecessor.  (c) Of the five (5) members appointed by the Governor:  (1) One (1) shall be a representative of the owners and lessees of elevators within this state;  (2) One (1) shall be a representative of the manufacturers of elevators used within this state;  (3) One (1) shall be a representative of an insurance company authorized to insure the operation of elevators in this state;  (4) One (1) shall be a representative of the public at large; and  (5) One (1) shall be appointed by the Governor after consulting with the board of trustees of the Elevator Industry Work Preservation Fund and subject to confirmation by the Senate.    (d) The board shall meet at the call of the secretary who shall designate in the call the time and place of the meeting.  (e) The members except the secretary may receive expense reimbursement and stipends in accordance with  25-16-901 et seq.  
 (a) It shall be the duty of the Elevator Safety Board to license elevator inspectors, elevator mechanics, and elevator contractors as provided in this chapter and to revoke or suspend any such license for cause.  (b) The board shall have the power and it shall be its duty to consult with engineering authorities and organizations studying and developing standard safety codes, including that of the American National Safety Institute/American Society of Mechanical Engineers, and determine what rules governing the qualifications, training, and duties of elevator operators and the operation, maintenance, construction, alteration, and installation of elevators, dumbwaiters, and escalators and the inspection and tests of new and existing installations are adequate, reasonable, and necessary to provide for the safety of life, limb, and property and to protect the public welfare.  (c) Upon the determination, the board shall make, amend, or repeal from time to time rules regarding:  (1) The maintenance, inspection, tests, and operation of all elevators and escalators;  (2) The construction of new elevators, dumbwaiters, and escalators;  (3) The alteration of existing elevators, dumbwaiters, and escalators;  (4) Prescribing minimum safety requirements for all existing elevators, dumbwaiters, and escalators;  (5) Prescribing the fees for construction permits, operating permits, acceptance inspections, initial inspections, and periodic inspections for new and existing elevators, escalators, and dumbwaiters; and  (6) The revocation, suspension, nonrenewal, and reinstatement of licenses and for the imposition of lesser disciplinary measures.    (d) The board shall also have the power in any particular case to grant exceptions and variations which shall only be granted when it is clearly evident that they are necessary in order to prevent undue hardship or when the existing conditions prevent compliance with the literal requirements of the rules. In no case shall any exception or variation be granted unless, in the opinion of the board, reasonable safety will be secured thereby.  (e) It shall also be the duty of the board to hear and decide any appeals from the orders or acts of the Department of Labor and Licensing or its authorized representative as provided in  20-24-119.  
 (a)  (1) A public hearing shall be held by the Elevator Safety Board before the adoption of any rules authorized by this chapter.  (2) Copies of such rules as are proposed by the board for adoption shall be made available to all interested parties at least thirty (30) days before the hearing.  (3) Notice of each hearing shall be published not less than fifteen (15) days before the date assigned for the hearing.  (4) The rules adopted by the board shall be effective and shall be applicable on and after the effective date specified by the board but in no case less than three (3) months after the adoption by the board.    (b) The rules adopted by the board shall be amended or repealed in the same manner in which they are adopted.  (c)  (1) No amendment shall be made to the rules adopted by the board unless public hearings are held as provided in subsection (a) of this section.  (2)  (A) Any person engaged in the inspection, alteration, construction, repair, or operation of elevators, dumbwaiters, or escalators, or any owner, insurer, or lessee thereof, may, from time to time, by written petition to the Secretary of the Department of Labor and Licensing, request that any rules adopted by the board under subsection (a) of this section be amended, or the secretary shall refer the petition to the board for its consideration and recommendation.  (B) The board shall hold public hearings with respect to the subject matter of the petition and shall thereafter approve or disapprove the petition.    (3) The amendments approved by the board shall become effective as provided in this section.    
 (a)  (1) The inspections of conveyances required by this chapter shall be made by an elevator inspector licensed by the Elevator Safety Board.  (2) To be eligible for a license to inspect conveyances, the applicant or licensee shall:  (A) Have experience in designing, installing, maintaining, or inspecting conveyances to the extent established by rules of the board;  (B) Successfully pass a written examination approved by the board;  (C)  (i) Submit with his or her application for a license or renewal of a license proof of an insurance policy:  (a) Issued by an insurance company authorized to do business in Arkansas; and  (b) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage.    (ii) The provision for liability insurance required by subdivision (a)(2)(C)(i) of this section shall not apply to elevator inspectors employed by the Division of Occupational and Professional Licensing Boards and Commissions; and    (D)  (i) Have no financial interest in any business or operation which manufactures, installs, repairs, modifies, or services conveyances.  (ii) This qualification does not prohibit an employee of an insurance company insuring conveyances from obtaining a license as an elevator inspector.        (b)  (1)  (A) Unless working under the direct supervision of a licensed elevator contractor, no person shall:  (i) Erect, construct, alter, replace, maintain, remove, or dismantle any conveyance contained within a building or structure without an elevator mechanic license; or  (ii) Wire any conveyance from the mainline feeder terminals on the controller without an elevator mechanic license.    (B) A licensed elevator mechanic is not required for removing or dismantling a conveyance:  (i) Destroyed as the result of the complete demolition of a secured building or structure; or  (ii) When the demolition to the hoistway or wellway prevents access without endangerment.      (2) To be eligible for an elevator mechanic license, the applicant or licensee shall:  (A) Have three (3) years of verifiable work experience in constructing, maintaining, servicing, and repairing conveyances to the extent established by rules of the board;  (B) Successfully pass a written examination approved by the board; and  (C) Be currently employed by a licensed elevator contractor in the business of installing, constructing, altering, servicing, repairing, and maintaining conveyances.      (c)  (1) Except as provided in subsections (a) and (b) of this section, no person other than an elevator contractor may install, construct, alter, service, repair, test, maintain, or perform electrical work on a conveyance.  (2) To be eligible for an elevator contractor license, the applicant or licensee shall:  (A) Have in his or her employment a properly licensed elevator mechanic; and  (B) Submit with his or her application for a license or renewal of a license proof of an insurance policy:  (i) Issued by an insurance company authorized to do business in Arkansas; and  (ii) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage.        
 (a)  (1) A written application for the examination and license for elevator inspector, elevator mechanic, or elevator contractor shall be made upon a form to be supplied by the Elevator Safety Board upon request and shall be accompanied by a statement of the applicant's experience together with an examination fee not to exceed one hundred fifty dollars ($150).  (2) The examination shall be given not more than six (6) months from the date when the applicant makes the application.  (3)  (A) If the applicant is qualified and successfully passes the applicable examination specified in this section, then upon payment of a license fee, he or she shall be entitled to:  (i) A one-year license as an elevator inspector or elevator contractor; or  (ii) A two-year license as an elevator mechanic.    (B) The license fee and the license renewal fee shall be established by the board, but in no event shall either fee exceed one thousand dollars ($1,000).    (4)  (A) There shall be no limit to the number of times an applicant may seek a license as provided in this section, except that a rejected applicant may not make application within six (6) months from the date on which he or she is notified that he or she has failed to qualify.  (B) A license fee shall be paid for the initial examination and each subsequent examination.      (b) The board may license a person as an elevator inspector, elevator mechanic, or elevator contractor without examination if he or she holds an equivalent license for a state or city that has a standard of examination substantially equal to that provided for in  20-24-108.  (c) The board shall renew a license after receiving:  (1) Payment of the license renewal fee; and  (2) Submission of proof that the licensee has satisfied the continuing education requirements established by rule of the board.    (d)  (1) Whenever an emergency exists and the board determines that there are not enough licensed elevator mechanics to perform the work necessary to provide for the safety of life, limb, and property and to protect the public welfare, the board may waive the requirements of this chapter and issue an emergency elevator mechanic license that may be valid for no longer than thirty (30) days.  (2) Whenever the board determines that there are not enough licensed elevator mechanics available to perform work necessary for the completion of a project for which the Division of Occupational and Professional Licensing Boards and Commissions has issued a permit under  20-24-115(d), the board may waive the requirements of this chapter and issue a temporary elevator mechanic license that may be valid for no longer than thirty (30) days.  (3) The board may renew an emergency or temporary license if the circumstances justifying its original issuance continue.    
 (a) No elevator inspector shall inspect an elevator, escalator, or dumbwaiter if the inspector or any member of his or her immediate family has a financial interest in the building in which the elevator, escalator, or dumbwaiter is located or in any business which occupies the building in which the elevator, escalator, or dumbwaiter is located.  (b) No elevator inspector or any member of his or her immediate family shall have or maintain a financial interest in any business which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters.  (c) No elevator inspector shall recommend or refer one (1) of his or her clients or customers to a specific business, firm, or corporation which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters.  (d) On or before the last day of January of each year, all licensed elevator inspectors shall file with the Department of Labor and Licensing a financial disclosure statement on forms provided by the department and approved by the Elevator Safety Board. Such forms shall include, but not be limited to, the following:  (1) The name and address of any corporation, firm, or enterprise in which the person has a direct financial interest of a value in excess of one thousand dollars ($1,000). Policies of insurance issued to himself or herself or his or her spouse are not to be considered a financial interest;  (2) A list of every office or directorship held by himself or herself or his or her spouse, in any corporation, firm, or enterprise subject to the jurisdiction of the board;  (3) A list showing the name and address of any person, corporation, firm, or enterprise from which the person received compensation in excess of one thousand five hundred dollars ($1,500) during the preceding year; and  (4) A list showing the name and address of any person, corporation, firm, or enterprise from which the persons received compensation in excess of twelve thousand five hundred dollars ($12,500) during the preceding year.    
 Every elevator, dumbwaiter, and escalator shall be maintained by the owner or lessee in a safe operating condition so that it conforms to the rules and requirements of the Elevator Safety Board as adopted under  20-24-107(a) and (b). 
 (a) All new and existing elevators, dumbwaiters, and escalators, except dormant elevators, dumbwaiters, and escalators, shall be tested and inspected in accordance with the following schedule:  (1)  (A) Every new or altered elevator, dumbwaiter, and escalator shall be inspected and tested in conformity with the applicable rules adopted by the Elevator Safety Board before the operating permit required by  20-24-116 is issued.  (B) The inspections shall be made by a licensed elevator inspector in the employ of the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative;    (2)  (A) The owner or lessee of every existing passenger elevator or escalator shall cause it to be inspected within three (3) months, and the owner or lessee of every existing freight elevator and dumbwaiter shall cause it to be inspected within six (6) months after the effective date of the rules adopted by the board under  20-24-107(a) and (b).  (B) However, the division or its authorized representative, at its discretion, may extend the time specified in this subdivision (a)(2) for making inspections; and    (3)  (A)  (i) The owner or lessee shall cause an inspection of every elevator other than a temporary elevator and escalator to be made periodically every twelfth calendar month, and of every dumbwaiter and elevator driven by manual power every twelfth calendar month, following the month in which the initial inspection required by subdivisions (a)(1) and (2) of this section has been made.  (ii) However, an inspection under subdivision (a)(3)(A)(i) of this section may be made during the month following the calendar month during which the inspection is due.    (B) The board may approve by administrative rule a longer period between inspections for wheelchair lifts, moving walkways, and dumbwaiters.      (b)  (1)  (A) The inspections required by subdivisions (a)(2) and (3) of this section shall be made only by elevator inspectors who have been licensed in accordance with  20-24-108 and 20-24-109.  (B) However, the elevator inspectors are not required to make any tests.    (2) Tests required by the rules to be made by the owner, the lessee, or the authorized agent of either shall be made by a licensed elevator mechanic in the presence of a licensed elevator inspector.    
 (a)  (1) A report of every required inspection or safety test shall be filed with the Department of Labor and Licensing or its authorized representative by the inspector making the inspection or witnessing the test on a form approved by the department or its authorized representative within thirty (30) days after the inspection or test has been completed.  (2) For the inspections required by  20-24-112(a)(2), the report shall include all information required by the department in order to determine whether the owner or lessee of the elevator, escalator, or dumbwaiter has complied with rules adopted by the Elevator Safety Board under  20-24-107(a) and (b) that are applicable.  (3) For the inspection required by  20-24-112(a)(1), the report shall indicate whether the elevator, dumbwaiter, or escalator has been installed in accordance with the detailed plans and specifications approved by the department or its authorized representative under  20-24-115(d) and (e) and meets the requirements of the applicable rules adopted by the board under  20-24-107(a) and (b).    (b) If the report required by subsection (a) of this section is not filed within thirty (30) days after the final date when the elevator, dumbwaiter, or escalator should have been inspected as required by  20-24-112(a)(2) or  20-24-112(a)(3), the department shall designate a licensed inspector in its employ to make the inspection and report required by subsection (a) of this section.  (c)  (1) For each inspection and report made at the direction of the department, the owner, lessee, or insurance company responsible for the report of inspection shall pay to the department a fee of three hundred fifty dollars ($350), unless otherwise provided by the board.  (2) The fee shall be paid directly to the department and shall be the only fees or charges for which the owner, lessee, or insurance company shall be liable for the inspection required by  20-24-112(a).    
 In addition to required inspections, the Department of Labor and Licensing or its authorized representative may designate a licensed inspector in its employ to make such additional inspections as may be required to enforce this chapter and the rules adopted by the Elevator Safety Board under  20-24-107(a) and (b). 
 (a)  (1) On and after the effective date of rules adopted by the Elevator Safety Board under  20-24-107(a) and (b), detailed plans and specifications of the elevator, dumbwaiter, or escalator to be thereafter installed, relocated, or altered shall be submitted by the contractor, or in the absence of an installing contractor, by a person or the owner, to the Department of Labor and Licensing. An application for a construction or alteration permit on forms to be furnished or approved by the department shall be submitted at the same time.  (2) Repairs or replacements normally necessary for maintenance may be made on existing installations with parts equivalent in material, strength, and design to those replaced. No plans or specifications or applications need be filed for the repairs or replacements.    (b) All companies, owners, lessees, or persons engaged in this type of work within the State of Arkansas shall be approved and registered by the department.  (c) Failure to comply with subsection (a) or subsection (b) of this section subjects all to a penalty as described in  20-24-103(a).  (d) A construction permit shall be issued by the department or its authorized representative to the installing contractor or, in his or her absence, the owner, for every new elevator, dumbwaiter, or escalator installation or alteration before the installation thereof is started. The department or its authorized representative shall issue the permit if the plans and specifications required under subsection (a) of this section indicate compliance with the applicable rules adopted by the board under  20-24-107(a) and (b).  (e) Any person who installs an elevator, dumbwaiter, or escalator which does not meet the specifications of this chapter shall be liable for all expenses necessary to bring the elevator, dumbwaiter, or escalator into compliance with this chapter.  
 (a)  (1) Operating permits shall be issued by the Department of Labor and Licensing within the time limits specified in this section to the owner or lessee of every new or altered elevator, dumbwaiter, and escalator and of every existing elevator, dumbwaiter, and escalator when the inspection report indicates compliance with the applicable sections of this chapter.  (2) No permits shall be issued if the fees required by  20-24-117 have not been paid.  (3) The limits shall be thirty (30) days for existing elevators, dumbwaiters, and escalators and seven (7) days for new and altered elevators, dumbwaiters, and escalators after the required date for filing the inspection report required by  20-24-113(a) unless time is extended by the department. No elevator, dumbwaiter, or escalator shall be operated by the owner or lessee thereof after the dates specified in this section unless the operating permit has been issued.  (4)  (A) The annual fee to be charged for the operating permit issued under this chapter shall be as follows:  (i) Dumbwaiters $30.00 annually  (ii) Elevators and wheelchair lifts 50.00 annually  (iii) Escalators and moving walks 85.00 annually    (B) A twenty-percent penalty may be assessed when the fee is past due by thirty (30) days.      (b)  (1) The operating permit shall indicate the type of equipment for which it is issued and in the case of elevators shall state whether passenger or freight and shall also state the contract load and speed for the elevator, dumbwaiter, or escalator.  (2) The permit shall be posted conspicuously in the car of the elevator and on or near the dumbwaiter or escalator.  (3) The permit shall be extended by endorsement of the department or its authorized representative after each periodic inspection required by  20-24-112(a)(3) and shall not be valid unless so endorsed.    (c)  (1) If the inspection report required by  20-24-113 indicates failure of compliance with the applicable rules approved by the Elevator Safety Board under  20-24-107 or with the detailed plans and specifications approved by the department or its authorized representative under  20-24-115(d) and (e), the department or its authorized representative shall give notice to the owner or lessee or the person filing plans and specifications of changes necessary for compliance with the rules. After the changes have been made, the department or its authorized representative shall issue an operating permit.  (2) If the inspection report required by  20-24-113 indicates that an elevator, dumbwaiter, or escalator is in an unsafe condition, so that its continued operation may be dangerous to the public safety, then the department or its authorized representative, at its discretion, may require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules of the board.    (d) If the department or its authorized representative has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules adopted by the board under  20-24-107, it shall so notify the owner or lessee and shall give notice of a date for a hearing hereon to the owner or lessee. If after a hearing the department finds that the owner or lessee is not complying with the rules, it shall revoke the permit.  (e)  (1) Pursuant to rules of the board, the department may issue a temporary certificate of operation for a period not to exceed ninety (90) days for new installations.  (2) The fee for a temporary certificate of operation shall be established by the board in an amount not to exceed one hundred dollars ($100).    (f) An application for a variance shall be submitted to the department with the fee established by the board in an amount not to exceed one hundred dollars ($100).    300 lbs.  500 lbs. Special personnel elevators plus 
 (a) The following fees shall be paid to the Department of Labor and Licensing for each passenger, freight, or one-man elevator or dumbwaiter installation permit:  (1) Elevators $150.00  (2) Escalators and moving walks 200.00  (3) Dumbwaiters 100.00  (4) Wheelchair lifts 100.00  (5) Workmen's hoists 200.00    (b) A fee of not less than five dollars ($5.00) and not more than one hundred dollars ($100) shall be paid to the department for installation permits for all other types of elevators, escalators, power lifts, or moving walks.  (c) A final inspection fee and the fee for the initial operating permit are included in the installation permit fee. If a scheduled final inspection is cancelled without due notice to the department or if the elevator is not complete in the judgment of the inspector, an additional fee of one hundred dollars ($100) shall be charged to the elevator contractor for an additional final inspection.  (d) Major alterations may be made upon obtaining a permit, which requires payment of a fee of one hundred dollars ($100).  
 (a) In all publicly owned buildings containing passenger elevators, braille tags shall be affixed on or immediately adjacent to all elevator pushbuttons, levers, or switches in order that blind persons may operate the elevators properly without assistance from sighted persons.  (b) For the purposes of this section, publicly owned buildings includes those buildings which are owned or operated by a municipal, county, or state government.  
 (a) Any person aggrieved by an order or act of the Department of Labor and Licensing or its authorized representative under this chapter may, within fifteen (15) days after notice thereof, appeal from the order or act to the Elevator Safety Board, which shall, within thirty (30) days thereafter, hold a hearing of which at least fifteen (15) days' written notice shall be given to all interested parties.  (b) Within thirty (30) days after the hearing, the board shall issue an appropriate order modifying, approving, or disapproving the order or act.  (c) A copy of the order by the board shall be served upon all interested parties.  (d) Within thirty (30) days after any order or act of the board, any person aggrieved thereby may file a petition in the circuit court of the county in which the aggrieved person resides, for a review thereof.  (e) The court shall summarily hear the petition and may make any appropriate order or decree.  
 Conveyances installed in private single-family dwellings shall be exempt from the testing and inspection requirements of  20-24-112 and the permitting requirements of  20-24-115 and 20-24-116. 
 This chapter shall be known and may be cited as the Arkansas Manufactured Homes Standards Act. 
 As used in this chapter:   (1) Authorized representative means any person or employee approved, certified, or hired by the Director of the Arkansas Manufactured Home Commission to perform inspection services;  (2) Code means standards adopted by the Arkansas Manufactured Home Commission;  (3) Defect means any defect in the performance, construction, components, or material of a manufactured home that renders the manufactured home or any part of the manufactured home unfit for the ordinary use for which the manufactured home was intended;  (4) [Repealed.]  (5) Federal standards means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.  5401 et seq., and applicable regulations promulgated by the United States Department of Housing and Urban Development when and as adopted by the commission;  (6) Installation means work done to stabilize, support, or anchor a manufactured home or to join sections of a multisection manufactured home when any such work is governed by rules adopted by the commission;  (7) Installer means a person, firm, or corporation not otherwise certified who is engaged in the business of installing manufactured homes for himself or herself or on behalf of any other person not certified under this chapter;  (8) Label means a label issued by the United States Department of Housing and Urban Development or its contract agency to be affixed onto the exterior of the manufactured home to assure compliance with the federal standards;  (9)  (A) Manufactured home means a structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty square feet (320 sq. ft.) or more and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.  (B) Manufactured home includes the plumbing, heating, air conditioning, and electrical systems contained therein.  (C) Manufactured home shall include any structure which meets all the requirements of this subdivision (9) except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the federal standards;    (10) Manufacturer means any person, firm, or corporation that manufactures manufactured or modular homes;  (11) Modular home means a factory-built structure:  (A) Produced in accordance with state or local construction codes and standards; and  (B) Designed to be used as a dwelling unit with a foundation when connected to the required utilities;    (12) Person means an individual, partnership, corporation, or other legal entity; and  (13) Retailer means any person in the business of accepting on consignment, buying for resale, selling, or exchanging manufactured or modular homes or offering them to the public for sale, exchange, or lease-purchase, whether for himself or herself or on behalf of any other person not certified as a retailer under this chapter.  
 Nothing in this chapter shall be construed to give the Arkansas Manufactured Home Commission any authority with respect to the operation and maintenance of manufactured home parks in this state. 
 (a) It shall be deemed a violation of this chapter:  (1) For any manufacturer or retailer of manufactured homes to fail to correct a code violation within a reasonable time, not to exceed ninety (90) days, of being ordered to do so in writing by an authorized representative of the Director of the Arkansas Manufactured Home Commission if the manufacturer or retailer manufactured or sold the manufactured home after March 14, 1977; or  (2) For any person to interfere with, obstruct, or hinder any authorized representative of the Director of the Arkansas Manufactured Home Commission in the performance of his or her duty. In seeking to determine whether a manufacturer or retailer has violated this chapter, the Director of the Arkansas Manufactured Home Commission shall have full authority to convene hearings and issue orders pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq., which is incorporated by reference.    (b) Any individual or director, officer, or agent of a corporation who knowingly violates this chapter in a manner that threatens the health or safety of any purchaser shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both, for each violation.  (c)  (1)  (A) Whoever violates any provision of section 610 of Title VI of Pub. L. No. 93-383 or any regulation or final order issued pursuant to it shall be liable to the State of Arkansas for a civil penalty not to exceed one thousand dollars ($1,000) for each violation.  (B) Each violation of a provision of section 610 of Title VI of Pub. L. No. 93-383 or any regulation or order issued pursuant to it shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby. However, the maximum civil penalty shall not exceed one million dollars ($1,000,000) for any related series of violations occurring within one (1) year from the date of the first violation.    (2) Any individual or a director, officer, or agent of a corporation who knowingly violates section 610 of Title VI of Pub. L. No. 93-383 in a manner that threatens the health or safety of any purchaser shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one (1) year, or both.    (d)  (1) If a manufactured home retailer or manufacturer violates any of the provisions of this chapter or any rules governing the manufactured home program, the retailer or manufacturer may be enjoined from selling any manufactured home until the retailer or manufacturer meets all the requirements of this chapter and rules promulgated pursuant to this chapter.  (2) If any manufactured home installer violates any provision of this chapter or any rule relating to the federal Manufactured Home Construction and Safety Standards, the installer shall be enjoined from installing manufactured homes until the violations are corrected.  (3) Whenever practicable, the Director of the Arkansas Manufactured Home Commission shall give notice to any person against whom an action for injunctive relief is contemplated and shall afford the person an opportunity to present his or her views, but the failure to give notice and afford an opportunity shall not preclude the granting of appropriate relief.    
 (a)  (1) There is created the Arkansas Manufactured Home Commission consisting of ten (10) members. Members shall be appointed by the Governor, to be confirmed by the Senate, and appointments shall be made in such a manner as to result in at least one (1) member residing in each congressional district as the congressional districts now and hereafter exist. The members shall be representative of the following interests:  (A) Four (4) members shall be active in the manufactured home industry;  (B) Five (5) members shall be from the public at large; and  (C) One (1) member shall be sixty (60) years of age or older and represent the elderly. He or she shall not be actively engaged in or retired from the manufactured home industry.    (2) Appointments of those active in the manufactured home industry shall be made by the Governor after consulting the Arkansas Manufactured Housing Association for each appointment and subject to confirmation by the Senate.  (3) Each member shall be appointed for a five-year term, except that a person appointed to fill a vacancy shall serve only the unexpired portion of the term. Each member's term shall extend until his or her successor is appointed and qualified.  (4) The members shall not receive compensation for their services as members but may receive expense reimbursement in accordance with  25-16-901 et seq.  (5) Membership on the commission shall not constitute holding a public office, and no member shall be disqualified from holding any public office or employment by reason of membership on the commission, nor shall the member forfeit the office or employment by reason of his or her appointment hereunder, notwithstanding any law to the contrary.    (b) A chair and vice chair shall be elected by the commission to serve two (2) years.  
 (a)  (1) The Arkansas Manufactured Home Commission by rule shall set uniform, reasonable standards for the proper:  (A)  (i) Initial installation of new manufactured homes installed in this state.  (ii) The installation standards under subdivision (a)(1)(A)(i) of this section shall equal or exceed installation standards promulgated under the federal standards; and    (B) Secondary installation of used manufactured homes installed in this state.    (2) The commission by rule shall set the requirements for and require:  (A) Licensing and certification of manufacturers of manufactured homes or modular homes in this state and manufacturers of manufactured homes or modular homes in other states selling them in this state;  (B) Licensing and certification of any retailer, salesperson, and others engaged in the sale of manufactured homes or modular homes for sale in this state; and  (C) Licensing, training, and certification of any installer engaged in the installation of manufactured homes or modular homes in this state.      (b) The commission shall require bonding or other reasonable methods to assure that manufacturers, retailers, installers, and others licensed or certified under this chapter will be financially responsible to fully comply with the code.  (c)  (1) The commission shall by rule establish procedures for the investigation and timely resolution of:  (A) Construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home, including:  (i) Violations of the federal standards; and  (ii) Violations of the rules governing the installation of manufactured homes promulgated by the commission; and    (B) Disputes among manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home.    (2) The commission shall by rule establish procedures for the timely inspection and certification of a percentage of the initial installations of new manufactured homes installed in the state on a sample basis to assure compliance with installation standards adopted by the commission and to comply with requirements set forth by the United States Department of Housing and Urban Development.  (3) The investigations, required corrections, and remedial actions shall be handled in accordance with the code or the rules promulgated under the code.    (d)  (1) The commission or subcommittee of the commission shall convene hearings and issue orders in cases of violations of this chapter or of the code or the rules promulgated by the commission.  (2) The commission or subcommittee of the commission shall convene hearings, and the commission shall issue orders on appeals of determinations of responsibility for the correction of defects by manufacturers, retailers, and the Director of the Arkansas Manufactured Home Commission and his or her staff.    (e) The commission shall delegate its authority, except the authority to adopt standards and rules, to the director.  (f) The commission shall have the power to suspend, revoke, or refuse to renew the license or certification under this chapter of any person who is found to have been guilty of:  (1) Fraud, misrepresentation, or deception in obtaining a license or certification;  (2) Accepting a manufactured or modular home, directly or indirectly, from a manufacturer not certified by the state pursuant to this chapter;  (3) Selling or delivering, directly or indirectly, a manufactured or modular home to a retailer not certified by the state pursuant to this chapter; or  (4) Violating any provision of this chapter or rules promulgated under this chapter.    (g)  (1) In lieu of suspension, revocation, or refusal to renew a license certification, the commission shall have the authority to impose a monetary penalty and may suspend, refuse to renew, or revoke the license or certification until the penalty is paid to the commission. The penalty shall be imposed only if the commission formally finds that the public welfare would not be impaired by the imposition of a monetary penalty rather than suspension, refusal to renew, or revocation and that payment of the monetary penalty should achieve the desired disciplinary purpose.  (2) No monetary penalty imposed by the commission shall exceed one thousand dollars ($1,000) per violation. Each separate transaction shall constitute a separate violation.  (3) The commission shall not impose a civil penalty upon any person whose license or certification is suspended, revoked, or not renewed under this section.    (h) Regarding any violation of this chapter or the Arkansas Manufactured Home Recovery Act,  20-29-101 et seq., the commission shall have the power to issue subpoenas and bring before the commission as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence.  (i) The commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a stay pursuant to this section.  (j) All hearings and appeals therefrom under this section shall be pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (k) The commission may require manufacturers, distributors, and retailers in this state to make reports as it deems necessary. The reports shall be filed with the director.  (l) No license or certification shall be transferred or assigned to any other person.  (m)  (1)  (A) The commission shall have the authority to file suit in the Pulaski County Circuit Court to enjoin any manufacturer, retailer, or installer from doing business in this state without having first secured the required license or certification, or both.  (B) The commission shall have the authority to collect from the manufacturer, retailer, or installer all fees and assessments which the commission would have collected had the manufacturer, retailer, or installer secured the required license or certification, or both.    (2) The commission shall have the authority to impose a monetary penalty not to exceed one thousand dollars ($1,000) per violation by an unlicensed manufacturer, retailer, or installer of any provision of this chapter or of the rules promulgated under this chapter.    (n) The commission shall adopt rules, issue orders, and otherwise act as necessary to:  (1) Comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.  5401 et seq., including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C.  5414; and  (2) Provide for the effective enforcement of all the Manufactured Home Construction and Safety Standards, 24 C.F.R.  3280.1 et seq., in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.  5401 et seq., approved by the United States Secretary of Housing and Urban Development.    
 (a) The Director of the Arkansas Manufactured Home Commission shall be appointed by the Arkansas Manufactured Home Commission.  (b) The director shall administer the code for manufactured homes and the rules promulgated by the commission.  (c)  (1) The director shall establish an inspection system sufficient to ensure compliance with the code by providing for inspections by members of his or her own inspection staff or by authorized representatives certified by the commission.  (2) The director and his or her staff shall have the right to enter and inspect all factories, warehouses, or establishments in which manufactured or modular homes are manufactured.    (d) With the approval of the commission, the director shall:  (1) Establish reasonable fees for certification, including licensing of manufactured or modular home salespersons and setting up, installing, and anchoring manufactured homes; and  (2) Establish monitoring inspection fees in accordance with the guidelines established by the United States Secretary of Housing and Urban Development and provide for participation in the fee distribution system set out in 24 C.F.R.  3282.307.    (e) Within the limits of appropriation, the director may appoint such employees as he or she may deem necessary for the administration of this chapter.  
 (a) No retailer shall sell or offer for sale within this state any new manufactured home unless the manufactured home complies with the code.  (b) No person shall manufacture in this state or manufacture out of this state and ship into this state for sale any new manufactured home unless the manufactured home complies with the code.  
 (a) No retailer shall sell or offer for sale to anyone within this state any manufactured home manufactured after June 15, 1976, unless the manufactured home bears a United States Department of Housing and Urban Development label issued by the United States Department of Housing and Urban Development or its contract agent.  (b) All manufacturers of new manufactured homes in this state shall cause to be affixed a United States Department of Housing and Urban Development label on all manufactured homes.  (c) The Director of the Arkansas Manufactured Home Commission, acting as in-plant primary inspection agency on contract with the United States Department of Housing and Urban Development, shall issue labels to any manufacturer when he or she is sure, by inspection of the plant, that the manufacturer is complying with the federal Manufactured Home Construction and Safety Standards.  (d)  (1) All manufactured homes bearing a United States Department of Housing and Urban Development label issued by the United States Department of Housing and Urban Development pursuant to this chapter shall be deemed to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the construction of such housing.  (2) The determination by the United States Department of Housing and Urban Development of the scope of the approval is final.    (e) No person shall alter or cause to be altered any manufactured home to which a label has been affixed if the alteration or conversion causes the manufactured home to be in violation of the federal Manufactured Home Construction and Safety Standards.  
 (a) Each manufactured home manufacturer in this state and manufacturers of all new manufactured homes shipped into this state for use in this state shall issue with each new manufactured home a warranty generally in use in the industry warranting the manufactured home to be free from material defects and to be manufactured in a workman-like manner.  (b) The warranty shall be to the buyer and shall set forth in writing the following terms:  (1) That the manufactured home is free from any substantial defects in material and workmanship; and  (2) That the manufacturer shall take appropriate corrective action at the site of the manufactured home in instances of substantial defects in materials or workmanship which become evident after the date of delivery of the manufactured home to the buyer, provided the buyer or his or her transferee gives written notice of the defects to the manufacturer at the manufacturer's business address. The manufacturer shall take such action as deemed necessary by the Arkansas Manufactured Home Commission under the code.    (c) The warranty shall be in addition to, and not in derogation of, all other rights and privileges which the buyer may have under any other law or instrument. The manufacturer shall not require the buyer to waive his or her rights under this chapter, and any waiver shall be deemed contrary to public policy and shall be unenforceable and void.  
 All manufacturers, distributors, retailers, and installers in this state shall make and maintain such reports and information deemed necessary and shall provide the United States Secretary of Housing and Urban Development such reports and information as the secretary may require pursuant to Title VI of Pub. L. No. 93-383. 
 All fees collected by the Director of the Arkansas Manufactured Home Commission under this chapter shall be deposited into the State Treasury. The Treasurer of State shall credit the amount paid into a special fund to be designated the Manufactured Home Standards Fund from which appropriations shall be made for the administration of this chapter. 
 (a)  (1) All manufactured home retailers shall be required to provide a written purchase agreement to the purchaser of each new manufactured home sold in the State of Arkansas.  (2) Each written purchase agreement issued by a manufactured home retailer upon the purchase of a new manufactured home shall include, but not be limited to:  (A) The make, model, and gross purchase price of the new manufactured home;  (B) Options or material upgrades which influence the purchase price of the new manufactured home;  (C) Transportation and delivery arrangements, if applicable; and  (D) Installation, set-up, and anchoring arrangements, if applicable.    (3) A knowing violation of this subsection shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act,  4-88-101 et seq., and shall be subject to all remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act,  4-88-101 et seq. This section shall not create a private right of action, but this section shall not preclude any new manufactured home purchaser from availing himself or herself of other legal or administrative remedies provided by other laws.    (b)  (1) All manufactured home retailers shall be required to provide a consumer disclosure to the purchaser of each manufactured home sold in the State of Arkansas.  (2) Each consumer disclosure issued by a manufactured home retailer before the completion of purchase of a manufactured home shall include the following information, as applicable:  (A) A statement that the manufactured home will be required to comply with state requirements for installation;  (B) Notice that the manufactured home may also be required to comply with additional state and local requirements not addressed in the state requirements for installation, such as zoning and connection to required utilities;  (C) That additional information regarding the construction and installation standards is available from the retailer, the Arkansas Manufactured Home Commission, or the United States Department of Housing and Urban Development;  (D) That inspection for compliance with applicable federal, state, and local requirements may involve additional costs to the purchaser; and  (E) A recommendation that any manufactured home installed after its original purchase and installation should be inspected upon reinstallation.      
 (a) As used in this subchapter, tourist camp means:  (1) Any place where:  (A) Buildings or tents are maintained for hire to and used by transient guests; and  (B) Free encampment is permitted to transients for the purpose of securing their trade; and    (2) Any tract of land where space is rented or offered for rent to transients.    (b) As used in this subchapter, tourist camp includes an auto camp, trailer camp, motel, and tourist court.  
 The State Board of Health shall make necessary rules relating to tourist camps, hotels, or rooming houses not in conflict with any provision of this subchapter in order that:   (1) The health and safety of guests may be protected; and  (2) Tourist camps, hotels, or rooming houses may be operated in a lawful manner.  
 (a) It shall be unlawful for any person seeking to become a guest of any tourist camp, hotel, or rooming house to:  (1) Register or permit himself or herself to be registered under an assumed name;  (2) Falsely represent himself or herself as the spouse of any other guest or person seeking to become a guest;  (3) Register or permit himself or herself to be registered under a false address; or  (4) Register or permit to be registered a false automobile license designation.    (b) It shall be unlawful for any operator of a tourist camp, hotel, or rooming house, or any employee of the operator to:  (1) Accept as a guest any person without requiring a full registration as provided in  20-26-206; or  (2) Knowingly accept as a guest a person who has registered under a false name, who has registered with another under a false representation as to their relationship, or who has falsely represented the current license designation of his or her automobile.    
 Any person violating any provision of this subchapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding three (3) months, or by both fine and imprisonment. 
 The Department of Health and the Division of Arkansas State Police are required to assist in the enforcement of this subchapter and of any rules promulgated by the State Board of Health relating to tourist camps, hotels, and rooming houses. 
 (a) Every person operating a tourist camp, hotel, or rooming house shall provide and keep a register in which shall be entered the name and address of every guest to whom accommodations are hired or given.  (b) If a guest is traveling by automobile, the license number and state designation shall be registered.  
 An entity governed by this subchapter shall post information about the National Human Trafficking Resource Center Hotline as required under  12-19-102. 
 It shall be the duty of every guest and of everyone intending to be a guest of any hotel in this state, upon delivering to the proprietor of the hotel, or to his or her servants, any baggage or other articles of property of the guest for safekeeping elsewhere than to the room assigned to the guest to demand, and of the hotel proprietor to give, a check or receipt therefor, to evidence the fact of the delivery. 
 (a) No hotel proprietor shall be liable for the loss of or injury to baggage or other articles of property of his or her guest, unless the baggage or other articles of property shall have been actually delivered by the guest to the hotel proprietor or to his or her servants for safekeeping, or unless the loss or injury occurred through the negligence of the hotel proprietor, or by his or her servants or employees in the hotel.  (b) No innkeeper or hotelkeeper, whether individual, partnership, or corporation, who constantly has in his or her inn or hotel a metal safe or suitable vault in good order, and fit for the custody of money, bank notes, jewelry, articles of gold and silver, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, and bullion, and who keeps on the doors of the sleeping rooms used by guests suitable locks or bolts, and on the transoms and windows of the rooms suitable fastenings, and who keeps a copy of this section printed in distinct type constantly and conspicuously posted in not less than ten (10) conspicuous places in the hotel or inn, shall be liable for the loss or injury suffered by any guest unless the guest has offered to deliver the baggage or other articles of property to the innkeeper or hotelkeeper for custody in the metal safe or vault, and the innkeeper or hotelkeeper has omitted or refused to take it and deposit it in the safe or vault for custody, and to give the guest a receipt therefor.  (c) The keeper of any inn or hotel shall not be obliged to receive from any one (1) guest for deposit in a safe or vault any property hereinbefore described exceeding a total value of three hundred dollars ($300) and shall not be liable for any excess of the property, whether received or not.  (d) However, an innkeeper or hotelkeeper may, by special arrangement with a guest, receive for deposit in a safe or vault any property upon such terms as they may agree to in writing. Every innkeeper or hotelkeeper shall be liable for loss of these enumerated articles of a guest in his or her inn or hotel after the articles have been accepted for deposit if the loss was caused by the theft or negligence of the innkeeper, hotelkeeper, or any of their servants.  
 The liability of the keeper of any inn or hotel, whether individual, partnership, or corporation, for loss of, or injury to, personal property placed by his or her guest under his or her care, other than that described in the preceding sections, shall be that of a depository for hire, except that in case the loss or injury is caused by fire, explosion, vehicle damage, or aircraft damage not intentionally produced by the innkeeper or his or her servants, or by acts of God, the innkeeper shall not be liable, unless the loss is intentionally or negligently caused by the innkeeper or his or her servants. In no case shall liability exceed the sum of three hundred dollars ($300) for each trunk and its contents, one hundred dollars ($100) for each valise and its contents, and twenty-five dollars ($25.00) for each box, bundle, or package and its contents, so placed under his or her care, and all other miscellaneous effects including wearing apparel and personal belongings, one hundred dollars ($100), unless he or she shall have consented in writing with the guest to assume a definite liability. 
 Whenever any person shall allow his or her baggage or property to remain in any inn or hotel, after leaving it as a guest, and after the relation of innkeeper and guest between the guest and the proprietors of the inn or hotel has ceased, or shall forward it to the inn or hotel before becoming a guest thereof, and it shall be received into the inn or hotel, an innkeeper may, at his or her option, hold the baggage or property at the owner's risk. 
 (a) The keeper of any inn, hotel, rooming house, or boardinghouse, whether individual, partnership, corporation, or private home, shall have a lien on the baggage and other property in and about the inn, hotel, rooming house, boardinghouse, or private home belonging to or under the control of his or her guests or boarders for the proper charges due him or her from guests or boarders for the accommodation, board, and lodging, for all moneys paid for or advanced to them not to exceed the sum of two hundred dollars ($200), and for other extras that are furnished at their request.  (b) An innkeeper, hotel, rooming house, or boardinghouse keeper, or owner of a private home shall have the right to detain baggage and other property until the amount of charges is paid.  (c) The baggage and other property shall be exempt from attachment or execution until the innkeeper's lien and the costs of satisfying it are satisfied.  (d) The innkeeper or hotelkeeper shall retain baggage and other property upon which he or she has a lien for a period of ninety (90) days. At the expiration of that time, if the lien is not satisfied, he or she may sell the baggage and other property at public auction, after:  (1) Giving ten (10) days' notice of the time and place of sale in a newspaper of circulation in the county where the inn or hotel is situated; and  (2) Mailing a copy of the notice addressed to the guest or boarder at the place of residence registered by him or her in the register of the inn or hotel.    
 After satisfying the lien and any costs that may accrue, any residue remaining shall, on demand within six (6) months, be paid to the guest or boarder. If not so demanded within six (6) months from the date of the sale, the residue shall be deposited by the innkeeper or hotelkeeper with the treasurer of the county in which the inn or hotel is situated, together with a statement of the innkeeper's claim and the cost of enforcing it, a copy of the published notice, and of the amounts received for the goods sold at the sale. The residue shall, by the county treasurer, be credited to the general revenue fund of the county, subject to a right of the guest or boarder, or his or her representative, to reclaim at any time within three (3) years of the date of deposit with the county treasurer. 
 (a) It shall be the duty of every hotel or innkeeper in this state to furnish clean and fresh bed linens, unused by any other person or guest since the last laundering of the bed linens, on all beds assigned to the use of any guest or patron of the inn, or hotel, and any proprietor, lessee, manager, or agent of any inn, or hotel, or clerk in it, who shall fail or refuse to comply with the foregoing provisions and requirements shall be guilty of a misdemeanor.  (b) The proprietor, lessee, manager, agent, or clerk in charge of the operation or conduct of the inn or hotel, whenever any violations of the provisions of this section shall occur, shall be guilty of a misdemeanor, and on conviction shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or be imprisoned for a term not exceeding ten (10) days, or be punished by both fine and imprisonment.  
 (a) It shall be the duty of every hotel or innkeeper in this state to properly screen with wire cloth or gauze mesh not to be more than 1/32 the doors and windows of the kitchen and dining room, and all openings therein, of the inn or hotel.  (b) Any proprietor, lessee, manager, agent, or clerk of an inn or hotel who shall fail or refuse to comply with the requirements of subsection (a) of this section shall be guilty of a violation and upon conviction shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).  
 (a) It shall be the duty of every manager or person in charge of the conduct of any hotel or inn in this state to keep toilet rooms used in connection with the inn or hotel and provided for the use of guests or patrons of the inn or hotel in a clean and sanitary condition.  (b) Any manager or person in charge of the operation and conduct of any inn or hotel shall be guilty of a violation and upon conviction shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100) if that person shall:  (1) Permit the toilet stools provided for the use of guests or patrons to become foul or filthy or the vault thereof to become full or clogged with fecal matter; or  (2) Fail to keep the stools, seats, and floors of the toilet rooms clean and washed regularly when necessary and in no case less than one (1) time per week.    
 (a) Every person operating a tourist camp, motel, or auto court shall provide for the purpose of heating the individual rooms in the tourist camp, motel, or auto court stoves or heating units adequately vented to carry the products of combustion to the outside atmosphere.  (b)  (1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be fined in any sum of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).  (2) Each day of violation shall constitute a separate offense.    
 The purpose of this subchapter is to protect the public health and safety and the environment and to qualify the Division of Environmental Quality to adopt, administer, and enforce a program for licensing training providers involved with the training of regulated asbestos professionals, for licensing asbestos abatement consultants and asbestos abatement contractors, and for certifying air monitors, contractor-supervisors, inspectors, management planners, project designers, and workers involved with demolitions, renovations, and asbestos-response actions in which regulated asbestos-containing materials are disturbed in accordance with this subchapter, the Arkansas Water and Air Pollution Control Act,  8-4-101 et seq., and rules issued pursuant thereto. 
 (a) Any person who violates any provision of this subchapter or commits any unlawful act thereunder or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission shall be subject to the penalty provisions provided in  8-4-103.  (b) All moneys collected as civil penalties shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by  8-7-509.  
 As used in this subchapter:   (1) Air monitor means any person who collects airborne samples for analysis of asbestos fibers;  (2) Asbestos abatement consultant means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, or response actions which will involve, or may involve, the removal or disturbance of asbestos-containing materials in any facility;  (3) Asbestos abatement contractor means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, or response actions which will involve, or may involve, the removal or disturbance of asbestos-containing materials in any facility;  (4) Category I nonfriable asbestos-containing material means asbestos-containing packings, gaskets, resilient floor coverings, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy;  (5) Category II nonfriable asbestos-containing material means any material excluding Category I nonfriable asbestos-containing materials containing more than one percent (1%) asbestos as determined using the methods specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure;  (6) Certificate means a document issued by the Division of Environmental Quality to any person certifying that that person has satisfactorily completed asbestos training, examination, and other requirements established by the division to perform the duties of the following:  (A) Air monitor;  (B) Contractor/supervisor;  (C) Inspector;  (D) Management planner;  (E) Project designer; and  (F) Worker;    (7) Contractor/supervisor means any person who supervises the following activities with respect to friable asbestos-containing material in a facility:  (A) A response action other than a small-scale short-duration activity;  (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or  (C) A response action for a major fiber-release episode;    (8) Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or intentional burning of a facility;  (9) [Repealed.]  (10) [Repealed.]  (11) Eligible structure means a structure that:  (A) Contains friable asbestos materials;  (B) Unexpectedly collapses, is at imminent risk of collapse, or fails in its structural integrity; and  (C) Is not a single or multifamily dwelling;    (12)  (A) Facility means:  (i) Any institutional, commercial, public, industrial, or residential structure, installation, or building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative but excluding residential buildings having four (4) or fewer dwelling units;  (ii) Any ship; and  (iii) Any active or inactive waste disposal site.    (B) For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation, or building that was previously subject to this rule is not excluded, regardless of its current use or function;    (13) Friable asbestos materials means any materials containing more than one percent (1%) asbestos as determined by using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, that when dry can be crumbled, pulverized, or reduced to powder by hand pressure;  (14) Inspector means any person who inspects for asbestos-containing material in a facility;  (15) License means a document issued by the division to an asbestos abatement contractor, asbestos abatement consultant, or training provider who meets the criteria for licensing as established by the division;  (16) Management planner means any person who prepares management plans for a school;  (17) Nonfriable asbestos-containing material means any material containing more than one percent (1%) of asbestos as determined using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure;  (18) Owner or operator means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both;  (19) Project designer means any person who designs the following activities with respect to friable asbestos-containing material in a facility:  (A) A response action other than a small-scale short-duration activity;  (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or  (C) Response action for a major fiber-release episode;    (20) Regulated asbestos-containing material means:  (A) Friable asbestos material;  (B) Category I nonfriable asbestos-containing material that has become friable;  (C) Category I nonfriable asbestos-containing material that will be or has been subjected to sanding, grinding, cutting, or abrading; or  (D) Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subchapter;    (21) Renovation means altering a facility or one (1) or more facility components in any way, including the stripping or removal of regulated asbestos-containing material from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions;  (22) Response action means a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable asbestos-containing material;  (23) Stabilization and abatement activity means an activity relating to the abatement of friable asbestos materials in an eligible structure, including without limitation inspection, removal, site stabilization, and remediation;  (24) Training provider means any person or other legal entity, however organized, that conducts some or all of the training programs for asbestos professional disciplines which are regulated by the division; and  (25) Worker means any person who carries out any of the following activities with respect to friable asbestos-containing material in a facility:  (A) A response action other than a small-scale short-duration activity;  (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or  (C) A response action for a major fiber-release episode.    
 The Division of Environmental Quality shall be charged with the responsibility of administering and enforcing this subchapter and is given and charged with the following powers and duties:   (1) To require and regulate training and examinations for all disciplines certified by this subchapter and the rules promulgated pursuant to this subchapter;  (2) To establish standards and procedures for the licensing of consultants, contractors, and training providers and to establish performance standards for the abatement of friable and nonfriable asbestos materials. The performance standards shall be as stringent as those standards adopted by the United States Environmental Protection Agency pursuant to section 112 of the Clean Air Act, 42 U.S.C.  7401 et seq.;  (3) To enforce rules necessary or appropriate to the implementation of this subchapter, including taking legal action in any court of competent jurisdiction;  (4) To issue licenses and certificates to all applicants who satisfy the requirements of this subchapter and any rules issued pursuant to this subchapter, to renew the licenses and certificates, and to suspend or revoke the licenses and certificates for cause and after notice and opportunity for hearing;  (5) To establish annual license fees for asbestos abatement consultants, asbestos abatement contractors, and training providers, annual certification fees for air monitors, contractor/supervisors, inspectors, management planners, project designers, and workers in order to recover the costs of processing license and certificate applications and the issuance of licenses and certificates, and such other fees as are necessary to recover the costs of enforcing this subchapter; and  (6) To expend necessary funds from the Asbestos Control Fund to develop and administer the Asbestos Abatement Grant Program.  
 The procedures of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on licenses, right of appeal, presumptions, finality of actions, and related matters shall be as provided in the Arkansas Water and Air Pollution Control Act,  8-4-101 et seq., including, but not limited to,  8-4-205, 8-4-210, 8-4-212  8-4-214, and 8-4-218  8-4-229. 
 (a) Any asbestos abatement consultant or asbestos abatement contractor shall obtain a license under this section from the Division of Environmental Quality before actively engaging in any asbestos demolition, renovation, or asbestos response action, and any training provider shall obtain a license under this section from the division before actively engaging in any asbestos training as provided by this subchapter.  (b)  (1) The application for license shall be made in the manner and form required by the division. An application for license or renewal of a license shall be accompanied by proof of liability insurance coverage in the form and amount required by the division and proof of training and examination as required by the division.  (2) Training providers shall not be required to furnish proof of liability insurance coverage under subdivision (b)(1) of this section.    (c)  (1) The division shall license all applicants for licenses under this subchapter who satisfy the requirements of this subchapter.  (2) Licenses shall be valid for a period of one (1) year.  (3) Licenses shall be renewable upon application and upon satisfying the renewal requirements of the division.    (d) State and federal governments and subdivisions thereof shall be exempt, except for training providers, from the license requirements of this section.  
 It shall be unlawful for any person:   (1) To conduct:  (A) Asbestos response actions, demolitions, or renovations without having first obtained a license from the Division of Environmental Quality when acting as an asbestos abatement consultant or as an asbestos abatement contractor;  (B) Training without having first obtained a license from the division when acting as an asbestos training provider; or  (C) Asbestos response actions, demolitions, or renovations without having first obtained certification from the division when acting as a clearance air monitor, contractor/supervisor, inspector, management planner, project designer, or worker;    (2) To participate in any response action, demolition, or renovation contrary to the rules or orders issued under this subchapter or contrary to the Arkansas Water and Air Pollution Control Act,  8-4-101 et seq., and the Arkansas Solid Waste Management Act,  8-6-201 et seq., and the rules promulgated thereunder, whether or not such person is required to have a license or certificate pursuant to this subchapter;  (3) To knowingly make any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter or rules adopted pursuant to this subchapter or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted pursuant to this subchapter; or  (4) To violate any provision of this subchapter or any rule or order adopted or issued under this subchapter.  
 (a) There is created within the Division of Environmental Quality the Asbestos Abatement Grant Program, which shall be used to provide financial assistance to an eligible city or county to be used exclusively for the purpose of one (1) or more stabilization and abatement activities as provided in this subchapter.  (b) The total grant funds approved under this subchapter shall not exceed one hundred fifty thousand dollars ($150,000) per fiscal year.  
 (a)  (1) A city or county with a population of less than fifty thousand (50,000) according to the most recent federal decennial census may apply to the Division of Environmental Quality for grant funds to be used under this subchapter.  (2) Grant funds approved for use by a county shall not be used for a stabilization and abatement activity within a city that has a population of fifty thousand (50,000) or greater according to the most recent federal decennial census.    (b) To be eligible to receive grant funds under this subchapter, a city or county shall certify the following information to the division in the form required by the division for grant applications under this subchapter:  (1) Verification from an authorized local government official that:  (A) There is an eligible structure located in the city or county;  (B) The city or county either:  (i) Owned the eligible structure at the time the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; or  (ii) Has taken ownership of the eligible structure since the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; and    (C) The city or county did not cause or contribute to the collapse or failure of the structural integrity of the eligible structure;    (2) Verification in the form of a report and site assessment from an asbestos abatement consultant or asbestos abatement contractor licensed under  20-27-1006 that the friable asbestos materials in the eligible structure pose a potential threat to public health;  (3) A proposed project design and work plan that complies with the rules of the Arkansas Pollution Control and Ecology Commission; and  (4) An estimate of the anticipated costs associated with and any costs already incurred for each stabilization and abatement activity.    (c) When the division approves a grant application received under this section, the division shall distribute grant funds based on the available moneys dedicated to the Asbestos Abatement Grant Program in the Asbestos Control Fund according to procedures established by the Director of the Division of Environmental Quality.  
 The grant funds approved under  20-27-1009 may be used for the following:   (1) The cost of activities undertaken in an approved grant application by a city or county in the normal course and customary practice of a stabilization and abatement activity for an eligible structure owned by a city or county in the following amounts:  (A) Not more than fifty percent (50%) of the total cost of asbestos abatement activities; and  (B) Not more than two thousand dollars ($2,000) for the initial asbestos inspection; or    (2) If the Division of Environmental Quality determines that an asbestos emergency exists that constitutes an immediate threat to human health or the environment, the costs associated with the stabilization and remediation of the emergency asbestos conditions.  
 (a) Within thirty (30) days of receiving grant funds under this subchapter, a city or county shall provide a report to the Division of Environmental Quality that includes the following:  (1) The manner in which the grant funds were expended by the city or county;  (2) The results produced or the progress made using the grant funds; and  (3) A copy of each contract, invoice, purchase order, check, and other supporting documentation associated with the expenditures of the grant funds for each stabilization and abatement activity.    (b) If the stabilization and abatement activity for which grant funds are approved is not complete at the time of the report required under subsection (a) of this section, the city or county shall:  (1) Notify the division of the date the city or county expects the stabilization and abatement activity to be complete; and  (2) Continue to report its progress to the division every fourteen (14) days until the approved stabilization and abatement activity is complete and the requirements of this section are met.    (c)  (1) A city or county that receives grant funds under this subchapter shall immediately return to the division any unused portion of the grant funds when the stabilization and abatement activity is complete.  (2) The division shall deposit any unused grant funds returned to the division by a city or county under subdivision (c)(1) of this section into the Asbestos Control Fund to be used exclusively for the Asbestos Abatement Grant Program.    
 The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement this subchapter. 
 Any person who knowingly violates any provision of this subchapter or any rule or order adopted pursuant to this subchapter shall be guilty of a Class B misdemeanor. 
 (a) The Director of the Division of Labor shall promulgate rules to establish minimum standards for the qualifications of those individuals performing blasting in Arkansas.  (b) The director shall implement, enforce, and administer this subchapter and the rules adopted pursuant to this subchapter.  (c) Rules under this section shall be adopted pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (d)  (1) The director may establish by rule fees for certifying individuals as qualified to perform blasting in Arkansas.  (2) The fees shall not exceed the sum of thirty dollars ($30.00) per applicant.    
 This subchapter shall not apply to the following:   (1) Blasting conducted at a surface coal mine regulated by the Division of Environmental Quality pursuant to the Arkansas Surface Coal Mining and Reclamation Act of 1979,  15-58-101 et seq.; and  (2) Blasting conducted during seismic operations regulated by the Oil and Gas Commission pursuant to  15-71-114.  
 (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.  
 This subchapter may be called the Arkansas Quarry and Open Pit Mine Blasting Control Act. 
 As used in this subchapter:   (1) Blasting means the use of explosives or a blasting agent;  (2) Blasting agent means any material or mixture, consisting of fuel and oxidizer, that is intended for blasting if the finished product, as mixed for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined;  (3) Contractor means any person conducting blasting at a quarry or open pit mine other than the owner or operator and its employees;  (4) [Repealed.]  (5) [Repealed.]  (6) Explosives means any substance classified as an explosive by either state or federal law;  (7) Mine means any quarry or open pit;  (8) Operator means any person conducting surface mining operations at a quarry or open pit;  (9) Owner means the actual owner of the mine;  (10) Person means any individual, partnership, corporation, business, or other entity; and  (11) Quarry or open pit mine means any open excavation, prospect opening, pit, bank, or open-cut workings for the surface extraction of minerals, stone, or other product for commercial use, excluding coal.  
 (a) Blasting shall be conducted to prevent injury to persons, damage to public or private property, adverse impact on any underground mine, and change in the course, channel, or availability of surface or ground water outside the mine's perimeter.  (b)  (1) In blasting operations, airblast shall not exceed the maximum limits set forth in 30 C.F.R.  816.67(b), at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator.  (2)  (A) If necessary to prevent damage, the Director of the Division of Labor may require lower maximum allowable airblast levels than those specified in subdivision (b)(1) of this section for use in the vicinity of a specific blasting operation.  (B) Such an action shall only be taken following consultation with whatever expert or experts the director deems appropriate.    (3)  (A) The director may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken.  (B) The measuring system shall have an upper-end flat frequency response of at least two hundred hertz (200 Hz). The measuring system shall also have a low-end frequency response of two hertz (2 Hz) and be within minus three decibels (-3 dB) at two hertz (2 Hz).      (c)  (1) Flyrock from blasting operations, traveling in the air or along the ground, should not be cast from the mine site.  (2) In the event that flyrock is cast from the mine site, the owner or operator and contractor shall be liable and responsible for any damages, including cleanup and removal of the flyrock.    (d)  (1)  (A) In blasting operations, ground vibration shall not exceed the maximum limits established in accordance with either the maximum peak particle velocity limits contained in 30 C.F.R.  816.67(d)(2), or the scaled-distance equation established at 30 C.F.R.  816.67(d)(3), at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator.  (B) If a seismographic record for a blast exists or is required, the maximum limit for ground vibration shall be the peak particle velocity limits contained in 30 C.F.R.  816.67(d)(2), at any structure, residence, public building, school, church, or commercial or institutional building.    (2)  (A) If necessary to prevent damage, the director may require lower maximum allowable ground vibration levels than those specified in subdivision (d)(1) of this section for use in the vicinity of a specific blasting operation.  (B) Such action shall only be taken following consultation with whatever expert or experts the director deems appropriate.    (3) The director may require an owner or operator to conduct seismic monitoring of any blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.    (e)  (1) The maximum limits for airblast and ground vibration as specified in subdivisions (b)(1) and (d)(1) of this section shall be construed as the threshold below which blasting damage is unlikely to occur. However, the director shall have the authority to promulgate rules requiring more or less restrictive limits, as appropriate.  (2) Such an action shall only be taken following consultation with whatever expert or experts the director deems appropriate.    (f)  (1) If a pit or quarry is closer than three hundred feet (300') from any public highway, road, or street, no blasting shall be conducted without the prior written approval of the director.  (2) Notwithstanding subdivision (f)(1) of this section, any quarry or pit in existence on July 1, 1995, shall be allowed to continue operations without obtaining the written approval of the director.    (g)  (1) All blasting operations shall be conducted between sunrise and sunset, unless extraordinary circumstances arise which would necessitate conducting a blast outside these hours.  (2) Such circumstances shall be documented in the blast records required by  20-27-1305.    (h)  (1) Before the firing of a blast, the owner or operator or contractor shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area.  (2) The owner or operator shall inform all employees at the operation as to the established procedure.    
 (a)  (1) Any owner or operator and contractor conducting blasting operations in this state on July 1, 1995, shall notify the Director of the Department of Labor of each site or location on which blasting operations are conducted.  (2) Such notice shall be filed with the Department of Labor no later than October 1, 1995.    (b) Any owner or operator and contractor which, after July 1, 1995, begins blasting at a new site or location, or at a site on which no blasting has occurred for a period of six (6) consecutive months, shall notify the director of its operation at least twenty-four (24) hours in advance of the initial blast.  (c) The notice required by subsections (a) and (b) of this section shall be on a form approved by the director and shall include, but not be limited to, the following information:  (1) The name, address, and telephone number of the mine owner or operator;  (2) The name, address, and telephone number of the operator or contractor performing the blast;  (3) The location of the quarry site or open pit mine; and  (4) The location where the records of the blasting operations are to be maintained.    (d) All owners and operators and contractors shall notify the director in writing of any change of address or location.  
 (a)  (1) The owner or operator shall retain a record of all blasts for at least three (3) years.  (2) Upon request, copies of these records shall be made available to the Division of Labor for inspection.  (3) The records shall contain the following data:  (A) The name of the operator or contractor conducting the blast;  (B) The location, date, and time of the blast;  (C) The name and signature and the state certification number of the blaster conducting the blast;  (D) The identification and direction and distance, in feet, from the nearest blast hole to the nearest structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of the mine which is owned or leased by a person other than the mine owner or operator;  (E) The weather conditions, including those which may cause possible adverse blasting effects;  (F) The type of material blasted;  (G) The sketches of the blast pattern, including number of holes, burden, spacing, decks, and delay pattern;  (H) The diameter and depth of the holes;  (I) The types of explosives used;  (J) The total weight of explosives used per hole;  (K) The maximum weight of explosives detonated in an eight-millisecond period;  (L) The initiation system;  (M) The type and length of stemming;  (N) The mats or other protection used;  (O) The seismographic and airblast records, if required, which shall include:  (i) The type of instrument, the sensitivity, and the calibration signal or certification of annual calibration;  (ii) The exact location of the instrument and the date, time, and distance from the blast;  (iii) The name of the person and firm who set up the instrument;  (iv) The name of the person and firm taking the reading;  (v) The name of the person and firm analyzing the seismographic record; and  (vi) The vibration level or airblast level, or both, recorded;    (P) The reasons and conditions for each unscheduled blast; and  (Q) The reasons and conditions for any blast conducted before sunrise or after sunset.      (b)  (1) The records required by subsection (a) of this section shall be maintained at the mine where the blast was conducted or at the regular business location of the owner or operator.  (2) Copies of the records required by subsection (a) of this section shall be maintained by the contractor.    
 (a) All owners, operators, and contractors covered by this subchapter shall maintain a policy of insurance issued by an insurance company authorized to do business in Arkansas and insuring the owner, operator, or contractor against liability for personal injury or property damage arising out of the operation or use of the mine in the minimum amount of one million dollars ($1,000,000) for each incident or occurrence.  (b) Proof of such coverage shall be made available to the Director of the Division of Labor or his or her authorized representative upon request.  
 (a) This subchapter shall not apply to any mine in existence or operation on July 1, 1995, unless the mine or quarry site has been the subject of a criminal or civil proceeding resulting from its blasting operations within the three-year period before January 1, 1995.  (b) Notwithstanding subsection (a) of this section, the authority of the Director of the Division of Labor shall not be restricted with respect to:  (1) Mines or quarries which were in existence and operation on July 1, 1995, but which change owners or operators after July 1, 1995; or  (2) New or existing mines or quarries which were not in operation on July 1, 1995.    
 (a) In addition to other powers and authority provided by law, the Director of the Division of Labor or his or her authorized representative shall have the following authority:  (1) To promulgate rules for the administration and enforcement of this subchapter after public hearing and opportunity for public comment;  (2) To establish by rule standards for the performance of blasting operations at mines after public hearing and opportunity for public comment;  (3) To investigate as to any violation of this subchapter or any rule or order issued under this subchapter;  (4) To administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all records and other evidence relative to any matter under investigation or hearing;  (5) To enter and inspect during normal business hours any mine, any place of business of a mine owner or operator, or any place of business of any contractor engaged in blasting operations at any mine for the purpose of ascertaining compliance with this subchapter and any rule or order issued under this subchapter. This right of entry includes the right to examine, inspect, and copy any appropriate records and to question any employees;  (6) To issue cease and desist orders, as well as orders directing that affirmative measures be taken to comply with this subchapter and any rule issued under this subchapter;  (7) To require, at his or her discretion, a mine owner or operator or contractor to offer a pre-blast survey of all buildings or structures up to a radius of one-half (12) mile of the perimeter of the mine before the initiation of blasting or the continuation of blasting under such terms and conditions as may be established by order of the director;  (8) To require, at his or her discretion, a mine owner or operator or contractor to develop and submit a blasting plan for approval;  (9) To require, at his or her discretion, a mine owner or operator or contractor to monitor and measure air blasts or ground vibration, or both, under such terms and conditions as may be established by order of the director or to conduct such monitoring and measuring through his or her authorized representative;  (10) To issue a variance from any specific requirement of this subchapter or any rule issued under this subchapter, provided that literal compliance would constitute an undue hardship and that reasonable safety of persons and property is secured;  (11) To certify to official acts;  (12) To assess civil penalties as provided in  20-27-1313; and  (13) To enforce generally this subchapter and the rules and orders issued under this subchapter.    (b) In determining whether to order a pre-blast survey or whether to order monitoring and measurement of air blasts and ground vibration, the director may consider the nature of any written complaints made against that owner or operator or contractor or any written complaints about that specific mine location, as well as the number and frequency of such complaints.  (c) In case of failure of any person to comply with any subpoena lawfully issued under this section or upon the refusal of any witness to produce evidence or to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of any circuit court or judge thereof, upon application of the Division of Labor, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify therein.  
 (a) All hearings conducted by the Director of the Division of Labor and all orders, notices, and assessments shall conform to the requirements of the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (b) Service of any notice, order, or assessment may be made by delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to the person at his or her principal place of business as last of record with the Division of Labor.  (c)  (1) Any administrative order issued by the director shall be final, unless within twenty (20) days after service of notice thereof, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the order is contested.  (2) A complainant entitled to notice is any person who has made a written complaint within the past three (3) years to the division regarding the blasting operations of the person charged with the violation.    (d) If an order is contested, a final administrative order shall be made after hearing.  (e) Any final administrative action is subject to appeal pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq.  
 (a) The Director of the Division of Labor shall consult the State Fire Marshal regarding the adoption of any rules.  (b) The Division of Labor and the State Fire Marshal shall cooperate and coordinate their activities in order to avoid duplication of services.  
 (a) All existing rules of any other state agency relating to subjects embraced within this subchapter shall remain in full force and effect unless expressly repealed, amended, or superseded by the state agency affected.  (b) All orders entered, permits granted, and pending legal proceedings instituted by any person, public or private, relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the Director of the Division of Labor under this subchapter.  (c) No existing civil or criminal remedies, public or private, for any wrongful action relating to subjects embraced by this subchapter shall be excluded or impaired by this subchapter.  
 (a) Except as provided in subsection (b) of this section, any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter shall be guilty of a Class A misdemeanor.  (b)  (1) It shall be unlawful for a person to:  (A) Violate any provision of this subchapter or any rule or order issued under this subchapter and leave the state or remove his or her person from the jurisdiction of this state;  (B) Purposely, knowingly, or recklessly conduct blasting in a manner prohibited by this subchapter or any rule or order issued under this subchapter and thereby create a substantial likelihood of adversely affecting the health, safety, welfare, or property of any person, including the state or any political subdivision of the state; or  (C) Purposely or knowingly make any false statement, representation, omission, or certification in any document required to be maintained under this subchapter or to falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter.    (2) A person who violates this subsection shall be guilty of a Class D felony.    
 (a)  (1) Any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter may be assessed an administrative civil penalty by the Director of the Division of Labor in an amount not to exceed ten thousand dollars ($10,000) per violation.  (2) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment.    (b)  (1) Assessment of a civil penalty by the director shall be made no later than three (3) years from the date of the occurrence of the violation.  (2)  (A) In his or her discretion, the director may accept payment of assessed civil penalties in installments.  (B) The assessment by the director shall be final, unless, within twenty (20) days after service of notice thereof by certified mail, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the proposed assessment is contested.  (C) If an assessment is contested, a final administrative determination shall be made pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq.      (c) When finally determined, the amount of any assessment may be recovered in a civil action brought by the director in a court of competent jurisdiction without paying costs or giving bond for costs.  (d)  (1) Sums collected as reimbursement for expenses, costs, and damages to the Division of Labor shall be deposited into the operating fund of the division.  (2) Sums collected as civil penalties shall be deposited into the General Revenue Fund Account of the State Apportionment Fund.    (e) Notice of any assessment by the director shall be served on any person who has made a written complaint within the past three (3) years to the division regarding the blasting operations of the person charged with the violation.  
 In addition to the civil penalty provided in  20-27-1313, the Director of the Division of Labor may petition any court of competent jurisdiction without paying costs or giving bond for costs to:   (1)  (A) Enjoin or restrain any violation of or compel compliance with this subchapter and any rules or orders issued under this subchapter.  (B) In situations in which there is an imminent threat to public or worker safety or to property, the director may seek a temporary restraining order for the cessation of any blasting;    (2) Affirmatively order that such remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; and  (3) Recover all costs, expenses, and damages to the Division of Labor and any other agency or subdivision of the state in enforcing or effectuating this subchapter.  
 Any person adversely affected by a violation of this subchapter or any rules or orders issued pursuant to this subchapter shall have a private right of action for relief against the violator. 
 The owner or operator of any quarry or open pit mine where a blast is conducted and any contractor conducting the blast shall be jointly and severally liable for violations of this subchapter and any rules issued under this subchapter. 
 In addition to all other remedies provided by this subchapter, the Attorney General and the prosecuting attorney of a county may apply to the circuit court or the judge in vacation of the county where the quarry or open pit mine is located for an injunction to restrain, prevent, or abate a public nuisance related to the subjects embraced by this subchapter or any violation of this subchapter or the rules or orders issued under this subchapter. 
 Chlorinated polyvinyl chloride SDR11 pipe and fittings may hereafter be used in the above-concrete installation of potable hot and cold water distribution systems in residential structures containing no more than four (4) living units. 
 As used in this subchapter:   (1) Artist means any person other than a licensed physician who performs body art on a human;  (2) Artist in training means a person who:  (A) Is in training under the supervision of an artist trainer or a physician; and  (B) Shall not perform body art independently;    (3) Artist trainer means an artist who:  (A) Has been licensed by the Department of Health as an artist for at least five (5) years in the specified field of body art in which he or she will offer training;  (B) Has worked in a body art establishment licensed by the department for at least five (5) years and been in compliance with department rules governing body artists;  (C) Has completed the course required under  20-27-1506; and  (D) Is a registered instructor for the specified field of body art with the department;    (4) Body art means procedures that include:  (A) Tattooing;  (B) Body piercing;  (C) Branding;  (D) Permanent cosmetics; or  (E) Scarification;    (5)  (A) Body piercing and body piercing procedure mean the puncturing of a part of a live human being to create a hole for ornamentation or decoration or a single-point perforation of a body part to insert an anchor with a single stud protruding or flush with the skin.  (B) Body piercing or body piercing procedure shall not include piercing an earlobe with a presterilized, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the earlobe;    (6) Branding means a permanent mark made on human tissue by burning with a hot iron or other instrument;  (7) Critical item means an aspect of operation or condition of a facility or equipment that constitutes the greatest hazard to health and safety, including imminent health hazards;  (8) Establishment means any place or facility:  (A) Where body art is performed; and  (B) That has a body artist licensed in Arkansas on staff;    (9) Guest artist means an artist from a state other than Arkansas or a country other than the United States who:  (A) Holds a license from the body art regulatory board or agency, if in existence, in that state or country; or  (B) If an artist license is not available in the guest artist's state or country, can submit to the department evidence of professional experience, employment, and education including:  (i) Proof of blood-borne pathogen certification; and  (ii) Proof of employment in a licensed body art facility for at least two (2) years;      (10) Instrument means equipment used during body art, including without limitation:  (A) Forceps;  (B) Hemostats;  (C) Needles;  (D) Permanent cosmetic needles and tips;  (E) Receiving tubes; and  (F) Tattoo barrels and tubes;    (11) Permanent cosmetics and permanent cosmetic procedure mean the application of permanent or semipermanent pigmentation by the penetration of the skin with a needle or instrument to:  (A) The face for cosmetic purposes; or  (B) Any part of the body for scar coverage or other corrective purposes;    (12) Repigmentation means recoloration of the skin, including through the use of dermabrasion or chemical peels, sought due to:  (A) Birthmarks, vitiligo, or other skin conditions that result in the loss of melanin to the skin;  (B) Scarring caused by surgical procedures, including without limitation face lifts, mole or wart removal, cauterization, and other similar procedures;  (C) Mastectomy, including recreation of an areola or nipple; or  (D) Blotchy pigmentation;    (13) Scarification means injury of the skin involving scratching, etching, or cutting of designs to produce a scar on a human being for ornamentation or decoration;  (14) Sponsor means an individual or business entity, including an event coordinator or manager, responsible for the organization of a convention, trade show, or other temporary event that includes a body art demonstration booth;  (15) Subdermal implanting means the insertion of an object under the skin of a live human being for ornamentation or decoration; and  (16)  (A) Tattooing and tattoo procedure mean any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin by introducing pigments or by the production of scars to form indelible marks with the aid of needles or other instruments.  (B) Tattooing and tattoo procedure do not include permanent cosmetics.    
 (a)  (1) A person under eighteen (18) years of age shall not undergo body art unless:  (A) Written consent is given by the person's parent or legal guardian;  (B) The parent or legal guardian is present during the procedure;  (C) The person to undergo body art and the parent or legal guardian each provide a valid government-issued form of identification that includes a name, date of birth, and photo; and  (D) The parent or legal guardian presents proof of guardianship that matches the identification given, including without limitation a birth certificate or a court or state record for adoption, legal guardianship, emancipation, or a marriage license.    (2) The artist shall retain for at least two (2) years a copy of a photo identification and a proof of guardianship presented under subdivision (a)(1) of this section.    (b) A person shall not perform body art on a person under sixteen (16) years of age, regardless of parental consent, except:  (1) When authorized or prescribed by a physician's statement exclusively for repigmentation; or  (2) When piercing the earlobe.    (c) It is unlawful to perform body art on the nipple or genitalia of a person under eighteen (18) years of age regardless of parental consent, except when authorized or prescribed by a physician's statement exclusively for repigmentation.  (d) It is unlawful to perform branding on a person under eighteen (18) years of age regardless of parental consent.  (e) Regardless of age, the person receiving the body art shall attest to the fact that he or she is not under the influence of drugs or alcohol.  (f) Printed and verbal instructions on the care of the skin and the body art shall be given to each person after the procedure, and a copy of the instructions shall be posted in a conspicuous place in the body art establishment.  (g)  (1)  (A) In addition to the attestations required in subsections (a) and (e) of this section, records shall be kept of all persons receiving body art and of the parents or guardians giving consent under the rules promulgated by the State Board of Health to implement this subchapter.  (B) If the person to undergo body art is under eighteen (18) years of age, the record shall include the printed legal name and signature of the parent or legal guardian.    (2) All records shall be retained for at least two (2) years from the last date recorded in the bound book.  (3) All required signatures shall be in ink, and required records shall be available at a reasonable time for examination by the Department of Health and by local health officials.    (h)  (1) Except as provided in subsections (a)-(c) of this section, it is unlawful to perform body art on a person under eighteen (18) years of age, and any person who pleads guilty or nolo contendere to or is found guilty of a violation of this subdivision (h)(1) is guilty of a Class A misdemeanor.  (2) Any person who falsely claims to be the minor's parent or legal guardian for the purpose of obtaining body art for a person under eighteen (18) years of age shall be guilty of a Class D felony.  (3) It is not a defense to a criminal prosecution under subdivision (h)(1) of this section that at the time of the offense the person who received the body art possessed a letter of consent from the person's parent or legal guardian if the letter was forged or if a person falsely assumed the identity of the minor's parent or legal guardian.  (i) (1) It is unlawful to perform body art in any unlicensed facility.     Fifty percent (50%) to the State of Arkansas;   Twenty-five percent (25%) to the city or county that levied and collected the fine; and   Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department.         (2)  A person who pleads guilty or nolo contendere to or is found guilty of a violation of subdivision (i)(1) of this section is guilty of a Class D felony.    (3)  A fine collected under this section, less court fees, shall be allocated as follows: 
 (a)  (1) Body art establishments which and artists who perform body art shall be licensed by the Department of Health.  (2) A body art training facility shall be licensed by the department as an establishment and as an approved body art training facility.  (3) An artist from a state other than Arkansas or a country outside of the United States who holds a license from the body art regulatory board or agency in that state or country may submit an application for qualifications review by the department to determine eligibility for a body art license based upon criteria established by the department.  (4) The business premises, equipment, procedures, techniques, and conditions of those businesses shall be subject to at least one (1) inspection by the department.    (b)  (1) The department may adopt appropriate rules regarding the artists, premises, equipment, procedures, techniques, and conditions of establishments which perform procedures subject to this subchapter to assure that the premises, equipment, procedures, techniques, and conditions are aseptic and do not constitute a health hazard.  (2) Any rule affecting body art establishments in effect on August 13, 2013, shall remain in effect until the State Board of Health adopts rules under this subchapter.    (c) Applicants for a license shall file applications upon forms prescribed by the department.  (d) A license shall be issued only for the premises and persons in the application and shall not be transferable.  (e)  (1)  (A) The department shall levy and collect an annual fee of one hundred fifty dollars ($150) per facility for issuance of a license to an establishment that performs body art.  (B) The department shall levy and collect an annual fee of one hundred dollars ($100) per artist for issuance of a license to an artist who performs body art.    (2)  (A) The department shall collect a one-time fee of five hundred dollars ($500) per artist licensed in a state other than Arkansas or a country other than the United States who applies for qualifications review by the department.  (B) The fee for written and practical exams under  20-27-1508 is not required for an applicant under subdivision (e)(2)(A) of this section for exams taken to complete requirements established by the department.  (C) Upon satisfactory completion of the requirements by the applicant and approval of qualifications established by the department, a body artist license shall be issued to an applicant under subdivision (e)(2)(A) of this section.  (D) The department shall collect the annual artist fee of one hundred dollars ($100) after the issuance of a license under subdivision (e)(2)(C) of this section.    (3) The annual fee for an artist or for an establishment shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year.  (4) If the annual fee for a licensed establishment has not been paid by March 1 of the calendar year, the establishment shall be closed until a new license has been issued by the department and the annual fee has been paid.  (5)  (A) If the annual fee for a licensed artist has not been paid by March 1 of the calendar year, the artist shall have his or her license suspended for ninety (90) days.  (B) If an artist has his or her license suspended, he or she shall before a license may be reissued within ninety (90) days after the suspension:  (i) Pay a reinstatement fee of one hundred dollars ($100) and pay all overdue licensing fees;  (ii) Complete a written exam with the department and a practical exam in the studio in which the artist is licensed; and  (iii) Meet current requirements established by the department for artists.    (C) If an artist whose license is suspended has not met the requirements under subdivision (e)(5)(B) of this section within ninety (90) days after the suspension, the artist may apply for qualification review.    (6) In addition to the penalty provisions found in this subsection, any studio or business owner operating without a current license commits a Class D felony.    (f) All fees levied and collected under this subchapter are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively for the Body Art Program of the department.  (g) Subject to any rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the health facility services that pertain to fees collected under this subchapter, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  
 (a) Any city or county department of health may periodically inspect body art establishments on the basis of compliance with state, city, or county sanitary regulations.  (b) The governing body of any municipality or county may adopt by ordinance local sanitary regulations of body art establishments.  
 Nothing in this subchapter creates any liability, criminal or otherwise, for a person under eighteen (18) years of age for undergoing body art. 
 (a)  (1) Each artist, artist trainer, and artist in training shall complete United States Occupational Safety and Health Administration blood-borne pathogens training approved by the Department of Health on or before December 1, 2014.  (2) An approved online course may be used to satisfy the requirement under subdivision (a)(1) of this section.    (b) Each artist trainer shall complete the course before training any artist in training.  (c) Each artist in training shall complete the course before applying for the examination required under  20-27-1508.  (d)  (1) After completion of a first United States Occupational Safety and Health Administration blood-borne pathogens training approved by the department, an artist, an artist trainer, and an artist in training shall renew the training annually.  (2) A copy of each annual certification under subdivision (d)(1) of this section shall be submitted to the department with the license renewal.    
 (a) An artist trainer shall be a registered instructor in a school licensed by the Department of Health.  (b) The department shall develop standards to determine:  (1) The maximum number of artists in training in a training facility at one time; and  (2) The length of the program in hours and across a range of months.    (c)  (1)  (A) During the artist training in the fields of tattooing, body piercing, or permanent cosmetics, each artist in training shall complete not less than three hundred seventy-five (375) clock hours of supervised body art work and classroom instruction in a period not less than six (6) months or more than twenty-four (24) months in an establishment licensed under  20-27-1503 and  6-51-601 et seq.  (B) During the artist training in the field of branding, each artist in training shall complete not less than three hundred seventy-five (375) clock hours of supervised body art work and classroom instruction in a period not less than six (6) months or more than twenty-four (24) months in an establishment licensed under  20-27-1503 and  6-51-601 et seq.  (C) Additional fields of body art training may be added by completing not less than two hundred fifty (250) clock hours of technical and procedural training in each of the other fields of body art in which an artist in training is to be licensed.  (D) An artist in training studying multiple fields of body art at the same time shall complete the total clock hours of all fields in not less than twelve (12) months or more than twenty-four (24) months.    (2)  (A) The artist trainer shall maintain a training log of the clock hours completed by the artist in training on forms approved by the department.  (B) The training log shall include without limitation a record of:  (i) Hours of both theory and practical education;  (ii) The procedures observed and completed; and  (iii) A list of resources used for training.    (C) The artist in training shall keep available for inspection a bound record book that is separate from the record book of another artist or artist in training.  (D) The completed training log shall be submitted to the department at the time of the practical examination under  20-27-1508.      (d) An artist trainer may offer training only in the area in which the artist trainer holds a current license from the department.  (e) The department shall adopt a minimum curriculum for each area of body art training that shall be followed by all artist trainers, artists in training, and body art training facilities.  
 (a)  (1)  (A) Each artist in training seeking licensure as an artist under the rules of the Department of Health shall take a written examination prepared or approved by the department before beginning training.  (B) Upon completion of the hours required under  20-27-1507, a practical examination shall be conducted by the department in each field of training for which the artist in training is seeking licensure.    (2) Until an artist in training receives a passing grade on the practical examination, no artist in training may:  (A) Be licensed as an artist;  (B) Hold himself or herself out as a licensed artist; or  (C) Independently perform a body art procedure without the supervision of a body art trainer.      (b) The department shall levy and collect a nonrefundable fee of fifty dollars ($50.00) from each artist in training who applies to take the written and practical examinations required under this section for licensure as an artist.  (c) A fee collected under this section shall be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department.  
 (a) The Department of Health may issue a temporary demonstration license to an artist or establishment or to a supplier of materials for body art for:  (1) Educational purposes where body art is performed;  (2) Trade shows where body art is performed;  (3) Demonstrations of body art products or procedures; and  (4) An appearance as a guest artist.    (b) A temporary demonstration license shall be valid for no more than fourteen (14) consecutive calendar days.  (c)  (1) The sponsor of a body art event for an educational purpose, a trade show, a demonstration, or a combination of an educational purpose, a trade show, and a demonstration of body art procedures where body art is performed shall obtain the necessary permits to conduct business in the jurisdiction in which the event will be held, including without limitation a permit issued by the department.  (2) The department shall collect a nonrefundable sponsor fee of fifty dollars ($50.00) per artist who performs body art at an event, not to exceed two thousand dollars ($2,000) per event.  (3) In addition to the penalties under  20-27-1502, a sponsor who violates this subsection is subject to closure of the temporary body art event and a penalty not to exceed three (3) times the cost of the permit.    (d) The department shall levy and collect a nonrefundable fee of fifty dollars ($50.00) from a guest artist for a temporary demonstration license.  (e)  (1) An application for a temporary demonstration license shall be submitted to the department not less than forty-five (45) days before the event for educational purposes, trade show, or demonstration of body art products and procedures where body art is performed.  (2) An application for a temporary demonstration license shall be submitted to the department not less than seven (7) days before the appearance of a guest artist.  (3) An artist shall provide evidence of completion of United States Occupational Safety and Health Administration blood-borne pathogens training with the application.    (f)  (1) A person applying for a temporary demonstration license to appear as a guest artist shall provide documentation of licensure as an artist in another state or country or employment history in a studio licensed by the regulatory board or agency in another state or country before the temporary demonstration license may be granted.  (2) The establishment where the guest artist is appearing shall have a licensed body artist on its staff.  (3) A guest artist may be issued a temporary demonstration license to appear as a guest artist no more than one (1) time every three (3) months.    (g) A fee levied and collected under this section is special revenue and shall be deposited into the State Treasury, to be credited to the Public Health Fund to be used exclusively for the Body Art Program of the department.  
 (a)  (1) The Department of Health shall create and publish a list of critical items for closure of an establishment.  (2) The department shall list the prohibitions under  20-27-1511 as critical items for closure.    (b)  (1) An establishment that violates a critical item from the list established under subsection (a) of this section is subject to immediate closure by the department.  (2) An establishment closed under subdivision (b)(1) of this section shall remain closed until:  (A) Fines or penalties, or both, that are assessed under this subchapter have been paid; and  (B) Upon inspection by the department, the establishment is no longer in violation of a critical item.      
 (a) Body art is prohibited:  (1) On a person who is inebriated or appears to be incapacitated by the use of alcohol or drugs;  (2) On a person who shows signs of recent intravenous drug use;  (3) On an area with sunburn, open lesions, rashes, or wounds;  (4) With the use of a product or ink banned or restricted by the United States Food and Drug Administration;  (5) In a procedure area that is not physically and permanently separated from beauty facilities, such as hair and nail services; and  (6) On an animal in a facility licensed for the application of body art on human beings.    (b) A piercing gun shall be used only to pierce an earlobe.  (c) A person shall not:  (1) Perform a piercing with a manually loaded spring-operated piercing device;  (2) Pierce an earlobe with a piercing gun that does not use a presterilized encapsulated stud and clasp system; or  (3)  (A) An artist shall not use jewelry for initial piercing that is not certified by ASTM International or the International Organization for Standardization, or both, as an implant-grade material except for specified types of glass, gold, and niobium as approved by the rules established by the Department of Health.  (B) An artist shall maintain on file for inspection a Mill Test Certificate confirming certification by ASTM International or the International Organization for Standardization, or both, for steel and titanium jewelry for initial piercing.      (d)  (1) A person shall not sell a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine to a person within this state who is not licensed as an artist by the department.  (2)  (A) A violation of subdivision (d)(1) of this section is a Class A misdemeanor.  (B) Each violation of subdivision (d)(1) of this section is a separate offense.      (e)  (1) Possession of a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine by a person within this state who is not licensed as an artist by the department is prohibited.  (2)  (A) A violation of subdivision (e)(1) of this section is a Class A misdemeanor.  (B) Each violation of subdivision (e)(1) of this section is a separate offense.      (f) A fine collected under this section, less court fees, shall be allocated as follows:  (1) Fifty percent (50%) to the State of Arkansas;  (2) Twenty-five percent (25%) to the city or county that levied and collected the fine; and  (3) Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department.    
 (a) An artist who violates this subchapter or rules adopted by the State Board of Health pertaining to body art commits a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each offense.  (b) After notice of a violation has been given, each violation of this subchapter constitutes a separate offense unless another penalty is specifically provided in this subchapter.  
 An artist licensed by the Department of Health shall not perform or attempt to perform the insertion of a subdermal implant. 
 This subchapter shall be known as the Children's Product Safety Act of Arkansas. 
 As used in this subchapter:   (1)  (A) Children's product means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate, or other enclosure for confining a child in a play yard, stationary activity center, carrier, stroller, walker, swing, toy, or play equipment that meets the following criteria:  (i) The product is designed or intended for the care of or use by children under six (6) years of age or is designed or intended for the care of or use by both children under six (6) years of age and children six (6) years of age or older; and  (ii) The product is designed or intended to come into contact with the child while the product is used.    (B) Children's product does not mean a product that:  (i) May be used by or for the care of a child under six (6) years of age but is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child; or  (ii) Is a medication, drug, or food that is intended to be ingested;      (2) Commercial user means any person who deals in children's products or who otherwise by his or her occupation holds himself or herself out as having knowledge or skill peculiar to children's products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products;  (3) Crib means a bed or containment designed to accommodate an infant;  (4) Full-size crib means a full-size crib as defined in 16 C.F.R.  1508.3, as it exists on January 1, 2001, regarding the requirements for full-size cribs;  (5) Infant means any person less than thirty-five inches (35") tall and less than three (3) years of age;  (6) Non-full-size crib means a non-full-size crib as defined in 16 C.F.R.  1509.3, as it exists on January 1, 2001, regarding the requirements for non-full-size cribs; and  (7) Person means a natural person, firm, corporation, limited liability company, or association or an employee or agent of a natural person or an entity.  
 (a) No commercial user shall remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product that is unsafe.  (b) A children's product is unsafe for purposes of this subchapter if it meets any of the following criteria:  (1) It does not conform to federal law and regulatory standards for the children's product;  (2) It has been recalled for any reason by an agency of the United States Government or by the product's manufacturer, distributor, or importer, and the recall has not been rescinded; or  (3) An agency of the United States Government has issued a warning that a specific product's intended use constitutes a safety hazard, and the warning has not been rescinded.    (c)  (1) The Attorney General shall create, maintain, and update quarterly a comprehensive list of children's products that have been identified as recalled children's products as determined by the United States Consumer Product Safety Commission.  (2) The Attorney General shall make the comprehensive list available to the public at no cost by posting it on the internet and encouraging links from the internet site.    (d) A crib is unsafe if it does not conform to the standards existing on January 1, 2001, endorsed or established by the United States Consumer Product Safety Commission, including, but not limited to, Title 16 of the Code of Federal Regulations and the American Society for Testing and Materials, as follows:  (1) 16 C.F.R.  1508 and any regulations adopted to amend or supplement the regulations;  (2) 16 C.F.R.  1509 and any regulations adopted to amend or supplement the regulations;  (3) 16 C.F.R.  1303 and any regulations adopted to amend or supplement the regulations; and  (4) The following standards and specifications as exist on January 1, 2001, of the American Society for Testing and Materials for corner posts of baby cribs and structural integrity of baby cribs:  (A) American Society for Testing and Materials F 966-90, concerning corner post standard;  (B) American Society for Testing and Materials F 1169-88, concerning structural integrity of full-size baby cribs; and  (C) American Society for Testing and Materials F 1822-97, concerning non-full-size cribs.      (e) Cribs that are unsafe shall include, but not be limited to, cribs that have any of the following dangerous features or characteristics:  (1) Corner posts that extend more than one-sixteenth inch (1/16");  (2) Spaces between side slats more than two and three hundred seventy-five hundredths inches (2.37");  (3)  (A) Mattress support that can be easily dislodged from any point of the crib.  (B) A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five-pound upward force from underneath the crib;    (4) Cutout designs on the end panels;  (5) Rail height dimensions that do not conform to both of the following:  (A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches (9"); and  (B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches (26");    (6) Any screws, bolts, or hardware that are loose and not secured;  (7) Sharp edges, points, or rough surfaces or any wood surfaces that are not smooth and free from splinters, splits, or cracks;  (8) Tears in mesh or fabric sides in a non-full-size crib;  (9) A non-full-size crib that folds in a V shape design that does not have top rails that automatically lock into place when the crib is fully set up; or  (10) The mattress pad in a non-full-size mesh or fabric crib exceeds one inch (1").    (f)  (1) An unsafe children's product may be retrofitted if the retrofit has been approved by the agency of the United States Government issuing the recall or warning or the agency responsible for approving the warning.  (2) A retrofitted children's product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use for a child under six (6) years of age.  (3) The notice shall include:  (A) A description of the original problem which made the recalled product unsafe;  (B) A description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six (6) years of age; and  (C)  (i) The name and address of the commercial user who accomplished the retrofit certifying that the work was done, along with the name and model number of the product retrofitted.  (ii) The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale.        (g) A retrofit is exempt from this subchapter if:  (1) The retrofit is for a children's product that requires assembly by the consumer;  (2) The approved retrofit is provided with the product by the commercial user;  (3) The retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or  (4) The seller of a previously unsold product accomplishes before sale the repair approved or recommended by an agency of the United States Government.    
 (a) Any act or practice which is a violation of this subchapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act,  4-88-101 et seq.  (b) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act,  4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter.  (c) Nothing in this section limits the rights or remedies which are otherwise available to any person under any law.  
 (a)  (1) A childcare facility may not use or have on the premises an unsafe children's product as described in this subchapter.  (2) This subsection does not apply to an antique or collectible children's product if it is not used by or accessible to any child in the childcare facility.    (b)  (1) Within sixty (60) calendar days after August 13, 2001, the Attorney General shall send a letter to all licensed childcare facilities informing them of the provisions of this subchapter.  (2)  (A) The Attorney General shall notify licensed childcare facilities of the provisions of this subchapter and of recalled children's products as identified by the United States Consumer Product Safety Commission by maintaining a list of those products on its website.  (B) The list shall be updated quarterly.      (c) The Department of Human Services may promulgate rules to carry out this section.  (d)  (1) Each childcare facility shall maintain a file containing the list of recalled children's products maintained on the Attorney General's or the United States Consumer Product Safety Commission's website and any updates to the list and shall make the file accessible to the facility staff members and to parents of the children who attend the facility.  (2) A childcare facility may request the Attorney General's office to assist it in obtaining the list by providing its name and mailing address to the United States Consumer Product Safety Commission for the purpose of receiving the list of recalled children's products and quarterly updates through a mailing sent directly from the United States Consumer Product Safety Commission or by providing the United States Consumer Product Safety Commission with the facility's electronic mail address so it may receive the list and updates by electronic mail notification.    (e)  (1) As part of the licensing, licensing renewal, or periodic update process conducted by the department, each childcare facility shall certify in writing on forms provided by the department, that it has reviewed the list of recalled children's products maintained by the office of the Attorney General or the United States Consumer Product Safety Commission and any updates to the list, and that after a thorough inspection, to the best of its knowledge, there are no unsafe children's toys, furniture, or equipment in the facility.  (2) The office of the Attorney General shall prepare a certification form, and the department shall require each facility to complete the certification form in the process of licensing, licensing renewal, or periodic update.  (3) The department shall retain the certification form completed by each facility in each respective facility's licensing file.    
 The Department of Human Services may revoke or refuse to renew the license of any childcare facility or refuse to issue a full license to the permit holder if the licensee or permit holder fails to comply with  20-27-1605(d) and (e). 
 (a) The General Assembly finds that:  (1) The unexpected death of infants and children is an important public health concern;  (2) The collection of data on the causes of unexpected deaths will enable the State of Arkansas to protect some infants and children from preventable deaths and help reduce the incidence of these deaths; and  (3) Multidisciplinary and multiagency review of infant and child deaths can assist this state in investigating infant and child deaths, developing a greater understanding of the incidence and causes of these deaths and the methods for prevention, and identifying the gaps in services to children and families.    (b) The purpose of this subchapter is to:  (1) Identify the causes of death of children under eighteen (18) years of age; and  (2) Reduce the incidence of injury and death to children by requiring a death review to be performed in all cases of unexpected deaths of children under eighteen (18) years of age.    
 As used in this subchapter:   (1) Child means a person under eighteen (18) years of age; and  (2) Unexpected death means:  (A) A death involving a child who has not been in the care of a licensed physician for treatment of an illness that is the cause of death;  (B) A clinical diagnosis of death due to Sudden Infant Death Syndrome; or  (C) A death due to an unknown cause.    
 (a) The Arkansas Child Death Review Panel is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission.  (b) The Arkansas Child Death Review Panel shall consist of the following members:  (1) A representative from the State Medical Examiner's office;  (2) A coroner who is registered with the American Board of Medicolegal Death Investigators;  (3) A representative from the Arkansas Center for Health Statistics of the Department of Health;  (4) A representative from the Crimes Against Children Division of the Department of Arkansas State Police;  (5) A representative from the Division of Children and Family Services of the Department of Human Services;  (6) A representative from the Arkansas Child Abuse/Rape/Domestic Violence Commission;  (7) A physician who specializes in child abuse;  (8) A representative from the College of Public Health of the University of Arkansas for Medical Sciences;  (9) A representative from the office of the Prosecutor Coordinator; and  (10) Any other individuals the Arkansas Child Death Review Panel determines are necessary for a review.    
 The Arkansas Child Death Review Panel may:   (1) Establish local and regional review panels and delegate some or all of its responsibilities under this subchapter;  (2) Analyze data available from state agencies or other agencies that may decrease unexpected deaths of children;  (3) Collect, review, and analyze all death investigation reports prepared under this subchapter and other appropriate information to prepare reports for the General Assembly concerning the causes of unexpected deaths of children and methods to decrease those deaths;  (4) Identify trends relevant to unexpected deaths of children;  (5) Educate the citizens of Arkansas regarding the incidence and causes of injury to and death of children and of the public's role to assist in reducing this risk;  (6) Establish training criteria for county coroners; and  (7) Determine the information to be included in a child death investigation report and provide this information to county coroners, medical providers, and other agencies to be used in preparing a death investigation report.  
 (a)  (1) A copy of a child death investigation report required under this subchapter, including information from law enforcement agencies, coroners, fire departments, or medical providers, or any other information relative to the death investigation shall be provided to the Arkansas Child Death Review Panel within thirty (30) days from the date the Arkansas Child Death Review Panel requests the information.  (2) Subdivision (a)(1) of this section is not applicable to a death that is under criminal investigation or prosecution or has been adjudicated in a court of law.    (b)  (1) The Arkansas Child Death Review Panel or a local or regional review panel may access medical records and vital records in the custody of physicians, hospitals, clinics, other healthcare providers, and the Department of Health concerning the unexpected death of the child being investigated.  (2) The Arkansas Child Death Review Panel may request any other information, documents, or records pertaining to the completed investigation of unexpected deaths of children.    (c) Nothing in this subchapter shall alter or restrict the authority or jurisdiction of a county coroner.  (d) When the Arkansas Child Death Review Panel determines that a parent or guardian was treating a child according to the tenets and practices of a recognized religious method of treatment that has a reasonable proven record of success, the Arkansas Child Death Review Panel is not required to make a finding of negligent treatment or maltreatment.  
 (a)  (1) All records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel and the result of any child death investigation report shall be confidential.  (2) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall not be:  (A) Subject to a subpoena;  (B) Disclosed or compelled to be produced in any civil, administrative, or other proceeding; or  (C) Admissible as evidence in any civil, administrative, or other proceeding.    (3) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall be available to law enforcement agencies and prosecuting attorneys.    (b) Any person, agency, or entity furnishing confidential information shall not be liable for releasing the confidential information if the information was furnished in good faith under this subchapter.  (c) The Arkansas Child Death Review Panel may publish statistical compilations reflecting unexpected deaths of children that do not identify individual cases, physicians, hospitals, clinics, or other healthcare providers.  (d)  (1) State, local, or regional review panel members shall be immune from civil and criminal liability in connection with their good-faith participation on the review panel and all activities related to the review panel.  (2) No civil or criminal immunity exists if a state, local, or regional review panel member knowingly or willingly violates this subchapter.    (e) Pursuant to the Health Insurance Portability and Accountability Act of 1996, disclosure of protected health information is allowed for public health, safety, and law enforcement purposes, and providing case information on unexpected deaths of children for review by the review panel is not a violation of the Health Insurance Portability and Accountability Act of 1996.  
 (a)  (1) The Arkansas Child Death Review Panel shall report on or before December 31 of each year to the Legislative Council the number and causes of unexpected deaths of children.  (2) The Legislative Council shall forward the report to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs.    (b) The report shall include:  (1) The Arkansas Child Death Review Panel's finding and recommendations for each of its duties under  20-27-1704;  (2) An analysis of factual information obtained from the review of the child death investigation reports under  20-27-1705; and  (3) Reports of the Arkansas Child Death Review Panel and any local or regional review panels that do not violate the confidentiality provisions under  20-27-1706.    
 This subchapter shall be known as the Arkansas Clean Indoor Air Act of 2006. 
 (a) Information available to the General Assembly based upon scientific research data has shown that nonsmokers often receive damage to their health from the smoking of tobacco by others.  (b) Direct smoking of tobacco and indirect smoking of tobacco through inhaling the smoke of those who are smoking nearby are major causes of preventable diseases and death.  (c) Secondhand smoke is a known cause of lung cancer, heart disease, chronic lung ailments such as bronchitis and asthma, particularly in children, and low birth-weight births.  (d) Implementing laws that prohibit tobacco usage in certain public areas, buildings, and facilities is an effective approach to reducing secondhand smoke exposure among nonsmokers.  (e) It is therefore declared to be the public policy of this state that the rights of Arkansans be protected in the manner provided in this subchapter.  
 As used in this subchapter:   (1) Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to:  (A) Taverns;  (B) Nightclubs;  (C) Cocktail lounges; and  (D) Cabarets;    (2) Business means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit;  (3) Employee means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit;  (4) Employer means an individual or a business that employs one (1) or more individuals;  (5) Enclosed area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling;  (6)  (A) Healthcare facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions.  (B) Healthcare facility includes the building or buildings in which a medical facility operates, together with all property owned or operated by a medical facility that is contiguous to the building or buildings in which medical services are provided.  (C) Healthcare facility does not include:  (i) Medical facilities under  20-27-704 et seq.;  (ii) Psychiatric hospitals as defined by the Department of Health's rules for hospitals and related institutions; or  (iii) Long-term care facilities;      (7) Infiltrate means to permeate an enclosed area by passing through its walls, ceilings, floors, windows, or ventilation systems to the extent that an individual can smell secondhand smoke;  (8) Local governing authority means a county or municipal corporation of the state;  (9) Long-term care facility means a nursing home, residential care facility, assisted living facility, an adult day-care facility, or any other facility which provides long-term medical or personal care;  (10)  (A) Place of employment means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, including, but not limited to:  (i) Work areas;  (ii) Employee lounges;  (iii) Restrooms;  (iv) Conference rooms;  (v) Meeting rooms;  (vi) Classrooms;  (vii) Employee cafeterias; and  (viii) Hallways.    (B) A private residence is not a place of employment unless it is used as a licensed childcare, adult day care, or healthcare facility;    (11)  (A) Public place means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to:  (i) Banks;  (ii) Bars;  (iii) Educational facilities;  (iv) Healthcare facilities;  (v) Laundromats;  (vi) Public transportation facilities;  (vii) Reception areas;  (viii) Restaurants;  (ix) Retail food production and marketing establishments;  (x) Retail service establishments;  (xi) Retail stores;  (xii) Shopping malls;  (xiii) Sports arenas;  (xiv) Theaters; and  (xv) Waiting rooms.    (B) A private residence is not a public place unless it is used as a licensed childcare, adult day care, or healthcare facility;    (12)  (A) Restaurant means:  (i) An eating establishment that gives or offers for sale food to the public, guests, or employees; and  (ii) A kitchen or a catering facility in which food is prepared on the premises for serving elsewhere.    (B) Restaurant includes, but is not limited to:  (i) Coffee shops;  (ii) Cafeterias;  (iii) Sandwich stands; and  (iv) Private and public school cafeterias.    (C) Restaurant does include a bar area within any restaurant;    (13) Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental;  (14) Secondhand smoke means smoke:  (A) Emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling;  (B) Emitted at the mouthpiece during puff drawing; and  (C) Exhaled by the person smoking;    (15) Service line means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money;  (16) Shopping mall means an enclosed public walkway or hall area that serves to connect retail or professional establishments;  (17) Smoking means inhaling, exhaling, burning, or carrying any:  (A) Lighted tobacco product, including cigarettes, cigars, and pipe tobacco; and  (B) Other lighted combustible plant material; and    (18) Sports arena means a stadium, a sports pavilion, a gymnasium, a health spa, a boxing arena, a swimming pool, a roller rink, an ice rink, a bowling alley, and other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.  
 (a) Effective July 21, 2006, smoking is prohibited in all vehicles and enclosed areas owned, leased, or operated by the state, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.  (b)  (1) Smoking is prohibited in all public places and enclosed areas within places of employment, including, but not limited to:  (A) Common work areas;  (B) Auditoriums;  (C) Classrooms;  (D) Conference and meeting rooms;  (E) Private offices;  (F) Elevators;  (G) Hallways;  (H) Healthcare facilities;  (I) Cafeterias;  (J) Employee lounges;  (K) Stairs;  (L) Restrooms; and  (M) All other enclosed areas.    (2) An individual, a person, an entity, or a business subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, an entity, or a business or to an enforcement authority.  (3) The prohibitions on smoking in this section and the provisions of subdivision (b)(2) of this section shall be communicated to all current employees by their employer within thirty (30) days of July 21, 2006, and to each prospective employee upon application for employment.    
 An owner or operator of any of the following areas may exempt itself from this subchapter:   (1) Private residences except when used as a licensed childcare, adult daycare, or healthcare facility;  (2)  (A) Hotel and motel rooms that are rented to guests and are designated as smoking rooms.  (B) However, if a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of rooms rented to guests in the hotel or motel may be designated as exempt from this subchapter;    (3)  (A) All workplaces of any employer with fewer than three (3) employees.  (B) This exemption does not apply to any public place;    (4) A retail tobacco store, if secondhand smoke from the store does not infiltrate into areas in which smoking is prohibited under this subchapter;  (5)  (A) An area within a long-term care facility that is designated by the long-term care facility as a smoking area for supervised patient and supervisory staff smoking; or  (B) An area outside of the long-term care facility that is designated for visitors and staff that is beyond twenty-five feet (25') of any primary entryway or opening of a long-term care facility;    (6) Outdoor areas of places of employment;  (7) All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities;  (8)  (A) All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21) years of age from entering the premises if secondhand smoke does not infiltrate into areas in which smoking is prohibited under this subchapter.  (B) All restaurants and bars that are exempt under this subdivision (8) shall prominently display a health warning sign as defined by the State Board of Health; and    (9) Designated smoking areas on the gaming floor of any casino licensee of the Arkansas Racing Commission.  
 (a) No Smoking signs or the international No Smoking symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment in which smoking is prohibited by this subchapter.  (b) The owner, operator, manager, or other person in control of any area in which smoking is prohibited by this subchapter shall remove all ashtrays from the area unless an ashtray is permanently affixed to an existing structure before July 21, 2006.  (c) The Department of Health may treat a violation of this section as a deficiency to be assessed against any licensee or facility over which it has statutory jurisdiction.  
 (a) The State Board of Health may adopt reasonable rules that it determines are necessary or useful to carry out the purposes or facilitate enforcement of this subchapter.  (b)  (1) The Department of Health and its authorized agents may enforce compliance with this subchapter and any rules adopted and promulgated under this subchapter by the board.  (2) Under rules of the board, the department and its authorized agents may enter upon and inspect the premises of any public place or enclosed area within a place of employment at any reasonable time and in a reasonable manner.    
 (a) This subchapter is cumulative to and does not prohibit the enactment of any other general or local laws, rules, or regulations of state or local governing authorities or local ordinances prohibiting smoking that are more restrictive than or are in direct conflict with this subchapter.  (b) This subchapter may not be construed to permit smoking where it is otherwise restricted by other applicable laws or employer policies.  
 Any person who violates any provision of this subchapter is guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). 
 This subchapter shall be known and may be cited as the Arkansas Protection from Secondhand Smoke for Children Act of 2006. 
 As used in this subchapter, motor vehicle means any motor vehicle, except a school bus, a church bus, or other public conveyance, that is required by federal or state law, rule, or regulation to be equipped with a passenger restraint system. 
 (a) A person shall not knowingly smoke tobacco in a motor vehicle in which a child who is less than fourteen (14) years of age is a passenger.  (b)  (1) A person who violates this section upon conviction is guilty of a violation and shall be punished by a fine of not more than twenty-five dollars ($25.00).  (2) If a person is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for violation of this section, court costs under  16-10-305 or other costs or fees shall not be assessed.  (3) A person who proves to the court that he or she has entered into a smoking cessation program may have his or her fine eliminated for a first offense violation of this section.    
 As used in this subchapter:   (1) Bedding means any mattress, upholstered spring, comforter, pad, cushion, or pillow designed and made for use in sleeping;  (2) Felt means that the materials from which the felt was made have been carded layer upon layer by a garnett or felting machine;  (3) New means any material which has not been used in the manufacture of another article or used for any other purpose;  (4) Person shall include individuals, corporations, partnerships, joint-stock companies, societies, and associations; and  (5) Previously used means any material which has been used in the manufacturing of another article or used for any other purpose.  
 (a) There shall be nothing in this subchapter so construed as to prevent any individual from manufacturing, renovating, or having manufactured or renovated mattresses for his or her own home or domestic use.  (b) Any individual, firm, or corporation who shall so manufacture or renovate a mattress for another, as set out in this subchapter, shall be required to label it as provided in  20-27-205.  
 When construing and enforcing this subchapter, the act, omission, or failure of any officer, agent, or other person acting for, or employed by, any individual, corporation, partnership, joint stock company, society, or association, within the scope of his or her employment or office, shall in every case be also deemed the act, omission, or failure of the individual, corporation, partnership, joint-stock company, society, or association as well as that of the person. 
 (a) Any person, firm, or corporation who shall fail to comply with any of the provisions of this subchapter shall be guilty of a violation of this subchapter. Each mattress manufactured, remade, renovated, sold, offered for sale, delivered, consigned, or possessed with an intent to sell, offer for sale, deliver, or consign contrary to this subchapter shall be deemed a separate offense.  (b) Every person who shall be found guilty of a violation of the provisions of this subchapter shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250) or not less than thirty (30) days nor more than ninety (90) days in prison, or both, as the court may deem proper.  
 No person shall sell, offer for sale, deliver, consign for sale, or have in his or her possession with intent to sell, offer for sale, deliver, or consign for sale any article of bedding unless the bedding is labeled as follows:   (1)  (A) Upon each of the articles of bedding, there shall be securely sewed upon the outside thereof a label upon which shall be legibly written or printed, in the English language, the names of the materials used as the filling of the article of bedding.  (B) If all the material used as the filling of the article of bedding shall not have been previously used, the words manufactured of new material shall appear upon the label together with the name and address of the maker of the bedding.  (C) If any of the material used in the making or remaking of the article of bedding shall have been previously used, the words manufactured of previously used material or remade of previously used materials, as the case may be, shall appear upon the label, together with the name and address of the maker thereof and also a description of the material used in the filling of the article of bedding.  (D) Any article of bedding not remade but which has been used shall be labeled second-hand;    (2) The label required by this section shall be muslin or linen and not less than two inches by three inches (2" x 3") in size;  (3) The statement required under this section shall be in the form as follows:  (4) The words manufactured of new material or remade of previously used material, second-hand, or materials used in filling not known, together with the description of the material used as the filling of an article of bedding shall be in letters not less than one-eighth inch (1/8") in height;  (5) The sewing of one (1) edge of the label securely into an outside seam of any article of bedding shall be deemed a compliance with that portion of the subchapter requiring that the label be securely sewed upon the article. This label shall contain all the statements required by this subchapter and shall be securely sewed to the ticking or cover of every article of bedding to be manufactured before the filling material has been placed inside the ticking or cover; and  (6) No term or description likely to mislead shall be used on any label required by this subchapter in the description of the materials used in the filling of any article of bedding.    Manufactured of new material Materials used in filling Made by Address   Click to view form. 
 (a) Any person other than a purchaser for his or her own use who shall remove, deface, alter, or shall cause to be removed, defaced, or altered any label upon any article of bedding so labeled under the provisions of this subchapter shall be guilty of a violation thereof.  (b) It shall be unlawful for any owner, his or her employees, or servants of any hostelry, hotel, rooming house, or boarding house operated for profit to remove or cause to be removed from any mattress purchased for the use in their place of business after June 9, 1927, any label attached thereto.  
 (a) No person shall sell, offer for sale, deliver, or consign for sale or have in his or her possession with intent to sell, deliver, or consign for sale any article of bedding that has been used by or about any person having an infectious or contagious disease.  (b) No person shall use in the making or remaking of any article of bedding, as defined in this subchapter, any material of any kind that has been used by or about any person having an infectious or contagious disease or which has formed a part of any article of bedding which has been so used.  
 (a) It shall be unlawful and punishable by the provisions of this subchapter for any person, firm, or corporation, or their agents, to use or cause to be used in the manufacture or renovation of mattresses materials of any description, in whole or part, that have been used in or about any public or private hospital or sanatorium for the treatment of any infectious or contagious disease, or materials obtained from mattresses from hotels, rooming houses, boardinghouses, and other public buildings where mattresses have been used for their original purpose.  (b) This section shall not prevent the use of materials as prohibited in  20-27-209 when they have been thoroughly sterilized by a method of sterilization approved or adopted by the State Board of Health. In that event, the mattress shall be labeled as indicated in  20-27-205, as may apply.  
 (a) It is made the duty of the State Board of Health to promulgate and publish rules prescribing the method of sterilization that may be used by those engaged in the manufacturing of mattresses and bedding or in the renovation thereof.  (b) All persons, firms, or corporations who shall conform to the rules as promulgated by the board, as directed, shall be deemed as complying with the law.  
 A woman may breastfeed a child in a public place or any place where other individuals are present. 
 This subchapter shall be known and may be cited as the Arkansas Cigarette Fire Safety Standard Act. 
 The purpose of this subchapter is to make the laws of this state with regard to cigarette fire safety uniform with the laws of those states that have enacted reduced cigarette ignition propensity laws as of January 1, 2010. 
 As used in this subchapter:   (1) Cigarette means:  (A) A roll of tobacco wrapped in paper or in a substance not containing tobacco; or  (B) A roll of tobacco wrapped in a substance containing tobacco that because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette as defined in subdivision (1)(A) of this section;    (2) Manufacturer means:  (A) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or  (B) An entity that is a successor of an entity defined in subdivision (2)(A) of this section;    (3)  (A) Quality control and quality assurance program means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing.  (B) A quality control and quality assurance program ensures that the testing repeatability remains within the required repeatability values stated in  20-27-2104(b)(6) for all test trials used to certify cigarettes under this subchapter;    (4) Repeatability means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time;  (5) Retailer means a person who purchases tobacco products from a licensed wholesaler for the purpose of selling them over the counter at retail to consumers;  (6)  (A) Sale means a transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement for sale.  (B) Sale includes the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money;    (7) Sell means to sell or to offer to do the same; and  (8) Wholesaler means a person who is not a manufacturer or owned or operated by a manufacturer that does business in this state at or from an established place of business that purchases unstamped or untaxed cigarettes or other tobacco products directly from manufacturers that distribute tobacco products in Arkansas and that sells to properly licensed cigarette vendors or retailers.  
 (a) Except as provided in subsection (h) of this section, cigarettes shall not be offered for sale in this state or offered for sale or sold to persons located in this state unless:  (1) The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section;  (2) A written certification has been filed by the manufacturer with the Director of Arkansas Tobacco Control under  20-27-2105; and  (3) The cigarettes have been marked in accordance with  20-27-2106.    (b)  (1) Testing of cigarettes shall be conducted in accordance with the ASTM International standard E2187-04: Standard Test Method for Measuring the Ignition Strength of Cigarettes.  (2) Testing shall be conducted on ten (10) layers of filter paper.  (3)  (A) No more than twenty-five percent (25%) of the cigarettes tested in a test trial under this section shall exhibit full-length burns.  (B) Forty (40) replicate tests shall compose a complete test trial for each cigarette tested.    (4) The performance standard required by this section shall be applied only to a complete test trial.  (5) Written certifications shall be based on testing conducted by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the director.  (6)  (A) Laboratories conducting testing under this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results.  (B) The repeatability value shall be no greater than nineteen hundredths (0.19).    (7) This section does not require additional testing if cigarettes are tested consistent with this subchapter for any other purposes.  (8) Testing performed or sponsored by the director to determine a cigarette's compliance with the performance standard required by this section shall be conducted in accordance with this section.    (c)  (1) Each cigarette listed in a certification submitted under  20-27-2105 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard under this section shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column.  (2) At least one (1) complete band shall be located at least fifteen millimeters (15 mm) from the lighting end of the cigarette.  (3) For cigarettes on which the bands are positioned by design there shall be at least two (2) bands fully located at least fifteen millimeters (15 mm) from the lighting end and ten millimeters (10 mm) from the filter end of the tobacco column or ten millimeters (10 mm) from the labeled end of the tobacco column for nonfiltered cigarettes.    (d)  (1) A manufacturer of a cigarette that the director determines cannot be tested by the test method under subdivision (b)(1) of this section shall propose a test method and performance standard for the cigarette to the director.  (2) Upon approval of the proposed test method and determination by the director that the performance standard proposed by the manufacturer is equivalent to the performance standard under subdivision (b)(3) of this section, the manufacturer may employ the test method and performance standard to certify the cigarette under  20-27-2105.  (3) Unless the director demonstrates a reasonable basis why a proposed alternative test should not be accepted under this subchapter, the director shall authorize a manufacturer to employ an alternative test method and performance standard to certify a cigarette for sale in this state if the director:  (A) Determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this subchapter; and  (B) Finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or rules under a legal provision comparable to this section.    (4) All other applicable requirements of this section shall apply to the manufacturer.    (e)  (1) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years and shall make copies of these reports available to the director and the Attorney General upon written request.  (2) A manufacturer who fails to make copies of these reports available within sixty (60) days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the sixtieth day that the manufacturer does not make the copies available.    (f) The director may adopt a subsequent ASTM International Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by a tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM International standard E2187-04 and the performance standard in subdivision (b)(3) of this section.  (g)  (1) The director shall review the effectiveness of this section and report every three (3) years his or her findings and recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate for legislation to improve the effectiveness of this subchapter.  (2) The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period.    (h) The requirement of subsections (a) and (b) of this section shall not prohibit:  (1) A wholesaler or retailer from selling their existing inventory of cigarettes on or after January 1, 2010, if the wholesaler or retailer can establish that the inventory was in its possession before January 1, 2010, and the wholesaler or retailer can establish that the inventory was purchased before January 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or  (2)  (A) The sale of cigarettes solely for the purpose of consumer testing.  (B) For purposes of this subsection, the term consumer testing means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for assessment.      
 (a) A manufacturer shall submit to the Director of Arkansas Tobacco Control a written certification attesting that each cigarette listed in the certification:  (1) Has been tested within the last thirty-six (36) months in accordance with  20-27-2104; and  (2) Meets the performance standard under  20-27-2104.    (b) A cigarette listed in the certification shall be described with the following information:  (1) Brand or trade name on the package;  (2) Style, such as light or ultra light;  (3) Length in millimeters;  (4) Circumference in millimeters;  (5) Flavor, such as menthol or chocolate, if applicable;  (6) Filter or nonfilter;  (7) Package description, such as soft pack or box;  (8) Marking under  20-27-2106;  (9) The name, address, and telephone number of the laboratory if different than the manufacturer that conducted the test; and  (10) The date that the testing occurred.    (c) The director shall make the certifications available to the Attorney General and the Secretary of the Department of Finance and Administration for purposes consistent with this subchapter.  (d) A cigarette certified under this section shall be recertified every three (3) years.  (e)  (1)  (A) For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars ($1,000) to the director.  (B) The fee shall be applied to all cigarettes within the certified brand family and shall include any new cigarette certified within the brand family during the three-year certification period.    (2) The director may adjust annually this fee to ensure it defrays the actual costs of processing, enforcement, and oversight activities required by this subchapter.    (f)  (1) If a manufacturer has certified a cigarette under this section and subsequently makes a change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this subchapter, the cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards under  20-27-2104.  (2) An altered cigarette that does not meet the performance standard in  20-27-2104 shall not be sold in this state.    
 (a)  (1) Cigarettes that are certified by a manufacturer under  20-27-2105 shall be marked to indicate compliance with the requirements of  20-27-2104.  (2) The marking shall be in 8-point type or larger and consist of the letters FSC, which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC code.    (b) A manufacturer shall use only one (1) marking and shall apply the marking uniformly for all packages, including without limitation to packs, cartons, and cases, and brands marketed by the manufacturer.  (c)  (1) Manufacturers certifying cigarettes under  20-27-2105 shall provide a copy of the certifications to all wholesalers to which they sell cigarettes.  (2) Wholesalers and retailers shall permit the Director of Arkansas Tobacco Control, the Director of the Department of Finance and Administration, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section.    
 (a)  (1) A manufacturer, wholesaler, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of  20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale.  (2) The penalty against a person or entity shall not exceed one hundred thousand dollars ($100,000) during any thirty-day period.    (b)  (1) A retailer that knowingly sells or offers to sell cigarettes in violation of  20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale.  (2) The penalty against a retailer shall not exceed twenty-five thousand dollars ($25,000) for sales or offers to sell during any thirty-day period.    (c) In addition to any penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification under  20-27-2105 is subject to a civil penalty of at least seventy-five thousand dollars ($75,000) and not to exceed two hundred fifty thousand dollars ($250,000) for each false certification.  (d) A person who violates any other provision of this subchapter is subject to a civil penalty for a first offense in an amount not to exceed one thousand dollars ($1,000) and for a subsequent offense in an amount not to exceed five thousand dollars ($5,000) for each violation.  (e) It is a defense in an action for civil penalties that a wholesaler, retailer, or a person in the stream of commerce relied in good faith on a manufacturer's certificate or marking that the cigarettes comply with this subchapter.  (f)  (1) An authorized representative of the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control may seize and take possession of cigarettes:  (A) For which no certification has been filed as required by  20-27-2105; or  (B) That have not been marked as required by  20-27-2106.    (2)  (A) Cigarettes seized under this section shall be destroyed.  (B) Before the destruction of cigarettes seized under this section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes.      (g)  (1) In addition to any other remedy provided by law, the Attorney General may file an action in circuit court for a violation of this subchapter, including petitioning:  (A) For preliminary or permanent injunctive relief against a manufacturer, importer, wholesaler, retailer, or any other person or entity to enjoin the person or entity from selling, offering to sell, or affixing tax stamps to cigarettes that do not comply with the requirements of this subchapter; or  (B) To recover costs or damages suffered by the state because of a violation of this subchapter, including enforcement costs relating to the specific violation and attorney's fees.    (2) Each violation of this subchapter or of the rules adopted under this subchapter constitutes a separate civil violation for which the director or the Attorney General may obtain relief.  (3) Upon obtaining judgment for injunctive relief under this section, the director or the Attorney General shall provide a copy of the judgment to all wholesalers to which the cigarettes have been sold.    
 (a) The Director of Arkansas Tobacco Control may promulgate rules under the Arkansas Administrative Procedure Act,  25-15-201 et seq., necessary to effectuate the purposes of this subchapter.  (b)  (1) The Secretary of the Department of Finance and Administration, the director, and their employees, in the regular course of conducting inspections of wholesalers and retailers, as authorized under the Arkansas Tobacco Products Tax Act of 1977,  26-57-201 et seq., may inspect cigarettes to determine if the cigarettes are marked as required by  20-27-2106.  (2) If the secretary discovers cigarettes that are not marked as required, the secretary shall notify the director.    
 (a) To enforce the provisions of this subchapter, the Attorney General, the Secretary of the Department of Finance and Administration, the Director of Arkansas Tobacco Control, and their authorized representatives may examine the books, papers, invoices, and other records of a person in possession, control, or occupancy of premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises.  (b) Every person in possession, control, or occupancy of premises where cigarettes are placed, stored, sold, or offered for sale shall give the Attorney General, the secretary, the director, and their authorized representatives the means, facilities, and opportunity for the examinations authorized by this section.  
 This subchapter does not prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of  20-27-2104 if:   (1) The cigarettes:  (A) Are or will be stamped for sale in another state; or  (B) Are packaged for sale outside the United States; and    (2) The person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale in this state.  
 This subchapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective. 
 This subchapter preempts any local law, ordinance, or regulation that conflicts with any provision of this subchapter or any policy of the state implemented in accordance with this subchapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or regulation that conflicts with or is preempted by this subchapter. 
 As used in this subchapter:   (1) Consumer means an individual who is provided access to a tanning facility;  (2)  (A) Operator means an individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment.  (B) However, an operator in an apartment or a condominium need not exercise direct supervision or be physically on the premises at all times;    (3) Person means an individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency of this state, and any legal successor, representative, agent, or agency of these entities;  (4) Tanning equipment means ultraviolet or other lamps and equipment containing these lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation;  (5)  (A) Tanning facility means a location, place, area, structure, or business or a part of a location, place, area, structure, or business which provides consumers access to tanning equipment.  (B) Tanning facility includes without limitation regardless of whether a fee is charged for access to the tanning equipment:  (i) Apartments;  (ii) Condominiums;  (iii) Health clubs; and  (iv) Tanning salons; and      (6) Ultraviolet radiation means electromagnetic radiation with wavelengths in air between two hundred nanometers (200 nm) and four hundred nanometers (400 nm).  
 Before allowing an initial exposure at a tanning facility of a person under eighteen (18) years of age, the owner or operator shall witness the person's parent or legal guardian signing and dating a warning statement as follows:   WARNING STATEMENT   This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility.   DANGER  ULTRAVIOLET RADIATION WARNING   Follow instructions.   Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer.   Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.   Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.   I have read the above warning and understand what it means before undertaking any tanning equipment exposure.   Signature of Operator of Tanning Facility or Equipment   Signature of parent or legal guardian   Print name of minor and parent or legal guardian   Date   OR   The consumer is illiterate or visually impaired, or both, and I have read the warning statement aloud and in full to the consumer in the presence of the below signed witness.   Signature of Operator of Tanning Facility or Equipment   Witness   Date 
 (a) As used in this section, imitation firearm means a toy that is identical in appearance to an original firearm that was manufactured, designed, and produced after 1898, including only:  (1) Air-soft guns firing nonmetallic projectiles;  (2) Replica nonguns; and  (3) Water guns.    (b) Imitation firearm does not include:  (1) A nonfiring, collector replica of an antique firearm developed before 1898;  (2) Traditional BB, paintball, or pellet-firing air guns that expel a projectile through the force of air pressure; or  (3) A device:  (A) For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm);  (B) For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or  (C) That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device.      
 (a) Except as provided under subsection (b) of this section, it is unlawful to sell or offer for sale within this state, by mail or in any other manner, an imitation firearm.  (b) A person may sell or offer for sale an imitation firearm if the device is sold solely for purposes of:  (1) Export in interstate or foreign commerce;  (2) Lawful use in a theatrical production;  (3) Use in a certified or regulated sporting event or competition;  (4) Use in a military or civil defense activity or ceremonial activity; or  (5) A public display authorized by a public or private school.    (c) A person who violates subsection (a) of this section is subject in an action brought by the city attorney or prosecuting attorney to a civil penalty of not more than one thousand dollars ($1,000) for each violation.  
 The General Assembly finds that:   (1) Herbal snuff is a tobaccoless snuff, available as loose composition or in pouches, that is primarily marketed as an adult alternative for moist smokeless tobacco;  (2) Herbal snuff is marketed in flavors that are similar to those of the leading moist smokeless tobacco brands;  (3) Herbal snuff is not a tobacco product and therefore is not subject to tobacco taxes, advertising restrictions, or merchandising restrictions;  (4) Even though herbal snuff is regulated by the United States Food and Drug Administration as a food product and manufacturers are required to follow United States Food and Drug Administration guidelines, herbal snuff is intended to be an adult-oriented product;  (5) Even though some companies have a strict and long-standing policy of not marketing to minors, children can legally purchase herbal snuff;  (6) Children should not be emulating adult smokeless tobacco consumers and should not enter into the habit of dipping snuff;  (7) Herbal snuff is used in adult tobacco cessation programs; and  (8) Herbal snuff should be marketed only to adults to avoid any possibility of herbal snuff's being regarded as a gateway product for children.  
 As used in this subchapter:   (1) Herbal chewing snuff means a tobacco-free and nicotine-free version of chewing snuff, a product used orally by chewing the contents until juice is released and absorbed into the body;  (2) Herbal dipping snuff means a tobacco-free and nicotine-free version of moist snuff, a product used orally by placing either a loose or pouched form along the gum line behind the lip;  (3)  (A) Herbal snuff means a tobaccoless chewing and snuff composition that mimics smokeless tobacco.  (B) Herbal snuff includes:  (i) Herbal chewing snuff;  (ii) Herbal dipping snuff; and  (iii) Herbal snus; and      (4) Herbal snus means a tobacco-free and nicotine-free substitute of snus, a spitless product of either loose or pouched form that is usually placed along the gum line beneath the upper lip.  
 (a) It is unlawful to sell or offer for sale herbal snuff in this state to persons under eighteen (18) years of age.  (b)  (1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100) per violation.  (2) Each violation and conviction shall be deemed a separate offense.    
 (a) The Arkansas Tobacco Control Board may adopt rules to implement this subchapter.  (b)  (1) The board, Arkansas Tobacco Control, and their authorized agents may enforce compliance with this subchapter and any rules adopted under this section by the board.  (2) Arkansas Tobacco Control and its authorized agents may enter and inspect the premises of a public place at a reasonable time and in a reasonable manner.    
 This subchapter shall be known and may be cited as the Arkansas Lead-Based Paint Hazard Act of 2011. 
 In the interest of public health and safety and the environment and to qualify the Department of Health to adopt, administer, and enforce a program for licensing lead-based paint activities, training programs, procedures, and requirements for the licensing and certification of individuals and firms engaged in lead-based paint activities and work practice standards for performing such activities, the General Assembly finds that it is necessary to enact this subchapter. 
 As used in this subchapter:   (1)  (A) Abatement means any measures or set of measures that results in the permanent elimination of lead-based paint hazards.  (B) Abatement includes without limitation:  (i) The removal of lead-based paint and lead-contaminated dust;  (ii) The permanent enclosure or encapsulation of lead-based paint;  (iii) The replacement of lead-painted surfaces or fixtures;  (iv) The removal or covering of soil contaminated with lead from lead-based paint activities or lead-contaminated paint that has deteriorated; and  (v) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with activities listed in subdivisions (1)(B)(i)-(iv) of this section.    (C) Specifically, abatement includes without limitation:  (i) Projects for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:  (a) Result in the permanent elimination of lead-based paint hazards; or  (b) Are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1)(B) of this section;    (ii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals certified under this subchapter, unless the projects are covered by subdivision (1)(D) of this section;  (iii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless the projects are covered by subdivision (1)(D) of this section; or  (iv) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.    (D)  (i) Abatement does not include renovations, remodeling, landscaping, or other activities when the activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.  (ii) Abatement also does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards;      (2) Certificate means a document issued by the Department of Health to an individual who satisfactorily completes training and examination under this subchapter and meets any other applicable requirements established by the department;  (3)  (A) Child-occupied facility means a building or operation of a building constructed before 1978, visited regularly by the same child six (6) years of age or under on at least two (2) different days within any week, Sunday through Saturday period, if each day's visit lasts at least three (3) hours and the combined weekly visit lasts at least six (6) hours.  (B) Child-occupied facilities may include without limitation daycare centers, preschools, and kindergarten classrooms;    (4) Consultant means a person or other legal entity, however organized, that acts as an agent for the owner and performs lead-based paint activities and meets all other requirements established by the department;  (5) Contractor means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities as an agent for the owner and meets all other requirements of the department;  (6) Inspector means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct inspections and meets all other requirements established by the department. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing;  (7) Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/cm2) or more than five-tenths percent (0.5%) by weight;  (8) Lead-based paint activities means inspection, risk assessment, and abatement of target housing and child-occupied facilities as defined in this subchapter;  (9) Lead-based paint hazard means a condition that causes exposure to dust or soil contaminated by lead-based paint activities or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the Toxic Substances Control Act of 1976, section 403, 15 U.S.C.  2601 et seq.;  (10) License means a document issued by the department to a firm or training provider that meets all applicable requirements as established by the department;  (11) Project designer means an individual who plans and designs or who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to plan and design abatement projects;  (12)  (A) Risk assessor means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct risk assessments and meets all other requirements established by the department.  (B) A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing;    (13) Supervisor means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to supervise and conduct abatements and to prepare occupant protection plans and abatement reports and meets all other requirements established by the department;  (14) Target housing means any housing constructed before 1978, except housing for the elderly or persons with disabilities, unless any one (1) or more children six (6) years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities, or any zero-bedroom dwelling;  (15) Training provider means any person or other legal entity, however organized, that conducts courses for the purposes of certifying individuals for purposes of this subchapter and meets all other requirements established by the department; and  (16) Worker means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to perform abatements and meets all other requirements established by the department.  
 (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.    
 The Department of Health shall administer and enforce this subchapter with the powers and duties to:   (1) Require and regulate training and examinations for individuals engaged in performing lead-based paint activities under this subchapter;  (2) Establish standards and procedures for the licensing and certification of firms and individuals engaged in lead-based paint activities and training providers engaged in training individuals for certification under this subchapter;  (3) Enforce rules necessary or appropriate to the implementation of this subchapter, including without limitation taking legal action in a court of competent jurisdiction;  (4) Issue licenses and certifications to all applicants that satisfy the requirements of this subchapter and any rule adopted under this subchapter;  (5) Renew the licenses and certifications under this subchapter; and  (6) Suspend or revoke the licenses and certifications under this subchapter for cause and after notice and opportunity for a hearing.  
 The State Board of Health shall adopt rules necessary to:   (1) Establish annual license and certification fees for firms, training providers, and individuals;  (2) Recover the costs of processing license applications and the issuance of licenses and certifications; and  (3) Establish other fees necessary to recover the costs of enforcing this subchapter.  
 The Department of Health shall collect fees, rates, tolls, or charges for the services delivered by the department in a manner the department deems necessary to support the activities under this subchapter. 
 (a) A consultant, contractor, or training provider shall obtain a license from the Department of Health to conduct lead-based paint activities before actively engaging in any lead-based paint hazard activities in this state.  (b)  (1) An application for a license shall be made in the manner and form required by the department.  (2) An application for a license or renewal of a license shall be accompanied by proof of liability insurance coverage, except for training providers, in the form and amount required by the department, and proof of such training and examination as required by the department.    (c)  (1) The department shall license and certify all applicants for licenses and certifications under this subchapter that satisfy the requirements of this subchapter.  (2) A license or certification under this subchapter shall be valid for a period of one (1) year.  (3) A license or certification under this subchapter shall be renewable upon application and upon satisfying the renewal requirements of the department.    (d) Except for training providers, the state and political subdivisions of the state are exempt from the license requirements of this subchapter.  
 It is unlawful for a person to:   (1) Conduct lead-based paint activities without having first obtained a license or certification, or both, from the Department of Health when acting as a contractor, consultant, training provider, inspector, project designer, risk assessor, supervisor, or worker;  (2) Violate this subchapter or any rule or order adopted or issued under this subchapter;  (3) Knowingly make any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter or rules adopted under this subchapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted under this subchapter; or  (4) Participate in any lead-based paint-hazard activity contrary to the rules or orders issued under this subchapter and the rules adopted under this subchapter, whether or not the person is required to have a license under this subchapter.  
 (a) As used in this section:  (1) Gambling activity means:  (A) Casino gambling;  (B) Horse racing;  (C) Greyhound racing;  (D) Electronic games of skill under  23-113-103;  (E) Lotteries conducted under the Arkansas Scholarship Lottery Act,  23-115-101 et seq.; and  (F) Lotteries of other states advertising in the state; and    (2) Gambling operator means the operator of a gambling activity.    (b) Except as provided in subdivisions (g)(1)(A) and (g)(2) of this section, an advertisement by a gambling operator for a gambling activity published or broadcast in this state shall include a toll-free helpline telephone number providing information and referral services concerning compulsive gambling disorders.  (c)  (1) In all printed, written, graphic, or internet advertising, the toll-free helpline telephone number required under this section shall be displayed in a manner that is clear, identifiable, and conspicuous, but the number shall not be displayed in a size smaller than provided in subdivision (c)(2) of this section.  (2)  (A) Except as provided in subdivision (g)(1)(A) of this section, in outdoor advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall be displayed in not less than 36-point type print and not more than 50-point type print.  (B) In all other printed, written, graphic, or internet advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall not be displayed in less than 8-point type print.      (d) In all television advertising, the toll-free helpline telephone number required under this section shall:  (1) Be clearly and conspicuously displayed; and  (2) Remain on the screen for at least three (3) seconds.    (e) Except as provided in subdivision (g)(2) of this section, in all radio advertising, the toll-free helpline telephone number required under this section shall be stated in a manner that is clear and understandable.  (f) If a gambling operator operates a website that provides information about or access to a gambling activity, the toll-free telephone number required under this section shall be displayed on the website in a manner that is clear, identifiable, and conspicuous, but the number shall not be displayed in less than 8-point type print.  (g)  (1)  (A) This section does not apply to a billboard leased to a gambling operator as of July 27, 2011.  (B) This section applies to a billboard leased to a gambling operator if the lease was executed by the gambling operator after July 27, 2011.    (2) This section does not apply to a radio advertisement fifteen (15) seconds or less in length.    
 As used in this subchapter:   (1) Bedding means a mattress, upholstered spring, comforter, pad, cushion, pillow, box springs, foundation, or studio couch made, in whole or in part, from new or secondhand fabric, filling materials, or other materials, which can be used for sleeping or reclining purposes;  (2) [Repealed.]  (3) [Repealed.]  (4) Manufacture means the making of bedding out of new material;  (5) New material means any fabric, filling material, other material, or article of bedding that has not been previously used in the manufacturing, distributing, or retailing process or for which the legal title has not been transferred by a manufacturer, distributor, or retailer to a final purchaser, including by-products of any textile or manufacturing process that are free from dirt, insects, and other contamination;  (6) Person means an individual, sole proprietorship, partnership, limited liability company, corporation, joint venture, association, trust, and any other entity and the agents, servants, and employees of the entity;  (7) Renovator means a person that repairs, makes over, recovers, restores, sanitizes, germicidally treats, cleans, or renews bedding;  (8) Sanitizer means a person that sanitizes, germicidally treats, or cleans but does not otherwise alter any fabric, filling material, other materials, or article of bedding for use in manufacturing or renovating bedding;  (9) Secondhand material means any fabric, filling material, other material, or article of bedding that has been previously used for any purpose, including without limitation floor samples from any source other than a seller's own business and factory-returned materials or bedding, or is derived from a postconsumer or industrial waste and that may be used in place of new material in manufacturing or renovating bedding; and  (10) Seller means a person that offers or exposes for sale, barters, trades, delivers, consigns, leases, possesses with intent to sell, or disposes of bedding in any commercial manner at the wholesale, retail, or other level of trade.  
 (a)  (1) All bedding manufactured, renovated, sanitized, or sold by a seller within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials or is made in whole or in part from secondhand materials.  (2) The label on bedding made from all new materials shall be white in color and shall state, ALL NEW MATERIAL.  (3) The label on bedding made in whole or in part from secondhand materials shall be yellow in color and shall state, SECONDHAND MATERIAL.  (4) The labels shall also comply with rules adopted by the Department of Health regarding label dimension, format, informational content, wording, letter size, material, means of placement and affixing to the bedding, and other relevant factors.  (5) Labels required by this section shall be permanently affixed.    (b) A person shall not remove, deface, or alter in whole or in part a label or any statement on a label with the intent to defeat the provisions of this section.  (c) A person shall not make a false or misleading statement on any label required under this section.  (d) The Secretary of the Department of Health shall approve the form and size of labels, the fabric of which the labels are made, and the wording and statements on labels provided for under this section.  (e) Labels required under this section shall be securely attached to the article of bedding or filling material at the site of the manufacturer in a conspicuous place where the label can be easily examined.  (f) Labels required by this section shall have printing only on one (1) side.  (g) Advertising matter shall not be placed on any label or any other printed matter not required by the provisions of this section.  (h) The following statements and headings shall be shown on labels:  (1) UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER shall appear at the top of the label;  (2) Headings shall read All New Material when the bedding material is wholly new material;  (3) Secondhand Material when the bedding material in whole or in part is composed of secondhand material;  (4) Description of filling material as provided in the applicable rules shall be included on the label;  (5) The registry number assigned or approved by the department shall be included on the label;  (6) Certification by the manufacturer that the materials in this article are described in accordance with law shall be included on the label; and  (7) For renovated articles, the name and address of the owner.    
 (a) The contents and uses and percentage of filling materials used in articles of bedding and in bulk form shall be stated on the label.  (b) Percentages shall be computed on the basis of avoirdupois weight of the filling material present and shall be designated on the label in order of predominance with the component with the largest content listed first.  (c) The Department of Health may establish grades, specifications, and tolerances for the kinds and qualities of materials that may be used in the manufacture, repair, or renovation of bedding composed of new materials or secondhand materials and may approve or adopt designations and rules which are not in conflict with any provisions of this section for the labeling of bedding filled with such materials.  (d) The repairer or renovator of any bedding that is subsequently sold shall affix the secondhand material label, which shall be attached to the bedding before delivery to the owner.  (e)  (1) Bedding shall not be manufactured in whole or in part from any secondhand material unless such material has been sanitized, germicidally treated, or cleaned by a method approved by the department.  (2) All bedding containing material that is sanitized, germicidally treated, or cleaned in accordance with subdivision (e)(1) of this section shall bear a clear and conspicuous label that states the following:  (3) In addition, the label shall state:  (A) The specific methods of sanitizing, germicidal treatment, or cleaning applied;  (B) The date on which the article was sanitized, treated, or cleaned;  (C) The name, address, and permit number of the person applying the sanitizing, treatment, or cleaning; and  (D) Specifically which materials or articles have been sanitized, treated, or cleaned.        THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS THAT HAVE BEEN CLEANED AND SANITIZED IN AN APPROVED MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION. 
 (a) The Department of Health, at its discretion, may randomly conduct bedding and materials product tests and inspections of the premises of any bedding manufacturer, renovator, or sanitizer for the purpose of determining compliance with the provisions of this section and the department's rules adopted under this section.  (b) If the department finds probable cause to believe that an article of bedding violates any provisions of this section, the department may embargo, remove, recall, condemn, destroy, or otherwise dispose of bedding found to violate any provisions of this section.  (c)  (1)  (A)  (i) The department may deny, suspend, or revoke an initial or renewal permit of any person that violates any provision of this section.  (ii) Each day of a continuing violation constitutes a separate violation.    (B) A person who violates any provision of this section commits a Class A misdemeanor.    (2) The court may order restitution in addition to any other penalty provided in this subchapter.  (3) The department may petition for an injunction to restrain a continuing violation of this section or a threat of a continuing violation of this section, provided such violation or threatened violation creates an immediate threat to public health and safety.  (4)  (A) A manufacturer, renovator, or seller that knowingly attaches to bedding or sells bedding bearing a label stating that the product is made from all new materials when the person has actual knowledge or reason to believe or suspect that such bedding is made in whole or in part from secondhand materials commits a Class A misdemeanor.  (B) Each bedding product that is found to be falsely labeled in this respect constitutes a separate violation.      
 (a) The Department of Health may adopt rules to implement this section, including without limitation rules regarding the following:  (1) Mandatory label dimensions;  (2) Format;  (3) Informational content, including the name, address, and permit number of the manufacturer, renovator, or sanitizer;  (4) Letter size;  (5) Material;  (6) Placement;  (7) Affixing specifications;  (8) Other relevant requirements;  (9) The procedures and requirements for the application, issuance, renewal, denial, suspension, and revocation of each class of permit, including, but not limited to, manufacturers, renovators, sanitizers, and sellers;  (10) Adequate notice and opportunity for hearing for persons potentially subject to denial, suspension, or revocation;  (11) Approved manufacturers and sellers of labels required by this section; and  (12) Any other substantive, interpretative, or procedural rules necessary to implement this subchapter.    (b) In setting standards and procedures under this section, including those to protect public health and safety, the department may issue rules incorporating by reference uniform standards, norms, or testing procedures that are issued, promulgated, or accepted by recognized government, public, or industry organizations.  
 (a)  (1) Any minor who has reached seventeen (17) years of age may act as a blood donor to any nonprofit blood bank or any licensed hospital without consideration.  (2) The consent of the minor seventeen (17) years of age or older shall not be subject to disaffirmance because of the minority of the donor.  (3) The consent of the parent or guardian of the minor seventeen (17) years of age or older shall not be necessary to authorize the taking of blood from the minor.    (b) A minor sixteen (16) years of age may act as a blood donor to a nonprofit blood bank or a licensed hospital without consideration, if the minor sixteen (16) years of age obtains written permission or authorization from his or her parent or guardian.  (c) However, nothing in this section relieves a blood bank or hospital or its agents or employees from civil liability for any negligence in taking the blood of a minor.  
 (a) Any individual or company that collects blood products, including, but not limited to, red cells, white cells, platelets, clotting factors, immunoglobulins, or plasma for the purpose of resale or distribution used in the treatment of human disease, shall:  (1) Inform the donor that his or her blood will be tested for the presence of human immunodeficiency virus antigens or antibodies (HIV-1), causative agents of acquired immunodeficiency syndrome (AIDS) and other blood-borne diseases and shall inform the donor of the test results. In addition, if the donor's blood tests are found to be reactive, the donor's name shall be made available to the Department of Health for the purpose of contact tracing and partner notification and to donor referral registries;  (2) Use no donations of blood products or plasma until the donor has been found to be free of evidence of the HIV infection by a United States Food and Drug Administration-approved screening test such as the Enzyme-Linked Immunosorbent Assay (ELISA) test; and  (3) Repeat any screening test that is found to be positive. If the screening test is repeatedly positive, a confirmatory test such as the Western Blot, Immunofluorescence Assay (IFA), or any other confirmatory test subsequently approved by the United States Food and Drug Administration shall be performed. If confirmatory testing is positive for evidence of HIV infection, the donor shall be informed and his or her blood shall not be accepted.    (b) Donors who test positive shall be encouraged to seek medical consultation from their physician or local public health facility.  
 The operation of a house of ill fame, a bawdy house, a disorderly house, or any house for the purpose of assignation or prostitution in this state to which men and women resort for the purpose of prostitution or lewdness is declared to be a public nuisance, detrimental to public morals, and may be abated under the present provisions of law for the suppression of public nuisances. 
 The sellers of all eyeglasses sold in the State of Arkansas shall furnish at the time of sale or delivery thereof a card, sticker, or tag indicating to the purchaser or receiver of the eyeglasses either that the lenses in the glasses are impact resistant or that the lenses are nonimpact resistant. 
 Eyeglasses sold or prescribed in this state as impact-resistant eyeglasses shall meet the following minimum standards:   (1) If the lenses of the eyeglasses are made of glass, the lenses shall be capable of withstanding the impact of a five-eighths inch (5/8") steel ball dropped from a height of fifty inches (50"); and  (2)  (A) When plastic materials are used in the construction of ophthalmic lenses or frames, the material shall be slow burning.  (B) Cellulose nitrate or materials having flammability characteristics approximating those of cellulose nitrate shall not be used.  (C) Flammability of the materials shall be no greater than that exhibited by cellulose acetate or acetate butyrate.    
 The purpose of this subchapter is to provide for the prevention, screening, diagnosis, and treatment of lead poisoning, including elimination of the sources of the poisoning through such research, educational, epidemiological, and clinical activities as may be necessary. 
 As used in this subchapter:   (1) [Repealed.]  (2) [Repealed.]  (3) [Repealed.]  (4) Dwelling means a structure, all or part of which is designed or used for or in connection with human habitation, including garages, carports, sheds, fences, and gates;  (5) Dwelling unit means any room, group of rooms, or other interior area of a structure designed or used for human habitation;  (6) Exposed surface means all interior surfaces of a dwelling or dwelling unit and those exterior surfaces which are readily accessible to children under six (6) years of age, such as stairs, porches, railings, windows, doors, facings, sills, and siding;  (7) Lead-bearing substance means any paint, lacquer, glaze, or other applied surface coatings, putty, plaster, structural material, or similar substance which contains more than five-tenths of one percent (0.5%) lead metal by weight in the total nonvolatile contents of the substance, or any such substance containing an amount of lead metal not to exceed five-tenths of one percent (0.5%) as hereafter may be established by federal law or regulation;  (8) Occupant or tenant means any person living, sleeping, cooking, eating in, or having actual possession of a dwelling or dwelling unit;  (9) Owner means any person who alone, jointly, or severally with others has legal title to, charge, care, or control of any dwelling or dwelling unit as owner, as agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner; and  (10) Person means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision, or combination thereof or any agent or representative of the foregoing.  
 This subchapter shall not prohibit any political subdivision from enacting and enforcing ordinances or laws for the prevention and control of lead poisoning which provide the same or more restrictive provisions as this subchapter or the rules promulgated pursuant to this subchapter. 
 When in the judgment of the Department of Health any person has engaged in or is about to engage in any acts or practices of commission or omission which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, the Attorney General, upon written notice thereof by the department, shall make application to the court of competent jurisdiction for an order enjoining the acts or practices or for an order directing compliance. Upon a showing by the department that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. 
 (a) The Department of Health is designated as the Lead Poisoning Prevention and Control Agency.  (b) The Secretary of the Department of Health shall perform the functions vested in the department pursuant to this subchapter.  (c) In discharging its function in lead poisoning prevention and control, the department may:  (1) Develop a screening program to identify children under six (6) years of age with lead poisoning or potential lead poisoning;  (2) Report immediately all actual or suspected cases of lead poisoning found in the screening program to the parent or legal guardian;  (3) Follow up the positive screening results by referring children with extremely high blood lead levels for clinical evaluations or treatment and retest children with minimal elevated levels within three (3) months;  (4) Investigate the lead hazard in the places of residence and frequent occupancy of children with elevated blood lead readings;  (5) Notify the owner and occupant in writing of the lead hazard and, if necessary and after a hearing pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq., require discontinuance within thirty (30) days of a paint condition conducive to lead poisoning in any designated dwelling;  (6) Prescribe in written notice to the owner and the occupant the method of discontinuance of the lead paint condition conducive to lead poisoning;  (7) Advise, consult, and cooperate with other agencies of the state, the United States Government, municipal agencies, other state and interstate agencies, political subdivisions, and other private or public groups concerned with the prevention and control of lead poisoning;  (8) Collect and disseminate information relating to the prevention and control of lead poisoning;  (9) Formulate, adopt, promulgate, amend, and repeal rules for the prevention and control of lead poisoning; and  (10) Issue such orders or modifications thereof as may be necessary in connection with proceedings under this subchapter.    
 (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.  
 (a) After completion of an inspection or investigation, the Secretary of the Department of Health or his or her designee shall notify the owner and tenant of his or her findings and, in the event any lead hazard was found, the notification shall contain instructions pertaining to abatement as prescribed by this subchapter and rules promulgated pursuant to this subchapter.  (b) If the lead hazard has not been properly abated within thirty (30) days after receipt of notification, the owner shall be in violation of this subchapter.  
 (a) After receiving notice of the presence of lead hazards, no owner of any dwelling or dwelling unit shall engage in retaliatory action against an occupant of the affected dwelling or dwelling unit especially as pertains to eviction or threat of eviction because of the presence of lead hazards.  (b) This section is not intended to preclude an owner from finding other suitable housing for and in agreement with the occupant if such action is determined to be in the best interest of the occupant during the hazard abatement period.  
 The General Assembly finds that:   (1) Direct smoking of tobacco and indirect smoking of tobacco through inhaling the smoke of those who are smoking nearby are major causes of preventable diseases and death; and  (2) Prohibiting tobacco use in medical facilities will decrease the use of tobacco and exposure to harm from tobacco.  
 For purposes of  20-27-704, this section, and  20-27-706  20-27-708:   (1) Grounds means the buildings in and on which medical facilities operate, together with all property owned by a medical facility that is contiguous to the buildings in which medical services are provided;  (2) Medical facilities means hospitals, including both inpatient and outpatient services, as well as hospital-owned and operated ambulatory surgery centers, hospital-owned and operated free-standing medical clinics, and human development centers as defined in  20-48-101; and  (3) Tobacco means cigars, cigarettes, pipes, or other tobacco-smoking devices.  
 (a) Smoking of tobacco is prohibited in and on the grounds of all medical facilities.  (b)  (1) Each medical facility shall request any person who violates subsection (a) of this section to desist.  (2) If the violation continues, the medical facility may report the violation to the appropriate law enforcement agency.    
 (a) If a treating physician determines that an inpatient's treatment will be substantially impaired by the denial to that patient of the use of tobacco, the physician may enter a written order permitting the use of tobacco by that patient.  (b) The order shall be consistent with:  (1) The medical facility's medical staff bylaws;  (2) Hospital regulations; and  (3) Local ordinances.    
 A violation of  20-27-706 is a Class C misdemeanor. 
 (a) Each medical facility shall post signs in prominent places in its facilities and on its property to explain the prohibition of smoking under  20-27-706.  (b)  (1) Notices shall be written in English and Spanish.  (2) For a person who cannot read the signs, the prohibition of smoking in a medical facility on its grounds shall be given verbally in the appropriate language before any enforcement of the prohibition against the violator.    (c) The Department of Health may treat a violation of this section as a deficiency to be assessed against the medical facility.  
 (a)  (1) It shall be unlawful for any person, firm, or corporation to leave or permit to remain outside of any dwelling, building, or other structure or within any unoccupied or abandoned building, dwelling, or other structure under his, her, or its control in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that may not be released from the inside without first removing the door or lid, snaplock, or other locking device from the icebox, refrigerator, or container.  (2) This subchapter shall not apply to reefers, refrigerator, or icer cars of any railroad or railway express agency or any other refrigerator vehicles unless the vehicles have been abandoned or discarded.    (b)  (1) The Labor Safety Administrator of the Division of Labor or any of his or her deputies or inspectors shall have the right to remove the door hinges or to dismantle, if necessary, any icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that violates this subchapter.  (2) The administrator or any of his or her deputies or inspectors shall have the right to enter any junkyard, vacant lot, dump, yard, unoccupied or abandoned building, dwelling, or other structure or place frequented by children in order to perform duties pursuant to this section.    (c)  (1) Any person, firm, or corporation that is found guilty of a violation of this section shall be guilty of a violation and upon conviction subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each violation.  (2) Each icebox, refrigerator, or other container abandoned in a condition contrary to this section shall be deemed a separate offense.    
 The Labor Safety Administrator of the Division of Labor or any of his or her deputies or inspectors may require the installation of inside door handles on any walk-in refrigerator, icebox, freezer, or door of a cold storage room where in his or her discretion the absence of inside door handles in the freezing unit may endanger the life of any employee or other authorized personnel using the unit. 
 As used in this subchapter:   (1) Fabricator means a person who fabricates, assembles, or glazes from component parts such structures or products commonly known as sliding glass doors, entrance doors, adjacent fixed glazed panels, storm doors, shower doors, bathtub enclosures, panels to be fixed glazed, entrance doors, or other structures to be glazed, to be used or installed in hazardous locations;  (2)  (A) Hazardous locations means those areas in residential, commercial, and public buildings where the use of other than safety glazing materials would constitute a hazard as the Director of the Division of Labor may determine after notice and hearings as are now required by law.  (B) Hazardous locations shall specifically include those installations, glazed or unglazed, known as sliding glass doors, framed or unframed glass doors, and adjacent fixed glazed panels which may be mistaken for a means of ingress or egress, storm doors, shower doors, and tub enclosures whether or not the glazing in the doors, panels, or enclosures is transparent;    (3) Installer means those persons or concerns who or which install glazing materials or build structures containing glazing materials in hazardous locations;  (4) Manufacturer means a person who manufactures safety glazing material; and  (5) Safety glazing material means any glazing material, such as tempered glass, laminated glass, wire glass, or rigid plastic, which meets the test requirements of the American National Standards Institute Standard Z-97.1  1972 and which is so constructed, treated, or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with glazing material.  
 (a) Any person or company violating any of the provisions of this subchapter shall be guilty of a misdemeanor.  (b) Upon conviction, the person or company shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned in the county jail not more than thirty (30) days, or both fined and imprisoned.  
 (a)  (1) Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in a hazardous location within this state shall be labeled as such by etching, sand blasting, firing of ceramic material, or pressure sensitive labels on the safety glazing material.  (2) The label shall identify the labeler, whether manufacturer, fabricator, or installer, the thickness and type of safety glazing material, and the fact that the material meets the test requirements of American National Standards Institute Standard Z-97.1  1972.  (3) The label shall be legible and visible after installation.    (b) Safety glazing labeling shall not be used on other than safety glazing materials.  
 (a) It is unlawful in this state to knowingly sell, fabricate, assemble, glaze, install, consent to installation, or cause to be installed glazing materials other than safety glazing materials in, or for use in, any hazardous locations.  (b) This section shall not apply to the replacement of glazing materials in a residence constructed for occupancy of not more than two (2) families, which residence is in existence on January 1, 1974.  
 No liability under this subchapter is created for workers who are employees of a contractor, subcontractor, material supplier, or other employer responsible for compliance with this subchapter. 
 This chapter shall be known as the Public Water System Service Act. 
 As used in this chapter:   (1) Community public water system means a public water system which serves at least fifteen (15) service connections used by year-round residents or which regularly serves at least twenty-five (25) year-round residents;  (2) Noncommunity public water system means a public water system, not a community public water system, which serves fifteen (15) connections or twenty-five (25) persons at least sixty (60) days during the year;  (3) Nontransient noncommunity water system means a noncommunity water system which serves at least twenty-five (25) of the same individuals at least one hundred eighty (180) days, or portions thereof, per year, or a public water system which is utilized as a source for bottled water;  (4) Public water system means all sources and their surroundings from which water is derived for drinking or domestic purposes by the public, including sources for bottled water, and all structures, conduits, and appurtenances in connection therewith by which water for such use is obtained, treated, conditioned, stored, and delivered to customers;  (5) Public Water System Supervision Program means the program administered by the Division of Engineering of the Department of Health, which includes the monitoring and supervision of all community public water systems. Activities under this program include, but are not limited to, conducting sanitary surveys, collecting and analyzing water samples and interpreting the results, training water system operators, investigating water and wastewater complaints, and reviewing applications, engineering reports, and construction plans for water and wastewater facilities; and  (6) Service connection means any connection to a community or nontransient noncommunity public water system which delivers treated water to a residence, business, office, industry, or other customer for domestic, commercial, or industrial use.  
 (a)  (1) The owner or agent of any water system violating any provisions of this chapter shall upon conviction be guilty of a violation.  (2) Each day in violation shall constitute a separate offense subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).    (b) Additionally, any water system violating any provision of this chapter shall be subject to civil penalties up to one thousand dollars ($1,000) per day for each day during which the violation occurs.  (c) The Attorney General or his or her designee shall assist the Department of Health in prosecuting water systems not in compliance with this chapter.  
 (a) The Department of Health may collect the following fees from each public water system for service, other than plan reviews, provided by the public water system supervision program:  (1)  (A) For a community public water system and a nontransient noncommunity water system, not more than forty cents (40) per service connection per month.  (B)  (i) The number of service connections for a community public water system not serving discrete service connections shall be calculated by dividing the population served by two and one-half (212).  (ii) The number of service connections for a nontransient noncommunity water system shall be calculated by dividing the population served by two and one-half (212).    (C) The minimum fee charged to a community public water system or a nontransient noncommunity water system is two hundred fifty dollars ($250) per year; and    (2) For a noncommunity public water system, one hundred twenty-five dollars ($125) per year.    (b) The number of service connections or population served shall be taken from the department's public water system inventory at the time of billing.  (c)  (1) A new water system shall not be assessed a fee for services until water is supplied to the first connection.  (2) Each state-owned noncommunity public water system is exempt from the fee provisions of this chapter.    (d) The fees shall be established by the State Board of Health to assure implementation of this chapter.  
 (a) All fees payable under this chapter shall be due according to the following schedule and shall be payable to the Department of Health:  (1) Annual fees of one thousand dollars ($1,000) and less shall be payable in a single payment due on January 1 of each year;  (2) Annual fees greater than one thousand dollars ($1,000) and less than five thousand dollars ($5,000) shall be payable in quarterly payments, with the payments due on October 1, January 1, April 1, and July 1 of each year; and  (3) Annual fees of five thousand dollars ($5,000) and greater shall be payable in monthly payments, with the first payment due on August 1 of each year. Successive payments shall be due on the first day of each month.    (b) All water systems issuing regular water bills for water service may recover the cost of the fees stated in  20-28-104 by one (1) of the following methods:  (1) Assessing a direct charge on each bill of not more than forty cents (40) per month per service connection; or  (2)  (A) Apportioning the total amount of the annual fee charged to the water system among its customers in any manner that the water system determines to be more equitable.  (B) However, a charge in excess of forty cents (40) per month per service shall not be charged for any service through which water is provided to another community public water system.      (c) The charge shall be labeled, FEE FOR FEDERAL SAFE DRINKING WATER ACT COMPLIANCE, and shall not be considered as a part of the water rates of the respective water systems. The fee shall be established by the State Board of Health to assure implementation of this chapter.  
 (a) All fees, fines, and penalties collected under this chapter are declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund, and such moneys shall be expended only as specified in subsection (c) of this section for the operation of the Public Water System Supervision Program.  (b) Subject to rules and regulations as 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 the program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  (c) Expenditures of funds collected under this section shall be limited to the following purposes:  (1) In the Division of Engineering of the Department of Health:  (A) Personnel expenditures for staff engaged in program activities;  (B) Expenditures for capital equipment, including vehicles, for program activities;  (C) Maintenance and operation expenditures for staff engaged in program activities;  (D) Expenditures for official business travel for staff engaged in program activities;  (E) Expenditures for training and conferences for staff engaged in program activities;  (F) Expenditures for public education activities in support of the program and the drinking water industry;  (G) Expenditures for water system operator training activities;  (H) Expenditures in support of a statewide wellhead protection program;  (I) Expenditures for consultants and professional services in support of program activities; and  (J) Expenditures for any other activities directly related to the program; and    (2) In the Public Health Laboratory of the Department of Health:  (A) Personnel expenditures for staff engaged in drinking water analyses;  (B) Expenditures for capital equipment for drinking water analytical services;  (C) Maintenance and operation expenditures for staff engaged in drinking water analytical services;  (D) Expenditures for official business travel for staff engaged in drinking water analytical services; and  (E) Expenditures for training and conferences for staff engaged in drinking water analytical services.      
 This chapter shall be known as the Arkansas Manufactured Home Recovery Act. 
 As used in this chapter, commission means the Arkansas Manufactured Home Commission. 
 (a) There is created on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a trust fund to be known as the Manufactured Housing Recovery Fund.  (b) The fund shall consist of trust fund receipts derived from fees assessed under this chapter by the Arkansas Manufactured Home Commission and shall be used for such purposes as are set out in  20-29-104  20-29-108, 20-29-109 [repealed], and 20-29-110.  (c) No money shall be expended from the fund for any purpose except at the direction of the commission.  (d) The fund shall be administered, disbursed, and invested under the direction of the commission.  (e)  (1) All incomes derived through investment of the fund shall be credited to the fund as investment income.  (2) For the purposes of investment, moneys invested and interest earned thereon shall be administered as trust funds pursuant to the State Treasury Management Law,  19-3-501 et seq.    (f) Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.  
 (a) The Arkansas Manufactured Home Commission shall collect assessment fees from manufacturers of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers.  (b) The commission shall collect the following assessment fees at the time of submission of initial certification or licensure applications:  (1) Installer $2,500.00 per location  (2) Retailer 5,000.00 per location  (3) Manufacturer 10,000.00 per location    (c)  (1) If the balance of the Manufactured Housing Recovery Fund falls below two hundred fifty thousand dollars ($250,000), then the commission may collect an annual assessment from each manufacturer of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers, and the annual assessment shall continue until such time as the fund is restored to a minimum level of two hundred fifty thousand dollars ($250,000).  (2) The annual assessments collected shall not exceed the following:  (A) Installer $500.00 per location  (B) Retailer 1,000.00 per location  (C) Manufacturer 3,000.00 per location    (3) The assessments shall be collected within thirty-days' notice to all certified manufacturers, retailers, and licensed installers.    (d)  (1) Any participant may receive a refund of its initial assessment after a two-year waiting period after it ceases operation of its business in this state if there are no claims pending against the participant, provided that:  (A) The participant shall notify the commission by certified mail within forty-five (45) days after the two-year waiting period and request the refund or the assessment fee shall be forfeited; and  (B) The two-year waiting period shall begin on the participant's next certification or licensing anniversary date after the participant ceases operation of its business in this state.    (2) If the participant fails to satisfy the provisions found in subdivisions (d)(1)(A) and (B) of this section, the assessment fee shall remain in the fund.  (3) No interest shall accrue to the benefit of the participant.    
 (a) All consumer, licensee, installer, retailer, or manufacturer complaints shall be filed with the Arkansas Manufactured Home Commission. The commission shall determine, by hearing or whatever procedure it establishes, whether any standard adopted by the commission has been violated and, if so, the actual cost of repairs to the manufactured home, if any, suffered by the aggrieved party or parties.  (b) The amount of damages awarded by the commission shall be limited to the actual cost of repairs to the manufactured home and shall not include attorney's fees. On appeal to the circuit court from an award of the commission, the jurisdiction of the circuit court shall be limited to the actual cost of repairs to the manufactured home. The circuit court shall not have jurisdiction to award attorney's fees, court costs, or punitive or exemplary damages for claims covered by this chapter.  (c) The question of what constitutes a continuing series of violations shall be a matter solely within the discretion and judgment of the commission.  (d)  (1) The commission shall by rule establish procedures for the investigation and timely resolution of claims against the Manufactured Housing Recovery Fund involving participating manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported during the one-year period beginning on the date of installation of the home.  (2) The investigations, required corrections, and remedial actions shall be handled in accordance with the code and rules promulgated pursuant to the code.  (3) The commission shall by rule establish requirements for eligibility of claims against the fund.    
 (a) Upon a finding by the Arkansas Manufactured Home Commission that a standard has been violated, the commission shall direct the respondent licensee, retailer, installer, or manufacturer to correct the violation within a reasonable time, not to exceed ninety (90) days following the written decision of the commission.  (b) If the violation is not corrected within ninety (90) days following the written decision of the commission and if no appeal of the decision has been filed in the circuit court, the commission, upon request, shall pay from the Manufactured Housing Recovery Fund the actual cost of repairs to the manufactured home if:  (1) The amount is not in excess of ten thousand dollars ($10,000) for any one (1) violation of the respondent licensee, installer, retailer, or manufacturer;  (2) The fund balance is sufficient to pay the award;  (3) The complainant has assigned all rights and claims that he or she has against the respondent to the commission; and  (4) The complainant agrees to subrogate the commission to all rights of the complainant to the extent of the payment.    (c) Nothing in this section shall obligate the fund for any amount in excess of twelve thousand five hundred dollars ($12,500) per installer, twenty-five thousand dollars ($25,000) per retailer, or seventy-five thousand dollars ($75,000) per manufacturer with respect to the actions of any one (1) licensee, installer, retailer, or manufacturer.  
 (a)  (1) Appeals from a decision of the Arkansas Manufactured Home Commission shall be to the circuit court in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (2) The appeal shall stay that portion of the commission order which directs payment of the damages. Neither the respondent nor the commission shall be required to pay damages to the complainant until such time as a final order of the circuit court, Court of Appeals, or Supreme Court is issued.    (b) On appeal, the circuit court jurisdiction in awarding damages to be paid from the Manufactured Housing Recovery Fund shall be limited in amount to:  (1) The amount determined by the commission; or  (2) The limits set forth in  20-29-106(c). The court shall not award attorney's fees or court costs to be paid by the fund.    
 (a)  (1) The Arkansas Manufactured Home Commission shall suspend the license or certificate of each licensee, installer, retailer, or manufacturer until such time as the licensee, installer, retailer, or manufacturer reimburses award amounts paid on its behalf to the Manufactured Housing Recovery Fund, plus interest at a rate to be determined by the commission, but the interest is not to exceed ten percent (10%) per annum.  (2) The commission may permanently suspend the license or certificate of the respondent upon failure to pay an order of the commission or court.    (b) The commission may move the circuit court to suspend the license or certificate of the respondent during pendency of an appeal from a commission order.  
 (a) The Arkansas Manufactured Home Commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a stay pursuant to  20-29-107.  (b) All hearings and appeals under this chapter shall be pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (c) Nothing in this chapter shall be construed to limit or restrict in any manner other civil or criminal remedies available under other laws to any person.  
 On January 1 of any year, if the Manufactured Housing Recovery Fund exceeds four hundred thousand dollars ($400,000), the Arkansas Manufactured Home Commission may approve the use of up to five percent (5%) of the fund balance above that amount for training and education programs, including, but not limited to, workshops, instruction manuals, audio and video tapes, and presentations. 
 The Arkansas Manufactured Home Commission may establish rules for implementation of this chapter. 
 As used in this chapter:   (1) Critical items means those aspects of operation or conditions of facilities or equipment which, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. These include:  (A) Restriction of employees with infection;  (B) Approved water supply of hot and cold running water under pressure;  (C) Sewage and liquid waste disposal;  (D) No cross-connection or back-siphonage;  (E) Safety;  (F) Excessive turbidity;  (G) Failure to maintain proper chemical levels;  (H) Failure or lack of filtration, sanitizing, and cleaning equipment and chemicals; and  (I) Absence or lack of required supervisory personnel;    (2) [Repealed.]  (3) Imminent health hazard means any condition, deficiency, or practice which, if not corrected, is very likely to result in illness, injury, or loss of life to any person;  (4) Person means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the United States Government and its agencies and departments; and  (5)  (A) Public swimming pool means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, together with buildings, appurtenances, and equipment used in connection therewith. Included are spa-type, wading, or special purpose pools or water recreation attractions, including, but not limited to, those operated at camps, childcare facilities, cities, clubs, subdivisions, apartment buildings, counties, institutions, schools, motels, hotels, and mobile home parks, to which admission may be gained with or without payment of a fee.  (B) Public swimming pool shall not apply to private pools at single-family residences.    
 (a) Any person operating a public swimming pool in violation of this chapter or rules adopted pursuant to this chapter shall be guilty of a violation.  (b)  (1) Upon conviction, that person shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each offense.  (2) Each day of operation after sufficient notice has been given shall constitute a separate offense.    
 The Department of Health is authorized:   (1) To carry out or cause to be carried out all provisions of this chapter;  (2) To collect all fees provided for in this chapter;  (3) To prescribe such rules governing the alteration, construction, sanitation, safety, and operation of public swimming pools as may be necessary to protect the health and safety of the public and to require every public swimming pool to comply with these rules;  (4) To inspect every public swimming pool in operation in the state to determine compliance with this chapter and rules;  (5) To issue or cause to be issued, suspend, and revoke permits to operate public swimming pools as provided in this chapter;  (6) To notify the owner, proprietor, or agent in charge of any public swimming pool of such changes or alterations as may be necessary to effect complete compliance with this chapter and rules governing the construction, alteration, and operation of the facilities and to close the facilities for failure to comply within specified times as provided in this chapter and rules; and  (7) To train, test, and certify qualified operators of public swimming pools.  
 (a) No person shall operate a public swimming pool who does not hold a valid permit issued to him or her by the Department of Health.  (b) Every person who shall engage in the business of operating a public swimming pool shall procure a permit from the department for each public swimming pool operated.  (c)  (1) Any person planning to operate a public swimming pool shall make written application for a permit on forms provided by the department. The applications shall be completed and returned to the department with the proper permit fee.  (2) Before approval of the application for a permit, the department shall inspect the proposed facility to determine compliance with requirements of this chapter and rules. The department shall issue a permit to the applicant if the inspection reveals that the facility is in compliance with the requirements of this chapter and rules.    (d) Each permit for public swimming pools shall expire on the December 31 next following its issuance.  (e) Applications for renewal of permits for existing public swimming pools shall be mailed to the operator before January 1 of each year. When completed applications and the proper permit fees are returned, the department shall issue new permits to applicants.  (f) No permit shall be transferred from one location or individual to another.  (g) Permits shall be posted in a conspicuous manner.  
 The Department of Health may suspend or revoke any permit to operate a public swimming pool issued pursuant to this chapter if the department has reasonable cause to believe that the permittee is not in compliance with this chapter or the permittee has repeatedly violated requirements of this chapter. 
 (a) The annual permit fee to operate a public swimming pool shall be twenty-five dollars ($25.00), except as outlined in subsection (b) of this section, due and payable each January 1. The permit fee shall be due and payable before beginning operation of any new public swimming pool and on each January 1 thereafter.  (b) If a public swimming pool and a food service establishment are owned and operated at the same location by a common individual, corporation, firm, or other entity, the annual swimming pool permit fee shall be ten dollars ($10.00) due and payable each January 1.  (c) The permit fee shall be paid to the Department of Health before a permit is issued, and the permit shall be kept and displayed in a conspicuous manner, properly framed, at the pool for which it was issued.  
 (a) All fees and fines levied and collected under this chapter are declared to be special revenues and shall be deposited into the State Treasury to be credited to the Public Health Fund.  (b) Subject to such rules as 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 swimming pools that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  
 This chapter may be known and may be cited as the Arkansas Electrical Code Authority Act. 
 As used in this chapter:   (1) [Repealed.]  (2) [Repealed.]  (3) [Repealed.]  (4) Electrical facilities means all wiring fixtures, appurtenances, and appliances for and in connection with a supply of electricity within or adjacent to any building, structure, or conveyance but not including the connection with a power supply meter or other power supply source;  (5) Electrical work means:  (A) Installations of electric conductors and equipment within or on public and private buildings or other structures, including recreational vehicles and floating buildings, and other premises such as yards, carnivals, parking and other lots, and industrial substations;  (B) Installations of conductors that connect to the supply of electricity; and  (C) Installations of other outside conductors on the premises;    (6)  (A) Electrician means any person, individual, member, or employee of a firm, partnership, or corporation which is engaged in the business of or who for hire:  (i) Plans, lays out, and supervises the installation, maintenance, and extension of electrical conductors and equipment; or  (ii) Installs, erects, repairs or contracts to install, erect, or repair:  (a) Electrical wires or conductors to be used for the transmission of electric light, heat, power, or signaling purposes;  (b) Moulding, ducts, raceways, or conduits for the reception or protection of wires or conduits; or  (c) Any electrical machinery, apparatus, or systems to be used for electrical light, heat, power, or signaling purposes.      (B) Electrician also means an electrical contractor, a master electrician, a journeyman electrician, or an industrial maintenance electrician licensed under  17-28-101 et seq.; and    (7) Primary residence means an unattached single-family dwelling used as the person's primary place of residence.  
 (a) The following types of construction and structures shall be exempted from this chapter:  (1) Any construction, installation, maintenance, repair, or renovation by a public utility regulated by the Arkansas Public Service Commission, by a rural electric association or cooperative, or by a municipal utility, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards;  (2) Any construction, installation, maintenance, repair, or renovation of any nonresidential farm building or structure; and  (3) Any construction or manufacture of manufactured homes covered by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.  5401 et seq.    (b) The exemption from compliance with the standards promulgated in this section shall not be referred to in any way, and it shall not be any evidence of the lack of negligence or the exercise of due care by a party at a trial of any civil action to recover damages by any party.  (c) The licensing requirements of this chapter do not apply to an owner that performs electrical work or the construction, maintenance, or installation of electrical facilities upon the existing primary residence of the owner or a primary residence of the owner that is under construction.  
 (a) Beginning January 1, 1992, the Board of Electrical Examiners of the State of Arkansas is empowered to adopt rules to establish statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work.  (b) The board shall adopt the National Electrical Code, 1990 edition, of the National Fire Protection Association.  (c) If there are updates and new editions to the National Electrical Code, the board, after notice and public hearing, shall adopt such changes and editions which it determines are necessary to ensure the public health and safety.  (d) The statewide standards shall guarantee a uniform minimum standard for the construction, installation, and maintenance of electrical facilities and for the performance of electrical work in:  (1) Any new public, business, or commercial buildings or structures constructed after July 15, 1991;  (2) Any new educational institutions or buildings constructed after July 15, 1991;  (3) Any new single-family or multifamily residence constructed after July 15, 1991; and  (4) Any other type of new construction undertaken in the State of Arkansas not specifically exempted under this chapter.    (e) The term new or new construction as used in this section shall apply to any new building or structure or any complete addition to or renovation of a building or structure where electrical conductors within are placed, added, or replaced in whole or part. It shall not apply to the repair or replacement of existing electrical conductors in existing buildings or structures or to minor repairs consisting of repairing or replacing outlets or minor working parts of electrical fixtures.  (f) It shall be the duty of the Division of Labor to administer and enforce this chapter.  
 (a) Beginning January 1, 1992, unless specifically exempted under this chapter, no person or electrician shall perform any construction, installation, or maintenance of electrical facilities or perform electrical work in this state except in compliance with the statewide standards promulgated under this chapter.  (b) Any person or electrician who does any construction, installation, and maintenance of electrical facilities or performs electrical work in this state without an exemption and not in compliance with this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500) or by imprisonment for not more than thirty (30) days, or both fine and imprisonment.  (c) In addition to the penalties in subsection (b) of this section, the Director of the Department of Labor is authorized:  (1) To petition any court of competent jurisdiction to enjoin or restrain any person or electrician who does any construction, installation, and maintenance of electrical facilities or performs electrical work without an exemption or who otherwise violates this chapter; and  (2) To seek the suspension or revocation by the Board of Electrical Examiners of the State of Arkansas of any electrical contractor, a master electrician, a journeyman electrician, or an industrial maintenance electrician licensed under  17-28-101 et seq. who is found to be in violation of this chapter.    
 As used in this chapter:   (1) Commercial medical waste means any medical waste transported from a generator to an off-site disposal facility when the off-site disposal facility is engaged in medical waste disposal for profit;  (2) [Repealed.]  (3) Facility means all contiguous land and structures, other appurtenances, and improvements on the land, used for treating, destroying, storing, or disposing of infectious waste. A facility may consist of several treatment, destruction, storage, or disposal operational units;  (4) Generator means any person producing medical waste;  (5) Medical waste means a waste from healthcare-related facilities, which, if improperly treated, handled, or disposed of may serve to transmit an infectious disease and which includes the following:  (A) Pathological wastes  all human unfixed tissues, organs, and anatomical parts, other than intact skin, which emanate from surgeries, obstetrical procedures, dental procedures, autopsies, and laboratories. Such waste shall be exclusive of bulk formaldehyde and other preservative agents;  (B) Liquid or semiliquid blood such as human blood, human blood components and products made from human blood, for example, serum and plasma, and other potentially infectious materials, to include regulated human body fluids such as semen, vaginal secretions, cerebrospinal fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids when it is difficult or impossible to differentiate between body fluids, not to include urine or feces, which cannot be discharged into the collection system of a publicly owned treatment works within the generating facility;  (C) Contaminated items, to include dressings, bandages, packings, gauze, sponges, wipes, cotton rolls and balls, etc., which cannot be laundered and from which blood, blood components, or regulated body fluids drip freely, or that would release blood or regulated body fluids in a liquid or semiliquid state if compressed or that are caked with dried blood or regulated body fluids and are capable of releasing these materials during handling:  (i) Disposable, single-use gloves such as surgical or examination gloves shall not be washed or decontaminated for reuse and are handled as a contaminated item; and  (ii) Protective coverings such as plastic wrap and aluminum foil used to cover equipment and environmental surfaces when removed following their contamination are considered a contaminated item;    (D) Microbiological waste  includes, but is not limited to, cells and tissue cultures, culture medium or other solution and stocks of infectious agents, organ cultures, culture dishes, devices used to transfer, inoculate, and mix cultures, paper and cloth which have come in contact with specimens or cultures, and discarded live vaccines; and  (E) Contaminated sharps, which includes, but is not limited to, hypodermic needles, intravenous tubing with needles attached, syringes with attached needles, razor blades used in surgery, scalpel blades, Pasteur pipettes, broken glass from laboratories, and dental wires;    (6) Off-site means any facility which is not on-site;  (7)  (A) On-site means a facility on the same or adjacent property.  (B) Adjacent as used in this subdivision (7) means real property within four hundred (400) yards from the property boundary of the existing facility;    (8) Person means an individual or any legal entity;  (9) Transport means the movement of medical waste from the generator to any intermediate point and finally to the point of treatment or disposal; and  (10) Treater or disposer means any facility as defined in subdivision (3) of this section or a commercial medical waste incineration facility as defined in  8-6-1302.  
 A healthcare facility accepting medical waste for disposal from the physicians and surgeons who are on the staff of the healthcare facility shall be classified as an on-site facility and shall not be subject to this chapter. 
 (a) Any person who violates any provision of this chapter shall be guilty of a felony. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year, or a fine of not more than twenty-five thousand dollars ($25,000), or both.  (b) In addition, any person who violates any provision of this chapter may be subject to a civil penalty by the State Board of Health. The penalty shall not exceed ten thousand dollars ($10,000) for each violation.  
 (a) All fees and fines levied and collected under  20-32-103 and 20-32-107 are declared to be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund to be used exclusively for the enforcement of laws and regulations pertaining to the segregation, packaging, storage, transportation, treatment, and disposal of medical waste.  (b) Subject to such rules as 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 the regulation of commercial medical waste that pertain to fees and fines collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  
 (a)  (1) The Division of Arkansas State Police and the enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation may stop vehicles suspected of transporting commercial medical waste to assure that all required permits for transporting the commercial medical waste have been obtained and to enforce all laws and rules relating to the transportation of commercial medical waste.  (2) The Division of Arkansas State Police may administer and supervise the program of inspection of vehicles which transport commercial medical waste and have a gross vehicle weight rating of less than ten thousand pounds (10,000 lbs.). The Division of Arkansas State Police shall collect a fee of fifty dollars ($50.00) for each inspection. The fee shall be deposited as special revenues into the State Treasury and distributed to the credit of the Division of Arkansas State Police Fund to defray the costs of administering and supervising the inspection program.    (b) The enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation may conduct vehicle safety inspections of those vehicles transporting or intended to be utilized to transport commercial medical waste, to inquire into the history of any safety or equipment rule violations of the transporter in any state, and to advise the Department of Health of the results of such inspections and inquiries.  
 (a) The Department of Health may regulate the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities.  (b) These rules shall include:  (1) Criteria for issuing operational licenses to treaters or disposers, and transporters of commercial medical waste;  (2) Criteria for issuing permits and permit modifications to facilities;  (3) Developing a system for recordkeeping by any person generating, transporting, receiving, treating, or disposing of commercial medical waste;  (4) Acceptable methods of treatment and disposal of commercial medical waste;  (5) Requirements for the segregation, packaging, and storage of commercial medical waste;  (6) Criteria for the development of an operating plan for the handling and disposal of commercial medical waste; and  (7) Requirements for the inspection of any facility generating, storing, incinerating, or disposing of commercial medical waste.    (c) All rules promulgated pursuant to this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.  
 (a) No person may transport, treat, or dispose of commercial medical waste without first obtaining an operating license from the Department of Health.  (b) The treater or disposer, or transporter shall submit an application for an operating license and an application fee of two hundred fifty dollars ($250).  (c) Upon issuance of the operating license, the treater or disposer, or transporter shall pay a license fee of no more than five dollars ($5.00) per ton.  (d) The department shall issue operating licenses for a period of one (1) year.  (e)  (1) If the treater or disposer, or transporter has a history of noncompliance with any law, rule, or regulation of this state or any other jurisdiction, particularly those laws, rules, or regulations pertaining to the environment and the protection of the health and safety of the public, the department may refuse to issue an operating license.  (2) If a history of noncompliance is discovered after the operating license has been issued, the department may revoke the license.    
 (a) This section shall not apply to commercial medical waste incineration facilities which are required to comply with the provisions for obtaining a permit under  8-6-1301 et seq.  (b) No person shall operate or construct a commercial medical waste facility without submitting an application for a permit or permit modification to the Department of Health. No permit or permit modification shall be issued by the department for any facility unless the department approves both the site of the facility and the technological process to be used by the facility for the treatment and disposal of commercial medical waste.  (c) The department may levy up to one hundred dollars ($100) per hour not to exceed five thousand dollars ($5,000) for application processing costs incurred by the department.  (d) Any person applying for a permit or a permit modification to construct and operate a facility shall complete the following criteria at least thirty (30) days before submitting a permit application to the department:  (1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and  (2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed facility permit or permit modification is located and in at least one (1) newspaper of statewide circulation of the intent to apply for a permit or permit modification to construct and operate a facility.    (e) The department shall provide written notice by certified mail of the proposed permit or permit modification to the mayor of the city and the county judge of the county where the property which is the subject matter of the permit application is located.  (f) Before the issuance of a final permit, the department shall conduct a public hearing in the county in which the facility is to be located.  
 No applications shall be accepted nor shall permits be issued pursuant to  20-32-108 by the Department of Health for the construction or operation of a facility in which any of the following factors is present:   (1) The location of the facility is within a regulatory floodway, as adopted by communities participating in the national flood program managed by the Federal Emergency Management Agency;  (2) The location of the facility overlies any portion of a significant surface or subsurface sand and gravel aquifer for its primary recharge zone or a high-yield bedrock aquifer;  (3) The location of the facility could pose a threat to fisheries, wildlife, or other natural resources; or  (4) The location of the facility does not comply with zoning regulations of the locality in which the facility is proposed.  
 (a) No operational licenses shall be issued to any transporter of commercial medical waste unless that transporter shows evidence that:  (1) Each vehicle used for the transportation of commercial medical waste is covered by liability insurance in an amount specified by the Department of Health; and  (2) The liability insurance is issued by a company authorized to do business in this state by the State Insurance Department.    (b) Companies providing liability insurance for any transporter of commercial medical waste shall notify the Department of Health of the cancellation of any policy providing liability coverage to a transporter at least thirty (30) days before cancellation.  
 Nothing in this subchapter shall be construed to affect the authority of cities and counties to enact zoning regulations or procedures that control the location of medical waste facilities or sites. 
 (a) Any person or carrier, or any officer, employee, agent, or representative thereof, while operating any vehicle transporting medical waste or which is authorized to transport medical waste, who shall violate any of the rules, including safety rules, prescribed or hereafter prescribed by the State Highway Commission pursuant to  23-1-101 et seq. or who shall violate any rule of the Department of Health that specifically relates to the transportation of medical waste shall be guilty of a violation.  (b) Upon conviction, that person or carrier, or officer, employee, agent, or representative thereof, shall be fined not more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent offense.  
 (a) As used in this section:  (1) Registry records check means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in  20-38-101; and  (2) Service provider means any of the following:  (A) A home- and community-based health services provider certified by the Department of Human Services;  (B) A home healthcare services agency as defined by  20-10-801;  (C) A hospice program as defined by  20-7-117; or  (D) A long-term care facility as defined by  20-10-702.      (b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and  20-38-101 et seq., concerning criminal history records checks.  (c)  (1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and  20-38-101 et seq., concerning criminal history records checks.  (2)  (A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under  20-33-201  20-33-212 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under  20-33-201  20-33-212 [repealed].  (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under  20-38-101 et seq.      (d)  (1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and  20-38-101 et seq., concerning criminal history records checks.  (2)  (A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under  20-33-201  20-33-212 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under  20-33-201  20-33-212 [repealed].  (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under  20-38-101 et seq.      (e) The department shall establish by rule requirements for registry records checks for:  (1) An applicant for licensure or certification of a service provider;  (2) An applicant for employment with a service provider; and  (3) An employee of a service provider.    
 (a)  (1) A manufacturer of modular or factory-built structures, other than manufactured housing that is governed by the United States Department of Housing and Urban Development, certified to do business in the State of Arkansas may contract with an independent third-party compliance assurance or inspection agency that is listed with the International Accreditation Service, Inc., for the inspection of modular or factory-built buildings destined for delivery within the state for compliance with the Arkansas Fire Prevention Code and applicable state and municipal electrical, plumbing, and mechanical codes.  (2) If a manufacturer of modular or factory-built buildings contracts with an independent third-party inspector to monitor compliance with the Arkansas Fire Prevention Code and applicable state and municipal electrical, plumbing, and mechanical codes relating to the construction of new buildings, no further inspection by state or local building officials may be required for that part of the structure built in the factory.    (b) A copy of the third-party inspector's inspection report shall accompany the building to the construction site for review.  (c) The cost of the independent third-party inspection shall be borne by the modular building manufacturer.  
 This chapter shall be known and may be cited as the Genetic Research Studies Nondisclosure Act. 
 As used in this chapter, genetic research study or studies means those genetic research studies approved by an institutional review board as defined in 21 C.F.R., Part 50, as it existed on January 1, 2001, or conducted subject to the requirements of the federal common rule at 21 C.F.R., Part 50 and Part 56, and 45 C.F.R., Part 46, as it existed on January 1, 2001. 
 (a) No research records of individual subjects in genetic research studies shall be:  (1) Subject to subpoena or discovery in civil suits, except in cases in which the information in the records is the basis of the suit; or  (2) Disclosed to employers or health insurers without the informed, written consent of the individual.    (b)  (1) All stored tissues, including blood, that arise from surgery, other diagnostic or therapeutic steps, or autopsy may be disclosed for genetic or other research studies, if:  (A) The patient's name or Social Security number is not attached to or included with the specimen; or  (B) The patient's name or Social Security number is attached to or included with the specimen and the patient has given informed written consent to the disclosure.    (2) Informed written consent shall not be included in a section of the consent for treatment, admission to a hospital or clinic, or permission for an autopsy.    (c)  (1) It shall be permissible to publish or otherwise use the results of genetic research studies for research or educational purposes if no individual subject is identified.  (2) If specific informed consent from the individual has been obtained in writing, the individual may be identified.    
 (a) The Department of Health shall establish and administer a program for the registration of biological agents.  (b) The biological agent registry shall identify the biological agents possessed and maintained by any person in this state and shall contain other information required under rules adopted by the department.  
 As used in this chapter:   (1) Biological agent means:  (A) Any select agent that is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listed in 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003;  (B) Any genetically modified microorganisms or genetic elements from an organism within 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003, shown to produce or encode for a factor associated with a disease; or  (C) Any genetically modified microorganisms or genetic elements that contain nucleic acid sequences coding for any of the toxins listed within 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003, or their toxic submits; and    (2) Person means any association, business, corporation, facility, firm, individual, institution of higher education, organization, partnership, society, state agency, or other legal entity.  
 (a)  (1) The Department of Health shall adopt rules for the implementation of the biological agent registry program as follows:  (A) Determining and listing the biological agents required to be reported under this section;  (B) Designating persons required to make reports and specific information required to be reported, including time limits for reporting, form of reports, and to whom reports shall be submitted;  (C) Providing for the release of information in the registry to state and federal law enforcement agencies and the United States Centers for Disease Control and Prevention under a communicable disease investigation commenced or conducted by the department or other state or federal law enforcement agencies having investigatory authority, or in connection with any investigation involving release, theft, or loss of biological agents;  (D) Establishing a system of safeguards that requires persons possessing and maintaining biological agents subject to this section to comply with the same federal standards that apply to persons registered to possess the same agents under federal law; and  (E) Establishing a process for persons that possess and maintain biological agents to alert appropriate authorities of unauthorized possession or attempted possession of biological agents.    (2) The rules shall designate appropriate authorities for receipt of alerts from these persons.    (b) Any person that possesses and maintains any biological agent required to be reported under this section shall report to the department the information required for inclusion in the biological agent registry.  (c)  (1) Except as otherwise provided in this section, information prepared for or maintained in the registry under this section shall be confidential and shall not be a public record under the Freedom of Information Act of 1967,  25-19-101 et seq.  (2) The department may release information contained in the registry for the purpose of conducting or aiding in a communicable disease investigation.  (3) The department shall cooperate with and may share information contained in the registry with the United States Centers for Disease Control and Prevention and state and federal law enforcement agencies in any investigation involving the release, theft, or loss of a biological agent required to be reported under this section.  (4) Release of information from the registry as authorized under this subsection shall not render the information released a public record under the Freedom of Information Act of 1967,  25-19-101 et seq.  (5) Release of information from the registry as authorized under this subsection also shall not render the information prepared for or maintained in the registry a public record under the Freedom of Information Act of 1967,  25-19-101 et seq.    
 (a)  (1) The Department of Health shall impose a civil penalty for a willful or knowing violation of this section in the amount of up to one thousand dollars ($1,000).  (2) Each day of a continuing violation shall be a separate offense.    (b) Any person wishing to contest a penalty shall be entitled to an administrative hearing in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq.  
 (a) In order for the Department of Health to fully perform the duties outlined in  20-36-103, the department shall diligently pursue funding for bioterrorism and for the biological agent registry.  (b) The department's administration of this registry program is subject to adequate and available funding in which to fully meet the requirements of this chapter.  
 As used in this chapter:   (1) Care means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly;  (2) Determination means the determination made by the licensing or certifying agency that a service provider, operator, applicant for employment with, or employee of a service provider is or is not disqualified from licensure, exemption from licensure, certification, any other operating authority, or employment based on the criminal history of the service provider, operator, applicant, or employee;  (3)  (A) Employee means any person who:  (i) Has unsupervised access to clients of a service provider, except as provided in subdivision (3)(B) of this section; and  (ii) Meets any of the following criteria:  (a) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider;  (b) Is employed by a service provider to provide care to clients of the service provider;  (c) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or  (d) Resides in an alternative living home in which services are provided to individuals with developmental disabilities.      (B) Employee does not include a person who:  (i) Is a family member of a client receiving care from a service provider;  (ii) Is a volunteer; or  (iii) Works in an administrative capacity and does not have unsupervised access to clients of a service provider;      (4) Licensing or certifying agency means the state agency charged with licensing, exempting from licensure, certifying, or granting other operating authority to a service provider;  (5) National criminal history records check means a review of criminal history records maintained by the Federal Bureau of Investigation based on fingerprint identification or other positive identification methods;  (6) Operator means the person signing the application of a service provider for licensure, exemption from licensure, certification, or any other operating authority;  (7) Registry records check means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure, certification, exemption from licensure, or any other operating authority to be a service provider or for employment with a service provider to provide care;  (8) Report means a statement of the criminal history of a service provider, operator, applicant for employment with, or employee of a service provider issued by the Identification Bureau of the Department of Arkansas State Police;  (9) Service provider means any of the following:  (A) An Alternative Community Services Waiver Program provider certified by the Division of Developmental Disabilities Services of the Department of Human Services;  (B) A childcare facility as defined by  20-78-202;  (C) A church-exempt childcare facility as recognized under  20-78-209;  (D) An early intervention program provider certified by the Division of Developmental Disabilities Services of the Department of Human Services;  (E) A home- and community-based health services provider certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;  (F) A home healthcare service under  20-10-801;  (G) A hospice program under  20-7-117;  (H) A long-term care facility as defined by  20-10-702; or  (I) A nonprofit community program as defined by  20-48-101; and    (10) State criminal history records check means a review of state criminal history records conducted by the Identification Bureau of the Department of Arkansas State Police.  
 (a)  (1)  (A) When an operator applies for a license, exemption from licensure, certificate, or other operating authority for a service provider from its licensing or certifying agency, the operator shall submit a criminal history records check form and a complete set of fingerprints to the Identification Bureau of the Department of Arkansas State Police and request a state criminal history records check and a national criminal history records check on the operator.  (B) The operator shall attach evidence of the request for a criminal history records check to the application for the service provider's license, exemption from licensure, certificate, or other operating authority.    (2)  (A) The bureau shall conduct a state criminal records history check and request a national criminal history records check on the operator.  (B) Upon completion of each criminal history records check, the bureau shall issue a report to the licensing or certifying agency.  (C) The licensing or certifying agency shall share the information obtained from the criminal history records check and the national criminal history records check only with employees of the Department of Human Services who have an official business reason to see the information.    (3) Based on the criminal history records checks, the licensing or certifying agency shall determine whether the operator is or is not disqualified from licensure, exemption from licensure, certification, or other operating authority.  (4) The licensing or certifying agency shall forward its determination to the operator and the service provider seeking licensure, exemption from licensure, certification, or other operating authority.    (b) Operators are required to undergo periodic criminal history records checks no less than one (1) time every five (5) years.  
 (a)  (1) Before making an offer of employment, a service provider shall inform an applicant that employment is contingent on the satisfactory results of criminal history records checks.  (2) If a service provider intends to make an offer of employment to an applicant, the service provider shall conduct criminal history records checks on the applicant under this section.  (3) Except as provided in subdivision (a)(4) of this section, if the service provider can verify that the applicant has lived continuously in the state for the past five (5) years, the service provider shall require the applicant to submit a criminal history records check form and shall, in accordance with the rules of the appropriate licensing or certifying agency:  (A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police; and  (B) Conduct a registry records check on the applicant.    (4) If the service provider cannot verify that the applicant has lived continuously in the state for the past five (5) years or if the applicant is seeking employment at a childcare facility as defined by  20-78-202 or a church-exempt childcare facility as recognized under  20-78-209, regardless of the length of time that the applicant has lived in the state, the service provider shall require the applicant to submit a criminal history records check form and a complete set of fingerprints and shall:  (A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police;  (B) Initiate a fingerprint-based criminal history records check performed by the Federal Bureau of Investigation on the applicant; and  (C) Conduct a registry records check on the applicant.      (b) After a service provider satisfies the regulatory requirements of the appropriate licensing or certifying agency governing registry checks of applicants for employment, the service provider may conditionally employ an applicant pending receipt of a determination from the appropriate licensing or certifying agency.  (c) If a service provider uses temporary employees to provide care, the service provider shall:  (1) Use a contract to detail the requirements for placing temporary employees with the service provider; and  (2) Ensure that the contract pertaining to the service provider's use of temporary employees requires the entity providing the temporary employees to comply with the following terms:  (A) The entity is responsible for conducting a criminal history records check on each temporary employee under this subchapter before the placement of the temporary employee with the service provider; and  (B) The entity shall:  (i) Maintain all documentation regarding criminal history records checks for each temporary employee placed with a service provider;  (ii) Indicate whether each temporary employee placed with a service provider has been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency; and  (iii) Provide copies of the documentation to the service provider, which shall be made available to the appropriate licensing or certifying agency upon request.        (d) A service provider shall inform employees that continued employment is contingent on the satisfactory results of criminal history records checks and shall conduct periodic criminal history records checks on all employees no less than one (1) time every five (5) years.  (e)  (1)  (A) When a service provider initiates a request for a state criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue within twenty-four (24) hours an electronic report to the licensing or certifying agency.  (B) When a licensing or certifying agency submits a request for a national criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue a report to the licensing or certifying agency within ten (10) days after receipt of the results of the national criminal history records check from the Federal Bureau of Investigation.    (2) After receipt of a report from the Identification Bureau of the Division of Arkansas State Police, the licensing or certifying agency shall determine whether the applicant or employee is disqualified from employment with the service provider based on the criminal history of the applicant or employee and shall forward its determination to the service provider.  (3)  (A)  (i) If the licensing or certifying agency determines that an applicant or employee is disqualified from employment based on the criminal history of the applicant or employee, the service provider shall deny employment to the applicant or shall terminate the employment of the employee.  (ii)  (a) If the applicant or employee is disqualified from employment based on the criminal history and the service provider wants to employ the applicant or continue to employ the employee, the service provider shall provide written notice to the licensing or certifying agency of the person's identity and that the service provider has determined that the person is not disqualified from employment because the person satisfies the criteria for a waiver under  20-38-105(d)(3).  (b) After receipt of written acknowledgment from the licensing or certifying agency that the service provider has determined that the applicant or employee is not disqualified from employment because the person satisfies the criteria for a waiver under  20-38-105(d)(3), the service provider may employ the applicant or continue the employment of the employee.      (B) If the licensing or certifying agency issues a determination that an applicant or employee is not disqualified from employment or if there is no criminal history on an applicant or employee, the service provider may employ the applicant or continue the employment of the employee.      (f)  (1) If the subject of a criminal history records check has been offered employment with a childcare facility or a church-exempt childcare facility, the subject of a criminal history records check shall not be assessed a fee for the statewide criminal history records check required under this section.  (2) The subject of a criminal history records check shall be responsible for the payment of any fee associated with the nationwide criminal history records check.    (g) A person may challenge the completeness or accuracy of his or her criminal history information under  12-12-1013.  
 (a) A request for a state criminal history records check on a person shall include a completed statement that:  (1) Contains the name, address, and date of birth appearing on a valid identification document issued by a government entity to the person who is the subject of the state criminal history records check;  (2) Indicates whether the person has been found guilty of or pleaded guilty or nolo contendere to a crime and, if so, includes a description of the crime and the particulars of the finding of guilt or the plea;  (3) Notifies the person that a service provider may conduct national criminal history records checks, state criminal history records checks, and registry records checks on the person;  (4) Provides the consent of the person who is the subject of the state criminal history records check to disclosure of checks, reports, and determinations under this subchapter;  (5) Informs the person how to object to the content of reports; and  (6) Contains the notarized signature of the person who is the subject of the state criminal history records check.    (b)  (1) A request for a national criminal history records check on a person shall conform to applicable federal standards and shall include a complete set of fingerprints.  (2) The Identification Bureau of the Department of Arkansas State Police may maintain fingerprints submitted for a national criminal history records check in an automated fingerprint identification system.    
 (a)  (1) Except as provided in subsection (d) of this section, the licensing or certifying agency shall issue a determination that a person is disqualified as a service provider, operator, or from employment with a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of:  (A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas;  (B) Any similar offense by a court in another state; or  (C) Any similar offense by a federal court.    (2) Except as provided in subsection (d) of this section, a service provider shall not knowingly employ a person and the licensing or certifying agency shall not knowingly contract with, license, exempt from licensure, certify, or otherwise authorize a person to be a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of:  (A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas;  (B) Any similar offense by a court in another state; or  (C) Any similar offense by a federal court.      (b) As used in this section, the following criminal offenses apply to this section unless the record of the offense is expunged, pardoned, or otherwise sealed:  (1) Criminal attempt,  5-3-201, criminal complicity,  5-3-202, criminal solicitation,  5-3-301, or criminal conspiracy,  5-3-401, to commit any of the offenses in this subsection;  (2) Capital murder,  5-10-101;  (3) Murder,  5-10-102 and 5-10-103;  (4) Manslaughter,  5-10-104;  (5) Negligent homicide,  5-10-105;  (6) Kidnapping,  5-11-102;  (7) False imprisonment,  5-11-103 and 5-11-104;  (8) Permanent detention or restraint,  5-11-106;  (9) Robbery,  5-12-102 and 5-12-103;  (10) Battery,  5-13-201  5-13-203;  (11) Assault,  5-13-204  5-13-207;  (12) Coercion,  5-13-208;  (13) Introduction of a controlled substance into the body of another person,  5-13-210;  (14) Terroristic threatening,  5-13-301;  (15) Terroristic act,  5-13-310;  (16) Any sexual offense,  5-14-101 et seq.;  (17) Voyeurism,  5-16-102;  (18) Death threats concerning a school employee or student,  5-17-101;  (19) Incest,  5-26-202;  (20) Domestic battery,  5-26-303  5-26-306;  (21) Interference with visitation,  5-26-501;  (22) Interference with court-ordered custody,  5-26-502;  (23) Endangering the welfare of an incompetent person,  5-27-201 and 5-27-202;  (24) Endangering the welfare of a minor,  5-27-205 and 5-27-206;  (25) Contributing to the delinquency of a minor,  5-27-209;  (26) Contributing to the delinquency of a juvenile,  5-27-220;  (27) Permitting abuse of a minor,  5-27-221;  (28) Soliciting money or property from incompetent persons,  5-27-229;  (29) Engaging children in sexually explicit conduct for use in visual or print media,  5-27-303;  (30) Pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child,  5-27-304;  (31) Transportation of minors for prohibited sexual conduct,  5-27-305;  (32) Employing or consenting to the use of a child in a sexual performance,  5-27-402;  (33) Producing, directing, or promoting a sexual performance by a child,  5-27-403;  (34) Computer crimes against minors,  5-27-601 et seq.;  (35) Felony abuse of an endangered or impaired person,  5-28-103;  (36) Theft of property,  5-36-103;  (37) Theft of services,  5-36-104;  (38) Theft by receiving,  5-36-106;  (39) Forgery,  5-37-201;  (40) Criminal impersonation,  5-37-208;  (41) Financial identity fraud,  5-37-227;  (42) Arson,  5-38-301;  (43) Burglary,  5-39-201 and 5-39-204;  (44) Breaking or entering,  5-39-202;  (45) Resisting arrest,  5-54-103;  (46) Felony interference with a law enforcement officer,  5-54-104;  (47) Cruelty to animals,  5-62-103 and 5-62-104;  (48) Felony violation of the Uniform Controlled Substances Act,  5-64-101 et seq.;  (49) Public display of obscenity,  5-68-205;  (50) Promoting obscene materials,  5-68-303;  (51) Promoting obscene performance,  5-68-304;  (52) Obscene performance at a live public show,  5-68-305;  (53) Prostitution,  5-70-102;  (54) Patronizing a prostitute,  5-70-103;  (55) Promotion of prostitution,  5-70-104  5-70-106;  (56) Stalking,  5-71-229;  (57) Criminal use of a prohibited weapon,  5-73-104;  (58) Simultaneous possession of drugs and firearms,  5-74-106;  (59) Unlawful discharge of a firearm from a vehicle,  5-74-107;  (60) Aggravated assault upon a law enforcement officer or an employee of a correctional facility,  5-13-211, if a Class Y felony; and  (61) Sexual extortion,  5-14-113.    (c)  (1) The provisions of this subsection shall not be waived by the licensing or certifying agency.  (2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, a conviction or plea of guilty or nolo contendere for any of the offenses listed in this subsection, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, shall result in permanent disqualification from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider and is not subject to subsection (d) of this section:  (A) Any of the following offenses by any court in the State of Arkansas:  (i) Capital murder,  5-10-101;  (ii) Murder in the first degree,  5-10-102;  (iii) Murder in the second degree,  5-10-103;  (iv) Kidnapping,  5-11-102;  (v) Rape,  5-14-103;  (vi) Sexual assault in the first degree,  5-14-124;  (vii) Sexual assault in the second degree,  5-14-125;  (viii) Endangering the welfare of an incompetent person in the first degree,  5-27-201;  (ix) Abuse of an endangered or impaired person,  5-28-103, if it is a felony;  (x) Arson,  5-38-301;  (xi) Aggravated assault upon a law enforcement officer or an employee of a correctional facility,  5-13-211, if a Class Y felony; and  (xii) Sexual extortion,  5-14-113;    (B) Any similar offense by a court in another state; or  (C) Any similar offense by a federal court.    (3) For purposes of licensure as a childcare facility, exemption from licensure as a church-exempt childcare facility, or employment with a childcare facility or church-exempt childcare facility, a conviction or plea of guilty or nolo contendere for any offense that involves violence or a sexual act, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, may result in permanent disqualification from licensure as a childcare facility, exemption from licensure as a church-exempt childcare facility, or employment with a childcare facility or church-exempt childcare facility and may not be subject to subsection (d) of this section.    (d)  (1) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if:  (A) The conviction or plea of guilty or nolo contendere was for a misdemeanor offense;  (B) The date of the conviction or plea of guilty or nolo contendere is at least five (5) years from the date of the request for the criminal history records check; and  (C) The person has no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the criminal history records check request.    (2) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if:  (A) The conviction or plea of guilty or nolo contendere was for a felony offense;  (B) The date of the conviction or plea of guilty or nolo contendere is at least ten (10) years from the date of the background check request; and  (C) The individual has no criminal convictions or pleas of guilty or nolo contendere during the ten-year period preceding the request for a criminal history records check.    (3) This section does not disqualify a person from employment with a service provider if:  (A) The conviction or plea of guilty or nolo contendere was for any of the nonviolent offenses listed below:  (i) Theft by receiving,  5-36-106;  (ii) Forgery,  5-37-201;  (iii) Financial identity fraud,  5-37-227;  (iv) Resisting arrest,  5-54-103;  (v) Criminal impersonation in the second degree,  5-37-208(b);  (vi) Interference with visitation,  5-26-501;  (vii) Interference with court-ordered custody,  5-26-502;  (viii) Prostitution,  5-70-102; and  (ix) Patronizing a prostitute,  5-70-103;    (B) The service provider wants to employ the person;  (C) The person remains in employment with the same service provider;  (D) The person has completed probation or parole supervision, paid all court-ordered fees or fines, including restitution, and fully complied with all court orders pertaining to the conviction or plea;  (E) The person will be employed by:  (i) A long-term care facility licensed by the Office of Long-Term Care;  (ii) An intermediate care or other facility, developmental day treatment clinic services provider, or group home licensed or certified by the Division of Developmental Disabilities Services; or  (iii) A childcare facility or a church-exempt childcare facility licensed by the Division of Child Care and Early Childhood Education;    (F) Subsequent to employment, the person does not plead guilty or nolo contendere to or is found guilty of any offense in subsection (b) of this section; and  (G) The person does not have a true or founded report of child maltreatment or adult maltreatment in a central registry.      (e) A person shall not be disqualified from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if the person has been found guilty of or has pleaded guilty or nolo contendere to a misdemeanor offense not listed in subsection (b) of this section, a similar misdemeanor offense in another state, or a similar federal misdemeanor offense.  (f) Even if the person would otherwise be disqualified under this section, a person shall not be disqualified from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if the person:  (1) Was not disqualified on August 31, 2009; and  (2) Since August 31, 2009, has not been found guilty of or pleaded guilty or nolo contendere to:  (A) An offense listed in subsection (b) of this section;  (B) A similar offense in another state; or  (C) A similar federal offense.      (g) Notwithstanding any other provision of law, a person is not disqualified from employment if:  (1) The person is employed as or being considered for employment as a peer support specialist or other similar position requiring that the person has personally received services within the behavioral health system;  (2) The person works or is applying to work with individuals receiving substance abuse treatment; and  (3) The only offense on the person's criminal background check that would disqualify him or her from employment is an offense that does not involve violence or a sexual act.    
 (a) A service provider shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, or the licensing or certifying agency evidence that criminal history records checks have been completed on all operators, applicants for employment, and employees of the service provider and evidence that all operators, applicants for employment, and employees of the service provider have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency.  (b) If a service provider employs an applicant or continues the employment of an employee who satisfied the criteria for a waiver under  20-38-105(d)(3), the service provider shall maintain documentation that the person met the criteria for the waiver, including the written acknowledgment by the licensing or certifying authority.  
 The licensing or certifying agency shall establish remedies for failure to comply with this subchapter to be imposed on a service provider licensed, exempted from licensure, certified, or otherwise authorized to operate by its licensing or certifying agency. 
 (a) The Identification Bureau of the Department of Arkansas State Police shall make reasonable efforts to respond immediately to requests for state criminal history records checks and to respond to requests for national criminal history records checks within ten (10) calendar days after the receipt of a national criminal history records check from the Federal Bureau of Investigation.  (b) Upon completion of a criminal history records check, the Identification Bureau of the Department of Arkansas State Police shall forward all information obtained concerning the applicant or employee to the Arkansas Crime Information Center.  
 The Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, and the licensing or certifying agency shall cooperate to prepare forms and promulgate consistent rules as necessary to implement this subchapter. 
 (a) All reports obtained under this subchapter are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, and the licensing or certifying agency.  (b) The information contained in reports shall not be released or otherwise disclosed to any other person or agency except by court order and is specifically exempt from disclosure under the Freedom of Information Act of 1967,  25-19-101 et seq., except to the licensing or certifying agency.  
 The Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, the licensing or certifying agency, and the service provider are immune from suit or liability for damages for acts or omissions other than malicious acts or omissions occurring in the performance of duties imposed by this subchapter. 
 (a) Except for employees of licensed childcare facilities or church-operated exempt childcare facilities, this subchapter does not apply to a person who provides care to clients of a service provider subject to a professional license issued under:  (1) Section 17-27-101 et seq., regarding licensed professional counselors;  (2) The Arkansas Dental Practice Act,  17-82-101 et seq., regarding dentists;  (3) Section 17-87-101 et seq., regarding nurses;  (4) The Arkansas Occupational Therapy Practice Act,  17-88-101 et seq., regarding occupational therapists;  (5) Section 17-92-101 et seq., regarding pharmacists;  (6) The Arkansas Physical Therapy Act,  17-93-101 et seq., regarding physical therapists;  (7) The Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq.,  17-95-401 et seq., regarding physicians and surgeons;  (8) Section 17-96-101 et seq., regarding podiatrists;  (9) Section 17-97-101 et seq., regarding psychologists and psychological examiners;  (10) The Licensure Act of Speech-Language Pathologists and Audiologists,  17-100-101 et seq., regarding speech-language pathologists and audiologists; or  (11) The Social Work Licensing Act,  17-103-101 et seq., regarding social workers.    (b)  (1) Professional license shall not include certification.  (2) Certified persons includes certified nursing assistants and certified home health aides.    (c) With the exception of applicants and employees qualified under  20-38-105(d)(3), if the service provider can verify that the applicant has maintained employment in the State of Arkansas for the past twelve (12) months and has successfully completed a criminal history records check within the past twelve (12) months, the service provider is not required to conduct a criminal history records check on the applicant.  (d) With the exception of applicants and employees qualified under  20-38-105(d)(3), if a service provider can verify that an applicant or employee has been the subject of an employment determination described in subsection (e) of this section, the service provider is not required to conduct any further criminal history records check on the applicant or employee to determine eligibility for employment except as required under  20-38-103(d) for continued employment.  (e)  (1) With the exception of applicants and employees qualified under  20-38-105(d)(3), an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider shall be fully acceptable and transferrable upon request between the following divisions and offices of the Department of Human Services:  (A) The Division of Child Care and Early Childhood Education for a childcare facility or church-exempt childcare facility;  (B) The Division of Developmental Disabilities Services for an Alternative Community Services Waiver Program provider, an early intervention provider, or a nonprofit community program; and  (C) The Office of Long-Term Care for a long-term care facility licensed as an intermediate care facility for individuals with developmental disabilities.    (2) With the exception of applicants and employees qualified under  20-38-105(d)(3), the divisions and office listed in subdivision (e)(1) of this section shall accept from any other division or office listed in subdivision (e)(1) of this section an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider in each instance that the following conditions are met:  (A) The employee is or applicant will be continuously employed by the service provider in one (1) or more of the service provider types described in subdivision (e)(1) of this section;  (B) The applicable service provider types in which an employee is employed or an applicant will be employed are operated and administered by the same service provider;  (C) The service provider maintains evidence acceptable to the licensing or certifying agency that the service provider types for which employment determinations and criminal history records checks are accepted under this subsection are operated and administered by the same service provider; and  (D) The service provider maintains an original or copy of the determination letter for each employee at the service provider type for which employment determinations and criminal history records checks are accepted under this subsection and at which the employee who is the subject of the determination letter is employed.      
 The Department of Human Services shall:   (1)  (A) Contingent upon the receipt of funding, appropriation, and positions, create and maintain a program that automates the databases of the Child Maltreatment Central Registry created in  12-18-901, the Adult and Long-term Care Facility Resident Maltreatment Central Registry created in  12-12-1716, and the Certified Nursing Assistant/Employment Clearance Registry maintained by the Office of Long-Term Care under 42 C.F.R.  483.156 and  20-10-203.  (B) The program created and maintained under subdivision (1)(A) of this section shall allow an entity or person required to conduct a registry check under a registry listed in subdivision (1)(A) of this section to access all three (3) registries through a single web-based process;    (2) Streamline the process of requesting a registry check so that all forms authorizing the release of confidential information under a registry listed in subdivision (1)(A) of this section are consistent; and  (3) Adopt rules to implement this section.  
 This subchapter shall be known and may be cited as the Arkansas Healthcare Decisions Act. 
 As used in this subchapter:   (1) Advance directive means an individual instruction or a written statement that anticipates and directs the provision of health care for an individual, including without limitation a living will or a durable power of attorney for health care;  (2) Agent means an individual designated in an advance directive to make a healthcare decision for the individual granting the power;  (3) Capacity means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a healthcare decision;  (4)  (A) Durable power of attorney for health care means a written advance directive that identifies an agent who is authorized to make healthcare decisions on behalf of the principal.  (B) Durable power of attorney for health care includes without limitation a document appointing a healthcare proxy executed under  20-17-202;    (5) Emancipated minor means a minor who has been emancipated under  9-27-362;  (6) Emergency responder means a paid or volunteer firefighter, law enforcement officer, or other public safety official or volunteer acting within the scope of his or her proper function or rendering emergency care at the scene of an emergency;  (7) Guardian means a judicially appointed guardian or conservator having authority to make a healthcare decision for an individual;  (8) Health care means any care, treatment, service, or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, including medical care;  (9) Healthcare decision means consent, refusal of consent, or withdrawal of consent to health care;  (10)  (A) Healthcare institution means an agency, institution, facility, or place, whether publicly or privately owned or operated, that provides healthcare services, medical treatment, or nursing or rehabilitative care to a person.  (B) Healthcare institution includes without limitation:  (i) An ambulatory surgical facility;  (ii) A birthing center;  (iii) A home health agency;  (iv) A hospital;  (v) An intermediate care facility for individuals with intellectual disabilities;  (vi) A mental health center;  (vii) An assisted living facility;  (viii) A nursing home;  (ix) An outpatient diagnostic center;  (x) A residential treatment facility;  (xi) A rehabilitation facility; and  (xii) A hospice;      (11) Healthcare provider means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;  (12) Individual instruction means an individual's direction concerning a healthcare decision for the individual;  (13)  (A) Living will means a written advance directive describing the principal's individual instructions for health care to be provided or withheld if the principal subsequently lacks decision-making capacity.  (B) Living will includes without limitation a declaration executed under  20-17-202;    (14) Medical care means the diagnosis, cure, mitigation, treatment, or prevention of disease for the purpose of affecting any structure or function of the body;  (15) Person means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity;  (16) Person authorized to consent on the principal's behalf means:  (A) A person authorized by law to consent on behalf of the principal when the principal is incapable of making an informed decision; or  (B) In the case of a minor child, the parent or parents having custody of the child, the child's legal guardian, or another person as otherwise provided by law;    (17) Personally inform means to communicate by any effective means from the principal directly to a healthcare provider;  (18) Physician means an individual authorized to practice medicine or osteopathy in this state;  (19) Principal means an individual who grants authority to another individual under this subchapter;  (20) Qualified emergency medical service personnel includes without limitation emergency medical technicians, paramedics, or other emergency services personnel, providers, or entities acting within the usual course of their professions, and other emergency responders;  (21) Reasonably available means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the principal's healthcare needs, including without limitation availability by telephone;  (22) State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States;  (23) Supervising healthcare provider means a licensed physician or other authorized independent healthcare provider who has undertaken primary responsibility for an individual's health care;  (24) Surrogate means an individual, other than a principal's agent or guardian, authorized under this subchapter to make a healthcare decision for the principal; and  (25) Treating healthcare provider means a healthcare provider who is directly or indirectly involved in providing health care to the principal.  
 (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.  
 (a) A principal having capacity may revoke all or part of an advance directive, including without limitation a living will, durable power of attorney for health care, or other document, at any time and in any manner that communicates an intent to revoke.  (b) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in an advance directive.  (c) An advance directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.  (d) A healthcare provider, agent, guardian, or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising healthcare provider and any healthcare institution at which the patient is receiving care.  
 (a)  (1) An adult, married minor, or emancipated minor may designate an individual to act as surrogate by personally informing the supervising healthcare provider.  (2) The designation may be oral or written.    (b) A surrogate may make a healthcare decision for a principal who is an adult or emancipated minor only if:  (1) The principal has been determined by a licensed physician to lack capacity; and  (2) An agent or guardian has not been appointed or the agent or guardian is not reasonably available.    (c)  (1) The supervising healthcare provider shall identify a surrogate for the principal and document the appointment in the clinical record of the institution or institutions at which the principal is receiving health care if the principal:  (A) Lacks capacity;  (B) Has not appointed an agent or the agent is not reasonably available;  (C) Has not designated a surrogate or the surrogate is not reasonably available; and  (D) Does not have a guardian or the guardian is not reasonably available.    (2)  (A) The principal's surrogate shall be an adult who:  (i) Has exhibited special care and concern for the principal;  (ii) Is familiar with the principal's personal values;  (iii) Is reasonably available; and  (iv) Is willing to serve.    (B) A person who is the subject of a protective order or other court order that directs that person to avoid contact with the principal is not eligible to serve as the principal's surrogate.    (3) In identifying the person best qualified to serve as the surrogate for the principal, the supervising healthcare provider:  (A) Shall consider the proposed surrogate's:  (i) Ability to make decisions either in accordance with the known wishes of the principal or in accordance with the principal's best interests;  (ii) Frequency of contact with the principal before and during the incapacitating illness; and  (iii) Demonstrated care and concern; and    (B) May consider the proposed surrogate's:  (i) Availability to visit the principal during his or her illness; and  (ii) Availability to fully participate in the decision-making process.      (4) When identifying the person best qualified to serve as the surrogate for the principal, the supervising healthcare provider may proceed in order of descending preference for service as a surrogate to:  (A) The principal's spouse, unless legally separated;  (B) The principal's adult child;  (C) The principal's parent;  (D) The principal's adult sibling;  (E) Any other adult relative of the principal; or  (F) Any other adult person who satisfies the requirements of subdivision (c)(2) of this section.    (5) If none of the individuals eligible to act as a surrogate under this subsection are reasonably available and informed consent would typically be sought from the principal, the supervising healthcare provider may make healthcare decisions for the principal after the supervising healthcare provider:  (A) Consults with and obtains the recommendations of an institution's ethics officers or ethics committee; or  (B) Obtains concurrence from a second physician who is:  (i) Not directly involved in the principal's health care;  (ii) Does not serve in a capacity of decision making, influence, or responsibility over the designated physician; and  (iii) Does not serve in a capacity under the authority of the designated physician's decision making, influence, or responsibility.      (6)  (A) In the event of a challenge to the identification of the surrogate or the authority of the surrogate to act, it is a rebuttable presumption that the selection of the surrogate was valid.  (B) A person who challenges the selection of the surrogate has the burden of proving the invalidity of that selection by a preponderance of the evidence.      (d)  (1) Except as provided in subdivision (d)(2) of this section:  (A) Neither the treating healthcare provider nor an employee of the treating healthcare provider, nor an operator of a healthcare institution, nor an employee of an operator of a healthcare institution may be designated as a surrogate; and  (B) A healthcare provider or employee of a healthcare provider may not act as a surrogate if the healthcare provider becomes the principal's treating healthcare provider.    (2) An employee of the treating healthcare provider or an employee of an operator of a healthcare institution may be designated as a surrogate if:  (A) The employee so designated is a relative of the principal by blood, marriage, or adoption; and  (B) The other requirements of this section are satisfied.      (e) A healthcare provider may require an individual claiming the right to act as surrogate for a principal to provide a written declaration under penalty of perjury stating facts and circumstances reasonably sufficient to establish the claimed authority.  
 (a)  (1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.  (2)  (A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.  (B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.      (b) A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if:  (1) The action is authorized by the a living will or other written advance directive; or  (2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that:  (A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and  (B) The principal is highly unlikely to regain capacity to make medical decisions.      (c) A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval.  
 (a) Absent a court order to the contrary, a guardian shall comply with the principal's individual instructions and shall not revoke the principal's advance directive.  (b) Except as provided in  28-65-102, a healthcare decision made by a guardian for the principal is effective without judicial approval.  
 If a licensed physician makes a determination or is informed of a determination that a principal lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent, guardian, or surrogate, the licensed physician shall:   (1) Record promptly the determination in the principal's current clinical record; and  (2) Communicate the determination to the principal, if possible, and to any person authorized to make healthcare decisions for the principal.  
 (a) Except as provided in subsections (b)-(d) of this section, a healthcare provider or institution providing care to a principal shall comply with:  (1) An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to make healthcare decisions for the principal; and  (2) A healthcare decision for the principal made by a person authorized to make healthcare decisions for the principal to the same extent as if the decision had been made by the principal while having capacity.    (b) A healthcare provider may decline to comply with an individual instruction or healthcare decision for reasons of conscience.  (c) A healthcare institution may decline to comply with an individual instruction or healthcare decision if the instruction or decision:  (1) Is contrary to a policy of the institution that is based on reasons of conscience; and  (2) The policy was timely communicated to the principal or to a person authorized to make healthcare decisions for the principal.    (d) A healthcare provider or institution may decline to comply with an individual instruction or healthcare decision that requires medically inappropriate health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or institution.  (e) A healthcare provider or institution that declines to comply with an individual instruction or healthcare decision under subsection (b), subsection (c), or subsection (d) of this section shall:  (1) Inform promptly the principal, if possible, or a person authorized to make healthcare decisions for the principal;  (2) Provide continuing care to the principal until a transfer can be effected or until a determination has been made that a transfer cannot be effected; and  (3)  (A) Unless the principal or person authorized to make healthcare decisions for the principal refuses assistance, immediately make all reasonable efforts to assist in the transfer of the principal to another healthcare provider or healthcare institution that is willing to comply with the instruction or decision.  (B) If a transfer cannot be effected, the healthcare provider or institution shall not be compelled to comply.      
 Unless otherwise specified in an advance directive, a person authorized to make healthcare decisions for a principal has the same rights as the principal to request, receive, examine, copy, and consent to the disclosure of medical or any other healthcare information. 
 (a) A healthcare provider or healthcare institution acting in good faith and in accordance with generally accepted healthcare standards applicable to the healthcare provider or healthcare institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:  (1) Complying with a healthcare decision of a person apparently having authority to make a healthcare decision for a principal, including a decision to withhold or withdraw health care;  (2) Declining to comply with a healthcare decision of a person based on a reasonable belief that the person then lacked authority; or  (3) Complying with an advance directive that, to the knowledge of the healthcare provider or healthcare institution, was valid when made and has not been revoked or terminated.    (b) An individual acting as agent or surrogate under this subchapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for healthcare decisions made in good faith.  (c) A person who designates a surrogate under this subchapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for a designation made in good faith.  
 (a) This subchapter does not affect the right of an individual to make healthcare decisions while having capacity to do so.  (b) An individual is presumed to have capacity to make a healthcare decision, to give or revoke an advance directive, and to designate or disqualify a surrogate.  
 A copy of a written advance directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original. 
 (a) This subchapter does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive.  (b) Notwithstanding any term of an insurance policy or annuity to the contrary, a death resulting from the withholding or withdrawal of health care in accordance with this subchapter does not constitute a suicide or homicide or legally impair or invalidate an insurance policy or an annuity providing a death benefit.  (c) The withholding or withdrawal of medical care from a principal in accordance with this subchapter does not constitute a suicide, euthanasia, homicide, mercy killing, or assisted suicide.  
 (a) A court of competent jurisdiction may enjoin or direct a healthcare decision or order other equitable relief on a petition of:  (1) A principal;  (2) A principal's agent, guardian, or surrogate;  (3) A healthcare provider or healthcare institution involved with the principal's care; or  (4) An individual described in  20-6-106(b).    (b) A proceeding under this section shall be expedited on the court's civil dockets.  
 (a) If a living will entered into before October 1, 2013, was valid at the time of execution, it remains valid.  (b) A living will entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid.  (c) A living will entered into on or after October 1, 2013, that does not evidence an intent that it is entered into under this subchapter may be given effect as an individual instruction if it complies with this subchapter.  
 (a) If a durable power of attorney for health care entered into before October 1, 2013, was valid at the time of execution, it remains valid.  (b) A durable power of attorney for health care entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid.  (c) A durable power of attorney for health care entered into on or after October 1, 2013, that does not evidence an intent that it is entered into under this subchapter may be given effect as an advance directive under this subchapter if it complies with this subchapter.  
 This subchapter shall be known and may be cited as the Patient Right-to-Know Act. 
 (a) The General Assembly finds that:  (1) Patients are entitled to continuity of care with their healthcare providers;  (2) Healthcare providers are prohibited legally and ethically from abandoning a patient before treatment has been concluded;  (3) When a healthcare provider changes practice locations, steps are necessary to ensure that the patient's continuity of care and the legal and ethical obligations of the healthcare provider are fulfilled; and  (4) Patients should be informed about any change in the practice location of their treating healthcare provider and should not be prevented from receiving this type of information.    (b) The purpose of this subchapter is to remove and prevent impediments to patients' maintaining continuity of care and keeping their treatment relationship with their chosen healthcare provider.  
 As used in this subchapter:   (1)  (A) Entity means any person, organization, or business entity of any type that engages a healthcare provider as an employee, independent contractor, member, or in any other capacity for the practice of medicine as defined in  17-95-202.  (B) Entity does not include insurance companies, health maintenance organizations, or hospital and medical service corporations;    (2)  (A) Existing patient means a person who is seen for a medical diagnosis or treatment, or both, by a healthcare provider within the previous twelve (12) months as evidenced by an entry in the medical record of the patient.  (B) The twelve-month period described in subdivision (2)(A) of this section shall be calculated by counting back twelve (12) months from the later of the following dates:  (i) The date that the healthcare provider's relationship with the entity terminates; or  (ii) The date that the healthcare provider gave the entity notice of a new practice location; and      (3) Healthcare provider means a person who:  (A) Is licensed by:  (i) The Arkansas State Medical Board;  (ii) The Arkansas State Board of Dental Examiners;  (iii) The Arkansas State Board of Nursing;  (iv) The Arkansas State Board of Chiropractic Examiners;  (v) The Arkansas Board of Podiatric Medicine; or  (vi) The State Board of Optometry; and    (B) Has ultimate responsibility and legal liability for the care of the patient.    
 (a) If the healthcare provider has made new practice location information or new contact information available to the entity, an entity or person on behalf of an entity shall not:  (1) Mislead any patient about the new practice location of a healthcare provider or new contact information of a healthcare provider; or  (2) Fail to provide a patient with the new practice location of a healthcare provider or new contact information of a healthcare provider when requested.    (b)  (1) When requested by a healthcare provider who is relocating his or her practice, an entity with a relationship with the healthcare provider shall within twenty-one (21) calendar days:  (A) Provide the healthcare provider with a list of the healthcare provider's existing patient names and addresses;  (B) Send a notice with the new practice location information to all of the healthcare provider's existing patients after providing the healthcare provider a copy of the proposed notice for review and comment; or  (C)  (i) Post the new practice location information of the healthcare provider on the website of the entity after providing the healthcare provider a copy of the proposed posting for review and comment.  (ii) The posting shall remain on the website of the entity for twelve (12) months after the healthcare provider's last day of employment with the entity posting the information.      (2) Within two (2) business days of the request described in subdivision (b)(1) of this section, the entity shall provide the healthcare provider with a list or schedule of upcoming patient appointments with the healthcare provider and the contact information of the patients.    
 If patient abandonment or other medical injury occurs due to a violation by an entity of this subchapter, the violation shall be an affirmative defense for the physician in a claim brought by the injured patient who shall be entitled to bring a claim against the entity. 
 (a) An affected patient or healthcare provider may file an action seeking an injunction of a violation of this subchapter in the circuit court of:  (1) Pulaski County;  (2) The county in which the healthcare provider has his or her practice located;  (3) The county in which the affected patient resides; or  (4) The county in which the entity is located.    (b) Upon the filing of a complaint, the court may issue a temporary injunction on the violation without notice or bond.  (c) If the plaintiff patient or healthcare provider establishes that this subchapter has been violated, the court may enter an order permanently enjoining the violation of this subchapter or otherwise enforcing compliance with this subchapter.  (d) A prevailing plaintiff shall be entitled to:  (1) The greater of liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, or actual damages; and  (2) Reasonable attorney's fees and costs.    (e) A violation of this subchapter shall constitute an unfair and deceptive act or practice as defined under the Deceptive Trade Practices Act,  4-88-101 et seq.  
 (a) This subchapter:  (1) Applies to any express or implied contract, agreement, or understanding entered into, renewed, modified, or extended on or after March 30, 2017; and  (2) Does not amend or repeal any portion of the Medical Corporation Act,  4-29-301 et seq., or the Dental Corporation Act,  4-29-401 et seq.    (b) Any purported waiver of the benefits or requirements of this subchapter is void and against the public policy of this state.  
 This subchapter shall be known and may be cited as the Arkansas Physician Order for Life-Sustaining Treatment Act. 
 The General Assembly finds that:   (1) It is important for individuals to make healthcare decisions before a medical crisis or emergency occurs;  (2) Healthcare planning is a process, rather than a single decision, that helps individuals think about the type of care that they would want if they become seriously ill or incapacitated, and encourages individuals to talk with their loved ones and physicians regarding their healthcare decisions;  (3) An advance directive gives individuals the ability to put their wishes in writing and to identify another individual who would speak for them if they become unable to speak or make decisions for themselves;  (4) The physician order for life-sustaining treatment form complements an advance directive, if existing, by taking an individual's intentions regarding life-sustaining treatment, such as the intentions set forth in an advance directive, and converting the individual's intentions into a medical order;  (5) The hallmarks of a physician order for life-sustaining treatment form are that a physician order for life-sustaining treatment form:  (A) Is:  (i) Signed;  (ii) Immediately actionable as medical orders on a standardized form;  (iii) A conspicuous, clearly identifiable form; and  (iv) Recognized, adopted, and honored across treatment settings; and    (B) Addresses a range of life-sustaining treatment interventions as well as the patient's preferred intensity of treatment for each intervention; and    (6) The physician order for life-sustaining treatment form is used only for patients with a serious illness or medical frailty when a physician would not be surprised if the patient died within one (1) year.  
 As used in this subchapter:   (1)  (A) Healthcare facility means an institution, building, agency, or a portion of an institution, building, or agency that is used, operated, or designed to provide healthcare services, medical treatment, nursing care, rehabilitative care, or preventative care to an individual, regardless of whether the institution, building, or agency is a private organization, a public organization, a nonprofit organization, or a for-profit organization.  (B) Healthcare facility includes without limitation:  (i) An ambulatory surgical facility;  (ii) A home health agency;  (iii) A hospice;  (iv) A hospital;  (v) An infirmary;  (vi) A long-term care facility;  (vii) An assisted living facility;  (viii) A mental health center;  (ix) An outpatient facility;  (x) A rehabilitation facility; and  (xi) A residential treatment facility;      (2) Healthcare provider means an individual who is licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or in the practice of a profession, including without limitation:  (A) An emergency medical care provider; and  (B) An individual providing home and community-based services;    (3) Legal representative means the same as a person authorized to consent on the principal's behalf under  20-6-102;  (4) Patient means an individual who has a critical medical condition or a terminal illness and for whom a physician has determined that a physician order for life-sustaining treatment is consistent with the individual's goals of care;  (5) Physician means an individual who is licensed to practice medicine or osteopathic medicine in this state; and  (6) Physician order for life-sustaining treatment means a document containing orders by a physician regarding life-sustaining treatment and medical interventions in accordance with the wishes of a patient, or if the wishes of the patient are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the best interest of the patient.  
 (a) The State Board of Health shall prescribe a standardized physician order for life-sustaining treatment form that:  (1) Is signed and dated by:  (A) The patient or the legal representative of the patient; and  (B) The physician of the patient;    (2) Includes:  (A) The name and date of birth of the patient; and  (B) The intentions of the patient regarding care, including without limitation the administration of cardiopulmonary resuscitation and the level of medical interventions in the event of a medical emergency; and    (3) Is easily distinguishable to facilitate recognition by healthcare providers and healthcare facilities.    (b) A legal representative may sign a physician order for life-sustaining treatment form on behalf of a patient who lacks capacity to do so, guided by:  (1) The express or implied intentions of the patient; or  (2) If the intentions of the patient are unknown and cannot be reasonably determined, the best interest of the patient given the overall medical condition and prognosis of the patient.    (c)  (1) The physician order for life-sustaining treatment form shall be completed by a physician based upon patient intentions and medical indications.  (2) During the process of completing the physician order for life-sustaining treatment form, the physician may:  (A) Explain:  (i) The physician order for life-sustaining treatment form; and  (ii) The medical interventions and procedures offered by the life-sustaining treatment form; and    (B) Inform the patient or the legal representative of the patient about the difference between an advance directive and the physician order for life-sustaining treatment form.      (d) This subchapter does not authorize a physician to unilaterally create a physician order for life-sustaining treatment on behalf of an individual.  
 (a) Except as provided in subsection (c) of this section, a healthcare provider and a healthcare facility shall treat a patient in accordance with the physician order for life-sustaining treatment form.  (b) A physician order for life-sustaining treatment form is valid in a healthcare facility, regardless of whether the physician who signed the life-sustaining treatment form has clinical privileges at the healthcare facility.  (c)  (1) A healthcare provider or healthcare facility is not required to comply with a physician order for life-sustaining treatment form if the physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to a healthcare provider or healthcare facility.  (2) A healthcare provider or healthcare facility may decline to comply with an executed physician order for life-sustaining treatment form based upon religious beliefs or moral convictions if the healthcare provider or healthcare facility:  (A) Promptly informs the patient or legal representative of the patient regarding the inability to carry out the physician order for life-sustaining treatment form;  (B) Provides continuing care to the patient until a transfer can be made or a determination has been made that the transfer cannot be made; and  (C)  (i) Makes all reasonable efforts to assist in the prompt transfer of the patient to another healthcare provider or healthcare facility that is willing to comply with the executed physician order for life-sustaining treatment form.  (ii) If a transfer cannot be made, the healthcare provider or healthcare facility shall not be compelled to comply with the physician order for life-sustaining treatment form.      (3) This section does not authorize a healthcare provider or healthcare facility to withhold life-sustaining treatment against the wishes of a patient or a legal representative.    
 (a)  (1) An executed physician order for life-sustaining treatment form may be reviewed periodically by the physician of the patient.  (2) The physician may:  (A) Conduct an evaluation of the patient; and  (B) In consultation with the patient or the legal representative of the patient, issue a new physician order for life-sustaining treatment form consistent with the most current information available about the health status and goals of care of the patient.      (b)  (1) The new physician order for life-sustaining treatment form shall be:  (A) Recorded on a new physician order for life-sustaining treatment form; and  (B) Signed in compliance with  20-6-304.    (2) Once a new physician order for life-sustaining treatment form has been executed, the previous physician order for life-sustaining treatment form shall be nullified.    (c) A patient with the capacity to make his or her own healthcare decisions may, at any time, request alternative treatment to the treatment that was ordered on the physician order for life-sustaining treatment form.  (d) The legal representative of the patient who does not have the capacity to make his or her own healthcare decisions shall consult with the physician who is the treating physician of the patient before making a request to modify the orders reflected in the physician order for life-sustaining treatment form of the patient.  
 (a)  (1) A physician order for life-sustaining treatment form is not intended to replace an advance directive.  (2) In executing a physician order for life-sustaining treatment form, a patient, the legal representative of the patient when applicable, and the physician shall make a good-faith effort to locate and incorporate treatment preferences documented in a previously executed advance directive, when appropriate and desired by the patient.    (b) In the event of a conflict with a physician order for life-sustaining treatment form and an advance directive, either:  (1) The document executed most recently by the patient shall take precedence regarding the medical decision or treatment preference at issue; or  (2) If both the advance directive and the physician order for life-sustaining treatment form were executed by the legal representative of the patient, the advance directive shall take precedence regarding the medical decision or treatment preference at issue.    (c) This section does not prohibit or require the execution, revocation, or modification of an advance directive.  
 A healthcare provider, healthcare facility, or employee or agent of the healthcare provider or healthcare facility is not subject to civil or criminal liability or discipline for unprofessional conduct for:   (1) Complying with a physician order for life-sustaining treatment form based upon a good-faith assumption that the physician order for life-sustaining treatment form was valid when executed and that the physician order for life-sustaining treatment form was not revoked or terminated;  (2) Failing to comply with a physician order for life-sustaining treatment form based upon a good faith determination that:  (A) The physician order for life-sustaining treatment form was not valid; or  (B) The physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or healthcare facility; or    (3) Declining to comply with an executed physician order for life-sustaining treatment form based upon religious beliefs or moral convictions if the healthcare provider or healthcare facility complies with the requirements of  20-6-305.  
 (a) The signing of a physician order for life-sustaining treatment form by a patient or legal representative of the patient is voluntary.  (b)  (1) A person or entity, including without limitation a healthcare provider, healthcare facility, employer, or health insurance carrier, shall not require an individual to execute a physician order for life-sustaining treatment form as a condition of being insured for, or receiving, healthcare services.  (2) If a healthcare provider or healthcare facility complies with subdivision (b)(1) of this section, the healthcare provider or healthcare facility may have a policy to offer a physician order for life-sustaining treatment form to appropriate individuals as part of a conversation about:  (A) Goals of care;  (B) Personal values and preferences;  (C) Benefits of various treatment options; and  (D) Avoidance of unwanted burden.      (c) This subchapter does not:  (1) Create a presumption concerning the intention of an individual who has not executed a physician order for life-sustaining treatment form with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition; or  (2) Affect the right of an individual to make decisions regarding the use of life-sustaining procedures as long as the individual has the capacity to make a decision.    
 (a) It is unlawful for a person to knowingly:  (1) Conceal, cancel, deface, obliterate, or damage a physician order for life-sustaining treatment form without the consent of the patient or the legal representative of the patient;  (2)  (A) Cause an individual to execute a physician order for life-sustaining treatment form by undue influence, fraud, or duress.  (B) As used in this section, undue influence includes without limitation:  (i) Charging a different rate or fee for insurance coverage or healthcare services based upon whether the individual consents to a physician order for life-sustaining treatment form or has executed a physician order for life-sustaining treatment form;  (ii) Requiring a healthcare provider to have an internal policy to offer a physician order for life-sustaining treatment form to any individual;  (iii) Providing any financial incentive, payment, discount, or rating incentive for having an internal policy or procedure relating to the completion of a physician order for life-sustaining treatment form as applied to a healthcare provider or healthcare facility; or  (iv) Imposing a rating or reimbursement penalty if a healthcare provider or healthcare facility fails to achieve a target for physician order for life-sustaining treatment form completions; or      (3) Falsify or forge a physician order for life-sustaining treatment form of another person that results in a direct change of health care provided to the patient.    (b) A person who violates this section is guilty of a Class D felony.  (c) This section does not prevent payment to a healthcare provider or healthcare facility for consultation with or counseling of a patient concerning a physician order for life-sustaining treatment form or for offering advance directive healthcare planning.  
 (a) A death that results from compliance with a physician order for life-sustaining treatment form does not constitute a suicide, homicide, or abuse, for any reason.  (b)  (1) The execution of a physician order for life-sustaining treatment form does not affect the sale, procurement, or issuance of a life insurance policy or annuity policy.  (2) A life insurance policy or annuity policy shall not be impaired or invalidated if emergency care or life-sustaining treatment is withheld from an insured individual who has executed a physician order for life-sustaining treatment form.    (c) This subchapter does not:  (1) Condone, authorize, or approve mercy killing, euthanasia, or physician-assisted suicide; or  (2) Permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.    
 A copy of an executed physician order for life-sustaining treatment form has the same effect as the original physician order for life-sustaining treatment form. 
 (a)  (1) Every firm, person, or corporation violating any of the provisions of this act or any of the orders or rules made and promulgated in pursuance hereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished 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 shall constitute a separate offense.    (b)  (1)  (A)  (i) Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation.  (ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.    (B) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.    (2) All fines collected under this subsection shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this section.  (3) Subject to such rules as 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 fines collected under this subsection, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  (4) All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.    
 (a) The State Board of Health shall consist of the following members, to be appointed by the Governor subject to confirmation by the Senate as follows:  (1)  (A) Seven (7) members of the board shall be licensed medical doctors of good professional standing, to be appointed by the Governor as follows:  (i) One (1) member shall be appointed from each of the four (4) congressional districts of this state as established by  7-2-101 et seq.; and  (ii) Three (3) members shall be appointed from the state at large by the Governor after consulting the Arkansas Medical Society, Inc.    (B) Notwithstanding the provisions of subdivision (a)(1)(A) of this section, at least one (1) of the positions allocated for licensed medical doctors shall be an osteopathic physician appointed by the Governor after consulting the Arkansas Osteopathic Medical Association from the state at large;    (2) One (1) member shall be a regularly licensed, registered, and practicing dentist who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting the Arkansas State Dental Association;  (3) One (1) member shall be a professional engineer as defined in  17-30-101 who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting The Arkansas Society of Professional Engineers;  (4) One (1) member shall be a regularly licensed professional nurse who has been a resident of the state for at least seven (7) years preceding the appointment and who has at least a bachelor's degree and five (5) years' nursing experience in the state. This member shall be appointed from a list by the Governor after consulting the Arkansas Nurses Association;  (5) One (1) member shall be a regularly licensed pharmacist who has been actively engaged in the practice of pharmacy for at least seven (7) years preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas Pharmacist's Association;  (6) One (1) member shall be a regularly licensed veterinarian who has been actively engaged in the practice of veterinary medicine for at least seven (7) years preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas Veterinary Medical Association;  (7) One (1) member shall be a registered sanitarian who has at least seven (7) years' experience in the practice of his or her profession preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas State Board of Sanitarians;  (8) One (1) member shall be a hospital administrator who has at least seven (7) years' experience in the practice of his or her profession in Arkansas. This member shall be appointed by the Governor after consulting the Arkansas Hospital Association, Inc.;  (9) One (1) member shall be a regularly licensed, registered, and practicing optometrist who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting the Arkansas Optometric Association, Inc.;  (10) One (1) member shall be a regularly licensed and practicing chiropractor. This member shall be appointed by the Governor after consulting the Arkansas Chiropractic Physicians Association;  (11) One (1) member shall be a restaurant operator who has owned or operated a restaurant for a minimum of five (5) years. This member shall be appointed by the Governor after consulting the Arkansas Hospitality Association, Inc.;  (12) One (1) member shall be a consumer representative who has an interest in public health. This member shall be appointed by the Governor from the state at large;  (13) One (1) member shall be more than sixty (60) years of age and represent the elderly. This person shall not be actively engaged in or retired from any occupation, profession, or industry to be regulated by the board. The member shall be appointed by the Governor from the state at large and be subject to confirmation by the Senate;  (14) One (1) member shall be a licensed doctor of podiatric medicine of good professional standing who has at least seven (7) years' experience in the practice of the profession in this state. The member shall be appointed by the Governor after consulting the Arkansas Podiatric Medical Association Inc.;  (15) One (1) member shall be a member of the Arkansas Public Health Association, Inc. The member shall be appointed by the Governor after consulting the Arkansas Public Health Association, Inc.;  (16) One (1) member shall be a licensed medical doctor of good professional standing who shall be appointed by the Governor from a rural county that contains a medically underserved population in the state; and  (17) One (1) member shall be the Secretary of the Department of Health.    (b) Each of the members of the board so appointed shall take the oath prescribed by the Arkansas Constitution for state officers and shall be commissioned by the Governor in the same manner as other state officials.  
 (a) The members of the State Board of Health shall elect one (1) of the members as president.  (b)  (1) The State Board of Health shall nominate to the Governor a Director of the Department of Health.  (2)  (A) The Governor shall appoint the director who shall serve at the pleasure of the Governor.  (B) The director shall report to the Secretary of the Department of Health.  (C) The Secretary of the Department of Health may serve as the Director of the Department of Health if the Governor determines all statutory requirements are fulfilled.    (3) The director may:  (A) Serve as the State Health Officer;  (B) Serve as the Secretary for the State Board of Health but shall not sit as a member of the State Board of Health; and  (C)  (i)  (a) Be a licensed medical doctor who is a graduate of a school of medicine recognized by the Arkansas State Medical Board;  (b) Hold a graduate degree in public health or a graduate degree in a recognized public health discipline from an accredited college or university or have equivalent knowledge and experience in public health as determined by the Secretary of the Department of Health; and  (c) Have experience in the practice of public health and in leadership and management, the sufficiency of which shall be determined by the Secretary of the Department of Health; or    (ii) Hold a doctoral degree in public health or a doctoral degree in a recognized public health discipline from an accredited college or university with at least five (5) years of experience in the practice of public health and at least ten (10) years of experience in the leadership and management of a large complex organization, the sufficiency of which shall be determined by the Secretary of the Department of Health.        
 All appointed members of the State Board of Health may receive expense reimbursement and stipends in accordance with  25-16-901 et seq. 
 (a)  (1) The State Board of Health shall meet at least one (1) time every three (3) months.  (2) Upon the call of the President of the State Board of Health or a majority of the members of the board, the board shall meet at such other times as may be necessary in the interest of public health.    (b)  (1) The board may adopt bylaws regulating the transaction of its business and provide within the bylaws for the appointment of committees to which the board may delegate authority and power for all duties committed to the board, but under the direction and subject to the control of the board.  (2) The board may also adopt and use an official seal.    (c) A majority of the members of the board shall constitute a quorum for the transaction of business and for the performance of such duties as the board may prescribe.  
 The office of the State Board of Health shall be located in Little Rock, and the board shall be furnished with all necessary equipment and supplies, including laboratory supplies, books, stationery, blanks, furniture, etc., as are provided other officers of the state and as are necessary for carrying on the work of the board, and the office is to be provided in a suitable building to be designated by the Secretary of the Department of Health. 
 The Secretary of the Department of Health may appoint and employ an assistant director who shall be knowledgeable in the field of public health and whose duty it shall be to assist the secretary in the general supervision of the affairs of his or her office and in the enforcement of quarantine and sanitation throughout the state. 
 The Department of Health may engage suitable persons to render sanitary service, to make or supervise practical and scientific investigations and examinations requiring expert skill, and to prepare plans and to report relative to sanitary service. 
 (a)  (1) Power is conferred on the State Board of Health to make all necessary and reasonable rules of a general nature for:  (A) The protection of the public health and safety;  (B) The general amelioration of the sanitary and hygienic conditions within the state;  (C) The suppression and prevention of infectious, contagious, and communicable diseases;  (D) The proper enforcement of quarantine, isolation, and control of such diseases; and  (E) The proper control of chemical exposures that may result in adverse health effects to the public.    (2) All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.    (b) However, if a patient can be treated with reasonable safety to the public health, he or she shall not be removed from his or her home without his or her consent, or the consent of the parents or guardian in the case of a minor, and the rules, when made, shall be printed in pamphlet form, with such numbers of copies as may be necessary for the distribution of the information to health bodies, health and sanitary officers, and the public generally.  (c) The board shall not regulate the practice of medicine or healing nor interfere with the right of any citizen to employ the practitioner of his or her choice.  
 (a)  (1) The State Board of Health has general supervision and control of all matters pertaining to the health of the citizens of this state.  (2) The board shall make a study of the causes and prevention of infectious, contagious, and communicable diseases, and, except as otherwise provided in this act, the board shall have direction and control of all matters of quarantine rules and enforcement. The board shall have full power and authority to prevent the entrance of such diseases from points outside the state.  (3) The board shall also have direction and control over all sanitary and quarantine measures for dealing with all infectious, contagious, and communicable diseases within the state and direction and control to suppress them and prevent their spread.    (b) Whenever the health of the citizens of this state is threatened by the prevalence of any epidemic or contagious disease in this or any adjoining state and, in the judgment of the Governor, the public safety demands action on the part of the board, then the Governor shall call the attention of the board to the facts and order it to take such action as the public safety of the citizens demands to prevent the spread of the epidemic or contagious disease.  
 (a) The State of Arkansas does accept the benefits of any acts now passed or hereafter to be passed by the United States Congress to provide for cooperation with the states in the protection of mothers and infants and promotion of a public health program.  (b)  (1) The State Board of Health is designated as the board for the purpose of carrying into effect the provisions of the federal acts and this section and shall have all necessary authority to cooperate with the federal authorities administering the acts of the United States Congress.  (2) The board shall administer any legislation pursuant thereto enacted by the State of Arkansas under this section for promotion of a health program.    (c)  (1) The Secretary of the Department of Health shall act as executive officer for the purpose of administering the federal acts and this section.  (2) The secretary shall carry into effect such rules and regulations as the federal authorities and the board may adopt pursuant to the federal acts and this section.    (d) The Treasurer of State is designated and appointed custodian of all moneys received by the state from the appropriation made by the United States Congress, and he or she may receive and provide for the proper custody of the moneys and make disbursements in the manner provided by law and for the purpose specified in this section.  (e) The allocation of funds under this section shall be made to the respective counties in consecutive order as they make application and qualify for the funds.  (f)  (1) Any person, firm, or corporation violating any of the provisions of this section upon conviction shall be guilty of a violation and shall be fined not more than five hundred dollars ($500) at the discretion of the court.  (2) Each day that the violation is committed shall constitute a separate offense.    
 (a) It is made the duty of all officers and agents who have the control, charge, or custody of any public structure, work, grounds, or erection, or of any plan, description, outlines, drawings, or charts thereof or relating thereto, made, kept, or controlled under any public authority, to permit and facilitate the examination and inspection and the making of copies of these items by any officer or person authorized by the State Board of Health.  (b) The members of the board and such other officers or persons as may at any time be authorized by the board, without fee or hindrance, to enter, examine, and survey all grounds, erections, vehicles, structures, apartments, buildings, and plans when the public health may be promoted or in any way preserved.  
 (a)  (1) At any time, the Governor may require the State Board of Health to examine nuisances or questions affecting the security of life and health in any locality in the state, and in such cases the State Board of Health shall have all the necessary powers to make those examinations. The State Board of Health shall report the results to the Governor within the limits of time which he or she shall prescribe for the examination and report to be prepared and submitted.  (2) At any time, whether an investigation is at the request of the State Board of Health, or whenever the Governor shall have directed an examination and report to be made by the State Board of Health into any alleged nuisance, any board of health of any city of the state may appoint and select any one (1) of its officers as its representative during the examination of any nuisance. This representative officer shall have a seat at and be entitled to take part in all the deliberations of the State Board of Health during the investigation but without the right to vote.    (b) When approved by the Governor, the report of the examination shall be filed in the office of the Secretary of State, and the Governor, in relation to the matters or things found and certified by the State Board of Health to be a nuisance, may declare them to be public nuisances and order them to be changed as he or she shall direct, or be abated and removed.  (c) Any violation of an order shall be held and punished as a misdemeanor, and thereafter the Governor, by his or her order in writing which is certified under his or her official seal and directed to the officers of the county in which the nuisance shall be situated, may require the prosecuting attorney, the sheriff, and the other officers of every county to take all necessary measures to execute the order of the Governor and to have it obeyed.  
 (a)  (1) The State Board of Health shall establish, equip, and maintain a public health laboratory that shall be used for making:  (A) Analyses of foods and drugs to enforce pure food and drug laws;  (B) Analyses of the environment to investigate cases or suspected cases of human exposure; and  (C) Investigations of cases and suspected cases of malaria, diphtheria, typhoid fever, tuberculosis, epidemic cerebrospinal meningitis, glanders, hookworm disease, rabies, and other infectious, contagious, communicable, and debilitating diseases.    (2) The public health laboratory shall be established and maintained at the Department of Health under the direct supervision of the Secretary of the Department of Health or his or her authorized representatives.    (b)  (1) The department may establish fees to be charged for performing analyses of various types of samples submitted to the public health laboratory for examination.  (2) All fees levied and collected under this subsection are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.    (c) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the laboratory services that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  
 (a)  (1) The State Board of Health shall prepare the necessary methods and forms and prescribe the rules regulating the issue and use of transfer permits, with the proper coupons attached thereto, to be issued by local organized boards of health or health officers, for the transportation of the dead bodies of persons which are to be transported for burial beyond the limits of the counties where the death occurred.  (2) In all cases, the State Board of Health shall require the coupons to be attached to the permits, to be detached and preserved by every common carrier or the person in charge of any vessel, railroad train, or vehicle to whom the dead bodies shall be delivered for transportation.    (b) Any violation of these rules shall be a misdemeanor.  
 (a) There is created within the Department of Health a State Hospice Office to be administered in a division of the department to be designated by the Secretary of the Department of Health.  (b)  (1) The office shall:  (A) Coordinate the care of terminally ill persons with all existing agencies, programs, and facilities;  (B) Implement rules, regulations, and standards for hospice care in general agreement with guidelines of the National Hospice and Palliative Care Organization and the Hospice and Palliative Care Association of Arkansas, Inc. and in compliance with the Centers for Medicare & Medicaid Services;  (C) Provide technical assistance and information to developing hospices;  (D) Maintain a central storehouse of information and reference materials relating to the hospice concept and disseminate this to programs and individuals on request in an equitable manner and accept and respond to inquiries relating to hospice; and  (E) Assist the Arkansas State Hospice Association in developing the hospice concept in this state and networking hospice programs with existing medical communities and human service facilities.    (2) All functions and duties of the office shall be carried out in accordance with the laws of Arkansas and the rules of the Health Services Permit Agency, the Health Services Permit Commission, and the Centers for Medicare & Medicaid Services.    (c)  (1) The rules and requirements of the Health Services Permit Agency and the commission shall be revised to include separate permit-of-approval categories of healthcare facilities entitled hospice facilities and hospice agencies and to develop criteria for granting the permits of approval for hospice facilities and for hospice agencies for which applications shall be filed in accordance with the criteria.  (2) A hospice facility or hospice agency shall not convert its licensure to any other license.    (d) As used in this section, hospice or hospice program means an autonomous, centrally administered, medically directed, coordinated program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and the patient's family, and which employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses which are experienced during the final stages of illness and during dying and bereavement. The care shall be available twenty-four (24) hours a day, seven (7) days a week, and provided on the basis of need, regardless of ability to pay.  (e) The licensure fee for a hospice shall be an annual fee of five hundred dollars ($500).  
 (a) There shall be an annual conference of county health officers and city health officers of this state, meeting at such time and place as the State Board of Health designates. The President of the State Board of Health or some member of the board shall preside at the conference.  (b) Each of the several counties, towns, and cities may provide for and pay the necessary expenses of its county health officer or city health officer for attendance at the conference.  
 (a) When application is made and upon the payment of the fees provided in this section, the Department of Health may prepare and furnish to the applicant either a suitable metal tag commonly referred to as dog tag or an identification bracelet which may be inscribed with, in addition to the name and address of the person, the birth date, blood type, and any other pertinent medical information that might be needed in case of an accident or emergency with respect to the person.  (b) The department shall charge a fee of fifty cents (50) for each metal tag or dog tag and a fee of one dollar ($1.00) for each identification bracelet containing the information authorized in this section.  (c) All fees collected under this section shall be deposited into the State Treasury as special revenues, and the Treasurer of State shall credit them, after deducting from them the collection charge authorized by law, to the Public Health Fund to be used to defray the cost of this section and for the maintenance and operation of the department.  
 (a) No official, agent, or representative of the Department of Health shall have any right under this section to enter any home over the objection of the owner of the home or to take charge of any child over the objection of either or both parents or of the person standing in loco parentis or having custody of the child.  (b) Nothing in this section shall be construed as limiting the power of a parent or guardian or person standing in loco parentis to determine what treatment or correction shall be provided for a child or the agencies to be employed for these purposes.  
 (a) It shall be the duty of the State Board of Health to make an annual written report through the Secretary of the Department of Health to the Governor on or before January 1 of each year.  (b) The report shall include:  (1) A financial statement covering the expenditures of all funds appropriated for the board's purposes;  (2) So much of the proceedings of the board and information concerning vital and mortuary statistics, knowledge respecting diseases, and instructions on the subject of sanitation and hygiene which may be thought useful by the board for dissemination among the people; and  (3) Such suggestions as to legislative action as the board deems necessary.    
 The State Board of Health may publish for general distribution such reports and other matter as it may deem useful in promoting the interest of the public health of this state. 
 (a) All revenue derived from fees collected pursuant to this section shall be deposited as special revenues into the State Treasury, where they shall be credited to the Public Health Fund.  (b) These fees are as follows:  (1) All fees prescribed in the Vital Statistics Act,  20-18-101 et seq., which are as follows:  (A) A fee of fifteen dollars ($15.00) collected by the State Registrar of Vital Records for the filing of a delayed certificate of birth;  (B) A fee of fifteen dollars ($15.00) collected by the state registrar for the filing of a delayed certificate of death or marriage;  (C) A fee of fifteen dollars ($15.00) collected by the state registrar for issuing a new certificate of birth for a person who has been legitimated, or whose paternity has been determined, or whose name has been changed;  (D)  (i) A fee of one dollar ($1.00) collected by the clerks of the county courts upon the application of any person for marriage.  (ii) This fee is in addition to any other fees;    (E)  (i) Except as provided in subdivision (b)(1)(E)(ii) of this section, a fee of fifteen dollars ($15.00) collected by the state registrar for the amendment of any record.  (ii) For a hospital that requests an amendment of a record, a fee of two dollars ($2.00);    (F) A fee of five dollars ($5.00) collected by the state registrar for the making and certification of any certificate or record other than a death certificate;  (G) A fee of:  (i) Four dollars ($4.00) collected by the state registrar for the making and certification of a single copy of a death certificate; and  (ii) One dollar ($1.00) collected for the making and certification of each additional copy of a death certificate;    (H)  (i) A fee of:  (a) Five dollars ($5.00) collected by the state registrar for an examination and search of the files for any birth, marriage, divorce, or putative father record; and  (b) Four dollars ($4.00) for an examination and search of the files for a death record.    (ii) The fees set out in this subdivision (b)(1)(H) shall be paid before searching the record; and    (I) A fee of five dollars ($5.00) collected by the state registrar for establishing a new certificate of birth under  20-18-406;    (2)  (A) A fee to be collected for the review of plans and specifications covering improvements that by law or rule are required to be reviewed by the State Board of Health or Department of Health, including without limitation plans and specifications covering waterworks, sewage works, swimming pools, hospitals and related facilities, food service and food processing establishments, and plumbing in public facilities.  (B) The fee imposed under subdivision (b)(2)(A) of this section shall be one percent (1%) of the estimated cost, with a maximum fee of five hundred dollars ($500) and a minimum fee of fifty dollars ($50.00), calculated and paid on the basis of the engineering estimate of the total cost of the particular improvement, which estimate is to be submitted with the plans and specifications for review.  (C) If the maximum fee of five hundred dollars ($500) is paid, no engineering estimate of the total cost need be submitted with the plans and specifications; and    (3) A fee of fifty dollars ($50.00) to be collected by the board or the department for each cemetery inspection as required by law or rule.    
 All fees collected by the Department of Health for food-related establishment permits, septic tank permits, and milk permits shall be deposited into the State Treasury to the credit of the Public Health Fund and shall be for the use of the Division of Environmental Health Protection of the Department of Health. 
 All salaries and other expenses provided for by this act which are not required to be paid by counties, cities, and incorporated towns shall be paid out of the Public Health Fund. 
 (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.  
 (a)  (1) The State Board of Health may assess a fee for the maintenance of breath-testing instruments by law enforcement agencies for purposes contained in the Omnibus DWI or BWI Act,  5-65-101 et seq., and  5-65-201 et seq.  (2) The fees collected shall be used for the support of the maintenance program as appropriated by law.  (3) This subsection does not exclude manufacturer-approved repair services.    (b) The fee imposed shall not exceed the cost of maintenance by the Department of Health.  (c)  (1) Funds derived from the fees levied under this section are special revenues and shall be collected by the department and deposited into the State Treasury, where they shall be credited to the Public Health Fund.  (2) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officers for the department may transfer all unexpended funds relative to the blood alcohol instrument maintenance program funds outlined in this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for the expenditures for the same purpose for any following year.    
 (a)  (1) The Department of Health may implement a reimbursement system to recover part or all of the costs of delivering services.  (2) For the purpose of vaccine and vaccine administration reimbursement, if a private healthcare insurer declines or does not respond to a request to contract with the department within ninety (90) days of the request to contract, the private healthcare insurer shall reimburse the department at the rate paid to an in-network provider.    (b) The system shall provide that fees shall be collected only from those patients who are financially able to pay the fee and that no one shall be denied services because of inability to pay.  (c)  (1) Funds derived from the fees shall be used exclusively for the purchase of medical supplies or services necessary to enable the department to continue to provide essential health care.  (2) The department may transfer six hundred thousand dollars ($600,000) in any fiscal year to the State Health Department Building and Local Grant Trust Fund for the purposes established by  20-7-204.    (d)  (1) Funds collected by the department under this section shall be deposited into the State Treasury. These funds shall be credited to the Public Health Fund to be used exclusively for support of medical supplies or services.  (2) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, all unexpended funds that pertain to fees collected shall be carried forward and made available for expenditure for the same purposes for any following fiscal year.    
 (a) The purpose of this section is to more equitably allocate the costs between the state and responsible parties when unforeseen circumstances arise as a result of accidents and other man-made causes which require assistance from the Department of Health. The authority to recover these expenses would enable the department to replace funds budgeted for routine activities which were spent for a department response to nonroutine, unplanned circumstances creating the potential for adverse health effects such as transportation accidents involving food and drugs, environmental contamination, and food product contamination.  (b)  (1) The State Board of Health may promulgate rules necessary to carry out the intent and purpose of this section.  (2) In adopting these rules, the board shall define the circumstances under which recovery should be pursued and the method to determine the amount of each recovery, which shall be based on costs.    (c) The department may recover from the responsible party or parties actual costs incurred in participation during extraordinary, time-consuming operations such as damage assessment, sampling, monitoring, health studies, and product evaluations which arise from unforeseen circumstances.  (d) All moneys levied and collected under this section are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.  (e) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the recovery of expenditures program that pertain to moneys collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  
 (a) The mayor or county judge of any city or county that is providing facilities for a local unit of the Department of Health shall be consulted before the hiring of or the removal of the administrator of the local unit.  (b) Notwithstanding the Freedom of Information Act of 1967,  25-19-101 et seq., the department with the consent of the employee may share personnel information with a mayor or county judge.  (c) Furthermore, any employee removed as administrator of a local unit shall be allowed to participate in the state grievance process.  
 (a) The Department of Health shall develop guidelines for the cleanup of former clandestine methamphetamine drug labs.  (b) The guidelines shall be made available on the department's website and shall be available to law enforcement officials and the public upon request.  (c) The guidelines shall be reviewed and updated annually.  
 (a) There is created a Child Health Advisory Committee to consist of twenty (20) members.  (b)  (1) The Secretary of the Department of Health shall appoint:  (A) One (1) member to represent the Department of Health;  (B) One (1) member to represent the Arkansas Academy of Nutrition and Dietetics;  (C) One (1) member to represent the American Academy of Pediatrics, Arkansas Chapter;  (D) One (1) member to represent the Arkansas Academy of Family Physicians;  (E) One (1) member to represent the Arkansas Association for Health, Physical Education, Recreation and Dance;  (F) One (1) member to represent jointly the American Heart Association, the American Cancer Society, and the American Lung Association;  (G) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences;  (H) One (1) member to represent the Arkansas Center for Health Improvement;  (I) One (1) member to represent the Arkansas Advocates for Children and Families;  (J) One (1) member to represent the University of Arkansas Cooperative Extension Service; and  (K) One (1) member to represent the Office of Minority Health and Health Disparities of the Department of Health.    (2) The Commissioner of Elementary and Secondary Education shall appoint:  (A) One (1) member to represent the Division of Elementary and Secondary Education;  (B) One (1) member to represent the Arkansas School Nutrition Association;  (C) One (1) member to represent the Arkansas School Nurses Association;  (D) One (1) member to represent the Arkansas Association of Educational Administrators;  (E) One (1) member to represent the Arkansas Parent Teacher Association;  (F) One (1) member to represent the Arkansas School Boards Association;  (G) One (1) member to represent the Arkansas Association of School Business Officials;  (H) One (1) member to represent the Arkansas Association for Supervision and Curriculum Development; and  (I) One (1) member who is a classroom teacher.      (c) Terms of committee members shall be three (3) years except for the initial members, whose terms shall be determined by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year.  (d) If a vacancy occurs, the officer who made the original appointment shall appoint a person who represents the same constituency as the member being replaced.  (e) The committee shall elect one (1) of its members to act as chair for a term of one (1) year.  (f) A majority of the members shall constitute a quorum for the transaction of business.  (g) The committee shall meet at least monthly.  (h) The Department of Health shall provide office space and staff for the committee.  (i) Members of the committee shall serve without pay but may receive expense reimbursement in accordance with  25-16-902 if funds are available.  
 (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 is in existence 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.  
 (a) After having consulted the Child Health Advisory Committee and the State Board of Health, the State Board of Education shall promulgate appropriate rules to ensure that nutrition and physical activity standards and body mass index for age assessment protocols are implemented to provide students with the skills, opportunities, and encouragement to adopt healthy lifestyles.  (b) The Department of Health in consultation with the Division of Elementary and Secondary Education shall:  (1) Employ one (1) qualified community health promotion professional with training or experience, or both, in nutrition, chronic disease, or another related field to be housed within the department to plan, develop, implement, and evaluate pilot or model programs to support schools and communities if funds are available;  (2) Employ one (1) statewide health promotion consultant to be housed within the division if funds are available;  (3) Employ one (1) person as a community health promotion specialist to support implementation of pilot or model programs in schools and communities in nutrition and physical activity in several distinct geographical areas of the state if funds are available;  (4) Assign all community health nurses under its supervision to work with schools to assure that body mass index for age assessment protocols are followed by school employees or their designees who conduct body mass index for age assessments and other student health screenings; and  (5) Not use more than five percent (5%) of the annual Department of Health Master Settlement Agreement funds for the salaries or programs created under this subsection.    (c) Every school district shall:  (1) Prohibit for elementary school students in-school access to vending machines offering food and beverages;  (2) Require schools to include as part of the annual report to parents and the community the amounts and specific sources of funds received and expenditures made from competitive food and beverage contracts;  (3) Beginning with kindergarten and then in even-numbered grades, require schools to include as a part of a student health report to parents a body mass index percentile by age for each student; and  (4)  (A) Permit any parent to refuse to have his or her child's body mass index percentile for age assessed and reported, by providing a written refusal to the school.  (B) Students in grades eleven (11) and twelve (12) are exempt from any policy or requirement of a public school or the state for measuring or reporting body mass index.      (d) The division shall:  (1) Begin the implementation of standards developed by the Child Health Advisory Committee and approved by the division; and  (2) Annually monitor and evaluate the implementation and effectiveness of the nutrition and physical education standards.    (e) Every school district shall:  (1) Convene a school nutrition and physical activity advisory committee that shall include members from school district governing boards, school administrators, food service personnel, teacher organizations, parents, students, and professional groups such as nurses and community members to:  (A) Help raise awareness of the importance of nutrition and physical activity; and  (B) Assist in the development of local policies that address issues and goals, including but not limited to the following:  (i) Assisting with the implementation of nutrition and physical activity standards developed by the school nutrition and physical activity advisory committee with the approval of the division and the State Board of Health;  (ii) Integrating nutrition and physical activity into the overall curriculum;  (iii) Ensuring that professional development for staff includes nutrition and physical activity issues;  (iv) Ensuring that students receive nutrition education and engage in healthful levels of vigorous physical activity;  (v) Improving the quality of physical education curricula and increasing training of physical education teachers;  (vi) Enforcing existing physical education requirements; and  (vii) Pursuing contracts that both encourage healthy eating by students and reduce school dependence on profits from the sale of foods of minimal nutritional value;      (2) Begin the implementation of standards developed by the Child Health Advisory Committee with the approval of the division and the State Board of Health; and  (3) Require that goals and objectives for nutrition and physical activity be incorporated into the annual school planning and reporting process.    (f)  (1) The division and the department shall report annually on progress in implementing nutrition and physical education standards to the:  (A) Chair of the House Committee on Public Health, Welfare, and Labor;  (B) Chair of the Senate Committee on Public Health, Welfare, and Labor;  (C) Chair of the House Committee on Education; and  (D) Chair of the Senate Committee on Education.    (2) The State Board of Education shall submit to the House Committee on Education and the Senate Committee on Education for the House Committee on Education's and the Senate Committee on Education's review any proposed rules regarding physical education or physical activity standards for grades kindergarten through twelve (K-12) developed pursuant to this section.    
 (a) As used in this section, water system means a facility including without limitation a parent system, consecutive system, or other system that holds, treats, and supplies water directly or through a consecutive system or consecutive systems to five thousand (5,000) persons or more.  (b) The company, corporation, municipality, county, government agency, or other entity that owns or controls a water system shall control the quantity of fluoride in the water so as to maintain a fluoride content established by the Department of Health.  (c) The State Board of Health shall adopt rules relating to the fluoridation of water systems that shall include without limitation:  (1) Permissible concentrations of fluoride to be maintained by a water system; and  (2) Requirements and procedures for maintaining permissible concentrations of fluoride including without limitation:  (A) Necessary equipment;  (B) Recordkeeping;  (C) Reporting; and  (D) Testing.      (d)  (1) A water system required to fluoridate under this section is not required to comply with the requirements of this section until funds sufficient to pay capital start-up costs for fluoridation equipment for the system have become available from any source other than tax revenue or service revenue regularly collected by the company, corporation, municipality, county, or other government agency that owns or controls the water system.  (2) A licensed civil engineer recognized or employed by the department who is familiar with the design, construction, operation, and maintenance of fluoridation systems shall determine for the department whether the capital start-up costs claimed under subdivision (d)(1) of this section are reasonable.    (e) A water system for a city in this state that receives its water supply from a community in another state is not required to comply with this section until a substantially similar fluoridation program is enacted for the water system of the community in the other state.  
 (a)  (1) As used in this section, public recreation area means an area that is used by members of the public for recreational activities.  (2) Public recreation area includes a privately owned or publicly owned:  (A) Park;  (B) Sports field;  (C) Auditorium;  (D) School playground; or  (E) Other school facility.      (b) A soccer goal in a public recreation area shall be anchored according to the Guidelines for Movable Soccer Goal Safety promulgated by the United States Consumer Product Safety Commission as in effect on February 1, 2011, or the guidelines adopted by the Department of Health.  (c) The department shall develop and adopt guidelines for soccer goal safety as provided under this section.  
 (a) The Department of Health shall establish, by rule, standards for transporting, processing, and distributing commercial human breast milk on a for-profit or nonprofit basis in this state.  (b) The department may:  (1) Convene a committee of subject matter experts to assist in the development of the standards described in subsection (a) of this section; and  (2) Develop programs to encourage the creation of nonprofit human breast milk depositories and banks, if funding is available.    
 This subchapter may be known and may be cited as the Arkansas Health Department Building and Local Grant Act. 
 As used in this subchapter:   (1)  (A) Acquire means to lease, lease-purchase, or purchase any lands, buildings, structures, improvements, or other property, real, personal, or mixed.  (B) Acquire also includes payment or provision for payment of all expenses incidental thereto;    (2) [Repealed.]  (3)  (A) Construct means to acquire, construct, reconstruct, renovate, remodel, install, and equip any lands, buildings, structures, improvements, or other property, real, personal, or mixed, useful in connection with any expansion or acquisition and to make other necessary expenditures in connection therewith by the methods and in the manner as may be authorized by law and in the case of an acquisition of equipment and other property of a medical, laboratory, or technical nature, by the method the Secretary of the Department of Health shall determine to be necessary or desirable to accomplish the power, purposes, and authorities set forth in this subchapter and without regard to the provisions of other laws pertaining to the construction and acquisition of property by state agencies.  (B) Construct also includes payment or provision for payment for all expenses incidental thereto;    (4) [Repealed.]  (5) [Repealed.]  (6) Fees means all fees set forth in  20-7-123(b), which are confirmed and ratified by this subchapter; and  (7) Fund means the State Health Department Building and Local Grant Trust Fund.  
 (a) The Secretary of the Department of Health may construct or acquire such facilities and property as are necessary for the provision of current and future requirements for the Department of Health.  (b) Notwithstanding other provisions of this subchapter, the secretary, with the approval of the State Board of Health, may use any unobligated funds in the State Health Department Building and Local Grant Trust Fund in an amount not to exceed six hundred fifty thousand dollars ($650,000) to construct or acquire any land, building, structure, or other property, real, personal, or mixed, and any expenses incidental thereto which are deemed appropriate for the provision of current and future requirements for the department.  (c) With the approval of the board, the secretary may lease, sublease, or otherwise negotiate for the use of any space acquired or constructed under this subchapter to other governmental and nongovernmental entities. Revenues derived from any such lease, sublease, or other arrangement shall be deposited into the Public Health Fund.  (d) Neither the secretary nor any member of the board shall be personally liable for any obligation or action undertaken in connection therewith or for any damages sustained by anyone with respect to any obligations or actions unless he or she shall have acted with a corrupt intent.  
 (a) There is established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the State Health Department Building and Local Grant Trust Fund.  (b) The fund shall consist of such revenues as may be authorized by law, including a portion collected under  20-7-129 and  20-7-408(f).  (c) The Secretary of the Department of Health shall be the disbursing agent and executive officer for the fund.  (d) The fund shall be a continuing fund, not subject to fiscal year limitations, and, except as provided in  20-7-203(b), shall only be used for expansion, renovation, construction, or improvements to the Department of Health building and for grants for construction, renovation, or other expansion of approved local health unit facilities in this state.  (e) No money from the fund may be used for the acquisition, purchase, lease, or otherwise, of real property for any local health unit facility.  
 (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.      
 Participation in the grant programs shall be conditioned on compliance with this subchapter and any rules or regulations of the State Board of Health promulgated under this subchapter. 
 This subchapter shall be entitled the State Health Data Clearinghouse Act. 
 The General Assembly finds that as a result of rising healthcare costs, the shortage of health professionals and healthcare services in many areas of the state, and the concerns expressed by care providers, consumers, third-party payors, and others involved with planning for the provision of health care, there is an urgent need to understand patterns and trends in the availability, use, and costs of these services. Therefore, to establish an information base for patients, health professionals, and hospitals, to improve the appropriate and efficient usage of healthcare services, and to provide for appropriate protection for confidentiality and privacy, the Department of Health shall act as a state health data clearinghouse for the acquisition and dissemination of data from state agencies and other appropriate sources to carry out this subchapter. 
 (a) With the approval of the State Board of Health, the Secretary of the Department of Health shall compile and disseminate health data collected by the Department of Health.  (b)  (1) In consultation with advisory groups appointed by the secretary with representation from hospitals, outpatient surgery centers, health profession licensing boards, and other state agencies, the department should:  (A) Identify the most practical methods to collect, transmit, and share required health data as described in  20-7-304;  (B) Utilize, wherever practical, existing administrative databases and modalities of data collection to provide the required data;  (C) Develop standards of accuracy, timeliness, economy, and efficiency for the provision of the data; and  (D) Ensure confidentiality of data by enforcing appropriate rules.    (2) To maximize limited resources and to prevent duplication of effort, the department may consider, when appropriate, contracting with private entities for the collection of data as set forth in this section subject to this subchapter.    (c)  (1) All state agencies, including health profession licensing, certification, or registration boards and commissions, which collect, maintain, or distribute health data, including data relating to the Arkansas Medicaid Program, shall make available to the department such data as are necessary for the department to carry out its responsibilities under this subchapter or such rules as may be adopted as provided in  20-7-305.  (2) If health data are already reported to another organization or governmental agency in the same manner, form, and content or in a manner, form, and content acceptable to the department, the secretary may obtain a copy of the data from the organization or agency, and no duplicate report need be submitted by the organization.  (3) All hospitals and outpatient surgery centers licensed by the state shall submit information in a form and manner as prescribed by rules by the State Board of Health pursuant to  20-7-305. However, if the same information is being collected by another state agency, the department shall obtain the data from the other state agency.    
 The Secretary of the Department of Health may release data collected under this subchapter, except that data released shall not include any information which identifies or could be used to identify any individual patient, provider, institution, or health plan except as provided in  20-7-305. 
 (a) The State Board of Health shall prescribe and enforce such rules as may be necessary to carry out this subchapter, including the manner in which data are collected, maintained, compiled, and disseminated, and including such rules as may be necessary to promote and protect the confidentiality of data reported under this subchapter.  (b) Data provided, collected, or disseminated under this subchapter which identifies, or could be used to identify, any individual patient, provider, institution, or health plan shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967,  25-19-101 et seq.  (c)  (1)  (A) The Department of Human Services may provide data only for purposes of research and aggregate statistical reporting to the Arkansas Center for Health Improvement, the United States Agency for Healthcare Research and Quality for its Healthcare Cost and Utilization Project, or other researchers for research projects approved by the Department of Health under rules promulgated by the State Board of Health that provide for appropriate security and confidentiality protections for the data.  (B) The Department of Human Services also shall provide data to the Arkansas Hospital Association, Inc. for its price transparency and consumer-driven healthcare project that will make price and quality information about Arkansas hospitals available to the general public.    (2) The data shall be treated in a manner consistent with all state and federal privacy requirements, including, without limitation, the federal Health Insurance Portability and Accountability Act of 1996 privacy rule, specifically 45 C.F.R.  164.512(i).  (3) Any identifiable data provided, collected, or disseminated under this subsection shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967,  25-19-101 et seq.    (d) It shall be unlawful for the hospital or outpatient surgery center to release any patient-identifying information to any nongovernmental third party.  
 (a) The Secretary of the Department of Health shall prepare and submit a biennial report to the Governor and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.  (b) The Department of Health shall provide assistance to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof in the development of information necessary in the examination of healthcare issues.  (c)  (1) With regard to  6-18-702(d),  6-60-504(b), and  20-78-206(a)(2)(B), the department shall report every six (6) months to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor regarding:  (A) The geographic patterns of exemptions, vaccination rates, and exemptions in those areas as well as the rest of the state; and  (B) Disease incidence of vaccine-preventable diseases collected by the department.    (2) The collection of exemption information shall begin January 4, 2004.  (3) Reports shall begin at the first interim meeting of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.    
 (a)  (1) Any person, firm, corporation, organization, or institution that violates any of the provisions of this subchapter or any rules promulgated under this subchapter regarding confidentiality of information shall be guilty of a Class C misdemeanor.  (2) Each day of violation shall constitute a separate offense.    (b) Any person, firm, corporation, organization, or institution knowingly violating any of the provisions of this subchapter or any rules promulgated under this subchapter shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five hundred dollars ($500).  (c)  (1) Every person, firm, corporation, organization, or institution that violates any of the rules adopted by the State Board of Health or that violates any provision of this subchapter may be assessed a civil penalty by the board.  (2) The civil penalty shall not exceed two hundred fifty dollars ($250) for each violation.  (3) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq.    
 All laws and parts of laws in conflict with this subchapter are repealed, except that nothing in this subchapter shall be interpreted to repeal any provision which authorizes the Health Services Permit Agency to gather such data as may be necessary to conduct permit-of-approval activities. 
 The Department of Health shall maintain and update as part of its database under this subchapter a list of substances that may be used to adulterate urine or other bodily fluids that may be used in or used to interfere with a drug or alcohol screening test. 
 Nothing in this act shall be construed to encourage, conflict, or otherwise interfere with the preemption of state and local laws under any federal laws or United States Department of Transportation regulations related to drug testing procedures and confidentiality. 
 This subchapter shall be known and may be cited as the Department of Health Public Health Laboratory Act of 2003. 
 It is the purpose of this subchapter to better serve the citizens of Arkansas by providing for the construction and equipping of a modern public health laboratory. 
 As used in this subchapter:   (1) Authority means the Arkansas Development Finance Authority;  (2) Authorizing resolution means the resolution or resolutions adopted by the State Board of Health authorizing the loan;  (3) [Repealed.]  (4) Building means the state building of the Department of Health located on West Markham Street in Little Rock;  (5) Construct means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other property, whether real, personal, or mixed, useful in connection with the expansion, by any method and manner as may be authorized by law, and in the case of the acquisition of equipment and other property of a medical, laboratory, or technical nature, by any method as the board or the Secretary of the Department of Health determines to be necessary or desirable to accomplish the power, purposes, and authorities set forth in this subchapter and without regard to the provisions of other laws pertaining to the construction and acquisition of property by state agencies;  (6) Construction fund means the State Board of Health Public Health Laboratory Construction Fund;  (7) [Repealed.]  (8) Fee revenues means all revenues derived from all or any of the fees;  (9) Fees means the fees generated under this subchapter that represent an increase to the allowable fees set forth in  20-7-123;  (10) Laboratory means a public health laboratory that is a modern stand-alone public health laboratory to be constructed on the existing site of the department located on West Markham Street in Little Rock;  (11) Loan means the loan which the board may effect from the authority by the terms of this subchapter;  (12) Renovation means the renovation and improvement of the building, including the renovation and alteration of existing properties, whether real, personal, or mixed;  (13) Revenue fund means the State Board of Health Laboratory Revenue Fund; and  (14) Revenue loan fund means the State Board of Health Laboratory Revenue Loan Fund.  
 (a)  (1) The laboratory shall be constructed subject to approval by the State Board of Health.  (2) The board may take such action as may be appropriate for the renovation of the building and any facilities necessarily related to the building.    (b) Subject to the approval of the board, the plans, specifications, and estimates of cost for the laboratory and renovation of the building shall be developed by the Secretary of the Department of Health, and the secretary may employ architects and other like professional and technical assistance as determined to be necessary for the construction of the laboratory and renovation of the building.  (c) The board and the secretary may take such action as may be appropriate for the construction of the laboratory and renovation of the building to accomplish the purposes of this subchapter and may engage legal, technical, and other assistance as necessary.  
 (a)  (1) To finance the construction of the laboratory and renovation of the building, the State Board of Health may enter into a loan from the Arkansas Development Finance Authority in the principal amount of not more than twenty-six million dollars ($26,000,000) under the Arkansas Development Finance Authority Act,  15-5-101 et seq.,  15-5-201 et seq., and  15-5-301 et seq.  (2) The amount and purpose of the loan shall be approved by the board in an authorizing resolution, copies of which shall be maintained in the records of the board and of the authority.    (b) The loan shall bear interest at a rate determined by the rate of interest on funds borrowed by the authority to fund the loan but not to exceed the lesser of ten percent (10%) per annum or the maximum rate of interest permitted by the Arkansas Constitution.  (c) The loan shall mature over a period of not more than thirty (30) years.  (d) The board and the Secretary of the Department of Health may execute and deliver agreements, instruments, and other undertakings and writings and take such action as may be appropriate to evidence the loan and the security for the loan and to carry out this subchapter.  
 (a) The payment and other obligations of the State Board of Health under and with respect to the loan shall be secured by a pledge of the fee revenues, subject to the terms of this subchapter and the reserved power to release fee revenues as set forth in this subchapter.  (b) The loan shall be an obligation of the board only and shall not constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged.  (c) The loan shall not be secured by a lien on any land, building, or other property belonging to the State of Arkansas.  (d) The loan shall not constitute an indebtedness within the meaning of any constitutional or statutory limitation.  
 In addition to the fees authorized by  20-7-123(b)(1)(H) and (I), the following fees shall be collected and credited to the State Board of Health Laboratory Revenue Fund:   (1) A fee of seven dollars ($7.00) collected by the State Registrar of Vital Records for the making and certification of any birth certificate or record;  (2) A fee of five dollars ($5.00) collected for the making and certification of each additional copy of any birth certificate or record;  (3) A fee of six dollars ($6.00) collected by the registrar for the making and certification of a single copy of a death certificate;  (4) A fee of seven dollars ($7.00) collected by the registrar for the making and certification of each additional copy of a death certificate;  (5) A fee of five dollars ($5.00) collected by the registrar for the making and certification of any marriage or divorce certificate or record;  (6) A fee of five dollars ($5.00) collected by the registrar for the making and certification of each additional copy of any marriage or divorce certificate or record;  (7) A fee of seven dollars ($7.00) collected by the registrar for an examination and search of the files for any birth record;  (8) A fee of five dollars ($5.00) collected by the registrar for an examination and search of the files for any marriage or divorce record; and  (9) A fee of six dollars ($6.00) collected by the registrar for an examination and search of the files for any death record.  
 (a)  (1) Except as set forth in this subchapter, all fee revenues shall be treated as cash funds and shall not be deposited into the State Treasury, but shall be deposited as and when received into a bank or banks approved by the State Board of Health or the Secretary of the Department of Health in an account or accounts of the board designated the State Board of Health Laboratory Revenue Fund.  (2) So long as the loan is outstanding, all moneys in the State Board of Health Laboratory Revenue Fund shall not be subject to the provisions of  19-4-801  19-4-803, 19-4-804 [repealed], 19-4-805, and 19-4-806 and shall be deposited, handled, and disbursed as set forth in this subchapter.    (b) Moneys held in the State Board of Health Laboratory Revenue Fund shall be withdrawn and deposited no less frequently than bimonthly as follows and in the following order of priority:  (1) An annual amount sufficient to provide for principal, interest, servicing fees, and reserve requirements with respect to the loan but not to exceed two million six hundred thousand dollars ($2,600,000) per fiscal year:  (A) Before the commencement of the loan, in the State Board of Health Public Health Laboratory Construction Fund; and  (B) Beginning upon commencement of the loan, in an account or accounts in the name of the board or the Arkansas Development Finance Authority, as determined by the board and the authority, designated the State Board of Health Laboratory Revenue Loan Fund; and    (2) Any balance remaining shall be distributed fifty percent (50%) to the Public Health Fund and fifty percent (50%) to the State Health Department Building and Local Grant Trust Fund.    (c)  (1) All funds held in the State Board of Health Laboratory Revenue Fund, the State Board of Health Laboratory Revenue Loan Fund, and the State Board of Health Public Health Laboratory Construction Fund shall be deemed to be cash funds, shall not be deposited into the State Treasury, and shall be transferred, deposited, and applied as set forth in this subchapter without the necessity of appropriation.  (2) All transfers from the State Board of Health Laboratory Revenue Fund and the State Board of Health Public Health Laboratory Construction Fund shall be made by or at the direction of the secretary.  (3) All transfers from the State Board of Health Laboratory Revenue Loan Fund shall be made by:  (A) The secretary; or  (B) The authority, if approved by the board.      (d) So long as the loan is outstanding, funds held in the State Board of Health Laboratory Revenue Loan Fund shall be used solely for the purpose of paying and providing for the principal of, interest on, and servicing fees, if any, in connection with the loan and providing for the creation and maintenance of necessary reserves. The funds may be pledged by the board to secure the loan and may be pledged and used by the authority to pay and secure bonds issued by the authority to finance the construction.  (e)  (1) So long as the loan is outstanding, all fees shall be imposed and all fee revenues shall be collected and applied as provided in this subchapter.  (2) However, particular fees may be reduced or eliminated so long as remaining fees are increased or new fees are added to the end that the aggregate annual amount of fee revenues shall always equal at least three million dollars ($3,000,000).    (f) Upon payment or discharge of the loan and all bonds issued by the authority under this subchapter, the fees authorized by this subchapter shall be deposited into the State Health Department Building and Local Grant Trust Fund.  
 The proceeds of the loan other than amounts required to establish reserves, to pay interest on the loan for a period not to exceed one (1) year, or to pay costs of the loan and of issuing bonds, all of which shall be set forth in written directions executed by the Secretary of the Department of Health, shall be deposited as cash funds into an account of the State Board of Health designated the State Board of Health Public Health Laboratory Construction Fund and disbursed by the secretary for the construction of the expansion. 
 (a) All moneys held at any time in the State Board of Health Laboratory Revenue Fund and the State Board of Health Public Health Laboratory Construction Fund shall be invested and reinvested to the extent feasible, as directed by the Secretary of the Department of Health.  (b) All moneys held in the State Board of Health Laboratory Revenue Loan Fund shall be invested and reinvested to the extent feasible, as directed by the Arkansas Development Finance Authority, in securities which are eligible for the securing of public deposits under  19-8-203, subject in all cases to the term of the loan and of bonds issued by the authority.  
 (a) The authorizing resolution and each agreement or other writing executed and delivered pursuant to it or to this subchapter, together with this subchapter, shall constitute a contract between the State Board of Health and the Arkansas Development Finance Authority, and the obligations of the board may be enforced by mandamus or other equitable or legal remedy.  (b) The obligations of the board shall be freely assignable by the authority, provided that the board is notified in writing of the assignment.  
 Neither the Secretary of the Department of Health nor any member of the State Board of Health shall be personally liable on the loan or on account of any of the obligations or actions undertaken in connection with the loan, or for any damages sustained by anyone with respect to the obligations or actions, unless he or she acted with a corrupt intent. 
 This subchapter shall be known and may be cited as the Arkansas Health-Conscious Shopper Act. 
 (a) The General Assembly finds that shopping cart handles may be contaminated with bodily fluids such as blood, saliva, mucus, and even urine and fecal matter.  (b) This subchapter is intended to:  (1) Increase awareness of Arkansas shoppers, infants, and young children about potential contamination from contact with a shopping cart handle;  (2) Provide a barrier of protection between a shopper and a shopping cart handle; and  (3) Prevent the spread of viruses or bacteria.    
 (a) There is created the Arkansas Health-Conscious Shopper Program.  (b) Under the program, each Arkansas business that uses shopping carts or infant carriers is encouraged to voluntarily provide consumers with sanitation wipes at the entrance of its business on or before January 1, 2008.  
 The Department of Health shall develop guidelines for businesses in the appropriate types and use of sanitation wipes for shopping cart handles. 
 This subchapter shall be known and may be cited as the Prescription Drug Monitoring Program Act. 
 The purpose of this subchapter is to protect the state health system and the citizens of Arkansas by:   (1) Enhancing patient care by providing prescription monitoring information that will ensure legitimate use of controlled substances in health care, including palliative care, research, and other medical pharmacological uses;  (2) Helping curtail the misuse and abuse of controlled substances;  (3) Assisting in combating illegal trade in and diversion of controlled substances; and  (4) Enabling access to prescription information by practitioners, law enforcement agents, and other authorized individuals and agencies and to make prescription information available to practitioners, law enforcement agents, and other authorized individuals and agencies in other states.  
 As used in this subchapter:   (1)  (A) Arkansas Medicaid prescription drug program means the prescription drug program that is a portion of the Title XIX Medicaid program for the State of Arkansas.  (B) The Arkansas Medicaid prescription drug program includes any entity contracted with the Arkansas Medicaid prescription drug program and to which the Arkansas Medicaid Program has granted authority;    (2) Certified law enforcement prescription drug diversion investigator means a certified law enforcement officer assigned by his or her law enforcement agency to investigate prescription drug diversion and who has completed a certification course in prescription drug diversion approved by the Prescription Drug Monitoring Program Advisory Committee and certified by the Arkansas Commission on Law Enforcement Standards and Training;  (3) Controlled substance means a drug, substance, or immediate precursor in Schedules II-V;  (4) Dispense means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including without limitation the prescribing, administering, packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery;  (5)  (A) Dispenser means a practitioner who dispenses.  (B) Dispenser does not include:  (i) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public;  (ii) A wholesale distributor of Schedules II-V controlled substances; or  (iii) A practitioner or other authorized person who administers a controlled substance;      (6) Exchangeability means the ability of the program to electronically share reported information with another state's prescription monitoring program if the information concerns the dispensing of a controlled substance either:  (A) To a patient who resides in the other state; or  (B) Prescribed by a practitioner whose principal place of business is located in the other state;    (7) Investigation means an active inquiry that is being conducted with a reasonable, good-faith belief that the inquiry:  (A) Could lead to the filing of administrative, civil, or criminal proceedings; or  (B) Is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future;    (8) Opioid means a drug or medication that relieves pain, including without limitation:  (A) Hydrocodone;  (B) Oxycodone;  (C) Morphine;  (D) Codeine;  (E) Heroin; and  (F) Fentanyl;    (9) Patient means the person or animal who is the ultimate user of a controlled substance for whom a lawful prescription is issued and for whom a controlled substance is lawfully dispensed;  (10) Practitioner means:  (A) A physician, dentist, veterinarian, advanced practice nurse, physician assistant, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; and  (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;    (11) Prescribe means to issue a direction or authorization, by prescription, permitting a patient lawfully to obtain a controlled substance;  (12) Prescriber means a practitioner or other authorized person who prescribes a Schedule II, III, IV, or V controlled substance;  (13) Prescription means a controlled substance lawfully prescribed and subsequently dispensed;  (14) Prescription drug monitoring program means a program that collects, manages, analyzes, and provides information regarding Schedule II, III, IV, and V controlled substances as provided under the Uniform Controlled Substances Act,  5-64-101 et seq.,  5-64-1101  5-64-1103, the Food, Drug, and Cosmetic Act,  20-56-201 et seq., or  20-64-501  20-64-513;  (15) Qualified law enforcement agency means a law enforcement agency that has a certified law enforcement prescription drug diversion investigator and a chief, sheriff, or law enforcement chief executive officer who has successfully completed a certification course in prescription drug diversion approved by the commission;  (16) Schedule II means controlled substances that are placed in Schedule II under  5-64-205;  (17) Schedule III means controlled substances that are placed in Schedule III under  5-64-207;  (18) Schedule IV means controlled substances that are placed in Schedule IV under  5-64-209;  (19) Schedule V means controlled substances that are placed in Schedule V under  5-64-211; and  (20) Ultimate user means a person who lawfully possesses a controlled substance for:  (A) The person's own use;  (B) The use of a member of the person's household; or  (C) Administering to an animal owned by a person or by a member of the person's household.    
 (a) The State Board of Health shall create the Prescription Drug Monitoring Program upon the Department of Health's procuring adequate funding to establish the program.  (b)  (1) Each dispenser shall submit to the department information regarding each controlled substance dispensed.  (2) A dispenser located outside Arkansas and licensed and registered by the Arkansas State Board of Pharmacy shall submit to the department information regarding each controlled substance prescription dispensed to an ultimate user whose address is within Arkansas.  (3) The State Board of Health shall create a controlled substances database for the program.    (c) Each dispenser required to report under subsection (b) of this section shall submit to the department by electronic means information that shall include without limitation:  (1) The dispenser's identification number;  (2) The date the prescription was filled;  (3) The prescription number;  (4) Whether the prescription is new or is a refill;  (5) The National Drug Code for the controlled substance that is dispensed;  (6) The quantity of the controlled substance dispensed;  (7) The number of days' supply dispensed;  (8) The number of refills ordered;  (9)  (A) A patient identifier.  (B) A patient identifier shall not be a Social Security number or a driver's license number;    (10) The patient's name;  (11) The patient's address;  (12) The patient's date of birth;  (13) The patient's gender;  (14) The prescriber's identification number;  (15) The date the prescription was issued by the prescriber; and  (16) The source of the payment for the prescription.    (d)  (1) Except as required in subdivision (d)(2) of this section, practitioners are encouraged to access or check the information in the controlled substance database created under this subchapter before prescribing, dispensing, or administering medications.  (2)  (A) A prescriber shall check the information in the program when prescribing:  (i) An opioid from Schedule II or Schedule III for every time prescribing the medication to a patient; and  (ii) A benzodiazepine medication for the first time prescribing the medication to a patient.    (B) A licensing board that licenses practitioners who have the authority to prescribe shall adopt rules requiring the practitioners to check the information in the program as described in subdivision (d)(2)(A) of this section.  (C) This subdivision (d)(2) does not apply to:  (i) A practitioner administering a controlled substance:  (a) Immediately before or during surgery;  (b) During recovery from a surgery while in a healthcare facility;  (c) In a healthcare facility; or  (d) Necessary to treat the patient in an emergency situation at the scene of an emergency, in a licensed ground ambulance or air ambulance, or in the intensive care unit of a licensed hospital;    (ii) A practitioner prescribing or administering a controlled substance to:  (a) A palliative care or hospice patient; or  (b) A resident in a licensed nursing home facility; or    (iii) Situations in which the program is not accessible due to technological or electrical failure.    (D) The State Board of Health may amend, by rule, the exemptions listed in subdivision (d)(2)(C) of this section upon a recommendation from the Secretary of the Department of Health and a showing that the exemption or lack of exemption is unnecessarily burdensome or has created a hardship.    (3) A licensed oncologist shall check the program when prescribing to a patient on an initial malignant episodic diagnosis and every three (3) months following the diagnosis while continuing treatment.    (e) This subchapter does not prohibit licensing boards from requiring practitioners to access or check the information in the controlled substance database as a part of a review of the practitioner's professional practice.  (f) Each dispenser shall submit the required information in accordance with transmission methods and frequency established by the department.  (g)  (1) The department shall create a process for patients to address errors, inconsistencies, and other matters in their record as maintained under this section, including cases of breach of privacy and security.  (2) The department shall develop algorithms within the controlled substance database that would alert a practitioner if his or her patient is being prescribed opioids by more than three (3) physicians within any thirty-day period, if funding is available.    (h)  (1) The department shall limit access to only those employees whose access is reasonably necessary to carry out this section.  (2) However, a prescriber may delegate access to the controlled substance database to persons under his or her supervision or employment.  (i) A certified law enforcement prescription drug diversion investigator shall provide to the department the following information in order to be granted access to the program:     Written verification that the inquiries were part of a lawful prescription drug diversion investigation as provided to the department through the case number of the investigation; and   The disposition of the investigation.    (3)  (A) The verification form under subdivision (j)(2) of this section shall be submitted to the department within thirty (30) days of receipt of the form by the qualified law enforcement agency.  (B) Failure to submit a verification form under subdivision (j)(3)(A) of this section shall result in the immediate suspension of access to the database by the qualified law enforcement agency and its certified law enforcement prescription drug diversion investigators until a determination is made by the department to allow continued access.         (1)  The identification credentials assigned by the department; and    (2)  The case number of the investigation.    (j)(1)  A qualified law enforcement agency shall submit to the department an annual report of the data accessed by all certified law enforcement prescription drug diversion investigators in the qualified law enforcement agency, including without limitation:    (2)  The department shall:    (A)  Create a verification form for use under subdivision (j)(1) of this section; and    (B)  Make the verification form available annually to the qualified law enforcement agency. 
 (a) The Prescription Drug Monitoring Program Advisory Committee shall be created by the State Board of Health upon the Department of Healths procuring adequate funding to establish the Prescription Drug Monitoring Program.  (b) The mission of the committee is to consult with and advise the department on matters related to the establishment, maintenance, operation, and evaluation of the Prescription Drug Monitoring Program.  (c) The committee shall consist of:  (1) One (1) representative designated by each of the following organizations:  (A) The Arkansas Academy of Physician Assistants, Inc.;  (B) The Arkansas Association of Chiefs of Police;  (C) The Arkansas Drug Director;  (D) The Arkansas Medical Society, Inc.;  (E) The Arkansas Nurses Association;  (F) The Arkansas Optometric Association, Inc.;  (G) The Arkansas Osteopathic Medical Association;  (H) The Arkansas Pharmacist's Association;  (I) The Arkansas Podiatric Medical Association, Inc.;  (J) The Arkansas Prosecuting Attorneys Association;  (K) The Arkansas Sheriffs' Association;  (L) The Arkansas State Dental Association;  (M) The Arkansas Veterinary Medical Association;  (N) The State Board of Health; and  (O) The Arkansas Public Defender Commission;    (2) One (1) mental health provider or certified drug and alcohol counselor;  (3) One (1) consumer appointed by the Governor;  (4) The Chair of the Arkansas State Medical Board or his or her designee who is also a member of the Arkansas State Medical Board; and  (5) The President of the Arkansas State Board of Dental Examiners or his or her designee who is also a member of the Arkansas State Board of Dental Examiners.    
 (a) Prescription information submitted to the Department of Health under this subchapter is confidential and not subject to the Freedom of Information Act of 1967,  25-19-101 et seq.  (b)  (1) The controlled substances database created in this subchapter and all information contained in the controlled substances database and any records maintained by the Department of Health or by an entity contracting with the Department of Health that is submitted to, maintained, or stored as a part of the controlled substances database is privileged and confidential, is not a public record, and is not subject to subpoena or discovery in a civil proceeding.  (2) Information in the controlled substances database may be accessed by:  (A) A certified law enforcement officer pursuant to a criminal investigation but only after the law enforcement officer obtains a search warrant signed by a judge that demonstrates probable cause to believe that a violation of federal or state criminal law has occurred, that specified information contained in the database would assist in the investigation of the crime, and that the specified information should be released to the certified law enforcement officer;  (B) A regulatory body engaged in the supervision of activities of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled substances;  (C) A person or entity investigating a case involving breaches of privacy involving the database or its records;  (D) A certified law enforcement prescription drug diversion investigator of a qualified law enforcement agency;  (E) A practitioner within the Arkansas Medicaid prescription drug program;  (F) The Department of Human Services or the Crimes Against Children Division if:  (i) The purpose of the database access is related to an investigation under the Child Maltreatment Act,  12-18-101 et seq., and not pursuant to a criminal investigation by a certified law enforcement officer; and  (ii) The Department of Human Services has obtained a circuit court order to access the database under  12-18-622; or    (G) The Office of Medicaid Inspector General for review and investigation of fraud, waste, and abuse within the Arkansas Medicaid prescription drug program if access is limited to beneficiaries of the Arkansas Medicaid prescription drug program.      (c) This section does not apply to information, documents, or records created or maintained in the regular course of business of a pharmacy, a medical, dental, optometric, or veterinary practitioner, or another entity covered by this subchapter, and all information, documents, or records otherwise available from original sources are not immune from discovery or use in a civil proceeding merely because the information contained in the records was reported to the controlled substances database under this subchapter.  (d) The Department of Health shall establish and enforce policies and procedures to ensure that the privacy and confidentiality of patients are maintained and that patient information collected, recorded, transmitted, and stored is protected and not disclosed to persons except as listed in  20-7-607.  (e) The Prescription Drug Monitoring Program shall establish and maintain a process for verifying the credentials and authorizing the use of prescription information by individuals and agencies listed in  20-7-607.  
 (a)  (1)  (A)  (i) The Department of Health shall review the Prescription Drug Monitoring Program information, including without limitation a review to identify information that appears to indicate whether a person is obtaining prescriptions in a manner that may represent misuse or abuse of controlled substances based on prescribing criteria determined by the Secretary of the Department of Health upon consultation with the Prescription Drug Monitoring Program Advisory Committee.  (ii) The prescribing criteria shall be posted on the website of the department and be available in print upon request.    (B) If the information appears to indicate misuse or abuse may have occurred, the department shall notify the practitioners and dispensers who have prescribed or dispensed in the following manner:  (i) The department shall provide quarterly reports to the individual practitioners and dispensers; and  (ii) If after twelve (12) months of providing quarterly reports to the practitioners and dispensers, the information appears to indicate misuse or abuse may be continuing, the department shall send a report to the licensing boards of the practitioner or dispenser who prescribed or dispensed the prescription.    (C) If information of misuse or abuse is identified, the department shall notify the practitioners and dispensers who prescribed or dispensed the prescriptions and the United States Diversion Control Division of the United States Drug Enforcement Administration.  (D) On or before January 1, 2019, the department shall contract with a vendor to make the program interactive and to provide same-day reporting in real time, if funding and technology are available.    (2)  (A) The department may review the program information, including without limitation a review to identify information that appears to indicate whether a prescriber or dispenser may be prescribing or dispensing prescriptions in a manner that may represent misuse or abuse of controlled substances.  (B) If information of misuse or abuse is identified, the department may notify the professional licensing board of the prescriber or dispenser only after the relevant professional licensing board has provided the department with the parameters for triggering a notification from the department to the professional licensing board.      (b) The department shall provide information in the program upon request and at no cost only to the following persons:  (1)  (A) A person authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for his or her patients or for reviewing information regarding prescriptions that are recorded as having been issued or dispensed by the requester.  (B) An agent or employee of the prescriber or dispenser to whom the prescriber or dispenser has delegated the task of assessing the data described in this subsection, but only if the agent or employee has been granted access by a delegate account;    (2) A patient who requests his or her own prescription monitoring information;  (3) A parent or legal guardian of a minor child who requests the minor child's program information;  (4)  (A) A designated representative of a professional licensing board of the professions of the healing arts representing healthcare disciplines whose licensees are prescribers pursuant to an investigation of a specific individual, entity, or business licensed or permitted by the licensing board.  (B) Except as permitted by subdivision (a)(2) of this section, the department shall provide information under subdivision (b)(4)(A) of this section only if the requesting licensing board states in writing that the information is necessary for an investigation;    (5) The State Medical Examiner as authorized by law to investigate causes of deaths for cases under investigation pursuant to his or her official duties and responsibilities;  (6) Local, state, and federal law enforcement or prosecutorial officials engaged in the administration, investigation, or enforcement of the laws governing controlled substances required to be submitted under this subchapter pursuant to the agency's official duties and responsibilities; and  (7) Personnel of the department for purposes of administration and enforcement of this subchapter.    (c) Information collected under this subchapter shall be maintained for three (3) years.  (d) The department may provide patient, prescriber, or dispenser information to public or private entities for statistical, research, or educational purposes after encrypting or removing any patient's name, street name and number, patient identification number, month and day of birth, and prescriber or dispenser information that could be used to identify individual patients or persons who received prescriptions.  (e) The department may provide information in the program to insurance carriers for the purpose of verifying prescriber or dispenser registration for individuals that are part of the health plan's network of providers.  
 (a) The Department of Health may provide prescription monitoring information to federal prescription drug monitoring programs or other states' prescription drug monitoring programs, and the information may be used by those programs consistent with this subchapter.  (b) The department may request and receive prescription monitoring information from federal prescription drug monitoring programs or other states' prescription drug monitoring programs and may use the information under this subchapter.  (c) The department may develop the capability to transmit information to other prescription drug monitoring programs and receive information from other prescription drug monitoring programs employing the standards of exchangeability.  (d) The department may enter into written agreements with federal prescription drug monitoring programs or other states' prescription drug monitoring programs for the purpose of describing the terms and conditions for sharing prescription information under this subchapter.  
 (a) The Department of Health may contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the Prescription Drug Monitoring Program.  (b) A contractor shall be bound to comply with the provisions regarding confidentiality of prescription information as outlined in this subchapter and shall be subject to the penalties specified in this subchapter for unlawful acts.  
 (a) The Department of Health may make application for, receive, and administer grant funding from public or private sources for the development, implementation, or enhancement of the Prescription Drug Monitoring Program.  (b) A fee shall not be levied against practitioners for the purpose of funding or complying with the Prescription Drug Monitoring Program.  
 (a)  (1) It is unlawful for a dispenser to purposely fail to submit prescription monitoring information as required under this subchapter.  (2) A violation of subdivision (a)(1) of this section is a Class B misdemeanor.    (b)  (1) It is unlawful for a dispenser to purposely submit fraudulent prescription information.  (2) A violation of subdivision (b)(1) of this section is a Class D felony.    (c)  (1) It is unlawful for a person authorized to receive prescription monitoring information to purposely disclose the information in violation of this subchapter.  (2) A violation of subdivision (c)(1) of this section is a Class C felony.    (d)  (1) It is unlawful for a person authorized to receive prescription drug monitoring program information to use such information in a manner or for a purpose in violation of this subchapter.  (2) A violation of subdivision (d)(1) of this section is a Class C felony.    (e)  (1) It is unlawful for a person to knowingly obtain, use, or disclose or attempt to obtain, use, or disclose information by fraud or deceit from the Prescription Drug Monitoring Program or from a person authorized to receive information from the Prescription Drug Monitoring Program under this subchapter.  (2) A violation of subdivision (e)(1) of this section is a Class C felony.    (f) In addition to the criminal penalties provided in this section, a dispenser or practitioner who uses or discloses confidential information received from the Prescription Drug Monitoring Program in a manner or for a purpose in violation of this subchapter may be subject to disciplinary action by the dispenser's or practitioner's licensing board.  (g) In addition to the criminal penalties provided in this section, a law enforcement officer who uses or discloses confidential information received from the Prescription Drug Monitoring Program in a manner or for a purpose in violation of this subchapter may be subject to disciplinary action by the law enforcement officer's agency or department.  (h) This subchapter does not limit a person whose privacy has been compromised unlawfully under this section from bringing a civil action to address the breach of privacy or to recover all damages to which the person may be entitled per violation, including attorney's fees and costs.  (i) A practitioner who purposely fails to access the Prescription Drug Monitoring Program as required by  20-7-604(d) is subject to disciplinary action by the licensing board of the practitioner.  
 This subchapter does not give authority to any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly, the courts, or the United States Constitution or the Arkansas Constitution other than to the extent provided in this subchapter. 
 The State Board of Health shall adopt rules to implement this subchapter. 
 (a) The Prescription Drug Monitoring Program shall become operational March 1, 2013, if full funding is available under  20-7-610.  (b) The Secretary of the Department of Health may suspend operation of the program if adequate funding under  20-7-610 ceases.  
 (a) A prescriber who has been found by his or her licensing board to be in violation of a rule or law involving prescription drugs shall be required by the appropriate licensing board to register with the Prescription Drug Monitoring Program and access patient information before writing a prescription for an opioid.  (b) The licensing board, in its discretion, may remove this requirement after a period of time if the licensing board deems removal of the requirement appropriate.  
 This subchapter shall be known and may be cited as the Combating Prescription Drug Abuse Act. 
 As used in this subchapter:   (1) Chronic nonmalignant pain means pain requiring more than three (3) consecutive months of prescriptions for:  (A) An opioid that is written for more than the equivalent of ninety (90) tablets, each containing five milligrams (5 mg) of hydrocodone;  (B) A morphine equivalent dose of more than fifteen milligrams (15 mg) per day; or  (C) In the specific case of tramadol, an average dose equivalent of two hundred milligrams (200 mg) or greater per day;    (2) Hospital means a healthcare facility licensed as a hospital by the State Board of Health under  20-9-213;  (3) Opioid means a drug or medication that relieves pain, including without limitation:  (A) Codeine;  (B) Fentanyl;  (C) Heroin;  (D) Hydrocodone;  (E) Morphine; and  (F) Oxycodone; and    (4) Prescriber means a practitioner or other authorized person who prescribes a Schedule II, III, IV, or V controlled substance.  
 (a) A hospital with an emergency department shall adopt guidelines concerning opioid prescribing in the emergency department.  (b) The guidelines shall be drafted jointly by the emergency department physicians and medical staff and approved by the governing body of the hospital.  (c) The guidelines shall address, at a minimum:  (1) Treatment of chronic nonmalignant pain and acute pain;  (2) Limits on amounts or duration of opioid prescriptions; and  (3) Identification of situations where opioid prescriptions should be discouraged or prohibited.    (d) The guidelines shall not be construed as establishing a standard of care.  
 (a)  (1) Within the first two (2) years of being granted a license in the state, a prescriber shall obtain a minimum of two (2) hours of prescribing education approved by the appropriate licensing board.  (2) The education approved by the appropriate licensing board under subdivision (a)(1) of this section shall include:  (A) Options for online and in-person programs; and  (B) Information on prescribing rules, regulations, and laws that apply to individuals who are licensed in the state.      (b) This section shall apply to all prescribers licensed after December 31, 2015.  
 (a) A licensing board that licenses individuals with prescriptive authority shall adopt rules that are at least as stringent as the rules of the Arkansas State Medical Board concerning use of narcotics for the treatment of pain not associated with malignant or terminal illness.  (b) A licensing board that licenses individuals who are authorized to prescribe opioids for treatment of chronic nonmalignant pain shall promulgate rules that contain, at a minimum, the requirements of  20-7-707.  
 A patient who is being treated with controlled substances for chronic nonmalignant pain shall be evaluated at least one (1) time every six (6) months by a physician who is licensed by the Arkansas State Medical Board. 
 (a) For a patient with chronic nonmalignant pain, a prescriber, at a minimum and in addition to any additional requirements of the appropriate licensing board, shall:  (1) Check the prescriptive history of the patient on the Prescription Drug Monitoring Program at least every six (6) months; and  (2) Have a signed pain contract with the patient that states, at a minimum, the expectations of the prescriber for the behavior of the patient which may include:  (A) A requirement for random urine drug screenings to help ensure that the patient is abiding by the requirements of the contract; and  (B) A requirement for random pill counts to ensure compliance with the prescription.      (b) The requirements of this section shall not apply to a patient:  (1) Whose pain medications are being prescribed for a malignant condition;  (2) With a terminal condition;  (3) Who is a resident of a licensed healthcare facility;  (4) Who is enrolled in a hospice program; or  (5) Who is in an inpatient or outpatient palliative care program.    
 A prescriber or licensed healthcare facility that in good faith reports a suspected drug diversion is immune from civil or criminal liability and disciplinary action by the appropriate licensing board. 
 As used in this subchapter:   (1) [Repealed.]  (2) Category of services or health services means home healthcare services as defined by  20-10-801;  (3) [Repealed.]  (4) Conversion of services means an alteration of the category of services offered by a health facility;  (5) [Repealed.]  (6)  (A) Health facility means a long-term care facility as defined by  20-10-101 or a home healthcare services agency as defined by  20-10-801.  (B) Health facility shall not mean and nothing in this subchapter shall be deemed to require a permit of approval for or to otherwise regulate in any manner the licensure of:  (i) A hospital as defined by and licensed pursuant to  20-9-201, except when a hospital seeks to add long-term care beds or to convert acute beds to long-term care beds or to add home health services pursuant to a letter of intent filed with the Department of Health after February 15, 1993, or to expand home health services pursuant to a letter of intent filed with the department after February 15, 1993;  (ii) Offices of private physicians and surgeons;  (iii) Outpatient surgery or imaging centers;  (iv) Post-acute head injury retraining and residential care facilities or establishments operated by the United States Government or any agency thereof;  (v) Freestanding radiation therapy centers;  (vi) Expansion, not to exceed fifteen (15) beds, of the twenty-five-bed nonprofit intermediate care facility for individuals with developmental disabilities that provides transitional rehabilitation for pediatric patients;  (vii) Residences for four (4) or fewer individuals with developmental disabilities who receive support and services from nonprofit providers currently licensed by the Division of Developmental Disabilities Services;  (viii) Any facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with the tenets or practices of any recognized religious denomination; or  (ix) Any bed or facility used to provide care to delinquent juveniles committed into the care of the Division of Youth Services.    (C) Health facility shall not include offices of private physicians and surgeons, outpatient surgery or imaging centers, establishments operated by the United States Government or any of its agencies, freestanding radiation therapy centers, 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    (7) Transitional rehabilitation means rehabilitation that typically results in discharge within twenty-four (24) months after the date of admission.  
 (a) There is established the Health Services Permit Commission.  (b) The commission shall be composed of the following membership appointed by the Governor and confirmed by the Senate:  (1) A retired or practicing physician;  (2) A representative of the Department of Human Services or his or her designee;  (3) A member of the Arkansas Hospital Association, Inc.;  (4) A member of the Arkansas Health Care Association;  (5) A member of the Arkansas chapter of AARP, Inc.;  (6) A member of the HomeCare Association of Arkansas;  (7) A consumer knowledgeable in business health insurance;  (8) A member of the Arkansas Residential Assisted Living Association, Inc.; and  (9) A member of the Hospice and Palliative Care Association of Arkansas, Inc.    (c)  (1) All appointments shall be for four-year terms.  (2) No member shall be appointed to serve more than two (2) consecutive full terms.    (d) The members shall serve without pay, but those members not employed by the State of Arkansas may receive expense reimbursement in accordance with  25-16-901 et seq.  (e) The commission shall meet at least quarterly and at such other times as necessary to carry out its duties under this subchapter. The commission shall elect one (1) of its members as chair, and by appropriate adoption of bylaws and rules, may provide for the time, place, and manner of calling its meetings.  
 (a) The Health Services Permit Commission shall evaluate the availability and adequacy of health facilities and health services as they relate to long-term care facilities and home healthcare service agencies in this state.  (b) The commission shall designate those locales or areas of the state in which, due to the requirements of the population or the geography of the area, the health service needs of the population are underserved.  (c) The commission may specify, within locales or areas, categories of health services which are underserved or overserved due to the composition or requirements of the population or the geography of the area.  (d) The commission shall develop policies and adopt criteria, including time limitations, to be utilized by the Health Services Permit Agency in the review of applications and the issuing of permits of approval for a long-term care facility or a home healthcare service agency as provided in this subchapter.  (e) The commission may define certain underserved locales or areas or categories of services within underserved locales or areas to be exempt for specified periods of time from the permit-of-approval requirement.  (f) The commission may set application fees for permit-of-approval applications to be charged and collected by the agency.  (g)  (1) Upon appeal by the applicant or an interested party, the commission shall conduct hearings on decisions by the agency within ninety (90) days of the agency decision. The commission shall render its final decision within fifteen (15) days of the close of the hearing. Failure of the commission to take final action within these time periods shall be considered a ratification of the agency decision and shall constitute the final decision of the commission from which an appeal to circuit court may be filed.  (2) Neither a competitor of a successful applicant for a permit of approval nor any other party shall have the right to appeal the commission's decision to grant a permit of approval.    
 (a) There is created and established the Health Services Permit Agency, which shall be under the supervision and control of the Department of Health.  (b) The agency, under the administration of the department, shall possess and exercise such duties and powers as necessary to implement the policy and procedures adopted by the Health Services Permit Commission.  (c) The agency, under the administration of the department, shall review all applications for permits of approval and approve or deny the application within ninety (90) days from the date the application is deemed complete and submitted for review.  (d) The State of Arkansas shall not participate in the capital expenditures review program, otherwise known as the 1122 Program, unless it becomes mandatory for continuation in federal programs authorized under Title V of the Social Security Act, 42 U.S.C.  701 et seq., Title XIV of the Social Security Act, 42 U.S.C.  1351 et seq., and Title XVII of the Social Security Act, 42 U.S.C.  1391 et seq., for all states.  (e) The agency, under the administration of the department, shall assist the commission in the performance of its duties under this subchapter.  
 (a) There shall be a Director of the Health Services Permit Agency, who shall be the executive head of the Health Services Permit Agency.  (b) The director shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.  (c) The director shall report to the Secretary of the Department of Health.  
 (a)  (1) A permit of approval shall not be required by the Health Services Permit Agency or the Health Services Permit Commission for any applicant to qualify for a Class B license, as provided in  20-10-801 et seq., to operate a home healthcare services agency, if the home healthcare services agency was serving patients on or before June 30, 1988, and if the home healthcare services agency serves the residents of the county where the principal office is located.  (2) Nursing home applications under review by the Health Services Permit Agency on June 2, 1987, are considered under the provisions of this subchapter under updated standards on a county-by-county basis.  (3)  (A) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications for permits of approval for the construction of new residential care facilities.  (B) Applications for replacement of residential care facilities may not be accepted and processed after July 1, 2005.  (C) However, applications for replacement of residential care facilities shall be accepted for residential care facilities of sixteen (16) beds or fewer but only if the number of beds required for replacement is less than or equal to the number of beds for which the residential care facility was licensed before the application for replacement.      (b)  (1)  (A) The alteration or renovation of a health facility having an associated capital expenditure of less than one million dollars ($1,000,000) for nursing homes and not resulting in additional bed capacity shall not require a permit of approval.  (B) However, the Health Services Permit Agency shall not allow hospital acute care beds to be converted to or allow their license classification to be changed to long-term care beds without going through the permit-of-approval process.    (2) Permits, legal title, and right of ownership may be transferred with the approval of the commission if the entity presently holding the permit, legal title, or right of ownership has tangible assets of at least two thousand five hundred dollars ($2,500) that will be transferred with the permit, legal title, or right of ownership.  (3) The application for the permit of approval shall include, but need not be limited to, such information as is necessary to determine:  (A) Whether the proposed project is needed or projected as being necessary to meet the needs of the locale or area in terms of the health care required for the population or geographic region;  (B) Whether the proposed project can be adequately staffed and operated when completed;  (C) Whether the proposed project is economically feasible; and  (D) Whether the project will foster cost containment through improved efficiency and productivity.      (c) If the application is granted, the Health Services Permit Agency shall issue a permit of approval, if it finds that the proposed project meets the criteria for approval as set by the commission. If the application is denied, the Health Services Permit Agency shall send written notice of the denial to the applicant which sets forth the criteria that the proposed project failed to meet.  (d) Any applicant or interested party seeking review of a final Health Services Permit Agency decision regarding permits of approval, movement of beds, or transfer of permits of approval shall file a written appeal for hearing before the commission on an approved form within thirty (30) days of the receipt of the Health Services Permit Agency decision.  (e) Appeals to the commission shall be conducted in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq.  
 (a) Unless otherwise provided in this subchapter, all health facilities seeking to add new beds or home health services or to expand existing bed capacity or home health services shall apply for a permit approving additional beds or services or expanded bed capacity or services pursuant to procedures and criteria promulgated by the Health Services Permit Commission.  (b) The commission may authorize the Health Services Permit Agency to enjoin construction or expansion of existing facilities of any project commenced in violation of this subchapter through an action filed in the circuit court of the judicial district in which the project is located.  (c) In no event shall the requirements of this subchapter apply to any facility licensed or approved as of March 1, 2003, by the Child Welfare Agency Review Board pursuant to the Child Welfare Agency Licensing Act,  9-28-401 et seq., and as specifically exempted by  9-28-407(a)(3).  (d) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications or requests for permits of approval to add new beds or to expand existing bed capacity of residential care facilities.  
 All fees and fines collected under this subchapter shall be deposited into the Miscellaneous Agencies Fund Account to be used exclusively for the maintenance and operation of the Health Services Permit Agency, including any agreements to reimburse the Department of Health for costs associated with the operation of the agency. 
 (a) All projects requiring approval under the Certificate of Need Program as established by Acts 1975, No. 558,  5 [repealed], except freestanding radiation therapy centers, shall not be instituted or commenced after April 4, 1987, except upon application for and receipt of approval from the Health Services Permit Agency utilizing the same criteria and procedures in existence before April 4, 1987.  (b) As used in this section, commence construction means the approval of project financing or the actual movement onto the site of building materials and equipment by the principal contractor.  (c) Two hundred ten (210) days after April 4, 1987, Acts 1975, No. 558,  5, as amended, is repealed. On and after the two hundred eleventh day following April 4, 1987, all projects requiring approval under  20-8-107 shall not be instituted or commenced except upon application for and receipt of a permit of approval as set forth in this subchapter, and, during this period of time, all duties and responsibilities of the State Health Planning and Development Agency and the Statewide Health Coordinating Council are transferred to the Health Services Permit Agency established under this subchapter. Any project not requiring approval under this subchapter, even though covered under Acts 1975, No. 558,  5 [repealed], may be commenced after April 4, 1987.  (d)  (1) The Health Services Permit Agency shall process all applications or certificates of need for intermediate care facilities for individuals with intellectual or other developmental disabilities with fifteen (15) or fewer beds that were pending on April 4, 1987, and shall for a period of thirty (30) days after April 4, 1987, accept additional applications for such facilities.  (2) The applications shall be processed utilizing the criteria and procedures in existence before April 4, 1987, and in addition the Health Services Permit Agency shall consider as a primary factor the experience of each applicant in serving individuals with intellectual or other developmental disabilities.    
 (a) The Health Services Permit Agency shall act as a statewide health data clearinghouse for the acquisition and dissemination of data from healthcare providers, the Arkansas Medicaid Program, third-party payors, state agencies, and other appropriate sources in furtherance of this section.  (b) All state agencies having information with regard to health matters shall make available to the Health Services Permit Agency such health data as is necessary for the Health Services Permit Commission to carry out its responsibilities.  (c) All health facilities requiring a permit of approval by the state shall submit annually a report of utilization statistics as may be required by the Health Services Permit Agency.  (d) The Insurance Commissioner shall require all third-party payors, including, but not limited to, licensed insurers, medical and hospital service corporations, health maintenance organizations, and self-funded employee health plans, to provide the commission with claims data for health matters.  (e) State agencies which survey hospitals, home health agencies, outpatient surgery centers, or nursing homes for licensure or certification shall annually report to the Health Services Permit Agency on the surveys of the various facilities. The annual report shall list facilities by name with patient care citations and numbers of serious patient injuries per year by facility.  (f) The Director of the Health Services Permit Agency shall be empowered to release data collected pursuant to this section, subject to the following limitations:  (1) Data released shall not include any information which could be used to identify any individual patient; and  (2) Data released shall not include any information which could be used to associate any of the data with any specific third-party payor.    (g) The Secretary of the Department of Health shall prescribe such rules as may be necessary to carry out the purpose of this section.  (h)  (1) With the advice of the commission, the director shall compile and publish summaries of health data collected by the Health Services Permit Agency.  (2)  (A) The director shall prepare an annual report of the Health Services Permit Agency's findings and submit the report to the secretary, the General Assembly, and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.  (B) The Health Services Permit Agency shall provide assistance to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor in the development of information necessary in the examination of healthcare issues.      (i)  (1) The Health Services Permit Agency may impose a fine on health facilities requiring a permit of approval for failure to timely submit reports of statistics as required by the Health Services Permit Agency.  (2) The Health Services Permit Agency may impose a fine of:  (A) Up to one hundred dollars ($100) for a report more than thirty (30) days late;  (B) Two hundred fifty dollars ($250) for a report more than sixty (60) days late; and  (C) Five hundred dollars ($500) for a report more than ninety (90) days late.      
 The Governor may at any time transfer all personnel, appropriations, fund balances, and authorized positions, and the powers, duties, and personnel of the Developmental Disabilities Planning Council to any other designated agency of the state which meets the requirements of Pub. L. No. 101-496 [repealed]. 
 The Governor may at any time transfer all the powers, duties, personnel, appropriations, fund balances, and authorized positions of the Developmental Disabilities Planning Council to any other designated agency of the state which meets the requirements of Pub. L. No. 103-230 [repealed]. 
 The General Assembly finds and determines that:   (1) The Division of Youth Services of the Department of Human Services is obligated by law to provide appropriate care to juveniles adjudicated delinquent and committed to the division's custody;  (2) The division, pursuant to judicial decrees, assumes custody of delinquent juveniles with little or no notice;  (3) The nature of the criminal conduct engaged in by the juvenile may create the necessity to segregate these juveniles within treatment facilities, thereby denying the division otherwise available beds;  (4) The division must secure sufficient facilities for the care of delinquent juveniles in its custody;  (5) The need for these facilities may vary substantially from the needs anticipated by the Department of Human Services or by the Health Services Permit Commission; and  (6) No permit of approval should be required for facilities or beds contracted for or otherwise provided for delinquent youth committed to the custody of the division or the beds provided for delinquent youth counted against the authorized beds otherwise provided by a facility or organization with a permit of approval.  
 (a) The Department of Health may implement the Life Choices Lifeline Program as a statewide care program to provide direct services, support, social services case management, and referrals to biological parents of unborn children and biological or adoptive parents of children under two (2) years of age.  (b) The Life Choices Lifeline Program shall:  (1) Encourage healthy childbirth;  (2) Support childbirth as an alternative to abortion;  (3) Promote family formation;  (4) Aid successful parenting; and  (5) Increase families' economic self-sufficiency.    (c) Funding provided for services of the Life Choices Lifeline Program shall be used for nonsectarian purposes only.  (d) The Life Choices Lifeline Program shall consist of at least the following components:  (1) Direct-to-participant marketing within the state;  (2) The use of licensed nurses to provide to participants in the Life Choices Lifeline Program:  (A) An assessment and evaluation of needs related to pregnancy or parenting; and  (B) Medically accurate pregnancy-related medical information;    (3) The use of licensed social workers, nurses, or other individuals of equivalent experience, to provide to participants in the Life Choices Lifeline Program:  (A) Development of a care plan of resources and support to address the needs identified;  (B) Referrals to appropriate local resources, including state and federal benefits programs and local charitable organizations;  (C) Assistance in applying for state and federal benefits programs; and  (D) Assistance in accomplishing elements of the care plan; and    (4) Administrative support and expenses directly attributable to the development of or ongoing support of services of the Life Choices Lifeline Program.    (e)  (1) The Life Choices Lifeline Program shall be available to residents of all counties of the state, including residents in rural areas that may currently lack access to services.  (2) Services of the Life Choices Lifeline Program may be provided, as appropriate, in person through existing facilities or remotely through a telephonic system or other comparable technological system.    (f) To be eligible to receive services under the Life Choices Lifeline Program, an individual shall at the time of initial contact with the Life Choices Lifeline Program be:  (1) A resident of the state; and  (2) A biological parent of an unborn child or a biological or adoptive parent of a child under two (2) years of age.    (g) Existing participants of the Life Choices Lifeline Program whose pregnancy is terminated before birth are eligible to continue to receive services of the Life Choices Lifeline Program for six (6) months after the date of termination.  
 (a) It is declared and found that a major problem facing medicine and the public health and welfare is the absence of an adequate program to assist in the treatment and rehabilitation of persons with congenital or acquired spinal cord dysfunction.  (b)  (1) It has been found that no fewer than one thousand one hundred (1,100) Arkansas residents presently have spinal cord injury or damage, and it is estimated that at least one hundred twenty (120) Arkansans experience serious injury or congenital dysfunction of the spinal cord annually.  (2) Furthermore, it has been found that a fully coordinated approach to the early recognition, the emergency care and transportation, the definitive treatment and rehabilitation, and the long-term management direction and support of persons with congenital or acquired spinal cord dysfunction is presently lacking and yet is essential to guaranteeing persons with congenital or acquired spinal cord dysfunction the best possible opportunity to minimize mortality, morbidity, and permanent disability.  (3) It is further recognized that the enormous cost for medical services, hospitalization, and rehabilitative care of persons with congenital or acquired spinal cord dysfunction makes it extremely difficult, and often financially impossible, for persons of moderate or modest means to secure adequate medical and rehabilitative services, and in most cases, services are financially possible only by the very wealthy, if at all.  (4) Therefore, to guarantee the best possible opportunity for minimizing the mortality, morbidity, and permanent disability of persons due to spinal cord injury or dysfunction, it is essential that the state develop a program to:  (A) Provide for complete identification and visible integration of the numerous complex funding mechanisms which are applicable to the needs of a particular person at each overlapping stage of treatment and rehabilitation and provide financial assistance when necessary to fill a specific identified gap in funding a portion of the coordinated treatment and rehabilitation plan of a specified person when the person's own financial resources are insufficient to meet such requirements;  (B) Authorize the development and operation of an Arkansas spinal cord treatment center and system which will integrate present treatment and rehabilitative capabilities and develop additional service capabilities as necessary to guarantee the availability of continuously current and evolving new processes in state-of-the-art treatment and rehabilitative services to all Arkansans who have congenital or acquired spinal cord dysfunction; and  (C) Provide for full coordination of treatment and rehabilitation efforts from problem recognition through progressive rehabilitation and for as long as a need for these specialized services shall exist.      
 (a) There is established the Arkansas Spinal Cord Commission, to consist of five (5) members to be appointed by the Governor from the state at large for terms of ten (10) years and confirmed by the Senate, as provided by law. The members of the commission shall be either spinal cord injured victims themselves, members of the immediate families of spinal cord injured victims, or persons with special knowledge of and experience with spinal cord injuries and dysfunctions who have demonstrated active involvement and interest in the fight against death and disability due to spinal cord injury and dysfunction.  (b) Members of the commission shall serve until their successors are appointed and confirmed.  (c) If a vacancy occurs on the commission due to death, resignation, or other cause, the vacancy shall be filled by appointment of the Governor of a person eligible for the initial appointment as set forth in this section, to serve for the remainder of the unexpired portion of the term of the member.  (d)  (1) The commission shall select a disbursing officer of funds appropriated to the commission. All expenditures shall be approved by the chair of the commission before their disbursement.  (2) The commission shall annually elect one (1) of its members as chair and one (1) of its members as vice chair, and other officers as the commission deems necessary.    (e) Members of the commission shall serve without pay but shall be reimbursed from commission funds, if available, for reasonable and necessary expenses incurred in attending to commission business, in the same manner and in accordance with the same conditions, restrictions, and limitations as are applicable to employees of the state.  (f) Members of the commission shall qualify by taking the oath of office as prescribed by law.  (g) The commission shall meet at least one (1) time each calendar quarter and at such other times as may be designated by the commission's rules, or upon call by the chair or by the written request of any four (4) members.  (h)  (1) From time to time, the commission may create advisory committees as are deemed necessary to assist the commission in formulating policies, effectuating and reviewing operating procedures, and for such other purposes as the commission may deem appropriate.  (2) The members of the advisory committees shall serve without pay, but the commission may reimburse members of the advisory committees for expenses in accordance with  25-16-901 et seq. if sufficient funds are available.    
 The Arkansas Spinal Cord Commission shall have the following functions, powers, and duties:   (1) To identify and cooperate with existing agencies, organizations, and individuals offering services to the spinal cord injured or spina bifida patient for the establishment and integration of a statewide system of treatment, rehabilitation, counseling, and social services by means of entering into cooperative agreement with the agencies, organizations, and individuals. The programs shall be designed and administered to:  (A) Provide for coordinated and integrated development and continued review of a full treatment and rehabilitation plan for each qualified applicant patient;  (B) Identify all possible and existing funding sources for each type of service identified in the treatment plan for which a qualified patient may be eligible and assist the patient in obtaining funding assistance for which he or she is eligible from existing sources;  (C) Assess the patient's financial ability to pay for needed services identified in the treatment plan for which no other funding sources are available;  (D) Provide financial assistance for persons unable to pay for the services, including special equipment, without causing unjust and unusual hardship, including, but not limited to, a drastic lowering of the standard of living to the person or his or her immediate family;  (E) Identify service needs which cannot be adequately met by existing resources;  (F) Provide for increased accountability by documenting the full range of fiscal resources being invested from the various funding sources toward the achievement of each patient's service plan objectives; and  (G) Provide an annual report to the Secretary of the Department of Health, to the General Assembly, and to the public documenting areas of success, unresolved problems, and overall cost-benefit analyses of expenditures from the various sources;    (2)  (A) To develop or cause to be developed an Arkansas spinal cord treatment center and system to serve the entire state through the provision of such direct and indirect services as may be identified and documented as provided in subdivision (1) of this section.  (B) The center and system may provide such services as:  (i) Specialized emergency and acute care;  (ii) Specialized emergency transfer services;  (iii) Specialized diagnostic and prescriptive services;  (iv) Specialized rehabilitative services;  (v) Family education and home care outreach services;  (vi) Coordinated services;  (vii) Continuing educational services for physicians and other health professionals and paraprofessionals who deal with the spinal cord patient; and  (viii) Other services deemed necessary and appropriate by the commission.    (C) At such time as an Arkansas spinal cord treatment center is established, the commission shall serve as its board of directors and may either directly administer the operation of the center or may enter into contractual agreements with existing institutions for facilities, staffing, and administrative services or such other services as the commission deems appropriate.  (D)  (i) Until an Arkansas spinal cord treatment center is established, or after a center is established, the commission may contract and pay for services provided by other institutions whenever the commission determines it to be in the best interest of a spinal cord injured person.  (ii) It is the intent of this subchapter that the commission have broad discretion in providing or obtaining for spinal cord injured patients a complete level of services which the commission deems to be in the best interest of the patient, as set forth in this subchapter;      (3) To work with all appropriate agencies, organizations, and individuals throughout the state to develop a fully integrated statewide network of coordinated services for spinal cord patients covering all needed services from the detection of spinal cord injuries or congenital conditions through the related phases of emergency care and transfer, acute and definitive care, and rehabilitative and follow-up care and to thus effect a measured reduction in spinal cord-related morbidity and mortality, long-term disability, and long-term maintenance system expenditures of public funds;  (4) To provide special expert consultation and services to cooperating and participating agencies, institutions, and individuals, including appropriate elements of the emergency medical services system, on the emergency care and transportation of spinal cord injured persons as well as to other agencies, institutions, and individuals responsible for the delivery of professional medical and health sciences education and training necessary for providing appropriate progressive and evolving specialized programs of treatment of service to spinal cord injured and spina bifida patients;  (5) To develop standards for determining eligibility for assistance to defray the cost of care and treatment of spinal cord patients under this program; and  (6) To accept gifts, grants, and donations from private sources, from municipal and county governments, from the state, and from the United States Government to be used for the purposes of this subchapter to defray costs incurred by persons suffering from spinal cord disability who are unable to meet the total cost of treatment and rehabilitation and to promote the development of specialized service capability found to be needed but not available.  
 (a)  (1) The Arkansas Spinal Cord Commission shall establish and maintain a central registry of spinal cord disabled persons. Every public and private health and social agency and attending physician shall report to the commission within five (5) calendar days after identification of any spinal cord disabled person. However, the consent of the individual shall be obtained before making this report, except that every spinal cord disease or injury resulting in permanent partial, permanent total, or total disability shall be reported to the commission immediately upon identification.  (2) The report shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the commission.    (b)  (1) Within fifteen (15) days of the report and identification of a spinal cord disabled person, the commission shall notify the spinal cord disabled person or the most immediate family members of their right to assistance from the state, the services available, and the eligibility requirements.  (2) The commission shall refer severely disabled persons to appropriate divisions, departments, and other state agencies to assure that maximum available rehabilitative services, if desired, are obtained by the spinal cord disabled person.  (3) All other agencies of the state shall cooperate with the commission to ensure that appropriate total rehabilitative and other services are available, as well as access to records and other information.    (c) As used in this section, spinal cord disabled means any person who has a spinal cord disease or injury, congenital or acquired, which results in partial or total loss of motor or sensory functions and which results in temporary or permanent partial or total disability.  (d) It is the intent of the General Assembly to ensure the referral of all spinal cord disabled persons to the commission by appropriate individuals or public and private agencies in order that all spinal cord disabled persons might obtain the appropriate total rehabilitative services rendered by existing state agencies, state departments, and other organizations and individuals.  
 The General Assembly finds:   (1) That Arkansas consistently ranks among the most unhealthy states in the nation;  (2) That after just one (1) year of regular walking exercise, previously sedentary smokers refrained from smoking at two (2) times the rate of those who received only health education;  (3) That Arkansans who exercise regularly choose walking as their overwhelmingly preferred form of activity;  (4) That women who walk briskly or exercise vigorously may reduce their chances for heart disease by as much as forty percent (40%);  (5) That more than thirty-five percent (35%) of Arkansans do not exercise, placing Arkansas as the sixth most sedentary state in the nation;  (6) That, while people are inactive in all parts of the state, a greater percentage of the population in rural areas is inactive; and  (7) That a reduction in illnesses related to physical inactivity would save Arkansas millions of dollars each year in reduced healthcare costs.  
 (a) The Department of Health shall use funds from the Tobacco Settlement Proceeds Act,  19-12-101 et seq., to establish the Great Strides Grant Program.  (b)  (1) The department shall promulgate rules to create a grant program which will allow local communities to participate in the Great Strides Grant Program.  (2) The department shall give priority in meeting the goals of this subchapter to grant proposals from rural communities.    
 The General Assembly finds and determines that there is a lack of Arkansas-specific information and data to guide officials responsible for policy decisions and that making this data readily available to decision makers is essential to the creation of effective health policy for the state. 
 (a)  (1) The Director of the Arkansas Center for Health Improvement shall establish and maintain a program to access health data to be known as the Arkansas Health Data Initiative.  (2) The initiative shall be administered and maintained within the the Arkansas Center for Health Improvement.    (b) The purpose of the initiative is to serve as an access point for studies concerning state and federal health information and to inform and support Arkansas health policy officials.  (c) Policy development and access to data under the initiative is contingent upon the availability of funding to support projects under the initiative.  
 (a) If agreed to by state agencies responsible for maintaining requested data sources, the Arkansas Center for Health Improvement may have access to the agencies' information and data to facilitate operation of the Arkansas Health Data Initiative.  (b) Data under subsection (a) of this section include:  (1) Public health databases;  (2) Healthcare-utilization data;  (3) Financial data related to the procurement of health or healthcare-related services;  (4) Data supplied as part of mandated reporting requirements to state agencies by entities, including, but not limited to, other state agencies and departments, nonstate entities, external vendors, and other entities as identified by the initiative;  (5) Data collected and maintained under the State Health Data Clearinghouse Act,  20-7-301 et seq.; and  (6) Other data sources supported and maintained with state funds.    
 The Division of Information Systems, Department of Finance and Administration, Department of Health, Department of Human Services, State Insurance Department, and all other appropriate departments, agencies, subcontractors, and officers shall promulgate rules to implement this subchapter. 
 This subchapter shall be known and may be cited as the Newborn Umbilical Cord Blood Initiative Act. 
 The General Assembly finds that:   (1) More than one hundred million (100,000,000) Americans and two billion (2,000,000,000) other humans worldwide suffer from diseases that may eventually be treated more effectively or even cured with stem cells;  (2) Stem cell research has been hampered by the controversy over the use of embryonic stem cells;  (3) Stem cells are not found only in embryos;  (4) The umbilical cord, placenta, and amniotic fluid are rich in stem cells that may be used for scientific research and medical treatment without destroying embryos;  (5) Stem cell research using stem cells from postnatal tissue and fluid has already resulted in treatments for anemia, leukemia, lymphoma, lupus, multiple sclerosis, rheumatoid arthritis, sickle cell disease, spinal cord injury, and Crohn's disease;  (6) Stem cell therapies using stem cells from postnatal tissue and fluid are being studied for diseases as wide-ranging and diverse as corneal degeneration, heart disease, stroke, Parkinson's disease, and Alzheimer's disease;  (7) It is the public policy of this state to encourage the donation, collection, and storage of stem cells collected from postnatal tissue and fluid and to make such stem cells available for both scientific research and medical treatment; and  (8) It is the public policy of this state to encourage ethical research in life science and regenerative medicine.  
 As used in this subchapter:   (1) Amniotic fluid means the fluid inside the amnion;  (2) Nonembryonic stem cell research means medical research involving stem cells that have not been derived from a human embryo or fetus;  (3) Placenta means the organ that forms on the inner wall of the human uterus during pregnancy;  (4) Postnatal tissue and fluid means the placenta, umbilical cord, and amniotic fluid expelled or extracted in connection with the birth of a human being;  (5) Stem cell means an unspecialized or undifferentiated cell that can self-replicate and has the potential to differentiate into a specialized cell type; and  (6) Umbilical cord means the gelatinous tissue and blood vessels connecting an unborn human being to the placenta.  
 (a)  (1) On or before June 30, 2008, the Arkansas Commission for the Newborn Umbilical Cord Blood Initiative shall establish a network of postnatal tissue and fluid banks in partnership with one (1) or more public or private colleges or universities, public or private hospitals, nonprofit organizations, or private firms in this state for the purpose of collecting and storing postnatal tissue and fluid.  (2) The Newborn Umbilical Cord Blood Bank shall create a voluntary program to make tissue and fluid available for scientific research and medical treatment in accordance with this subchapter.  (3) A parent of a child born in this state may voluntarily contribute postnatal tissue and fluid to the Newborn Umbilical Cord Blood Bank.    (b)  (1) The commission shall develop a voluntary program to educate pregnant patients with respect to the banking of postnatal tissue and fluid.  (2) The program shall include:  (A) An explanation of the difference between public and private postnatal tissue and fluid banking programs;  (B) The medical process involved in the collection and storage of postnatal tissue and fluid;  (C) The current and potential future medical uses of stored postnatal tissue and fluid;  (D) The benefits and risks involved in the banking of postnatal tissue and fluid; and  (E) The availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks.      
 (a) The Arkansas Commission for the Newborn Umbilical Cord Blood Initiative is created.  (b)  (1) The commission shall consist of eleven (11) members appointed as follows:  (A) Three (3) members appointed by the Governor as follows:  (i) One (1) member who is a physician licensed by the Arkansas State Medical Board;  (ii) One (1) member who has a financial background; and  (iii) One (1) member who has a legal background or an ethicist background, or both;    (B) Three (3) members appointed by the Speaker of the House of Representatives as follows:  (i) One (1) member who is a physician licensed by the board;  (ii) One (1) member who has a financial background; and  (iii) One (1) member who has a legal background or an ethicist background, or both;    (C) Three (3) members appointed by the President Pro Tempore of the Senate as follows:  (i) One (1) member who is a physician licensed by the board;  (ii) One (1) member who has a financial background; and  (iii) One (1) member who has a legal background or an ethicist background, or both;    (D) The Dean of the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences or his or her designee; and  (E) The Secretary of the Department of Health or his or her designee.    (2) The commission shall include one (1) consultant, nonvoting member who shall be the Director of Cell Therapy and Transfusion Medicine of the University of Arkansas for Medical Sciences.    (c) The Governor shall designate one (1) member as chair of the commission.  (d) The chair shall call the first meeting of the commission within sixty (60) days of his or her appointment.  (e)  (1) At the first meeting of the commission, the members shall draw lots so that three (3) members serve two-year terms, three (3) members serve three-year terms, and three (3) members serve four-year terms.  (2) After the initial terms, members shall serve four-year terms.    (f) The commission shall meet at least one (1) time per year.  (g)  (1) A majority of the membership of the commission shall constitute a quorum.  (2) A majority vote of those members present shall be required for any action of the commission.    (h) Vacancies on the commission due to death, resignation, removal, or other causes shall be filled in the same manner as is provided in this section for initial appointments.  
 (a) The Arkansas Commission for the Newborn Umbilical Cord Blood Initiative shall:  (1) Investigate the implementation of this subchapter and recommend improvements in this subchapter to the General Assembly;  (2) Make available to the public the records of all meetings of the commission and of all business transacted by the commission;  (3) Oversee the operations of the Newborn Umbilical Cord Blood Bank, including without limitation the approval of all fees established to cover administration, collection, and storage costs;  (4) Undertake the Newborn Umbilical Cord Blood Initiative by promoting awareness of the blood bank and encouraging donation of postnatal tissue and fluid to the blood bank;  (5) Ensure the privacy of persons who donate umbilical cord blood, amniotic fluid, and placental tissue to the blood bank;  (6) Develop a plan for making postnatal tissue and fluid collected under the Newborn Umbilical Cord Blood Initiative available for scientific research and medical treatment in compliance with all relevant national practice and quality standards;  (7) Develop a plan for private storage of postnatal tissue and fluid for medical treatment;  (8) Participate in the National Cord Blood Program and register postnatal tissue and fluid collected with registries operating in connection with the National Cord Blood Program;  (9) If funds are available, request the Department of Health to employ staff and enter into contracts necessary to implement this subchapter, and reimburse the department for the cost of implementing this subchapter; and  (10) Report annually to the General Assembly on or before October 1 of each year concerning the activities of the commission.    (b) The commission may seek additional funding from any source, including without limitation federal grants and private grants.  
 As used in this subchapter:   (1) Palliative care means patient-centered and family-centered medical care offered throughout the continuum of an illness that optimizes quality of life by anticipating, preventing, and treating the suffering caused by a serious illness to address physical, emotional, social, and spiritual needs and facilitate patient autonomy, access to information, and choice, including without limitation:  (A) Discussion of the patient's goals for treatment;  (B) Discussions of treatment options appropriate to the patient, including hospice care, if needed; and  (C) Comprehensive pain and symptom management; and    (2) Serious illness means a medical illness or physical injury or condition that substantially impacts quality of life for more than a short period of time, including without limitation cancer, renal failure, liver failure, heart disease, lung disease, and Alzheimer's disease and related dementia.  
 (a) There is created the Palliative Care and Quality of Life Interdisciplinary Task Force.  (b) The task force shall consist of thirteen (13) members as follows:  (1) Nine (9) members appointed by the Governor as follows:  (A) One (1) member who is a designee of the American Cancer Society;  (B) One (1) member who is a designee of the Hospice and Palliative Care Association of Arkansas, Inc.;  (C) One (1) member who is a designee of the Department of Veterans Affairs;  (D) One (1) member who is a designee of the American Heart Association, Arkansas Affiliate, Inc.;  (E) One (1) member who is a designee of the Arkansas Hospital Association, Inc.;  (F) One (1) member who is a designee of the Arkansas Medical Society, Inc.;  (G) One (1) member who is a designee of the Arkansas Health Care Association;  (H) One (1) member who is a designee of the Arkansas Center for Health Improvement; and  (I) One (1) member, who is appointed in consultation with the Secretary of the Department of Health, who is a palliative care professional with expertise in the following knowledge areas that may include without limitation:  (i) Interdisciplinary palliative care;  (ii) Medical, nursing, social work, pharmacy, or spiritual services;  (iii) Psychosocial issues involved in caregiving for patient and family caregivers or their advocates; and  (iv) Palliative care perspectives and challenges across multiple settings, including inpatient, outpatient, and community settings, and across pediatric, youth, adult, and geriatric populations;      (2) Two (2) members appointed by the President Pro Tempore of the Senate as follows:  (A) One (1) member who is a board-certified hospice and palliative medicine physician, physician assistant, or nurse; and  (B) One (1) member, in consultation with the Arkansas Surgeon General, who is a palliative care professional with expertise in the following knowledge areas that may include without limitation:  (i) Interdisciplinary palliative care;  (ii) Medical, nursing, social work, pharmacy, or spiritual services;  (iii) Psychosocial issues involved in caregiving for patient and family caregivers or their advocates; and  (iv) Palliative care perspectives and challenges across multiple settings, including inpatient, outpatient, and community settings, and across pediatric, youth, adult, and geriatric populations; and      (3) Two (2) members appointed by the Speaker of the House of Representatives as follows:  (A) One (1) member who is a board-certified hospice and palliative medicine physician, physician assistant, advanced practice registered nurse, or nurse; and  (B) One (1) member, in consultation with the Arkansas Surgeon General, who is a palliative care professional with expertise in the following knowledge areas that may include without limitation:  (i) Interdisciplinary palliative care;  (ii) Medical, nursing, social work, pharmacy, or spiritual services;  (iii) Psychosocial issues involved in caregiving for patient and family caregivers or their advocates; and  (iv) Palliative care perspectives and challenges across multiple settings, including inpatient, outpatient, and community settings, and across pediatric, youth, adult, and geriatric populations.        (c) The members of the task force shall be appointed by September 1, 2017.  (d) In the event of a vacancy in the membership of the task force, a person shall be appointed by the appropriate individual and who meets the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the term.  (e)  (1) The task force shall select a chair and vice chair during the first meeting.  (2) The task force shall hold at least two (2) regular meetings in each calendar year at a time and place determined by the task force.    (f) Seven (7) members of the task force shall constitute a quorum to transact business.  (g) The members of the task force may receive expense reimbursement in accordance with  25-16-901 et seq.  (h) The Department of Health shall provide staff, information, and other assistance as reasonably necessary to assist the task force in its efficient organization.  (i) The purpose of the task force is to consult with and advise the Department of Health on matters relating to the establishment, maintenance, operation, and outcome evaluation of palliative care initiatives in the state.  (j) The task force shall expire on December 31, 2021, unless extended by the General Assembly.  
 (a) The Palliative Care and Quality of Life Interdisciplinary Task Force shall submit a preliminary report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives on or before January 17, 2019, that includes without limitation:  (1) Recommendations for the establishment, maintenance, operation, and outcome evaluation of palliative care initiatives in the state; and  (2) Recommendations for any statutory changes to be considered by the General Assembly.    (b) The task force shall submit a follow-up report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives on or before December 31, 2020, detailing the implementation of the recommendations from the preliminary report.  (c) On and after August 1, 2017, the task force shall submit and present a quarterly report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor.  
 This subchapter shall be known and may be cited as the Volunteer Health Care Act. 
 It is the purpose of the General Assembly to:   (1) Provide and facilitate access to appropriate, safe, and cost-effective healthcare services; and  (2) Maintain healthcare quality.  
 As used in this subchapter:   (1) Contract means an agreement executed in compliance with this subchapter between a healthcare professional or a medical professional and the Department of Health or a governmental contractor;  (2) Governmental contractor means the county health units, special purpose districts with healthcare responsibilities, a hospital owned and operated by a governmental entity, or any other healthcare entity designated by the department;  (3) Healthcare provider means:  (A) A free or charitable healthcare clinic qualified as exempt from federal income taxation;  (B) A state or federally funded community health center;  (C) A volunteer corporation or volunteer healthcare provider that delivers healthcare services to low-income patients; and  (D) Other medical facilities with the primary purpose to deliver medical services or treatment to humans and that include an office maintained by a medical professional;    (4) Low-income patient means a person who:  (A) Is eligible for any category of the Arkansas Medicaid Program; or  (B) Does not have health insurance and whose annual household income does not exceed three hundred percent (300%) of the federal poverty level; and    (5) Medical professional means:  (A) A physician, osteopathic physician, or optometric physician;  (B) An osteopathic physician's assistant, physician's assistant, or optometric physician's assistant;  (C) A chiropractic physician;  (D) A podiatric physician;  (E) A nurse licensed under  17-87-101 et seq.;  (F) A dentist or dental hygienist;  (G) A pharmacist;  (H) An optometrist;  (I) A dietitian or an individual who offers dietary services; and  (J) A student enrolled in an accredited program that prepares the student for licensure in one (1) or more of the healthcare professions listed in subdivisions (5)(A)-(H) of this section.    
 (a)  (1) A healthcare provider or medical professional may enter into a contract with the Department of Health or governmental contractor to deliver volunteer health services to eligible low-income patients.  (2) A healthcare provider or medical professional that enters into a contract as described in subdivision (a)(1) of this section shall be an agent of the state with sovereign immunity while the healthcare provider or medical professional is acting within the scope of duties under the contract as described in this subchapter.  (3) A governmental contractor that is also a healthcare provider is not required to enter into a contract under this subchapter with respect to the healthcare services delivered by employees of the governmental contractor.    (b) The contract shall:  (1) Apply only to volunteer healthcare services delivered by the healthcare provider or medical professional to low-income patients who are eligible to receive healthcare services;  (2) Include all employees of the healthcare provider; and  (3) State that:  (A) The healthcare provider or medical professional has sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided within the scope of the contract;  (B) If a patient treated by the healthcare provider or medical professional is ineligible for services, the healthcare provider or medical professional shall still have sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided;  (C) The department or the governmental contractor has the right to:  (i) Dismiss or terminate any healthcare provider or medical professional employed under the contract; and  (ii)  (a) Terminate the contact with a healthcare provider or medical professional with appropriate cause.  (b) At least five (5) business days before the termination date of a contract, the department or governmental contractor shall provide the healthcare provider or medical professional with written notice of intent to terminate the contract and reasons for the decision; and    (iii) Access the records of any patient served by the healthcare provider or medical professional under the contract;    (D)  (i) The healthcare provider or medical professional shall report any adverse incidents and information on treatment outcomes to the department or governmental contractor if pertaining to a patient treated under the contract.  (ii) The healthcare provider or medical professional shall also report the adverse incident to the appropriate licensing body to determine whether the adverse incident involves conduct subject to disciplinary action.  (iii) Patient medical records and identifying information contained in the adverse incident report shall be confidential and not subject to the Freedom of Information Act of 1967,  25-19-101 et seq.;    (E) The department, governmental contractor, healthcare provider, or medical provider may make patient selection and initial referrals; and  (F) If emergency care is required, the patient shall be referred within forty-eight (48) hours after the latter of the time when treatment commences or the patient has the mental capacity to consent to treatments.      (c) Annually, the healthcare provider or medical professional shall report the following information to the department:  (1) A summary of the efficacy of access and treatment outcomes;  (2) Statistics for claims pending and claims paid;  (3) The amount of defense and handling costs associated with all claims brought against healthcare providers or medical professionals by the healthcare provider or medical professional working under the Volunteer Healthcare Program;  (4) The operation hours of the healthcare provider or medical professional;  (5) The number of patient visits by the healthcare provider or medical professional working under the Volunteer Healthcare Program; and  (6) The value of healthcare-related goods and services provided by the healthcare provider or medical professional working under the Volunteer Healthcare Program.    
 (a) A medical professional may fulfill one (1) hour of continuing education credit with the performance of eight (8) hours of volunteer services under this subchapter.  (b) A medical professional shall not obtain more than eight (8) hours of credits as described in subsection (a) of this section in a licensing period.  
 (a) The healthcare provider or medical professional shall provide written notice to each patient, parent of the patient, or legal guardian of the patient served under a contract described in this subchapter.  (b) The written notice shall:  (1) Be acknowledged in writing by the patient, the parent of the patient, or the legal guardian of the patient; and  (2) Contain information that:  (A) The healthcare provider or medical professional is an agent of the state; and  (B) The exclusive remedy for damage or injury suffered as a result of any act or omission by the healthcare provider or medical professional acting within the scope of duties under a contract described in this subchapter is to file a claim in the Arkansas State Claims Commission.      (c) The healthcare provider or medical professional may comply with the requirements of subdivisions (b)(2)(A) and (B) of this section by posting the notice in a conspicuous place within the place of business of the healthcare provider or medical professional.  
 (a) Annually, the Department of Health shall report to:  (1) The President Pro Tempore of the Senate;  (2) The Speaker of the House of Representatives;  (3) The minority leaders of the Senate and the House of Representatives;  (4) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and  (5) The Chair of the House Committee on Public Health, Welfare, and Labor.    (b) The report shall include without limitation:  (1) A summary of the efficacy of access and treatment outcomes;  (2) Statistics for claims pending and claims paid;  (3) The amount of defense and handling costs associated with all claims brought against healthcare providers or medical professionals under the Volunteer Healthcare Program;  (4) A listing of all healthcare providers and medical professionals volunteering under the Volunteer Healthcare Program with the operation hours of each healthcare provider and medical professional;  (5) The number of patient visits under the Volunteer Healthcare Program; and  (6) The value of healthcare-related goods and services provided by the Volunteer Healthcare Program.    
 A governmental contractor is responsible for costs and attorney's fees for malpractice litigation arising out of healthcare services delivered under a contract brought to the Arkansas State Claims Commission. 
 The Department of Health shall promulgate rules necessary to implement this subchapter in a manner consistent with the purpose of this subchapter. 
 This subchapter shall be known and may be cited as the Primary Prevention Programs Act. 
 As used in this subchapter:   (1) At-risk youth means an individual in grades kindergarten through twelve (K-12) who has a greater vulnerability for risk behaviors;  (2) Client means the intended audience of a primary prevention and risk avoidance program;  (3) Culturally appropriate means effective for communicating with people of different cultures, including without limitation people of different races and ethnicities;  (4) Developmentally appropriate means:  (A) Suited to the physical, intellectual, and emotional development of an adolescent; and  (B) Taking into consideration the following:  (i) During adolescence, physical changes happen at an increased rate;  (ii) At the same time, adolescents experience cognitive, social, emotional, and interpersonal changes that must be addressed as part of a primary prevention strategy; and  (iii) Although all youth have individual personalities and individual interests, many adolescents face similar developmental issues during early, middle, and late adolescence that must be addressed at the appropriate times;      (5) Evidence-based means founded on:  (A) Principles and concepts supported by research;  (B) Practical strategies learned from experience; and  (C) Practices consistent with client needs and circumstances;    (6) Evidence-informed means incorporating available evidence, practice, and experience to determine what works in a given, practical setting;  (7)  (A) Optimal health means the following aspects of health without limitation:  (i) Physical health, which refers to the physiological way an individual's body functions;  (ii) Emotional health, which includes without limitation an individual's ability to calmly cope with unpleasant emotions and remain aware of the individual's and others' feelings;  (iii) Social health, which refers to the quality of an individual's relationships with the individual's family, friends, and others with whom the individual interacts;  (iv) Mental health, which includes without limitation an individual's ability to recognize reality and cope with the demands of daily life while maintaining self-esteem and self-respect; and  (v) Spiritual health, which refers to an individual's choice to live his or her life in accordance with his or her ethics, morals, values, and in harmony with his or her environment and others that surround him or her.    (B) Optimal health is not limited to the absence of disease;    (8) Primary prevention strategy means a plan of action that utilizes a prevention-first educational approach to risk behavior that:  (A) Employs strategies that prevent risk behaviors and assist with the transition of youth from risk behavior lifestyles and habits to risk-free lifestyles and habits before negative health effects occur; and  (B) Includes primarily content that prioritizes a risk avoidance message;    (9) Proven effective means that a program, project, approach, or practice has been recognized as evidence-based or evidence-informed by a credible federal or state education or health entity;  (10) Risk avoidance strategy means a plan of action that:  (A) Encourages students to voluntarily avoid or refrain from risk behaviors and eliminate all associated risks of those behaviors; and  (B) Educates students about the optimal health of an individual and the societal benefits associated with:  (i) Personal responsibility;  (ii) Personal efficacy;  (iii) Goal setting;  (iv) Health decision-making;  (v) A focus on the future; and  (vi) Healthy relationship development;      (11) Risk behavior includes without limitation the following:  (A) Smoking;  (B) Consuming alcohol;  (C) Abusing drugs;  (D) Early initiation into sexual activity;  (E) Participating in a sexually active lifestyle while under the age of legal consent;  (F) Engaging in or having experienced:  (i) Dating violence; or  (ii) Sexual violence; and    (G) Participating in illegal activities such as:  (i) Misusing technology and social media, which includes without limitation the following:  (a) Blackmailing another person with pictures or information gained through technology or social media;  (b) Cyberbullying, as defined in  5-71-217; and  (c) Sexting, as defined in  5-27-609; and    (ii)  (a) Bullying.  (b) A primary prevention program shall address the:  (1) Behaviors of a teen who is bullying another person; and  (2) Effects of bullying on a teen who is being bullied by another person;  (A) A positive youth development approach that builds on a person's existing strengths, skills, and external assets;  (B) Medically accurate information that is supported by research by medical, psychological, scientific, governmental, or public health publications, organizations, or agencies; and  (C) Evidence-based or evidence-informed practice.            (12) Secondary prevention strategy means a plan of action that encourages reducing risks associated with risk behaviors; and  (13) Strength-based means founded on the following:  
 (a)  (1) If an education program concerning risk behavior is provided to a youth by or through a state agency or public school, the education program shall utilize a primary prevention and risk avoidance program.  (2) Secondary prevention strategies that focus on risk reduction rather than risk avoidance may be used only after a primary prevention and risk avoidance strategy has been used.    (b)  (1) A state agency or public school may partner or contract with a person, firm, corporation, or other organization to provide a primary prevention and risk avoidance program or training under this subchapter.  (2) In order to ensure consistency among primary prevention strategies across the state, a program partner or contracted provider shall receive training from a trainer that shall:  (A) Have experience in providing primary prevention and risk avoidance programs;  (B) Have a reference from one (1) or more school districts;  (C) Have as its foundation programming based on:  (i) Risk avoidance;  (ii) Evidence-based information; or  (iii) Evidence-informed information; and    (D) Have at least five (5) years of experience in:  (i) Training;  (ii) Implementing programs in the classroom and the community; and  (iii) Collaborating with one (1) or more school districts and one (1) or more communities.        
 (a) Any additional compensation or allowances which may be made available to professional health service personnel at the University of Arkansas for Medical Sciences campus may also be made available to those in comparable positions in all divisions or offices of the Department of Human Services.  (b) Professional health service personnel shall be limited to all nursing, occupational therapy, and physical therapy classifications.  
 (a) As used in this section, birthing facility means an inpatient or ambulatory healthcare facility licensed by the Department of Health that provides birthing services or newborn care services, or both.  (b) Birthing facilities shall begin pulse oximetry testing for critical congenital heart defects on all newborns before discharge from the birthing facility no fewer than ninety (90) days and no more than one hundred eighty (180) days after the Department of Health complies with subsection (d) of this section.  (c) To facilitate pulse oximetry testing for critical congenital heart defects on all newborns in the State of Arkansas before discharge from a birthing facility, Arkansas Children's Hospital shall:  (1) Provide written guidance on evidence-based guidelines on development of hospital policies and procedures related to pulse oximetry screening in newborns to the Department of Health and, on request, to an individual birthing facility;  (2) Provide the Department of Health with an educational document that may be distributed to parents or legal guardians of newborns regarding:  (A) The need for and performance of the pulse oximetry test;  (B) Methods for conducting the screening; and  (C) Common strategies for follow-up care in infants with abnormal screening results; and    (3) Through its Department of Pediatrics, provide to a birthing facility training and on-site technical assistance upon request in the performance of pulse oximetry testing.    (d) To facilitate pulse oximetry testing for critical congenital heart defects on all newborns in the State of Arkansas before discharge from a birthing facility, the Department of Health shall:  (1) Develop an appropriate and functional system allowing for electronic submission of pulse oximetry test results by the hospital; and  (2) Provide technical assistance and training to the birthing facilities on the use of the system.    (e) Testing results submitted to and compiled by the Department of Health under this section are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967,  25-19-101 et seq.  (f) The Department of Health shall not require the performance of a pulse oximetry test on a newborn if the parents or a legal guardian of the newborn object to the testing on medical, religious, or philosophical grounds.  
 (a) As used in this section:  (1) Maintenance of certification means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and  (2) Specialty medical board certification means a certification by a board that:  (A) Specializes in one (1) particular area of medicine; and  (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.      (b)  (1) Except as required by medical staff bylaws of a hospital, a hospital licensed by the Department of Health shall not deny physician hospital staff or admitting privileges or employment based solely on the absence of maintenance of certification.  (2) Subdivision (b)(1) of this section does not prevent a hospital from requiring physicians to undergo remedial or corrective courses or training as required by a quality improvement committee.    
 This subchapter shall be known and may be cited as the Acute Stroke Care Act of 2005. 
 The General Assembly finds that:   (1) The citizens of the State of Arkansas are entitled to the maximum protection which is practicable from the effects of strokes;  (2) Each year about seven hundred thousand (700,000) Americans experience a new or recurrent stroke;  (3) On average, a stroke strikes someone every forty-five (45) seconds, and someone dies of a stroke every three and one-tenth (3.1) minutes;  (4) Stroke is the leading cause of serious, long-term disability in the United States, with about four million seven hundred thousand (4,700,000) stroke survivors alive today;  (5) Stroke is the third leading cause of death in the United States, causing fifty-seven and seven-tenths (57.7) deaths per one hundred thousand (100,000) population; and  (6) In Arkansas, the death rate from stroke is seventy-five and nine-tenths (75.9) per one hundred thousand (100,000), the highest in the nation.  
 (a) There is created the Acute Stroke Care Task Force to consist of twelve (12) members.  (b) The Secretary of the Department of Health shall appoint:  (1) One (1) member to represent the Department of Health;  (2) One (1) member to represent the American Heart Association and the American Stroke Association;  (3) One (1) member to represent the Arkansas Minority Health Commission;  (4) One (1) member to represent the Arkansas Hospital Association, Inc.;  (5) One (1) member to represent the Arkansas Foundation for Medical Care, Inc.;  (6) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences;  (7) One (1) member to represent the Division of Medical Services;  (8) One (1) member to represent emergency medical services;  (9) One (1) member to represent the Arkansas Medical Society, Inc.;  (10) One (1) member to represent the medical insurance industry;  (11) One (1) member to represent the community at large; and  (12) One (1) member to represent the Arkansas Medical, Dental, and Pharmaceutical Association, Inc.    (c)  (1) Except for the initial members, task force members shall serve three-year terms.  (2) The initial members shall be assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year.    (d) If a vacancy occurs, the secretary shall appoint a person who represents the same constituency as the member being replaced.  (e) The task force shall elect one (1) of its members to act as chair for a term of one (1) year.  (f) A majority of the members shall constitute a quorum for the transaction of business.  (g) The task force shall meet as necessary to further the intent and purpose of this subchapter.  (h) The Department of Health shall provide office space and staff for the task force.  (i) Members of the task force shall serve without pay but may receive expense reimbursement in accordance with  25-16-902 if funds are available.  
 The Acute Stroke Care Task Force shall:   (1) Make recommendations to the State Board of Health consistent with the intent and purpose of this subchapter;  (2) Pursue both public and private funding to further the intent of this subchapter; and  (3) Develop standards and policy recommendations considering, but not limited to, the following:  (A) Methods for raising public awareness of the prevalence and treatment considerations for strokes;  (B) The professional development of emergency medical services professionals to identify victims of potential stroke;  (C) The professional development of emergency room and hospital personnel to identify and treat victims of potential stroke;  (D) Methods for encouraging the use of thrombolytics, clot-busting drugs, or other accepted or emerging treatments, when appropriate;  (E) Methods for ensuring that a comprehensive range of stroke recovery services are available to Arkansans as they recover physical and mental functions affected by a stroke;  (F) Methods for developing stroke treatment centers; and  (G) Methods for developing a stroke registry for Arkansas.    
 The State Board of Health, after consultation with the Acute Stroke Care Task Force and if funds are available, may promulgate rules to further the intent of this subchapter. 
 This subchapter shall be known as the Cervical Cancer Care Act of 2005. 
 (a) There is created the Cervical Cancer Task Force to consist of twelve (12) members.  (b) The Secretary of the Department of Health shall appoint:  (1) One (1) member to represent the Department of Health;  (2) One (1) member to represent the American Cancer Society;  (3) One (1) member to represent the Arkansas Minority Health Commission;  (4) One (1) member to represent the Arkansas Hospital Association, Inc.;  (5) One (1) member to represent the Arkansas Foundation for Medical Care, Inc.;  (6) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences;  (7) One (1) member to represent the Division of Medical Services;  (8) One (1) member to represent primary care physicians;  (9) One (1) member to represent the Arkansas Medical Society, Inc.;  (10) One (1) member to represent the medical insurance industry;  (11) One (1) member to represent the community at large; and  (12) One (1) member to represent the Arkansas Medical, Dental, and Pharmaceutical Association, Inc.    (c)  (1) Except for the initial members, task force members shall serve three-year terms.  (2) The initial members shall be assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year.    (d) If a vacancy occurs, the secretary shall appoint a person who represents the same constituency as the member being replaced.  (e) The task force shall elect one (1) of its members to act as chair for a term of one (1) year.  (f) A majority of the members shall constitute a quorum for the transaction of business.  (g) The task force shall meet as necessary to further the intent and purpose of this subchapter.  (h) The Department of Health shall provide meeting space and administrative support for the task force.  (i) Members of the task force shall serve without pay but may receive expense reimbursement in accordance with  25-16-902 if funds are available.  
 (a) The Cervical Cancer Task Force shall:  (1) Make recommendations to the Breast Cancer Control Advisory Board consistent with the intent of this subchapter;  (2) Pursue both public and private funding to further the intent of this subchapter; and  (3) Develop standards and policy recommendations considering, but not limited to, the following:  (A) Methods for raising public awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer;  (B) Methods for raising the medical community's awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer; and  (C) Methods for ensuring that services across the spectrum of causes, prevention, screening, evaluation, and treatment are available to women in Arkansas.      (b) The Arkansas Central Cancer Registry of the Department of Health shall provide an annual cervical cancer report to the task force.  
 After consultation with the Cervical Cancer Task Force and if funds are available, the State Board of Health may promulgate rules to further the intent of this subchapter. 
 This subchapter shall be known and may be cited as the Health Facility Infection Disclosure Act of 2007. 
 As used in this subchapter:   (1)  (A) Health facility means any of the following facilities:  (i) A hospital, outpatient surgery center, public health center, or recuperation center, as those facilities are defined in  20-9-201; and  (ii) Any other facility determined to be a source of healthcare-associated infections and designated as such by the Department of Health.    (B) Health facility does not include:  (i) A physician's office unless the office is otherwise licensed as an outpatient surgery center; or  (ii) An establishment furnishing primarily domiciliary care;      (2) Healthcare-associated infection means a localized or systemic condition in a person that:  (A) Results from adverse reaction to the presence of an infectious agent or a toxin of an infectious agent; and  (B) Was not present or incubating in the person at the time of admission to the health facility; and    (3) National Healthcare Safety Network means the secure, internet-based surveillance system managed by the Division of Healthcare Quality Promotion at the Centers for Disease Control and Prevention created by the Centers for Disease Control and Prevention for accumulating, exchanging, and integrating relevant information on infectious adverse events associated with healthcare delivery.  
 (a) A health facility shall collect data on healthcare-associated infection rates for the following:  (1) Central line-associated bloodstream infections in an intensive care unit; and  (2) Other categories as provided under  20-9-1204(e).    (b)  (1)  (A) A health facility may voluntarily submit quarterly reports to the Department of Health on the health facility's healthcare-associated infection rates.  (B)  (i) If a health facility elects to submit quarterly reports, the reports shall be submitted to the department:  (a) In a format prescribed by the department; and  (b) By April 30, July 31, October 31, and January 31 of each year.    (ii) Each quarterly report shall cover the immediately preceding calendar quarter.    (C) Data in the quarterly reports shall cover a period ending not earlier than one (1) month before the submission of the report.    (2) If the health facility is a division or subsidiary of another entity that owns or operates other health facilities, the quarterly report shall be for the specific division or subsidiary and not for the other entity.    (c)  (1) A health facility participating in the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program or its successor shall authorize the department to have access to the following information that the health facility submits to the National Healthcare Safety Network:  (A) The name of the health facility; and  (B) Any information submitted to the National Healthcare Safety Network in order to satisfy the requirements of the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program.    (2) The information contained in the National Healthcare Safety Network database and obtained by the department under this section may be used by the department for surveillance and prevention purposes only and shall not be used for regulatory purposes.    
 (a) The Secretary of the Department of Health shall appoint an Advisory Committee on Healthcare Acquired Infections, including without limitation representatives of:  (1) Public and private hospitals, including representatives of hospitals with fewer than fifty (50) beds and representatives of hospitals with more than fifty (50) beds;  (2) Outpatient surgery centers;  (3) Direct-care nursing staff;  (4) Physicians;  (5) Infection-control professionals with expertise in healthcare-associated infections;  (6) Academic researchers; and  (7) At least one (1) representative of a consumer organization.    (b) The committee shall assist the Department of Health in the development of all aspects of the department's methodology for collecting, analyzing, and disclosing the data collected under this subchapter, including without limitation:  (1) Collection methods;  (2) Formatting; and  (3) Methods and means for the release and dissemination of the data.    (c)  (1) In developing the methodology for collecting and analyzing the infection-rate data, the department and the committee shall consider existing methodologies and systems for data collection.  (2) Any data collection and analytical methodologies used shall be:  (A) Capable of being validated; and  (B) Based upon nationally recognized and recommended standards that may include those developed by the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the United States Agency for Healthcare Research and Quality, or the National Quality Forum.    (3) The proposed data collection and analysis methodology shall be disclosed for public comment before any public disclosure of healthcare-associated infection rates in an annual report under  20-9-1205.  (4)  (A) The data collection and analysis methodology shall be presented to all health facilities in this state on or before September 1, 2008.  (B) The methodology may be amended based upon input from the health facilities.    (5)  (A) The first voluntary quarterly report under  20-9-1203(b) shall be presented to the department on or before January 31, 2009.  (B) Health facilities may begin voluntarily reporting data on January 31, 2009, or at any time thereafter.      (d) The department and the committee shall evaluate on a regular basis the quality and accuracy of health facility data reported under this subchapter and the data collection, analysis, and dissemination methodologies used under this subchapter.  (e) After release of the second annual report published under  20-9-1205 and upon consultation with the committee and with other technical advisors who are recognized experts in the prevention, identification, and control of healthcare-associated infections and the reporting of performance data, the department may add categories of infections to those set forth in  20-9-1203(a) in compliance with the Arkansas Administrative Procedure Act,  25-15-201 et seq.  
 (a)  (1)  (A) In consultation with the Advisory Committee on Healthcare Acquired Infections, the Department of Health shall submit annually a report summarizing the health facility quarterly reports required under this subchapter to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor.  (B) No health-facility-identifiable data shall be included in the annual report, but aggregate statistical data may be included.    (2) The department shall publish the annual report on the department's website.  (3) The first annual report shall be submitted and published on or before January 1, 2010.    (b) The annual report prepared by the department under this subchapter regarding healthcare-associated infections shall be appropriately risk-adjusted.  (c) The annual report shall include an executive summary written in plain language that shall include without limitation:  (1) A discussion of findings, conclusions, and trends concerning the overall status of healthcare-associated infections in the state, including a comparison to previous years; and  (2) Policy recommendations of the department and the committee.    (d) The annual report shall be made available to any person upon request.  (e) No health facility report or department disclosure shall contain information identifying a patient, employee, or healthcare professional in connection with a specific infection incident.  (f) No annual report or other department disclosure shall contain information that identifies or could be used to identify a specific health facility.  (g)  (1) As part of the process of preparing the annual report, effective safeguards to protect against the dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective health facility data shall be developed and implemented.  (2) These safeguards may include the exclusion of certain data or data from health facilities with a low volume of patients or procedures if the use of the data would skew the results reported.    (h) The department shall develop, with the assistance of the committee, a process of regular and confidential feedback for health facilities regarding the data collected so that each health facility's data will be available to that health facility for its quality improvement efforts.  
 (a) It is the intent of the General Assembly that a patient's right of confidentiality shall not be violated in any manner under this subchapter.  (b) Social Security numbers and any other information that could be used to identify an individual patient shall not be released under this subchapter.  (c) Except for the annual report that shall be a public document available to any person upon request, any data and materials collected or compiled by a health facility or obtained by the Department of Health under this subchapter shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating quality of medical or hospital care are exempt under  16-46-105(a)(1) and shall not be admissible in any legal proceeding.  (d) Data collected and reported under this subchapter shall not be deemed to have established a standard of care for any purposes in a private civil litigation.  
 The State Board of Health shall promulgate rules to implement this subchapter. 
 This subchapter is contingent upon the appropriation and availability of funding necessary for the Department of Health to implement its provisions, and any requirements that actions be accomplished by a specific date shall be extended until the necessary funding is available. 
 This subchapter shall be known and may be cited as the Arkansas Peer Review Fairness Act. 
 (a) The General Assembly finds that:  (1) The peer review process is well established as an acceptable means of monitoring quality and improving care within an institution;  (2)  (A) The peer review process faces unique challenges in the hospital setting compared to other healthcare settings due to the interdependent relationship between the hospital and medical staff, which can impact professional review activities.  (B) Peer review that is not conducted fairly results in harm to both patients and physicians by limiting access to care and patient choice; and    (3) It is necessary to balance carefully the rights of patients who benefit by properly conducted peer review with the rights of those who may be harmed by improper peer review.    (b) The General Assembly intends that peer review be conducted fairly for the benefit of the citizens of the State of Arkansas.  
 As used in this subchapter:   (1) Adversely affect, when used in reference to clinical privileges or medical staff membership, means deny, reduce, restrict, suspend, revoke, or fail to renew;  (2) Conflict of interest means a personal or financial interest that would lead an objective person to conclude that it would be difficult for the person in those circumstances to make a fair and impartial decision in a professional review activity with regard to a particular physician;  (3) Hospital means a healthcare facility licensed as a hospital by the Division of Health Facilities Services under  20-9-213;  (4)  (A) Investigation means a process conducted by a professional review body to:  (i) Obtain and make a detailed examination of the facts related to an identified concern about a specific physician; and  (ii) Determine whether a professional review action should be requested or recommended.    (B) Investigation does not include the following:  (i) A preliminary review to obtain basic information related to a concern or complaint about a physician in order to determine whether an investigation should commence;  (ii) Routine quality assurance, case review, utilization review, and performance improvement activities that take place within a hospital; or  (iii) Collegial interventions, ongoing physician practice evaluations and focused physician practice evaluations, and other peer-to-peer performance improvement interventions that are not intended to, and do not, impact a physician's clinical privileges or hospital medical staff membership;      (5) Medical staff means the physicians who are approved and given privileges to provide health care to patients in the hospital;  (6) Professional review action means an action or recommendation of a professional review body that is taken or made in the conduct of professional review activity and that:  (A) Is based on an individual physician's competence or professional conduct that adversely affects or could adversely affect the health or welfare of a patient or patients; and  (B) Adversely affects or may adversely affect the medical staff membership or clinical privileges of the physician;    (7)  (A) Professional review activity means an activity with respect to an individual physician:  (i) To determine whether the physician may have clinical privileges at a hospital or membership on the hospital's medical staff;  (ii) To determine the scope or conditions of clinical privileges or medical staff membership; or  (iii) To change or modify such clinical privileges or medical staff membership.    (B) Professional review activity includes an investigation, as defined in this section; and    (8) Professional review body means a hospital, its governing body, or its medical staff when any of these bodies are conducting a professional review activity.  
 (a) Professional review activity shall be conducted and professional review actions shall be taken in compliance with the requirements of the Health Care Quality Improvement Act of 1986, 42 U.S.C.  11101 et seq., and the additional requirements of this subchapter.  (b)  (1) If at any meeting or hearing held in the course of a professional review activity, an attorney is participating on behalf of a professional review body and the physician under review is present, then the physician under review shall be permitted to have the attorney of the physician present.  (2) Subdivision (b)(1) of this section does not:  (A) Entitle the attorney of the physician to appear at any meeting or hearing where an attorney participating on behalf of the peer review body is not present, except as provided in  20-9-1310;  (B) Prohibit confidential attorney-client communications by any party; or  (C) Prohibit a professional review body from meeting in private with its attorney.      (c) The General Assembly encourages:  (1) Professional review bodies to use separate legal counsel from the legal counsel used by the hospital; and  (2) Medical staff to obtain independent legal counsel to review medical staff bylaws to ensure that the bylaws contain provisions that comply with this subchapter.    (d)  (1) A physician engaged in professional review activities shall exercise unbiased, independent, and professional judgment when evaluating another physician.  (2) A hospital shall not take action against or otherwise retaliate against a physician for exercising unbiased, independent, and professional judgment when evaluating another physician during the course of a professional review activity.    
 (a) If failure to take a professional review action may result in an imminent danger to the health of any individual, the hospital may immediately suspend or restrict the medical staff membership or clinical privileges of a physician.  (b) If an action is taken under subsection (a) of this section, then the hospital shall follow all the other provisions of this subchapter as soon as practicable following the suspension or restriction.  (c) In the case of a suspension or restriction of clinical privileges, for a period of not longer than fourteen (14) days, during which an investigation is being conducted to determine the need for a professional review action:  (1) No hearing is required to be held regarding the suspension;  (2) The parties shall comply with  20-9-1309 and all other applicable provisions of this subchapter; and  (3) The physician shall be given the opportunity to discuss the case with the individual or individuals conducting the investigation during the fourteen (14) days before any recommendation or decision is made about continuing the suspension or restriction.    
 (a)  (1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation  16-46-105(a)(1) and  20-9-503.  (2) This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient.    (b) This subchapter does not:  (1) Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986, 42 U.S.C.  11101 et seq., or the confidentiality or immunity provisions of  16-46-105,  17-1-102, or  20-9-501 et seq.; or  (2) Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action.    
 (a) A physician shall be informed in writing within five (5) business days of the date that the physician becomes a subject of an investigation.  (b) Before a professional review body makes a recommendation as a result of an investigation, the physician under review shall be given an opportunity to have a meeting with the professional review body to discuss the matter without the presence of attorneys.  (c)  (1)  (A) If the professional review body decides to use an external review during the investigation, physicians serving on the professional review body that is conducting the investigation are responsible for selecting any external reviewers and the method of selecting cases for review.  (B) However, the physicians serving on the professional review body may seek input regarding the selection described under subdivision (c)(1)(A) of this section from the physician under review or other individuals.    (2) The physician under review shall be included on any substantive communications by any party with the external reviewers selected under subdivision (c)(1)(A) of this section.    (d) At the conclusion of the investigation, the physician under review shall be informed of the determination of the professional review body.  
 (a)  (1) A physician who is the subject of a proposed professional review action shall be given notice of the proposed professional review action, the basis for the proposed professional review action, and the right to a hearing.  (2) Subdivision (a)(1) of this section does not entitle a physician to a hearing if the proposed professional review action will not adversely affect the physician's clinical privileges or medical staff membership.    (b)  (1) A hearing shall be held before a hearing officer, arbitrator, hearing panel, or combination of hearing officer, arbitrator, or hearing panel.  (2) A hearing officer or arbitrator shall:  (A) Be independent of all parties involved;  (B) Have no conflict of interest; and  (C) Not:  (i) Have served as an attorney for the hospital or the physician under review at any time within two (2) years before the hearing date; or  (ii) Be affiliated with a law firm that has represented the hospital or the physician under review at any time within two (2) years before the hearing date.      (3)  (A) The medical staff bylaws shall govern the appointment of members of a hearing panel subject to the requirements of this subsection.  (B) The members of a hearing panel may be members of the medical staff of the hospital.  (C) The members of the hearing panel shall:  (i) Disclose any potential conflicts of interest before the hearing; and  (ii) Agree to exercise unbiased, independent, and professional judgment when evaluating the competence or professional conduct of the physician under review.      (4)  (A) A physician under review shall have a reasonable opportunity to raise the issue of a potential conflict of interest or other concern related to a hearing officer, arbitrator, or member of a hearing panel.  (B) The medical staff bylaws shall establish a process for considering and resolving any potential conflicts of interest.      (c)  (1) Before the hearing, the professional review body and the physician under review shall provide the opposing party with a list of any witnesses expected to testify and copies of any documents expected to be introduced at the hearing.  (2) In advance of the hearing, the hospital administration, professional review body, and the physician under review shall disclose all relevant information to each other.    (d) At the hearing, the physician under review shall have the right to:  (1) Be present and present evidence on his or her own behalf;  (2) Be represented by an attorney or another individual of the physician's choice at the hearing;  (3) Call, examine, and cross-examine witnesses; and  (4) Submit a written statement.    (e) Upon completion of the hearing, the physician under review has a right to receive:  (1) The written recommendation of the hearing officer, arbitrator, or hearing panel, including a statement of the basis of the recommendation; and  (2) A copy of the record of the hearing upon request and payment of any reasonable charges for the preparation of the record.    (f) After the hospital takes final action on the recommendation from the hearing, the physician under review is entitled to receive a written decision, including a statement of the basis for the decision.  (g) Any dispute over the relevancy or method of discovery or any other dispute that arises during the hearing process shall be resolved by the hearing officer, arbitrator, or hearing panel.  
 (a) Unless part of a mutually agreed upon mediation or settlement, a provision in an agreement, policy, procedure, or contract, including bylaws, that purports to waive any provision of this subchapter is void.  (b) However, the time periods for compliance with procedural requirements may be waived by mutual consent of the parties on a case-by-case basis.  
 On and after August 1, 2017, this subchapter shall apply to any investigation or professional review activity at any stage. 
 (a) Within sixty (60) days of a final decision that adversely affects a physician, a physician may file a petition to remedy a violation of this subchapter by filing the petition in:  (1) The circuit court of the county in which the professional review activity occurred; or  (2) The circuit court of an adjoining county.    (b)  (1) After receiving a petition, the court shall review the record of the professional review activities and professional review action.  (2) The record shall consist of:  (A) The transcripts and minutes of any meetings or hearings;  (B) Correspondence;  (C) Internal and external reviews; and  (D) All other relevant information pertaining to the matter before the professional review body.    (3) The hospital shall transmit the record, but the court may require or permit subsequent corrections or additions to the record.  (4) The review conducted by the court shall be confined to the record, except upon a showing of good cause to go beyond the record.  (5) The court may hear, upon request, oral arguments and receive written briefs.  (6) Absent a showing of bad faith, a member of the medical staff who participated in the professional review activity shall not be compelled to testify in court under this subsection.    (c) Except as provided in subsection (e) of this section, the court may order any relief within the purview of the circuit court to remedy the violation of this subchapter.  (d)  (1) If a physician prevails under this section, the physician shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court.  (2) A defendant who prevails shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court to the extent permitted under the Health Care Quality Improvement Act of 1986, 42 U.S.C.  11113, as existing on January 1, 2017.    (e) Except as expressly permitted by state law or federal law, a professional review body or its members, agents, or employees are not liable for civil damages as a result of making a decision or recommendation in good faith in connection with a professional review activity or professional review action or furnishing any records, information, or assistance in good faith to a professional review body in connection with a professional review activity.  (f)  (1) The remedies provided for in this section do not supplant any other remedy available under law to a physician.  (2) If a physician has more than one (1) cause of action, all causes of action may be joined in the same pleading.    
 As used in this subchapter:   (1) Child care facility means a facility licensed under the Child Care Facility Licensing Act,  20-78-201 et seq.;  (2) Freestanding birthing center means a facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which births are planned to occur in a homelike atmosphere away from the mothers' residences following a low-risk pregnancy;  (3) Hospital means an institution that has been licensed, certified, or approved by the Division of Health Facilities Services as a hospital;  (4)  (A) Maternity unit means a unit or place in a hospital in which women are regularly received and provided care during all or part of the maternity cycle.  (B) Maternity unit does not include an emergency department or similar place dedicated to providing emergency health care;    (5) Parent means:  (A) Either parent;  (B) If the parents are separated or divorced or their marriage has been dissolved or annulled, the parent who is the residential parent and legal custodian of the child; and  (C) A prospective adoptive parent with whom a child is placed; and    (6) Shaken baby syndrome means signs and symptoms resulting from the violent shaking or the shaking and impacting of the head of an infant or child, including without limitation:  (A) Retinal hemorrhage;  (B) Subdural hematoma; and  (C) Cerebral edema.    
 (a) The Secretary of the Department of Health shall establish the shaken baby syndrome education program by:  (1) Not later than one (1) year after August 16, 2013, developing educational materials that present readily comprehensible information for new parents on shaken baby syndrome; and  (2) Making available on the Department of Health website in an easily accessible format the educational materials developed under subdivision (a)(1) of this section.    (b)  (1) An individual or entity may create educational materials concerning shaken baby syndrome.  (2) An individual or entity that develops educational materials under subdivision (b)(1) of this section shall submit the materials for approval by the department before distributing the educational materials.  (3) If the department approves educational materials submitted under subdivision (b)(2) of this section, the individual or entity may distribute the educational materials at the individual's or entity's expense.    (c)  (1) Annually beginning on or before January 1, 2014, the secretary shall assess the effectiveness of the shaken baby syndrome education program.  (2) The department shall submit a biennial report of the assessment under subdivision (c)(1) of this section to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor.    
 (a) A copy of the shaken baby syndrome educational materials developed under  20-9-1402 or comparable material shall be distributed:  (1) By a child birth educator, a pediatric physician's office, or an obstetrician's office to an expectant parent who uses the services of the child birth educator or staff;  (2) By a hospital or freestanding birthing center in which a child is born to the child's parent who is present at the hospital or freestanding birthing center before the child is discharged from the facility;  (3) By a child care facility to the parent with whom the child resides; and  (4) By a child care facility to each employee of the child care facility.    (b) An entity or a person required to distribute educational materials under subsection (a) of this section is not subject to civil or criminal liability for an injury, a death, or a loss to a person or property resulting from the dissemination of, or failure to disseminate, the educational materials.  
 (a) At the conclusion of a child maltreatment investigation under the Child Maltreatment Act,  12-18-101 et seq., if a child has been shaken or has an abusive or nonaccidental head trauma, the investigative agency shall identify the type of physical abuse in the child welfare information system.  (b) The Department of Human Services shall include data on the number of children who suffer abusive head trauma, nonaccidental head trauma, and shaken baby syndrome in the annual Arkansas Child Welfare Report Card required under  9-32-204.  
 The State Board of Health shall adopt rules to implement this subchapter. 
 As used in this subchapter:   (1) Administrator means the chief administrative officer in the Division of Health Facilities Services;  (2) Alcohol and drug abuse inpatient treatment center means a distinct unit within a hospital facility in which services are provided for the diagnosis, treatment, and rehabilitation of alcohol and drug abuse;  (3) Federal act means the Hospital Survey and Construction Act, Pub. L. No. 79-725;  (4)  (A) Hospital means a public health center, a general, tuberculosis, mental, or chronic disease hospital, or a related facility such as a laboratory, outpatient department, nurses home or training facility, or a central service facility operated in connection with a hospital.  (B) Hospital does not include an establishment:  (i) Furnishing primarily domiciliary care; or  (ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;      (5)  (A) Institution means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor, suffering from illness, injury, or deformity, or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.  (B) Institution also includes an outpatient surgery center, outpatient psychiatric center, and infirmary.  (C) Institution does not include an establishment:  (i) Operated by the United States Government or by any of its agencies; or  (ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;      (6) Medical facility means a diagnostic or diagnostic and treatment center, or rehabilitation facility, as these terms are defined in the federal act, and any other medical facility for which federal aid may be authorized under federal law;  (7) Nonprofit hospital or nonprofit medical facility means a hospital or medical facility owned and operated by one (1) or more persons or a corporation or association, no part of the net earnings of which inures to the benefit of any shareholder or individual;  (8)  (A) Outpatient psychiatric center means a facility in which psychiatric services are offered for a period of eight (8) to sixteen (16) hours a day, and where, in the opinion of the attending psychiatrist, hospitalization, as defined in the present licensure law, is not necessary.  (B) Outpatient psychiatric center does not include community mental health clinics and centers as they now exist;    (9)  (A) Outpatient surgery center means a facility in which surgical services are offered that require the use of general or intravenous anesthetics and where, in the opinion of the attending physician, hospitalization, as defined in the present licensure law, is not necessary.  (B) Outpatient surgery center does not include:  (i) A medical office owned and operated by a physician or more than one (1) physician licensed by the Arkansas State Medical Board, if the medical office does not bill facility fees to a third party payor; or  (ii) A dental office that has a Facility Permit for Moderate Sedation or a Facility Permit for General/Deep Sedation issued by the Arkansas State Board of Dental Examiners;      (10) Public health center means a publicly owned facility for the provision of public health services and includes related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers;  (11)  (A) Recuperation center means an establishment with permanent facilities that include inpatient beds, with an organized medical staff, and with medical services including physicians' services and continuous nursing services to provide treatment for patients who are not in an acute phase of illness but who currently require primarily convalescent or restorative service that is usually post-acute hospital care of relatively short duration.  (B) Recuperation center does not include an establishment furnishing primarily domiciliary care; and    (12) Surgeon General means the United States Surgeon General.  
 (a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution without first obtaining a license therefor as provided or violating any provision of this subchapter or rules lawfully promulgated under this subchapter shall be guilty of a violation.  (b) Upon conviction, the person shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent offense.  (c) Each day the institution shall operate after a first conviction shall be considered a subsequent offense.  
 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. 
 (a) There is established in the Department of Health a Division of Health Facilities Services, which shall be administered by a full-time salaried administrator under the supervision and direction of the Secretary of the Department of Health.  (b) The Department of Health, through the division, is the sole agency of the state for the purpose of:  (1) Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of construction as provided in this subchapter;  (2) Developing and administering a state plan for the construction of public and other nonprofit hospitals and medical facilities as provided; and  (3) Inspecting, regulating, and licensing hospitals and institutions.    
 (a) In carrying out this subchapter, the State Board of Health is empowered and directed to:  (1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate the purposes of this subchapter;  (2) Provide methods of administration of the Division of Health Facilities Services;  (3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis;  (4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private;  (5) Accept on behalf of the state, and deposit with the Treasurer of State, any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out the purposes of this subchapter, and expend such funds accordingly;  (6) Make an annual report to the Secretary of the Department of Health on activities and expenditures made pursuant to this subchapter;  (7) Procure the services of an attorney to assist the Department of Health in any legal work involved in carrying out the duties of the Department of Health and to pay for the services on a fee-for-service or retainer basis; and  (8) Prescribe and enforce such reasonable rules as are necessary to adopt a uniform billing form for hospitals within the state and to prescribe penalties for the failure or refusal to utilize and accept such forms. However, the form must be acceptable by Medicare and its intermediaries within the state and consistent with the form adopted at the federal level by Medicare and the National Uniform Billing Committee.    (b) The Department of Health shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of the purposes of this subchapter. The rules and standards shall be modified, amended, or rescinded, from time to time, by the Department of Health as may be in the public interest.  
 (a) The State Board of Health is empowered and directed to make an inventory of existing hospitals and medical facilities including public, nonprofit, and proprietary hospitals and medical facilities, to survey the need for construction of hospitals and medical facilities and, on the basis of the inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital and medical facility services to the people of the state in accordance with the regulations prescribed by the federal act.  (b) The construction program shall provide, in accordance with regulations prescribed by the federal act, for adequate hospital and medical facilities for the people of the state, and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facility services reasonably accessible to all persons in the state.  
 (a) The State Board of Health may make application to the United States Surgeon General for and receive federal funds to assist in carrying out the survey and planning activities provided in  20-9-206(a) and  20-10-217(a).  (b) The funds shall be deposited with the Treasurer of State as a trust fund designated the Hospital and Medical Facility Survey and Planning Fund, which shall be kept separate and apart from all public funds of the state and shall be available to the Department of Health for expenditure in carrying out the survey and planning activities provided.  (c) Any funds received and not expended for such purposes shall be repaid to the United States Treasury.  (d) Warrants for all payments from the fund shall bear the signature of the Secretary of the Department of Health or his or her agent.  
 (a)  (1) The State Board of Health shall prepare and submit to the United States Surgeon General a state plan which shall include the hospital and medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administration, and operation of hospital and medical facilities construction activities in accordance with the requirements of the federal act and regulations thereunder.  (2) The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need.    (b) Before the submission of the plan to the United States Surgeon General, the Department of Health shall give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in the plan may be given an opportunity to express their views.  (c) After approval of the plan by the United States Surgeon General, the department shall cause to be published a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations.  (d) The department shall from time to time review the construction program, submit to the United States Surgeon General any modifications of the program which it may find necessary, and may submit to the United States Surgeon General modifications of the state plan not inconsistent with the requirements of the federal act.  
 (a) Applications for hospital and medical facilities construction projects for which federal funds are requested shall be submitted to the State Board of Health and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency authorized to construct and operate a hospital or a medical facility.  (b) However, no application for a diagnostic or treatment center shall be approved unless the applicant is:  (1) The state, a political subdivision, or a public agency; or  (2) A person, corporation, or association which owns and operates a nonprofit hospital.    (c) Each application for a construction project shall conform to federal and state requirements.  (d) If, after affording reasonable opportunity for development and presentation of applications in the order of relative need, the Department of Health finds that a project application complies with subsection (a) of this section and is otherwise in conformity with the state plan, then it shall approve the application and shall recommend and forward it to the United States Surgeon General.  (e) The department by rule shall provide an opportunity for fair hearing and appeal to every applicant who is dissatisfied with any action regarding an application.  
 The State Board of Health shall from time to time cause to be inspected each construction project approved by the United States Surgeon General. If the inspection warrants, the Department of Health shall certify to the United States Surgeon General that work has been performed upon the project or purchases have been made in accordance with the approved plans and specifications and that payment of an installment of federal funds is due the applicant. 
 (a) The State Board of Health is empowered to receive federal funds in behalf of, and transmit them to, such applicants.  (b) Money received from the United States Government for a construction project shall be deposited with the Treasurer of State as a trust fund. The fund shall be separate from all public funds of the state and shall be used solely for payments due applicants for work performed or purchases made in carrying out approved projects.  (c) Warrants for all payments from the fund shall bear the signature of the Secretary of the Department of Health or his or her agent.  (d) The procedure provided in this section for the receipt and disbursement of such funds is not intended to deprive any applicant from receiving federal payments directly if, for any reason, the Department of Health or the Treasurer of State is not authorized to receive and transmit federal payments for certain construction projects to certain applicants.  
 (a) The State Board of Health shall require hospitals and other institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the Department of Health as may be promulgated in accordance with the federal act and federal rules and regulations.  (b) A hospital or institution, or the governing body thereof, shall comply with such minimum standards as may be prescribed by the department under the authority of this section even though federal aid may not be sought or received under this subchapter.  
 (a) No hospital, recuperation center, or related institution shall be established, conducted, or maintained in this state without obtaining a license.  (b) The State Board of Health may provide, by properly promulgating rules, for the issuance of a recuperation center license.  (c) The Department of Health may provide, by properly promulgating rules, for the issuance of permanent type licenses, subject to revocation.  
 (a) The State Board of Health shall issue licenses for the operation of institutions, subject to this subchapter, when the institutions are found to comply with the provisions of this subchapter and such rules as are lawfully promulgated by the Department of Health.  (b) The Department of Health may levy and collect the following annual fees for issuance of an annual license to hospitals or institutions:  (c)  (1) Applicants for license shall file applications under oath with the Department of Health upon forms prescribed by the Department of Health and shall pay an annual license fee as set forth in subsection (b) of this section, which shall be paid into the State Treasury or refunded to the applicant if a license is denied.  (2)  (A) The application shall be signed by the owner, if an individual or partnership, in the case of a corporation by two (2) of its officers, or in the case of a governmental unit by the head of the governmental department having jurisdiction over it.  (B) Applications shall set forth the full name and address of the institution for which the license is sought and such additional information as the Department of Health may require, including affirmative evidence of ability to comply with such reasonable standards and rules as may be lawfully prescribed in this subchapter.    (3) Applications for annual license renewal shall be postmarked no later than January 2 of the succeeding calendar year. License applications for existing institutions received after January 2 shall be subject to a penalty of one dollar ($1.00) per day for each day after January 2.    (d)  (1) Licenses issued under this section shall be effective on a calendar-year basis and shall expire on December 31 of each calendar year.  (2) A license shall be issued only for the premises and persons in the application and shall not be transferable.  (3) Licenses shall be posted in a conspicuous place on the licensed premises.    (e) All fees levied and collected under this subchapter are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.  (f) Subject to such rules as 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 the health facility services that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.    Per facility FY '98 FY '99 (unless otherwise noted) (1) Hospitals (per bed) $ 4.00 $ 6.00 (2) Ambulatory Surgery Center 1,000.00 1,000.00 (3) Hospital-Based Recuperation Center 160.00 275.00 (4) Freestanding Recuperation Center 2,000.00 2,000.00 (5) Hospital-Based Alcohol/Drug Unit 60.00 75.00 (6) Freestanding Alcohol/Drug Unit 1,000.00 1,000.00 (7) Hospital-Based Outpatient Psychiatric Center 60.00 75.00 (8) Freestanding Outpatient Psychiatric Center 1,000.00 1,000.00 (9) Infirmary 100.00 100.00 (10) Reissuance of license due to name/address change 100.00 100.00   Click to view table. 
 (a) The State Board of Health is empowered to deny, suspend, or revoke licenses on any of the following grounds:  (1) Violation of any of the provisions of this subchapter or the rules lawfully promulgated under this subchapter; or  (2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the institutions.    (b)  (1) If the Department of Health determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.  (2) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.    (c) Thereupon, the applicant or licensee shall be given a fair hearing and shall have the right to present such evidence as may be proper.  (d)  (1) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.  (2) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.  (3) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court under  20-9-216.    (e) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed pursuant to  20-9-216 or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.  (f) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rules.  (g) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.  
 (a) Any applicant or licensee who is dissatisfied with the decision of the State Board of Health or other body designated by the Department of Health or this subchapter as a result of the hearing provided in  20-9-215 may appeal to the Pulaski County Circuit Court for judicial review of the decision within fifteen (15) days after receiving notice of the decision.  (b) Thereupon, the department shall promptly certify and file in court the transcript of the hearing on which the decision is based.  (c) Findings of fact by the department shall be conclusive unless contrary to law on the evidence.  (d) If necessary, the court may remand the case to the department to take further evidence, and the department may thereupon make new or modified findings of fact which shall have like weight on review.  (e) The court may affirm, modify, or reverse the decision of the department, and either the applicant or licensee or the department may appeal from the court's decision in the manner provided by law with regard to appeals from the court.  (f) Pending final disposition of the matter, the status quo of the applicant or licensee shall be preserved.  
 (a) Before commencing alterations, additions, or new construction under this subchapter, a facility shall submit plans, including a plumbing plan that includes the plumbing as defined in  17-38-101 and the water supply line and sewage line designs, and specifications that have been prepared by a licensed architect or professional engineer to the Department of Health with respect to compliance with the applicable codes, rules, and standards.  (b) Plans and specifications as described in subsection (a) of this section shall be submitted according to procedures of the department.  (c)  (1) The Secretary of the Department of Health or his or her agent shall inspect each construction project approved by the United States Surgeon General.  (2) If the inspection so warrants, the secretary or his or her agent shall certify to the United States Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due the applicant.    
 (a) The Department of Health is empowered to license under this subchapter and  20-10-213  20-10-231 those hospitals which have discontinued inpatient services to continue to provide emergency services.  (b) The emergency services facilities shall be subject to inspection and to all other provisions of this subchapter and  20-10-213  20-10-231 and all rules promulgated under this subchapter and  20-10-213  20-10-231.  (c) Hospital emergency services facilities licensed under this section shall not be required to obtain a certificate of need or any other permit other than that prescribed by this section.  
 (a) As used in this section:  (1) Accrediting organization means an organization that awards accreditation or certification to hospitals or managed care organizations and has been recognized by the Centers for Medicare & Medicaid Services for deemed status, including without limitation The Joint Commission;  (2)  (A) Hospital means a facility used for the purpose of providing inpatient diagnostic care or treatment, including general medical care, surgical care, obstetrical care, psychiatric care, and specialized services or specialized treatment that is subject to the rules for hospitals in Arkansas.  (B) Hospital does not mean a facility primarily for the provision of long-term care;    (3) Inspection means the on-site review of the physical plant and practices as governed by the current rules of hospitals;  (4) Investigation means a specific inspection by the Division of Health Facilities Services related to a complaint or complaints; and  (5) Survey means the on-site formal review process of a hospital by the division at regular intervals to ensure compliance with applicable rules adopted by the Department of Health.    (b) The department shall make such inspections and surveys as it may prescribe by rule.  (c) Each hospital accredited by an accrediting organization shall be deemed by the department to be licensable without further survey by the personnel of the division if:  (1) The hospital holds current, full accreditation; and  (2) The division receives a copy of the hospital's official accreditation certificate and the complete report issued by an accrediting organization within thirty (30) days of receipt by the hospital from an accrediting organization.    (d) No hospital shall be required to submit accreditation by an accrediting organization, but whenever a hospital does not submit an accreditation certificate, the personnel of the department shall conduct such surveys as are prescribed by rule.  (e)  (1) Nothing in this section shall affect the right of an authorized representative of the department to enter upon or into the premises of a hospital at any time to make an inspection as part of an investigation when the department does so in response to a complaint or specific identifiable information that the hospital is not meeting minimum quality standards.  (2) If the division upon review of an accrediting organization report reasonably determines that a hospital may not be meeting state licensure standards, it may perform a survey of that hospital and take such steps as are necessary to enforce the standards of the department.    (f) A validation survey may be conducted on five percent (5%) of deemed hospitals during any calendar year to determine continued compliance with state rules.  (g) The department shall continue to have authority over new construction, renovations, and alterations of the hospitals as set forth in the current rules.  (h) All hospitals shall notify the division within thirty (30) days when there is a change in accreditation status.  (i) A staff member of the division may accompany an accrediting organization team that conducts any hospital accreditation survey as an ex officio member for the purpose of observation.  
 The Department of Health shall make an annual report of its activities and operations under this subchapter to the Governor and shall make such information available to the General Assembly as may be requested. 
 (a) Information received by the Department of Health through inspection, or otherwise, authorized under this subchapter, shall not be disclosed publicly in such manner as to identify individuals or institutions except in a proceeding involving the question of licensing or revocation of a license.  (b)  (1) However, in the case of a specific written request by the deputy director of the appropriate division as determined by the Secretary of the Department of Human Services for information concerning a certain nursing home, information obtained during recent inspections of the home may be supplied in writing to the deputy director.  (2) This exception applies only to homes 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 deputy director of the appropriate division as determined by the secretary 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 by this section shall not be disclosed.    
 The Department of Health may levy and collect a fee for the issuance of an annual certification to child health management services clinics. The certification fee for a child health management services clinic shall be an annual fee of one thousand dollars ($1,000). 
 A medical office owned and operated by a physician or more than one (1) physician may apply for licensure by the State Board of Health as an outpatient surgery center. 
 (a) All public and private hospitals located and operated in this state shall post in some conspicuous place in each patient's room the daily room rates for both a private and a semiprivate room.  (b) Any hospital or person violating subsection (a) of this section shall be guilty of a violation and upon conviction shall be subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each violation.  
 (a)  (1) A clinic, health center, or other facility in which the pregnancies of ten (10) or more women known to be pregnant are willfully terminated or aborted in any month, including nonsurgical abortions, shall be licensed by the Department of Health.  (2)  (A) The department shall inspect a clinic, health center, or other facility at least annually, and inspections shall include without limitation:  (i) The facilities, equipment, and conditions of a clinic, health center, or other facility; and  (ii) A representative sample of procedures, techniques, medical records, informed consent signatures, and parental consent signatures.    (B) An inspector shall arrive at the clinic, health center, or other facility unannounced and without prior notice.      (b) The department shall:  (1) Adopt appropriate rules, regarding without limitation the facilities, equipment, procedures, techniques, medical records, informed consent signatures, parental consent signatures, and conditions of a clinic, health center, or other facility subject to the provisions of this section to assure at a minimum that:  (A) The facilities, equipment, procedures, techniques, and conditions of the clinic, health center, or other facility are aseptic and do not constitute a health hazard;  (B) The medical records, informed consent signatures, and parental consent signatures meet statutory requirements;  (C) The clinic, health center, or other facility provides to the patient on a twenty-four-hour basis telephone consultation with a registered nurse or physician associated with the clinic, health center, or other facility;  (D) The clinic, health center, or other facility has a written procedure for emergency transfer of a patient to an acute care facility, including a medical record form that contains information required for an emergency transfer to an acute care facility;  (E) The clinic, health center, or other facility is within thirty (30) miles of a hospital that provides gynecological or surgical services;  (F) The clinic, health center, or other facility has drugs, oxygen, intravenous fluids, and other emergency equipment on-site and readily available to stabilize a patient if necessary; and  (G) All staff at the clinic, health center, or other facility have documented current competency in cardiopulmonary resuscitation;    (2) Levy and collect an annual fee of five hundred dollars ($500) per facility for issuance of a permanent license to an abortion facility; and  (3)  (A) Deny, suspend, or revoke licenses on any of the following grounds:  (i) The violation of any provision of law or rule; or  (ii) The permitting, aiding, or abetting of the commission of any unlawful act in connection with the operation of the institutions.    (B)  (i) If the department determines to deny, suspend, or revoke a license, the department shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.  (ii) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.  (iii)  (a) The department shall issue an immediate suspension of a license if an investigation or survey determines that:  (1) The applicant or licensee is in violation of any state law or rule; and  (2) The violation or violations pose an imminent threat to the health, welfare, or safety of a patient.    (b)  (1) The department shall give the applicant or licensee written notice of the immediate suspension.  (2) The suspension of the license is effective upon the receipt of the written notice.      (iv) The denial, suspension, or revocation order shall remain in effect until all violations have been corrected.    (C) The applicant or licensee shall:  (i) Be given a fair hearing; and  (ii) Have the right to present evidence as may be proper.    (D)  (i) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.  (ii) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.  (iii) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court.    (E) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.  (F) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule.  (G) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.      (c)  (1) Applicants for a license shall file applications upon such forms as are prescribed by the department.  (2) A license shall be issued only for the premises and persons in the application and shall not be transferable.    (d)  (1) A license shall be effective on a calendar-year basis and shall expire on December 31 of each calendar year.  (2) Applications for annual license renewal shall be postmarked no later than January 2 of the succeeding calendar year.  (3) License applications for existing institutions received after that date shall be subject to a penalty of two dollars ($2.00) per day for each day after January 2.    (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 relative to the abortion clinics that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  (f) All fees levied and collected under this section are special revenues and shall be deposited into the State Treasury to be credited to the Public Health Fund.  
 (a) All information, interviews, reports, statements, memoranda, or other data of the State Board of Health, the Arkansas Medical Society, allied medical societies, or in-hospital staff committees of licensed hospitals, but not the original medical records pertaining to the patients, used in the course of medical studies for the purpose of reducing morbidity or mortality, as provided in this section, shall be strictly confidential and shall be used only for medical research.  (b) Any authorized person, hospital, sanatorium, nursing home, rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to any of the following for use in the course of studies for the purpose of reducing morbidity or mortality:  (1) The board;  (2) The Arkansas Medical Society or any committee or allied society thereof;  (3) Any other national medical organization approved by the board or any committee or allied medical society therein; or  (4) Any in-hospital staff committee of licensed hospitals.    (c) No liability for damages or other relief shall arise or be enforced against any authorized person, institution, or organization for:  (1) Providing the information or material;  (2) Releasing or publishing the findings and conclusions of the groups to advance medical research and medical education; or  (3) Releasing or publishing generally a summary of the studies.    (d)  (1) The identity of the person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances.  (2) Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor.    (e)  (1) Except for the original medical records pertaining to the patient, all information, interviews, reports, statements, memoranda, or other data furnished under this section and any findings or conclusions resulting from the studies are declared to be privileged communications that may not be used or offered or received in evidence in any legal proceeding of any kind.  (2) Except for the original medical records pertaining to the patient, any attempt to use or offer the information, interviews, reports, statements, memoranda or other data, findings, or conclusions, or any part thereof, shall constitute prejudicial error in any proceeding unless waived by the interested parties.    (f)  (1) Physicians and others appointed to hospital utilization review committees for the purpose of determining the optimum use of hospital services shall be immune from liability with respect to decisions made as to utilization and actions thereunder so long as the physicians or others act in good faith.  (2) However, nothing in this section shall be construed to relieve any patient's personal physician of any liability which he or she may have in connection with the treatment of the patient.    (g) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient.  
 (a)  (1) Any nonprofit hospital association or corporation organized under the laws of this state that operates and maintains a hospital facility in this state primarily for providing hospital services for the employees of any corporation or company engaged in interstate commerce shall file annually with the Secretary of the Department of Finance and Administration a detailed report of income, fees, charges, and contributions from all sources received by it during the year, together with the expenses and disbursements of the corporation or association during the year.  (2) The report shall be filed on or before April 1 in each year.  (3) A copy of the report shall be furnished to each member of the hospital association or corporation upon the request of any member.    (b) Any nonprofit hospital association or corporation failing or refusing to file the report as required in subsection (a) of this section or which fails or refuses to furnish any member a copy of the report or statement upon request shall be guilty of a violation and shall be subject to a fine of ten dollars ($10.00) for each day that the violation continues.  (c)  (1) The provisions of this section shall not apply to any nonprofit hospital association or corporation that operates and maintains a hospital facility in any county of this state having a population of not less than twenty-five thousand six hundred (25,600) nor more than twenty-five thousand seven hundred (25,700), according to the 1970 Federal Decennial Census.  (2) The provisions of this section shall not be applicable with respect to any nonprofit hospital associations or corporations that operate and maintain a hospital facility in any county of this state having a population of not less than forty-seven thousand (47,000) nor more than fifty thousand (50,000), according to the 1970 Federal Decennial Census.    
 (a) All public-supported hospitals in the State of Arkansas shall publish an annual report including financial statements showing profits, expenditures, and operating costs.  (b) Every such hospital shall publish its annual report in a newspaper of general circulation within the county where it is located.  
 (a)  (1) Upon the patient's request at the time of discharge of each patient or at the time of billing the patient or the insurance company for the patient or at the time of billing the patient or the insurance company for the hospital services, drugs, and supplies, each hospital in the state, except those operated by the State of Arkansas, shall furnish to the patient and to the insurance company an itemized listing of all services, drugs, and supplies to be billed to that person while a patient in the hospital.  (2) The itemized statement shall be furnished to the patient and the insurance company no later than thirty (30) days after discharge of the patient.  (3) In addition, at the time of discharge each patient discharged from a hospital in this state shall be advised in writing of his or her right to receive the itemized statement for services, drugs, and supplies required by this section.  (4) The State Board of Health shall adopt rules specifying the items to be included and the manner in which they shall be presented on itemized statements as required in this section.    (b) The administrator or the agent of any hospital who fails or refuses to provide the itemized statement upon request as required in this section or fails or refuses at the time of discharge of any patient to advise the patient of his or her right to receive the itemized statement provided in this section shall be guilty of a violation and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred fifty dollars ($150) for each violation.  
 When requested, any physician, surgeon, hospital administrator, nurse, technologist, and any other person engaged in work in or about a licensed hospital and having any information or knowledge relating to the medical and hospital care provided in the hospital or to the efficient use of the hospital facilities shall be obligated to advise committees reviewing such matters with respect to all the facts or information possessed by the individual with reference to such care or use. 
 (a) This section may be cited as the Emergency Medical Care Act.  (b) Because of the need for rapid assessment and care, in order to protect the life and health of the people of Arkansas during a medical emergency, it is found and declared necessary:  (1) To establish a definition for emergency medical care;  (2) To ensure that emergency medical care is provided in a timely manner by licensed and qualified personnel at a hospital's emergency department; and  (3) To ensure that emergency medical care is not delayed or denied based on:  (A) A person's ability to pay for expenses incurred during a medical emergency; or  (B) Prospective authorization of treatment by an insurance company, health maintenance organization, hospital medical service corporation, health benefit plan, or any other insurer.      (c) As used in this section:  (1) Emergency medical care means healthcare services provided in a hospital emergency facility to evaluate and treat medical conditions of a recent onset and severity, including, but not limited to, severe pain that would lead a prudent lay person, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to get immediate medical care could result in:  (A) Placing the patient's health in serious jeopardy;  (B) Serious impairment to bodily functions; or  (C) Serious dysfunction of any bodily organ or part;    (2) Emergency medical provider means a hospital licensed by the Department of Health, hospital-based services or a physician licensed by the Arkansas State Medical Board who provides emergency medical care; and  (3) Prospective authorization means contacting any insurer, health maintenance organization, hospital medical service corporation, or health benefit plan that is not physically present in the hospital's emergency department at the time the patient presents for emergency medical care for approval or authorization to evaluate and treat the patient.    (d)  (1) Once a person qualifying for emergency medical care presents to an emergency department, that person shall be evaluated by medical personnel. This evaluation may include diagnostic testing to assess the extent of the condition, sickness, or injury and radiographic procedures and interpretations by a radiologist.  (2) Appropriate intervention may be initiated by medical personnel to stabilize any condition presenting under this section before receiving authorization for the treatment by an insurer, health maintenance organization, hospital medical service corporation, or health benefit plan.    
 Notwithstanding any other law to the contrary, no person or medical facility serving as a custodian of health or medical records shall be subject to any civil or criminal liability for:   (1) Providing access to or producing copies of the records pursuant to a subpoena issued by any board, agency, commission, prosecuting attorney, or grand jury;  (2) Providing access to or producing a copy of the health or medical records requested by a clerk of a court, the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, the Department of Health, the Department of Human Services, or a local law enforcement agency under the Sex Offender Registration Act of 1997,  12-12-901 et seq.; or  (3) Requesting or accessing information under  17-80-116.  
 (a) The General Assembly finds that:  (1) Numerous workers who are occupationally exposed to blood-borne pathogens have contracted fatal and other serious viruses and diseases, including the human immunodeficiency virus (HIV), hepatitis B, and hepatitis C, from exposure to blood and other potentially infectious materials in their workplaces;  (2) In 1991, the United States Occupational Safety and Health Administration issued a standard regulating occupational exposure to blood-borne pathogens including the human immunodeficiency virus (HIV), the hepatitis B virus, and the hepatitis C virus;  (3) Compliance with the blood-borne pathogens standard has significantly reduced the risk that workers will contract a blood-borne disease in the course of their work;  (4) Nevertheless, occupational exposure to blood-borne pathogens from accidental sharps injuries in healthcare settings continues to be a serious problem;  (5) In March 2000, the Centers for Disease Control and Prevention estimated that more than three hundred eighty thousand (380,000) percutaneous injuries from contaminated sharps occur annually among healthcare workers in United States hospital settings;  (6) Estimates for all healthcare settings are that six hundred thousand (600,000) to eight hundred thousand (800,000) needlestick and other percutaneous injuries occur among healthcare workers annually involving sharps contaminated with blood-borne pathogens such as the human immunodeficiency virus (HIV), hepatitis B, or hepatitis C;  (7) Since publication of the blood-borne pathogens standard in 1991, there has been a substantial increase in the number and assortment of effective engineering controls available to employers;  (8) There is now a large body of research and data concerning the effectiveness of newer engineering controls, including safer medical devices;  (9) Numerous studies have demonstrated that the use of safer medical devices such as needle-less systems and sharps with engineered sharps injury protections can be extremely effective in reducing accidental sharps injuries when they are part of an overall blood-borne pathogens risk-reduction program;  (10) In March 2000, the Centers for Disease Control and Prevention estimated that sixty-two percent (62%) to eighty-eight percent (88%) of sharps injuries potentially can be prevented by the use of safer medical devices depending on the type of device used and the procedure involved;  (11) Training and education in the use of safer medical devices and safer work practices are significant elements in the prevention of percutaneous exposure incidents;  (12) Staff involvement in the device selection and evaluation process is also an important element in achieving a reduction in sharps injuries, particularly as newer, safer devices are introduced into work settings;  (13) The United States Congress has recognized the seriousness of the dangers of sharps injuries by passing the Needlestick Safety and Prevention Act, Pub. L. No. 106-430; and  (14) Considerable time will lapse before federal regulations are published, hospitals prepare implementation plans, federal agencies review implementation plans, and hospitals begin implementation.    (b) As used in this section:  (1) High-risk area means the emergency department, operating rooms, and intensive care units in acute care hospitals;  (2) Needleless systems means devices that do not use needles for:  (A) The collection of bodily fluids or withdrawal of bodily fluids after initial venous or arterial access is established;  (B) The administration of medication or fluids; or  (C) Any other procedure involving the potential for occupational exposure to blood-borne pathogens due to percutaneous injuries from contaminated sharps;    (3) Sharps means a needle used to withdraw bodily fluids, access a vein or artery, or administer medication or other fluids; and  (4) Sharps with engineered sharps injury protections means a nonneedle sharp or a needle device used for withdrawing bodily fluids, accessing a vein or artery, or administering medications or other fluids with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident.    (c) Immediately after June 1, 2001, hospitals shall begin purchasing needleless systems or sharps with engineered sharps injury protections, or both, for use in high-risk areas, with the goal of ensuring that within eighteen (18) months after June 1, 2001, all high-risk areas shall be supplied exclusively with needleless systems or sharps with engineered sharps injury protections, or both.  (d) Any prefilled syringe approved by the United States Food and Drug Administration shall not be subject to the provisions of this section until July 2005.  
 As used in this subchapter:   (1) Freestanding birthing center means any facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which births are planned to occur in a homelike atmosphere away from the mothers' usual residences following a low-risk pregnancy; and  (2) Low-risk pregnancy means a normal uncomplicated pregnancy as determined by a generally accepted course of prenatal care and expectation of a normal uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health.  
 (a) A freestanding birthing center shall have a qualified medical director, and deliveries shall be performed by a qualified physician or by a certified nurse midwife in accordance with an arrangement with a physician as required by  17-87-101 et seq.  (b) A mother and her infant shall be dismissed from a freestanding birthing center within twenty-four (24) hours of the admission.  
 (a) The Department of Health shall establish and enforce rules:  (1) Setting minimum standards for the construction, maintenance, and operation of a freestanding birthing center; and  (2) Setting qualifications for medical directors of freestanding birthing centers and for physicians who will perform deliveries in freestanding birthing centers.    (b) A freestanding birthing center shall meet life safety code and construction standards developed by the National Fire Protection Association and shall comply with rules developed by the department.  
 The Department of Health may levy and collect a fee for the issuance of an annual license to a freestanding birthing center. The license fee for a freestanding birthing center shall be an annual fee of one thousand dollars ($1,000). 
 Nothing in this subchapter shall be construed to prohibit the lawful practice of lay midwifery in any location under the Licensed Lay Midwife Act,  17-85-101 et seq. 
 As used in this subchapter, peer review committee or committee means a committee of a hospital medical staff, a committee of a state or local professional association, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state that is formed to:   (1) Evaluate and improve the quality of health care rendered by providers of health services; or  (2) Determine that:  (A) Health services rendered were professionally indicated or were performed in compliance with the applicable standard of care; or  (B) The cost of health care rendered was considered reasonable by the providers of professional health services in the area.    
 (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a peer review committee for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts without malice or fraud.  (b) This subchapter shall not be construed to confer immunity from liability on any professional association or upon any health professional while performing services other than as a member of a peer review committee.  
 (a)  (1) The proceedings and records of a peer review committee shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by the committee.  (2) No person who was in attendance at a meeting of the committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members thereof.    (b)  (1) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of the committee.  (2) Nor shall any person who testifies before the committee or who is a member of the committee be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the committee or about opinions formed by him or her as a result of the committee hearings.    (c) The submission of the peer review proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under  20-9-501 shall not operate as a waiver of the privilege.  
 (a) As used in this subchapter, of unsound mind means the inability to perceive all relevant facts related to one's condition and proposed treatment so as to make an intelligent decision based thereon, whether or not the inability is:  (1) Only temporary, has existed for an extended period of time, or occurs or has occurred only intermittently; or  (2) Due to natural state, age, shock or anxiety, illness, injury, drugs or sedation, intoxication, or other cause of whatever nature.    (b) An individual shall not be considered to be of unsound mind based solely upon his or her refusal of medical care or treatment.  
 It is recognized and established that, in addition to other authorized persons, any one (1) of the following persons may consent, either orally or otherwise, to any surgical or medical treatment or procedure not prohibited by law that is suggested, recommended, prescribed, or directed by a licensed physician:   (1) Any adult, for himself or herself;  (2)  (A) Any parent, whether an adult or a minor, for his or her minor child or for his or her adult child of unsound mind, whether the child is of the parent's blood, an adopted child, a stepchild, a foster child not in custody of the Department of Human Services, or a preadoptive child not in custody of the department.  (B) However, the father of an illegitimate child cannot consent for the child solely on the basis of parenthood;    (3) Any married person, whether an adult or a minor, for himself or herself;  (4) Any female, regardless of age or marital status, for herself when given in connection with pregnancy or childbirth, except the unnatural interruption of a pregnancy;  (5) Any person standing in loco parentis, whether formally serving or not, and any guardian, conservator, or custodian, for his or her ward or other charge under disability;  (6) Any emancipated minor, for himself or herself;  (7) Any unemancipated minor of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures, for himself or herself;  (8) Any adult, for his or her minor sibling or his or her adult sibling of unsound mind;  (9) During the absence of a parent so authorized and empowered, any maternal grandparent and, if the father is so authorized and empowered, any paternal grandparent, for his or her minor grandchild or for his or her adult grandchild of unsound mind;  (10) Any married person, for a spouse of unsound mind;  (11) Any adult child, for his or her mother or father of unsound mind;  (12) Any minor incarcerated in the Division of Correction or the Division of Community Correction, for himself or herself;  (13)  (A) Any foster parent or preadoptive parent, for a child in custody of the department in:  (i)  (a) Emergency situations.  (b) As used in this subdivision (13)(A)(i), emergency situation means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties;    (ii) Routine medical treatment;  (iii) Ongoing medical treatment;  (iv) Nonsurgical procedures by a primary care provider; and  (v) Nonsurgical procedures by a specialty care provider.    (B) The department shall be given timely notice of all admissions and discharges consented to by a foster parent or preadoptive parent for a child in custody of the department.  (C) The consent of a representative of the department is required for:  (i) Nonemergency surgical procedures;  (ii) Nonemergency invasive procedures;  (iii) End-of-life nonemergency procedures, such as do-not-resuscitate orders, withdrawal of life support, and organ donation; and  (iv) Nonemergency medical procedures relating to a criminal investigation or judicial proceeding that involves gathering forensic evidence; and      (14) A local educational agency liaison for homeless children and youths under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C.  11432 et seq., as existing on January 1, 2019, when the minor patient:  (A) Meets the definition of a homeless child or youth under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C.  11432 et seq., as existing on January 1, 2019;  (B) Is not in the care or custody of a parent or guardian; and  (C) Is not in the care or custody of the department.    
 In addition to any other instances in which consent is excused or implied at law, consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a licensed physician will be implied in the following circumstances:   (1)  (A) When an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent.  (B) Emergency means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; and    (2) When any emergency exists, there has been a protest or refusal of consent by a person authorized and empowered to do so, and there is no other person immediately available who is authorized, empowered, or capable of consenting but there has been a subsequent material and morbid change in the condition of the affected person.  
 (a)  (1) Except as provided in subsection (e) of this section, consent may be given by a court when:  (A) An emergency exists;  (B) There has been a protest or refusal of consent by a person authorized and empowered to do so; and  (C) There is no other person immediately available who is authorized, empowered, or capable of consent.    (2) The consent shall be given upon the presentation of a petition accompanied by the written advice or certificate of one (1) or more licensed physicians that in their professional opinion there is an immediate or imminent necessity for medical or surgical treatment or procedures.  (3) Any circuit judge may summarily grant injunctive and declaratory relief ordering and directing that the necessary surgical or medical treatment or procedures be rendered, provided that the affected person is:  (A) A pregnant female in the last trimester of pregnancy;  (B) A person of insufficient age or mental capacity to understand and appreciate the nature of the proposed surgical or medical treatment and the probable consequences of refusal of the treatment; or  (C) A parent of a minor child, provided that the court in its discretion finds that the life or health of the parent is essential to the child's financial support or physical or emotional well-being.      (b) Any circuit judge granting the declaratory and injunctive relief directing the provision of surgical or medical treatment or procedures pursuant to this section shall be immune from liability based on any claim that the surgical or medical treatment or procedures for the affected person should not have been administered.  (c) The reasonable expense incurred for emergency surgical or medical treatment or procedures administered pursuant to this section shall be borne by:  (1) The estate of the person affected;  (2) Any person liable at law for the necessities of the person affected; or  (3) If the estate or person is unable to pay, the county of residence of the person receiving the surgical or medical care.    (d) Upon request of an attending physician, any other licensed physician, or a representative of a hospital to which a patient has been admitted or presented for treatment, it shall be the duty of the prosecuting attorney, or his or her designee, of the county in which the surgical or medical care is proposed to be rendered to give his or her assistance in the presentation of the petition, with medical advice or certificate, and in obtaining an order from the court of proper jurisdiction.  (e)  (1) Consent may be given by a court when an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent for a person of unsound mind or there has been a subsequent material and morbid change in the condition of the affected person who is in the custody of the Division of Correction or the Division of Community Correction.  (2) The consent shall be given upon the presentation of a petition accompanied by the written advice or certificate of one (1) or more licensed physicians that in their professional opinion there is an immediate or imminent necessity for medical or surgical treatment or procedures.  (3) Any circuit judge may summarily grant injunctive and declaratory relief ordering and directing that the necessary surgical or medical treatment or procedures be rendered.    
 The agency administering the Medicare program in Arkansas shall establish reasonable charges on a single statewide basis according to field of practice. The reasonable charges shall be based on uniform prevailing limits for all physicians throughout the state for the same or similar services. 
 (a) Physicians and others appointed to hospital utilization review committees for the purpose of determining questions relating to the hospitalization of Medicare patients under the Health Insurance for the Aged and Disabled Act, 42 U.S.C.  1395 et seq., shall be immune from liability with respect to decisions made as to such questions as long as the physicians or others act in good faith and without malice.  (b) However, nothing in this section shall be construed to relieve any patient's personal physician of any liability which he or she may have in connection with the treatment of the patient.  
 (a) The availability of scientific knowledge, skills, and materials for the transplantation, injection, transfusion, or transfer of human tissue, organs, blood, and components thereof is important to the health and welfare of the people of this state.  (b) The imposition of legal liability without fault upon the persons and organizations engaged in such scientific procedures inhibits the exercise of sound medical judgment and restricts the availability of important scientific knowledge, skills, and materials.  (c) It is therefore the public policy of this state to promote the health and welfare of the people by limiting the legal liability arising out of such scientific procedures to instances of negligence or willful misconduct.  
 No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers or who assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transferring any tissue, organ, blood, or component thereof from one (1) or more human beings, living or dead, to another human being, shall be liable as the result of the activity, except that each such person or entity shall remain liable for negligence or willful misconduct only. 
 The purpose of this subchapter is to:   (1) Promote the delivery of quality health care in a cost-effective manner;  (2) Foster greater coordination between payors and providers conducting utilization review activities;  (3) Protect patients, business, and providers by ensuring that private review agents are qualified to perform utilization activities and to make informed decisions on the appropriateness of medical care; and  (4) Ensure that private review agents maintain the confidentiality of medical records.  
 As used in this subchapter:   (1) [Repealed.]  (2) Certificate means a certificate of registration granted by the State Board of Health to a private review agent;  (3)  (A) Private review agent means a nonhospital-affiliated person or entity performing utilization review on behalf of:  (i) An employer of employees in the State of Arkansas; or  (ii) A third party that provides or administers hospital and medical benefits to citizens of this state, including:  (a) A health maintenance organization issued a certificate of authority under and by virtue of the laws of the State of Arkansas; and  (b) A health insurer, nonprofit health service plan, health insurance service organization, or preferred provider organization or other entity offering health insurance policies, contracts, or benefits in this state.      (B) Private review agent does not include automobile, homeowner, or casualty and commercial liability insurers or their employees, agents, or contractors;    (4) Utilization review means a system for review which reviews the appropriate and efficient allocation of hospital resources and medical services given or proposed to be given to a patient or group of patients; and  (5) Utilization review plan means a description of the utilization review procedures of a private review agent.  
 A private review agent who approves or denies payment or who recommends approval or denial of payment for hospital or medical services or whose review results in approval or denial of payment for hospital or medical services on a case-by-case basis may not conduct utilization review in this state unless the State Board of Health has granted the private review agent a certificate. 
 (a) The State Board of Health may waive the requirements of this subchapter for the activities of a private review agent in connection with a contract with the United States Government for utilization review of patients eligible for hospital and medical services under the Social Security Act.  (b) No certificate is required for those private review agents conducting general in-house utilization review for hospitals, home health agencies, preferred provider organizations, other managed care entities, clinics, private offices, or any other health facilities or entities, so long as the review does not result in the approval or denial of payment for hospital or medical services for a particular case. The general in-house utilization review is exempt from this subchapter.  (c) No certificate is required for utilization review by any Arkansas-licensed pharmacist or pharmacy, or organizations of either, while engaged in the practice of pharmacy, including, but not limited to, dispensing of drugs, participation in drug utilization reviews, and monitoring patient drug therapy.  
 (a) A person who violates any provision of this subchapter or any rule adopted under this subchapter shall be guilty of a violation and upon conviction shall be subject to a penalty not exceeding one thousand dollars ($1,000).  (b) Each day that a violation is continued after the first conviction is a separate offense.  
 (a)  (1) In accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., the State Board of Health shall adopt rules to implement this subchapter.  (2) Rules governing utilization review plans under this subchapter shall impose no greater requirements than those required for utilization review activities for state-certified health maintenance organizations under the laws of this state, as amended from time to time.  (3) Any information required by the board with respect to customers, patients, or utilization review procedures of a private review agent shall be held in confidence and not disclosed to the public.    (b) The board shall issue a certificate to an applicant that has met all the requirements of this subchapter and all applicable rules of the board.  (c) The board may establish reporting requirements to:  (1) Evaluate the effectiveness of private review agents; and  (2) Determine if the utilization review programs are in compliance with this subchapter and applicable rules.    (d) A certificate issued under this subchapter is not transferrable.  
 (a)  (1) Every health insurance plan proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of those benefits shall:  (A) Have a certificate in accordance with this subchapter; or  (B) Contract with a private review agent who has a certificate in accordance with this subchapter.    (2) Notwithstanding any other provisions of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, a health service plan that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract.    (b)  (1) Every insurer proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of such benefits shall:  (A) Have a certificate in accordance with this subchapter; or  (B) Contract with a private review agent that has a certificate in accordance with this subchapter.    (2) Notwithstanding any provision of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, an insurer that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract.    (c)  (1) Any health insurer proposing to issue or deliver in this state a group or blanket health insurance policy or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of such benefits shall:  (A) Have a certificate in accordance with this subchapter; or  (B) Contract with a private review agent that has a certificate in accordance with this subchapter.    (2) Notwithstanding any provision of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, a health insurer that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract.    
 (a) An applicant for a certificate shall:  (1) Submit an application to the State Board of Health; and  (2) Pay to the board the application fee established by the board by rule.    (b) The application shall:  (1) Be on a form and accompanied by any supporting documentation that the board requires; and  (2) Be signed and verified by the applicant.    (c) The application fee required under this section shall be sufficient to pay for the administrative cost of the certification program and any other cost associated with carrying out this subchapter.  (d)  (1) All application fees shall be special revenues and deposited to the credit of the Public Health Fund.  (2) Any unexpended balance of such fees at the end of each state fiscal year shall be carried forward to the next fiscal year to be used for the same intent and purposes as set forth in this subchapter.    
 In conjunction with the application, the private review agent shall submit information that the State Board of Health requires, including:   (1) A utilization review plan that includes:  (A) A description of review standards and procedures to be used in evaluating proposed or delivered hospital and medical care; and  (B) The provisions by which patients, physicians, or hospitals may seek reconsideration or appeal of adverse decisions by the private review agent;    (2) The type and qualifications of the personnel either employed or under contract to perform the utilization review;  (3) The procedures and policies to ensure that a representative of the private review agent is reasonably accessible to patients and providers five (5) days a week during normal business hours in this state;  (4) The policies and procedures to ensure that all applicable state and federal laws to protect the confidentiality of individual medical records are followed;  (5) A copy of the materials designed to inform applicable patients and providers of the requirements of the utilization review plan; and  (6) A list of the third party payors for which the private review agent is performing utilization review in this state.  
 (a) A certificate expires on the second anniversary of its effective date unless the certificate is renewed for a two-year term as provided in this section.  (b) Before the certificate expires, a certificate may be renewed for an additional two-year term if the applicant:  (1) Otherwise is entitled to the certificate;  (2) Pays the State Board of Health the renewal fee set by the board by rule; and  (3) Submits to the board:  (A) A renewal application on the form that the board requires; and  (B) Satisfactory evidence of compliance with any requirement of this subchapter for certificate renewal.      
 (a) The State Board of Health may revoke or deny a certificate if the holder does not comply with performance assurances under this section, violates any provision of this subchapter, or violates any rule adopted pursuant to this subchapter.  (b) The board shall deny a certificate to any applicant if upon review of the application the board finds that the applicant proposing to conduct a utilization review does not:  (1) Have available the services of a sufficient number of qualified medical professionals supported and supervised by appropriate physicians to carry out its utilization review activities;  (2) Meet any applicable rules the board adopted under this subchapter relating to the qualifications of private review agents or the performance of utilization review; and  (3) Provide assurances satisfactory to the board that:  (A) The procedure and policies of the private review agent will protect the confidentiality of medical records; and  (B) The review agent will be reasonably accessible to patients and providers for five (5) working days a week during normal business hours in this state.      
 (a)  (1) Before denying or revoking a certificate under this subchapter, the State Board of Health shall provide the applicant or certificate holder with reasonable time to supply additional information demonstrating compliance with the requirements of this subchapter and the opportunity to request a hearing.  (2) If an applicant or certificate holder requests a hearing, the board shall send a hearing notice and conduct a hearing in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq.    (b) Any person aggrieved by a final decision of the board in a contested case under this subchapter may take a direct judicial appeal as provided for in the Arkansas Administrative Procedure Act,  25-15-201 et seq.  
 A private review agent may not disclose or publish individual medical records or any other confidential medical information obtained in the performance of utilization review activities without the appropriate procedures for protecting the patient's confidentiality. However, nothing in this subchapter shall prohibit private review agents from providing patient information to a third party whom the private review agent is affiliated with, under contract with, or acting on behalf of. 
 Nothing in this subchapter shall be deemed to reduce or expand the liability of any person or entity for any actions or activities with respect to utilization review. 
 (a) The membership of the governing board of any nonprofit organization which receives mental health funds from the State of Arkansas on a per-capita basis shall include at least one (1) member from each of the various counties for which funds are received by the organization.  (b) However, no county shall have more than a simple majority of members on the board unless the county has more than fifty percent (50%) of the population of the area from which the nonprofit organization receives mental health funds.  
 No nonprofit organization receiving mental health funds from the State of Arkansas on a per-capita basis shall be eligible to receive state mental health funds on a per-capita basis unless the governing board of the organization is apportioned among the counties for which funds are received in the manner required in  20-45-101. 
 As used in this subchapter:   (1) Licensed certified social worker means a licensed certified social worker licensed by the Arkansas Social Work Licensing Board under  17-103-306(c) who provides mental health services;  (2) Licensed marriage and family therapist means a licensed marriage and family therapist licensed by the Arkansas Board of Examiners in Counseling under  17-27-303 or  17-27-304 who provides mental health services;  (3) Licensed professional counselor means a licensed professional counselor licensed by the Arkansas Board of Examiners in Counseling under  17-27-301 who provides mental health services;  (4) Mental health services provider means a licensed certified social worker, licensed marriage and family therapist, licensed professional counselor, physician, psychologist, or registered nurse who provides mental health services;  (5) Patient means an individual with whom a mental health services provider has established a patient-care provider relationship;  (6) Physician means a physician licensed by the Arkansas State Medical Board who provides mental health services;  (7) Psychologist means a psychologist licensed by the Arkansas Psychology Board who provides mental health services; and  (8)  (A) Registered nurse means a registered nurse licensed by the Arkansas State Board of Nursing who provides mental health services.  (B) Registered nurse includes an advanced practice nurse.    
 (a) A mental health services provider, hospital, facility, community mental health center, or clinic is not subject to liability, suit, or a claim under  19-10-204 on grounds that a mental health services provider did not prevent harm to an individual or to property caused by a patient if:  (1) The patient communicates to the mental health services provider an explicit and imminent threat to kill or seriously injure a clearly or reasonably identifiable potential victim or to commit a specific violent act or to destroy property under circumstances that could easily lead to serious personal injury or death and the patient has an apparent intent and ability to carry out the threat; and  (2) The mental health services provider takes the precautions specified in subsection (b) of this section in an attempt to prevent the threatened harm.    (b) A duty owed by a mental health services provider to take reasonable precautions to prevent harm threatened by a patient is discharged, as a matter of law, if the mental health services provider in a timely manner:  (1) Notifies:  (A) A law enforcement agency in the county in which the potential victim resides;  (B) A law enforcement agency in the county in which the patient resides; or  (C) The Department of Arkansas State Police; or    (2) Arranges for the patient's immediate voluntary or involuntary hospitalization.    (c)  (1) If a patient who is under eighteen (18) years of age threatens to commit suicide or serious or life-threatening bodily harm upon himself or herself, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's custodial parent.  (2) If the mental health services provider is unable to contact the patient's custodial parent within a reasonable time, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's noncustodial parent or legal guardian.    (d) A mental health services provider, hospital, facility, community mental health center, or clinic is not subject to liability, suit, or claim under  19-10-204 for disclosing a confidential communication made by or relating to a patient if the patient has explicitly threatened to cause serious harm to an individual or to property under circumstances that could easily lead to serious personal injury or death or if the provider has a reasonable belief that the patient poses a credible threat of serious harm to an individual or to property.  (e)  (1) If a patient in the custody of a hospital, community mental health center, or other facility threatens to harm an individual or property, the mental health services provider and the staff of the hospital, community mental health center, or other facility shall consider and evaluate the threat before discharging the patient.  (2) Under subdivision (e)(1) of this section, the mental health services provider may inform an appropriate law enforcement agency and the victim of the threat.    (f) Subsections (a) and (c) of this section apply to a hospital or facility that has custody of a patient who has made or makes a threat to harm an individual or property.  
 (a) The General Assembly finds that:  (1) Five hundred sixteen (516) Arkansans died by suicide in 2013, making suicide the leading cause of injury death in Arkansas, and suicide is an urgent and serious public health and welfare problem in the state;  (2) Arkansas needs a comprehensive and coordinated approach to prevent suicide across all age and demographic groups in all areas of the state and to ensure that suicide prevention becomes a shared priority for all citizens;  (3) Statewide coordination of suicide prevention efforts is necessary to ensure high levels of collaborative leadership, effectiveness, and continuous improvement;  (4) An effective, evidence-based strategy is necessary to increase knowledge about and access to suicide prevention, intervention, and postintervention resources for all Arkansans;  (5) Intentional leadership, survivor input, and capacity-building, policy development, and alignment of services for high-risk sectors are needed;  (6) A seamless system of support and follow-up coordination for suicide attempt survivors and situationally high-risk individuals is needed;  (7) The rate of suicide in Arkansas is presently outpacing the nation and increasing year to year; and  (8) The absence of a suicide prevention program authority in Arkansas is a major threat to public health and welfare.    (b) It is the intent of the General Assembly that the Injury Prevention Section of the Injury Prevention and Control Branch of the Department of Health be designated the program authority to receive and solicit funding as appropriate to provide adequate funding in support of an effective and staffed statewide suicide prevention program.  
 (a) There is established the Arkansas Suicide Prevention Council.  (b) The purpose of the council is to serve as a central body on suicide prevention efforts across the state, including without limitation:  (1) Setting priorities for statewide, data-driven, evidence-based, and clinically informed suicide prevention in Arkansas;  (2) Providing a public forum to examine the current status of suicide prevention and intervention policies, priorities, and practices;  (3) Identifying interested parties, community, state, and national prevention providers and stakeholders for collaboration and devising a system of gathering data and other information to ensure coordination of suicide prevention resources and services throughout Arkansas;  (4) Assisting private, nonprofit, and faith-based entities, including without limitation coalitions, foundations, initiatives, churches, veterans groups, substance abuse recovery groups, senior adult organizations, grief support groups, injury prevention groups, and other groups to enhance suicide prevention and survivor support efforts; and  (5) Aiding in the development of evaluation tools and data collection for use in reporting suicide prevention efforts to the public.    (c) Within sixty (60) days of July 22, 2015, there shall be appointed to the council no more than twenty-three (23) members, including:  (1) A representative of the office of the Attorney General, to be designated by the Attorney General;  (2) A representative of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, to be designated by the head of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;  (3) A representative of the Division of Elementary and Secondary Education, to be designated by the Commissioner of Elementary and Secondary Education;  (4) A representative of the Division of Youth Services, to be designated by the head of the Division of Youth Services;  (5) A representative of Arkansas Children's Hospital, to be designated by the President and Chief Executive Officer of Arkansas Children's Hospital;  (6) A representative of law enforcement, to be designated by the Director of the Division of Arkansas State Police;  (7) A representative from higher education, to be designated by the Director of the Division of Higher Education;  (8) A representative from kindergarten through grade twelve (K-12) education, to be designated by the Arkansas Education Association;  (9) A representative from an employee assistance program or human resources in the private sector, to be designated by the Governor;  (10) A licensed mental health professional, to be designated by the Governor;  (11) A representative of substance-abuse treatment providers, to be designated by the Governor;  (12) A representative of primary medical care providers, to be designated by the Governor;  (13) A representative of first responders, to be designated by the Governor;  (14) A representative from a hospital with an on-site emergency department, to be designated by the Governor;  (15) A hospital-based social worker, to be designated by the Governor;  (16) An elected coroner, to be designated by the Governor;  (17) An active member or veteran of any branch of the United States Armed Forces, to be designated by the Governor;  (18) Two (2) family members of persons who died by suicide, to be designated by the Governor;  (19) A person who has attempted suicide, recovered, and is now thriving, to be designated by the Governor;  (20) A representative of the suicide prevention nonprofit community, to be designated by the Governor;  (21) A representative of the Arkansas Prevention Network, to be designated by the President of the Arkansas Prevention Network; and  (22) A representative from an interfaith organization, to be designated by the Governor.    (d) The council shall elect annually two (2) cochairs, a vice chair, and a secretary who will serve as an executive board.  (e)  (1) The council shall establish a charter and bylaws within ninety (90) days of the first meeting.  (2) A quorum for conducting business is one-half (1/2) of the appointed members.    (f)  (1) The council shall meet at least four (4) times each year.  (2) The council shall meet at times and places that the cochairs deem necessary, but no meeting shall be held outside the state.  (3) Special meetings may be held at the call of the cochairs, as needed.    (g)  (1) The appointed members of the council shall serve staggered terms of four (4) years with no more than two (2) contiguous terms.  (2) If a vacancy occurs in an appointed position, the vacancy shall be filled for the unexpired term by an appointment made in the same manner as the original appointment.    (h) Appointments shall:  (1) Represent persons of different ethnic backgrounds;  (2) Include members from each of Arkansas's four (4) congressional districts; and  (3) Include members with expertise from groups associated with high suicide rates and suicide attempts.    (i)  (1) The members of the council shall serve without compensation but may seek reimbursement for travel expenses to and from meetings of the council.  (2) The expense reimbursement shall be paid by the Department of Health from moneys available for that purpose.    (j) The Department of Health shall provide staff and programmatic support for the council to the extent that funding is available.  (k) The Department of Health is the designated agency for the purposes of suicide prevention and related state and federal programmatic and funding applications.  (l) Within the first year of its creation, the council shall make recommendations to the General Assembly on staffing and funding needs to implement an effective statewide suicide prevention program.  
 (a)  (1) The Department of Health shall establish and maintain to the extent that funding is available the Suicide Prevention Hotline for the purpose of helping to prevent suicide in the state.  (2) The department may contract with vendors to maintain the Suicide Prevention Hotline.    (b)  (1) The Suicide Prevention Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number.  (2) The toll-free telephone number under this section shall be known as the Suicide Prevention Hotline.  (3)  (A) The Suicide Prevention Hotline shall be part of the National Suicide Prevention Lifeline network by utilizing existing telephone, text, and online chat communications.  (B) The Suicide Prevention Hotline shall meet all accreditation requirements set forth by the United States Substance Abuse and Mental Health Services Administration and the National Suicide Prevention Lifeline.      (c) All persons may use the Suicide Prevention Hotline to assist in preventing suicide throughout the state.  
 The State Board of Health and the Board of Trustees of the University of Arkansas are authorized and directed to work with the Arkansas State Hospital to implement the services and objectives of this act. 
 (a) Physicians and others appointed to hospital utilization review committees for the purpose of determining questions relating to the hospitalization of Medicare patients under the provisions of Pub. L. No. 89-97, which is the Medicare law, shall be immune from liability with respect to decisions made as to these questions so long as the physicians or others act in good faith and without malice.  (b) Nothing in this act shall be construed to relieve any patient's personal physician of any liability which he or she may have in connection with the treatment of the patient.  
 (a) All information, interviews, reports, statements, memoranda, or other data of the State Board of Health, the Arkansas Medical Society and allied medical societies, or from in-hospital staff committees of licensed hospitals, but not the original medical records pertaining to the patients, which are used in the course of medical studies for the purpose of reducing morbidity or mortality, as provided in this act, shall be strictly confidential and shall be used only for medical research.  (b) Any authorized person, hospital, sanatorium, nursing home, rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to any of the following for use in the course of studies for the purpose of reducing morbidity or mortality:  (1) The board, the University of Arkansas for Medical Sciences Medical Center, the Arkansas Medical Society or any committee or allied society thereof, or any other national medical organization approved by the board or any committee or allied medical society therein; or  (2) Any in-hospital staff committee of licensed hospitals.    (c) No liability for damages or other relief shall arise or be enforced against any authorized person, institution, or organization by reason of having provided information or material, by reason of having released or published the findings and conclusions of the groups to advance medical research and medical education, or by reason of having released or published generally a summary of the studies.  (d)  (1) In all events, the identity of the person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances.  (2) Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor.  (3) All information, interviews, reports, statements, memoranda, or other data, but not the original medical records pertaining to the patient, furnished by reason of this act, and any findings or conclusions resulting from studies are declared to be privileged communications which may not be used, offered, or received in evidence in any legal proceeding of any kind or character. Any attempt to use or offer any information, interviews, reports, statements, memoranda, or other data, findings, or conclusions or any part thereof, but not the original medical records pertaining to the patient, unless waived by the interested parties, shall constitute prejudicial error in any such proceeding.    (e) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient.  
 (a) The records, reports, statements, notes, and other information furnished to the Arkansas State Hospital and its divisions for mental research by individuals, by private, public, or governmental hospitals, and by other agencies for the purpose of mental research are not admissible as evidence in any court or in any administrative hearing or procedure. The employees or agents of the Arkansas State Hospital shall not be compelled to divulge any of the records, reports, statements, notes, or other information. All individuals, private, public, or governmental hospitals, or other agencies that furnish the records, statements, notes, or other information shall not be held liable for the reportings to the Arkansas State Hospital and its divisions.  (b) All records, reports, statements, notes, and other information which has been assembled or procured by the Arkansas State Hospital and its divisions for the purpose of research and study which name or otherwise identify any persons and any confidential records within the custody and control of the Arkansas State Hospital or its authorized agents and employees may be used only for the purpose of research and study for which assembled or procured.  (c) It is unlawful for any person to give away or otherwise to disclose to any person who is not engaged in research and study at the Arkansas State Hospital and its divisions as described in this section any of the records, reports, statements, notes, or other information which name or otherwise identify any person or any confidential records.  (d) Any person who violates any provision of this act is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500) and imprisoned not more than six (6) months, or both.  (e)  (1) Nothing in this section applies to or restricts the use or publicizing of statistics, data, or other materials which summarize or refer to any records, reports, statements, notes, or other information in the aggregate and which do not refer to or disclose the identity of any individual person.  (2) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient.    
 (a)  (1) The Department of Human Services shall report monthly to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth or appropriate subcommittees thereof the number of children placed in residential and inpatient treatment programs, including sexual offender treatment, when Medicaid is the payment source.  (2) The monthly report shall include the following information:  (A) The total number of males and the total number of females placed in in-state residential programs and the total number of males and the total number of females placed in inpatient acute psychiatric programs, excluding sexual offender treatment programs, that were paid for by Medicaid during the previous month;  (B) The total number of males and the total number of females placed in out-of-state residential programs and the total number of males and the total number of females placed in inpatient acute psychiatric programs, excluding sexual offender treatment programs, that were paid for by Medicaid during the previous month;  (C) The total number of males and the total number of females placed in in-state residential and inpatient sexual offender treatment programs that were paid for by Medicaid during the previous month;  (D) The total number of males and the total number of females placed in out-of-state residential and inpatient sexual offender treatment programs that were paid for by Medicaid during the previous month;  (E) The total amount of money paid by Medicaid for the previous month for in-state residential and inpatient psychiatric programs with sexual offender treatment programs, residential and acute separately identified;  (F) The total amount of money paid by Medicaid for the previous month for out-of-state residential and inpatient psychiatric programs with sexual offender treatment programs, residential and acute separately identified;  (G) The total number of juveniles in residential and inpatient programs, including sexual offender treatment programs, that were paid for by Medicaid during the previous month;  (H) The total number of juveniles in residential and inpatient programs, including sexual offender treatment programs, that were paid for by Medicaid during the previous month, who are within fifty (50) miles of an Arkansas border; and  (I) The total number of juveniles in residential and inpatient programs, including sexual offender treatment programs, that were paid for by Medicaid during the previous month, who are more than fifty (50) miles from an Arkansas border.      (b) The report under this section shall include the number of placements for the previous month and the cumulative total number of placements for each fiscal year as of the date of the latest monthly report.  (c) The Legislative Council may request at any time that such additional information as it deems necessary be provided by the department.  (d) The deputy director of the appropriate division of the department as determined by the Secretary of the Department of Human Services shall certify by his or her signature that the information contained in these reports is correct to the best of his or her knowledge.  
 (a)  (1) It is the intent of the General Assembly that treatment for emotionally disturbed youth within the State of Arkansas will result in higher quality care provided for less cost when compared with similar services delivered out of state.  (2) Before making an out-of-state placement, the Department of Human Services shall make and document the determinations established in subsection (b) of this section. If an out-of-state placement is made without documenting the determinations, payment for services shall not be authorized.  (3) The department shall provide a report monthly to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs reflecting the number of youths in the custody of the department receiving services out of state as follows:  (A) The total number of males and the total number of females currently in inpatient psychiatric programs, excluding sexual offender treatment programs; and  (B) The total number of males and the total number of females currently in inpatient psychiatric programs, including sexual offender treatment programs.      (b) Before an emotionally disturbed youth is placed in an out-of-state treatment facility, the department shall make and document the following determinations:  (1) Whether the emotionally disturbed youth has been appropriately and accurately diagnosed;  (2) Whether an appropriate treatment facility exists within the state;  (3) Whether there is an appropriate treatment facility in a border state;  (4) Whether the facility being considered has the most appropriate program;  (5) Whether the program requires payment of board, and if so, the amount;  (6) Whether the total cost for treatment in the out-of-state facility exceeds the cost for treatment in state;  (7) Where youth residing at the facility attend school, and whether the school is accredited;  (8) What type of professional staff is available at the facility;  (9) What mechanisms are in place to address problems that are not within the purview of the program;  (10) What other considerations exist in addition to the youth's emotional problems such as other medical conditions, travel expenses, wishes of the youth, best interests of the youth, effect of out-of-state placement on the youth, and proximity to the emotionally disturbed youth's family; and  (11) What alternatives exist to out-of-state placement and the benefits and detriments of each alternative.    (c) The determinations made under subsection (b) of this section shall be included in the youth's case file and shall be reviewed and considered by the juvenile court judge.  (d) The report shall also include the number of out-of-state placements by county, including court-ordered placements or private placements.  
 (a) The Department of Human Services shall have the authority and power to create and maintain the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and to provide services for community mental health clinics and centers, which shall be administered through such divisions, offices, sections, or units of the Department of Human Services as may be determined by the Secretary of the Department of Human Services.  (b) The Department of Human Services shall have the authority to establish or assist in the establishment and direction of those mental health clinics and centers in local and regional areas of the state which shall be operated under such divisions, offices, sections, or units of the Department of Human Services as may be determined by the secretary.  (c) The Department of Human Services, in cooperation with the Building Authority Division, may sell, donate, lease on a short-term or long-term basis, or assign the use of any property and equipment owned by the Department of Human Services, including real property, furniture, fixtures, and office equipment and supplies, to those community mental health clinics and centers to assist them in the advancement of mental health in the state.  (d) The Department of Human Services shall engage in programs of mental health education in cooperation with the state's governmental units and established mental health education organizations, organized civic groups, lay organizations, and recognized mental health authorities, utilizing therefor the facilities of those organizations and groups for the advancement of mental health.  (e)  (1) In the event that a state-operated community mental health center acquires private nonprofit status, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the authority to lease employees of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to perform services for the private nonprofit community mental health center to ensure the continued delivery of satisfactory levels of mental health services consistent with the goals and objectives of the Department of Human Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.  (2) The secretary shall have the authority to negotiate an employee leasing arrangement with the private nonprofit community mental health center as an ongoing contract to perform mental health services for the center. The arrangement shall provide, at a minimum:  (A) For reimbursement for all leased Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services employee financial obligations with respect to wages, employment taxes, and employee benefits of each employee providing services for the center and for reimbursement of administrative costs associated with the leased employees;  (B) That all leased employees are covered by workers' compensation insurance provided in conformance with laws of the state and which may be provided by either the Department of Human Services or the center;  (C) That all leased employees shall be limited to providing services to clients or in support of clients which are consistent with the goals and objectives of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services;  (D) That the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services shall not be vicariously liable for the liabilities of the center, whether contractual or otherwise;  (E) That the center shall provide liability insurance for the employees and indemnify the state for any actions of the employees; and  (F) That the leasing arrangement shall not be effective for a period of time to exceed each state fiscal biennium and that payment and performance obligations of the arrangement are subject to the availability and appropriation of funds for the employees' salaries and other benefits.    (3)  (A) Employer responsibilities for leased employees shall be shared by the Department of Human Services and the community mental health center.  (B) The Department of Human Services shall be responsible for the administration and management of employee compensation and all employee benefit and welfare plans.  (C) The center may exercise day-to-day supervision and control of the employees' delivery of services in conformity with all Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and Department of Human Services policies and procedures.      
 (a) The Arkansas State Hospital shall have the power to establish guidelines and rules in the administration of this section.  (b)  (1) The Arkansas State Hospital through the Department of Human Services is authorized and empowered to assist community mental health centers and clinics in providing funds for medication required for the treatment of mental illness for medically indigent patients at a rate not to exceed five cents (5) per capita of the geographical area served by those community mental health centers or clinics.  (2) The most recent federal census will be used in determining the per capita of the area on which an allocation is made.    (c)  (1) Disbursement of funds authorized by this section shall be limited to the appropriations for the department and funds made available by law for the support of the appropriations.  (2) The restrictions of the Arkansas Procurement Law,  19-11-201 et seq.; the General Accounting and Budgetary Procedures Law,  19-4-101 et seq.; the Revenue Stabilization Law,  19-5-101 et seq.; and other fiscal control laws of the state, where applicable, and rules promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of the funds.    
 In approving or rejecting community mental health clinics for the purpose of mental health services, the Secretary of the Department of Human Services shall consider the following factors:   (1) Adequacy of mental health services provided by the clinic, including mental health outpatient diagnostic and treatment services;  (2) Rehabilitative services for patients suffering from mental or emotional disorders;  (3) Collaborative and cooperative services with public health and other state, county, city, and private groups for programs of prevention and treatment of mental illness and other psychiatric, psychological, and social disabilities;  (4) Consultative services to schools, to courts, and to health and welfare agencies, both public and private;  (5) Informational and educational services to the general public and to lay and professional groups; and  (6) Study and training activities in the field of mental health.  
 (a)  (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt appropriate minimum standards of performance in the delivery of mental health services by community mental health centers.  (2) The standards shall include professional standards and accounting, statistical, and auditing standards.    (b) In addition, the division shall adopt reasonable minimum standards and requirements for conflict-of-interest policies and purchasing procedures for community mental health centers.  
 (a) As a condition of certification or recertification by the Department of Human Services, each community mental health center shall furnish to the department a resolution of its governing board expressing the board's pledge and intent to conform to the professional standards and accounting, statistical, and auditing standards prescribed by the board.  (b) Each community mental health center shall file, as a condition of certification or recertification by the department, with the department a copy of the conflict-of-interest policies and purchasing policies of the board. The conflict-of-interest and purchasing policies shall conform to the minimum standards for the policies adopted by the department.  
 (a) The minimum standards prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for purchases by community mental health centers, so far as practicable, shall be comparable to the limits set for small purchases under the purchasing procedures established by the State Procurement Director and shall require competitive bidding for purchases exceeding those limits.  (b) However, the purchasing standards established by the division shall not require competitive bids for contracts for professional services in the health, medical, legal, and accounting fields, but shall require the contract entered into by a center to be approved by the chief executive officer and the governing board of the center.  (c) The standards promulgated by the department shall also require the center to maintain adequate documentation concerning procedures used and the justification for the awarding of the professional contracts.  
 (a) The minimum purchasing standards and procedures prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for community mental health centers shall not require preaudit or prepurchase approval by the state of purchases made by the centers but shall require all centers to maintain complete records regarding all such purchases and all professional services contracts entered into by the respective centers for a period of at least two (2) years and shall provide that the records are open for public inspection during that period.  (b) The division shall review the purchasing procedures and professional services contracts records of each mental health center on a random basis as a part of the regular certification site review to determine compliance with  20-46-304  20-46-306, this section, and  20-46-308.  
 (a)  (1) Each community mental health center shall undergo a periodic audit as may be required by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.  (2) Each audit shall reflect the compliance or noncompliance with the provisions of  20-46-304  20-46-307.    (b) Each audit shall be furnished to the division and shall be subject to review by the Legislative Joint Auditing Committee and its staff.  (c) Nothing in  20-46-304  20-46-307 shall repeal any authority which now exists for the Legislative Joint Auditing Committee and its staff to audit all or any part of the records of any community mental health center.  
 The Secretary of the Department of Human Services shall require the following as to the composition and professional qualifications of the clinic or center staff and control and direction of the clinic or center:   (1) The community mental health center or clinic should have an administrator who will be responsible for the management and affairs of the agency in accordance with regulations set forth by the National Institute of Mental Health, and as required by local boards of directors;  (2) Medical responsibility for each patient must be vested in a physician. If that physician is not a psychiatrist, psychiatric consultation must be available to the center staff on a continuing and regularly scheduled basis;  (3) The clinic or center staff shall include other professional staff such as psychologists, social workers, and nurses with such qualifications, responsibilities, and time on the job as shall correspond with the size and capacity of the clinic; and  (4) Each clinic or center from which services may be purchased shall be under the control or direction of a county or community board of directors or trustees of a corporation not for profit or a political subdivision of the state. The local board shall have at least one (1) member from each of the various counties for which funds are received by the organization. However, no county shall have more than a simple majority of members on the board unless that county has within it more than fifty percent (50%) of the population of the total area from which the corporation received mental health funds.  
 Mental health centers in this state, whether local or regional, which have been approved by the Secretary of the Department of Human Services shall provide, upon request of the courts of record in this state, screening and evaluation studies of such persons as shall be referred to the mental health center or clinic by the court. 
 (a) The Arkansas State Hospital may from time to time during each year provide such consultation and conduct such institutes and training programs on a state, regional, district, county, or community level as may be necessary to coordinate, inform, and assist in the training of staff members of the various approved clinics of the state in mental health services and techniques.  (b) The Arkansas State Hospital may reimburse staff members for reasonable and necessary expenses incurred in attending these institutes and training programs.  
 Any state board, state agency, county, municipality, court, school district, hospital district, or other political subdivision of the state or any county court or circuit court is authorized to purchase mental health services from community mental health clinics or centers or to assist and cooperate with these clinics or centers by providing services, facilities, and professional assistance, wherever the assistance is reasonable and furthers the general welfare of the state, county, region, or community. 
 The Arkansas State Hospital through the Department of Human Services is authorized to distribute such funds to community mental health clinics or centers as are appropriated by the General Assembly. 
 The Arkansas State Hospital shall be designated as a proper agency to receive grants-in-aid from the United States Government under the provisions of 42 U.S.C.  246, and shall administer the grants in accordance therewith, in addition to grants-in-aid from the United States Government to local or regional mental health clinics or centers. 
 The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to retain and transfer to the Department of Human Services that portion of each community mental health center's or clinic's allotment which is required for the state's matching share for payment to community mental health centers or clinics for services eligible for federal reimbursement under the programs administered by the department. 
 (a) On or before April 30, July 31, October 31, and January 31 of each year, the Department of Human Services shall report the following data to the Legislative Council or the Joint Budget Committee during a regular, fiscal, or extraordinary session:  (1) A list of community mental health centers that are budgeted to receive funding from the State of Arkansas;  (2) The total annual amount of general revenue budgeted by the department for the current fiscal year of the reporting period;  (3) The total annual amount of general revenue distributed in the previous fiscal year to each community mental health center;  (4) The amount of state funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center;  (5) The amount of federal funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center; and  (6) The amount of other funding, listed by funding source, individually distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center.    (b) Each quarterly report shall cover the immediate preceding calendar quarter and appropriate fiscal year.  
 The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide intensive residential treatment for adults with long-term severe mental illness within specialized mental health residential settings. 
 As used in this subchapter, unless the context otherwise requires:   (1)  (A) Adults with long-term severe mental illness means a person, eighteen (18) years of age or over, who meets criteria for service eligibility as defined by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.  (B) Individuals whose sole disability results from alcoholism, drug abuse, or intellectual or other developmental disability are excluded from this definition; and    (2)  (A) Intensive residential treatment program means a nonhospital establishment with permanent facilities which provides a twenty-four-hour program of care by qualified therapists, including, but not limited to, licensed mental health professionals, psychiatrists, psychologists, psychotherapists, and licensed certified social workers for adults who have severe long-term mental illness but who are not in an acute phase of illness requiring the services of a psychiatric hospital, and who are in need of supervision or restorative treatment services.  (B) An establishment furnishing primarily domiciliary care is not within this definition.    
 The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to establish and maintain in a specialized mental health setting an intensive residential treatment program for adults with long-term severe mental illness. 
 (a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt, promulgate, and enforce the rules and standards that may be necessary for the accomplishment of this subchapter.  (b) The rules and standards shall be modified, amended, or rescinded from time to time by the division as may be in the public interest.  
 The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act,  25-15-201 et seq., in exercising any power authorized by this subchapter. 
 (a) The General Assembly finds that:  (1) Persons who suffer from mental illness and who abuse various chemical substances contribute disproportionately to the problem of violence in our society; and  (2) It is the purpose of this section to establish a utilization review and treatment program to reduce violence among persons who suffer from mental illness and who abuse chemical substances without a costly expansion of the Arkansas State Hospital.    (b) For purposes of this section, client means a person diagnosed to be addicted to drugs or alcohol who has been committed to the custody of the Secretary of the Department of Human Services pursuant to  5-2-314 as a result of acquittal, on the ground of mental disease or defect, of an offense involving bodily injury to another person or serious risk of such injury.  (c) The Department of Human Services shall establish a system to:  (1) Provide case management of clients;  (2) Provide one (1) or more secure residential treatment facility or facilities designed to treat clients;  (3) Provide community crisis stabilization beds for clients;  (4) Provide client assessment and admission to treatment programs as necessary; and  (5) Review treatment utilization and track clients.    (d) The department is authorized to enter into contracts with any public or private nonprofit entity for the purpose of implementing this section.  
 (a) Except when otherwise specified in federal law or regulation or state law, this subchapter shall be the exclusive state authority governing the survey process for psychiatric residential treatment facilities and outpatient mental health services programs.  (b) The scope of any survey or audit shall be limited to determining whether a facility is in compliance with applicable federal and state regulations.  
 (a) As used in this subchapter:  (1)  (A) Brief hold means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident.  (B) In no event shall a brief hold be construed as a personal restraint;    (2) [Repealed.]  (3) [Repealed.]  (4) Program provider means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program for indigent persons;  (5)  (A) Seclusion means a behavior-control technique involving the involuntary confinement of a resident in locked isolation.  (B) In no event shall verbal direction be construed as seclusion;    (6) Serious injury means any significant impairment of the physical condition of the resident whether self-inflicted or inflicted by someone else as determined by the provider's qualified medical personnel, including, but not limited to:  (A) Burns;  (B) Lacerations;  (C) Bone fractures;  (D) Substantial hematoma; and  (E) Injuries to internal organs, whether self-inflicted or inflicted by someone else;    (7) Serious occurrence means a resident's death, serious injury, or suicide attempt;  (8) Suicide attempt means any action taken by a resident for the purpose of inflicting death or serious injury to the resident as determined by the provider's qualified medical personnel;  (9) Survey means any process by which compliance with federal law and regulations applicable to a program provider is determined;  (10) Survey team means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and  (11)  (A) Time-out means a behavior-management technique that involves the separation of a resident from other residents for a period of time to a designated area from which the resident is not physically prevented from leaving.  (B) In no event shall a time-out be construed as a seclusion.  (C) In no event shall verbal direction be construed as time-out.      (b) The definitions in this section apply to any survey conducted upon any psychiatric residential treatment facility or outpatient mental health services funded by a medical care program for indigent persons.  
 (a) The survey team shall:  (1) Conduct an exit conference during every survey;  (2) Allow electronic signatures and dates and dictated dates to serve as service delivery documentation;  (3) To the extent possible, conduct patient interviews in a manner that does not disrupt patient care or suggest a particular response from the interviewee;  (4) Conduct follow-up surveys on an accelerated schedule only upon a finding that a program provider is not in substantial compliance with applicable laws and rules; and  (5)  (A) Allow the program provider the option to submit to the surveyor within one (1) working day of an entrance interview a written summary of incident and accident reports instead of the actual reports.  (B) The requirements of subdivision (a)(5)(A) of this section shall not prevent the Department of Human Services from accessing all records related to the survey within any time frames established by federal law or regulation.      (b) A corrective action response shall be submitted to the survey team within thirty (30) days after the program provider receives the report, but the time allowed for submitting the corrective action response shall be extended up to sixty (60) days upon request of the program provider.  (c) For purposes of compliance with the Arkansas Medicaid Program, program providers shall be prohibited from reporting serious occurrences to another entity other than the department and, if applicable, to the Centers for Medicare & Medicaid Services.  (d) The Secretary of the Department of Human Services shall ensure that the department complies with the Arkansas Administrative Procedure Act,  25-15-201 et seq., and with  20-77-107 in regard to all surveys of program providers.  
 (a) When an individual is detained or involuntarily admitted to a mental health facility under the Behavioral Health Crisis Intervention Protocol Act of 2017,  20-47-801 et seq., or to the state's mental health system, the costs of proceedings shall be paid according to  20-47-201 et seq.  (b) If the individual alleged to be in need of involuntary admission to the state's mental health system or who was detained under the Behavioral Health Crisis Intervention Protocol Act of 2017,  20-47-801 et seq., is discharged without admission, the costs of proceedings shall be paid by the person at whose instance the proceedings were held, unless waived by the court.  
 A person legally liable for the support, care, or maintenance of an individual in need of state mental health services under this chapter is liable for the costs of mental health services to the extent that:   (1) The individual in need of services lacks the ability to pay;  (2) The mental health services are not covered by a policy of insurance or other source of payment; and  (3) The legally liable person is able to pay.  
 (a) In addition to the protections provided to patients under the Adult and Long-Term Care Facility Resident Maltreatment Act,  12-12-1701 et seq., employees, agents, servants, or officers of the Arkansas State Hospital are prohibited from striking, beating, abusing, intimidating, assaulting, or in any manner physically chastising any patient in the Arkansas State Hospital.  (b)  (1) It is the duty of all employees, agents, servants, or officers of the Arkansas State Hospital, upon learning of a violation of subsection (a) of this section, to immediately notify in writing the Director of the Arkansas State Hospital.  (2) Upon receiving a written report of a violation of this section, the director shall immediately investigate the incident and submit a report of the result of his or her findings to the Department of Human Services State Institutional System Board at its next regular meeting.  (3) If the board finds the report to be true and finds that a violation of this section has occurred, the person who violated this section shall be immediately dismissed from employment at the Arkansas State Hospital and is no longer eligible for further employment with the Arkansas State Hospital.  (4) If the board, after reading the report, determines that a violation of the state's criminal laws has occurred, the board shall immediately submit the report to the prosecuting attorney.    
 This subchapter shall be known and may be cited as the Mental Health Services for Individuals who are Deaf or Hard of Hearing Bill of Rights Act. 
 The General Assembly finds that:   (1) Individuals who are deaf or hard of hearing, as a group, represent an underserved population in many respects, particularly in regard to access to mental health services;  (2) Individuals who are deaf or hard of hearing often require highly specialized mental health services due to communication barriers and other complex needs;  (3) Research shows that individuals who are deaf or hard of hearing are subject to significantly more risks to their mental health than individuals who are able to hear due to many factors, including without limitation lack of:  (A) Communication access, in general, as well as lack of or impaired communication with family members, educators, and treating healthcare professionals; and  (B) Access to:  (i) Appropriate educational services; and  (ii) Culturally affirmative and linguistically appropriate physical and mental health services;      (4)  (A) Some individuals who are deaf or hard of hearing may have secondary disabilities that impact the type and manner of mental health services that are needed.  (B) Individuals who are deaf and blind often have diverse ways of communicating, including without limitation tactile sign language;    (5)  (A) Being deaf or hard of hearing affects the most basic human needs, which include the ability to communicate with other human beings.  (B)  (i) Many individuals who are deaf or hard of hearing use sign language, which may be their primary communication method, while other individuals who are deaf or hard of hearing receive language orally and aurally, with or without visual signs or cues.  (ii) However, other individuals who are deaf or hard of hearing lack any significant language skills or suffer from language deprivation, or both;      (6)  (A) Individuals who are deaf or hard of hearing have highly diverse communication skills and challenges.  (B) The nature and timing of a hearing loss, the helpfulness of medical or therapeutic remediation efforts, and the accessibility of sign language or spoken language at home, school, and other settings shape the way that hearing loss impacts individuals who are deaf or hard of hearing.  (C)  (i) Depending on the circumstances of an individual's hearing loss, his or her innate abilities, and the degree to which he or she has been supported in language acquisition, individuals who are deaf or hard of hearing can range in their communication ability from being multilingual, with fluency in more than one (1) communication method, to being alingual, with fluency in no communication method.  (ii) However, poorly developed language skills in both sign language and spoken language are common;      (7) It is essential that individuals who are deaf or hard of hearing:  (A) Have access to appropriate mental health services that are provided:  (i) In the primary communication method of the individual, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both; and  (ii) By mental health professionals such as psychiatrists, psychologists, therapists, counselors, social workers, and other personnel who:  (a) Are fluent in the primary communication method of the individual who is deaf or hard of hearing;  (b) Understand the unique nature of being deaf or hard of hearing; and  (c) Possess the knowledge and training to:  (1) Work effectively with individuals who are deaf or hard of hearing;  (2) Provide culturally affirmative mental health services and linguistically appropriate mental health services to individuals who are deaf or hard of hearing; and  (3) Collaborate skillfully with interpreters;        (B) Have access to mental health professionals who are familiar with the unique culture and needs of individuals who are deaf or hard of hearing since mental health professionals may misdiagnose individuals who are deaf or hard of hearing if the mental health professionals are unaware of the special needs of individuals who are deaf or hard of hearing or lack training in working with individuals who are deaf or hard of hearing;  (C) Are involved in determining the scope, content, and purpose of mental health services tailored for delivery to individuals who are deaf or hard of hearing; and  (D) Have access to:  (i) Mental health services that provide appropriate one-on-one access to a full continuum of mental health services, including without limitation all modes of therapy and evaluation; and  (ii) Specialized mental health services that are recommended as best practice and use appropriate curricula, staff, and outreach to support the unique mental health needs of individuals who are deaf or hard of hearing;      (8) Individuals who are deaf or hard of hearing should have access to a resource guide listing the mental health services in this state that offer the best access and provide the most specialized mental health services for clients; and  (9) Individuals who are deaf or hard of hearing would benefit from the development and implementation of state and regional services to provide for the mental health needs of individuals who are deaf or hard of hearing.  
 As used in this subchapter:   (1) Certified mental health professional means a psychiatrist, psychologist, advanced practice registered nurse, therapist, counselor, or social worker licensed in this state and certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as:  (A) Fluent in one (1) or more primary communication methods;  (B) A specialist who is trained and experienced in working skillfully with interpreters; and  (C) Knowledgeable of the cultural needs of clients;    (2) Client means an individual who is deaf or hard of hearing and who is in need of mental health services;  (3) Communication method means any of the following systems of communication used by clients:  (A) American Sign Language;  (B) An English-based manual or sign system;  (C) A highly visually oriented and minimal sign language system to communicate, including without limitation a home-sign-based system, idiosyncratic signs, a sign system or language of another country, or nonlinguistic or semilinguistic communication systems designed to meet the needs of language-deprived or dysfluent individuals; or  (D) An oral, aural, or speech-based sign system;    (4) Culturally affirmative mental health services means the full continuum of mental health services that are sensitive to, and in support of, the diverse cultural affiliations, including the affiliation with the deaf community and culture, and needs of the client that are delivered by certified mental health professionals and ancillary staff;  (5) Deaf means:  (A) The condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology; and  (B) The unique culture, community, and identity of an individual who is deaf that has a set of beliefs, values, and traditions;    (6) English-based manual or sign system means a sign system that uses manual signs in English word order, sometimes with added affixes that are not present in American Sign Language;  (7) Fluent means a score of Advanced or higher for certified mental health professionals and Intermediate Plus for other licensed and nonlicensed ancillary staff qualified to work in a mental health setting on a sign language communication skills assessment, including without limitation the Sign Language Proficiency Interview assessment and other communication skills assessments;  (8) Hard of hearing means the condition of having sustained a hearing loss, whether permanent or fluctuating, that may be corrected by amplification or other hearing assistive technology, but yet presents challenges in processing linguistic information through hearing;  (9) Interpreter means a licensed qualified interpreter or a licensed provisional interpreter as defined under  20-14-802;  (10) Linguistically appropriate mental health services means the full continuum of mental health services that are made available in the communication method preferred by the client or in the communication method that is determined to be most effective by a communication assessment;  (11) Oral, aural, or speech-based system means a communication system that uses the speech or residual hearing, or both, of an individual who is deaf or hard of hearing, regardless of technology or cued assistance; and  (12) Primary communication method means the communication method preferred by the individual who is deaf or hard of hearing that will be most effective, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both.  
 (a) A certified mental health professional shall:  (1) Offer culturally affirmative mental health services and linguistically appropriate mental health services to a client in the client's primary communication method; and  (2) Not deny access to culturally affirmative mental health services and linguistically appropriate mental health services to a client in the client's primary communication method to a client due to the client's having:  (A) Residual hearing ability, whether or not supported by amplification or other hearing assistive technology; or  (B) Previous experience with some other communication method.      (b) This section does not:  (1) Prevent a client from receiving mental health services in more than one (1) communication method; or  (2) Require a client to receive culturally affirmative mental health services and linguistically appropriate mental health services.    
 The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall:   (1) Implement and maintain culturally affirmative mental health services and linguistically appropriate mental health services for any client in his or her primary communication method;  (2) Recruit, develop, and maintain an adequate number of certified mental health professionals and other licensed and nonlicensed ancillary staff qualified to work in settings where mental health services are provided to clients to ensure the delivery of culturally affirmative mental health services and linguistically appropriate mental health services one-on-one to any client in his or her primary communication method;  (3) Monitor all culturally affirmative mental health services and linguistically appropriate mental health services to ensure that clients of all ages are adequately served;  (4) Provide adequate supplemental funding to all culturally affirmative mental health services and linguistically appropriate mental health services and incentives for certified mental health professionals;  (5) Establish a certification process for mental health professionals who meet all standards and guidelines, as determined by the division, to provide culturally affirmative mental health services and linguistically appropriate mental health services to clients; and  (6) Develop and implement strategies for ensuring access to culturally affirmative mental health services and linguistically appropriate mental health services by clients in geographic areas where there is a lack or shortage of certified mental health professionals, including without limitation the authorization of treatment:  (A) In a different location by certified mental health professionals; or  (B) Through telemedicine or other remote technology that allows a client to be provided culturally affirmative mental health services and linguistically appropriate mental health services from certified mental health professionals.    
 (a) In order to provide culturally affirmative mental health services and linguistically appropriate mental health services to clients, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall employ a Deaf Services Coordinator to coordinate and oversee the implementation of these mental health services statewide.  (b) The coordinator shall:  (1) Be competent and have extensive experience in providing mental health services to clients;  (2) Be fluent in American Sign Language and possess a thorough understanding of the deaf community and culture;  (3) Have at least three (3) years of experience providing one-on-one services to clients;  (4) Possess:  (A) A master's degree or higher in a behavioral health or clinical field; and  (B) The skill, knowledge, and experience in adapting and developing policies and procedures based on the actual service needs of individuals who are deaf or hard of hearing; and    (5) Know and understand applicable state laws and rules and federal laws and regulations.    (c) The coordinator shall:  (1) Ensure that:  (A) Culturally affirmative mental health services and linguistically appropriate mental health services are accessible statewide; and  (B) The provision of appropriate consultation, training, and technical assistance is accessible to mental health professionals in various settings, including without limitation inpatient, outpatient, and residential programs;    (2) Serve as a professional liaison to other state agencies or boards for the collaboration needed to maximize the use of in-state resources and joint planning;  (3) Develop a model for a statewide system of care for culturally affirmative mental health services and linguistically appropriate mental health services for clients that includes without limitation:  (A) Standards of care for individuals who are deaf or hard of hearing, including standards for American Sign Language fluency required in providing care in mental health settings;  (B) Guidelines to measure the proficiency of a mental health professional in any communication method; and  (C) A partnership with the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf;    (4) Collaborate with state and private mental health professionals throughout the state to assist and ensure compliance with federal and state laws relating to mental health services for clients;  (5) Collect and evaluate clinical and programmatic outcome data from mental health professionals serving individuals who are deaf or hard of hearing;  (6) Distribute funds or grants to public and private mental health professionals to achieve optimum service delivery within the system of care; and  (7) Provide:  (A) Reports as requested by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; and  (B) Clinical and administrative case consultation to mental health professionals when appropriate regarding culturally affirmative mental health services and linguistically appropriate mental health services to clients.      (d)  (1) The coordinator shall establish an advisory committee to make recommendations and provide advice and assistance concerning the implementation of this subchapter.  (2)  (A) The advisory committee shall consist of ten (10) individuals appointed by the Secretary of the Department of Human Services.  (B) The advisory committee shall consist of:  (i) Individuals who are deaf or hard of hearing;  (ii) Parents or legal guardians of individuals who are deaf or hard of hearing;  (iii) Certified mental health professionals;  (iv) Interpreters; and  (v) Educators who are licensed in this state to teach individuals who are deaf or hard of hearing.    (C) At least fifty-one percent (51%) of the advisory committee shall be individuals who are deaf or hard of hearing.  (D) The members shall serve a two-year term and may be reappointed.    (3)  (A) The coordinator shall call the first meeting within thirty (30) days of establishing the advisory committee.  (B) The advisory committee shall meet at least quarterly after the first meeting is held.    (4)  (A) Members of the advisory committee are voluntary and shall not receive compensation, wages, or salary due to membership on the advisory committee.  (B)  (i) Members of the advisory committee may receive reimbursement for travel and other expenses under  25-16-902 with the approval of the coordinator.  (ii) However, the coordinator shall use technology and other available resources to avoid excessive and unnecessary costs related to member reimbursement.        
 (a) A client who is admitted for mental health treatment shall have access to culturally affirmative mental health services and linguistically appropriate mental health services.  (b)  (1) A mental health professional shall work with the Deaf Services Coordinator as appropriate to ensure that culturally affirmative mental health services and linguistically appropriate mental health services are made accessible to clients.  (2) A client shall have access to one-on-one culturally affirmative mental health services and linguistically appropriate mental health services from a certified mental health professional who is fluent in the communication method that is preferred by the client or recommended by a communication assessment, or both.  (3) If one-on-one culturally affirmative mental health services and linguistically appropriate mental health services by a certified mental health professional are not available within a reasonable geographical area, as determined by the coordinator, for a client, the client shall be offered:  (A) An appropriate referral to a certified mental health professional who can provide culturally affirmative mental health services and linguistically appropriate mental health services through telemedicine or other remote technology; or  (B)  (i) At no cost to the client, culturally affirmative mental health services and linguistically appropriate mental health services through the use of an interpreter.  (ii) If an interpreter cannot be physically present in a timely manner, the services of an interpreter may be offered to the client through telemedicine or other remote technology.      (4) If an interpreter is offered to a client, the client:  (A) May voluntarily decline to accept or use the mental health services through the interpreter without a penalty to the client; and  (B) Shall be offered any other assistance and services as required by federal and state law, including without limitation a different interpreter or hearing assistive technology.    (5) If a client refuses all culturally affirmative mental health services and linguistically appropriate mental health services that are offered, the mental health professional shall:  (A) Secure from the client a signed waiver of the right to receive culturally affirmative mental health services and linguistically appropriate mental health services and place the waiver in the file of the client;  (B) Notify the coordinator of the refusal of culturally affirmative mental health services and linguistically appropriate mental health services; and  (C) Allow the coordinator to review the culturally affirmative mental health services and linguistically appropriate mental health services offered to ensure that all the mental health services were appropriate.      
 (a) The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to assist in:  (1) Establishing, maintaining, and coordinating a comprehensive and effective system of services for persons with mental illness, disease, or disorder who may be voluntarily or involuntarily admitted to mental health facilities and programs within the state;  (2) Reducing the occurrence, severity, and duration of mental disabilities; and  (3) Preventing persons with mental illness from harming themselves or others.    (b) It is the policy of this state to provide access for persons with severe mental illness to appropriate, adequate, and humane care which, to the extent possible while meeting the purposes of rehabilitation and treatment, is:  (1) Within each person's own geographic area of residence;  (2) Least restrictive of the person's freedom of movement and ability to function normally in society, while being appropriate to the individual's capacity and promoting the person's independence; and  (3) Directed toward assuring movement through all treatment components to assure continuity of care.    (c) It is the policy of this state to maintain involuntary admission laws to ensure that mental illness, disease, or disorder in and of itself is insufficient to involuntarily admit any person into the mental health services system.  
 As used in this subchapter:   (1) Administrator means the chief administrative officer or executive director of any private or public facility or of any community mental health center certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;  (2) Behavior history means a person's statements or actions on specific occasions as established by the person's declarations, observations of others, or records;  (3) Community mental health center means a program and its affiliates established and administered by the state, or a private, nonprofit corporation certified by the division for the purpose of providing mental health services to the residents of a defined geographic area and which minimally provides twenty-four-hour emergency, inpatient, outpatient, consultation, education, prevention, partial care, follow-up and aftercare, and initial screening and precare services. The division may contract with a community mental health center for the operation and administration of any services which are part of the state mental health system;  (4) Crisis response services means immediate or emergency treatment. Because mental illnesses are often of an episodic nature, there will be instances that require acute and quick crisis response services;  (5) [Repealed.]  (6) Detention means any confinement of a person against his or her wishes and begins either:  (A) When a person is involuntarily brought to a receiving facility or program or to a hospital;  (B) When, pursuant to  20-47-209(a), the person appears for the initial hearing; or  (C) When a person on a voluntary status in a receiving facility or program or a hospital requests to leave pursuant to  20-47-204(3);    (7) [Repealed.]  (8) Hospital means the University of Arkansas for Medical Sciences Medical Center, the United States Department of Veterans Affairs hospitals, or any private hospital with a fully trained psychiatrist on the active or consultant staff;  (9) Initial screening means initial screening services conducted by a mental health professional provided by a receiving facility or program for individuals residing in the area served by the receiving facility or program who are being considered for referral to inpatient programs of the state mental health system to determine whether or not the individual meets the criteria for voluntary or involuntary admission and to determine whether or not appropriate alternatives to institutionalization are available. These screening services shall be available to community organizations, agencies, or private practitioners who are involved in making referrals to the state mental health system;  (10) Involuntary admission means:  (A) Court-ordered admission to twenty-four-hour inpatient health care;  (B) Immediate confinement under  20-47-210; or  (C) Admission to outpatient behavioral healthcare services furnished by a receiving facility or program or a behavioral healthcare clinic certified by the division;    (11) Least restrictive appropriate setting for treatment means the available treatment setting which provides the person with the highest likelihood of improvement or cure and which is not more restrictive of the person's physical or social liberties than is necessary for the most effective treatment of the person and for adequate protection against any dangers which the person poses to himself or herself or others;  (12)  (A) Mental illness means a substantial impairment of emotional processes, the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions.  (B) Mental illness does not include impairment solely caused by:  (i) Epilepsy;  (ii) Intellectual or other developmental disability;  (iii) Continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or  (iv) Dependence upon or addiction to any substance such as alcohol or drugs;      (13) Physician means a medical doctor licensed to practice in Arkansas;  (14) Psychosurgery means those operations currently referred to as lobotomy, psychiatric surgery, and behavioral surgery and all other forms of brain surgery if the surgery is performed for the purpose of the following:  (A) Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain;  (B) Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, actions, or behavior; or  (C) Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions, or behavior when the abnormality is not an established cause of those thoughts, feelings, actions, or behavior;    (15) Receiving facility or program means an inpatient or outpatient treatment facility or program which is designated within each geographic area of the state by the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to accept the responsibility for care, custody, and treatment of persons involuntarily admitted to the state mental health system;  (16)  (A) Resides means a person's ongoing physical presence in the state together with indications that the person's presence in the state is something other than merely transitory.  (B) Resides includes a temporary absence from the state or temporary physical presence in a city that adjoins the Arkansas state line or is separated only by a navigable river from an Arkansas city that adjoins the Arkansas state line;    (17)  (A) Restraint means any manual method, physical or mechanical device, material, or equipment that immobilizes a person or reduces the ability of a person to move his or her arms, legs, body, or head freely.  (B) Restraint does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a person for the purpose of protecting the person from falling or to permit the person to participate in activities without the risk of physical harm to himself or herself;    (18) State mental health system means the Arkansas State Hospital and any other facility or program licensed or certified by the division;  (19) State or local authority means a state or local government authority or agency or a representative of a state or local government authority or agency acting in an official capacity;  (20) Treatment means those psychological, educational, social, chemical, medical, somatic, or other techniques designed to bring about rehabilitation of persons with mental illness. Treatment may be provided in inpatient and outpatient settings; and  (21) Treatment plan means an individualized written document developed by the treatment staff of the hospital or receiving facility or program which includes the following:  (A) A substantiated diagnosis in the terminology of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders;  (B) Short-term and long-term treatment goals;  (C) Treatment programs, facilities, and activities to be utilized to achieve the treatment goals; and  (D) Methods for periodic review and revision of the treatment plan.    
 Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law. 
 The following shall apply to voluntary admissions of persons with a mental illness, disease, or disorder:   (1)  (A) Any person who believes himself or herself to have a mental illness, disease, or disorder may apply to the administrator or his or her designee of a hospital or to the administrator or his or her designee of a receiving facility or program to which admission is requested.  (B) If the administrator or his or her designee of the hospital or the administrator or his or her designee of a receiving facility or program shall be satisfied after examination of the applicant that he or she is in need of mental health treatment and will be benefitted thereby, he or she may receive and care for the applicant in the hospital or receiving facility or program for such a period of time as he or she shall deem necessary for the recovery and improvement of the person, provided that the person agrees at all times to remain in the hospital or receiving facility or program;    (2) If at any time the person who has voluntarily admitted himself or herself to the hospital or receiving facility or program makes a request to leave, and the administrator or his or her designee determines that the person meets the criteria for involuntary admission as defined in  20-47-207, then the person shall be considered to be held by detention and the involuntary admission procedures set forth herein shall apply;  (3)  (A) Any person requesting to leave under subdivision (2) of this section, within one (1) hour of his or her request to any hospital or receiving facility or program employee, in an administrative or treatment capacity, shall be provided with a written statement advising him or her of all rights delineated in  20-47-211 and 20-47-212. The person shall further be provided with an acknowledgment confirming that he or she has been advised of the aforesaid rights.  (B)  (i) If the person refused to sign the acknowledgment, this refusal shall be noted in the person's chart and shall be attested to by two (2) eyewitnesses on a separate document.  (ii) An original of said attestation shall be furnished to the court.    (C) For the purposes of computing the initial period of evaluation and treatment referred to in  20-47-213, detention begins upon the signing of the acknowledgment by the person or, in the event that the person refuses to sign the acknowledgment, upon the attestation of the refusal by two (2) eyewitnesses; and    (4)  (A) A person voluntarily admitted who absents himself or herself from a hospital or receiving facility or program, as defined in this subchapter, may be placed on elopement status and a pick-up order issued if, in the opinion of the treatment staff, the person meets the criteria for involuntary admission as defined in  20-47-207.  (B) It shall be the responsibility of the sheriff of the county or a law enforcement officer of the city of the first class in which the individual is physically present to transport the individual.  (C) Upon return to the hospital or receiving facility or program, the individual shall be held under detention as defined in  20-47-202(6).    
 (a) The circuit courts of this state shall have exclusive jurisdiction of the involuntary admission procedures initiated pursuant to this subchapter.  (b)  (1) Within seven (7) days of the person's detention, excluding weekends and holidays, the court shall conduct the hearing as defined in  20-47-214.  (2) Except as otherwise provided in subsection (d) of this section, the hearing, as defined by  20-47-214 and 20-47-215, shall be conducted by the same court, or by a judge designated on exchange, who heard the original petition and issued the appropriate order.  (3) The court shall ensure that the person sought to be involuntarily admitted is afforded all his or her rights as prescribed by this subchapter.  (4) The circuit judge, when conducting any hearing set out in this subchapter, may conduct the hearing within any county of the judge's judicial district.    (c) The hearings conducted pursuant to  20-47-209, 20-47-214, and 20-47-215 may be held at inpatient programs of the state mental health system or a receiving facility or program where the person is detained.  (d) A circuit judge of the Sixth Judicial District sitting within the Sixth Judicial District may conduct involuntary commitment hearings prescribed by  20-47-214 and 20-47-215 and initiated in other judicial districts of this state pursuant to  20-47-207 and 20-47-209 provided that the person sought to be committed is detained within the boundaries of the Sixth Judicial District at the time of the hearing held pursuant to  20-47-214 or 20-47-215. The Sixth Judicial District shall thus assume the mantle of other judicial districts and shall have the authority to enter treatment orders for other judicial districts in the hearings prescribed by  20-47-214 and 20-47-215. In those cases, no initial petition pursuant to  20-47-207 shall be filed in the Sixth Judicial District but only in the court of original jurisdiction. Provided, however, if the person was transported to a location within the Sixth Judicial District by order of a court outside the Sixth Judicial District, the court of original jurisdiction may conduct the hearings prescribed by  20-47-214 and 20-47-215.  
 (a) Written Petition  Venue. Any person having reason to believe that a person meets the criteria for involuntary admission as defined in subsection (c) of this section may file a verified petition with the circuit clerk of the county in which the person alleged to have mental illness resides or is detained.  (b) Contents of Petition. The petition for involuntary admission shall:  (1) State whether the person is believed to be of danger to himself or herself or others as defined in subsection (c) of this section;  (2) Describe the conduct, clinical signs, and symptoms upon which the petition is based. The description shall be limited to facts within the petitioner's personal knowledge;  (3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and  (4) Contain a specific prayer for involuntary admission of the person to a hospital or to a receiving facility or program for treatment pursuant to  20-47-218(c).    (c) Involuntary Admission Criteria.  (1) A person shall be eligible for involuntary admission if he or she is in such a mental condition as a result of mental illness, disease, or disorder that he or she poses a clear and present danger to himself or herself or others.  (2) As used in this subsection, a clear and present danger to himself or herself is established by demonstrating that:  (A) The person has inflicted serious bodily injury on himself or herself or has attempted suicide or serious self-injury, and there is a reasonable probability that the conduct will be repeated if admission is not ordered;  (B) The person has threatened to inflict serious bodily injury on himself or herself, and there is a reasonable probability that the conduct will occur if admission is not ordered; or  (C) The person's recent behavior or behavior history demonstrates that he or she so lacks the capacity to care for his or her own welfare that there is a reasonable probability of death, serious bodily injury, or serious physical or mental debilitation if admission is not ordered; or  (D)  (i) The person's understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily;  (ii) The person needs mental health treatment on a continuing basis to prevent a relapse or harmful deterioration of his or her condition; and  (iii) The person's noncompliance with treatment has been a factor in the individual's placement in a psychiatric hospital, prison, or jail at least two (2) times within the last forty-eight (48) months or has been a factor in the individual's committing one (1) or more acts, attempts, or threats of serious violent behavior within the last forty-eight (48) months.      (3) As used in this subsection, a clear and present danger to others is established by demonstrating that the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another, and there is a reasonable probability that the conduct will occur if admission is not ordered.    
 (a)  (1) It shall be the duty of the prosecuting attorney's office in the county where the petition is filed to represent the petitioner, regardless of the petitioner's financial status, at all hearings held in the circuit court pursuant to this subchapter except those hearings held before the circuit judge at the Arkansas State Hospital in Pulaski County, Arkansas.  (2) The Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the circuit judge at the Arkansas State Hospital. The prosecuting attorneys of applicable counties may contract with other attorneys to provide these services.    (b) Such representation shall be a part of the official duties of the prosecuting attorney or of the Prosecutor Coordinator, and the prosecuting attorney and the Prosecutor Coordinator shall be immune from civil liability in the performance of this official duty.  (c) Nothing in this section shall prevent the petitioner from retaining his or her own counsel in these proceedings, in which case the prosecuting attorney or the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner.  
 (a) If the person named in the original petition is not confined at the time that the petition is filed, the court may:  (1) Enter an ex parte order directing a law enforcement officer to serve the person with a copy of the petition together with a notice to appear for an initial hearing. The hearing shall be set by the court within three (3) days, excluding weekends and holidays, of the filing of the original petition. If the person is duly served and fails to appear, the court shall issue an order of detention; or  (2) Dismiss the petition.    (b) The person named in the original petition is not required to appear and may be removed from the presence of the court upon a finding by the court that the person is:  (1) By reason of physical infirmity unable to appear;  (2) That the person's appearance would be detrimental to his or her mental health, well-being, or treatment; or  (3) That his or her conduct before the court is so disruptive that the proceedings cannot reasonably continue with him or her present.    (c)  (1) The petitioner shall appear before the circuit judge hearing the petition to substantiate the petition.  (2) The court shall make a determination based on clear and convincing evidence that there is probable cause to believe that the person has a mental illness, disease, or disorder and that one (1) of the criteria for involuntary admission applies to the person.  (3) If such a determination is made, the person shall be admitted for evaluation, and a hearing pursuant to  20-47-214 shall be held within the period specified in  20-47-205.    
 (a) Whenever it appears that a person is of danger to himself or herself or others, as defined in  20-47-207, and immediate confinement appears necessary to avoid harm to the person or others:  (1) An interested citizen may take the person to a hospital or to a receiving facility or program. If no other safe means of transporting the individual is available, it shall be the responsibility of the law enforcement agency that exercises jurisdiction at the site where the individual is physically located and requiring transportation, or unless otherwise ordered by the judge. A petition, as provided in  20-47-207, shall be filed in the circuit court of the county in which the person resides or is detained within seventy-two (72) hours, excluding weekends and holidays, and a hearing, as provided in  20-47-209(a)(1) shall be held; or  (2) Any person filing a petition for involuntary admission may append to the petition a request for immediate confinement which shall state with particularity facts personally known to the affiant which establish reasonable cause to believe that the person sought to be involuntarily admitted is in imminent danger of death or serious bodily harm or that the lives of others are in imminent danger of death or serious bodily harm due to the mental state of the person sought to be involuntarily admitted.    (b)  (1) When a petition for involuntary admission with a request for immediate confinement appended thereto is filed, the petitioner shall then appear before a circuit judge of the county where the person sought to be immediately confined resides or is found.  (2) The circuit judge shall then conduct an ex parte hearing for the purpose of determining whether there is reasonable cause to believe that the person meets the criteria for involuntary admission and, furthermore, that the person is in imminent danger of death or serious bodily harm or that others are in danger of death or serious bodily harm due to the mental condition of the person sought to be involuntarily admitted.  (3) If the circuit judge determines that immediate confinement is necessary to prevent death or serious bodily harm to either the person sought to be involuntarily admitted or to others, the judge shall order the law enforcement agency that exercises jurisdiction at the site where the individual is physically present to transport the individual to an appropriate receiving facility. A hearing, as provided for in  20-47-209(a)(1), shall be held within seventy-two (72) hours of the person's detention and confinement.    (c) If the person is transported to a hospital or to a receiving facility or program or to the office of a licensed physician of the State of Arkansas or of the United States Government, either salaried or self-employed, for purposes of initial evaluation and treatment, then the hospital or receiving facility or program or physician may detain the person for initial evaluation and treatment provided:  (1) The person is immediately advised of his or her rights as provided in  20-47-211;  (2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in  20-47-207; and  (3) A hearing pursuant to  20-47-209(a)(1) is held within the specified time period.    (d) Nothing herein shall prevent the person so detained from being released sooner than the period specified in  20-47-205 if in the judgment of the treatment staff of the hospital, of the receiving facility or program, or of the treating physician the person does not require further mental health treatment. The court shall be immediately advised in writing of the release and shall dismiss the action.  
 Along with the copy of the petition and the copy of the order directing appearance for an initial evaluation or an order of detention, the person sought to be involuntarily admitted shall be served with a copy of the following statement of rights:   (1) That he or she has the right to effective assistance of counsel, including the right to a court-appointed attorney;  (2) That he or she and his or her attorney have a right to be present at all significant stages of the proceedings and at all hearings except that no attorney shall be entitled to be present upon examination of the person by the physician or any member of the treatment staff pursuant to an evaluation, whether initially or subsequently;  (3) That he or she has the right to present evidence in his or her own behalf;  (4) That he or she has the right to cross-examine witnesses who testify against him or her;  (5) That he or she has a right to remain silent; and  (6) That he or she has a right to view and copy all petitions, reports, and documents contained in the court file.  
 (a) If it appears to the court that the person sought to be involuntarily admitted is in need of counsel, counsel shall be appointed immediately upon filing of the original petition.  (b)  (1) Whenever legal counsel is appointed by the court, the court shall determine the amount of the fee, if any, to be paid the attorney so appointed and issue an order for payment.  (2) The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings.  (3) The court shall have the authority to appoint counsel on a pro bono basis.    (c) The quorum courts of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter, and, upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the fee shall be approved by the county court and paid in the same manner as other claims against the county are paid.  
 (a) If the person is transported to a hospital or receiving facility or program or to the office of a licensed physician of the State of Arkansas or of the United States Government, either salaried or self-employed, for purposes of initial evaluation and treatment, then the hospital or receiving facility or program or physician may detain the person for initial evaluation and treatment, provided:  (1) The person is immediately advised of his or her rights as provided in  20-47-211;  (2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in  20-47-207; and  (3) A hearing pursuant to  20-47-209(a)(1) is held within the specified time period.    (b)  (1) If a physician is not immediately available for the initial evaluation, the initial evaluation may be performed by an administrator's designee, working under medical supervision and direction. In such cases, a supervising physician shall be consulted by telephone before any decision is made concerning the initial evaluation and treatment.  (2) Every person admitted to a hospital or a receiving facility or program under this provision shall be seen and evaluated personally by a physician within twenty-four (24) hours of detention.    (c) In all cases, the evaluations required by the court for involuntary admission pursuant to  20-47-214 shall be performed only by a physician licensed to practice in the State of Arkansas.  (d) If it is determined at the initial hearing that the person should be evaluated to determine the need for mental health services on an involuntary basis, a law enforcement officer or family of the person, as the court shall direct, shall transport the person to the place of evaluation.  (e) Nothing in this subchapter shall prevent the person so detained from being released sooner than the period specified in  20-47-205 if, in the judgment of the treatment staff of the hospital or of the receiving facility or of the treating physician, the person does not require further mental health treatment. The court shall be immediately advised in writing of the release and shall dismiss the action.  
 (a)  (1) Within the period specified in  20-47-205, a hearing shall be held.  (2) The hearing must be conducted in public, open to the news media.  (3) All testimony must be taken under oath and preserved.  (4) All witnesses shall be subject to a penalty for perjury, and each witness who shall testify shall be instructed by the hearing officer as to the penalty for perjury before testifying.    (b)  (1) Should any person be found guilty of giving false testimony that results in a person's wrongful involuntary admission, he or she shall be liable for civil damages and subject to incarceration for not less than thirty (30) days.  (2) The court shall make a determination at that time whether clear and convincing evidence has been presented that the person sought to be involuntarily admitted is of danger to himself or herself or to others as defined in  20-47-207.  (3) If this burden of proof has been met, the court shall issue an order authorizing the hospital or receiving facility or program to detain the person for treatment for a maximum of forty-five (45) days.    (c) This section shall be construed to allow the person sought to be involuntarily admitted to request treatment under an alternative least restrictive appropriate setting.  (d) If a hearing pursuant to this section is not held within the period specified in  20-47-205, the person shall be released.  (e) Upon filing of an order of commitment issued under subdivision (b)(3) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.  
 (a) Generally.  (1) Additional one-hundred-eighty-day involuntary admission orders may be requested if, in the opinion of the treatment staff, a person involuntarily admitted continues to meet the criteria for involuntary admission.  (2) Additional one-hundred-eighty-day involuntary admission periods may be requested by the treatment staff if it is the opinion of the treatment staff that the person needs continued treatment and supervision without which the person poses a likelihood of danger to himself or herself or to others as defined in  20-47-207 if discharged.  (3) The treatment staff may request additional involuntary admission orders as they are deemed necessary.    (b) Procedure.  (1)  (A) A request for periods of additional involuntary admission under this section shall be made by a petition verified by a member of the treatment staff.  (B) The petition shall set forth the facts and circumstances forming the basis for the request.    (2) Upon the filing of a petition for additional involuntary admission, all rights enumerated in  20-47-211 and 20-47-212 shall be applicable.    (c) Hearing.  (1)  (A) A hearing on the petition seeking additional involuntary admission pursuant to this section must be held before the expiration of the period of involuntary admission.  (B) The hearing shall be open to the public and the news media, unless the person sought to be additionally involuntarily admitted shall request in writing that the hearing be closed.  (C) All written requests filed on behalf of the person sought to be additionally involuntarily admitted must be witnessed by the attorney who is representing the person.    (2) All testimony shall be recorded under oath and preserved.  (3) The need for additional involuntary admission shall be proved by clear and convincing evidence.    (d) New Original Petition. Nothing in this section shall prevent a new original petition from being filed subsequent to the release of a person involuntarily admitted pursuant to this subchapter.  (e) Upon filing of an order of commitment issued under this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.  
 Continuances requested by either party for any hearing provided for in this subchapter shall be granted only for good cause shown. Good cause includes obtaining a separate and independent evaluation or expert testimony on behalf of the person sought to be involuntarily admitted or allowing hospitalization of the person for medical treatment not associated with the person's mental illness, disease, or disorder. 
 All involuntary admission orders authorized in this subchapter shall be considered final and appealable under Rule 2 of the Arkansas Rules of Appellate Procedure  Civil. 
 (a) At all steps of the involuntary admission proceeding, the mental health treatments and conditions of treatment for the person named in the petition for involuntary admission shall be no more harsh, hazardous, or intrusive than necessary to achieve a successful treatment or objective for the person and shall involve no restrictions on physical movement or supervised, resident, outpatient, or inpatient care except as reasonably necessary for the administration of treatment for the protection of the person or others from physical injury.  (b) Specific limitations on treatment during detention shall include the following:  (1) Detention under this subchapter may only be in a hospital or receiving facility or program as defined in  20-47-202;  (2)  (A) During the initial period of evaluation and treatment, psychotherapy and oral or intermuscular medication may be used if the effects of the medication on the behavior of the individual do not exceed seventy-two (72) hours.  (B) Medication such as fluphenozine decanoate, commonly known as long-acting medication, or electroconvulsive therapy or psychosurgery shall not be used during this period;    (3)  (A) Psychosurgery shall not be used during any involuntary admission period if the person is involuntarily admitted to a receiving facility or program.  (B) Electroconvulsive therapy may be used against a patient's wishes only if the circuit court is presented with clear and convincing proof that such treatment is necessary; and    (4) Short-acting and long-acting medication may be used during the forty-five-day admission period and the one-hundred-eighty-day involuntary admission period.    (c) If the court at a forty-five-day admission period or a one-hundred-eighty-day involuntary admission hearing finds by clear and convincing evidence that the person is in need of treatment, it shall issue an order involuntarily admitting the person to the custody of the administrator or his or her designee for care and treatment within a receiving facility or program which is located within the person's geographic area of residence or to an appropriate hospital as defined in  20-47-202.  (d)  (1) A treatment plan will be submitted to the court for approval at hearings held under  20-47-214 and 20-47-215.  (2) The treatment plan will be submitted by the person's treatment staff of the hospital or the receiving facility or program to which the person has been involuntarily admitted.  (3) The approved treatment plan shall be incorporated by reference as a part of the court's order of involuntary admission.    (e) Notification shall be provided to the court by the person's treatment staff upon a change in the person's treatment plan if the change results in the persons being treated in a more restrictive setting or manner.  
 (a) If any person involuntarily admitted to a receiving facility or program or hospital for care pursuant to this subchapter absents himself or herself from a receiving facility or program or hospital without leave or fails to comply with the court-approved treatment plan, the person will be returned, upon the request of the person's treatment staff, to the receiving facility or program or hospital by the sheriff of the county or law enforcement officer of the city of the first class in which the individual is physically present or the hospital or receiving facility or program security personnel without further proceedings.  (b) Notification shall be provided to the court by the person's treatment staff if a person absents himself or herself without leave or fails to comply with the court-approved treatment plan.  (c) A person's noncompliance with the court-approved treatment plan or absenting himself or herself from a receiving facility or program or hospital without leave shall not vacate an order; the order shall remain in effect until abated or changed by the issuing court or until the expiration of one (1) year.  
 (a) No person receiving treatment for mental illness shall be deprived of any legal right to which all citizens are entitled except as provided for by law.  (b) No person shall be deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational, or motor vehicle driver's licenses, to marry or to obtain a divorce, to vote, to make a will, or to exercise any other civil right solely by reason of that person's admission to the mental health services system.  (c) No person receiving mental health services shall be subjected to abuse or neglect.  (d) No person receiving mental health services shall be discriminated against in any manner because of race, color, sex, religion, national origin, age, handicap, or degree of disability.  (e) Persons receiving mental health services shall be treated with dignity and respect.  
 (a)  (1) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall designate a patient or client advocate for the three (3) state mental health facilities located in Little Rock and Benton.  (2) The designated patient or client advocate in these facilities shall report directly to the deputy director.    (b) The administrator of each receiving facility or program shall designate a patient or client advocate for that receiving facility or program who shall report directly to the administrator.  (c) The patient or client advocate's job duties in this capacity shall consist primarily of:  (1) Ensuring that each patient or client is aware of his or her rights;  (2) Investigating complaints of patients or clients;  (3) Assisting in training staff of the receiving facility or program regarding patient's rights; and  (4) Acting as an advocate on behalf of a patient or client who is unable to register a complaint because of his or her mental or physical condition.    
 The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee shall have authority to authorize the transfer and admission to a receiving facility or program of any person who is a legal resident of the state and who may become mentally ill while a transient in another state, under the Interstate Compact on Mental Health,  20-50-101 et seq. 
 No person admitted voluntarily or involuntarily to a receiving facility or program or hospital under this subchapter shall be considered incapacitated per se by virtue of admission. 
 (a) At any time during the involuntary admission period, a person may be converted to a voluntary admission status if the person's treating physician or treatment staff psychiatrist files a written statement of consent with the court.  (b) The court shall dismiss the action immediately upon the filing of the statement.  
 (a) Notwithstanding any statute enacted before January 1, 2011, receiving facilities and programs and the Arkansas State Hospital may make charges for patient treatment.  (b) Persons legally liable for the support of a patient are liable jointly and severally with the patient and the estate of the patient for treatment charges.  (c) Patient treatment charges may not exceed the actual cost of treatment.  (d)  (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges that may be made by a receiving facility or program and the Arkansas State Hospital.  (2) Rules establishing reasonable charges shall:  (A) Provide for postponing the collection of charges based on clinical considerations or the patient's inability to pay, or both; and  (B) Waive charges for treatment of defendants who plead guilty or nolo contendere or are found guilty at trial.      
 (a) The Director of the Administrative Office of the Courts and the Prosecutor Coordinator shall jointly prescribe all other forms reasonably necessary to carry out this subchapter, provided that the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or designee may prescribe forms pertaining to preadmission history to accompany the person when presented for admission, to be waived in dire emergencies.  (b) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or designee shall assist the Director of the Administrative Office of the Courts in prescribing forms for the required medical certificates.  (c) Substantial adherence to the prescribed forms will suffice in any instance.  
 No officer, physician, or other person shall be held civilly liable for his or her actions pursuant to this subchapter in the absence of proof of bad faith, malice, or gross negligence. 
 (a) To assure compliance under this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any state mental health system program or facility to which persons are voluntarily or involuntarily admitted under this subchapter.  (b) The division shall by July 1 of each year designate receiving facilities and programs within prescribed geographic areas of the state for purposes of voluntary admissions or involuntary commitments under this subchapter and establish ongoing mechanisms for review and refinement of the state mental health system.  
 (a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance.  (b) A patient shall not be physically restrained with a restraint if the restraint is medically contraindicated.  (c) The restraint shall be implemented in accordance with safe and appropriate restraint types and restraint techniques as determined by hospital policy.  (d) The restraint used shall be the least restrictive type or technique necessary to effectively protect the patient, staff members, or others from harm.  (e) The restraint shall not be used as a means of coercion, discipline, convenience, or retaliation by staff.  
 (a) The Department of Human Services may enter into a reciprocal agreement with a state that adjoins the Arkansas state line or is separated only by a navigable river from the Arkansas state line to facilitate the return of a person who is detained in or involuntarily admitted to mental health facilities in this state or another state to the state of his or her residence.  (b) The state returning a detained or involuntarily admitted person to another state shall bear the expenses of returning the person, unless the state agrees to share costs under a reciprocal agreement made under subsection (a) of this section.  (c) If a state or local authority of another state petitions the department, the department shall enter into a reciprocal agreement with the state or local authority to facilitate the return of a person who is detained in or involuntarily admitted to a receiving facility or program in this state to the state of his or her residence unless the department determines that the terms of the agreement are not acceptable.  (d)  (1) A reciprocal agreement entered into by the department under subsection (a) of this section shall require the department to develop a process for returning a person who is detained in or involuntarily admitted to a receiving facility or program to the person's state of residence.  (2) A process developed under subdivision (d)(1) of this section shall:  (A) Provide suitable care for the person who is detained in or involuntarily admitted to a mental health facility;  (B) Use available resources efficiently; and  (C) Consider commitment to a proximate mental health facility to make possible the return of the detained or involuntarily admitted person to his or her state of residence.      (e) The department shall coordinate the reciprocal agreement and the process developed under subsection (d) of this section with a mental health facility, mental hospital, health service provider, court, or law enforcement agency located in Arkansas.  
 (a)  (1) The General Assembly recognizes that the state encouraged the placement of mentally ill residents into residential care facilities over a decade ago and has taken various approaches to funding since then. The General Assembly also recognizes that there are inherent problems with the current system that create disincentives for proper care and physical environments.  (2) The General Assembly further recognizes that:  (A) Individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in  20-48-101 face many of the same challenges in receiving proper care and assistance with activities of daily living as individuals with mental illness living in residential care facilities;  (B) An individual with mental illness who is Medicaid-eligible and lives in a residential care facility can receive Medicaid congregate-setting personal care services to assist with activities of daily living while an individual with developmental disabilities who is Medicaid-eligible and lives in a group home, community residential housing, or apartment operated by a nonprofit community program as defined in  20-48-101 is not able to receive similar services through the Medicaid Personal Care Program; and  (C) This inequity must be corrected in order to provide equal access to Medicaid congregate-setting personal care services for individuals with developmental disabilities.      (b) The purpose of this subchapter is to provide short-term solutions and long-term solutions to the problem of caring for individuals with mental illness, elderly persons, and other residents in residential care facilities and assisted living facilities and individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in  20-48-101.  
 (a) As used in this section:  (1) Congregate setting means a location within a residential care facility, an assisted living facility, or a designated residential setting of a nonprofit community program as defined in  20-48-101 or its nonprofit affiliates;  (2) Designated residential setting includes the following when operated by a nonprofit community program as defined in  20-48-101:  (A) A group home for individuals with developmental disabilities in operation and licensed by the Division of Developmental Disabilities Services on or before July 1, 1995;  (B) A community residential home established after July 1, 1995, that serves individuals with developmental disabilities and provides housing for no more than four (4) unrelated persons; or  (C) An apartment complex established after July 1, 1995, that serves individuals with developmental disabilities; and    (3)  (A) Intermediate care facility for individuals with developmental disabilities means a residential institution maintained for the care and training of individuals with developmental disabilities, including without limitation individuals with intellectual disabilities.  (B) Intermediate care facility for individuals with developmental disabilities has the same meaning as intermediate care facility for individuals with intellectual disabilities or ICF/IID under federal law.      (b)  (1)  (A) The Department of Human Services shall reimburse residential care facilities, assisted living facilities, and qualified nonprofit community programs with a multihour daily service rate for personal care services delivered in congregate settings as provided in this section and approved by the Centers for Medicare & Medicaid Services.  (B) The application of subdivision (b)(1)(A) of this section to nonprofit community programs is subject to available funds.    (2) The department shall maintain Medicaid provider rules appropriate for the delivery of personal care services in congregate settings and the related multihour daily service rate reimbursement methodology.  (3) The department shall make best efforts to obtain and maintain approval from the Centers for Medicare & Medicaid Services for a multihour daily service rate reimbursement for personal care services delivered in congregate settings.    (c) The department shall provide copies to the Administrative Rules Subcommittee of the Legislative Council, providers, and the public of all state plan amendments, documentation, and correspondence submitted to or received from the Centers for Medicare & Medicaid Services in regard to this section and shall work jointly with provider representatives in obtaining and maintaining approval for a multihour daily service rate for personal care services delivered in congregate settings from the Centers for Medicare & Medicaid Services.  (d)  (1) The Division of Medical Services shall use the same multihour daily service rate reimbursement methodology for personal care services delivered in a congregate setting located in a designated residential setting of a nonprofit community program as defined in  20-48-101 as for personal care services delivered in a congregate setting located in a residential care facility and an assisted living facility.  (2) Reimbursement for personal care services under this section is not available to an individual with a developmental disability who resides in an intermediate care facility for individuals with developmental disabilities.    
 (a) The Director of the Arkansas State Hospital is given power and authority to make contracts with the United States Department of Veterans Affairs or any other federal agency for the hospitalization of any patients who are veterans and eligible for hospitalization by the United States Government on such terms of payment to the Arkansas State Hospital as established by the Department of Human Services State Institutional System Board.  (b) The director is also authorized and empowered to ratify and confirm any contract, either express or implied, which may have been made in the past for the hospitalization of veterans. The director is authorized to receive and collect any funds that may be due from the United States Government for hospitalization.  
 (a) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his or her proper care, it is determined after the adjudication of the status of the person as may be required by law that commitment to a hospital or other institution because of mental disease is necessary for safekeeping or treatment and it appears that the person is eligible for care or treatment by the United States Department of Veterans Affairs or other agency of the United States Government, then the court, upon receipt of a certificate from the United States Department of Veterans Affairs or other agency showing that facilities are available and that the person is eligible for care or treatment therein, may commit the person to the United States Department of Veterans Affairs or other agency.  (b) The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state. Nothing in this act shall affect his or her right to appear and be heard in the proceedings.  (c) Upon commitment, the person when admitted to any facility operated by any agency within or without this state shall be subject to the rules and regulations of the United States Department of Veterans Affairs or other agency.  (d) The chief officer of any facility of the United States Department of Veterans Affairs or an institution operated by any other agency or the United States to which the person is so committed shall, with respect to the person, be vested with the same powers as directors of state hospitals for mental diseases within the state are with respect to retention of custody, transfer, parole, or discharge.  (e) Jurisdiction is retained in the committing court or other appropriate court of this state any time to inquire into the mental condition of the person so committed and to determine the necessity for continuance of his or her restraint, and all commitments pursuant to this act are so conditioned.  
 (a) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia committing a person to the United States Department of Veterans Affairs or other agency of the United States Government for care or treatment shall have the same force and effect in relation to the committed person while in this state as exists in the jurisdiction in which is situated the court entering the judgment or making the order.  (b) The courts of the committing state or of the District of Columbia shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of the person and of determining the necessity for continuance of his or her restraint, as is provided in  20-47-402 with respect to persons committed by the courts of this state.  (c) Consent is given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the United States Department of Veterans Affairs or of any institution operated in this state by any other agency of the United States, to retain custody, or to transfer, parole, or discharge the committed person.  
 (a) Upon receipt of a certificate of the United States Department of Veterans Affairs or other agency of the United States stating that facilities are available for the care or treatment of any person who is committed to any hospital for the mentally ill or other institution for the care or treatment of persons similarly afflicted and that the person is eligible for care or treatment, the director of the institution where the person is committed may cause the transfer of the person to the United States Department of Veterans Affairs or other agency of the United States for care or treatment.  (b) Upon effecting any transfer, the committing court or proper officer thereof shall be notified of the transfer by the transferring agency.  (c) No person shall be transferred to the United States Department of Veterans Affairs or other agency of the United States if he or she is confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of the charge solely on the grounds of insanity unless before transfer the court or other authority originally committing the person shall enter an order for the transfer after appropriate motion and hearing.  (d) Any person transferred as provided in this section shall be deemed to be committed to the United States Department of Veterans Affairs or other agency of the United States pursuant to the original commitment.  
 (a) Any person who is committed to the Arkansas State Hospital for treatment of a mental disease and who has or who develops tuberculosis may be transferred to a private hospital for treatment of his or her tuberculosis in the discretion of the Director of the Arkansas State Hospital.  (b) The person so transferred shall be returned to the Arkansas State Hospital when his or her tuberculosis has improved to the point where it is not dangerous to himself or herself or others.  
 (a) The Arkansas State Hospital and other state institutions are authorized to enter into agreements with the Department of Human Services to establish and maintain a medical care program for indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis at the Arkansas State Hospital and any other state institution and to transfer funds to the Department of Human Services Fund pursuant to the agreement.  (b) The agreement made between the Arkansas State Hospital or other institution and the department shall be in compliance with federal law and shall meet qualifications necessary for federal funds to be paid for the care of indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis in the Arkansas State Hospital or other institution.  (c) In order to reimburse the fund for expenditures made by the department in accordance with agreements made with the Arkansas State Hospital and other institutions, the Chief Fiscal Officer of the State shall make rules for transfers from the respective State Treasury funds or accounts from which the institutions making agreements derive their financial support to the fund in keeping with the provisions of the agreement made between the Arkansas State Hospital or other state institutions and the department.  
 The General Assembly finds that services to children are provided by various departments and agencies at both the state and local level, often without appropriate collaboration. The General Assembly declares that the purpose of this subchapter is to establish a structure for coordinated policy development, comprehensive planning, collaborative budgeting, and resource allocation for services to children with emotional disturbance and their families. It is further the intention of this subchapter to build on existing resources and to design and implement a coordinated service system for children with emotional disturbances that is child-centered, family-centered, and community-based. 
 As used in this subchapter:   (1)  (A) Case management means those efforts that ensure that necessary services for the child and family are obtained and monitored.  (B) Such efforts shall include coordination across agencies for evaluations, the provision of services based on assessments and evaluations that result in the development of an interagency service plan, the review for adequacy of services through client progress, and maintaining cooperation among agencies;    (2)  (A) Case review means a multiagency effort to design and provide a service delivery plan for difficult-to-serve children who may require unusual services or service configurations.  (B) When utilizing a group process for reaching service delivery decisions, the group shall be composed of those who carry sufficient authority to ensure timely provision of services;    (3) CASSP means the Child and Adolescent Service System Program;  (4) Child with emotional disturbance means an individual who has been diagnosed with a mental, behavioral, or emotional disorder of a long-term nature under the age of eighteen (18) or under the age of twenty-one (21) if program services began before the age of eighteen (18):  (A) Who is exhibiting inappropriate emotional, interpersonal, or behavioral problems within the home, preschool program, school, or community given his or her age, intellectual level, and cultural background;  (B) Whose degree of dysfunction is at least disruptive and often disabling;  (C) Whose problems persist after efforts to deal with the problems have been made by significant others in the child's social environment;  (D) Who meets specific criteria established by the Child and Adolescent Service System Program Coordinating Council; and  (E) Who has multiagency needs exhibited by one (1) or more of the following characteristics:  (i) The behavior occurs with a sufficient frequency to be considered a pattern of response or to be so intense that the consequences lead to a severe measure of control, including, but not limited to:  (a) Seclusion;  (b) Restraint;  (c) Hospitalization; or  (d) Chemical intervention;    (ii) The behavior, although provoked, is judged to be extreme or inappropriate for the age, including, but not limited to:  (a) Very aggressive; or  (b) Self-withdrawn;    (iii) The behavior is sufficiently disruptive as to lead to exclusion from school, home, or therapeutic, or recreational settings; or  (iv) The behavior is sufficiently intense or severe to be considered seriously detrimental to the child's growth, development, or welfare or seriously detrimental to the safety or welfare of others;      (5) Comprehensive Children's Behavioral Health System of Care Plan means a plan to assist the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services in providing oversight for the Child and Adolescent Service System Program;  (6)  (A) Flexible funds means a specific fiscal allocation designated for atypical expenditures to meet extraordinary needs of a child and family identified in the multiagency plan of services.  (B) Decisions for expenditure of flexible funds shall be made at the regional or local level and shall be approved by all involved service providers;    (7) Multiagency plan of services means the integrated, individualized plan of care that is developed through the collaboration of all agencies providing services for that child and based on evaluations shared by each involved agency with the Child and Adolescent Service System Program local service team;  (8)  (A) Regional plan means a written strategy developed by regional program teams that specifies the kind, mix, and priority of services to be provided in each community mental health center catchment area.  (B) The regional plan shall:  (i) Address all components of the system of care;  (ii) Be based on the principles for the system of care provided in this subchapter and on the service needs of the children with emotional disturbance in the region;  (iii) Include procedures for evaluating services provided to children with emotional disturbance and their families;  (iv) Be reviewed annually by the council; and  (v) Upon approval be incorporated into the statewide plan;      (9) Screening and assessment means an initial appraisal of a child identified or suspected of having emotional disturbance that provides sufficient information to make decisions about service needs;  (10) Service array means those services in the system of care that address the varying areas of needs of children with emotional disturbance and their families and shall include but not be limited to:  (A) Behavioral health services;  (B) Substance abuse services;  (C) Social services;  (D) Education services;  (E) Health services;  (F) Vocational services;  (G) Recreational services;  (H) Case management;  (I) Advocacy; and  (J) Other necessary services;    (11) Single point of entry means a unit, agency, or group designated as the gatekeeper for the Child and Adolescent Service System Program service system for children with emotional disturbance and their families;  (12) Statewide plan means a comprehensive strategy that identifies the procedures for developing and implementing the system of care that is prepared by the council incorporating all regional plans; and  (13) System of care means a comprehensive spectrum of behavioral health and other necessary services organized into a coordinated network to meet the multiple and changing needs of children with emotional disturbance, based on principles set forth in this subchapter.  
 The following guiding principles shall be incorporated into the system of care:   (1) Services shall be child-centered and family-centered and give priority to keeping children with their families;  (2) Services shall be community-based, with decision-making responsibility and management at the regional and local levels;  (3) Services shall be comprehensive, addressing the child's physical, educational, social, and emotional needs;  (4) Agency resources and services shall be shared and coordinated;  (5) Services shall be provided in the least restrictive setting consistent with effective services and as close to home as appropriate;  (6) Services shall be culturally and ethnically sensitive;  (7) Services shall address the unique needs and potential of each child and shall be sufficiently flexible to meet highly individualized child and family needs;  (8) Services shall promote early identification and intervention; and  (9) Services shall be designed to protect the rights of children.  
 The components of the system of care shall include, but not be limited to:   (1) Single point of entry;  (2) Screening and assessment;  (3) Case management;  (4) Case review;  (5) Collaborative evaluation; and  (6) Service array.  
 (a)  (1) There is created a Child and Adolescent Service System Program Coordinating Council that shall meet on a quarterly basis and at other times deemed necessary to perform its functions.  (2) The council shall include the following persons to be selected and appointed by the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Human Services:  (A) At least three (3) parents, parent surrogates, or family members of a child or children with emotional disturbance;  (B) A member of an ethnic minority;  (C) A child advocate;  (D) Child and Adolescent Service System Program coordinators from each of the certified community mental health centers;  (E)  (i) One (1) or more representatives from specific divisions or agencies in the Department of Human Services and the Division of Elementary and Secondary Education.  (ii) Each representative shall have official duties related to the delivery of behavioral health services for children and adolescents with emotional disturbances.  (iii) Specific designations of membership of the council shall be determined through interdepartmental and intradepartmental agreements that will be renewed on an annual basis; and    (F)  (i) At least seven (7) representatives from private or public agencies or organizations that are stakeholders in behavioral health services for children and adolescents with emotional disturbances.  (ii) The commissioner and the secretary shall jointly appoint an appropriate number of stakeholders.        (b) The council shall:  (1) Advise and report to the commissioner and the secretary on matters of policy and programs related to children with emotional disturbances and their families;  (2) Identify and recommend fiscal, policy, training, and program initiatives and revisions based on needs identified in the planning process;  (3) Provide specific guidelines for the development of regional services and plans based on the guiding principles of the system of care;  (4) Review and approve regional plans developed by regional program teams and incorporate the regional plans into the statewide plan;  (5) Ensure that mechanisms for accountability are developed and implemented;  (6) Submit a statewide plan and budget recommendations to the commissioner and the secretary on or before March 15 of each even-numbered year thereafter preceding the legislative session;  (7) Develop and recommend special projects to the commissioner and the secretary;  (8) Provide a written report on a quarterly basis to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth that summarizes progress implementing this subchapter;  (9) Establish guidelines and procedures for the voting membership, officers, and annual planning of both the council and the regional program planning teams which the council will review and update on an annual basis; and  (10) Make recommendations for corrective action plans to the commissioner and the secretary in the event that a regional program planning team does not produce a timely regional plan that meets a plan of care or fails to implement the approved regional plan.    
 (a) A regional Child and Adolescent Service System Program planning team shall be established in each community mental health center catchment area.  (b)  (1) Each team shall include individuals who are not state employees and who are not providers of services to children with emotional disturbances or their families but who are parents, parent surrogates, family members, or consumers.  (2) Every effort shall be made to encourage and assist parents, parent surrogates, family members, consumers, and advocates to participate in program planning teams.    (c) The regional program planning teams shall include agency representatives from the community mental health centers, the Division of Developmental Disabilities Services of the Department of Human Services, the Division of Children and Family Services of the Department of Human Services, the Department of Health, the local school districts or education service cooperatives, and any willing provider.  (d) Additional representatives of other local services and programs shall be added by the regional team and will include representatives from the juvenile justice system or youth services providers and local preschool programs, if possible.  (e) Each regional team member may appoint a single person to serve as his or her proxy.  (f) The regional program planning team shall:  (1) Advise and report to the Child and Adolescent Service System Program Coordinating Council on matters of policies, resources, programs, and services relating to children with emotional disturbances and their families;  (2) Identify and recommend program initiatives and revisions based on area and community-based needs;  (3) Submit a regional plan and guidelines for interagency service delivery teams to the council on or before February 15 of each even-numbered year preceding the legislative session;  (4) Develop and implement special projects for community-based services; and  (5)  (A) Ensure that interagency service teams are established and utilized in coordinating services for children and adolescents referred to the program.  (B) Each service delivery team shall have sufficient and appropriate representation from identified service providers and will complete a multiagency plan of services for each child or adolescent receiving program services.  (C) Each member of the service delivery teams shall share information, evaluations, and data necessary to produce an effective, individualized multiagency plan of services.  (D) Every effort shall be made to assist parents, parent surrogates, family members, and consumers to participate as members of the interagency service delivery team.      
 (a) The staff for the Child and Adolescent Service System Program Coordinating Council shall be provided by the Child and Adolescent Service System Program project for the first two (2) years and subsequently by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.  (b) The division shall serve as the coordinating agency and shall develop and support the regional program team network and the council and shall provide training and technical assistance relevant to the system of care.  (c) Annual site reviews and program evaluations of regional program teams will be coordinated by the division and shall involve a multiagency team of professionals, family members, consumers, and advocates.  (d) The division's council staff shall provide an annual report summarizing program regional and coordinating council activities, strategic plans, and outcomes to the Secretary of the Department of Human Services and the Commissioner of Elementary and Secondary Education each year on or before October 15.  
 (a) Children suspected of having emotional disturbances who are referred for Child and Adolescent Service System Program services shall be given a screening and assessment through the single point of entry, after which an initial interagency service plan shall be defined and developed.  (b) The community mental health centers are hereby designated as the single point of entry.  (c) The assessment shall be conducted by the community mental health center serving the area in which the child or adolescent lives.  (d) The community mental health center shall be accessible on a twenty-four-hour basis, shall accept referrals from multiple sources, have interagency linkages, involve parents, ensure immediate access to crisis intervention services, and have authority to seek needed services.  (e) If after screening and assessment or collaborative evaluations it is determined that a child with emotional disturbance needs multiagency services, then initial and subsequent individualized multiagency service plans for the child and the child's family shall be jointly developed by the appropriate local or regional representatives of the community mental health centers, of the Department of Human Services county office, of the Department of Health, of the Special Education Unit of the Division of Elementary and Secondary Education, of the local school district, and of any other service provider identified to meet the needs of the child and his or her family. The individualized service plan shall reflect an integrated service delivery that specifies services or programs with funding to be provided by each agency. The service plan shall also designate responsibility for case management.  
 (a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is designated the state agency responsible for the coordination and oversight of the Comprehensive Children's Behavioral Health System of Care Plan.  (b) All state agencies that receive funding, either state or federal, shall participate in collaborative planning for the system of care to support behavioral health services for children and adolescents.  (c) Each state agency that receives funding, either state or federal, to support behavioral health services for children and adolescents shall:  (1)  (A) Enter into an interagency collaborative agreement with the division on or before July 2005 with regard to the responsibilities of each agency in the development and implementation of the Comprehensive Children's Behavioral Health System of Care Plan.  (B) The agreements shall be updated annually; and    (2) Submit all pertinent information, including expenditures and programming data, to the division in the time and manner established through the collaborative agreements.    (d)  (1) On or before April 15, 2006, for the fiscal year beginning July 1, 2006, and annually thereafter, the division shall submit the state plan for the comprehensive child and adolescent system of care to:  (A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and  (B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.    (2) The state plan for the Child and Adolescent Service System Program Comprehensive Childrens Behavioral Health System of Care Plan shall include, but not be limited to:  (A) The projected budget for each state agency that will be used to support behavioral health services;  (B) Prevention and early intervention;  (C) The service array and capacity for services supported through public funds that are available statewide and county by county; and  (D) An assessment of service deficits with recommendations for a plan to address service deficits with available funds.      (e)  (1) On or before October 15, 2006, for the fiscal year beginning July 1, 2005, and annually thereafter, the division shall submit a report concerning the operation of the Comprehensive Children's Behavioral Health System of Care Plan to:  (A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and  (B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth.    (2) The report shall include, but not be limited to:  (A) Actual funds expended for child and adolescent behavioral health services;  (B) Prevention and early intervention services;  (C) Service utilization data at all levels of care; and  (D) Outcome data for the system of care.      
 As used in this subchapter:   (1) Community mental health centers means those private nonprofit organizations certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services under  20-47-202 as community mental health centers and contracted to perform designated public mental health services in the respective catchment areas of the state;  (2) Inmate with mental illness means a jail inmate who, after being assessed by a person qualified by licensure to conduct an assessment, meets the criteria for serious mental illness or is in danger of harm to self or to others;  (3) Jail inmate means a natural person who is in the custody of law enforcement authorities within the confines of a county jail;  (4) Person with mental illness means a person who appears to be a danger to himself or herself or to others or to need mental health evaluation for treatment and may include an individual detained by a law enforcement officer; and  (5) Protocol means standardized outlines of the steps to be taken by law enforcement officers, jails, community mental health centers, or regional secure psychiatric facilities to handle the situation of each person with mental illness arrested by a law enforcement officer.  
 (a) Each county jail shall prepare and may use during the intake process a standard checklist, including behavioral indicators of mental health problems.  (b) If a checklist is used, the checklist shall be a permanent part of the jail inmate's record and shall record all mental health efforts that should be taken in relation to the jail inmate.  (c) Each county jail shall adopt the standard protocols to assist law enforcement personnel and mental health personnel as follows:  (1) A protocol that sets forth the steps that should be taken initially for all arrested persons to determine their mental health status, including physical indications that may affect mental health status;  (2)  (A) A protocol to be used for those persons who, based on the results of the protocol drafted under subdivision (c)(1) of this section, may be in need of psychiatric or co-occurring condition treatment.  (B) Under the protocol drafted under subdivision (c)(2)(A) of this section, only licensed mental health professionals shall be responsible for comprehensive screening and assessment subsequent to a finding that the arrested person is in need of psychiatric or co-occurring condition treatment.  (C) Ordinarily the mental health professionals under subdivision (c)(2)(B) of this section should be supplied by the community mental health center for the catchment area in which the jail is located; and    (3)  (A) A protocol for case management for jail inmates with a mental illness who are referred to a community mental health center.  (B) The protocol drafted under subdivision (c)(3)(A) of this section shall outline the responsibilities of each party and the steps to be followed in providing treatment to the referred inmate.  (C) The protocol drafted under subdivision (c)(3)(A) of this section shall include a crisis plan for periods beyond the normal work day or work week.      (d)  (1) A standard model for the checklist to be prepared under this section and a standard model for the protocols to be drafted under this section shall be prepared by a committee to be convened by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services within six (6) months after July 31, 2007.  (2) The committee convened under subdivision (d)(1) of this section consists of a representative designated by each of the following agencies or departments:  (A) Arkansas Association of Chiefs of Police;  (B) County Judges Association of Arkansas;  (C) Arkansas Judicial Council, Inc.;  (D) Arkansas Municipal League;  (E) Arkansas Sheriffs' Association;  (F) Community mental health centers;  (G) Criminal Justice Institute;  (H) Department of Community Correction;  (I) Disability Rights of Arkansas, Inc.;  (J) Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;  (K) Office of the Prosecutor Coordinator;  (L) Department of Psychiatry of the University of Arkansas for Medical Sciences; and  (M) Arkansas Public Defender Commission.    (3) The committee shall submit the completed standard protocols and the standard checklist required under subdivision (d)(1) of this section to the division and to the Arkansas Judicial Council, Inc. for approval.  (4) The division shall provide copies of the standard protocols and the standard checklist to sheriffs, chiefs of police, and county judges and shall post the standard protocols and the standard checklist on a public website.    (e) The committee convened under subdivision (d)(1) of this section shall recommend:  (1) Establishment of the needs for acute mental health beds throughout the state; and  (2) Provision of appropriate funding where needed for construction, operations, renovation, and equipment for meeting the state's needs for acute mental health beds to the extent such funds are appropriated for the purpose.    (f) The division shall develop a standardized report related to all aspects of the implementation of this subchapter.  (g) Each community mental health center shall complete and submit quarterly to the division the report developed under subsection (f) of this section.  (h) The division shall publish annually within sixty (60) days after the end of the state's fiscal year a compilation of the quarterly reports to be made available to the public and, if necessary, to serve as the basis for action to end.  
 Unless sufficient appropriations are provided for the purposes of this subchapter, the parties have no new obligations under this subchapter. 
 This subchapter shall be known and may be cited as the Arkansas System of Care for Behavioral Healthcare Services for Children and Youth Act. 
 The purpose of this subchapter is to help facilitate the establishment of an improved system of behavioral health care for children and youth, especially those with serious emotional disturbances. 
 The General Assembly finds:   (1) The system for providing behavioral healthcare services to children, youth, and their families should ensure that those services are appropriate, cost-effective, and provided in the least restrictive settings;  (2) Behavioral health and other services identified in  20-47-502(10) are provided to children and youth by various departments, agencies, and providers at both the state and local level, often without appropriate or effective collaboration;  (3) Providing effective services for children with the most severe needs requires many areas of expertise and shared responsibility among the aforementioned departments, agencies, and providers; and  (4) The system of behavioral health care should be built upon the foundation established by the Child and Adolescent Service System Program principles identified in  20-47-503. The guiding principles for establishing the system of care should be:  (A) The system should be family-driven, child-centered, and youth-guided and should include family participation at all levels of the services system;  (B) The system should be community-based with decision-making responsibility and management at the regional and local levels; and  (C) The system should be culturally competent, with agencies, programs, and services responsive to the cultural and individual differences of the populations they serve.    
 The Governor shall establish a Children's Behavioral Health Care Commission. The commission shall:   (1) Consist of nine (9) members, who shall:  (A) Include families and advocates for children receiving behavioral healthcare services and representatives from a variety of behavioral healthcare agencies, disciplines, and providers; and  (B) Serve three-year terms, except that the initial term for two-thirds (2/3) of the membership shall be equally divided by lot with one-half of such persons serving an initial term of one (1) year and the other half serving an initial term of two (2) years; and    (2) Provide advice and guidance to the Department of Human Services and other state agencies providing behavioral healthcare services to children, youth, and their families on the most effective methods for establishing a system-of-care approach.  
 The Department of Human Services, with advice from the Children's Behavioral Health Care Commission, shall:   (1) Identify and implement actions for ensuring that children, youth, and their families are full partners in the design and implementation of all aspects of the system of care as well as full partners in decisions about their care or their children's care;  (2) Identify up to two million dollars ($2,000,000) per year to apply to the following purposes:  (A) Meeting extraordinary, non-Medicaid-reimbursable needs of children, youth, and their families, as identified in multiagency plans of services;  (B) Supporting creation or strengthening of entities designed to guide the development and operation of local, regional, and state components of the system of care;  (C) Strengthening family and advocate skills and capacity to provide meaningful input on the system of care; and  (D) Supporting the development and enhancement of needed behavioral healthcare services in underserved areas;    (3) Revise Medicaid rules to increase quality, accountability, and appropriateness of Medicaid-reimbursed behavioral healthcare services, including, but not limited to:  (A) Clarifying behavioral healthcare services definitions to assure that the definitions are appropriate to the needs of children, youth, and their families;  (B) Revising the process for Medicaid to receive, review, and act upon requests for behavioral health care for children and youth classified as seriously emotionally disturbed;  (C) Clarifying Medicaid certification rules for providers serving children, youth, and their families to assure that the certification rules correlate with the requirements for enrollment as a Medicaid provider of behavioral healthcare services;  (D)  (i) Defining a standardized screening and assessment process designed to provide early identification of conditions that require behavioral healthcare services.  (ii) The standardized process shall ensure that:  (a) Assessments guide service decisions, outcomes, and, if appropriate, development of a multiagency plan of services; and  (b) Services delivered are appropriate to meet the needs of the child as identified by the assessment;        (4) Research, identify, and implement innovative and promising local, regional, or statewide approaches for better managing the state's resources devoted to children's behavioral health; and  (5) Create additional capacity within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to develop, support, and oversee the new system of care for behavioral healthcare services for children, including:  (A)  (i) Selecting a new outcomes measurement tool to support an improved system of tracking, accountability, and decision-making.  (ii) The new outcomes measurement tool shall be selected no later than September 30, 2015, and shall replace the current outcomes measurement tool for purposes of reporting required in  20-47-510; and    (B) Creating additional staff support to provide technical assistance, utilize information, identify and encourage best practices, monitor performance, and recommend system improvements.    
 The standardized screening and assessment tool established by Medicaid rules shall:   (1) Guide service decisions and outcomes; and  (2) Establish guidelines to identify children who need a multiagency plan of services.  
 Each multiagency plan of services shall:   (1) Be consistent with the results of the standardized screening and assessment established by Medicaid rules;  (2) Provide for collaboration among the child, the persons or entities responsible for the child's care and custody, and the providers of behavioral healthcare services for the child; and  (3) Be appropriate to meet the behavioral healthcare needs of the child as defined by the assessment.  
 The Department of Human Services shall report annually on progress to the:   (1) Governor;  (2) House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth; and  (3) House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.  
 The Department of Human Services shall promulgate rules in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., as necessary to carry out this subchapter. 
 This subchapter shall be known and may be cited as the Behavioral Health Crisis Intervention Protocol Act of 2017. 
 (a) It is the intent of the General Assembly to create an established protocol for crisis intervention by law enforcement agencies and jail personnel, the court system, hospitals, healthcare providers, and mental health professionals to address the methods and procedures to be used by law enforcement agencies and jail personnel, the court system, hospitals, healthcare providers, and mental health professionals in engaging with an individual who demonstrates substantial likelihood of committing bodily harm against himself or herself, or against another person, and who is an individual with a behavioral health impairment, mental disability, mental illness, or other permanent or temporary behavioral health or mental impairment.  (b) Further, it is the intent of the General Assembly that the behavioral health crisis intervention protocol created under this subchapter and established to address engagement with a member of the public who is an individual with a behavioral health impairment results not in prosecution or incarceration but in a lawful detention of the individual until his or her behavioral health impairment is managed to the point that the individual is substantially less likely to commit a criminal or otherwise dangerous act.  
 As used in this subchapter:   (1) Activities of daily living means without limitation:  (A) Ambulating;  (B) Transferring;  (C) Eating;  (D) Bathing;  (E) Dressing;  (F) Grooming; and  (G) Toileting;    (2)  (A) Behavioral health impairment means a substantial impairment of emotional processes, the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions that interfere with one (1) or more activities of daily living.  (B) Behavioral health impairment may include a temporary behavioral health or mental impairment that results when an individual is under the influence of alcohol or a controlled substance to the extent that the impairment is substantial to the point of meeting the definition under subdivision (2)(A) of this section and is a manifestation of a mental health condition or a substance abuse disorder;    (3) Community mental health center means an entity recognized by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services under  20-46-301 et seq.;  (4) Comprehensive psychiatric emergency service means a specialized psychiatric service operated by a crisis stabilization unit and located in or near a hospital or other facility that can provide psychiatric emergency services for a period of time greater than can be provided in the hospital or other facility;  (5) Crisis intervention protocol means the implementation of established methods and procedures, including the creation of a behavioral health crisis intervention team and establishment of a crisis stabilization unit, to address a criminal or otherwise dangerous act by a member of the public who is an individual with a behavioral health impairment in a manner that results in the management of the individual's behavioral health impairment to the point that the individual is substantially less likely to commit a criminal or otherwise dangerous act;  (6)  (A) Crisis intervention team means a community partnership among law enforcement agencies and jail personnel, healthcare providers, and mental health professionals.  (B) A crisis intervention team also may include consumers and family members of consumers to serve in an advisory capacity;    (7) Crisis intervention team officer means a law enforcement officer who is:  (A) Authorized to make arrests under the laws of this state;  (B) Trained and certified in behavioral health crisis intervention by law enforcement under  12-9-119; and  (C) Employed by a law enforcement agency that is a participating partner in a crisis intervention team;    (8) Crisis stabilization unit means a public or private facility operated by or used by a behavioral health crisis intervention team in the administration of a behavioral health crisis intervention protocol;  (9) Crisis stabilization unit catchment area means the geographical area that a crisis stabilization unit serves;  (10) Extended observation bed means a bed that is used by a comprehensive psychiatric emergency service in a facility certified by the Department of Human Services, or a division of the department, for the purpose of providing comprehensive psychiatric emergency services;  (11) Mental health professional means a person qualified by licensure and experience in the diagnosis and treatment of behavioral health conditions;  (12) Participating partner means a law enforcement agency, a community mental health center, a consumer, a crisis stabilization unit, a mental health services provider, mental health professional, or a hospital that has entered into the collaborative agreement required under  20-47-806 to implement a crisis intervention protocol;  (13) Psychiatric emergency services means services provided by mental health professionals that are designed to reduce the acute psychiatric symptoms of an individual with a behavioral health impairment and, when possible, to stabilize that individual so that continuing treatment can be provided in the individual's community;  (14) Psychiatric nurse practitioner means a registered nurse licensed and certified by the Arkansas State Board of Nursing as an advanced practice nurse under the title of Clinical Nurse Practitioner or Clinical Nurse Specialist who:  (A) Has completed at least one (1) year of advanced practice nursing as a clinical nurse practitioner or clinical nurse specialist; and  (B) Is working within the scope of practice as authorized by law;    (15) Psychiatric physician assistant means a physician assistant licensed by the Arkansas State Medical Board who:  (A) Has completed at least one (1) year of practice as a physician assistant employed by a community mental health center; and  (B) Is working under the supervision of a physician at a crisis stabilization unit;    (16) Substantial likelihood of bodily harm means:  (A) That an individual:  (i) Has threatened or attempted to commit suicide or to inflict serious bodily harm against himself or herself;  (ii) Has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another person, and there is a reasonable probability that the conduct will occur;  (iii) Has placed another person in reasonable fear of serious bodily harm; or  (iv) Is unable to avoid severe impairment or injury from a specific risk; and    (B) There is a substantial likelihood that serious bodily harm will occur unless the individual is provided psychiatric emergency services and treatment; and    (17) Triage and referral services means services designed to provide evaluation of an individual with a behavioral health impairment as defined under subdivision (2)(A) of this section in order to direct that individual to a community mental health center, mental health facility, hospital, or other mental health services provider that can provide appropriate treatment.  
 (a) If during or after the initiation of a crisis intervention protocol under this subchapter a mental health professional or medical professional believes the individual being detained would benefit more from a longer commitment in a residential facility, the mental health professional or medical professional may institute commitment proceedings as authorized under  20-47-201 et seq.  (b) If a commitment proceeding is initiated under  20-47-201 et seq. in a court with jurisdiction, that proceeding shall control and any custodial detention or treatment as part of a crisis intervention protocol initiated under this subchapter shall cease in lieu of any commitment or treatment ordered by the court.  (c)  (1) A crisis intervention protocol may be ended before the maximum detention time of seventy-two (72) hours has elapsed, as described under  20-47-810, by the law enforcement agency that has custody of the individual at its discretion if:  (A) The individual in custody under this subchapter agrees to remain at the crisis stabilization unit voluntarily;  (B) The detaining law enforcement agency reasonably believes that the individual would not be a danger to himself or herself or to others if he or she remained at the crisis stabilization unit voluntarily; and  (C) The crisis stabilization unit agrees to allow the individual to remain at the crisis stabilization unit.    (2)  (A) An individual who is released from custody and remains at a crisis stabilization unit voluntarily under this subsection is free to leave the crisis stabilization unit at any time.  (B) A crisis stabilization unit may:  (i) Discharge an individual who is released from custody and remains at the crisis stabilization unit voluntarily at its discretion; and  (ii) As part of the discharge process and subject to the consent of the person no longer in custody, provide the person with a follow-up treatment plan and a request that the person utilize the treatment plan, including subsequent appointments with a mental health professional.        
 (a) As part of a crisis intervention protocol established under this subchapter, a law enforcement agency or community mental health center, as a participating partner, is authorized to establish a crisis intervention team or multiple crisis intervention teams to provide psychiatric emergency services and triage and referral services for individuals with a behavioral health impairment who demonstrate substantial likelihood of committing bodily harm against themselves or against another person as a more humane alternative to confinement in a jail.  (b) A crisis intervention team shall have at least one (1) designated hospital or community mental health center within the specified crisis stabilization unit catchment area that has agreed to serve as a crisis stabilization unit and to provide psychiatric emergency services, triage and referral services, and other appropriate medical services for individuals in the custody of a crisis intervention team officer or who have been referred by the community mental health center within the specified crisis stabilization unit catchment area.  (c)  (1) As a participating partner and serving as a crisis stabilization unit, a hospital, community mental health center, or mental health facility may establish a comprehensive psychiatric emergency service to provide psychiatric emergency services to an individual with a behavioral health impairment for a period of time greater than allowed in a hospital or other facility's emergency department when, in the opinion of the treating physician, psychiatric nurse practitioner, or psychiatric physician assistant, the individual is likely to be stabilized within seventy-two (72) hours so that continuing treatment can be provided in the local community rather than a crisis stabilization unit or the Arkansas State Hospital.  (2)  (A) During the time an individual with a behavioral health impairment is under a crisis intervention protocol and detained at a crisis stabilization unit, the individual is considered to be in the custody of the law enforcement agency that detained the individual.  (B) This subchapter does not authorize the forfeit of any state or federal constitutional right regarding the detention and custody of an individual with a behavioral health impairment who has been detained or placed in custody due to the commission of a criminal offense.      (d)  (1) Two (2) or more governmental entities may jointly provide crisis intervention teams and comprehensive psychiatric emergency services authorized under this subchapter.  (2) For the purpose of addressing unique rural service delivery needs and conditions, the Department of Human Services may authorize two (2) or more hospitals, community mental health centers, or mental health services providers to collaborate in the development of crisis intervention teams and comprehensive psychiatric emergency services and shall facilitate any collaboration authorized.    
 (a) A proposed crisis intervention protocol and crisis intervention team shall include necessary collaborative agreements among the participating hospitals, community health centers, mental health service providers, participating law enforcement agencies, and the facility that is designated as the crisis stabilization unit for the crisis stabilization unit catchment area.  (b)  (1) A collaborative agreement under subsection (a) of this section shall specify that the facility designated under the collaborative agreement as the crisis stabilization unit is required to accept for screening and triage an individual who is in the custody of or detained by a law enforcement agency if:  (A) The law enforcement agency employs:  (i) A crisis intervention team officer operating within the crisis stabilization unit catchment area, whether in the field or at a local detention facility; or  (ii) A crisis intervention team officer operating within the crisis stabilization unit catchment area and has entered into an agreement with another law enforcement agency to transport an individual to a crisis stabilization unit; and    (B) The individual has been taken into custody or is detained because the individual demonstrates the substantial likelihood of committing bodily harm against himself or herself or against another person.    (2) A participating partner that is not a law enforcement agency as part of a collaborative agreement under this section shall indemnify a participating law enforcement agency against all acts of negligence that may occur in the course of and scope of the application of a crisis intervention protocol toward another person.    
 (a)  (1) The internal operation of a crisis stabilization unit shall be governed by the administration of a facility designated as the crisis stabilization unit and regulated by the Department of Human Services or a division of the department.  (2) All collaborative agreements under  20-47-806(a) shall be in compliance with the regulatory authorities under subdivision (a)(1) of this section.    (b)  (1) A facility operating as a crisis stabilization unit under a crisis intervention protocol shall appoint a unit director to oversee the operation of the facility-based service.  (2) The unit director shall assure that the services provided are within the guidelines established by the collaborative agreements under  20-47-806(a).    (c) Notwithstanding any other provision of law, this subchapter does not create an entitlement for any individual to receive psychiatric emergency services at a crisis stabilization unit.  
 (a)  (1) If a crisis intervention team officer determines that an individual with a behavioral health impairment demonstrates a substantial likelihood of committing bodily harm to himself or herself or to another person, the crisis intervention team officer may take the individual into custody for the purpose of transporting the individual to the designated crisis stabilization unit serving the crisis stabilization unit catchment area in which the officer has jurisdiction.  (2) The crisis intervention team officer shall certify in writing the reasons for taking the individual into custody.    (b)  (1) Only a crisis intervention team officer with jurisdictional authority to operate within a crisis stabilization unit catchment area may determine whether a person in custody should be transported to the crisis stabilization unit for that crisis stabilization unit catchment area.  (2) However, any law enforcement officer may transport the person to the crisis stabilization unit for that crisis stabilization unit catchment area when the determination under subdivision (b)(1) of this section has been made.    (c)  (1) An individual transported by a crisis intervention team officer to the crisis stabilization unit or an individual referred by the community mental health center under the guidelines of a collaborative agreement under  20-47-806(a) shall be examined by a physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional.  (2) If the individual does not consent to voluntary evaluation and treatment and the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual is an individual with a behavioral health impairment, the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional shall then determine if that individual may be held under the crisis intervention protocol as set out in this subchapter.  (3) If the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual demonstrates a substantial likelihood of committing bodily harm against himself or herself or against another person because of a behavioral health impairment caused by alcohol or a controlled substance and that there is no reasonable less restrictive alternative, the individual may be held at the crisis stabilization unit until the behavioral health impairment has resolved and the individual no longer demonstrates a substantial likelihood of committing bodily harm to himself or herself or against another person.    
 (a)  (1) To implement psychiatric emergency services under a crisis intervention protocol under this subchapter, a crisis stabilization unit shall request licensure from the Department of Human Services for the number of extended observation beds that are required to adequately serve the designated crisis stabilization unit catchment area.  (2) A license for the requested extended observation beds is required before the crisis stabilization unit may put the extended observation beds into service for patients.    (b) If the Department of Human Services determines that psychiatric emergency services under this subchapter are adequate to provide for the privacy and safety of all patients receiving services in the crisis stabilization unit, the Department of Human Services may approve the location of one (1) or more of the extended observation beds within another area of the single point of entry rather than in proximity to the emergency department.  (c) Each psychiatric emergency service shall provide or contract to provide qualified physicians, licensed mental health professionals, psychiatric nurse practitioners, psychiatric physician assistants, and ancillary personnel necessary to provide services twenty-four (24) hours per day, seven (7) days per week.  (d)  (1) A psychiatric emergency service provided by a crisis stabilization unit shall have at least one (1) physician, one (1) psychiatric nurse practitioner, one (1) psychiatric physician assistant, or one (1) mental health professional who is a member of the staff of the crisis stabilization unit and who is on duty and available at all times.  (2) However, the medical director of the psychiatric emergency service may waive the requirement under subdivision (d)(1) of this section if provisions are made for:  (A) A physician in the emergency department to assume responsibility and provide initial evaluation and treatment of an individual with a behavioral health impairment in the custody of a crisis intervention team officer or referred by the community mental health center;  (B) A licensed mental health professional to screen and assess an individual with a behavioral health impairment within thirty (30) minutes of notification that the individual has arrived; and  (C) The physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional on call for the psychiatric emergency service to evaluate the individual with a behavioral health impairment onsite within twelve (12) hours of the individual's admission.    (3) A crisis stabilization unit is encouraged to use telemedicine under this subchapter to the extent it is effective and authorized by state law.    
 (a) An individual with a behavioral health impairment who is admitted to a psychiatric emergency service under a crisis intervention protocol under this subchapter shall have a final disposition within a maximum of seventy-two (72) hours or be released from custody.  (b) If the individual with a behavioral health impairment cannot be stabilized within seventy-two (72) hours of entering into a crisis intervention protocol, a participating partner may institute commitment proceedings as authorized under  20-47-201 et seq.  (c) An individual who has been released from custody and has chosen to stay at a crisis stabilization unit voluntarily under  20-47-804(c) is not bound by the seventy-two-hour maximum time of detention under this section.  (d) As part of the discharge process after the seventy-two-hour hold has expired and the individual is being released from custody, and subject to the consent of the individual no longer in custody, a crisis stabilization unit may provide the individual with a follow-up treatment plan and a request that the individual utilize the treatment plan, including subsequent appointments with a mental health professional.  
 A person acting in good faith in connection with the detention of an individual with a behavioral health impairment under the crisis intervention protocol as set out in this subchapter is immune from civil or criminal liability for those acts. 
 (a)  (1) A director of a community mental health center shall actively encourage hospitals, community mental health centers, mental health services providers, and other mental health professionals to develop psychiatric emergency services.  (2) If a collaborative agreement can be negotiated with a hospital, community mental health center, or other healthcare facility that can provide a comprehensive psychiatric emergency service, that hospital, community mental health center, or other healthcare facility shall be given priority when designating the single point of entry.    (b) The Department of Human Services shall encourage community mental health center directors to actively work with hospitals, mental health services providers, other mental health professionals, and law enforcement agencies to develop a crisis intervention protocol and associated crisis intervention teams and psychiatric emergency services and shall facilitate the development of those collaborations.  
 The Department of Human Services is authorized to utilize rulemaking in order to properly implement the provisions of this subchapter concerning the certification of a nonhospital crisis stabilization unit. 
 (a) The General Assembly finds that:  (1) There are more than three hundred (300) outpatient service sites in the state for the delivery of rehabilitative services for persons with mental illness;  (2) There is no information that any eligible Medicaid beneficiary has experienced or is experiencing difficulty obtaining medically necessary rehabilitative services for persons with mental illness;  (3) The Arkansas Medicaid Program has projected that there will be insufficient state general revenues available to maintain the current level of services beginning in state fiscal year 2017; and  (4) Federal funding incentives are not available for the expansion of rehabilitative services for persons with mental illness.    (b) The intent of this subchapter is to avoid unnecessary expansion in costs and services related to rehabilitative services for persons with mental illness.  
 As used in this subchapter, rehabilitative services for persons with mental illness means an array of clinical services for individuals with mental illness intended to provide core mental health services for the treatment and prevention of mental disorders in Medicaid recipients. 
 (a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall:  (1) Process a certification request for a site for rehabilitative services for persons with mental illness within ninety (90) calendar days of receiving all information that is necessary to review and process the certification request; and  (2) Notify a prospective provider of rehabilitative services for persons with mental illness or an existing provider of rehabilitative services for persons with mental illness in writing of the certification determination and furnish a copy to the Division of Medical Services of the Department of Human Services.    (b)  (1) Certification of a site for rehabilitative services for persons with mental illness that was not certified as of October 31, 2008, shall be suspended unless:  (A) The site had a pending application under review by the Division of Behavioral Health Services on October 31, 2008;  (B) The site is a replacement site opened by an existing provider of rehabilitative services for persons with mental illness to provide continuity of rehabilitative services for persons with mental illness when the provider of rehabilitative services for persons with mental illness is terminating services at a currently certified and operating site; or  (C) The site is an existing operation.    (2) This moratorium shall remain in effect until January 1, 2018.    (c)  (1) If the Director of the Division of Aging, Adult, and Behavioral Health Services determines that the suspension is causing an undue hardship on a person with mental illness, the director may authorize a reasonable accommodation.  (2) An undue hardship may exist if medically necessary services become unavailable due to the closure of a site for rehabilitative services for persons with mental illness or the ceasing of operations of a provider of rehabilitative services for persons with mental illness.    (d) The suspension shall not prohibit an existing provider of rehabilitative services for persons with mental illness from delivering rehabilitative services for persons with mental illness in a public school.  
 As used in this chapter:   (1)  (A) Accredited nonprofit entity means a nonprofit entity that:  (i) Has successfully completed an ongoing accreditation process that is related to the delivery of services to adults with developmental disabilities and is offered by a national accrediting organization;  (ii) Satisfies the appropriate licensure criteria established by the Division of Developmental Disabilities Services; and  (iii) Is positioned to provide nonresidential services to adults with developmental disabilities upon licensure by the division when no existing nonprofit community program is interested in providing the specific category of nonresidential services to adults with developmental disabilities that have been identified by the division as underserved.    (B) As used in subdivision (1)(A)(i) of this section, national accrediting organization includes without limitation:  (i) The CARF International; or  (ii) Any other similar national accrediting organization recognized by the division;      (2) Existing operations means the provision by a qualified community provider of one (1) or more of the following services without regard to order:  (A) A licensed early intervention day treatment program or adult developmental day treatment program;  (B) A licensed developmental disability services group home in operation and recognized by the division on or before July 1, 1995;  (C) An intermediate care facility for individuals with intellectual disabilities that has fifteen (15) beds or fewer; or  (D) An apartment complex in operation and serving individuals with developmental disabilities on or before January 1, 2008;    (3) Human development center means an institution maintained for the care and training of persons with developmental disabilities;  (4) Intellectual and developmental disability means a disability of a person that:  (A)  (i) Is attributable to an impairment of general intellectual functioning or adaptive behavior, including cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism;  (ii) Is attributable to any other condition of a person found to be closely related to intellectual and developmental disability because the condition results in an impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual and developmental disability or requires treatment and services similar to that required for a person with an intellectual and developmental disability; or  (iii) Is attributable to dyslexia resulting from a disability described in subdivision (2)(A)(i) or subdivision (2)(A)(ii) of this section;    (B) Originates before the person attains twenty-two (22) years of age;  (C) Has continued or can be expected to continue indefinitely; and  (D) Constitutes a substantial impairment to the person's ability to function without appropriate support services, including, but not limited to, planned recreational activities, medical services such as physical therapy and speech therapy, and sheltered employment or job training;    (5)  (A) Nonprofit community program means a program that provides only nonresidential services to persons with developmental disabilities or provides nonresidential and residential services to persons with developmental disabilities and is licensed by the division.  (B) A nonprofit community program serves as a quasi-governmental instrumentality of the state by providing support and services to persons who have a developmental disability or delay and would otherwise require support and services through state-operated programs and facilities; and    (6)  (A) Qualified nonprofit community program means a nonprofit community program that holds a valid nonprofit community program license issued by the division.  (B) Qualified nonprofit community program includes:  (i) A nonprofit community program that holds a license that was issued by the division on or before February 1, 2007; and  (ii) An accredited nonprofit entity that is awarded a license as a nonprofit community program by the division after February 1, 2007.      
 It is the specific recommendation of the General Assembly that the Division of Developmental Disabilities Services of the Department of Human Services utilize Title XIX, social services block grant, and state grants-in-aid funds available to nonprofit community programs to seek to achieve the following goals:   (1) Providing for operation of nonprofit community programs that the state agency encouraged the nonprofit community programs to build with nonstate funds;  (2) Determination by the division of reasonable costs for the services provided by nonprofit community programs; and  (3) That the state not reduce reasonable cost funding of nonprofit community programs.  
 (a) The operation of the community-based Intermediate Care Facilities for Individuals with Intellectual Disabilities program will be subject to the oversight of a five-member committee composed of three (3) members of the House of Representatives to be appointed by the Speaker of the House of Representatives and two (2) members of the Senate to be appointed by the President Pro Tempore of the Senate.  (b) The committee shall provide oversight for the operation of the program and make recommendations, within the appropriate federal regulations and guidelines, to the Division of Developmental Disabilities Services and the Office of Long-Term Care to establish and clarify the mission, goals, levels of services, and scope of the program and to provide consistency in state rules, guidelines, standards, and policies.  (c) The committee shall also make recommendations for adequate funding to ensure the fiscal integrity of the program to allow it to be operated pursuant to the state rules and federal regulations, guidelines, standards, and policies.  
 (a)  (1) The intent of this section is to avoid unnecessary duplication of costs and services in the expansion of nonresidential services to adults with developmental disabilities.  (2) A designation by the Division of Developmental Disabilities Services of the Department of Human Services that a county is underserved with regard to a specific category of nonresidential services to adults with developmental disabilities establishes that an expansion of nonresidential services to adults with developmental disabilities in the underserved county is necessary.    (b)  (1) The division shall not issue a new license for operation of a nonprofit community program or approve an application from a nonprofit community program to implement additional nonresidential services to benefit adults with developmental disabilities that are not currently offered by the nonprofit community program unless the division has determined that:  (A) The county in which the program seeks to operate is underserved with regard to a specific category of nonresidential services currently offered to adults with developmental disabilities and currently funded from available state or federal funds; or  (B)  (i) The county in which the program seeks to operate is underserved with regard to new services not currently available to adults with developmental disabilities and the new services should be made available to benefit adults with developmental disabilities.  (ii) State or federal funds are available in amounts necessary to support the delivery of new services not currently available to adults with developmental disabilities.      (2)  (A) The division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs with existing operations in the county designated by the division as underserved.  (B) If nonprofit community programs with existing operations in the county that do not currently offer the specific category of nonresidential services identified by the division as underserved determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs in the remainder of the state.  (C) If all nonprofit community programs in the remainder of the state determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation.      (c) In granting an approval under this section, the division shall give approval in the following order of preference:  (1) A qualified nonprofit community program with existing operations in the county that does not currently offer the specific category of nonresidential services to adults with developmental disabilities identified by the division as underserved;  (2) A qualified nonprofit community program from another county in the state;  (3) An accredited nonprofit entity in the underserved county;  (4) An accredited nonprofit entity from another county in the state; and  (5) An accredited nonprofit entity from outside the state.    (d)  (1)  (A) A license from the division is required for operation of a nonprofit community program.  (B) A qualified nonprofit community program is required to apply to and obtain the approval of the division to implement additional nonresidential services to adults with developmental disabilities that are not currently offered by the qualified nonprofit community program.    (2)  (A) If an application is approved, the division shall issue a new license or service expansion approval if it finds that the proposed nonresidential service expansion meets the criteria for approval established by the division.  (B) If the application is denied, the division shall send written notice of the denial to the applicant that sets forth the criteria that the proposed nonresidential service expansion failed to meet.      
 As used in this subchapter:   (1) Community and Employment Supports Services Waiver Program means the home and community-based waiver program authorized by the Centers for Medicare & Medicaid Services under section 1915(c) of the Social Security Act, 42 U.S.C.  1396 et seq., and administered by the Division of Developmental Disabilities Services;  (2)  (A) Gross receipts means compensation paid to a provider for services provided through, or identical to those provided under, the Community and Employment Supports Services Waiver Program.  (B) Gross receipts does not include charitable contributions; and    (3) Medicaid means the medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., and administered by the Division of Medical Services.  
 (a)  (1) There is imposed a provider fee on services provided through, or identical to those provided under, the Community and Employment Supports Services 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 Supports Services Waiver Program shall not be guaranteed, expressly or otherwise, that any additional moneys paid to the provider for services under the Community and Employment Supports Services 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.    
 (a) The administration of this subchapter shall be exercised by the Director of the Division of Medical Services of the Department of Human Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (b)  (1) In accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for:  (A) The proper imposition and collection of the provider fee;  (B)  (i) The enforcement of this subchapter, including without limitation certification nonrenewal, letters of caution, sanctions, or fines.  (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500).  (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;    (C) The format for reporting gross receipts; and  (D) The administration of this subchapter.    (2) The rules shall not grant any exceptions to, or exceptions from, the provider fee.    
 (a)  (1) The provider fee imposed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund.  (2) The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.  (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., shall be used only as follows:  (A) For the amount resulting from the first five and five-tenths percent (5.5%) of the provider fee:  (i) A minimum of fifty percent (50%) shall be used for the support and enhancement of services under the Community and Employment Supports Services Waiver Program to persons with developmental disabilities; and  (ii) An amount not to exceed fifty percent (50%) may be used by the Division of Medical Services; and    (B) The amount resulting from the next five-tenths of one percent (0.5%) of the provider fee shall be used by the Division of Developmental Disabilities Services for the support of the state's human development centers.      (b)  (1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter that are unused at the end of a fiscal year shall be carried forward.  (2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter may not be used to supplant other local, state, or federal funds.  (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.    
 The imposition imposed under  20-48-1002 shall not take effect or shall cease to be imposed if the imposition is determined to be an impermissible tax or not eligible for federal financial participation under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq. 
 The intent of this subchapter is to avoid unnecessary expansion in Medicaid costs and services related to early intervention day treatment services for children or any successor program providing early intervention day treatment to children. 
 As used in this subchapter:   (1) Accredited entity means a corporate entity that:  (A) Has successfully completed an ongoing accreditation process that is offered by a national accrediting organization and is related to the delivery of early intervention day treatment services; and  (B) Satisfies all certification and licensure criteria established by the Department of Human Services for the delivery of early intervention day treatment services;    (2)  (A) Early intervention day treatment means services provided by a pediatric day treatment program run by early childhood specialists, overseen by a physician, and serving children with developmental disabilities, developmental delays, or a medical condition that puts them at risk for developmental delay.  (B) Early intervention day treatment includes without limitation diagnostic, screening, evaluative, preventive, therapeutic, palliative, and rehabilitative and habilitative services, including speech, occupational, and physical therapies and any medical or remedial services recommended by a physician for the maximum reduction of physical or mental disability and restoration of the child to the best possible functional level.  (C) Early intervention day treatment or a successor program constitutes the state's early intervention day treatment program;    (3)  (A) Early intervention day treatment services operated by an academic medical center means an academic medical center program specializing in developmental pediatrics that is administratively staffed and operated by an academic medical center and under the direction of a board-certified or board-eligible developmental pediatrician.  (B) An academic medical center consists of a medical school and its primary teaching hospitals and clinical programs.  (C) Early intervention day treatment services operated by an academic medical center may be provided at different sites operated by the academic medical center if the early intervention day treatment services program falls under one (1) administrative structure within the academic medical center;    (4) Existing operations means services provided by an early intervention day treatment services program that has submitted a completed application to the Division of Medical Services to serve as a Medicaid provider no later than July 1, 2013;  (5) Medicaid means the medical assistance program authorized under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., and established under  20-77-101 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of individuals who are aged, blind, or disabled and whose income and resources are insufficient to meet the cost of necessary medical services;  (6) National accrediting organization includes without limitation:  (A) The CARF International; or  (B) Any other similar national accrediting organization recognized by the Division of Developmental Disabilities Services; and    (7) Successor program means a program:  (A) That provides early intervention day treatment to children;  (B) That is created as a replacement for, combination of, or derived in whole or in part from the early intervention day treatment services program for children; and  (C) In which the for-profit and nonprofit providers from early intervention day treatment services programs are eligible to participate.    
 (a)  (1) Certification and licensure are required for operation as an early intervention day treatment program.  (2) Certification shall be granted on a countywide basis.    (b) Before obtaining certification, an early intervention day treatment services program is required to apply to and obtain the approval of the Division of Developmental Disabilities Services to implement new early intervention day treatment services under the criteria established under this subchapter.  (c) A certified early intervention day treatment services program with existing operations on July 1, 2013, shall not be required to obtain the approval of the division to continue existing operations.  
 (a) An expansion of early intervention day treatment services in a county is necessary when the Division of Developmental Disabilities Services of the Department of Human Services determines that a county is underserved with regard to:  (1) Early intervention day treatment services; or  (2) A specific category of early intervention day treatment services currently offered to children with developmental disabilities or delays.    (b) As a condition of the issuance of a new certification to operate a child health management services program, a new license to operate a developmental day treatment clinic services program for children, or a new certification or license for a successor program, the division must determine that a county of the state is underserved in accordance with subsection (a) of this section.  (c)  (1) The division shall have sixty (60) days from the date of an application for expansion of early intervention day treatment services in which to determine whether a county is underserved under subsection (a) of this section.  (2)  (A) The division shall provide the applicant with a written report of its findings and conclusions by certified mail.  (B) The division shall provide a copy of the report to the appropriate licensing or certification authority of the applicant.    (3) If the division determines that the county is not underserved under subsection (a) of this section, the applicant shall have thirty (30) days from the date of the applicant's receipt of the written report in which to appeal the determination to the Office of Appeals and Hearings of the Department of Human Services under the Arkansas Administrative Procedure Act,  25-15-201 et seq.    
 (a) When considering an application for approval under this subchapter for expansion of early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or any successor program services, the Division of Developmental Disabilities Services of the Department of Human Services shall give approval in the following order of preference:  (1) A certified child health management services, a licensed developmental day treatment clinic services for children, or a successor program with existing operations in the county identified by the division as underserved;  (2) A certified child health management services program, a licensed developmental day treatment clinic services for children, or a successor program from another county in the state;  (3) An accredited entity in the underserved county;  (4) An accredited entity from another county in the state; and  (5) An accredited entity from outside the state.    (b) The division shall not require accreditation of the following entities in order to approve the entity's application for expansion of early intervention day treatment services under this subchapter:  (1) A certified child health management services program with existing operations on July 1, 2013;  (2) A licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013;  (3) A successor program that was a certified child health management services program with existing operations on July 1, 2013; or  (4) A successor program that was a licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013.    
 (a) The Division of Developmental Disabilities Services of the Department of Human Services shall provide written notice by certified mail of its designation under  20-48-1104 to all child health management services programs, developmental day treatment clinic services programs for children, and successor programs with existing operations in the county designated by the division as underserved.  (b) If all child health management services programs, developmental day treatment clinic services programs for children, and successor programs with existing operations in the county designated by the division as underserved determine not to expand early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or successor program services in the underserved county, the division shall provide written notice by certified mail of its designation under  20-48-1104 to all providers of child health management services, developmental day treatment clinic services for children, and any successor program services in the remainder of the state.  (c) If all child health management services programs, developmental day treatment clinic services programs for children, and successor programs in the remainder of the state determine not to expand early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or successor program services in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation.  
 (a) The Division of Developmental Disabilities Services of the Department of Human Services may adopt rules to implement this subchapter.  (b) The division shall work with stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, in the development of rules under this subchapter.  
 (a) On or before July 1, 2013, the Department of Human Services shall convene stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, to assist in determining the feasibility of combining or merging the child health management services program and the developmental day treatment clinic services program for children into a successor program.  (b)  (1) This subchapter does not require a successor program to include child health management services programs operated by an academic medical center.  (2) Child health management services programs operated by an academic medical center shall be subject to all other provisions of this subchapter, including without limitation  20-48-1103 and 20-48-1104.    
 This subchapter shall be known and may be cited as the Arkansas Intellectual and Developmental Disabilities Act. 
 As used in this subchapter, unless the context otherwise requires:   (1) Community means either region or locality;  (2)  (A) Coordinate means to utilize resources in appropriate sequence and relationship to provide the proper services for individuals with intellectual and developmental disabilities.  (B) Coordinate implies a working relationship with, but not administrative authority over, public agencies providing services to individuals with intellectual and developmental disabilities;    (3) Individual means a person without regard to chronological age;  (4)  (A) Individual with intellectual and developmental disabilities means:  (i) A person with a mental deficit requiring him or her to have special evaluation, treatment, care, education, training, supervision, or control in his or her home or community, or in a state institution for persons with intellectual disabilities; or  (ii) A person with intellectual and developmental disabilities who may not exhibit an intellectual deficit on standard psychological tests but who, because of other handicaps, functions as a person with intellectual disabilities.    (B) Individual with intellectual and developmental disabilities does not include a person whose primary condition is caused by mental illness, emotional disturbance, physical handicap, or sensory defect;    (5) Intellectual and developmental disability means the same as defined in  20-48-603;  (6) Locality means a geographical area defined by the Division of Developmental Disabilities Services or the appropriate division as determined by the Secretary of the Department of Human Services usually consisting of a municipality or county but not excluding other areas within easy commuting distance;  (7) Private organizations means organizations, persons, firms, individuals, corporations, or associations;  (8) Public agencies means all agencies, departments, boards, institutions, commissions, officers, officials, political subdivisions and agencies thereof, and school districts of this state;  (9) Region means a geographical area defined by the Division of Developmental Disabilities Services, usually consisting of all or parts of two (2) or more counties, which is created to provide services for individuals with intellectual and developmental disabilities when the services cannot be provided feasibly or practically at the local level;  (10) Services for individuals with intellectual disabilities or services means all services pertaining to and incidental to the prevention, detection, diagnosis, evaluation, treatment, care, custody, education, training, rehabilitation, or supervision of individuals with intellectual disabilities; and  (11) Superintendent means the chief administrative officer assigned full-time to a human development center.  
 (a)  (1) The Board of Developmental Disabilities Services shall consist of seven (7) members, at least one (1) of whom shall be a woman, who shall be citizens and residents of the State of Arkansas and more than twenty-five (25) years of age.  (2) One (1) of the members shall be a resident of each of the six (6) former congressional districts established by Acts 1951, No. 297 [repealed].  (3) The seventh member shall be a member at large.    (b) Upon completion of the term of each member, a successor shall be appointed for a term of seven (7) years.  (c) Appointment to fill a vacancy arising other than by expiration of a term of office shall be for the unexpired portion thereof.  (d) Appointment shall be made by the Governor with the advice and consent of the Senate.  (e) The board shall serve without compensation, except that each board member may receive expense reimbursement and stipends in accordance with  25-16-901 et seq.  
 (a) The Board of Developmental Disabilities Services shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor shall be chosen. The chair shall preside at meetings of the board, and in his or her absence, the vice chair shall preside.  (b) The board is authorized to designate the commissioner or some employee of the Division of Developmental Disabilities Services to serve as disbursing officer of all funds of the division.  (c) The board shall meet at least one (1) time each three (3) months and at such other times as the chair may deem advisable.  (d) The board shall report biennially to the Governor and General Assembly.  (e) The affirmative vote of four (4) members of the board shall be necessary to take any board action.  
 (a) The Board of Developmental Disabilities Services:  (1) Shall:  (A) Have charge of the properties used for the purposes of the human development centers;  (B) Supervise:  (i) Appointment of employees;  (ii) Performance of duties by employees, including off-premises assignments for educational or training purposes;  (iii) Removal of employees; and  (iv) Fixing of employee compensation; and    (C) Supervise expenditures of the human development centers; and    (2) May:  (A) Accept and hold in trust real, personal, or mixed property received by grant, gift, will, or otherwise;  (B) Purchase land or receive grants or gifts of land and take deeds therefor in the name of the State of Arkansas;  (C) Accept grants or gifts of money from any source whatever and use the money for any of the powers and purposes of the board; and  (D) Take all action and execute all documents necessary or desirable to carry out the powers and purposes of the board.      (b) The board may make rules regarding the care, custody, training, and discipline of individuals with intellectual and developmental disabilities in the human development centers or receiving services for individuals with intellectual and developmental disabilities and respecting the management of the human development centers and the affairs as the board may deem necessary or desirable to the proper performance of the powers and purposes of the board.  (c) The board is prohibited from promulgating any rule that would set the salary of any employee at the local level unless specifically required to do so by the United States Government.  
 (a) With regard to the establishing and operating of the human development centers, the Board of Developmental Disabilities Services, in addition to the authorities, rights, and duties granted by this subchapter, shall continue to have all of its authorities, rights, and duties granted by existing law, which shall include, without limitation, the applicable provisions of  20-48-401 et seq. and  20-48-501 et seq., save only those instances where there are express inconsistencies, in which event the provisions of this subchapter shall control.  (b)  (1) Admissions to the institutional facilities of the human development centers shall be on the basis of a determination by the board that:  (A) The individual involved has an intellectual and developmental disability;  (B) His or her parent or guardian has resided in the state not less than three (3) years before the date of the filing of the petition for his or her admission, or the individual involved is a dependent and a public charge or ward of the state or a political subdivision thereof;  (C) The welfare of the individual involved requires the special care, training, or education provided by institutional facilities of the human development center; and  (D) The board has adequate funds and institutional facilities available for the care, training, or education of the individual.    (2)  (A) The determination of whether an individual has an intellectual and developmental disability shall be made after there has been an investigation that includes an examination by an evaluation team appointed by the board.  (B) The team shall be composed of two (2) or more physicians, psychiatrists, psychologists, or other persons found by the board to be professionally qualified on the basis of training and experience in services for individuals with intellectual and developmental disabilities to make a determination as to whether the individual involved has an intellectual and developmental disability.      
 (a) If and to the extent necessary to accomplish the intended purpose of this subchapter to make available the broadest and most effective provision of intellectual and developmental disabilities services to those in need of the services, the Board of Developmental Disabilities Services is authorized to contract for the providing of intellectual and developmental disabilities services by other public agencies or private organizations.  (b) In this regard, the board may promulgate rules and fix standards necessary to properly ensure that such intellectual and developmental disabilities services are furnished in a proper and reasonable manner and on an economical basis.  
 (a) The Board of Developmental Disabilities Services shall:  (1) Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and  (2) Promuglate rules covering the issuance, suspension, and revocation of licenses and fixing the standards for construction, reconstruction, maintenance, and operation of institutions and facilities, or parts thereof, operated primarily for the providing of intellectual and developmental disabilities services, unless the facilities or institutions in their entirety are licensed by the Office of Long-Term Care.    (b) A public agency or private organization shall not operate any institution or facility for the provision of intellectual and developmental disabilities services unless the private agency or private organization has a license in effect.  (c) The board shall not deny a license or suspend or revoke a license unless the applicant or licensee has notice and an opportunity for a hearing. The hearing and proceedings incidental thereto shall be governed by the provisions of the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (d) By appropriate proceeding in the Pulaski County Circuit Court, the board may enjoin the operation of any organization so long as it is not in compliance with the provisions of this subchapter.  
 (a)  (1) The Board of Developmental Disabilities Services is designated as the single state agency for the purpose of full participation under any federal act requiring the designation of a single state agency concerning planning, formulation, and implementation of programs, construction and operation of facilities, financing of facilities and programs, or otherwise pertaining to the obtaining and rendition of intellectual and developmental disabilities services.  (2) However, subdivision (a)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services.    (b)  (1) The Board of Developmental Disabilities Services may coordinate the planning and implementation of intellectual and developmental disabilities programs and institutional and community activities of all public agencies.  (2) However, subdivision (b)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services.    (c)  (1) Effective planning and coordination is essential to the public interest.  (2) In order to achieve this to the fullest extent possible, the Board of Developmental Disabilities Services may establish and promulgate rules fixing standards for intellectual and developmental disabilities programs and activities and evaluate intellectual and developmental disabilities programs and activities of public agencies.    
 (a)  (1) There is created the office of the Deputy Director of the Division of Developmental Disabilities Services.  (2) The deputy director shall:  (A) Be appointed by the Board of Developmental Disabilities Services in consultation with the Secretary of the Department of Human Services;  (B) Be a person of proven administrative ability and professional qualifications, preferably holding a Ph.D. or equivalent, but including at least a master's degree in psychology, education, social service, or other field of study approved by the board and shall have at least five (5) years' experience in intellectual and developmental disabilities services;  (C) Be the Chair of the Board of Developmental Disabilities Services and shall maintain an official set of minutes of all board action; and  (D) Be the executive officer of the Division of Developmental Disabilities Services and shall operate and manage the division, subject to the control of the board and in consultation with the secretary.      (b) The board may delegate to the deputy director any powers of the board upon such terms and for such duration as the board shall specify.  
 (a)  (1) The Board of Developmental Disabilities Services may take the necessary action to establish and maintain, or to cause to be established and maintained, community centers, alone or together with public agencies or private organizations, at localities determined to be appropriate for the better providing of or for assistance in the providing of intellectual and developmental disabilities services in any region or locality of the state.  (2) Community centers may be organized on a formal or informal basis as shall be determined to best suit the circumstances at any particular region or locality, including without limitation organization under the provisions of the Arkansas Nonprofit Corporation Act,  4-28-201  4-28-206 and 4-28-209  4-28-224.    (b)  (1) Within the limits of available funds, a program for furnishing intellectual and developmental disabilities services shall be developed for each community center which may include a state grants-in-aid program.  (2) The board may promulgate rules covering the establishment and operation of community centers, the formulation and implementation of intellectual and developmental disabilities programs and activities for community centers, and the funding of the programs and activities.    (c) The board is prohibited from promulgating any rule that would set the salary of any employee of a community-based program unless specifically required to do so by the United States Government.  
 (a) The Board of Developmental Disabilities Services, when preparing its biennial budget request for submission to the Governor and the Legislative Council, shall consult with Special Olympics Arkansas concerning the amount which is to be submitted as the request for each year of the forthcoming biennium for a grant to Special Olympics Arkansas.  (b) The amount determined by Special Olympics Arkansas shall be submitted as the board's request to the Governor and to the Legislative Council.  
 The purpose of this subchapter is to permit the Board of Developmental Disabilities Services to cooperate with public agencies or private nonprofit organizations of adjoining states to provide services for residents of Arkansas with intellectual and other developmental disabilities. 
 (a) Subject to the conditions and limitations contained in this subchapter, the Board of Developmental Disabilities Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performing its responsibility to the residents of Arkansas with intellectual and other developmental disabilities.  (b) The agreements may include financial participation, using any funds that are at its disposal, to the extent that similar services would be performed within the state.  
 Every agreement or contract entered into in accordance with this subchapter shall specify the following:   (1) Full names and addresses of all parties to the agreement;  (2) The precise organization, composition, and nature of the legal or administrative entity that will be providing services, together with its powers and limitations and manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;  (3) A description of the joint or cooperative undertaking that specifies the duties and responsibilities of all parties to the agreement;  (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget thereof, or in the case whereby one (1) of the participants agrees to furnish specified services, the financial arrangements therefor;  (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon a partial or complete termination; and  (6) Any other necessary and proper matters.  
 (a) At the discretion of the Board of Developmental Disabilities Services, every agreement made pursuant to this subchapter shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of this state before and as a condition precedent to its entry into force.  (b) The Attorney General shall approve any agreement submitted to him or her hereunder unless he or she shall find that it does not meet the conditions set forth in this subchapter and shall detail in writing addressed to the board and the governing bodies concerned with the agreement the specific respects in which the proposed agreement fails to meet the requirements of law.  (c) Failure to disapprove an agreement submitted pursuant to this subchapter within twenty (20) days of its submission shall constitute approval thereof.  
 Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact. 
 As used in this subchapter, unless the context otherwise requires:   (1) [Repealed.]  (2) Center means a human development center; and  (3) Superintendent means the superintendent of a human development center.  
 Any person who violates the following provisions shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment for not less than six (6) months, or both:   (1) Under the provisions of this subchapter, knowingly, unlawfully, or improperly causes an individual to be adjudged developmentally disabled;  (2) Procures the escape of an individual or knowingly conceals an escaped individual of a human development center; or  (3) Unlawfully brings any firearm, deadly weapon, or explosive into a center or its grounds or passes any thereof to an individual, employee, or officer of a center.  
 (a) There are created and there shall be maintained institutions for the care, custody, treatment, and training of individuals with intellectual and other developmental disabilities to be known as human development centers.  (b) For the purposes of the institutions, the Board of Developmental Disabilities Services is charged with the care and training of individuals with intellectual and other developmental disabilities.  
 An individual may be deemed eligible for admission to a human development center if, due to intellectual or other developmental disability, the individual is incapable of managing his or her affairs and the individual's welfare requires the special care, training, and treatment provided at a human development center. 
 (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.  
 (a)  (1) Upon receipt of the petition under  20-48-405, the Board of Developmental Disabilities Services shall make a determination as to whether or not a human development center then has adequate facilities and funds to properly care for, treat, and train the individual. If the board determines that no center currently has adequate facilities and funds, then the individual shall not be admitted to a center. If the board determines that the centers do have adequate facilities and funds to care for, treat, and train the individual and that the proposed admission would not crowd the centers beyond their maximum capacity, it shall cause an investigation to be made on the petition.  (2)  (A) The investigation shall include an examination of the individual through the use of standard mental and psychological tests and physical examinations by two (2) reputable physicians appointed or designated by the board for the purpose of determining the mental status and condition of the individual and whether or not the individual has or is a carrier of a contagious or infectious disease.  (B) The investigation may also include one (1) or more examinations of the individual by psychologists, psychiatrists, and physicians designated by the board.  (C) The board may proceed toward admission of the individual to the center in accordance with the provisions of subsection (b) or subsection (c) of this section, whichever the board may deem proper in the particular case, but taking into consideration the request contained in the petition if the board determines from the investigation that:  (i) The statements made in the petition are true and correct;  (ii) The individual is eligible under the provisions of  20-48-404;  (iii) The individual neither has nor is a carrier of a contagious or infectious disease; and  (iv) The individual is not suffering from psychosis of such nature and extent that a center could not properly and beneficially care for, treat, and train the individual with the facilities and program it then has.        (b) The board may permit the voluntary admission of the individual to a center for such period of time as the board may deem necessary for the proper care, training, and education of the individual. The admission shall be by action of the board without the necessity of any court procedure.  (c)  (1) The board may determine that the individual should be admitted to a center by legal commitment only. In that event, the board shall file the petition for admission with the circuit court of the county in which the individual resides. There shall be filed with the court, along with the petition, such of the reports received by the board in the course of its investigation and examination as the board may deem necessary.  (2) The court shall promptly set a time and place for a hearing on the petition.  (3) The court may appoint one (1) or two (2) reputable physicians to examine the individual and report to the court the mental status of the individual and whether he or she is afflicted with or a carrier of a contagious or infectious disease, or it may adopt the report of the physician appointed by the board in the investigation of the individual as provided for in subsection (a) of this section.  (4) Upon the hearing on the petition, the court shall determine whether or not the individual should be committed to a center for care, treatment, and training and shall enter an appropriate order in accordance with its determination.    
 (a) The order of commitment shall include the name, residence, and date of birth of the individual, the nationality and address, insofar as may be ascertained, of his or her parents, and the amount of his or her estate.  (b) The order of commitment shall be made in duplicate and signed by the judge of the court. One (1) copy shall become a record of the court files, and the other copy shall be mailed by the clerk of the court to the superintendent of the human development center.  
 (a) The superintendent of a state institution other than a human development center may report to the examining physicians and request the examination of any individual therein deemed intellectually disabled.  (b) Upon receipt of the report and request, the examining physicians shall conduct the examination in the county in which the institution having custody of the individual is located and, in the event that it is determined by the examining physicians that the individual is intellectually disabled and will benefit by the services offered by the center, shall file a petition showing those facts with the court originally committing the individual to the institution.  (c) Upon receipt of the petition, the court may order the individual transferred to a center.  
 (a) The Board of Developmental Disabilities Services may, under such conditions and for such length of time as it may deem advisable, permit an individual to leave a human development center for the purpose of visiting in a private home and may revoke or extend the period of the visit or change the conditions upon which it is granted.  (b) The board shall, before the granting of a permit to visit, cause an investigation to be made of the home in which the individual is to visit and such other conditions and circumstances as may affect his or her welfare and behavior.  (c) The board may provide such supervision of an individual leaving the center for the purpose of a visit as it may deem advisable.  (d) An individual receiving a permit to visit shall not be deemed discharged from the center.  
 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. 
 (a)  (1) In the case of each petition for admission, the Board of Developmental Disabilities Services shall investigate and determine whether the individual or his or her parents or guardian can pay for the maintenance, training, education, or care of the individual.  (2) The board is authorized to establish a system of charges to be based upon the ability of the individual or his or her parents or guardian to pay for maintenance, training, education, or care and to impose the charges.  (3) However, if the board determines that the individual or his or her parents or guardian is unable to pay for all or part of the maintenance, training, education, or care of the individual, the board may provide all or part without charge.  (4) The board may vary the schedule of charges from time to time as circumstances warrant.    (b)  (1) If any individual or his or her parents or guardian shall fail or refuse to pay the charges so assessed by the board, the board shall have and is granted the authority to institute appropriate legal proceedings in a court of competent jurisdiction for the collection of the charges.  (2) The board is authorized to retain the services of legal counsel and pay a reasonable fee for any services furnished the board.    (c) All fees provided for by subsections (a) and (b) of this section for the benefit of the human development centers shall be deposited into the State Treasury as special revenues and shall be credited to the Developmental Disabilities Services Fund Account.  (d) Subsections (a) and (b) of this section shall be liberally construed. The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.  
 (a) Any individual who has entered a human development center by voluntary admission in accordance with the provisions of  20-48-406(b) may be withdrawn from the center at any time upon the application of the parent or guardian who has legal custody of the individual, provided the parent or guardian shall have first given to the Board of Developmental Disabilities Services thirty (30) days' notice in writing of his or her intention to withdraw the individual from the center.  (b) An individual committed by order of the circuit court to a center or transferred from another institution shall not be discharged therefrom until, in the judgment of the board and the superintendent of the center, his or her condition justifies the discharge. Whenever the board in its sole judgment determines that the individual should be discharged, the discharge shall be by order of the board, and the board shall certify the discharge to the circuit court of the county making the order of commitment.  
 (a) The Board of Developmental Disabilities Services may establish and operate an appropriate facility at such location in the state as it shall determine for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditions, and individuals with disorganized behavior, including hyperkinetic, hyperactive, or aggressive behaviors who function as individuals with co-occurring intellectual disabilities and behavioral health disabling conditions.  (b) The board may make rules regarding eligibility for admission to the facility, care and treatment of the individuals, discharge from and return to the facility, charges for the maintenance, care, and training of individuals admitted to the facility, and such other matters as the board shall deem necessary to carry out the most effective program for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditions of this state.  
 (a) The Board of Developmental Disabilities Services is authorized to extend to selected staff members of the human development centers off-premises assignments for educational or training purposes. In determining whether to make the off-premises assignments, the board shall be guided by the recommendations of the center superintendent based on such considerations as the requirements of the center for qualified personnel, the availability of qualified persons in specialized fields, the availability of funds, and other factors contributing to staff development.  (b)  (1) Before granting any off-premises assignment for educational or training purposes, the board shall enter into an agreement with the staff member which shall require the staff member, upon completion of the educational or training program, to return to the human development center in the same or comparable position for such period of time as may be agreed upon by the board and the staff member.  (2) Any staff member who fails to return to the center pursuant to the agreement shall be liable for any compensation paid to the staff member by the center during the period for which he or she was granted the off-premises assignment for educational or training purposes.  (3) The agreement entered into by the board and the staff member shall provide that the venue of any action brought to recover any funds paid the staff member under the agreement shall be in Pulaski County.    
 (a) The government and control of the human development centers shall be vested in the Board of Developmental Disabilities Services.  (b) The board:  (1) Shall have charge of the property of the state which may be used for the purposes of the centers;  (2) Shall make and execute its bylaws;  (3) Shall appoint and remove its officers, attendants, and employees and fix their compensation;  (4) Shall exercise a strict supervision of the centers' expenditures; and  (5)  (A) May acquire real and personal property by purchase, gift, or other transfer, and may own, sell, and transfer real and personal property and establish trusts.  (B)  (i) Ownership of real and personal property under the control of the board shall be in the name of the State of Arkansas, or in the trust or trusts as the board may from time to time create.  (ii) All property under the control of the board, whether owned by the State of Arkansas or in a trust established by the board, shall be held for the benefit of individuals with developmental disabilities.        (c)  (1) The board shall appoint superintendents who shall not be one of its number. The superintendents shall be reputable, trained administrators of institutions engaged in the care, custody, treatment, and training of children and youth, with at least five (5) years' experience as the superintendent or administrative assistant of such an institution.  (2) The board shall fix the superintendents' salaries and prescribe their duties.    (d)  (1) The board shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor is chosen.  (2) The chair shall preside at meetings of the board, and in his or her absence the vice chair shall preside.  (3) A superintendent shall serve as executive secretary to the board and shall maintain an official set of minutes of all votes and actions of the board. These minutes shall be signed by the superintendent as executive secretary and by the chair of the board.  (4) The board is authorized to designate the superintendent, or some other competent employee or official of the center, to serve as disbursing officer of all funds of the center.    (e) The board shall meet at least one (1) time each three (3) months and at such other times as the chair may deem advisable.  (f) The superintendent of each center shall annually, or more often if required, present to the board for himself or herself and his or her staff a written report of the management of the center setting forth in detail all receipts and disbursements and general conditions of the affairs of the center.  (g) The board shall report biennially to the Governor and General Assembly, accompanying its report with the annual report of the superintendent.  (h) A majority vote of the entire membership of the board shall be necessary to take any board action.  (i) The board may make such rules respecting the care, custody, training, and discipline of individuals admitted to the centers and the management thereof and of its affairs as it may deem for the best interest of the centers and the State of Arkansas.  
 (a) The Board of Developmental Disabilities Services is designated as the single state entity for carrying out any federal act or law pertaining to individuals with intellectual disabilities and other forms of developmental disabilities.  (b) The board may take all action of every nature whatever necessary or desirable in complying with the requirements of any federal act or law and accomplishing the purposes thereof, including without limitation:  (1) The receiving, handling, and disbursing of grants and funds appropriated by any federal act or law;  (2) The making of provisions to assure full consideration of all aspects of services essential to planning for comprehensive state and community action to combat the effects of intellectual and developmental disabilities and provide services for individuals with intellectual and developmental disabilities, including services in the fields of education, employment, rehabilitation, habilitation, welfare, health, and the law, and services provided through community programs for and institutions for individuals with intellectual and developmental disabilities;  (3) The preparing and submitting of plans for expenditure of such grants and funds and providing the assurance required by any federal act or law as to carrying out the purposes of any federal act or law;  (4) The preparing and submitting of reports of the activities of human developmental centers in carrying out the purposes of any federal act or law in such form and containing such information as may be required by any federal act or law and keeping records and affording access to the records in order to assure correctness and verification of such reports as may be required by any federal act or law;  (5) The providing for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for grants and funds paid to the human development centers in accordance with the requirements of any federal act or law; and  (6) The doing of all things and taking of all action to carry out any plans for expenditures of the grants and funds in accordance with and for the accomplishment of the purposes of any federal act or law.    (c)  (1) This section shall be liberally construed.  (2) The enumeration of any object, purpose, power, manner, method, and thing does not exclude like or similar objects, purposes, powers, manners, methods, or things.  (3) This section is supplementary to any existing purposes and powers authorized to be accomplished by the human development centers or the board.    
 (a)  (1) Within thirty (30) days after the death of a resident, a human development center shall provide an accounting and distribute all funds held in trust and all other property to:  (A) The resident's personal representative, if a personal representative has been appointed by a court at the time that the human development center disburses the funds and distributes any other property;  (B) If a personal representative has not been appointed by a court, the resident's spouse; or  (C) If the resident did not have a spouse and a personal representative has not been appointed by the court, the beneficiary named in the beneficiary designation form provided to the human development center by the resident.    (2) A licensee, owner, administrator, or representative of a human development center shall not be named as a beneficiary on a beneficiary designation form.  (3) The resident, or the resident's court-appointed guardian, shall complete the beneficiary designation form at the time of admission to a human development center in the presence of two (2) witnesses who shall sign the form.    (b)  (1) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, the funds held in trust shall be placed in an account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, within the same county as the human development center.  (2) The funds shall not be represented as part of the assets of the human development center on a financial statement.  (3) The human development center shall maintain:  (A) One (1) account for each resident in which are placed all funds held in trust for that resident;  (B) Adequate records to permit compilation of the amount due to each deceased resident's account; and  (C) The resident's account until the funds are disbursed under the probate law,  28-1-101 et seq.      (c) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, all other property held shall be disbursed to the closest relatives of the resident as determined under  28-9-214.  (d)  (1) If any intangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Auditor of State in accordance with the Unclaimed Property Act,  18-28-201 et seq.  (2) If any tangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Division of Developmental Disabilities Services.    (e) The funds and all other property of the deceased resident shall be kept separate from the funds and other property of:  (1) The human development center; and  (2) Other residents of the human development center.    
 (a) This subchapter shall be liberally construed.  (b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.  (c) Furthermore, this subchapter shall be construed as being supplementary to any existing purposes and powers authorized to be accomplished and performed by the Board of Developmental Disabilities Services and by the human development centers.  
 (a) The Board of Developmental Disabilities Services, established and existing pursuant to the provisions of  20-48-401 et seq., is authorized to own, acquire, construct, reconstruct, extend, equip, improve, maintain, operate, lease, contract concerning, or otherwise deal in and with any lands, improvements, buildings, furniture, furnishings, machinery, and personal property of any and every nature whatever, sometimes called properties, that can be used by the board for the accomplishment of, or in connection with the accomplishment of, any of the purposes and powers of the board and of the human development centers as specified by and set forth in  20-48-401 et seq., or as specified by this subchapter or by any constitutional provision or act.  (b) The properties may be located on or near the present operation of the Conway Human Development Center or at any other location in the State of Arkansas where the board shall undertake operations to discharge its purposes and powers.  
 (a) The Board of Developmental Disabilities Services is authorized to use any available revenues for the accomplishment of the purposes specified and referred to in  20-48-502 and is authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes, either alone or together with other available funds and revenues.  (b) The amount of bonds issued shall be sufficient to pay all costs and sums required and necessarily incidental to the accomplishment of the specified purposes, all costs incurred in connection with the issuance of the bonds, the amount necessary to cover debt service on the bonds until revenues are available in a sufficient amount therefor, and the amount necessary for a debt service reserve, if deemed desirable.  
 (a)  (1) Revenue bonds may be issued from time to time for any of the purposes set forth in  20-48-502.  (2) Each issue shall be authorized by resolution of the Board of Developmental Disabilities Services.  (3)  (A) The bonds of each issue shall be coupon bonds payable to bearer but may be made subject to registration as to principal only, except as otherwise provided in subsection (e) of this section, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the resolution may provide.  (B) The resolution may contain terms, covenants, and conditions, including without limitation those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the board and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.    (4) Priority as to lien on revenues between and among successive issues may be controlled by the resolution authorizing the issuance of each issue of bonds.  (5) The bonds shall have all the qualities of negotiable instruments under the negotiable instrument laws of this state.    (b) Each resolution authorizing the issuance of any issue of bonds may provide for the execution by the board of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders. The indenture may control priority as to lien on revenues between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the board and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.  (c) The bonds may be sold at public or private sale for such price, including, without limitation, sale at a discount, and in such manner as the board may determine by resolution.  (d) The bonds shall be executed by the chair and the executive secretary of the board and in case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds of any issue, the signature shall nevertheless be valid and sufficient for all purposes. The coupons attached to the bonds shall be executed by the facsimile signature of the chair of the board.  (e)  (1) In the resolution authorizing the issuance of any issue of bonds, the board may provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the resolution, make such provisions for installment payments of the principal amount of the bonds as it may consider desirable and may provide for the making of the bonds payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsement of payment of interest on such bonds.  (2) The board may make provision in the resolution for the manner and circumstances in which and under which the bonds may in the future at the request of the holders thereof be converted into bonds of smaller denomination, which bonds of smaller denomination may in turn be either coupon bonds or bonds registrable as to principal or registrable as to principal and interest.    
 (a) It shall be plainly stated on the face of each bond issued that the bond has been issued under the provisions of this subchapter. Bonds issued under the provisions of this subchapter shall be general obligations only of the Board of Developmental Disabilities Services, and in no event shall they constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged. There shall be no mortgage or other lien executed on any lands or buildings belonging to the State of Arkansas.  (b) All agreements and contracts entered into by the board in connection with the issuance of any bonds hereunder shall be binding in all respects upon the board and its successors from time to time in accordance with the terms and provisions of the agreements or contracts. The terms and provisions of the agreements or contracts shall be enforceable by appropriate proceedings at law or in equity, or otherwise, including without limitation mandamus.  
 No member of the Board of Developmental Disabilities Services shall be personally liable on any bonds issued pursuant to this subchapter, or for any damages sustained by anyone in connection with agreements and contracts authorizing or pertaining to the bonds of any issue pursuant to this subchapter or the carrying out of any other authority conferred by this subchapter, unless the member involved has acted with a corrupt intent. 
 (a) The principal of, interest on, and paying agent's fees in connection with the revenue bonds of each issue shall be secured by a pledge of and payable in the first instance from the gross charges imposed by the Board of Developmental Disabilities Services pursuant to the provisions of  20-48-411 applicable to the particular properties financed in whole or in part by the proceeds of the bonds of the particular issue involved.  (b)  (1) In addition, the board is authorized to pledge and to use for the payment of the principal of and interest on the bonds of any issue, and paying agent's fees, surplus charges applicable to existing properties and any other properties operated by the board, whether or not the other properties were financed in whole or in part by bonds issued under this subchapter.  (2) Surplus charges, as that term is used in this section, means gross charges which are not pledged to any bond issue and also that amount of any charges that are pledged which is in excess of the amount necessary to meet all requirements of resolutions securing bonds to finance the particular properties to the payment of which the charges are specifically pledged.    (c) As specified in this subchapter, the resolution of the board pledging specific charges can control priorities as to the lien on the charges between successive issues.  (d) In addition, the board is authorized to use, as distinguished from pledge, any available revenues and funds of the board, including without limitation appropriated and cash funds, if available.  (e) All charges assessed and collected by the board pursuant to the authority conferred by  20-48-411 are specifically declared to be cash funds and may be collected and deposited into such banks and depositories as shall be determined from time to time by the board.  (f) Furthermore, in connection with any charges which are pledged to the payment of any issue of bonds pursuant to this subchapter, the board is expressly authorized to make such agreements and contracts with the bondholders, or the trustee for the bondholders, embodied in a resolution or trust indenture, referred to above, authorizing and securing the particular issue of bonds, with reference to the maintenance of the maximum possible occupancy and the maintenance of charges at a specified level, as the board may determine to be necessary or desirable in connection with the issuance of bonds on the most favorable terms possible.  
 (a) Bonds may be issued pursuant to this subchapter for the purpose of refunding any issue of bonds theretofore issued under the provisions of this subchapter.  (b) When refunding bonds are issued, the refunding bonds may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in escrow for the retirement thereof.  (c) All refunding bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.  (d) The resolution under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the charges pledged for their payment as was enjoyed by the bonds refunded thereby.  
 Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes. This exemption includes income and estate taxes. 
 (a) Any municipality or any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality, or any county, or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds in the bonds of the Board of Developmental Disabilities Services issued under the provisions of this subchapter.  (b) The bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.  
 (a)  (1) The Division of Developmental Disabilities Services is authorized to have cash fund accounts for capital improvements to physical plants and for the purchase of capital equipment for the five (5) human development centers operated by the division.  (2) The cash funds shall be held by the division from the proceeds of the sale of timber that may be harvested from land owned by the division.  (3) The harvesting of timber is specifically authorized to provide funds to finance capital improvements to the physical plants and for major capital equipment purchases at any of the five (5) human development centers.    (b) All expenditures of funds derived from the sale of timber will be expended in accordance with relevant state procurement laws.  (c)  (1) The division shall report all income derived from timber management to the Chief Fiscal Officer of the State and to the Legislative Council.  (2) Any contracts initiated for the harvesting of timber shall be submitted to the Review Subcommittee of the Legislative Council for review.    
 This subchapter shall be known as the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities. 
 (a) The General Assembly declares that it is the goal of this subchapter to improve the quality of life of all individuals with intellectual or other developmental disabilities and to integrate individuals with intellectual or other developmental disabilities into the mainstream of society by ensuring them the availability of community residential opportunities in the residential areas of this state.  (b) In order to implement this goal, this subchapter should be liberally construed toward that end.  
 As used in this subchapter, unless the context otherwise requires:   (1) Individual with an intellectual and developmental disability means a person with an intellectual and developmental disability as defined in this section;  (2)  (A) Intellectual and developmental disability means a disability of a person that:  (i) Is attributable to an impairment of general intellectual functioning or adaptive behavior, including cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism;  (ii) Is attributable to any other condition of a person found to be closely related to intellectual and developmental disability because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of individuals with intellectual and developmental disabilities or requires treatment and services similar to those required for the persons;  (iii) Is attributable to dyslexia resulting from intellectual and developmental disability, cerebral palsy, epilepsy, or autism; and  (iv) Has continued or can be expected to continue indefinitely.    (B) Intellectual and developmental disability does not refer to other forms of mental disease or defect not defined in this section; (3) Division means the Division of Developmental Disabilities Services or the staff of the division where the context so indicates;       (4)  Family Home I means a community-based residential home licensed by the division that provides room and board, personal care, habilitation services, and supervision in a single-family environment for not more than eight (8) developmentally disabled persons;    (5)  Family Home II means a community-based residential home licensed by the division that provides room and board, personal care, habilitation services, and supervision in a multifamily environment for more than eight (8) but fewer than sixteen (16) developmentally disabled persons;    (6)  Permitted use means a use by right that is authorized in residential zoning districts; and    (7)  Political subdivision means a county or municipal corporation and includes any boards, commissions, or councils governing land use on behalf of the political subdivision. 
 (a) A Family Home I is a residential use of property for the purposes of zoning and shall be treated as a permitted use in all residential zones or districts, including all single-family residential zones or districts of all political subdivisions. No political subdivision may require that a Family Home I or its owner or operator obtain a conditional use permit, special use permit, special exception, or variance.  (b) A Family Home II is a multifamily residential use of a property for the purpose of zoning and shall be treated as a permitted use in all zoning districts of all political subdivisions allowing multifamily uses. No political subdivision may require that a Family Home II or its owner or operator obtain a conditional use permit, special use permit, special exception, or variance.  
 (a) For the purposes of safeguarding the health and safety of individuals with intellectual or other developmental disabilities and avoiding over-concentration of Family Homes I and Family Homes II, either alone or in conjunction with similar community-based residences, the Division of Developmental Disabilities Services shall inspect and license the operation of family homes and may renew or revoke their licenses.  (b) A license is valid for one (1) year from the date it is issued or renewed although the division may inspect the homes more frequently, if needed.  (c) The division shall not issue or renew and may revoke the license of a family home not operating in compliance with this section and rules adopted hereunder.  
 (a) The Division of Developmental Disabilities Services shall promulgate rules pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq., which shall encompass the following matters:  (1)  (A) Limits on the number of new Family Homes I and Family Homes II to be permitted on blocks, block faces, and other appropriate geographic areas taking into account the existing residential population density and the number, occupancy, and location of similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other treatment programs as well as any other dissimilar facilities such as public housing, soup kitchens at churches, and boarding homes.  (B) Density limits as follows:  (C) There shall be three hundred feet (300') between family homes unless otherwise permitted by local ordinance. There shall be three thousand feet (3,000') between family homes in cities over thirty thousand (30,000) population unless otherwise permitted by local ordinance;    (2) Assurance that adequate arrangements are made for the residents of family homes to receive such care and habilitation as are necessary and appropriate to their needs and to further their progress towards independent living and that they have access to appropriate services such as public transportation, health care, recreation facilities, and shopping centers;  (3) Protection of the health and safety of the residents of Family Homes I and Family Homes II, however, compliance with these rules shall not relieve the owner or operator of any Family Home I or Family Home II of the obligation to comply with the requirements or standards of a political subdivision pertaining to setback, lot size, flood zones, outside appearance, building, housing, health, fire, safety, and motor vehicle parking space that generally apply to single-family residences in the zoning district for Family Homes I or multifamily use districts for Family Homes II. No requirements for business licenses, gross receipt taxes, environmental impact studies, or clearances may be imposed on the homes if those fees, taxes, or clearances are not imposed on all structures in the zoning district housing a like number of persons; and  (4)  (A) Procedures by which any resident of a residential zoning district or the governing body of a political subdivision in which a Family Home I or Family Home II is or is to be located may petition the division to deny an application for a license to operate a Family Home I or Family Home II on the grounds that the operation of the home would be in violation of the limits established pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section or that the proposed location is an area of high risk to the health and safety of the residents of the family home.  (B) Petitions claiming the high-risk-area basis for denial must set forth and document one (1) or more of the following high-risk rationales:  (i) High crime area;  (ii) Close proximity to stored hazardous materials;  (iii) Dangerous traffic pattern;  (iv) Frequent flooding; or  (v) Insufficient fire protection.        (b) The division shall furnish a copy of proposed rules promulgated hereunder to the Arkansas Municipal League, the Association of Arkansas Counties, and the Capitol Zoning District Commission at least thirty (30) days before the public hearing to be held thereon.    City Population Total Number of Homes I and II 1,000 or fewer 1 1,001  9,999 1 for every 2,000 10,000  49,000 1 for every 3,000 50,000  249,000 1 for every 10,000 250,000  1 for every 20,000   Click to view table. 
 (a) All applicants for a license to operate a Family Home I or Family Home II shall apply to the Division of Developmental Disabilities Services for the license and shall file a copy of the application with the governing body of the political subdivision having jurisdiction over the zoning of the land on which the Family Home I or Family Home II is to be located.  (b) Notice of the application shall be sent by mail addressed to the resident as listed in the city directory or occupant of all buildings located within two hundred feet (200') of the proposed site.  (c)  (1) All applicants shall post a sign not less than twelve inches by eighteen inches (12" x 18") at the site.  (2) The sign shall contain such statements as required by rules promulgated pursuant to this subchapter.    (d) All applications must include population and occupancy statistics reflecting compliance with the limits established pursuant to  20-48-606(a)(1)(A) and (B).  (e) The division may not issue a license for a family home until the applicant has submitted proof of filing with the governing body of the political subdivision having jurisdiction over the zoning of the land on which the home is to be located a copy of the application at least thirty (30) days before the granting of the license and any amendment of the application increasing the number of residents to be served at least fifteen (15) days before the granting of a license.  
 In order to facilitate the implementation of  20-48-606(a)(1)(A) and (B), the Division of Developmental Disabilities Services of the Department of Human Services shall maintain a list of the location, capacity, and current occupancy of all Family Homes I and Family Homes II. The division shall ensure that this list shall not contain the names or other identifiable information about any residents of the homes and that copies of this list shall be available to any resident of this state and any state agency or political subdivision upon request. 
 (a) Any political subdivision which currently has zoning restrictions or hereafter adopts zoning restrictions may develop a comprehensive plan for providing adequate sites for Family Homes I and Family Homes II and submit the plan to the Division of Developmental Disabilities Services of the Department of Human Services along with population and occupancy statistics reflecting compliance with the limits established pursuant to  20-48-606(a)(1)(A) and (B).  (b) The plan may also delineate unsuitable sites due to high risks set forth in  20-48-606(4).  (c) The division shall thereafter consult the comprehensive plan filed by the political subdivision in considering licensure of Family Homes I and Family Homes II for that political subdivision.  
 Nothing in this subchapter shall be construed as relieving the owner or operator of any Family Home I or Family Home II of the obligation to comply with outside appearance requirements or structural requirements for location of a Family Home I or Family Home II within a local historic district or within the Capitol Zoning District. 
 (a) Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property that would permit residential use of property but prohibit the use of the property as a Family Home I or Family Home II for individuals with intellectual or other developmental disabilities, to the extent of the prohibition, shall be void as against the public policy of this state and shall be given no legal or equitable force or effect.  (b) Nothing in this subchapter shall be construed directly or analogously to affect the rights of property owners to exclude by express or judicially implied agreements other property uses which are not the subject of this subchapter.  
 The General Assembly finds that the State of Arkansas contracts with nonprofit community programs serving individuals with developmental disabilities as quasi-governmental instrumentalities of the state in order to provide a service that the state would otherwise provide for this population through state-operated programs and facilities. 
 (a)  (1) To provide viable options for an array of community-based services for individuals with developmental disabilities, the Department of Human Services, subject to state and federal funding restrictions, shall establish a reimbursement rate structure for contracting with community programs licensed by the Board of Developmental Disabilities Services that will cover costs of all federal and state mandates for which they are held responsible by the department and for any additionally required processes the department may elect to implement for cost containment and management purposes over and above the established reimbursement rates for costs of treatment services.  (2) By January 1, 2002, the department will design and conduct a rate and cost-of-service review of the reasonable and efficient prospective costs necessarily incurred to provide Medicaid-covered and state-covered services within the community to individuals with developmental disabilities. Subject to federal and state funding restrictions, the department will fund Medicaid services for persons with developmental disabilities in accordance with findings contained in the review and provide state funds for those services to which the individuals are entitled under federal and state laws that are not covered by the Medicaid program. By June 30, 2002, the department will adopt regulations and standards, approved pursuant to this subchapter, which clearly define the state's responsibility to individuals eligible for services under federal laws, including, but not limited to, the Americans With Disabilities Act of 1990, Pub. L. No. 101-336; Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112; and state laws, including  20-14-502, 20-48-101, and 20-48-603, and more specifically:  (A) The categories of services and service limits on each category which will be provided through the Medicaid state plan; and  (B) The categories of services and service limits which will be provided with state general revenue funds or funds that are applicable for provider client services, or both.    (3) There shall be a quarterly progress report to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor by the department on the categories of services and respective service limits, service eligibility guidelines for each service component, and the rate structure based on prospective costs.  (4) Nothing in this subchapter shall be construed to imply the adoption of cost-reimbursement methodology as opposed to a reasonable and necessary rate structure based on prospective costs. However, in the event that the Division of Medical Services of the Department of Human Services develops a new funding mechanism for community-based services provided through the University of Arkansas for Medical Sciences which is a full-cost reimbursement methodology with additional state matching funds provided by existing revenues within that system:  (A) The new service model shall be developed to interface with the existing community-based programs through interagency agreements that enhance and broaden the level of care without duplicating services in communities which already have an array of services for children from birth to twenty-one (21) years of age; and  (B) The university will staff twelve (12) regional clinics, provided the pediatric specialists are available at the university. These will be conducted on a quarterly basis in coordination with local providers to provide diagnosis, evaluation, and consultation by the pediatric specialists employed by the university to the local professional staffs of community programs. The reimbursement for the costs of conducting these outreach clinics must be fully funded by the cost-reimbursement methodology under any new funding model developed for the university by the department.      (b) Subject to state and federal funding restrictions, the reimbursement rates shall be revised annually with market-basket rate adjustments to provide resources to the community-based programs necessary to provide persons choosing community-based services quality care assurance in a safe, healthy environment.  
 (a)  (1) Eligibility for services and appropriate placement in the least restrictive environment for individuals with intellectual and developmental disabilities under any of the service models included in the state's Medicaid plan with the Centers for Medicare & Medicaid Services or for services covered from state general revenue dollars shall be made by the interdisciplinary team composed in keeping with federal and state laws pertaining to individuals with special needs.  (2) Subdivision (a)(1) of this section does not negate or preclude the rights of individuals with intellectual and developmental disabilities under existing federal and state laws.    (b)  (1) Subject to approval by the Centers for Medicare & Medicaid Services, the Department of Human Services will accept an individualized family service plan or an individualized program plan developed in conformity with all applicable state and federal laws as prior authorization for Medicaid-covered therapies provided to persons with intellectual and developmental disabilities.  (2) Prior authorization does not preclude post-payment reviews or other utilization control measures.    (c)  (1) For individuals with intellectual and developmental disabilities who, pursuant to the diagnosis, evaluation, and assessments conducted by the interdisciplinary team, in conformity with all applicable federal and state laws, are found to fall within the eligibility guidelines adopted pursuant to this subchapter, and where the individual's primary care physician, independent of the service provider, serves as the gatekeeper and prescribes early intervention day treatment or adult developmental day treatment services, or both, prior approval is not required for up to five (5) hours of daily services.  (2) If the funding model for the early intervention day treatment and adult developmental day treatment services is changed in the state's Medicaid plan with the Centers for Medicare & Medicaid Services, the five (5) hours per day shall remain the minimum number of hours to afford those families who choose to keep their child or adult with an intellectual or other developmental disability in the community, thereby bearing a considerable responsibility for the care and expenses related to the treatment and care.    
 (a) The conversion to the federally mandated current procedural terminology code system of reimbursement shall take into account the intent of this law to provide sources of funding that cover the costs of services to individuals who choose community-based options, within the adopted and approved eligibility standard, including the prescribed treatment services and all required compliance mandates from the federal and state governments.  (b) If the early intervention day treatment or adult developmental day treatment services codes, or both, are excluded by the Centers for Medicare & Medicaid Services, the Division of Medical Services shall take all necessary steps to apply to the administration for approval of a service model that will continue to provide an array of community-based service options for children and adults comparable to or greater than those under the present early intervention day treatment and adult developmental day treatment services model.  
 A nonprofit organization licensed or certified by the Division of Developmental Disabilities Services to serve adults shall include an individual with intellectual or other developmental disabilities as an ex officio member of the nonprofit organization's board of directors or other governing body. 
 (a) As used in this section:  (1) Registry records check means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in  20-38-101; and  (2) Service provider means any of the following:  (A) A Community and Employment Supports Services waiver provider;  (B) A First Connections provider; or  (C) An early intervention day treatment or adult developmental day treatment provider.      (b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and  20-38-101 et seq., concerning criminal history records checks.  (c)  (1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and  20-38-101 et seq., concerning criminal history records checks.  (2)  (A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under  20-48-801  20-48-811 [repealed] and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under  20-48-801  20-48-811 [repealed].  (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under  20-38-101 et seq.      (d)  (1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and  20-38-101 et seq., concerning criminal records checks.  (2)  (A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under  20-48-801  20-48-811 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under  20-48-801  20-48-811 [repealed].  (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under  20-38-101 et seq.      (e) The Division of Developmental Disabilities Services shall establish by rule requirements for registry records checks for:  (1) An applicant for licensure or certification of a service provider;  (2) An applicant for employment with a service provider; and  (3) An employee of a service provider.    (f) The division shall establish by rule:  (1) Requirements for criminal history and registry records checks of persons who volunteer for a service provider; and  (2) The consequences of a determination that a person who proposes to reside in an alternative living home in which services are provided to an individual with developmental disabilities is disqualified from the residency based on the criminal history of the person.    
 As used in this subchapter:   (1)  (A) Gross receipts means all compensation paid to intermediate care facilities for individuals with intellectual and developmental disabilities for services provided to residents, including without limitation client participation.  (B) Gross receipts does not include charitable contributions;    (2)  (A) Intermediate care facility for individuals with intellectual and developmental disabilities means a residential institution maintained for the care and training of persons with intellectual and developmental disabilities.  (B) Intermediate care facility for individuals with intellectual and developmental disabilities does not include:  (i) Offices of private physicians and surgeons;  (ii) Residential care facilities;  (iii) Assisted living facilities;  (iv) Hospitals;  (v) Institutions operated by the United States Government;  (vi) Life care facilities;  (vii) Nursing facilities; or  (viii) A facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of a recognized religious denomination; and      (3) Medicaid means the medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., as it existed on January 1, 2009, and administered by the Division of Medical Services.  
 (a)  (1) There is levied a provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities to be calculated in accordance with this section.  (2)  (A) The provider fee shall be an amount calculated by the Division of Medical Services to produce an aggregate provider fee payment equal to six percent (6%) of the aggregate gross receipts of all intermediate care facilities for individuals with intellectual or other developmental disabilities.  (B) Aggregate provider fees shall not equal or exceed an amount measured on a state fiscal year basis that may cause a reduction in federal financial participation in Medicaid.      (b)  (1)  (A) The provider fee of an intermediate facility for individuals with intellectual or other developmental disabilities 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 of an intermediate care facility for individuals with intellectual or other developmental disabilities as an allowable cost for Medicaid reimbursement purposes.    (c) An intermediate care facility for individuals with intellectual or other developmental disabilities is not guaranteed, expressly or otherwise, that any additional moneys paid to the intermediate care facility for individuals with intellectual or other developmental disabilities will equal or exceed the amount of its provider fee.  (d)  (1) The division shall ensure that the rate of assessment of the provider fee established in this section maximizes federal funding to the fullest extent possible.  (2) If the division determines that the rate of assessment of the provider fee established in this section equals or exceeds the maximum rate of assessment that federal law allows without reduction in federal financial participation in Medicaid, the division shall lower the rate of assessment of the provider fee to a rate that maximizes federal funding to the fullest extent possible.    
 (a) The Director of the Division of Medical Services of the Department of Human Services shall administer this subchapter and shall be subject to the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (b)  (1) In accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for:  (A) The proper imposition and collection of the provider fee;  (B)  (i) The enforcement of this subchapter, including without limitation license or certification nonrenewal, letters of caution, sanctions, or fines.  (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500).  (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;    (C) The format for reporting gross receipts; and  (D) The administration of this subchapter.    (2) The rules shall not grant any exceptions to or exceptions from the provider fee.    
 (a)  (1) The provider fee assessed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund.  (2) The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.  (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., as it existed on January 1, 2009, shall be used only for:  (A) Continued operation of and rate increases for:  (i) Intermediate care facilities for individuals with intellectual and developmental disabilities;  (ii) Early intervention day treatment and adult developmental day treatment service providers; and  (iii) Services provided to persons with developmental disabilities under the Community and Employment Supports Services waiver;    (B) Expansion of the Community and Employment Supports Services Waiver Program to serve more persons with developmental disabilities than is approved under the waiver program;  (C) The Division of Medical Services; and  (D) Public guardianship of adults.      (b)  (1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities that are unused at the end of a fiscal year shall be carried forward.  (2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities may not be used to supplant other local, state, or federal funds.    
 As used in this chapter, unless the context otherwise requires:   (1) Court shall mean circuit court;  (2) Guardian shall mean one appointed to have the care and custody of the person of an incompetent; and  (3) Incompetent person shall mean a person as to whom it is proved:  (A) He or she is incapable of caring for himself or herself by reason of intellectual and developmental disability, mental illness, imbecility, idiocy, or other mental incapacity;  (B) He or she manifests sexual inclinations which make it probable that he or she will procreate children unless he or she is rendered incapable of procreation; and  (C) There is no probability that his or her condition will improve so that he or she will become capable of caring for himself or herself.    
 Nothing contained in this chapter shall be construed to limit or restrict the right of a competent adult to consent to a sterilization procedure on himself or herself or to render liable any licensed hospital or its governing body or members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor any nurse or physician for the performance of a sterilization procedure upon a competent consenting adult. 
 (a) The circuit court shall have exclusive jurisdiction over all proceedings under this chapter, subject to the right of appeal.  (b) The venue for all proceedings under this chapter shall be:  (1) In the county of this state which is the domicile of the incompetent person; or  (2) If the incompetent person is not domiciled in this state but resides in this state, in the county of his or her residence.    (c) The court shall, on its own motion, appoint for the person who is allegedly incompetent a guardian ad litem, in compliance with the procedure set forth by law for infant defendants.  
 (a) A guardian, in the case of an adult who is an alleged incompetent person, or a parent or guardian, in the case of a minor who is an alleged incompetent person, may petition the court for the sterilization, under this chapter, of an alleged incompetent.  (b) The petition shall state and allege the following:  (1) The name, age, sex, residence, and post office address of the alleged incompetent person;  (2) The name, residence, and post office address of any guardians of the person who is an alleged incompetent person;  (3) The names and addresses, so far as known or can reasonably be ascertained, of the persons most closely related to the alleged incompetent by blood or marriage;  (4) The name and address of any person or institution having the care and custody of the alleged incompetent person; and  (5) That the alleged incompetent person is incompetent, as defined in  20-49-101(3).    
 (a) Notice of the hearing for sterilization need not be given to any person:  (1) Who has signed the petition;  (2) Who has in writing waived notice of the hearing;  (3) Who actually appears at the hearing; or  (4) Whose existence, relationship to the alleged incompetent person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained.    (b) Except as provided in subsection (a) of this section, before the court may order sterilization, notice of the hearing shall be served at least twenty (20) days before the date set for the hearing upon the following:  (1) The alleged incompetent person, if he or she is over fourteen (14) years of age;  (2) The parents of the alleged incompetent person if the alleged incompetent person is a minor;  (3) The spouse, if any, of the alleged incompetent person;  (4) Any person who is a guardian of the person alleged incompetent or any other person who has the care and custody of the alleged incompetent person;  (5) If there is neither known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incompetent person;  (6) As directed by the court, any department, bureau, agency, institution, or political subdivision of the United States or of this state or any charitable organization which has or may be charged with the supervision, custody, control, or care of the alleged incompetent person; and  (7) Any other person designated by the court.    (c)  (1) If the incompetent person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had.  (2) Service on others shall be had in accordance with  28-1-112.    
 (a)  (1) In determining the incompetence of a person for whom sterilization is sought, the court shall require that the evidence of incompetence include the testimony of at least two (2) medical witnesses who shall be found by the court to be qualified. The testimony of one (1) witness may be by written statement.  (2) If the alleged incompetent person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or a hospital or a penal institution, one (1) of the medical witnesses shall be a member of the medical staff of the hospital or institution.  (3) The court in its discretion may appoint one (1) or more qualified medical examiners to examine the alleged incompetent person and report to the court under oath their findings with respect to the incompetent. The report shall be considered with other evidence in the case.  (4) The court shall fix the fees to be paid the examiners, which shall be charged as part of the costs of the proceeding.    (b) The alleged incompetent person shall be entitled to appear at the hearing unless two (2) qualified medical witnesses certify to the court that his or her appearance would result in extreme danger to himself or herself and others, to be represented by legal counsel, to present witnesses, to cross-examine witnesses, and otherwise to defend against the statements and allegations of the petition as in other cases at law or in equity.  (c) The court in its order shall set forth in writing separate findings as to each of the statements and allegations contained in the petition.  (d) A complete and written record shall be made and kept of all proceedings under this chapter.  (e)  (1) The costs of the proceeding shall be paid by the petitioner.  (2) The petitioner may be reimbursed for costs out of the estate of the alleged incompetent, as ordered by the court.    
 If the petition is granted, the court may order that the incompetent be sterilized by X-ray or by vasectomy, in the case of a male incompetent person, or salpingectomy, in the case of a female incompetent person, or other procedure as at the time may constitute a procedure generally accepted by the medical profession, by a licensed medical practitioner at a licensed hospital. 
 An order for sterilization may be appealed from as in other cases at law or in equity, and no such order shall be executed during the time that an appeal may be taken or while an appeal is pending. 
 (a) No action shall be brought against any licensed hospital or its governing body, the members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor against any physician, nurse, or other person who participates in the performance of a sterilization procedure pursuant to and in compliance with a court order issued under the provisions of this chapter.  (b) Nothing contained in this section is intended to exempt from liability any physician, nurse, or other person who, in his or her acts or omissions to act, is found to have failed to observe the standard of care prescribed by law.  
 The Interstate Compact on Mental Health is enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:   ARTICLE I   The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.   ARTICLE II   (a) Sending state shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.  (b) Receiving state shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.  (c) Institution shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.  (d) Patient shall mean any person subject to or eligible as determined by the laws of the sending state for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.  (e) After-care shall mean care, treatment, and services provided a patient, as defined herein, on convalescent status or conditional release.  (f) Mental illness shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.  (g) Mental deficiency shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.  (h) State shall mean any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.    ARTICLE III   (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement, or citizenship qualifications.  (b) The provisions of paragraph (a) of this Article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.  (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this Article unless the sending state has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient, given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish, and unless the receiving state shall agree to accept the patient.  (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.  (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.    ARTICLE IV   (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.  (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.  (c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.    ARTICLE V   Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.   ARTICLE VI   The duly accredited officers of any state party to this compact, upon the establishment of their authority and identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.   ARTICLE VII   (a) No person shall be deemed a patient of more than one (1) institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.  (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two (2) or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.  (c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies, and officers of and in the government of a party state or between a party state and its subdivisions, as to payment of costs or responsibilities therefor.  (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency, or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.  (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care, or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.    ARTICLE VIII   (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances, provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.  (b) The term guardian as used in paragraph (a) of this Article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.    ARTICLE IX   (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.  (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail, or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.    ARTICLE X   (a) Each party state shall appoint a compact administrator who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.  (b) The compact administrator of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.    ARTICLE XI   The duly constituted administrative authorities of any two (2) or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.   ARTICLE XII   This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.   ARTICLE XIII   (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one (1) year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provision of the compact.  (b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.    ARTICLE XIV   The compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. 
 (a) Under this compact, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, or his or her designee, shall be the compact administrator and, acting jointly with like officers of other party states, shall have power to promulgate rules to carry out more effectively the terms of the compact.  (b) The compact administrator is authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreements entered into by this state thereunder.  
 (a) The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Article VII and Article XI of the compact.  (b) In the event that supplementary agreements shall require or contemplate the use of any institution or facility of this state, or require or contemplate the provision of any service by this state, no such agreements shall have force or effect until approved by the head of the department or agency under whose jurisdiction those institutions or facilities are operated or whose department or agency will be charged with the rendering of such service.  
 The compact administrator, subject to the approval of the Chief Fiscal Officer of the State, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder. 
 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. 
 Authorized copies of this chapter shall, upon its approval, be transmitted by the Secretary of State to the Governor of each state, the Attorney General, and the United States Secretary of State, and the Council of State Governments. 
 This subchapter may be cited as the Food, Drug, and Cosmetic Act. 
 As used in this subchapter, unless the context otherwise requires:   (1) Abandoned drug means a drug which:  (A) Is in the possession or control of a person who is without authority under law to possess, purchase, or sell;  (B) In its present circumstances presents a danger to the public health or safety;  (C) Is not properly controlled by the person who by law has authority to possess, purchase, or sell the drug;  (D) Is the subject of a recall order by the United States Food and Drug Administration but has not been returned within a reasonable time after the publication of that order;  (E) Is adulterated, misbranded, or a new drug as defined in this subchapter or a drug intended solely for investigational use and approved by the United States Food and Drug Administration as such for which there is no approval in effect; or  (F) Is otherwise rendered unsafe for use as a result of fire, flood, or other natural disaster;    (2) Advertisement means all representations disseminated in any manner, or by any means other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics;  (3) The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or other use which involves prolonged contact with the body;  (4) Board means the State Board of Health;  (5) Contaminated with filth applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and, as far as may be necessary and by all reasonable means, from all foreign or injurious contaminations;  (6) Cosmetic means:  (A) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and  (B) Articles intended for use as a component of any such articles, except that the term shall not include soap;    (7) Counterfeit substance means a drug which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who, in fact, manufactured, processed, packed, or distributed the drug and which thereby falsely purports or is represented to be the product of or to have been packed or distributed by another drug manufacturer, processor, packer, or distributor;  (8) Device, except when used in subdivision (16)(B) of this section, and in  20-56-209(6),  20-56-211(3),  20-56-213(3), and  20-56-215, means instruments, apparatus, and contrivances, including their components, parts, and accessories which are intended:  (A) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or  (B) To affect the structure or any function of the bodies of humans or other animals;    (9) Drug means:  (A) Articles recognized in the official United States Pharmacopoeia , the official Homeopathic Pharmacopoeia of the United States , the official National Formulary , or in any supplement to any of them;  (B) Articles intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;  (C) Articles other than food intended to affect the structure or any function of the bodies of humans or other animals; and  (D) Articles intended for use as a component of any article specified in subdivisions (9)(A)-(C) of this section, but does not include devices or their components, parts, or accessories;    (10) Federal act means the Federal Food, Drug, and Cosmetic Act;  (11) Food means:  (A) Articles used for food or drink for humans or other animals;  (B) Chewing gum; and  (C) Articles used for components of any such article;    (12) Human growth hormone means somatrem, somatropin, or an analogue of either of them;  (13) Human growth hormone includes both cadaver source and biosynthetic human growth hormones;  (14) Immediate container does not include package liners;  (15) Label means a display of written, printed, or graphic matter upon the immediate container of any article. A requirement made by or under authority of this subchapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or other information also appears on the outside container or wrapper, if there is any, of the retail package of the article, or is easily legible through the outside container or wrapper;  (16)  (A) Labeling means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying the article.  (B) If any article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;    (17) New drug means:  (A) Any drug the composition of which is such that the drug is not generally recognized among experts who are qualified by scientific training and experience to evaluate the safety of drugs as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or  (B) Any drug the composition of which is such that the drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions;    (18) Official compendium means the official United States Pharmacopoeia , the official Homeopathic Pharmacopoeia of the United States , the official National Formulary , or any supplement to any of them; and  (19) Person includes an individual, partnership, corporation, or association.  
 The provisions of this subchapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale and includes the sale, dispensing, and giving of any such article and the supplying or applying of the articles in the conduct of any food, drug, or cosmetic establishment. 
 Nothing in this subchapter shall be construed as requiring the State Board of Health to report for the institution of proceedings under this subchapter any minor violations of this subchapter whenever the board believes that the public interest will be adequately served under the circumstances by a suitable written notice or warning to the violators. 
 (a) Any person who violates any of the provisions of this subchapter shall be guilty of a misdemeanor and for such offense shall, upon conviction, be fined an amount not to exceed five hundred dollars ($500), or shall be sentenced to not more than one (1) year's imprisonment, or both fine and imprisonment, in the discretion of the court. For each subsequent offense and conviction thereof, the person shall be fined not less than one thousand dollars ($1,000) or sentenced to one (1) year's imprisonment, or both fine and imprisonment, in the discretion of the court.  (b) No person shall be subject to the penalties of subsection (a) of this section for having violated  20-56-215(1) or  20-56-215(3) if he or she establishes a guaranty or undertaking, signed by and containing the name and address of the person residing in the State of Arkansas from whom he or she received in good faith the article, to the effect that the article is not adulterated or misbranded within the meaning of this subchapter and designating this subchapter.  (c) No publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, but not including the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him, her, or it of the false advertisement unless he, she, or it has refused, on the request of the State Board of Health, to furnish the board the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the State of Arkansas who caused him, her, or it to disseminate the advertisement.  (d)  (1) Except as provided in subdivision (d)(2) of this section, any person who distributes or possesses with intent to distribute any human growth hormone or counterfeit substance purporting to be a human growth hormone for any use in humans other than the treatment of disease pursuant to the order of a physician shall be deemed guilty of a Class D felony.  (2) Any person who distributes or possesses with the intent to distribute to an individual under eighteen (18) years of age, any human growth hormone or counterfeit substance purporting to be a human growth hormone for any use in humans other than the treatment of disease pursuant to the order of a physician shall be deemed guilty of a Class C felony.  (3) Possession by any person of more than two hundred (200) capsules or tablets or more than sixteen cubic centimeters (16 cm3) of human growth hormone or counterfeit substance purporting to be a human growth hormone shall create a rebuttable presumption that the person possesses such substances with the intent to deliver in violation of this subsection. However, this presumption may be overcome by the submission of evidence sufficient to create a reasonable doubt that the person charged possessed the substance with intent to deliver.    
 It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. 
 In addition to the remedies provided in  20-56-205, the State Board of Health is authorized to apply to the proper circuit court for, and the court shall have jurisdiction, upon hearing and for cause shown, to grant, a temporary or permanent injunction restraining any person from violating any provision of  20-56-215, whether or not there exists an adequate remedy at law. 
 A food shall be deemed to be adulterated:   (1)  (A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health.  (B) However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity of the substance in the food does not ordinarily render the food injurious to health;    (2) If the food bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of  20-56-218;  (3) If the food consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if the food is otherwise unfit for human consumption;  (4) If the food has been produced, prepared, packed, or held under insanitary conditions where the food may have become contaminated with filth, or where the food may have been rendered diseased, unwholesome, or injurious to health;  (5) If the food is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed, or has otherwise fed upon, the uncooked offal of other animals;  (6) If the food's container is composed, in whole or in part, of any poisonous or deleterious substance which may render the food injurious to health;  (7) If any valuable constituent has been, in whole or in part, omitted or abstracted from the food;  (8) If any substance has been substituted wholly or in part for the food;  (9) If damage or inferiority has been concealed in any manner;  (10) If any substance has been added, mixed, or packed with the food to increase the food's bulk or weight, to reduce the food's quality or strength, or to make the food appear better or of greater value than the food is;  (11)  (A) If the food is confectionery and the food bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (4/10 of 1%), harmless natural wax not in excess of four-tenths of one percent (4/10 of 1%), harmless natural gum, and pectin.  (B) However, this subdivision (11) shall not apply to:  (i) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances; or  (ii) Chewing gum containing harmless nonnutritive masticatory substances; or      (12) If the food bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.  301.  
 A food shall be deemed to be misbranded:   (1) If its labeling is false or misleading in any particular;  (2) If it is offered for sale under the name of another food;  (3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word imitation and, immediately thereafter, the name of the food imitated;  (4) If its container is so made, formed, or filled as to be misleading;  (5) If in package form, unless it bears a label containing:  (A) The name and place of business of the manufacturer, packer, or distributor; and  (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted, and exemptions as to small packages shall be established by rules prescribed by the State Board of Health;    (6) If any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as considered as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;  (7) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rules or regulations as provided by  20-56-219 or by the Federal Food, Drug, and Cosmetic Act, unless:  (A) It conforms to the definition and standard; and  (B) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by rules or regulations, the common names of optional ingredients other than spices, flavoring, and coloring present in the food;    (8) If it purports to be or is represented as:  (A) A food for which a standard of quality has been prescribed by rules or regulations as provided in  20-56-219 or by the Federal Food, Drug, and Cosmetic Act and its quality falls below the standard, unless its label bears, in such manner and form as the rules or regulations specify, a statement that it falls below the standard; or  (B) A food for which a standard of fill of container has been prescribed by rules or regulations as provided by  20-56-219, and it falls below the standard of fill of container applicable thereto unless its label bears, in such manner and form as the rules or regulations specify, a statement that it falls below the standard;    (9) If it is not subject to the provisions of subdivision (7) of this section, unless it bears labeling clearly giving:  (A) The common or usual name of the food, if there is any; and  (B)  (i) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each.  (ii) However, to the extent that compliance with the requirements of subdivision (9)(B)(i) of this section is impractical or results in deception or unfair competition, exemptions shall be established by rules promulgated by the board;      (10) If it purports to be or is represented for special dietary uses unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the board determines to be, and by rules prescribed as necessary in order to fully inform purchasers as to its value for such uses;  (11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative unless it bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subdivision (11) is impracticable, exemptions shall be established by rules promulgated by the board; and  (12) If it is a product intended as an ingredient of another food and, when used according to the directions of the purveyor, will result in the final food products being adulterated or misbranded.  
 A drug or device shall be deemed to be adulterated:   (1)  (A) If it consists in whole or in part of any filthy, putrid, or decomposed substance;  (B) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health;  (C) If it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or  (D) If it is a drug and it bears or contains, for purposes of coloring only, a coal tar color other than one from a batch certified under the authority of the Federal Food, Drug, and Cosmetic Act;    (2) If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium. The determination as to strength, quality, or purity of the drug or device shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence of or inadequacy of the tests or methods of assay, those prescribed under authority of the Federal Food, Drug, and Cosmetic Act. No drug defined in an official compendium shall be deemed to be adulterated under this subdivision (2) because it differs from the standard of strength, quality, or purity set forth in the compendium if its difference in strength, quality, or purity from the standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States , it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia ;  (3) If it is not subject to the provisions of subdivision (2) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess; or  (4) If it is a drug and any substance has been:  (A) Mixed or packed therewith so as to reduce its quality or strength; or  (B) Substituted wholly or in part therefor.    
 A drug or device shall be deemed to be misbranded:   (1) If its labeling is false or misleading in any particular;  (2) If in package form unless it bears a label containing:  (A) The name and place of business of the manufacturer, packer, or distributor. However, in the case of any drug subject to subdivision (11) of this section, the label shall contain the name and place of business of the manufacturer of the final dosage form of the drug and, if different, the name and place of business of the packer or distributor thereof; and  (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Reasonable variations shall be permitted, and exemptions as to small packages shall be established, by rules prescribed by the State Board of Health;    (3) If any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;  (4) If it is for use by humans and contains any quantity of narcotic or hypnotic substance, alpha-sucaine, barbituric acid, beta-sucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of such substances, which derivative has been designated as habit-forming by regulations promulgated under  502(d) [repealed] of the Federal Food, Drug, and Cosmetic Act unless its label bears the name and quantity or proportion of the substance or derivative and in juxtaposition therewith the statement Warning  May be habit-forming;  (5) If it is a drug and is not designated solely by a name recognized in an official compendium unless its label bears:  (A) The common or usual name of the drug, if there is any; and  (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, glucosides, mercury, ouabain, stophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained therein. However, to the extent that compliance with the requirements of this subdivision (5)(B) is impracticable, exemptions shall be established by rules promulgated by the board;    (6) Unless its labeling bears:  (A) Adequate directions for use; and  (B) Such adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users. However, where any requirement of subdivision (6)(A) of this section as applied to any drug or device is not necessary for the protection of the public health, the board shall promulgate rules exempting the drug or device from the requirements;    (7) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein. However, the method of packing may be modified with the consent of the board. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States , it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia ;  (8) If it has been found by the board to be a drug liable to deterioration, unless it is packaged in such form and manner and its label bears a statement of such precautions as the board shall by rule require as necessary for the protection of public health. No such rules shall be established for any drug recognized in an official compendium until the board shall have informed the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements and the body shall have failed within a reasonable time to prescribe the requirements;  (9)  (A) If it is a drug and its container is so made, formed, or filled as to be misleading;  (B) If it is an imitation of another drug; or  (C) If it is offered for sale under the name of another drug;    (10) If it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof; or  (11) If it is a drug other than those covered by Acts 1951, No. 184 [repealed], and intended for use by humans which:  (A) Is a habit-forming drug to which subdivision (4) of this section applies;  (B) Because of its toxicity or other potentiality for harmful effect, or the method of use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a physician, dentist, or veterinarian; or  (C) Is limited by an effective application under  505 [repealed] of the Federal Food, Drug, and Cosmetic Act to use under professional supervision by a physician, dentist, or veterinarian unless it is dispensed only:  (i) Upon a written prescription of a physician, dentist, or veterinarian; or  (ii)  (a) By refilling a written or oral prescription if the refilling is authorized by the prescriber.  (b) However, a drug dispensed by filling or refilling a written prescription of a physician, dentist, or veterinarian is exempt from the requirements of this section except subdivisions (1) and (9) of this section if the drug bears a label containing:  (1) The name and address of the dispenser;  (2) The serial number and date of the prescription or its filling;  (3) The name of the prescriber;  (4) If stated in the prescription, the name of the patient; and  (5) The directions for use and cautionary statements, if any, contained in the prescription.    (c) This exemption does not apply to a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail.        
 A cosmetic shall be deemed to be adulterated:   (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. However, this provision shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed thereon: Caution  This product contains ingredients which may cause skin irritation on certain individuals, and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness, and the labeling of which bears adequate direction for such preliminary testing. For the purposes of this subdivision (1) and subdivision (5) of this section, the term hair dye shall not include eyelash dyes or eyebrow dyes;  (2) If it consists in whole or part of any filthy, putrid, or decomposed substance;  (3) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health;  (4) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or  (5) If it is not a hair dye and it bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act.  
 A cosmetic shall be deemed to be misbranded:   (1) If its labeling is false or misleading in any particular;  (2) If in package form unless it bears a label containing:  (A) The name and place of business of the manufacturer, packer, or distributor; and  (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by rules prescribed by the State Board of Health;    (3) If any word, statement, or other information required by or under authority of this subchapter to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or  (4) If its container is so made, formed, or filled as to be misleading.  
 (a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.  (b)  (1)  (A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions:  (i) Albuminuria;  (ii) Appendicitis;  (iii) Arteriosclerosis;  (iv) Blood poison;  (v) Bone disease;  (vi) Bright's disease;  (vii) Cancer;  (viii) Carbuncles;  (ix) Cholecystitis;  (x) Diabetes;  (xi) Diphtheria;  (xii) Dropsy;  (xiii) Erysipelas;  (xiv) Gallstones;  (xv) Heart and vascular diseases;  (xvi) High blood pressure;  (xvii) Mastoiditis;  (xviii) Measles;  (xix) Meningitis;  (xx) Mumps;  (xxi) Nephritis;  (xxii) Otitis media;  (xxiii) Paralysis;  (xxiv) Pneumonia;  (xxv) Poliomyelitis or infantile paralysis;  (xxvi) Prostate gland disorders;  (xxvii) Pyelitis;  (xxviii) Scarlet fever;  (xxix) Sexual impotence;  (xxx) Sexually transmitted disease;  (xxxi) Sinus infection;  (xxxii) Smallpox;  (xxxiii) Tuberculosis;  (xxxiv) Tumors;  (xxxv) Typhoid; or  (xxxvi) Uremia.    (B) An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device.    (2) However, whenever the State Board of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in subdivision (b)(1)(A) of this section, the board shall by rule authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health.  (3) This subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.    
 The following acts and the causing thereof within the State of Arkansas are prohibited:   (1) The manufacture or sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated, misbranded, or abandoned;  (2) The adulteration, misbranding, or abandoning of any food, drug, device, or cosmetic;  (3) The receipt in commerce of any food, drug, device, or cosmetic knowing it to be adulterated, misbranded, or abandoned, and the delivery or proffered delivery thereof for pay or otherwise;  (4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of  20-56-217;  (5) The dissemination of any false advertisement;  (6) The refusal to permit entry or inspection or to permit the taking of a sample, as authorized by  20-56-220;  (7) The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the State of Arkansas from whom he or she recieved in good faith the food, drug, device, or cosmetic;  (8) The removal or disposal of a detained or embargoed article in violation of  20-56-216;  (9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic if the act is done while the article is held for sale and results in the articles being misbranded; and  (10) Forging, counterfeiting, simulating, falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by rules promulgated under the provisions of this subchapter.  
 (a)  (1) Whenever an authorized agent of the State Board of Health finds or has probable cause to believe that any food, drug, device, or cosmetic is adulterated, so misbranded, or abandoned as to be dangerous or fraudulent within the meaning of this subchapter, he or she shall affix to the article a tag or other appropriate marking giving notice that the article is, or is suspected of being, adulterated, misbranded, or abandoned and has been detained or embargoed and warning all persons not to move, transfer from one (1) place to another, remove, or dispose of the article by sale or otherwise until written permission or order for movement, transfer, removal, or disposal is given by the agent or the court.  (2) It shall be unlawful for any person to move, transfer, remove, or dispose of the detained or embargoed article by sale or otherwise without permission.    (b)  (1) When an article detained or embargoed under subsection (a) of this section has been found by an agent to be adulterated, misbranded, or abandoned, the agent shall petition the judge of the circuit court in whose jurisdiction the article is detained or embargoed for a libel for condemnation of the article.  (2) When the agent has found that an article so detained or embargoed is not adulterated, misbranded, or abandoned, then he or she shall remove the tag or other marking.    (c)  (1) If the court finds that a detained or embargoed article is adulterated, misbranded, or abandoned, then the article, after entry of the decree, shall be destroyed at the expense of the claimant when under the supervision of the agent of the board. All court costs and fees and storage and other proper expenses shall be taxed against the claimant of the article or his or her agent.  (2) When the adulteration, misbranding, or abandoning can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article shall be so labeled or processed, has been executed, may direct that the article be delivered to the claimant thereof for labeling or processing under the supervision of an agent of the board.  (3) The expense of the supervision shall be paid by the claimant.  (4) The bond shall be returned to the claimant of the article upon representation to the court by the board that the article is no longer in violation of this subchapter and that the expenses of the supervision have been paid.    (d) Whenever the board or any of its authorized agents shall find in any room, building, vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or other perishable articles which are unsound or contain any filthy, decomposed, or putrid substance or which may be poisonous or deleterious to health or otherwise unsafe, those articles being declared to be a nuisance, the board or its authorized agent shall immediately condemn or destroy those articles or in any other manner render those articles unsalable as human food.  
 (a) Whenever the State Board of Health finds after investigation that the distribution in Arkansas of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that the injurious nature cannot be adequately determined after the articles have entered commerce, it then, and in that case only, shall promulgate rules providing for the issuance of permits to manufacturers, processors, or packers of the class of food in the locality. To these permits shall be attached such conditions governing the manufacture, processing, or packing of the class of food for such temporary period of time as may be necessary to protect the public health. After the effective date of the rules and during the temporary period, no person shall introduce or deliver for introduction into commerce any food manufactured, processed, or packed by any manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the board as provided by the rules.  (b) The board is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of the permit. The board shall, immediately after prompt hearing and an inspection of the establishment, reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended.  (c) Any officer or employee designated by the board shall have access to any factory or establishment, the operator of which holds a permit from the board, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for the inspection shall be grounds for suspension of the permit until access is freely given by the operator.  
 (a) Any poisonous or deleterious substance added to any food, except where the substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of  20-56-208(2), but when the substance is so required or cannot be so avoided, the State Board of Health shall promulgate rules limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of the public health. Any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of  20-56-208(2).  (b) While such a rule is in effect limiting the quantity of any substance in the case of any food, the food shall not, by reason of bearing or containing any added amount of the substance not in excess of the limit established by rule, be considered to be adulterated within the meaning of  20-56-208(1).  (c) In determining the quantity of the added substance to be tolerated in or on different articles of food, the board shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.  
 (a)  (1) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health.  (2) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those promulgated under the Federal Food, Drug, and Cosmetic Act.    (b)  (1) Before promulgating any rules contemplated by  20-56-209(10),  20-56-211(4),  20-56-211(6)-(8),  20-56-214(b),  20-56-217, or subsection (c) of this section, the board shall give appropriate notice of the proposal and of the time and place for a hearing.  (2) The rule so promulgated shall become effective on a date fixed by the board which shall not be before thirty (30) days after its promulgation.  (3) The rule may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a rule amending or repealing a rule, the board, to such an extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date.    (c)  (1) Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate rules fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container.  (2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label.  (3) The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Food, Drug, and Cosmetic Act.    
 (a) The State Board of Health or its authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to enter any vehicle being used to transport or hold such foods, drugs, devices, or cosmetics in commerce, for the purpose of:  (1) Inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this subchapter are being violated; and  (2) Securing samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the samples.    (b) It shall be the duty of the board to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this subchapter is being violated.  
 (a) The State Board of Health may cause reports to be published summarizing all judgments, decrees, and court orders which have been rendered under this subchapter, including the nature of the charge and the disposition thereof.  (b) The board may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the board deems necessary in the interest of the public health and the protection of the consumer against fraud.  (c) Nothing in this section shall be construed to prohibit the board from collecting, reporting, and illustrating the results of the investigations of the board.  
 (a) The enforcement of the provisions of this subchapter and all acts ancillary to it shall be the duty of the Division of Environmental Health Protection of the Department of Health.  (b) The State Board of Health is authorized to appoint the necessary personnel to properly administer this subchapter.  
 The State Board of Health is authorized to confer and cooperate with the United States Food and Drug Administration in the enforcement of the Federal Food, Drug, and Cosmetic Act as it may apply to food, liquor, drugs, and cosmetic products received in this state from other states, territories, or foreign countries. 
 A dispensary shall not use a self-service machine such as a vending machine for the purchase and dispensing of medical marijuana. 
 An individual shall not use marijuana or be intoxicated by marijuana while at a dispensary or a cultivation facility. 
 (a) Except as provided in subsection (b) of this section, a dispensary or a cultivation facility shall not allow access to the dispensary, cultivation facility, or the property of the dispensary or cultivation facility to individuals who:  (1) Do not possess a current registry identification card issued by the Department of Health or the Alcoholic Beverage Control Division; or  (2) Are not authorized by law to be at the dispensary or cultivation facility.    (b)  (1) A parent with a registry identification card or a designated caregiver registry identification card may bring his or her child or children into a dispensary or cultivation facility for the purpose of purchasing usable marijuana.  (2) A parent without a designated caregiver registry identification card or registry identification card may accompany his or her child who has a registry identification card into a dispensary or cultivation facility for the purpose of purchasing usable marijuana for the child or children.    
 (a) As used in this section, child-proof packaging means packaging that cannot be opened by a child or that prevents ready access to a toxic or harmful amount of the product, and that meets the testing requirements in accordance with the method described in 16 C.F.R.  1700.20, as existing on January 1, 2017.  (b) A dispensary or cultivation facility shall ensure that all usable marijuana under Arkansas Constitution, Amendment 98, or products containing usable marijuana be packaged or provided in child-proof packaging.  (c) A qualifying patient or designated caregiver under Arkansas Constitution, Amendment 98, shall keep all usable marijuana, including without limitation food or drink infused with usable marijuana, in child-proof packaging.  
 (a)  (1) A cultivation facility shall not advertise through any public medium or means designed to market products to the public.  (2) A cultivation facility may market products directly to a dispensary by any means directed solely to the dispensary and not available to the public.    (b)  (1) Advertising for medical marijuana by a dispensary shall not:  (A) Contain a statement that is deceptive, false, or misleading;  (B) Contain any content that can reasonably be considered to target children, including without limitation:  (i) A cartoon character;  (ii) A toy; or  (iii) Any other similar item or image typically marketed to children;    (C) Encourage the transportation of medical marijuana across state lines;  (D) Display consumption of marijuana;  (E) Contain material that encourages or promotes marijuana for use as an intoxicant; or  (F) Contain material that encourages excessive or rapid use or consumption of medical marijuana.    (2) Advertising and marketing for medical marijuana shall include at least one (1) of the following statements:  (A) Marijuana is for use by qualified patients only. Keep out of reach of children.;  (B) Marijuana use during pregnancy or breastfeeding poses potential harms to an unborn child or child.;  (C) Marijuana is not approved by the United States Food and Drug Administration to treat, cure, or prevent any disease.; or  (D) Do not operate a vehicle or machinery under the influence of marijuana.    (3) A dispensary shall not make any deceptive, false, or misleading assertion or statement on any informational material, any sign, or any document provided to a consumer.  (4) A dispensary shall not place or maintain, or cause to be placed or maintained, any advertisement or marketing material for medical marijuana in the following locations:  (A) Within one thousand feet (1,000') of the perimeter of a public or private school or daycare center;  (B) On or in a public transit vehicle or public transit shelter; or  (C) On or in a publicly owned or operated property.    (5)  (A) A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the dispensary has reliable evidence that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age.  (B) Upon request by the Alcoholic Beverage Control Division, a dispensary shall provide the evidence relied upon to make the determination that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age.    (6) A cultivation facility or dispensary shall not offer any coupons, rebates, or promotions for medical marijuana purchases, unless offered as part of a compassionate care plan presented to the Medical Marijuana Commission as part of the application for licensure.    (c)  (1) A cultivation facility or dispensary shall have no more than three (3) signs visible to the general public from the public right-of-way that identify the cultivation facility or dispensary by the business name of the cultivation facility or dispensary.  (2) A sign shall not exceed thirty-six square feet (36 sq. ft.) in length or width.  (3) A sign shall be placed inside the window of the cultivation facility or dispensary or attached to the outside of the building of the cultivation facility or dispensary.  (4) A sign shall not display any content or symbol that:  (A) Can reasonably be considered to target children, including without limitation:  (i) A cartoon character;  (ii) A toy; or  (iii) A similar image or item typically marketed to children; or    (B) Is commonly associated with the practice of medicine or the practice of pharmacy, including without limitation:  (i) A cross of any color;  (ii) A caduceus; or  (iii) Any other symbol that is commonly associated with the practice of medicine, the practice of pharmacy, or health care in general.        
 (a) As used in this section, commercially available means any candy, food, or beverage product that is produced or sold by a third party.  (b) A cultivation facility, dispensary, or processor shall not process or manufacture a medical marijuana product in a non-childproof package or container for consumption that:  (1) Is likely to appeal to minors due to shape, color, taste, or design, including without limitation:  (A) Products that are modeled after noncannabis products primarily consumed by and marketed to children;  (B) Products in the shape of an animal, vehicle, person, or character; and  (C) Products that contain cannabinoid concentrates or extracts that, as determined by the Alcoholic Beverage Control Division, closely resemble foods or beverages that are attractive to minors and that are commonly sold in retail establishments in individually packaged portions or in multiple packs of individually packaged portions, regardless of whether the foods or beverages are generic, trademarked, or branded products, including without limitation candy, cookies, cakes, pastries, chewing gum, and brownies; or    (2) Is manufactured by applying cannabinoid concentrates or extracts to trademarked or branded food, candy, or beverages that are commercially available without cannabinoid concentrates or extracts and are commonly sold at retail establishments in individual portions or in multiple packs of individually packaged portions.    (c)  (1) The division shall promulgate rules to implement this section.  (2)  (A) When adopting the initial rules to implement this section, the final rules shall be filed with the Secretary of State for adoption under  25-15-204(f):  (i) On or before January 1, 2020; or  (ii) If approval under  10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under  10-3-309.    (B) The division shall file the proposed rules with the Legislative Council under  10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.      
 (a) Whoever shall knowingly sell or offer or expose for sale, or bring or cause to be brought into this state to sell or offer for sale, or shall have in his, her, or their possession with intent to sell for food, the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased, or shall sell or offer for sale the flesh purported to be of one animal, knowing it to be of another species, or shall offer for sale or sell any tainted, diseased, corrupted, decayed, or unwholesome meat, fish, fowl, vegetable, produce, or provision of any kind whatever without making this fully known to the purchaser, or shall sell or offer to sell the meat of any calf which was killed before it had attained the age of six (6) weeks, shall be deemed guilty of a misdemeanor.  (b) Upon conviction, the person shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six (6) months.  
 (a) As used in this section, unless the context otherwise requires:  (1) Food salvage distributor means a person, firm, or corporation that engages in the business of distributing, peddling, or otherwise trafficking in any salvaged products enumerated in the definition of a food salvager; and  (2) Food salvager means a person, firm, or corporation engaged in the business of reconditioning, labeling, relabeling, repackaging, recoopering, sorting, cleaning, culling, or by other means salvaging items and who sells, offers for sale, or distributes for human or animal consumption any salvaged food, beverage, including beer, wine and distilled spirits, vitamin, food supplement, dentifrice, drug, cosmetic, single-service food container or utensil, soda straws, paper napkins, or any other product of a similar nature that has been damaged or contaminated by fire, water, smoke, chemicals, transit, or by any other means.    (b)  (1) Food salvagers and food salvage distributors located in or operating in Arkansas shall obtain a permit from the Department of Health upon payment of a fee of one hundred fifty dollars ($150) as a condition of the right to carry on the business.  (2) Permits issued under this section shall not be transferable and shall be renewed annually.  (3) The department may issue permits for less than one (1) year. The cost of the permits shall be based upon the number of months the permit is valid divided by twelve (12) months multiplied by the annual permit fee.    (c) The State Board of Health is empowered to promulgate and enforce reasonable rules in order to assure that salvaged foods are safe for human or animal consumption, as the case may be.  (d) It shall be the duty of the Division of Environmental Health Protection of the Department of Health to administer the provisions of this section and the rules pursuant to it.  (e) All fees levied and collected under the provisions of this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.  (f)  (1) A person who violates a provision of this section or a rule pursuant to it shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or shall be sentenced to imprisonment for not more than thirty (30) days, or both fine and imprisonment.  (2) Each day on which a violation of this section occurs or continues constitutes a separate offense and shall be punished accordingly.    (g) Subject to the rules which may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department is authorized to transfer all unexpended funds relative to the food salvager's permit that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  
 (a) As used in this section, unless the context otherwise requires:  (1) Canned food means any food commercially processed and prepared for human consumption;  (2) Live food means live or recently deceased animals, such as wild game or farm stock, that may be legally processed for use as food for human consumption; and  (3)  (A) Perishable food means any food which may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition.  (B) Perishable food includes without limitation fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.      (b) The provisions of this section shall govern all good faith donations of perishable food which is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, but nothing in this section shall restrict the authority of any appropriate agency to regulate or ban the use of the food for human consumption.  (c) All other provisions of law notwithstanding, a good faith donor of canned food, live food, or perishable food which is apparently fit for human consumption at the time it is donated to a bona fide charitable or not-for-profit organization for free distribution or distribution at a nominal cost is not subject to criminal or civil liability arising from an injury or death due to the condition of the food unless the injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of the donor.  
 (a) Employees of food service establishments shall keep their hands and exposed portions of their arms clean in a manner approved by the Department of Health.  (b)  (1) Except when washing fruits and vegetables, employees of food service establishments shall avoid contact of exposed ready-to-eat food with their hands by use of suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves, or they shall wash their hands and exposed portions of their arms utilizing a hand-washing program approved by the department.  (2) Employees shall minimize bare-hand and bare-arm contact with exposed food that is not in a ready-to-eat form.    (c)  (1) Within thirty (30) days of August 13, 2001, the department shall initiate a full review of the current version of the United States Food and Drug Administration Food Code.  (2) The department shall report its findings to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.    (d) As used in this section, food service establishment means any:  (1) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere;  (2) Grocery store, delicatessen, meat market, retail bakery, or other establishment which sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; and  (3) Other eating and drinking establishment where food is served or provided for the public with or without charge.    
 As used in  20-57-203  20-57-205:   (1) Cottage food production operation means a person who produces food items in the person's home that are not potentially hazardous foods, including without limitation:  (A) Bakery products;  (B) Candy;  (C) Fruit butter;  (D) Jams;  (E) Jellies;  (F) Chocolate-covered fruit and berries that are not cut; and  (G) Similar products specified in rules adopted by the Department of Health;    (2)  (A)  (i) Food service establishment means any place where food is prepared, processed, stored, or intended for use or consumption by the public regardless of whether there is a charge for the food.  (ii) Food service establishment includes wholesale and retail food stores, convenience stores, food markets, delicatessens, restaurants, food processing or manufacturing plants, bottling and canning plants, wholesale and retail block and prepackaged ice manufacturing plants, food caterers, and food warehouses.  (iii) Food service establishment does not include supply vehicles or locations of vending machines.    (B) The following are also exempt:  (i) Group homes routinely serving ten (10) or fewer persons;  (ii) Daycare centers routinely serving ten (10) or fewer persons;  (iii) Potluck suppers, community picnics, or other group gatherings where food is served but not sold;  (iv) A person at a farmers' market that offers for sale only one (1) or more of the following:  (a) Fresh unprocessed fruits or vegetables;  (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; or  (c) Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic feet (100 cu. ft.) on the premises where the person conducts business at the farmers' market;    (v) A person who offers for sale at a roadside stand only fresh fruits and fresh vegetables that are unprocessed;  (vi)  (a) A cottage food production operation, on the condition that the operation offers its products directly to the consumer:  (1) From the site where the products are produced;  (2) At a physical or online farmers' market;  (3) At a county fair;  (4) At a special event; or  (5)  (A) At a pop-up shop within another established business.  (B) As used in this subdivision (2)(B)(vi)(a) , pop-up shop means a cottage food production operation selling items in an unaffiliated established business for a limited time period with the consent of the owner of the unaffiliated established business and the owner or employee of the cottage food production operation being present at the point of sale.      (b)  (1) Upon request, each product offered under subdivision (2)(B)(vi)(a) of this section shall be made available to the department for sampling.  (2) Each product shall be clearly labeled and shall make no nutritional claims.  (3) The label required under subdivision (2)(B)(vi)(b)(2) of this section shall include the following:  (A) The name and address of the business;  (B) The name of the product;  (C) The ingredients in the product; and  (D) The following statement in 10-point type: This Product is Home-Produced;        (vii) A maple syrup and sorghum processor and beekeeper if the processor or beekeeper offers only maple syrup, sorghum, or honey directly to the consumer from the site where those products are processed;  (viii) A person who offers for sale only one (1) or more of the following foods at a festival or celebration, on the condition that the festival or celebration is organized by a political subdivision of the state and lasts for a period not longer than seven (7) consecutive days:  (a) Fresh unprocessed fruits or vegetables;  (b) Maple syrup, sorghum, or honey if produced by a maple syrup or sorghum processor or beekeeper; or  (c) Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic feet (100 cu. ft.);    (ix) A farm market that offers for sale at the farm market only one (1) or more of the following:  (a) Fresh unprocessed fruits or vegetables;  (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; or  (c) Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic feet (100 cu. ft.) on the premises where the person conducts business at the farm market;    (x) An establishment that offers only prepackaged foods that are not potentially hazardous as defined by the State Board of Health; and  (xi) Ice vending machines or kiosks where ice is dispensed in the open air and that are totally self-contained; and      (3) Food service industry means the aggregate of food service establishments.  
 The Secretary of the Department of Health shall have:   (1) Power and authority to prevent the proliferation of infections, contagious, and communicable diseases resulting from unsanitary food service operations; and  (2) Direction and control over all sanitary and quarantine measures for dealing with all such diseases within the state and to suppress the diseases and prevent their spread.  
 (a) No food service establishment shall be allowed to operate unless it has procured a food establishment permit from the Division of Environmental Health Protection of the Department of Health.  (b)  (1) Permits issued under this section,  20-57-201, 20-57-202 [repealed], 20-57-203, and 20-57-205 are not transferable, shall be renewed annually, and shall expire one (1) year after issuance or at a time specified by the Department of Health.  (2) A late fee equal to one-half (12) of the renewal fee for any type of food service establishment shall be charged to renew a permit sixty (60) days after the expiration date.    (c) Any food service establishment may obtain a food service permit by paying an annual permit fee of thirty-five dollars ($35.00) to the department and by meeting the minimum requirements established by the applicable rules.  (d) Each distinctively separate food establishment type and class as defined in  20-57-201, 20-57-202 [repealed], 20-57-203  20-57-205 shall be required to procure a permit for that type or class per each location not to exceed a total of one hundred five dollars ($105).  (e)  (1) A temporary food establishment permit shall be procured from the division by any temporary facility operating at a fixed location for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration.  (2) A fee of five dollars ($5.00) shall be charged per day for each temporary food establishment permit.    (f) Public school cafeterias shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the State Board of Health.  (g) Nonprofit organizations that sell food on a temporary basis for fund-raising events shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the board.  (h) The following shall not be required to obtain permits, pay fees, or submit to inspections by the department but may seek the advice and assistance of the department:  (1) Potluck suppers;  (2) Community picnics; or  (3) Other group gatherings where food is served but not sold.    (i) Any retail food store having gross sales of less than one hundred fifty thousand dollars ($150,000) must obtain a food service permit but shall be exempt from payment of the permit fee.  (j) Any bottler of water that is not a resident of this state shall obtain a permit from the department in order to sell its bottled water within this state. The bottler shall submit to the department annually a bacteriological analysis conducted by a laboratory approved by the department, a certificate of operation from the bottler's resident state, and a permit fee of fifty dollars ($50.00).  
 (a) All fees levied and collected under the provisions of  20-57-102 and 20-57-204 are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively by the Division of Environmental Health Protection of the Department of Health for personnel, equipment, and training of sanitarians and food service industry personnel.  (b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the food service program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  
 A food service establishment which holds a current food service permit issued by the Division of Environmental Health Protection of the Department of Health under the provisions of  20-57-102 and 20-57-201, 20-57-202 [repealed], 20-57-203  20-57-205 shall not be required to pay a fee or obtain a permit under the provisions of  20-59-206  20-59-211. 
 (a) The Secretary of the Department of Health shall study and approve instructions detailing first aid techniques and a poster diagramming first aid techniques designed and intended for use by a person without medical training in removing food which has become lodged in the throat of a choking victim.  (b) The secretary shall publish the approved instructions and poster and make them available to each food service operation in the state.  (c) Each food service operation shall post the instructions and the poster in places conspicuous to persons employed by or connected with the management of the food service operation in order that persons may become familiar with the techniques and may consult the instructions to provide relief to a choking victim.  (d) Failure of a food service operation to post the instructions and the poster as required by this section shall not subject the food service operation, any of its employees, or any persons connected with its management to any criminal penalty or to civil liability in an action for damages for personal injury or wrongful death arising from any choking emergency.  (e) Nothing in this section shall impose or be construed to impose a duty or obligation upon any food service operation, any of its employees, any person connected with its management, or any other person to remove, attempt to remove, or assist in removing food which has been lodged in the throat of a choking victim.  (f) No food service operation, employee of a food service operation, nor person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for not removing, not attempting to remove, or not assisting in the removal of food which has become lodged in the throat of a choking victim.  (g) No food service operation, employee of a food service operation, person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for any acts or omissions of any individual removing, attempting to remove, or assisting in the removal of food lodged in the throat of a choking victim in accordance with instructions supplied by the secretary.  
 (a) As used in this section, food service establishment means any restaurant, cafe, cafeteria, soda fountain, hotel kitchen, tavern, industrial feeding establishment, school lunchroom, grocery store, hospital kitchen, nursing home kitchen, and any private, public, or nonprofit organization or institution regularly selling or serving food to the public, or any other place in which food is regularly prepared or offered for sale whether for consumption on or off the premises.  (b) Neither the Department of Health nor any city or county department of health shall continue to classify food service establishments by letter grades on the basis of compliance with state, city, or county sanitary regulations.  
 (a) The Department of Health may inspect a cottage food production operation that operates as a pop-up shop as defined in  20-57- 201(2)(B)(vi)(a)(5) within another established business.  (b) A cottage food production operation that operates as a pop-up shop shall not sell or offer for sale foods at wholesale distribution.  
 This subchapter may be cited as the Flour and Bread Enrichment Act. 
 As used in this subchapter, unless the context otherwise requires:   (1) Appropriate federal agency means the United States Food and Drug Administration or any agency or department or administrative federal officer charged with the enforcement and administration of the Federal Food, Drug, and Cosmetic Act;  (2) Bread shall include all yeast-raised commercial bakery products, made wholly or partly from wheat flour but excludes products containing no wheat flour or products made from one hundred percent (100%) whole wheat flour and also excludes all biscuits and crackers;  (3) Enrichment as applied to flour or bread means the addition thereto of vitamins and other ingredients of the nature required by this subchapter, and the term enriched flour as defined by the United States Food and Drug Administration, 6 Fed. Reg. 2579 (1941) and 8 Fed. Reg. 2772 (1941), and enriched bread, 6 Fed. Reg. 2772 (1941) and 8 Fed. Reg. 10785 (1943), means flour or bread which has been enriched to conform with the requirements of this subchapter;  (4) Flour includes and shall be limited to flour of every kind and description, made wholly or partly from wheat, which conforms to the definition and standard of identity of flour including white flour, wheat flour, and plain flour as promulgated by the United States Food and Drug Administration, 6 Fed. Reg. 2754 (1941), but excluding whole wheat flour made only from the whole wheat berry with no part thereof removed and also excluding special packaged flours not used for bread baking such as cake, pancake, cracker, and pastry flours; and  (5) Person means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization.  
 (a) The terms of this subchapter shall not apply to flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or mixtures of various portions of the wheat berry, the products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in this subchapter.  (b) The terms of this subchapter shall not apply to flour ground for the wheat producer whereby the miller is paid in wheat or feed for the grinding service rendered, except insofar as the mill may manufacture tollwheat into flour and sell or offer for sale the flour, whereupon this subchapter shall be applicable.  (c) The provisions of this subchapter shall not apply to farmers exchanging their wheat for flour or having the wheat ground into flour and disposing of the wheat for their own use or for the use of farm labor on their farms.  
 Any person who violates any of the provisions of this subchapter, or the orders or rules promulgated by the Secretary of the Department of Health under authority thereof, shall upon conviction be subject to a fine for each and every offense in a sum not exceeding five hundred dollars ($500) or to imprisonment for not more than six (6) months, or both fine and imprisonment. 
 (a) The State Board of Health is authorized as the administrative agency and is directed:  (1) To make, amend, and rescind such rules as may be necessary to carry out the provisions of this subchapter, including, but without being limited to, such orders and rules as it is specifically authorized and directed to make;  (2) From time to time to adopt such rules changing or adding to the required ingredients for flour or bread specified in  20-57-302, 20-57-303, and 20-57-306 as shall be necessary to conform to the definitions and standard of identity of enriched flour and enriched bread from time to time promulgated by the appropriate federal agency pursuant to the Federal Food, Drug, and Cosmetic Act.    (b) All orders and rules adopted by the board pursuant to this subchapter shall be published in the manner prescribed in subsection (c) of this section and, within the limits specified by this subchapter, shall become effective upon such date as the Secretary of the Department of Health shall fix.  (c) Whenever under this subchapter publication of any notice, order, or rule is required, the publication shall be made at least three (3) times in ten (10) days in newspapers of general circulation in three (3) different sections of the state.  (d)  (1) The secretary is authorized to collect samples for analysis and to conduct examinations and investigations for the purposes of this subchapter through any officers or employees under his or her supervision.  (2) All officers and employees shall have authority to enter and inspect any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held or any vehicle and any flour or bread therein, and all pertinent equipment, materials, containers, and labeling.    
 (a)  (1) It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale within this state or to ship into this state for human consumption in this state any flour, as defined in  20-57-302, unless the following vitamins and other ingredients are contained in each pound of flour:  (A) Not less than two milligrams (2 mg) of vitamin B1 (thiamin);  (B) Not less than one and two-tenths milligrams (1.2 mg) of riboflavin;  (C) Not less than sixteen milligrams (16 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and  (D) Not less than thirteen milligrams (13 mg) of iron (Fe).    (2) In addition to the above ingredients, the enrichment of self-rising flour requires not less than five hundred milligrams (500 mg) of calcium.    (b) The ingredients and amounts listed in subsection (a) of this section are in accordance with the definition of enriched flour as promulgated by the United States Food and Drug Administration, 21 C.F.R.  137.165.  (c) The enrichment of flour shall be accomplished by a milling process, addition of vitamins from natural or synthetic sources, addition of minerals, by a combination of these methods, or by any method which is permitted by the United States Food and Drug Administration with respect to flour introduced into interstate commerce.  (d) The Secretary of the Department of Health is empowered with the authority and directed to change, or add to, the specifications for ingredients and the amounts thereof required to conform to the federal definition of enriched flour when promulgated or as may from time to time be amended.  (e) Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour.  (f)  (1) The terms of this section shall not apply to flour sold to distributors, bakers, or other processors if the purchaser furnishes to the seller a certificate in such form as the secretary shall by rule prescribe, certifying that the flour will be:  (A) Resold to a distributor, baker, or other processor;  (B) Used in the manufacture, mixing, or compounding of flour, white bread, or rolls enriched to meet the requirements of this subchapter; or  (C) Used in the manufacture of products other than flour, white bread, or rolls.    (2) It shall be unlawful for any purchaser so furnishing any such certificate to use or resell the flour so purchased in any manner other than as prescribed in this section.    
 (a) It shall be unlawful for any person to manufacture, bake, sell, or offer for sale, or to receive in interstate shipment for sale for human consumption in this state, any bread, as defined in  20-57-302, unless the following vitamins and other ingredients are contained in each pound of the bread:  (1) Not less than one and one-tenth milligram (1.1 mg) of Vitamin B1 (thiamin);  (2) Not less than seven-tenths milligram (0.7 mg) of riboflavin;  (3) Not less than ten milligrams (10.0 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and  (4) Not less than ten milligrams (10.0 mg) of iron (Fe).    (b) These ingredients and amounts are in accordance with the definition of enriched bread as promulgated by the United States Food and Drug Administration, 21 C.F.R.  136.115.  
 The enrichment of bread may be accomplished through the use of enriched flour, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched bread which meets the requirements of  20-57-306. 
 It shall be unlawful to sell or offer for sale in this state any enriched flour or enriched bread which fails to conform to the labeling of the Federal Food, Drug, and Cosmetic Act and the regulations promulgated thereunder by the appropriate agency with respect to flour or bread introduced into interstate commerce. 
 A person is guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars ($500) or by imprisonment of not less than thirty (30) days or not more than six (6) months, in the discretion of the court, who:   (1) Shall sell or expose for sale in any restaurant, delicatessen, hotel, or other place where food products are sold, any article of food falsely represented as kosher either by direct statements orally or in writing, or by the display of the word kosher in English or Hebrew letters, by the display of any sign or mark in simulation of the word, or by the display of any insignia, six-pointed star, or any mark which might reasonably be calculated to deceive or lead a reasonable person to believe that a representation is being made that the food exposed for sale, or sold, is kosher or is prepared in accordance with the Orthodox Hebrew religious requirements;  (2) With intent to defraud, sells or exposes for sale any meat or meat preparations and falsely represents the product to be kosher, whether the meat preparations are raw or prepared for human consumption, or as having been prepared under, and of products sanctioned by, the Orthodox Hebrew religious requirements, or who falsely represents any food product or the contents of any package or contained in a container to be so constituted and prepared by having or permitting to be inscribed upon it the word kosher in any language; or  (3) Sells or exposes for sale in the same place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, and who fails to indicate on his or her window signs and all display advertisements, in black letters at least four inches (4") in height: KOSHER AND NONKOSHER MEAT SOLD HERE, or who exposes for sale in any show window or place of business both kosher and nonkosher meat or meat preparations either raw or prepared for human consumption, and who fails to display over each kind of meat or meat preparations so exposed a sign in black letters at least four inches (4") in height, reading: KOSHER and NONKOSHER as the case may be.  
 (a) Unless the product is pure honey manufactured by honeybees, it is unlawful for any person to:  (1) Package any product and label the product as honey or imitation honey or to use the word honey in any prominent location on the label of the product; or  (2) Sell or offer for sale any product that is labeled honey or imitation honey or which contains a label with the word honey prominently displayed thereon.    (b)  (1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).  (2) Each violation shall constitute a separate offense.    
 This subchapter shall be known and cited as the Arkansas Egg Marketing Act of 1969. 
 As used in this subchapter, unless the context otherwise requires:   (1) Ambient temperature means the atmospheric temperature surrounding or encircling shell eggs;  (2) Candle means to determine the interior quality based on the use of a candling light as defined in the United States standards;  (3) Case means a container of thirty dozen (30 doz.) shell eggs;  (4) Consumer means any person using eggs for food and shall include restaurants, hotels, cafeterias, hospitals, state institutions, and any other establishments serving food to be consumed or produced on the premises, but shall not include the United States Armed Forces or any other federal agency or institution;  (5) Container includes any carton, basket, case, cart, pallet, or other receptacle:  (A) Immediate container means any consumer package or other container in which shell eggs, not consumer-packaged, are packed; and  (B) Shipping container means any container used in packing shell eggs packaged in an immediate container;    (6) Dealer-wholesaler means a person engaged in the business of buying eggs from producers or other persons on his or her own account and selling or transferring eggs to other dealer-wholesalers, processors, retailers, or other persons and consumers. A dealer-wholesaler further means a person engaged in producing eggs from his or her own flock and disposing of any portion of this production on a graded basis;  (7) Denatured means rendering unfit for human food by treatment or the addition of a foreign substance as approved by the Administrator of the Agricultural Marketing Service United States Department of Agriculture;  (8) Eggs means the products of the domesticated chicken hen and any other eggs offered for sale for human consumption;  (9) Inedible and unfit for human food means eggs described as black rots, white rots, mixed rots or addled eggs, sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks at or beyond the blood ring stage, and any eggs that are adulterated as that term is defined in the Food, Drug, and Cosmetic Act,  20-56-201 et seq.;  (10) Packer means any person who grades, sizes, candles, and packs eggs for purposes of resale;  (11) Person means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not;  (12) Possession means that the fact of possession by any person engaged in the sale of a commodity is prima facie evidence that the commodity is for sale;  (13) Processor means a person who operates a plant for the purpose of breaking eggs for freezing, drying, or commercial food manufacturing;  (14) Retailer means any person who sells eggs to a consumer;  (15) Sell means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade; and  (16) The Egg Products Inspection Act means Pub. L. No. 91-597, Egg Products Inspection Act, dated December 29, 1970.  
 This subchapter shall be applicable to all retailers of eggs except that retailers shall be permitted to sell eggs when the eggs are purchased directly from producers who own fewer than two hundred (200) hens, provided that the following requirements are met:   (1) The eggs are washed and clean;  (2) The eggs are prepackaged and identified as ungraded with the name and address of the producer;  (3) The used cartons are not used unless all brand markings and other identification are obliterated; and  (4) The eggs are refrigerated and maintained at a temperature of forty-five degrees Fahrenheit (45 F) or below.  
 (a) Any person, firm, or corporation violating any of the provisions of this subchapter or rules of the Arkansas Livestock and Poultry Commission shall be guilty of a violation and shall upon conviction:  (1) For the first offense, be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100);  (2) For the second offense, be fined not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250); and  (3) For the third offense, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).    (b) In addition to fines, in the discretion of the court:  (1) For the first offense, his or her permit may be suspended not more than thirty (30) days;  (2) For the second offense, his or her permit may be suspended not more than sixty (60) days; and  (3) For the third offense or any subsequent offense, his or her grading and packing permit may be revoked.    (c) Public notice shall be made upon conviction of violation under this subchapter.  
 All duties and functions required to be performed by the Arkansas Livestock and Poultry Commission under the provisions of this subchapter shall be performed by the commission or its authorized employees. 
 (a) The Arkansas Livestock and Poultry Commission shall establish standards for the grading, classification, and marking of shell eggs bought and sold by any person, firm, or corporation in the State of Arkansas.  (b) The standards shall, on the date of the sale to the consumer, conform to the minimum standards promulgated by the United States Department of Agriculture as defined in the United States Standards, Grades and Weight Classes for Shell Eggs, authorized under 7 U.S.C.  1624, effective July 11, 1952, and amendments thereto.  (c) The standards of quality of the United States Department of Agriculture are adopted as the standards of quality for the enforcement of this subchapter. Any egg described by the United States Department of Agriculture as being inedible shall be deemed inedible under the provisions of this subchapter.  
 (a) No person, firm, or corporation shall sell, traffic in, or deliver to the retail or consuming trade any eggs unfit for human food.  (b) It shall be unlawful to:  (1) Prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, sell in bulk or containers, or advertise by sign, placard, or otherwise any eggs for human consumption which are mislabeled or deceptive or that are or contain inedible eggs not denatured or eggs that have been incubated;  (2) Use descriptive terminology as to eggs that have not been graded and sized according to the standards set forth by the Arkansas Livestock and Poultry Commission; or  (3) Use descriptive terminology such as fresh, farm, country, etc., or to represent the same to be fresh any eggs excepting those eggs that meet the minimum requirements of Grade A or higher according to the standards set forth by the commission.    (c) No eggs shall be sold for resale to consumers below U.S. Consumer Grade B.  (d) All restaurants, hotels, hospitals, and other eating establishments which knowingly purchase, sell, serve, or use in food preparation eggs below U.S. Consumer Grade B quality will be in violation of this subchapter.  
 (a) All eggs advertised or displayed for sale for human food shall designate the correct grade and size. The designation shall also appear on the exterior of the container in which the eggs are offered for sale.  (b) Restaurants, hotels, and other eating places using eggs below A quality shall be required to display a placard of heavy cardboard of not less than eight inches by eleven inches (8"  11"), stating the quality and weight of the eggs used by the establishment in a location where it can easily be seen by the customers or, in lieu thereof, place this information on the menu.  
 (a) All packing and grading permits shall be conspicuously posted in the place of business to which they apply.  (b) The permit year shall be twelve (12) months or any fraction thereof beginning July 1 and ending June 30 of each year.  (c) No permit shall be transferable, but it may be moved from one (1) place to another with the consent of the Arkansas Livestock and Poultry Commission.  (d) No person shall operate a shell egg processing plant and egg candling room or an egg breaking plant before the plant or room has been approved by the commission or its authorized agent and a permit issued.  
 (a) All shell eggs packed in containers for the purpose of resale to consumers shall be stored and transported under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45 F) or seven and two-tenths degrees Celsius (7.2 C).  (b) All shell eggs that are packed into containers for the purpose of resale to the consumer shall be labeled with the following statement: Keep refrigerated at or below 45 degrees Fahrenheit.  (c) Every person, firm, or corporation selling eggs for the purpose of resale to the consumer must store and transport shell eggs under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45 F) or seven and two-tenths degrees Celsius (7.2 C), and all containers of eggs must be labeled with the following statement: Keep refrigerated at or below 45 degrees Fahrenheit. This includes retailers, institutional users, dealer-wholesalers, food handlers, transportation firms, or any person who delivers to the retail or consuming trade.  (d) Packers shall not be responsible for the interior quality of eggs unless all recommended handling procedures in this section are followed by all parties after the sale of the eggs by the packer.  
 (a) Every person, firm, or corporation selling eggs to a retailer or manufacturer shall furnish an invoice showing the size and quality of the eggs according to the standards prescribed by this subchapter together with the name and address of the person by whom the eggs were sold.  (b) This invoice shall be retained for two (2) years.  
 (a) Any and all eggs offered for sale at retail shall be prepackaged.  (b) All eggs offered for sale at retail shall be plainly marked as to grade and size with letters not less than three-eighths inch (3/8") in height.  (c) Each container of eggs offered for sale at retail shall bear on the exterior of the container the following:  (1) The identity of the packer must be by registry of United States Department of Agriculture plant number or by state permit number or name of packer;  (2) The date the eggs were packed; and  (3) The correct grade and size of the eggs.    
 All eggs shall be considered the property of the person in whose possession they are found except those in the custody of common carriers or a public warehouse where the owner is identified by record. 
 (a)  (1) The Arkansas Livestock and Poultry Commission shall enforce the provisions of this subchapter and is authorized to make and promulgate such rules as may be necessary thereto.  (2) The rules shall be publicized and become effective ninety (90) days after adoption.    (b)  (1) The commission and its authorized employees or agents are authorized to enter any store, vehicle, market, or any other business or place where eggs are bought, stored, sold, offered for sale, or processed. The commission is authorized to make such inspections as needed of eggs to determine if the grades of the eggs conform to grades as labeled on the exterior of the container.  (2) If the inspection determines that the eggs in the container do not conform to the grade as labeled on the exterior of the container, the commission or its employees or agents are authorized to examine the invoices and such other records as are needed to determine the cause and place of the violation of the rule of this subchapter.    (c) The commission and its authorized employees shall have the power to stop sale of and impound for evidence any containers of eggs offered for sale which are in conflict with any provisions of this subchapter.  
 (a) For the purpose of financing the administration and enforcement of this subchapter, the State of Arkansas, through the Arkansas Livestock and Poultry Commission, shall collect an inspection fee from the processor, packer, or dealer-wholesaler, or from any of them.  (b) The inspection fee and annual permit fee will be set by the commission after review and consultation with the Poultry Federation for all shell eggs and egg products processed or sold in the State of Arkansas.  (c) All fees, interest, penalties, or costs collected by the commission as authorized in this section shall be deposited into the State Treasury within thirty (30) days of collection thereof.  (d) Upon receipt of the funds, the Treasurer of State shall, after deducting therefrom the collection charge authorized by law, credit the net amount thereof to the credit of the fund to be known as the Poultry and Egg Grading Fund, to be used for consumer merchandising, consumer education, maintenance, operation, and other expenses of all functions imposed by the provisions of this subchapter.  
 (a) Annual audits of all permit holders, including out-of-state permit holders, will be performed by the Arkansas Livestock and Poultry Commission to ensure proper reporting of egg inspection fees.  (b)  (1) Travel expenses incurred in conducting out-of-state audits are to be reimbursed to the commission by out-of-state permit holders.  (2) The State of Arkansass out-of-state daily allowance for meals and lodging will be the maximum amount reimbursable, plus travel expenses to and from locations of permit holders.    
 (a) The Division of Environmental Health Protection of the Department of Health shall assume all regulatory duties, powers, and responsibilities now exercised by the various city or county health departments of the State of Arkansas pertaining to production and distribution of Grade A milk and milk products.  (b) The division shall provide permits and inspection and laboratory services to all the milk producers, processors, and distributors.  
 As used in this subchapter, unless the context otherwise requires:   (1) Milk.  (A) Whole milk means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, excluding that obtained within fifteen (15) days before or five (5) days after calving or such longer period as may be necessary to render the milk practically colostrum free, and when offered for sale must contain not less than three and one-fourth percent (314%) of butterfat, and eight and one-fourth percent (814%) solids not fat;  (B) Milk for manufacturing purposes may contain less than three and one-fourth percent (314%) of butterfat but must be delivered pure, sweet, and clean;  (C) Skimmed milk means milk from which a sufficient portion of milk fat has been removed to reduce its milk fat percentage to less than three and one-fourth percent (314%); and  (D) Cream means that portion of milk rich in butterfat which rises to the surface of the milk on standing or is separated from it by centrifugal force, containing not less than eighteen percent (18%) of butterfat;    (2) Dairy Products. Dairy products or milk products means the pure, clean, and wholesome milk, cream, pure milk fat, butter, cheese, ice cream, ice cream mix, evaporated milk, skimmed milk, condensed milk, sweetened condensed milk, condensed skimmed milk, sweetened condensed skimmed milk, dried milk, dried skimmed milk, or any derivatives of milk or combination of products made from milk;  (3) Cheese.  (A) Cheese means the product made from the separated curd obtained by coagulating the casein of milk, skimmed milk, or milk enriched with cream. The coagulation is accomplished by means of rennet or other suitable enzyme, lactic fermentation, or by a combination of any two (2) processes. The curd may be modified by heat, pressure, ripening ferments, special molds, or suitable seasoning. Certain varieties of cheese are made from the milk of animals other than the cow, and any cheese defined in this subchapter may contain added coloring matter. The name cheese unqualified means cheddar cheese, American cheese, or American cheddar cheese;  (B) Cheddar cheese, American cheese, or American cheddar cheese means the cheese made by the cheddar process from heated and pressed curd obtained by the action of rennet on milk. It contains not more than thirty-nine percent (39%) water, and in the water-free substance, not less than fifty percent (50%) of milk fat;  (C) Skim milk cheese means cheese made from milk, the finished product of which contains less than fifty percent (50%) of butterfat based on the moisture-free substance or contains more than thirty-nine percent (39%) moisture;  (D) Pasteurized cheese or pasteurized-blended cheese means the pasteurized product made by comminuting and mixing, with the aid of heat and water, one (1) or more lots of cheese into a homogeneous, plastic mass. The unqualified name pasteurized cheeses or pasteurized-blended cheese is understood to mean pasteurized cheddar cheese or pasteurized blended cheddar cheese and applies to a product which conforms to the standard for cheddar cheese. Pasteurized cheese or pasteurized-blended cheese, bearing a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety;  (E) Process cheese means the modified cheese made by comminuting and mixing one (1) or more lots of cheese into a homogeneous plastic mass, with the aid of heat, with or without the addition of water, and with the incorporation of not more than three percent (3%) of a suitable emulsifying agent. The name process cheese, unqualified, is understood to mean process cheddar cheese and applies to a product which contains not more than forty percent (40%) water and, in the water-free substance, not less than fifty percent (50%) milk fat. Process cheese, qualified by a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety;  (F) Casein means that product made from skimmed milk or buttermilk obtained by precipitating the casein by the addition of acids or whey. The casein may be subsequently washed, ground, and dried; and  (G) Whey means the product remaining after the removal of fat and casein from milk in the process of cheese making;    (4) Ice Cream  Frozen Desserts and Drinks.  (A) Frozen desserts means ice cream, ice cream mix, frozen malted milk, frozen custard, ice milk, milk sherbets, ice or ice sherbets, and imitation ice cream as defined in this subchapter when manufactured for commercial purposes;  (B) Ice cream means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, egg products, water, and sugar with harmless flavoring and with or without harmless coloring and with or without added stabilizer composed of wholesome edible material. It contains not more than one-half of one percent (12 of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than eighteen percent (18%) by weight of total milk solids. However, when fruit, fruit juices, nuts, cocoa or chocolate, chocolate syrup, maple syrup, cakes or confections, or other wholesome pure food products are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids, as is due to the addition of the flavoring. In no such case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice cream contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon;  (C) Ice cream mix means a product which results from the mixture of pure clean dairy products, sugar, and other products allowed in the use of ice cream and with or without harmless flavoring and coloring. In no case shall ice cream mix contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids. When fruit, nuts, cocoa or chocolate, maple syrup, cakes, or confections are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids as is due to the addition of the flavoring, but in no case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids;  (D) Frozen malted milk means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer, and in the manufacture of which freezing has been accompanied by agitation of the ingredients. It contains not more than one-half of one percent (12 of 1%) by weight of edible gelatin or vegetable stabilizer, not less than three percent (3%) by weight of milk fat, nor more than ten percent (10%) by weight of total milk solids, and not less than one-half of one percent (12 of 1%) by weight of malted milk. In no case shall frozen malted milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon;  (E) Fountain malted milk means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer; and it contains not more than one-half of one percent (12 of 1%) by weight of edible gelatin or vegetable stabilizer, not less than four percent (4%) by weight of milk fat, not less than twelve percent (12%) by weight of total milk solids, and not less than one-half of one percent (12 of 1%) by weight of malted milk;  (F) Frozen custard means French ice cream, French custard ice cream, ice custard, parfaits, and similar frozen products. Frozen custard is a clean wholesome product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without harmless coloring and with or without added stabilizers composed of wholesome edible material. It contains not more than one-half of one percent (12 of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than fourteen percent (14%) by weight of total milk solids. Frozen custard shall contain not less than two and one-half (212) dozen of clean, wholesome egg yolks, or three-fourths pounds (34 lbs.) of wholesome, dry egg yolk containing not to exceed seven percent (7%) of moisture, or one and one-half pounds (112 lbs.) of wholesome frozen egg yolk containing not to exceed fifty-five percent (55%) of moisture, or the equivalent of egg yolk in any other form, for each ninety pounds (90 lbs.) of frozen custard. In no case shall any frozen custard contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon;  (G) Ice milk means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without added stabilizer composed of wholesome, edible material, and with or without harmless coloring. It contains not more than one-half of one percent (12 of 1%) by weight of stabilizers, not less than three percent (3%) and not more than ten percent (10%) by weight of milk fat and not less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon;  (H) Milk sherbet means the pure, clean, frozen product made from milk products, water, and sugar, with harmless fruit, fruit acid, or fruit juice flavoring, and with or without harmless coloring, and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains not less than four percent (4%) by weight of milk solids;  (I) Ice or ice sherbet means the pure, clean, frozen product made from water and sugar with harmless fruit or fruit juice flavoring, with or without harmless coloring and with or without milk products and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains less than four percent (4%) by weight of milk solids; and  (J) Imitation ice cream means any frozen substance, mixture, or compound, regardless of the name under which it is represented, which is made in imitation or semblance of ice cream or is prepared or frozen as ice cream is customarily prepared or frozen, and which is not ice cream, frozen custard, ice milk, frozen malted milk, sherbet, or ice as defined in this law. No person shall sell imitation ice cream. However, mellorine and mellorine mix defined in subdivision (4)(J)(i)(a) of this section shall not be construed to be imitation ice cream, and nothing in this subchapter shall be construed to prevent or prohibit the manufacture or sale of mellorine and mellorine mix as defined:  (i)  (a) Description.  (1) Mellorine is a food produced by freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients, including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener and is characterized by the addition of flavoring ingredients. Mellorine mix is a mix composed of the ingredients which are frozen to produce mellorine;  (2) Mellorine contains not less than one and six-tenths pounds (1 6/10 lbs.) of total solids to the gallon, and weighs not less than four and one-half pounds (412 lbs.) to the gallon. Mellorine mix contains not less than three and two-tenths pounds (3 2/10 lbs.) of total food solids and shall weigh not less than nine pounds (9 lbs.) per gallon. Mellorine or mellorine mix contains not less than six percent (6%) fat and two and seven-tenths percent (2 7/10%) protein having a protein efficiency ratio (PER) not less than that of whole milk protein (one hundred eight percent (108%) of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than four and eight-tenths percent (4 8/10%) or the protein content be less than two and two-tenths percent (2 2/10%). The protein to meet the minimum protein requirements shall be provided by milk solids, not fat or other milk-derived ingredients; and  (3) When calculating the minimum amount of fat and protein required in the finished food, the solids of chocolate or cocoa used shall be considered a bulky flavoring ingredient. In order to make allowance for additional sweetening ingredients needed when certain bulky ingredients are used, the weight of chocolate or cocoa solids used may be multiplied by two and one-half (212); the weight of fruit or nuts used may be multiplied by one and four-tenths (1 4/10); and the weight of partially or wholly dried fruits or fruit juices may be multiplied by appropriate factors to obtain the original weights before drying and this weight may be multiplied by one and four-tenths (1 4/10);    (b) Fortification. Vitamin A is present in a quantity which will ensure that forty international units (40 IU) are available for each gram of fat in mellorine or mellorine mix within limits of good manufacturing practice;  (c) Methods of Analysis. Fat and protein content and the protein efficiency ratio shall be determined by the following methods contained in the latest edition of Official Methods of Analysis of AOAC International:  (1) Fat content shall be determined by either the Babcock method or such method of testing as may be approved by the AOAC International or the American Dairy Science Association;  (2) Protein content shall be determined by one (1) of the following methods: Nitrogen  Official Final Action, Kjeldahl Method, Section 16.226, or Dye Binding Method, Section 16.227; and  (3) Protein efficiency ratio shall be determined by this method: Biological Evaluation of Protein Quality  Official Final Action Sections 39.166  39.170;    (d) Nomenclature. The name of the food is mellorine. The name of the mix which is frozen to produce mellorine is mellorine mix. The name of the food or mix on the label shall be accompanied by a declaration indicating the presence of characterizing flavoring; and  (e) Label Declaration. The common or usual name of each of the ingredients used shall be declared on the label, except that sources of milk fat or milk solids not fat may be declared, in descending order of predominance, either by the use of the term milk fat or nonfat milk;    (ii) For the purpose of this definition and standard of identity, food fats are edible natural fats derived from vegetable sources including only such milk fat as is normally contained in the products enumerated in subdivision (4)(J)(iii) of this section. Harmless optional ingredients may be used to prevent fat oxidation in an amount not exceeding five one-thousandths of one percent (5/1000 of 1%) of the weight of the fat used. No edible vegetable oil shall be used which does not meet the standards prescribed by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.  301;  (iii) Milk solids not fat shall mean and include skim milk, evaporated or condensed concentrated skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk, whether fluid, condensed, or dried, and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugars by hydrolysis;  (iv) Sugar or other sweeteners shall mean and include sugar, liquid sugar, dextrose, which is paste or syrup, invert sugar, lactose, corn sugar, dried or liquid corn syrup, maple sugar, honey, brown sugar, malt syrup, dried malt extract, and molasses, other than blackstrap;  (v) Flavors shall mean and include:  (a) Natural food flavoring;  (b) Artificial food flavoring;  (c) Fruit juice, which may be sweetened and thickened with stabilizer;  (d) Chocolate;  (e) Cocoa;  (f) Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer, and may be acidulated with citric, tartaric, malic, lactic, or ascorbic acid;  (g) Nut meats; and  (h) Confectionery; and    (vi) Stabilizers shall mean and include gelatins, algin, extractive of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum tragacanth, cellulose gum, guar seed, gum, monoglycerides, or diglycerides, both of fat-forming fatty acids or other harmless stabilizer or emulsifier;      (5) Miscellaneous Products. Varieties, types, and kinds of milk and dairy products which are not defined in this section shall be manufactured and marketed under the standards of composition promulgated by the Bureau of Standards of the United States Food and Drug Administration, or may be promulgated by the Secretary of the Department of Health under authority vested in him or her to make and promulgate rules;  (6) Pasteurization. Pasteurization is defined to mean the heating of every particle of the milk, cream, ice cream mix, or milk products used in the manufacture of ice cream or butter to a temperature of at least one hundred forty-five degrees Fahrenheit (145 F) and held at the temperature for thirty (30) minutes, provided that any other method of pasteurization which has been proved of equal value may be used when approved by the American Dairy Science Association. Frozen dessert pasteurization vats shall be provided with recording thermometers and charts filed for record;  (7) Condensed or Evaporated Milk.  (A) Condensed milk, evaporated milk, or concentrated milk is that product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, and contains, all tolerances being allowed for, not less than twenty-five and one-half percent (25 12%) of total solids and not less than seven and nine-tenths percent (7 9/10%) of milk fat;  (B) Sweetened condensed milk, sweetened evaporated milk, or sweetened concentrated milk is the product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of total milk solids and not less than eight percent (8%) of milk fat;  (C) Condensed skimmed milk, evaporated skimmed milk, or concentrated skimmed milk is the product resulting from the evaporation of a considerable portion of the water from skimmed milk which contains, all tolerances being allowed for, not less than twenty percent (20%) of milk solids; and  (D) Sweetened condensed skimmed milk, sweetened evaporated skimmed milk, or sweetened concentrated skimmed milk is the product resulting from the evaporation of a considerable portion of the water from skimmed milk to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of milk solids;    (8) Butter.  (A) Butter is the food product usually known as butter, and which is made exclusively from milk or cream, or both, with or without common salt and with or without additional coloring matter, to contain not less than eighty percent (80%) by weight of milk fat, all tolerances being allowed for;  (B)  (i) Renovated or process butter is the product made by melting butter and reworking the butter, without the addition or use of chemicals or any substances except milk, cream, or salt, that contains not less than eighty percent (80%) butterfat or that is made in accordance with current standards established by the United States Food and Drug Administration.  (ii) Renovated or process butter may also contain harmless coloring matter.  (iii)  (a) The amount of butterfat in the product of any manufacturer, or in any given quantity of butter or renovated or process butter shall be determined by taking three (3) samples from three (3) different packages of the manufacturer or from any one (1) tub or churning of butter and a careful analysis made by the official method adopted by the AOAC International.  (b) If this analysis shows less than eighty percent (80%) butterfat, the butter or renovated or process butter that was analyzed is deemed adulterated butter, and the manufacturer, upon conviction, is guilty of a Class A misdemeanor.  (c) Butter or renovated or process butter that is deemed adulterated butter shall be melted and reworked before being offered for sale;        (9) Cream.  (A) Sour cream is cream, the acidity of which is more than two-tenths of one percent (2/10 of 1%), expressed as lactic acid;  (B) Sweet cream when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of fresh, clean, fine-flavored cream, the acidity of which does not exceed two-tenths of one percent (2/10 of 1%) calculated as lactic acid;  (C) First grade cream when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is smooth, clean, free from undesirable odors and flavors, and shall contain not less than twenty-five percent (25%) of butterfat;  (D) Second grade cream when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is too old to grade as first grade and may contain objectionable flavors and odors in a moderate degree; and  (E) Unlawful cream or milk means cream or milk which contains dirt, filth, gasoline, kerosene, or other foreign matter, or which has been contaminated by insects, rodents, or other animals or that is stale, cheesy, rancid, putrid, decomposed, or is otherwise unfit for human consumption; and    (10) Miscellaneous Definitions.  (A) Dairy products plants shall include all places where dairy products, as defined in this subchapter, are bottled, processed, frozen, or manufactured;  (B) Milk or cream station shall be considered to mean any place where milk or cream may be received or purchased and held for shipment or delivery to a dairy products plant;  (C) Truck route shall be considered to mean any person, as defined in subdivision (10)(G) of this section, collecting cream or milk from the producer for the purpose of manufacture into butter, cheese, ice cream, condensed or powdered milk, or for bottled purposes;  (D) Field superintendent shall be considered to mean any qualified person who is the authorized representative of any person, firm, company, or corporation engaged in buying, selling, or manufacturing dairy products and who has supervision over the procurement of raw materials to be manufactured into dairy products;  (E) Station operator shall be considered to mean any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for the products;  (F) Cream or milk grader shall be considered to mean any person who shall have passed a satisfactory examination as to his or her qualifications and to have actually demonstrated his or her ability before the secretary or his or her assistants, to determine the quality of cream or milk purchased for the purpose of manufacture into dairy products; and  (G) The term person shall be considered to include an individual, or a partnership, corporation, or association.    
 Any person, firm, or corporation shall be guilty of a violation and shall be fined a sum not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300) if that person, firm, or corporation shall:   (1) Hinder, obstruct, or in any way interfere with the Secretary of the Department of Health or his or her deputies while discharging the duties of inspection;  (2) Obstruct or hinder in any way the secretary from carrying out the full meaning and intent of this subchapter;  (3) Refuse or fail to make the reports provided for by  20-59-206  20-59-211 and 20-59-214  20-59-246;  (4) Refuse or neglect to conform to the rules of the Department of Health that have been published as provided in this subchapter regarding the care or condition of any animal kept for dairy purposes or for the sanitary conditions of any room, building, or place where dairy products are kept either for storage or for the purpose of sale and distribution; or  (5) Sell, exhibit, or offer for sale any dairy product that is adulterated.  
 All prosecutions brought for violations of the provisions of this subchapter shall be brought in any court having competent jurisdiction, and it shall be the duty of all prosecuting attorneys in whose county any violations may occur to attend and prosecute those cases, and for so doing they shall be entitled to the same fees as are now provided for like service in the same court. 
 (a)  (1) The State Board of Health is authorized and empowered to appoint such deputies and office assistants as in its judgment may be deemed necessary to fully carry out the provisions of this subchapter.  (2) The board is authorized and empowered to fix their compensation and to have full and complete control and supervision over them.    (b) The board is further authorized, when not inconsistent with this subchapter, to formulate and prescribe such reasonable rules and define and establish standards for dairy products included in this subchapter as may be deemed necessary to accomplish the purpose of this subchapter.  
 (a) It shall be the duty of the State Board of Health of the Department of Health, and it is authorized and empowered through its constituted officers and agents as set out in this section, to perform the following acts. However, any aggrieved party shall have the right to apply to the circuit court in the county of his or her residence for a review of any summary action on the part of the board or its agents and for this purpose service of process upon the Secretary of the Department of Health at any place in this state shall constitute valid service in the application for review:  (1) Inspection of Plants. To inspect or cause to be inspected, as often as may be deemed practicable, all dairy products plants or any other places where dairy products are produced, manufactured, frozen, processed, kept, handled, stored, or sold within this state;  (2) Production and Sale Prohibited. To prohibit the production and sale of unclean, adulterated, unwholesome milk, cream, or other dairy products;  (3) Condemnation for Food. To condemn for food purposes by denaturing with harmless coloring all unclean or unwholesome dairy products wherever they may find those products;  (4) Samples. To take samples anywhere of any dairy products or imitation thereof and cause the samples to be analyzed or satisfactorily tested according to the method of the AOAC International in force at the time. The analyses or tests shall be preserved and recorded;  (5) Right of Entry. To enter during business hours all dairy products plants or other places where dairy products are manufactured, produced, frozen, processed, stored, sold, or kept for sale or transportation in order to perform their official duties;  (6) Price of Cream or Butterfat.  (A) To require that no person, firm, corporation, or association shall buy or offer to buy cream or butterfat for butter-making purposes without displaying the price to be paid for cream or butterfat according to grade of cream.  (B) The price shall be posted and displayed continuously during the business hours of the person, firm, or corporation buying cream, and the price, according to grade of cream, shall include all premiums and bonuses, if any, in letters and figures not less than two inches (2") in height in such manner or place so that the price posted shall be plainly visible from the street in front of the building or place in which the purchase is made.  (C) It shall be deemed a violation hereof if there is:  (i) A failure on the part of the person, firm, corporation, or association, its agent, servant, or employee, to post the prices; or  (ii) A buying of cream or butterfat at a price different from that which is posted.    (D) All persons, firms, corporations, or associations, their agents, servants, or employees shall keep a record in their respective cream stations of the time and date on or at which changes in prices are made and posted.  (E) However, nothing in this subdivision (a)(6) shall be construed as to forbid or prevent:  (i) Incorporated cooperative associations from paying annually earned patronage dividends according to the statutes and decrees under which they are organized; or  (ii) Corporations paying annual dividends according to the statutes and decrees under which they are incorporated;      (7) Subpoenas.  (A) To issue subpoenas requiring the appearance of witnesses and the production of books, papers, reports, and records before the board or the Secretary of the Department of Health, in all cases where sufficient evidence of violation of this subchapter is filed with the secretary. The secretary shall have power to administer oaths with like effect as is done in courts of law in this state.  (B) It shall be the duty of any circuit court or the judge thereof upon application to issue an attachment for the witnesses and compel their attendance before the board or the secretary, to give testimony upon such matters as shall be lawfully required by the official. The court or judge shall have power, in cases of refusal, to punish for contempt, as in other cases of refusal to obey the orders and process of the court;    (8) Tests.  (A) To test milk, cream, and other dairy products for the purpose of ascertaining the percentages of butterfat or other ingredients contained therein.  (B) If the secretary or any of his or her deputies shall find upon testing that there is a variance of more than one percent (1%) of butterfat in a cream test or two-tenths of one percent (2/10 of 1%) in a milk test between his or her test and that made by any person engaged in buying or selling milk, cream, or other dairy products for the basis of payment, the secretary or deputy shall cause his or her test to be verified and substantiated by a recognized laboratory. If the chemist shall find that the test made by the secretary or deputy is correct, the test thus made and verified shall be admitted in evidence in all prosecutions for violation of this section. The secretary is authorized to recall and cancel the testor's permit of the person thus making false tests or to bring criminal action against the person, or both;    (9) Carrier Regulations.  (A) To forbid and prevent any common carrier to neglect or fail to remove or ship from its depot, within twenty-four (24) hours of its arrival there for shipment, any milk, cream, or other dairy products left at that depot for transportation.  (B) Railway and express companies and other common carriers shall provide and utilize sanitary ventilated rooms or canvas covers at depots or transfer points for the protection from extreme temperatures of all milk, cream, and ice cream received for shipment and not allow merchandise of a contaminating nature to be stored on or with the cream.  (C) Truck route operators shall protect milk and cream from extreme temperatures and unsanitary conditions during transportation by proper covering and separation to prevent contamination from other transportation products;    (10) Cans or Packers at Depot. To forbid and prevent milk or cream cans or ice cream packers to remain at a railroad or truck depot longer than forty-eight (48) hours from the date of their arrival, excepting individual farm shipments;  (11) Branded Containers.  (A) To forbid and prevent the use of any branded or registered cream can or milk can, ice cream, or frozen dessert packer or container for any other purpose than the handling, storing, or shipping of milk, cream, or frozen dessert.  (B) It shall be unlawful for any person or carrier other than the rightful owner, except with written consent of the owner thereof, to use, transport, or deliver any milk or cream can, whether filled with cream or milk or empty, or frozen dessert container, whether filled with frozen dessert or empty, to other than the rightful owner if the receptacle is marked with the brand or trademark of the owner, the brand or trademark being registered according to law with the Secretary of State;    (12) Alteration of Brand  Return of Containers.  (A) To forbid and prevent any person other than the rightful owner thereof to in any way alter the mark or brand or ownership identification on any milk or cream can or other dairy receptacle without written consent of the owner.  (B) Every person, firm, or corporation purchasing frozen desserts in cans and shipping bags which are to be returned to the manufacturer shall cause the cans to be washed and cleaned as soon as emptied, and the bags stored in a dry place, or returned at once;    (13) Samples of Frozen Desserts. To take samples of frozen desserts, ice cream, or other frozen dairy products for official testing at the factory where desserts are frozen or from an unopened container of frozen desserts or other frozen dairy products, according to a method approved by the AOAC International or the American Dairy Science Association;  (14) Containers Used for Other Purposes. To forbid and prevent the sale or storage of milk, cream, or other dairy products in milk or cream cans which have previously contained kerosene, gasoline, turpentine, oil, or products or byproducts of a similar nature; and  (15) Dairy Product Definitions and Standards of Identity and Labeling Requirements.  (A) To adopt the definitions and standards of identity for milk, milk products, cheeses, and frozen desserts found at 21 C.F.R., Parts 131, 133, and 135, and to adopt any amendments or additions made thereunder. The board may adopt definitions and standards of identity of milk products, cheeses, and frozen desserts if they are not found at 21 C.F.R. All packages enclosing milk, milk products, cheeses, and frozen desserts shall be labeled in accordance with the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act, and regulations promulgated thereunder.  (B) Provided, that the board shall not change, correct, adopt, or promulgate rules or other health code standards pertaining to the dairy industry of Arkansas, as defined in this section, until such changes have been reviewed by active Arkansas milk producers marketing agents, herein referred to as the agents, and by the Arkansas Dairy Products Association, hereinafter referred to as the association, in regular or especially called meetings of the agents and the association, or the governing bodies thereof. However, if meetings of the agents and the association are not held within thirty (30) days after a written notice by the board of intent to change, correct, adopt, or promulgate rules, the review of the agents and the association shall be deemed waived.  (C) Notice as required by this subsection shall be given in writing by ordinary mail, or be hand delivered, to the agents and to the Director of the Arkansas Dairy Products Association.  (D) The Secretary of the Department of Health or the board may change, correct, adopt, or promulgate rules pertaining to the dairy industry of Arkansas in times of emergency or natural disaster without notice to the agents and the association.  (E) As used in this subchapter, the term dairy industry of Arkansas means Grade A milk plants, milk manufacturing plants, ice cream plants, milk producers, milk producer-distributors, milk haulers, milk distributors, dairy farms, receiving stations, and transfer stations.      (b) Nothing in this subchapter shall be construed to deprive any city of the first class or city of the second class of any of its police powers now or hereafter granted.  (c) Nothing in this section or in any other section of this subchapter shall be construed as authorizing or directing in any fashion the board to assume, to take over, or to discharge exclusively any of the functions and duties or responsibilities customarily performed by cities of the first class or cities of the second class, operating under and enforcing an ordinance approved by the Department of Health dealing with dairy or other sanitary milk inspection work or the bacteriological sampling of milk.  (d) The duties discharged under the terms of this subchapter shall be discharged insofar as is practicable and reasonable in cooperation with the municipal authorities wherever such authorities exist.  
 (a) A dairy products plant manufacturing, processing, or packaging any dairy products other than those listed in  20-59-207 as frozen desserts shall be required to have a dairy plant license.  (b) Every person buying or receiving milk, cream, or dairy products for manufacturing, processing, or packaging shall be required to procure from the Secretary of the Department of Health an annual dairy plant license for each location where milk, cream, or dairy products are received for the purpose of manufacturing, processing, or packaging.  (c) License fees for plant licenses shall be as follows:  (1) For a plant purchasing fluid milk, the fee shall be based on the pounds of fluid milk received the previous year:  (2) For a plant receiving cream, the fee shall be based on pounds of butterfat received the previous fiscal year:      Up to and including 5,000,000 lbs. milk $ 100.00 5,000,001  15,000,000 lbs. 200.00 15,000,001  25,000,000 lbs. 400.00 25,000,001  40,000,000 lbs. 600.00 40,000,001  60,000,000 lbs. 800.00 60,000,001 lbs. and up 1,000.00   Click to view table.   Up to and including 200,000 lbs. butterfat $ 100.00 200,001  400,000 lbs. 200.00 400,001  600,000 lbs. 400.00 600,001  1,000,000 lbs. 600.00 1,000,001 lbs. and up 800.00   Click to view table. 
 (a) For purposes of licensing, a dairy plant manufacturing or packaging frozen dessert such as ice cream, ice cream mix, ice milk, ice milk mix, frozen malted milk, frozen custard, ice or ice sherbets, and novelties shall be licensed as a frozen dessert manufacturer.  (b) Any person making frozen dessert for sale shall be required to procure from the Secretary of the Department of Health an annual frozen dessert manufacturer's license for each location or plant where frozen dessert is manufactured.  (c) License fees for frozen dessert manufacturers' licenses shall be based on the gallons of mix or the finished products manufactured or sold the previous year. License fees shall be based on previous year's production:    Up to and including 10,000 gallons $ 60.00 10,001  20,000 gallons 100.00 20,001  100,000 gallons 200.00 100,001  350,000 gallons 400.00 350,001  500,000 gallons 600.00 500,001  750,000 gallons 800.00 750,001  1,000,000 gallons 1,000.00 1,000,001 gallons and up 1,200.00   Click to view table. 
 (a) Any plant where fluid milk or cream not in consumer packages is received on consignment or otherwise, stored, or transported but where packaging, processing, or manufacturing does not occur shall be required to have an annual receiving or transfer plant license for each location or plant where milk or cream is received.  (b) License fees for receiving or transfer plant licenses shall be as follows:  (1) The license fee for a receiving or transfer plant receiving fluid milk shall be one-half (12) the fee based on the schedule under  20-59-206(c)(1);  (2) The license fee for a receiving or transfer plant receiving cream shall be one-half (12) the fee based on the schedule under  20-59-206(c)(2); and  (3) If a receiving or transfer plant receives both fluid milk and cream, the license fee shall be one-half (12) the fee based on a combination of schedules under  20-59-206(c).    
 (a) For a mellorine plant making, processing, manufacturing, freezing, or packaging mellorine or mellorine mix, the method for determining the license fee for a mellorine manufacturer's license shall be based on the gallons of mix or the finished products manufactured or sold the previous year.  (b) License fees shall be based on the previous year's production:    Up to and including 10,000 gallons $ 60.00 10,001  20,000 gallons 100.00 20,001  100,000 gallons 200.00 100,001  350,000 gallons 400.00 350,001  500,000 gallons 600.00 500,001  750,000 gallons 800.00 750,001  1,000,000 gallons 1,000.00 1,000,001 gallons and up 1,200.00   Click to view table. 
 (a) Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in his or her employ, in or on each milk transport tank truck, a licensed milk sampler and grader.  (b) Applications to become a licensed sampler and grader shall be made to the Secretary of the Department of Health upon such forms as he or she may prescribe.  (c) An annual license fee of ten dollars ($10.00) shall be required of each person who qualifies for a license.  (d) The license shall expire on April 1 of each succeeding year.  (e) In order to qualify for a license, the applicant shall satisfy the secretary, either by a written examination or otherwise, that he or she is honest and competent to do sampling work.  (f) An identification card stating his or her name and address and bearing the same number as his or her license shall be issued to him or her at the time his or her license is issued and shall be carried on his or her person at all times while on duty.  
 (a) Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in his or her employ, a licensed milk tester to make the official analysis, and no other person shall be allowed to make the tests in any creamery, cheese factory, milk depot, milk plant, ice cream factory, milk condensery, or similar plant where milk or cream is bought or received on a basis of its chemical or physical constituents.  (b) Application to become a licensed milk tester shall be made to the Secretary of the Department of Health upon such forms as the secretary may prescribe.  (c) All licenses shall expire on the next succeeding April 1, and the fee shall be ten dollars ($10.00). The required fee shall accompany the application.  (d) If the applicant shall be found upon examination to be qualified and competent, the secretary shall issue to him or her a license.  (e) Licensed testers are also qualified and permitted to act as samplers.  
 (a) Permits to operate milk, ice cream, and dairy product plants, as defined in  20-59-206  20-59-211, shall be issued for one (1) year and shall be cancelled, withdrawn, or suspended by the State Board of Health for failure to comply with any of the provisions of this subchapter after due notice in writing has been given and the licensee has been granted a hearing.  (b) Any licensee whose permit shall have been cancelled, withdrawn, or suspended as provided in subsection (a) of this section shall have the right of appeal from the action of the board to the circuit court of the county of his or her residence.  
 (a) It is required that all dairy products as defined by  20-59-201(2) shipped into this state from another state shall meet the sanitary standards, definitions, and requirements of Arkansas law and the rules promulgated by the State Board of Health.  (b) The board is authorized to establish acceptable reciprocal inspection authorities, interstate and intrastate, to properly enforce and administer this section in accordance with specifications and rules adopted.  (c) A reasonable fee to be determined by the board shall be charged for all out-of-state inspections where reciprocal inspections are not available and cannot be negotiated.  
 It shall be unlawful to handle, process, freeze, or manufacture milk and dairy products except in sanitary dairy products plants and under sanitary conditions. Any dairy product plant in which dairy products of any kind are manufactured or any store or salesroom, excepting a store or salesroom where milk or milk products are sold at retail in final packaged form, depot, or other place where milk or any product of milk is handled or kept for sale shall be sanitary. Dairy products plants shall be considered insanitary:   (1) When milk, cream, or any product of either is received, purchased, or sold that does not meet the sanitary requirements set forth in this subchapter;  (2) When the utensils or apparatus that come in contact with milk or its products are not surfaced with glass, stoneware, glazed metal, tin, or other noncorrodible material and are not taken apart and thoroughly washed and sterilized by means of boiling water or super-heated steam or other means equally effective as proved by AOAC International or the American Dairy Science Association. This must be done immediately following the completion of any processing operation or immediately following continued processing operations, and the utensils or apparatus must be suitably stored while not in use in such manner as to prevent contamination and sterilized upon reassembling just before the next day's operations. A plant shall also be considered insanitary if the cans or containers in which the milk, cream, or products of either are received, transported, or delivered are not thoroughly washed after emptying and before being sent out to be used again, or if any containers, utensils, apparatus, or equipment is used for any purpose other than that of handling milk and the products of milk. The transportation of dairy products not intended for human consumption in cans or containers used in the delivery of other milk products is expressly prohibited;  (3) When the floor is not constructed of or covered with nonabsorbent material or if the floor is so constructed as to permit the flowing of water, milk, or other liquids underneath or among the interstices of the floor, where fermentation and decay can take place or if the floor cannot be readily kept free from dirt and properly drained;  (4) When floor drains are not provided that will convey refuse milk, water, and sewage away to a point at least fifty (50) yards distant from the creamery or factory of dairy products or if any cesspool, privy vault, hog yard, slaughterhouse, manure, or any decaying vegetable or animal matter shall be so located as to permit foul odors to reach the creamery or other factory of dairy products or storeroom or depot where milk or its products are sold or handled or if the creamery or factory of dairy products is not adequately and conveniently supplied with water free of pollution with sewage or contamination with pathogenic bacteria unless the water is subjected to efficient chlorination or otherwise treated to make it safe for use in connection with the manufacture of food products. This subdivision (4) shall not apply to cream stations as regards floor drains. However, it shall apply to cream stations in every other particular;  (5) When the creamery or factory of dairy products does not permit access of light and air sufficient to secure good ventilation;  (6) When any dairy products plant is not separated by solid partitions from living quarters or toilet facilities, except that a self-closing door may be used between living quarters and the dairy products plant and a vestibule may be used to connect toilet facilities;  (7) When all openings to the outer air are not provided with screens or other effective means so as to exclude flies and insects;  (8) When upon the floor or walls any milk or its products or any filth is allowed to accumulate or ferment, decay, or if the bodies or wearing apparel of persons employed, or coming in contact with any dairy products in a dairy products plant are unclean and not washed from time to time with reasonable frequency, and persons have a communicable disease, or if suitable toilet and lavatory facilities and clean towels are not provided for employees;  (9) When tight, sound, and cleanable walls and ceilings are not provided; or  (10) When supplies such as parchment paper, cartons, paper cans and bottles, fruits, nuts, egg products, flavoring, coloring, sugar, stabilizers, salt, and other materials and supplies used in the manufacture and packaging of dairy products are not stored, kept, and handled in such a way as to be free from contamination.  
 It shall be unlawful, in determining the value of milk, cream, or other dairy products by the use of the Babcock test, to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy products actually contain, or to cause any inaccuracy in reading the percent of butterfat by securing from any quantity of milk, cream, or other dairy products to be tested an inaccurate sample for the test. The result of a test reported to the producer for the basis of the payment must be the same as the laboratory record of the test, all records to be in indelible pencil or ink and filed for a period of at least sixty (60) days. All samples of milk or cream, tests of which are to be used as a basis of payment, shall be kept in a cool place in tightly stoppered or tightly covered jars for at least twenty-four (24) hours after the test of the samples has been completed. Where Sundays and holidays intervene, samples shall be held for forty-eight (48) hours after completing the tests. Samples of whole milk shall be treated with proper preservatives to ensure accuracy of the test. Samples of milk for testing shall not be gathered over a period of more than sixteen (16) days, and the samples of milk shall be tested immediately after the period of gathering the samples. 
 It shall be unlawful to use other than the Babcock method or such method of testing as may be approved by AOAC International or the American Dairy Science Association when testing milk or cream, the test of which is to be used as a basis for making payment for the milk or cream thus tested. 
 It shall be unlawful to use other than torsion balance scales or such scales as may be approved by AOAC International or the American Dairy Science Association when weighing cream for testing, when the tests are to be used as a basis for making payment for the cream. 
 It shall be improper to use other than standard types of centrifuges approved by AOAC International or the American Dairy Science Association. 
 It shall be unlawful to use other than specifications for apparatus and chemicals and directions for testing milk and cream which conform to those adopted by AOAC International or the American Dairy Science Association with such additions as are deemed advisable to make them applicable to the provisions of this subchapter. All types of test tubes, bottles, pipettes, instruments, or specified weights used in connection with testing or determining the value of milk, cream, or other dairy products by the use of the Babcock test shall be approved by AOAC International or the American Dairy Science Association. Cream test weights shall be certified by the manufacturer as to accuracy and stamped on both top and bottom. 
 It shall be unlawful for any person to use any test tube, bottle, pipette, or instrument in connection with the test which is not perfectly clean. 
 It shall be unlawful to maintain milk and cream tests at temperatures other than one hundred thirty degrees to one hundred forty degrees Fahrenheit (130140F) for at least five (5) minutes before the reading of the percent of butterfat is made and recorded. In maintaining this temperature, water shall be used, the water to extend above the butterfat column in the bottle neck. 
 It shall be unlawful to read the percent of butterfat in cream tests without the correct use of gylmol or similar oils. 
 It shall be unlawful to handle milk, cream, butter, frozen desserts, or other dairy products in unclean or insanitary places, or in any insanitary manner, or to keep, store, or prepare for market any cream, milk, or other dairy products in the same enclosure with any hide or fur house, or any cow, horse, or hog barns or sheds, or other places where livestock or poultry are kept, housed, or handled, or in rooms or buildings used as gasoline or oil filling stations, except as the sealed final product. Cream or milk receiving and buying stations located in connection with produce houses where poultry or fur and hides, rabbits, etc., are purchased or in connection with restaurants or living quarters shall be separated by a solid wall such as plaster, brick, or tongue and groove or other tight lumber. Self-closing solid connecting doors may be used between cream rooms and other rooms provided that cream rooms are adequately ventilated. Inside walls and ceilings of cream stations shall be painted annually with light-colored waterproof paint. Where water systems are available, running water shall be provided for cleaning purposes. Cream rooms must be used exclusively for the handling of dairy products. 
 It shall be unlawful in all cases to sell or offer for sale milk or cream from diseased or unhealthy animals, as certified to be unhealthy or diseased by the State Veterinarian; milk, cream, or any of their derivatives handled by any person suffering from or coming in contact with persons afflicted with any contagious disease; to sell or offer for sale any milk, cream, or any of their derivatives which have been exposed to contamination or into which may have fallen any insanitary articles or any foreign substance which would render the milk, cream, or the product manufactured therefrom, unfit for human consumption. 
 It shall be unlawful to sell or offer or expose for sale anywhere in this state, milk, cream, or other dairy products containing any preservatives of any kind whatsoever except common salt or sugar for flavoring purposes only or that shall not comply with the standards provided in this subchapter. 
 It shall be unlawful to remove or deface any tags or labels which have been attached by the Secretary of the Department of Health or his or her deputies to a receptacle containing cream, milk, or other dairy products. 
 It shall be unlawful to make and offer for sale butter or frozen desserts unless all dairy products used in their manufacture are pasteurized except in the case of butter made by a dairy farmer who produces a majority of the milk or cream he or she uses. 
 It shall be unlawful to sell, keep for sale, expose, or offer for sale any milk products or other dairy products which shall not conform at least to the minimum standards provided in this subchapter. 
 It shall be unlawful to purchase or receive cream for buttermaking purposes except on the basis of the following grades: Sweet cream, first grade and second grade. Every person shall buy or receive cream on a grade basis, and each grade shall be kept and shipped so as to arrive within forty-eight (48) hours after the date of purchase at a dairy products manufacturing plant. The cream shall be shipped in a separate can plainly marked to indicate the grade therein and the date graded, and the person buying or receiving the cream shall maintain a price differential between grades on a recognized established differential. This differential shall be a minimum of two cents (2) per pound of butterfat between first grade cream and second grade cream. 
 It shall be unlawful to purchase raw cream or milk without applying a mold or sediment test, monthly or more often if necessary, to each patron's cream or milk, whether purchased by truck route, cream station, direct shipment, or delivered directly to a dairy products plant. 
 It shall be unlawful to fail to invert empty cream and milk cans on racks located inside of cream stations. 
 It shall be unlawful for all cream buyers to purchase cream without keeping a careful record of all cream bought as first grade and second grade, and they shall render the report regularly to the creamery or factory receiving the cream. Creameries shall report the above information monthly, together with other cream purchase reports to the Secretary of the Department of Health on forms furnished them. 
 It shall be unlawful for all persons collecting milk or cream on routes to do any sampling, testing, or grading en route. All sampling, testing, and grading must be done in a licensed milk or cream station or a dairy manufacturing plant. No pouring from one can to another shall be done except in a licensed milk or cream station or a dairy manufacturing plant. Only containers specifically manufactured for the handling of milk or cream shall be used. No milk or cream to be used in the manufacture of food products shall be delivered in an unwholesome condition to a carrier. 
 It shall be unlawful for any person, firm, or corporation to operate a dairy products plant, including milk and cream stations, or freeze or manufacture frozen desserts, or operate a condensery depot within the State of Arkansas without having first secured a permit, except as provided for in  20-59-244, signed by the Secretary of the Department of Health and bearing the seal of his or her office. The permit shall be displayed conspicuously at the place of business. 
 It shall be unlawful for any person, firm, or corporation to sell, exhibit, or offer for sale skim milk cheese as defined in  20-59-201(3)(C) without the following labeling:   (1) Skim milk cheese or part-skim milk cheese shall be stamped with dark-colored purple vegetable ink using a rubber stamp three to four inches (3-4") wide and ten inches (10") long which shall contain the wording SKIM MILK eight (8) times, one under the other in letters three-eighths to one-half inch (3/812") high;  (2) Square cheese prints shall be stamped on the entire face;  (3) Longhorn cheese shall be stamped on the long edge running from top to bottom; and  (4) On cheese commercially known as Daisies, the stamp shall repeat itself entirely around the circumference of the cheese.  
 It shall be unlawful for any person, firm, or corporation to remove or deface the required labeling on skim milk cheese except as is unavoidable in its final sale. 
 It shall be unlawful to renovate butter or cheese without pasteurizing all such products at the time of renovation. 
 It shall be unlawful to sell, offer for sale, or store renovated or process butter without labeling the product with the words RENOVATED BUTTER on the outside of the carton, wrap, or container in which it is placed for final sale in letters at least as large as any other printing on the carton, wrap, or container. 
 It shall be unlawful to sell ice cream or ice milk in factory-filled package form unless it is labeled with the printed name of the manufacturer, the wholesale distributor, or the retailer. No person shall sell or offer or expose for sale ice milk unless contained in a package or enclosed in a wrapper upon which package or wrapper shall be conspicuously printed the words ICE MILK. 
 (a) It shall be unlawful to sell ice milk unless all containers are conspicuously so labeled.  (b) Places where ice milk is sold at retail shall display a conspicuous legible sign containing the words ICE MILK SOLD HERE in plain block letters not less than six inches (6") high.  
 It shall be unlawful to sell or transport ice cream mix to another location for manufacture or freezing except in sealed containers that cannot be opened without breaking the seal, and the label shall be securely attached to the container and shall show the name of the manufacturer and the percentage of milk fat of the ice cream mix contained therein. 
 It shall be unlawful for any dairy products plant to produce, manufacture, freeze, process, sell, expose, or offer for sale any frozen dessert having a bacteria count on three (3) consecutive tests of more than one hundred thousand (100,000) bacteria per gram. 
 It shall be unlawful to label, sell, or offer for sale any milk as graded milk unless the grade is officially awarded by the Secretary of the Department of Health having jurisdiction in accordance with the provisions of the United States Public Health Service Standard Milk Ordinance and Code. 
 It shall be unlawful to label, sell, or offer for sale as pasteurized any milk unless it has been pasteurized in accordance with the provisions of the United States Public Health Service Standard Milk Ordinance and Code under a permit issued by the Secretary of the Department of Health. However, no permit shall be required where plants are operating under permit from a municipality enforcing the United States Public Health Service Standard Milk Ordinance and Code. 
 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. 
 (a) Every dairy which produces milk or cream to be used for manufacturing purposes shall be required to procure from the Secretary of the Department of Health a manufacturing milk permit.  (b) Any dairy may obtain a manufacturing milk permit by paying an annual permit fee of twenty-five dollars ($25.00) to the Department of Health and by meeting the minimum requirements of the Rules Pertaining to Milk for Manufacturing Purposes.  (c) Permit fees shall be due by June 30 of each year. Grade A dairies with suspended permits and selling milk for manufacturing purposes will be given a ninety-day exemption from the requirement of obtaining a manufacturing milk permit if they meet the requirements of a manufactured milk producer.  
 (a) All fees and fines collected under this subchapter are special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund to be used exclusively by the Division of Environmental Health Protection of the Department of Health.  (b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to manufactured milk that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.  
 (a) For purposes of this section:  (1) Incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized are those sales where the average monthly number of gallons sold does not exceed five hundred gallons (500 gals.);  (2) Locally produced whole milk products means whole milk that has been produced on an Arkansas farm; and  (3)  (A) Whole milk means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, that when offered for sale contains at least three and one-fourth percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids not fat.  (B) Whole milk does not include lacteal secretion obtained within fifteen (15) days before or five (5) days after calving or a longer period if necessary to render the milk practically colostrum free.      (b) This subchapter does not prohibit incidental sales of raw goat milk, raw sheep milk, and whole milk that has not been pasteurized directly to consumers at the farm where the milk is produced or preclude the advertising of incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized.  (c) With respect to whole milk that has not been pasteurized, the seller shall:  (1) Post at the point of sale a sign that is no smaller than two feet by four feet (2' x 4') that includes the following information in large, clear text:  (A) The name and address of the farm with seller's contact information; and  (B) The following statement:    (2) Affix a label to the bottle or package that includes:  (A) The name and address of the farm; and  (B) The following statement:      (d) A farmer who sells fresh whole unpasteurized milk shall permit inspection of his or her cows and barns by his or her customers upon request.    This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product.; and   This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product. 
 Every person, firm, or corporation producing, manufacturing, processing, freezing, or packaging mellorine or mellorine mix shall comply with the same rules that govern the production and manufacturing of ice cream and other manufactured milk products, as promulgated by the State Board of Health. 
 (a) Any person, firm, or corporation that violates any of the provisions of this subchapter or any of the rules issued in connection therewith or any officer, agent, or employee thereof who directs or knowingly permits such a violation or who aids or assists such a violation shall be guilty of a violation and upon conviction shall be subject to a fine of not more than two hundred fifty dollars ($250) and not less than fifty dollars ($50.00).  (b) Each violation shall constitute a separate offense.  
 (a) The State Board of Health, through its constituted officers and agents, is authorized and directed to administer and to supervise the enforcement of this subchapter, to prescribe rules to carry out its purpose, to provide for such periodic inspections and investigations as it may deem necessary to disclose violations, to receive and provide for the investigation of complaints and to provide for the institution and prosecution of civil or criminal actions, or both.  (b) The provisions of this subchapter and the rules issued in connection therewith may be enforced by injunction in any court having jurisdiction to grant injunctive relief. Adulterated or misbranded articles illegally held or otherwise involved in a violation of this subchapter or of the rules shall be subject to seizure and disposition in accordance with an order of court.  (c) However, any aggrieved party shall have the right to apply to the circuit court in the county of his or her residence for a review of any summary action on the part of the board or its agents. For this purpose, service of process upon the Secretary of the Department of Health at any place in this state shall constitute a valid service in the application for review.  
 (a) Any person, firm, or corporation that can and does comply with the rules as promulgated by the State Board of Health and upon the payment of the permit fee and the issuance of a permit shall be eligible to produce, manufacture, process, freeze, and package mellorine and mellorine mix.  (b) The plants must have available the necessary equipment to package the product in containers as set out in this subchapter. However, plants may manufacture mellorine mix without owning the necessary equipment to package the product, so long as they sell the mellorine mix to a processing plant which has been issued a permit and has the necessary equipment to package mellorine.  
 (a) It shall be unlawful for any person, firm, or corporation to operate a plant producing, manufacturing, processing, freezing, or packaging mellorine or mellorine mix without having first secured a permit signed by the Secretary of the Department of Health and bearing the seal of his or her office. The permit shall be displayed conspicuously at the place of business.  (b) Permits shall be issued for one (1) year and shall be in effect from April 1 through March 31 of each year and shall be cancelled, withdrawn, or suspended by the State Board of Health for failure to comply with any of the provisions of this subchapter after due notice in writing has been given and the licensee has been granted a hearing.  (c) Any licensee whose permit has been cancelled, withdrawn, or suspended as provided in this section shall have the right of appeal from the action of the board to the circuit court of the county of his or her residence.  (d) The secretary shall collect for the permits, and all funds collected by the secretary under the provisions of this subchapter shall be deposited into the State Treasury.  
 (a) Mellorine shall be sold in or served from original, sealed, factory-filled containers.  (b) The container shall be labeled MELLORINE, with the lettering of the word mellorine to be at least three-eighths inch (3/8") in size and in every case shall appear in as large type size and as prominent as any other wording on the container except the brand name.  (c) Use of the word cream or its phonetic equivalent, however spelled, in connection with the labeling, advertising, branding, or sale of mellorine is prohibited, as is the use of the name of any product defined under  20-59-201(4)(A)-(I), except in the name identifying the manufacturer.  (d) The packaging, labeling, sale, offering for sale, serving, or dispensing of mellorine in violation of subsections (a)-(c) of this section is prohibited.  
 (a) Any food product containing any food fat as defined in  20-59-201(4)(J)(ii) which is made in semblance or in imitation of mellorine as defined and standardized in  20-59-201 but which does not conform to the definition and standard shall be deemed to be adulterated and misbranded notwithstanding the employment of any fanciful name or the use of the word imitation to designate the product.  (b) The adulteration and misbranding of mellorine in violation of subsection (a) of this section is prohibited.  
 (a) The false and misleading advertising of mellorine is prohibited.  (b) An advertisement of mellorine shall be deemed to be false and misleading if in the advertisement representations are made or suggested by statement, word, grade, designation, design, device, symbol, sound, or any combination thereof that mellorine is a dairy product.  (c) However, nothing contained in this section shall prevent a truthful, accurate, and full statement in any advertisement of all the ingredients in mellorine.  (d) The false and misleading advertising of mellorine in violation of subsections (a)-(c) of this section is prohibited.  
 This subchapter may be cited as the Arkansas Grade A Milk Program Act of 1981. 
 As used in this subchapter, unless the context otherwise requires:   (1) Distributors of Grade A milk and milk products processed by plants outside of Arkansas means any person who offers for sale or sells to another any Grade A milk or milk products in Arkansas;  (2) Division of Environmental Health Protection means the Division of Environmental Health Protection of the Department of Health;  (3) Grade A milk and milk products means milk and milk products that are in compliance with the Grade A milk and milk products control laws and rules of the State of Arkansas;  (4) Imported raw milk means any milk not produced under routine inspection of Arkansas and imported into the State of Arkansas;  (5) Milk hauler means any person who samples and transports Grade A raw milk and raw milk products to Grade A milk plants or receiving or transfer stations;  (6) Milk inspection fee means the Grade A milk and milk products inspection fee;  (7) Milk Inspection Fees Fund means the fund in the State Treasury into which the Grade A milk and milk products inspection fees are to be deposited;  (8) Milk plant means a milk plant in any place, premise, or establishment where Grade A milk and milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution;  (9) Producer means any person who produces Grade A raw milk inspected by the State of Arkansas;  (10) Producer-distributor means a producer who also is a distributor; and  (11) State means the State of Arkansas.  
 (a) The Division of Environmental Health Protection of the Department of Health shall assume all regulatory duties, powers, and responsibilities pertaining to production and distribution of Grade A milk and milk products in this state.  (b) The division shall provide Grade A milk permits, inspection, and laboratory services to all qualified Grade A milk plants, producers, producer-distributors, distributors, milk haulers, receiving stations, and transfer stations.  
 (a) In order to make the Grade A Milk and Milk Products Inspection and Regulation Program self-supporting, the Accounting Division of the Department of Health shall collect on a monthly basis unless otherwise stated the following Grade A milk and milk products inspection fees:  (1) Producers shall pay $.030 per one hundred pounds (100 lbs.) of Grade A milk inspected by the state;  (2) Importers of raw Grade A milk produced and inspected in another state and imported into Arkansas as raw Grade A milk shall pay an inspection fee of ten dollars ($10.00) for each sample analyzed by the laboratory of the Department of Health;  (3) Milk plants shall pay $.030 per one hundred pounds (100 lbs.) of Grade A milk processed or distributed;  (4) Producer-distributors shall pay $.065 per one hundred pounds (100 lbs.) of Grade A milk produced or sold;  (5) Milk haulers who sample and transport Grade A milk in the state shall pay an annual permit fee of ten dollars ($10.00). The fee shall be due January 1 of each year;  (6) Distributors of Grade A milk processed by plants outside of Arkansas and sold in the state shall pay $.030 per one hundred pounds (100 lbs.) or a monthly minimum fee of two hundred dollars ($200) per month plus ten dollars ($10.00) for each sample analyzed by the laboratory of the department. The larger of the two sums shall be paid during the following month; and  (7) Single service plants shall pay an annual permit fee of two hundred dollars ($200). This fee shall not be applied to plants paying a milk inspection fee. The fee shall be due January 1 of each year.    (b) If any person fails, neglects, or refuses to pay the above fee and is delinquent for a period of thirty (30) days, the Secretary of the Department of Health is directed and empowered to prohibit the person from distributing, hauling, selling, or otherwise handling Grade A milk or milk products in the state and shall suspend his or her permit and withdraw all inspection service from the establishment until fees are paid in full.  (c)  (1) The Grade A milk and milk products inspection fees shall not be greater than the actual cost of the inspections.  (2) If there is a balance in the Milk Inspection Fees Fund equivalent to ninety-day maintenance of the program, one (1) month of the milk inspection fees shall be forgiven.    (d) The fees set forth in subsection (a) of this section may be increased by up to one half cent (12) beginning July 1, 1992, upon certification by the Chief Fiscal Officer of the State that the expenditures of the program exceed the amount of fees collected.  
 (a)  (1) All moneys received by the Department of Health for milk inspection fees as established in this subchapter shall be deposited into the State Treasury, and the Treasurer of State shall, after deducting therefrom one and one-half percent (112%) of the amount for credit to the Constitutional Officers Fund to be used for the purposes provided by law, credit the net amount as special revenues to the credit of the Milk Inspection Fees Fund to be used by the Division of Environmental Health Protection of the Department of Health exclusively for the purpose of defraying the cost of maintenance, operation, and improvement of the permits, inspections, and laboratory services of the Grade A Milk and Milk Products Inspection and Regulation Program.  (2) The unexpended balance of the funds in the Milk Inspection Fees Fund at the end of each fiscal year shall not be considered as a part of the unexpended fund balances of the department that are recovered by the Treasurer of State at the close of each year, and any balance in the Milk Inspection Fees Fund shall be carried forward in the Milk Inspection Fees Fund to the next fiscal year to be used for the support of the program as provided by law.    (b) The Chief Fiscal Officer of the State is authorized from time to time to make transfers of moneys in the Budget Stabilization Trust Fund as loans to the Milk Inspection Fees Fund to be used for the maintenance and operation of the program of the Division of Environmental Health Protection of the Department of Health, provided that any moneys loaned from the Budget Stabilization Trust Fund to the Milk Inspection Fees Fund shall be repaid from fees derived from the program on or before the last day of the fiscal year in which the loan of the funds is made.  
 (a) Vehicles purchased with milk inspection fee funds or assigned to the Grade A Milk and Milk Products Inspection and Regulation Program shall be at the disposal of personnel of the program, provided in case of emergency or natural disaster that the motor vehicles may be used at the discretion of the Director of the Division of Environmental Health Protection of the Department of Health.  (b) Motor vehicles purchased with moneys from the Milk Inspection Fees Fund shall not be loaned, transferred, or assigned to any other state agency on a permanent basis.  (c) Any moneys received from the sale or trade of motor vehicles purchased with funds from the fund shall be credited to the fund.  
 As used in this subchapter, unless the context otherwise requires:   (1) Cooperative association means any group in which farmers act together in the market preparation, processing, or marketing of farm products or any association organized under  2-2-101 et seq., the Cooperative Marketing Act,  2-2-401 et seq., or  4-30-101 et seq.;  (2) Dairy farmer means a farmer engaged in the business of producing milk for sale to milk processors or to a cooperative association of which the dairy farmer is a member;  (3) Escrow account agent means an entity within this state which is insured either by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation [abolished];  (4) Milk processor means a person who operates a milk, milk products, or frozen desserts processing plant that is located in the State of Arkansas; and  (5) Purchase price means an amount of money, based on estimated butterfat content at the time of delivery, that a milk processor agrees to pay a dairy farmer for a purchase of raw milk.  
 (a)  (1) Pursuant to the provisions of this section, a dairy farmer from whom milk was purchased by a milk processor may require the milk processor to establish an escrow account for the benefit of the dairy farmer for the payment of the purchase price of milk as specified in subdivision (a)(2) of this section.  (2) A dairy farmer may require the milk processor to establish an escrow account only if:  (A) The dairy farmer has failed to receive payment of the purchase price for the milk, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the thirtieth day after the final date for payment of the purchase price that such payment has not been received; or  (B) A payment instrument received by the dairy farmer from the milk processor has been dishonored, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the fifteenth business day after the day that the notice of dishonor was received.    (3) The notice specified by subdivision (a)(2) of this section shall require that an escrow account be established and that the payment received from the sale of any milk or dairy product as specified in subsection (b) of this section shall be deposited into the escrow account until the dairy farmer has received full payment of the purchase price for the milk.    (b)  (1) The milk processor shall deposit upon receipt into the escrow account a proportional share of all payments received from the sale of milk or dairy products by the milk processor, which is equal to the amount of the milk sold by the dairy farmer to the processor in proportion to the total amount of milk purchased, for the sale of the milk and dairy products by the milk processor. The payments shall be deposited into the escrow account until the dairy farmer has received full payment for the purchase price for the milk.  (2) The escrow account shall be a segregated interest-bearing account and shall be established for the benefit of the dairy farmer. Upon sufficient proof of identification, the escrow account agent shall promptly pay to the dairy farmer any sum accumulated for his or her benefit in the escrow account.    (c)  (1) If any milk processor is required to establish more than one (1) escrow account by operation of the provisions of this section, then the moneys accruing may all be commingled in a single account.  (2) The commingled moneys accumulated in the account shall be distributed to each dairy farmer in the amount due to each.  (3) If the commingled moneys accumulated in the account are insufficient to pay all the dairy farmers, the escrow account agent shall distribute the moneys so accumulated in proportion to the current amount due each.    (d) For the purposes of this section, the moneys held by the escrow account agent shall be deemed to be the property of the dairy farmer, or dairy farmers if such moneys have been commingled, in the current amount due to each, or in proportion to the amount due each.  
 A milk processor shall not purchase raw milk from a dairy farmer unless:   (1) Payment of the purchase price is made according to the provisions prescribed by any applicable federal milk marketing order;  (2) Any additional provisions are agreed upon by both the dairy farmer or his or her agent and the milk processor; and  (3) The medium of exchange used is cash, a check for the full amount of the purchase price, or a wire transfer of money in the full amount.  
 A milk processor who fails to pay for raw milk as provided by this subchapter is liable to the dairy farmer for:   (1) The purchase price of the raw milk;  (2) Interest on the purchase price at the rate fixed by law for civil judgments commencing from the date possession is transferred until the date the payment is made in accordance with this subchapter; and  (3) A reasonable attorney's fee for the collection of the payment.  
 This subchapter does not apply to transactions between a cooperative association, while acting as a marketing agent, and its members. 
 Any milk processor failing to establish an escrow account upon receipt of notification of a dairy farmer pursuant to the provisions of this subchapter or who fails to continue to make the payments until the dairy farmer has received full payment of the purchase price, upon conviction shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed one (1) year, or both fine and imprisonment. 
 As used in this subchapter:   (1) Dairy cooperative means an association of dairy producers organized for the mutual benefit of the dairy producers;  (2) Dairy plant means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution;  (3) Dairy processor means any place, premises, or establishment that receives raw milk and pasteurizes and prepares it for human consumption;  (4) Dairy producer means any person who produces bulk milk for sale to a dairy cooperative, dairy plant, or other processor;  (5) Department means the Department of Health;  (6) Division means the Division of Public Health Laboratories of the Department of Health;  (7) Evaluation officer means an individual who has been trained, tested, and certified by the department in accordance with guidelines established by the United States Food and Drug Administration Laboratory Quality Assurance Branch to certify milk industry laboratories to test milk for the presence of antibiotic drugs;  (8)  (A) Laboratory means a laboratory that tests raw milk received from dairy producers for the presence of antibiotic drugs. A laboratory may be located in a dairy plant, dairy cooperative, receiving station, transfer station, or other place where milk samples from bulk trucks or dairy producers are collected or tested.  (B) Laboratory shall not include a laboratory that performs quality control tests developed by the Arkansas Dairy Herd Improvement Association or any cooperative field person or plant field person who performs tests on milk quality or butterfat; and    (9) Laboratory certification program means a program administered by the Department of Health to certify laboratories to test milk for the presence of antibiotic drugs in a manner consistent with guidelines established by the United States Food and Drug Administration Laboratory Quality Assurance Branch.  
 The Public Health Laboratory of the Department of Health may establish a program to certify laboratories to test milk for the presence of antibiotic drugs and to certify evaluation officers to certify the laboratories in accordance with guidelines established by the United States Food and Drug Administration Laboratory Quality Assurance Branch. The program shall be known as the Milk Laboratory Antibiotic Drug Testing Program. 
 The Department of Health shall have the authority to promulgate such rules as necessary to administer this subchapter. 
 (a)  (1) By June 1 of each year, the Department of Health shall determine the cost of the Milk Laboratory Antibiotic Drug Testing Program, which shall not exceed twenty-two thousand dollars ($22,000) for the first fiscal year and which shall not exceed the actual cost of operating the program for any subsequent year.  (2) Each laboratory participating in the program shall be assessed a fee to be determined by dividing the total cost of operating the program by the number of laboratories participating in the program.  (3) Beginning on August 1 of each year that the program is in operation, the department shall collect fees from the laboratories.  (4) Failure to pay the assessed fee by October 1 of each year that the program is in operation will result in a late penalty of five percent (5%) of the assessed fee.  (5) Failure to pay the assessed fee and any penalty by October 31 shall render the laboratory certification invalid.    (b) Any laboratory that wishes to become certified in standard plate count, cryoscope, direct microscopic somatic cell count, and electronic somatic cell count shall be assessed an additional fee of seven hundred fifty dollars ($750) to be paid by August 1 of each year.  
 (a) All fees and fines collected under this subchapter are hereby declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund. All fees and fines collected under this subchapter are to be spent solely in support of the Milk Laboratory Antibiotic Drug Testing Program.  (b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is hereby authorized to transfer all unexpended funds relative to the program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for the expenditure for the same purpose for any following fiscal year.  
 (a)  (1) As used in this section, food service establishment means any:  (A) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere;  (B) Grocery store, delicatessen, meat market, retail bakery, or other establishment that sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; or  (C) Eating and drinking establishment where food is served or provided for the public with or without charge.    (2) The following places where food is served shall be exempt from the definition of a food service establishment:  (A) Group homes routinely serving ten (10) or fewer persons;  (B) Day care centers routinely serving ten (10) or fewer persons;  (C) Potluck suppers, community picnics, or other group gatherings where food is served but not sold;  (D) Nonprofit organizations that sell food on a temporary basis for fund-raising events; and  (E) Hospital kitchens and nursing home kitchens.      (b) Each food service establishment shall indicate on its menu or on a notice prominently placed in the establishment whether beef imported from outside the United States is served if the proprietor of the establishment knowingly, willfully, and consistently serves imported beef.  (c) Any person found guilty of violating this section shall be guilty of a violation and upon conviction fined ten dollars ($10.00) for the first offense and twenty dollars ($20.00) for the second or subsequent offense.  
 (a)  (1) The term Arkansas bacon shall not be used to identify any meat product other than the pork shoulder blade Boston roast prepared in the State of Arkansas in accordance with this section.  (2) Pork shoulder blade Boston roast prepared outside the State of Arkansas but in the manner prescribed by this section may be identified as Arkansas-style bacon.    (b)  (1) Arkansas bacon and Arkansas-style bacon are produced from the pork shoulder blade Boston roast by removing the neck bones and rib bones by cutting close to the underside of those bones, removing the blade bone or scapula, and removing the dorsal fat covering, including the skin or clear plate, and leaving no more than one-quarter inch (14) of the fat covering the roast.  (2)  (A) The meat is then dry-cured with salt, sugar, nitrites, and spices, and smoked with natural smoke.  (B) The meat may not be injected or soaked in curing brine, nor may any artificial or liquid smoke be applied to the meat.    (3) The pork shoulder blade Boston roast includes the porcine muscle, fat, and bone cut interior of the second or third thoracic vertebrae and posterior of the atlas joint or first cervical vertebrae and dorsal of the center of the humerus bone.    (c) Any person who labels or otherwise identifies meat contrary to the provisions of this section shall be guilty of a violation punishable by a fine not to exceed one thousand dollars ($1,000).  
 This subchapter may be cited as the Arkansas Meat and Meat Products Inspection Act. 
 (a) Meat and meat food products are an important source of the supply of human food in this state, and legislation to assure that the food supplies are wholesome, unadulterated, and otherwise fit for human consumption and properly labeled is in the public interest.  (b) Therefore, it is declared to be the policy of this state to provide for the inspection of livestock slaughtered, and the carcasses, parts thereof, and meat food products processed therefrom, for human food, at certain establishments to prevent the distribution in intrastate commerce, for human consumption, of livestock carcasses and parts thereof and meat food products which are unwholesome, adulterated, or otherwise unfit for human food, or are improperly labeled or falsely advertised.  
 As used in this subchapter, unless the context otherwise requires:   (1) Adulterated shall apply to any livestock carcass, part thereof, or meat food product under one (1) or more of the following circumstances:  (A) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance, the article shall not be considered adulterated under this subdivision (1)(A) if the quantity of the substance does not ordinarily render it injurious to health;  (B) If it bears or contains any added poisonous or added deleterious substance, unless the substance is permitted in its production or unavoidable under good manufacturing practices as may be determined by rules prescribed by the Secretary of the Department of Health. However, any quantity of added substances exceeding the limit so fixed shall also be deemed to constitute adulteration;  (C) If any substance has been substituted, wholly or in part, therefor;  (D) If damage or inferiority has been concealed in any manner;  (E) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or  (F) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;    (2) Advertisement means all representations disseminated in any manner or by any means other than by labeling for the purpose of inducing or which are likely to induce, directly or indirectly, the purchase of meat or meat products;  (3) Board means the State Board of Health;  (4) Container and package include any box, can, tin, cloth, plastic, or any other receptacle, wrapper, or cover;  (5) Director means the Director of the Department of Health of this state, or any person authorized to act in his or her stead;  (6) Federal Meat Inspection Act means the Act of Congress approved March 4, 1907, as amended and extended, and the imported meat provisions of subsections 306(b) and (c) of the Tariff Act of 1930, as amended;  (7) Immediate container means any consumer package or any other container in which an article, not consumer packaged, is packed;  (8) Inspection service means the official governmental service within the Department of Health of this state designated by the director as having the responsibility for carrying out the provisions of this subchapter;  (9) Inspector means an employee or official of this state authorized by the director to inspect livestock or carcasses or parts thereof, or meat food products under the authority of this subchapter;  (10) Intrastate commerce means commerce within this state;  (11) Label means any written, printed, or graphic material upon the shipping container, if any, or upon the immediate container including, but not limited to, any individual consumer package of an article or accompanying the article;  (12) Livestock means cattle, sheep, swine, goats, or horses;  (13) Meat means any edible part of the carcass of any livestock;  (14) Meat food product means any article of food, or any article intended for or capable of use as human food, which is derived or prepared, in whole or in part, from any portion of any livestock, unless exempted by the director upon his or her determination that the article:  (A) Contains only a minimal amount of meat and is not represented as a meat food product; or  (B) Is for medicinal purposes and is advertised only to the medical profession;    (15) Official establishment means any establishment in this state as determined by the director at which inspection of the slaughter of livestock or the processing of livestock or carcasses or parts thereof, or meat food products is maintained under the authority of this subchapter. However, the term official establishment as used in this subchapter shall not be construed to mean livestock or meat sold by the producer thereof on his, her, or its own farm or ranch on an occasional basis directly to the consumer and user thereof;  (16) Official inspection mark means any symbol, formulated pursuant to rules prescribed by the secretary, stating that an article was inspected and passed;  (17) Person means any individual, partnership, corporation, association, or any other business entity;  (18) Shipping container means any container used or intended for use in packaging the article packed in an immediate container;  (19) Unwholesome means:  (A) Unsound, injurious to health, containing any biological residue not permitted by rules prescribed by the secretary, or otherwise rendered unfit for human food;  (B) Consisting in whole or in part of any filthy, putrid, or decomposed substance;  (C) Processed, prepared, packed, or held under unsanitary conditions whereby any livestock carcass or part thereof or any meat food product may have become contaminated with filth or may have been rendered injurious to health;  (D) Produced in whole or in part from livestock which has died otherwise than by slaughter; or  (E) Packaged in a container composed of any poisonous or deleterious substance which may render the contents injurious to health; and    (20) Wholesome means sound, healthful, clean, and otherwise fit for human food.  
 (a)  (1) The Secretary of the Department of Health shall, by rule and under such conditions as to labeling, sanitary standards, practices, and procedures as he or she may prescribe, exempt from specific provisions of this subchapter:  (A) Livestock producers with respect to livestock carcasses and parts thereof, and meat food products, processed by them from livestock of their own raising on their own farms and used by them for personal or private consumption, but in no instance where the product is to be offered or used for public consumption;  (B) Any person engaged in slaughtering livestock or processing livestock carcasses or parts thereof or meat food products for intrastate commerce and the articles so processed by the person, whenever the secretary determines that it would be impracticable to provide inspection and that the exemption will aid in the effective administration of this subchapter;  (C) Persons slaughtering livestock or otherwise processing or handling livestock carcasses or parts thereof, or meat food products, which have been or are to be processed as required by recognized religious dietary laws, to the extent that the secretary determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this subchapter; and  (D) Any establishment engaged in slaughtering livestock or processing livestock carcasses or parts thereof, or meat food products for intrastate commerce, and the articles so processed by the establishment when the establishment is subject to inspection under a city ordinance which sets standards in conformity with the minimum standards determined by the secretary.    (2) The secretary may, by order, suspend or terminate any exemption under this section with respect to any person whenever he or she finds that the action will aid in effectuating the purposes of this subchapter.    (b) This subchapter shall not apply to any act or transaction subject to regulation under the Federal Meat Inspection Act, where the standards required under the federal act are in conformity with the minimum standards determined by the secretary.  (c)  (1) This subchapter shall not apply to the custom slaughtering by any person, firm, or corporation of cattle, sheep, swine, or goats delivered by the owner thereof for the slaughter and the preparation by the slaughterer and transportation in commerce of the carcass parts thereof, meat, and food products of the animals, exclusively for use in the household of the owner by him or her and members of his or her household and his or her nonpaying guests and employees.  (2) However, the custom slaughterer or processor must not engage in the business of buying or selling any carcass, parts thereof, meat, or food products of any cattle, sheep, swine, goats, or equines capable of use as human food except those products which have been inspected and passed for wholesomeness under continuous state or federal board of agriculture inspection and are properly marked or labeled with the official inspection legends of the appropriate agency.  (3) To maintain entitlement for exemption:  (A) The custom establishment must comply with the rules which the secretary is authorized to promulgate to assure that any carcasses, parts thereof, meat, or meat food products prepared or any containers or packages containing uninspected, exempted custom products are separated at all times from inspected carcasses, parts thereof, or meat, or meat food products prepared for sale;  (B) All uninspected products prepared on an exempted custom basis must be plainly marked Not For Sale immediately after being prepared and kept so identified until delivered to the owner;  (C) The establishment conducting the exempted custom operation must be maintained and operated in a sanitary manner; and  (D) The products so prepared must not be adulterated, mislabeled, or misbranded according to the provisions of this subchapter.      (d) This subchapter shall not affect any existing right of cities or towns to levy occupation taxes or license fees against establishments covered in this subchapter.  
 (a) Any person who violates the provisions of this subchapter shall upon conviction be subject to imprisonment for not more than six (6) months or a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), or both imprisonment and fine:  (1) If the violation is committed after one (1) conviction of the person under this section, the person shall be subject to imprisonment for not more than one (1) year or a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both imprisonment and fine; or  (2) If the violation is committed after two (2) or more convictions of the person under this section have become final, the person shall be subject to imprisonment for not more than two (2) years or a fine of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000), or both imprisonment and fine.    (b) When construing or enforcing the provisions of this subchapter, the act, omission, or failure of any person acting for or employed by an individual, partnership, corporation, association, or other business unit within the scope of his or her employment or office shall in every case be deemed the act, omission, or failure of the individual, partnership, corporation, association, or other business unit, as well as of the person.  (c) No carrier or warehouser shall be subject to the penalties of this subchapter other than the penalties for violation of  20-60-215 by reason of his or her receipt, carriage, holding, or delivery in the usual course of business as a carrier or warehouser of livestock carcasses, parts thereof, or meat food products owned by another person unless the carrier or warehouser has knowledge or is in possession of facts which would cause a reasonable person to believe that the articles were not inspected or marked in accordance with the provisions of this subchapter or were not otherwise in compliance with this subchapter.  (d) Nothing in this subchapter shall be construed as requiring the Secretary of the Department of Health to report violations of this subchapter for criminal prosecution whenever the secretary believes that the public interest will be adequately served and compliance with this subchapter obtained by a suitable written notice of warning.  
 (a)  (1) The Secretary of the Department of Health shall promulgate such rules and appoint such veterinarians and other qualified personnel as are necessary to carry out the purposes or provisions of this subchapter. The rules shall be in conformity with the rules and regulations under the Federal Meat Inspection Act as now in effect and with subsequent amendments thereof unless they are considered by the secretary as not to be in accord with the objectives of this subchapter.  (2) Notice of proposed rules shall be given all establishments licensed under this subchapter. A hearing shall be called by the secretary at which proponents and opponents of the proposed rules shall be given the opportunity to present arguments supporting their positions. The time, place, and procedure for the hearing shall be determined by the secretary. No proposed rules shall become effective until after the hearing.    (b) The secretary may cooperate with the United States Government in carrying out the provisions of this subchapter and the Federal Meat Inspection Act.  
 No establishment in this state shall slaughter any livestock or process any livestock carcasses, or parts thereof, or meat food products for human consumption except in compliance with the requirements of this subchapter. 
 (a) Applications for inspection or exemption shall be made on forms furnished by the Secretary of the Department of Health.  (b) A license shall be good for one (1) year, or any quarter thereof, expiring on December 31 of the year it is issued.  (c) Applicants for licenses shall be required to obtain a license for each establishment owned by them.  (d) Before any license is issued, an inspection shall be made by the secretary to determine the acceptability of the establishment to do business as desired by the applicant in his or her application for license or exemption.  
 (a) Each official establishment at which livestock are slaughtered or livestock carcasses or parts thereof or meat food products are processed for intrastate commerce shall have the premises, facilities, and equipment inspected and shall be operated in accordance with such sanitary practices as are required by rules prescribed by the Secretary of the Department of Health for the purpose of preventing the entry into and movement in commerce of carcasses, parts thereof, and meat food products which are unwholesome or adulterated.  (b) No livestock carcasses or parts thereof, or meat food product, shall be admitted into any official establishment unless they have been prepared only under inspection pursuant to this subchapter or the Federal Meat Inspection Act or their admission is permitted by rules prescribed by the secretary under this subchapter.  (c) The secretary shall refuse to render inspection to any establishment whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.  
 (a) For the purpose of preventing the entry into or movement in intrastate commerce of any livestock carcass, part thereof, or meat food product which is unwholesome or adulterated and is intended for or capable of use as human food, the Secretary of the Department of Health shall, where and to the extent considered by him or her necessary, cause to be made by inspectors antemortem inspection of livestock in any official establishment where livestock are slaughtered for such commerce.  (b) For the purpose stated in subsection (a) of this section, the secretary, whenever slaughtering or other processing operations are being conducted, shall cause to be made by inspectors postmortem inspection of the carcasses and parts thereof of each animal slaughtered in any official establishment. He or she shall cause to be made by inspectors an inspection of all meat food products processed in any official establishment in which meat food products are processed for intrastate commerce.  (c) The secretary shall also cause, at any time, such quarantine, segregation, and reinspection of livestock, livestock carcasses, and parts thereof, and meat food products in official establishments as he or she deems necessary to effectuate the purposes of this subchapter.  (d)  (1) All livestock carcasses and parts thereof, and meat food products, found by an inspector to be unwholesome or adulterated in any official establishment shall be condemned and shall, if no appeal is taken from the determination of condemnation, be destroyed for human food purposes under the supervision of an inspector.  (2) However, articles, which may be made wholesome and unadulterated by reprocessing need not be condemned and destroyed if reprocessed under the supervision of an inspector and thereafter found to be wholesome and unadulterated.  (3) If any appeal is taken from the determination, the articles shall be appropriately marked and segregated pending completion of an appeal inspection. If the determination of condemnation is sustained, the articles shall be destroyed for human food purposes under the supervision of an inspector.    
 (a) The Secretary of the Department of Health may withdraw or otherwise deny inspection under this subchapter with respect to any establishment for such period as he or she deems necessary to effectuate the purposes of this subchapter for any violation of the subchapter or any requirements thereunder by the operation of the establishment.  (b)  (1) However, before a withdrawal or denial of inspection is ordered, the secretary shall give the affected establishment an opportunity for a hearing at which the establishment may present evidence that it has not violated the subchapter or any requirements thereunder.  (2) The hearing shall be held after notice to the establishment in such manner as the secretary shall determine by his or her rules.    
 (a) The cost of inspection rendered under this subchapter shall be borne by this state. The cost of overtime and holiday work performed in establishments subject to the provisions of this subchapter at such rates as the Secretary of the Department of Health may determine shall be borne and paid by the establishments. An inspector performing overtime and holiday work shall be treated as though he or she were on compensatory leave at such compensation as shall equal the rates set by the secretary.  (b) There is authorized to be appropriated such sums as are necessary to carry out the provisions of this subchapter.  
 (a)  (1) Each shipping container of any meat or meat food product, inspected under the authority of this subchapter and found to be wholesome and not adulterated, shall at the time the product leaves the official establishment bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed.  (2) Each immediate container of any meat or meat food product, inspected under the authority of this subchapter and found to be wholesome and not adulterated, shall at the time the product leaves the official establishment bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors, or preservatives, if any, the net weight or other appropriate measure of the contents, the name and address of the processor, and the approved plant number of the official establishment in which the contents were processed. The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed.  (3) Each livestock carcass and each primal part of a carcass shall bear the official inspection mark and approved plant number of the establishment when it leaves the official establishment.  (4) The Secretary of the Department of Health may by rule require additional marks or label information to appear on livestock carcasses or parts thereof or meat food products when they leave the official establishments or at the time of their transportation or sale in this state. He or she may permit reasonable variations and grant exemptions from the marking and labeling requirements of this section in any number not in conflict with the purposes of this subchapter.  (5) Marks and labels required under this section shall be applied only by or under the supervision of an inspector.    (b) The use of any advertising or any written, printed, or graphic matter upon or accompanying any livestock carcass, or part thereof, or meat food product inspected or required to be inspected pursuant to the provisions of this subchapter, or the container thereof which is false or misleading in any particular, is prohibited.  (c)  (1) No livestock carcasses or parts thereof or meat food products inspected or required to be inspected pursuant to the provisions of this subchapter shall be sold or offered for sale by any person, firm, or corporation under any false or deceptive name, but established trade names which are usual to the articles and which are not false or deceptive and which are approved by the secretary are permitted.  (2) If the secretary has reason to believe that any advertising or any label in use or prepared for use is false or misleading in any particular, he or she may direct that the use of the advertising or label be withheld unless it is modified in such manner as he or she may prescribe so that it will not be false or misleading.  (3) If the person using or proposing to use any advertising or the label does not accept the determination of the secretary, he or she may request a hearing, but the use of the advertising or the label shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary.  (4) Any determination by the secretary shall be conclusive unless within thirty (30) days after the receipt of notice of the final determination, the person adversely affected thereby appeals to the Pulaski County Circuit Court.    
 The following acts or the causing thereof within this state are prohibited:   (1) The processing for, or the sale or offering for sale, transportation, or delivery or receiving for transportation, in intrastate commerce, of any livestock carcass or part thereof, or meat food product unless the article has been inspected for wholesomeness and unless the article and its shipping container and immediate container, if any, are marked in accordance with the requirements under this subchapter or the Federal Meat Inspection Act;  (2) The sale or other disposition for human food of any livestock carcass or part thereof or meat food product which has been inspected and declared to be unwholesome or adulterated under this subchapter;  (3) Falsely making or issuing, altering, forging, simulating, counterfeiting, or using without proper authority any official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification, used in connection with inspection under this subchapter; or causing, procuring, aiding, assisting in, or being a party to false making, issuing, altering, forging, simulating, counterfeiting, or unauthorized use; or knowingly possessing, without promptly notifying the Secretary of the Department of Health or his or her representative, uttering, publishing, or using as true, or causing to be uttered, published, or used as true, any falsely made or issued, altered, forged, simulated, or counterfeited official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification; or representing that any article has been officially inspected under the authority of this subchapter when the article has in fact not been so inspected; or knowingly making any false representation in any certificate prescribed by the secretary in rules under this subchapter or any form resembling the certificate;  (4) Using in intrastate commerce any false or misleading advertising with respect to meat or meat products;  (5) Using in intrastate commerce any false or misleading label on any livestock carcass or part thereof, or meat food product;  (6) The use of any container bearing an official inspection mark except for the article in the original form in which it was inspected and covered by the mark unless the mark is removed, obliterated, or otherwise destroyed;  (7) The refusal to permit access by any authorized representative of the secretary at all reasonable times to the premises of an establishment in this state at which livestock are slaughtered or the carcasses or parts thereof or meat food products are processed for intrastate commerce upon presentation of appropriate credentials;  (8) The refusal to permit access to and the copying of any record as authorized by  20-60-215;  (9) The using by any person to his or her own advantage, or revealing, other than to the authorized representatives of any government agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this subchapter, concerning any matter which as a trade secret is entitled to protection;  (10) Delivering, receiving, transporting, selling, or offering for sale or transportation in intrastate commerce for human consumption any livestock carcass or part thereof or meat food product which has been processed in violation of any requirements under this subchapter except as may be authorized by and pursuant to rules prescribed by the secretary;  (11) Delivering, receiving, transporting, selling, or offering for sale or transportation in intrastate commerce any livestock carcass, or part thereof, or meat food product which is exempted under  20-60-204, is unwholesome or adulterated, and is intended for human consumption; and  (12) Applying to any livestock carcass, or part thereof, or meat food product, or any container thereof, any official inspection mark or label required under this subchapter except by or under the supervision of an inspector.  
 (a) For the purpose of enforcing the provisions of this subchapter, persons engaged in this state in the business of processing for intrastate commerce or transporting, shipping, or receiving in commerce livestock slaughtered for human consumption or meat or meat food products, or holding articles so received, shall maintain the records as the Secretary of the Department of Health by rule may require, showing, to the extent that they are concerned therewith, the receipt, delivery, sale, movement, or disposition of the articles and shall, upon the request of an authorized representative of the secretary, permit him or her at reasonable times to have access to and to copy all the records.  (b) Any record required to be maintained by this section shall be maintained for a period of two (2) years after the transaction which is subject to the record has taken place.  
 This subchapter may be cited as the Meat and Meat Products Certification Act. 
 (a) Meat and meat products are purchased by numerous agencies administered and operated by the State of Arkansas. These products are procured by competitive bidding methods and in accordance with official published specifications.  (b) It is declared to be the policy of this state to grant authority to the Department of Health to provide an acceptance service designed to assure state institutional users of meat and meat products that the meats they purchase comply with the provisions and detailed specifications approved by the Office of State Procurement.  
 The Secretary of the Department of Health shall promulgate such rules as are necessary to carry out the purposes and provisions of this subchapter. 
 (a) The acceptance service to be provided by the Department of Health is to be accomplished by employees of the state who are authorized to inspect livestock, carcasses or parts thereof, or meat food products under the provisions of the Arkansas Meat and Meat Products Inspection Act,  20-60-201 et seq.  (b) Department meat inspectors are designated and authorized to certify as to whether or not meat and meat products conform with specification requirements cited in official purchase agreements regarding requirements such as type, class, style, weight range, state of refrigeration, required packaging, and other suitability factors.  
 The acceptance service shall be made available to all official establishments operating under the direct supervision of the Division of Environmental Health Protection of the Department of Health under the provisions of the Arkansas Meat and Meat Products Inspection Act,  20-60-201 et seq. 
 The cost of providing the acceptance service and ensuing certification shall be borne and paid by the seller, slaughterer or processor, or vendor or merchant requesting the service at such rate as the Secretary of the Department of Health may determine as being necessary to defer the cost of this service. 
 There is authorized to be appropriated such sums as are necessary to carry out the provisions of this subchapter. 
 (a) No fresh, cold storage, or frozen fish produced outside this state or in any foreign country and imported into the United States shall be sold or offered for sale in this state by any food establishment unless:  (1) The package or container containing the food bears a statement in writing naming thereon the country of origin, the date of packaging, and the common name of all fish contained therein; and  (2) The fish has been packaged and processed under sanitary conditions equal to the standards required by the laws and rules of this state for fish processing plants.    (b)  (1) Outlets serving cooked, fresh, cold storage, or frozen fish at retail which display on the menu or in some conspicuous public place in the outlet the identity of the country of origin and the common name of all fish as reflected on the menu or sold in the outlet shall be deemed as having satisfied the requirements of subdivision (a)(1) of this section.  (2) All suppliers of any fresh, cold storage, or frozen fish shall furnish to the distributor or retailer to which the products are sold in this state an affidavit that all products are properly labeled, as required in this section, with respect to the country of origin of and the contents of any foreign imported fish. This affidavit shall include a certificate that the supplier has caused each of the products to be properly labeled in conformance with the requirements of this section.  (3)  (A) The Director of the Arkansas Bureau of Standards and enforcement personnel of the bureau are authorized to enforce the requirements of subsection (a) and subdivisions (b)(1) and (2) of this section.  (B) The director is authorized to promulgate rules necessary to enforce subsection (a) and subdivisions (b)(1) and (2) of this section.    (4) In addition, all suppliers of any fresh, cold storage, or frozen fish shall furnish to any distributor or retailer to which the product is sold in this state proof that the fish has been packaged and processed under sanitary conditions equal to the sanitary conditions required of fish processing plants in this state. The proof may be upon certification by the Department of Health or certification by the United States Food and Drug Administration or other appropriate federal agency that the processing plant in which the fish was packaged or processed meets sanitary conditions within at least the minimum requirements of the laws and rules of this state for fish processing plants, or proof may be upon the certification of the supplier that the fish packaged or processed outside this state or in a foreign country was packaged or processed in a fish processing plant that meets at least the minimum requirements of the laws and rules of this state for sanitary conditions for fish processing plants.    (c) Any supplier of fresh, cold storage, or frozen fish or any distributor or retailer who sells any fish in this state in violation of the provisions of this section shall each be individually and severally subject to the civil penalties as provided in subsection (d) of this section.  (d)  (1) A violator of this section shall be assessed by the State Plant Board a civil penalty of:  (A) Not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for a first violation;  (B) Not less than four hundred dollars ($400) nor more than six hundred dollars ($600) for a second violation within three (3) years after the date of the first violation; and  (C) Not less than seven hundred dollars ($700) nor more than one thousand dollars ($1,000) for a third violation within three (3) years after the date of the first violation.    (2) For a violation to be considered as a second or subsequent offense, it must be a repeat violation of a requirement enumerated in subsection (a) and subdivisions (b)(1) and (2) of this section.  (3)  (A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.  (B) The board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review.    (4)  (A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision.  (B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty.  (C) Any civil penalty collected under this section shall be transmitted to the State Plant Board Fund.      (e) The provisions of this section shall not be applicable to shellfish.  
 This subchapter shall be known as the Arkansas Catfish Marketing Act of 1975. 
 As used in this subchapter, unless the context otherwise requires:   (1) Capable of use as human food shall mean and shall apply to any catfish, catfish-like species, or part or product of catfish or a catfish-like species unless it is denatured or otherwise identified as required by rules prescribed by the Director of the Arkansas Bureau of Standards to deter its use as human food or unless it is naturally inedible by humans;  (2) Catfish means any species of the scientific family Ictaluridae;  (3) Catfish-like means any species of the scientific genus Pangasius, family Claridae, or family Siluridae;  (4) Direct retail sale means the sale of catfish or catfish-like products individually or in small quantities directly to the consumer;  (5) Director means the Director of the Arkansas Bureau of Standards;  (6) Distributor means any person offering for sale, exchange, or barter any catfish or catfish-like product destined for direct retail sale in Arkansas;  (7) Label means a display of written, printed, or graphic matter upon or affixed to the container in which a catfish or catfish-like product is offered for direct retail sale;  (8) Labeling means all labels and other written, printed, or graphic matter upon a catfish or catfish-like product, or any of its containers or wrappers, offered for direct retail sale;  (9) Pay pond means a circumscribed body of water owned by a person and operated solely for recreational fishing purposes on a commercial basis for profit;  (10) Person shall include any individual, partnership, corporation, and association or other legal entity;  (11) Processor means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish or catfish-like products;  (12) Producer means any person engaged in the business of harvesting catfish or catfish-like species, by any method, intended for direct retail sale;  (13) Product means any catfish or catfish-like product capable of use as human food which is made wholly or in part from any catfish, catfish-like species, or portion of catfish or catfish-like species, except products which contain catfish or catfish-like species only in small proportions or which in the judgment of the director historically have not been considered by consumers as products of the commercial catfish industry and which are exempted from definition as a catfish or catfish-like product by the director under such conditions as he or she may prescribe to assure that the catfish, catfish-like species, or portions of catfish or catfish-like species contained therein are not adulterated and that the products are not represented as catfish or catfish-like products;  (14) Product name means the name of the catfish or catfish-like item intended for retail sale which identifies it as to kind, class, or specific use; and  (15) Retailer means any person offering for sale catfish or catfish-like products to individual consumers and representing the last sale before human consumption.  
 (a)  (1)  (A) Any person who violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than five hundred dollars ($500).  (B) However, no person shall be subject to penalties under this section for receiving for transportation any article in violation of this subchapter if the receipt was made in good faith unless the person refuses to furnish on request of a representative of the Director of the Arkansas Bureau of Standards the name and address of the person from whom he or she received the article and copies of all documents, if there are any, pertaining to the delivery of the article to him or her.    (2) All distributors, processors, wholesalers, or retailers who are distributing or selling species of fish as catfish or catfish-like that are not within the definition of catfish or catfish-like under  20-61-202 shall be in violation of this subchapter and shall be assessed a civil penalty of:  (A) Not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for a first violation;  (B) Not less than eight hundred dollars ($800) nor more than two thousand dollars ($2,000) for a second violation within three (3) years after the date of the first violation; and  (C) Not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500) for a third violation within three (3) years after the date of the first violation.    (3) For a violation to be considered as a second or subsequent violation, it must be a repeat of the violation in subdivision (a)(2) of this section.  (4)  (A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.  (B) The State Plant Board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review.    (5)  (A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision.  (B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty.  (C) Any civil penalty collected under this section shall be transmitted to the State Plant Board Fund.      (b) Nothing in this subchapter shall be construed as requiring the director to report for prosecution or for the institution of libel or injunction proceedings any minor violations of this subchapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.  (c)  (1) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.  (2) Before the director reports a violation for prosecution, an opportunity shall be given the distributor or other affected person to present his or her views to the director.    (d)  (1) The director is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under this subchapter, notwithstanding the existence of other remedies at law.  (2) The injunction shall be issued without bond.    
 This subchapter shall be administered by the Director of the Arkansas Bureau of Standards. 
 (a) The Director of the Arkansas Bureau of Standards is authorized to promulgate such rules as may be necessary for the efficient enforcement of this subchapter.  (b)  (1) Before the issuance, amendment, or repeal of any rule authorized by this subchapter, the director shall publish the proposed rule, amendment, or notice to repeal an existing rule in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time.  (2) After consideration of all views presented by interested persons, the director shall take appropriate action to issue the proposed rules or to amend or repeal an existing rule.    
 (a) A catfish or catfish-like product shall not be offered for direct retail sale for human consumption by a processor, distributor, or retailer unless the catfish or catfish-like product name is specifically labeled in the following manner:  (1) Farm-Raised Catfish, if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture;  (2) River or Lake Catfish, if the product has been produced in any freshwater lake, river, or stream of the state but has not been produced according to the usual and customary techniques of commercial aquaculture;  (3) Imported, provided the catfish or catfish-like species is produced from freshwater, either according to the usual and customary techniques of aquaculture, or from freshwater lakes, rivers, or streams of a country other than the United States; and  (4) Ocean Catfish, provided the catfish product is produced from marine or estuarine waters in the United States.    (b) Any person selling river or lake catfish or catfish-like species exclusively and directly to the consumer may have on his or her premises a sign reasonably visible to the consumer which identifies the product as river or lake catfish or catfish-like species, rather than labeling each individual container or package of catfish or catfish-like product, as provided in subsection (a) of this section.  (c) Any retailer selling catfish or catfish-like products not wrapped or in a container may comply with this subchapter by placing a sign on the display case or refrigeration unit so that the sign is reasonably visible to the consumer, giving notice that the catfish or catfish-like species is either farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as the products are defined in subsection (a) of this section.  (d) Any advertising as to any catfish or catfish-like product shall state whether the catfish or catfish-like product is farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as defined in subsection (a) of this section.  (e) Subsections (a)-(d) of this section shall not apply to catfish or catfish-like products exported from the United States.  (f) All distributors, processors, or wholesalers of catfish or catfish-like products distributing or selling catfish or catfish-like products shall provide information to each person, firm, or corporation to whom they distribute or sell catfish or catfish-like products for resale as to whether the catfish or catfish-like product is farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as these terms are defined in subsection (a) of this section.  
 The Director of the Arkansas Bureau of Standards may cooperate with and enter into agreements with governmental agencies of this state, agencies of the United States Government, and private associations in order to carry out the purpose and provisions of this subchapter. 
 The Director of the Arkansas Bureau of Standards shall publish at least biannually, in such form as he or she may deem proper, information concerning the sale of catfish or catfish-like products, together with such data about their production and use as he or she may consider advisable, provided that the information concerning production and sales of catfish or catfish-like products shall not disclose the operation of any person. 
 (a) Any person adversely affected by an act, order, or ruling made by the Director of the Arkansas Bureau of Standards pursuant to the provisions of this subchapter may, within forty-five (45) days thereafter, bring action in the Pulaski County Circuit Court for judicial review of the actions.  (b) The form of the proceeding shall be any which may be provided by statutes of this state to review decisions of administrative agencies or, in the absence or inadequacy thereof, any applicable form of legal action including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.  
 (a) Any person who knowingly violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500) for the second and subsequent offenses.  (b) Nothing in this subchapter shall be construed as requiring the Director of the Arkansas Bureau of Standards to report for prosecution or for the institution of libel or injunction proceedings any minor violations of this subchapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.  (c)  (1) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.  (2) Before the director reports a violation for prosecution, an opportunity shall be given the affected person to present his or her views to the director.    (d)  (1) The director is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under this subchapter, notwithstanding the existence of other remedies at law.  (2) The injunction shall be issued without bond.    
 (a) A catfish or catfish-like product shall not be offered for direct retail sale for human consumption by a restaurant or other eating establishment unless the catfish or catfish-like product name is identified on the menu in the following manner:  (1) Farm-Raised Catfish, if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture;  (2) River or Lake Catfish, if the product has been produced in any freshwater lake, river, or stream of the state, but has not been produced according to the usual and customary techniques of commercial aquaculture;  (3)  (A) Imported, if the catfish or catfish-like product is produced from fresh water, either according to the usual and customary techniques of aquaculture, in or from freshwater lakes, rivers, or streams of a country other than the United States.  (B) The label Imported shall be identified on the menu next to the fish offered for sale in a similar type size and font as the fish offered for sale; and    (4) Ocean Catfish, if the catfish product is produced from marine or estuarine waters in the United States.    (b) A restaurant serving a catfish or catfish-like product that is required to be labeled as Imported, upon the request of the customer, shall disclose the specific source of the catfish or catfish-like product.  (c) As used in this subchapter, catfish and catfish-like mean the same as defined under the Arkansas Catfish Marketing Act of 1975,  20-61-201 et seq.  
 This subchapter shall be administered and enforced by the Director of the Arkansas Bureau of Standards. 
 The Director of the Arkansas Bureau of Standards is authorized to promulgate such rules as may be necessary for the efficient enforcement of this subchapter. 
 (a) Any person adversely affected by an act, order, or ruling made by the Director of the Arkansas Bureau of Standards pursuant to the provisions of this subchapter may, within forty-five (45) days thereafter, bring action in the circuit court of the county wherein the violation occurred for judicial review of the action.  (b) The form of the proceeding shall be any which may be provided by statutes of this state to review decisions of administrative agencies or, in the absence or inadequacy thereof, any applicable form of legal action including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.  
 (a) It shall be unlawful to sell at retail arsenic and its compounds, strychnine and its salts, corrosive sublimate, hydrocyanic acid, phosphorus, opium, morphine, laudanum, or any preparation of opium containing over two (2) grains to the ounce without the containers being plainly labeled in English with the name of the article, the name of the seller, and the word POISON.  (b) Any person who violates any of the provisions of this section shall be guilty of a violation and upon conviction be sentenced to pay a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense.  
 (a) It shall be unlawful for any person in the State of Arkansas to sell or give away or for any person to buy or accept a gift of any strychnine or its salts except upon prescription therefor of a licensed physician, dentist, or veterinarian, or where purchased for use by a licensed pest control operator.  (b)  (1) Any person in this state selling or giving away any strychnine or its salts as authorized in subsection (a) of this section shall keep a record for not less than two (2) years, in a book provided for that purpose, of the date of the sale or gift, the quantity thereof, the name of the person making the sale or gift, and the signature and address of the person making the purchase or receiving the gift.  (2) If the purchaser is a person who is not known to the seller of any strychnine or its salts, the seller shall require such identification of the purchaser as may be necessary to determine the true name and address of the purchaser.    (c) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed two hundred dollars ($200) or imprisoned not more than thirty (30) days, or be both fined and imprisoned.  
 It shall be lawful for eleemosynary institutions, sanatoriums, hospitals, and wholesale druggists having licensed pharmacists in their employ to possess, use, compound, and sell narcotic drugs pursuant to the Federal Narcotic Act and the rules and regulations thereto appertaining. 
 (a) Any apothecary who is authorized to posses narcotic drugs as defined by the Uniform Narcotic Drug Act,  20-64-201 et seq., shall keep the narcotic drugs in a safe, or other receptacle equipped with a lock, sufficient to secure the narcotic drugs against theft.  (b) Any person who violates this section shall be punished as provided by  20-64-220.  
 A search warrant relating to offenses involving drugs regulated under the Uniform Narcotic Drug Act,  20-64-201 et seq., and the Arkansas Drug Abuse Control Act,  20-64-301 et seq., may be served at any time of the day or night if the judge of the district or circuit court issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at that time. 
 (a)  (1) There is created within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services a position of Arkansas Drug Director.  (2) The Arkansas Drug Director shall be appointed by the Governor and shall serve at the pleasure of the Governor.  (3) The Arkansas Drug Director shall report to the Secretary of the Department of Human Services.    (b) The Arkansas Drug Director shall serve as the coordinator for development of an organizational framework to ensure that alcohol and drug programs and policies are well planned and coordinated.  (c) The Arkansas Drug Director, in cooperation with the Department of Finance and Administration, shall perform financial monitoring of each drug task force of the state to ensure that grant funds are being expended according to law and to ensure that the drug task force's financial record system is adequate to provide a clear, timely, and accurate accounting of all asset forfeitures, revenues, and expenditures.  (d)  (1) The Arkansas Drug Director shall maintain an office at a location to be determined by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. All records required by law to be kept by the Arkansas Drug Director shall be maintained at the office.  (2) The Arkansas Drug Director is authorized to establish and enforce rules regarding the management of the Special State Assets Forfeiture Fund and the maintenance and inspection of drug task force records concerning asset forfeitures, revenues, expenditures, and grant funds.  (3) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to hire employees to assist in these functions.    
 (a) There is hereby established the Arkansas Alcohol and Drug Abuse Coordinating Council, hereafter referred to in this subchapter as the coordinating council.  (b) The coordinating council shall be composed of twenty-seven (27) members as follows:  (1) Thirteen (13) members of the coordinating council shall be administrative officers of the following agencies, or their appropriate designees, confirmed by gubernatorial appointment:  (A) The Arkansas Drug Director, who shall serve as Chair of the Arkansas Alcohol and Drug Abuse Coordinating Council;  (B) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;  (C) The Director of the Division of Arkansas State Police;  (D) The Commissioner of Elementary and Secondary Education;  (E) The Director of the Arkansas Department of Transportation;  (F) The Director of the Division of Correction;  (G) The Secretary of the Department of Finance and Administration;  (H) The Adjutant General of the Arkansas National Guard;  (I) The Attorney General;  (J) The Director of the State Crime Laboratory;  (K) The Director of the Office of Alcohol Testing of the Department of Health;  (L) The Director of the Administrative Office of the Courts; and  (M) The Director of the Division of Community Correction; and    (2) The following persons shall be appointed by the Governor for three-year terms and will not serve more than two (2) consecutive terms:  (A) One (1) police chief, one (1) county sheriff, and one (1) drug court judge;  (B) A prosecuting attorney;  (C) A private citizen not employed by the state or the United States Government;  (D) A director of a publicly funded alcohol and drug abuse treatment program;  (E) A school drug counselor;  (F) A director of a drug abuse prevention program;  (G) A director of a driving while intoxicated program;  (H) A health professional; and  (I) Four (4) members from the state at large who have demonstrated knowledge of or interest in alcohol and drug abuse prevention, at least two (2) of whom shall be recovering persons.      (c) The coordinating council members may receive expense reimbursement and stipends in accordance with  25-16-901 et seq.  (d) The coordinating council may appoint noncouncil members for PEER review of grants, and the PEER Review Committee members shall be entitled to reimbursement for actual expenses and mileage to be paid by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services from funds appropriated for its maintenance and operation.  (e) A United States Attorney for Arkansas or his or her designee shall serve on the coordinating council in an advisory capacity.  
 (a) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the responsibility for overseeing all planning, budgeting, and implementation of expenditures of state and federal funds allocated for alcohol and drug education, prevention, treatment, and law enforcement.  (b) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the following functions, powers, and duties:  (1) All federal money received by the State of Arkansas for drug law enforcement, education, or prevention shall be reviewed by the Arkansas Alcohol and Drug Abuse Coordinating Council for disbursement, accountability, and evaluation; and  (2) The Arkansas Alcohol and Drug Abuse Coordinating Council shall review and coordinate all school-based drug education, prevention, and awareness programs and efforts funded by the state.    (c) The Arkansas Alcohol and Drug Abuse Coordinating Council shall assist community-based prevention councils in planning and coordinating prevention activities, promoting innovative programs, developing stable funding sources, and disseminating current information. These local councils should be racially balanced and shall include at least one (1) representative from each of the following groups:  (1) One (1) law enforcement officer;  (2) One (1) school board member;  (3) One (1) school administrator;  (4) One (1) school teacher;  (5) One (1) parent;  (6) One (1) student;  (7) One (1) alcohol and drug abuse program director; and  (8) One (1) health professional.    (d) The Arkansas Alcohol and Drug Abuse Coordinating Council shall develop training and education programs for criminal justice personnel in drug-related matters in conjunction with the Division of Law Enforcement Standards and Training.  (e)  (1) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have authority to develop its rules of procedure to include the establishment of a committee structure for the approval of funding and other purposes.  (2) Committees shall include without limitation a prevention, education, and treatment committee chaired by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and a law enforcement committee.    (f) The Arkansas Alcohol and Drug Abuse Coordinating Council shall establish advocacy groups among the business community and youth population of this state.  (g) The Arkansas Alcohol and Drug Abuse Coordinating Council shall work with all federal, state, county, and local law enforcement agencies to ensure an integrated system of enforcement activities.  (h) The Arkansas Alcohol and Drug Abuse Coordinating Council shall perform other functions as may be necessary to carry out the functions, powers, and duties as set forth in this subchapter.  
 The following words and phrases, as used in this subchapter, shall have the following meanings, unless the context otherwise requires:   (1) Apothecary means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this subchapter shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state;  (2) Dentist means a person authorized by law to practice dentistry in this state;  (3) Dispense includes distribute, leave with, give away, dispose of, or deliver;  (4) Federal narcotic laws means the laws of the United States relating to opium, coca leaves, and other narcotic drugs;  (5) Hospital means an institution for the care and treatment of the sick and injured, approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian;  (6) Laboratory means a laboratory approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction;  (7) Manufacturer means a person who, by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescriptions;  (8)  (A) Narcotic drug means any drug which is defined as a narcotic drug by order of the Director of the Department of Health. In the formulation of definitions of narcotic drugs, the Director of the Department of Health is directed to include all drugs which he finds are narcotic in character and by reason thereof are dangerous to the public health or are promotive of addiction-forming or addiction-sustaining results upon the user which threaten harm to the public health, safety, or morals. In formulating these definitions, the Director of the Department of Health shall take into consideration the provisions of the federal narcotic laws as they exist, from time to time, and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (8)(A), and under the policy of this subchapter.  (B) Narcotic drug also means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:  (i) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. This term does not include the isoquinoline alkaloids of opium;  (ii) Poppy straw and concentrate of poppy straw;  (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;  (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers;  (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers;  (vi) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions (8)(B)(i)-(v) of this section;      (9)  (A) Official written order means an order written on a form provided for that purpose by the United States Administrator of Drug Enforcement under the laws of the United States making provision therefor, if order forms are authorized and required by federal law and, if an order form is not provided, then on an official form provided for that purpose by the Secretary of the Department of Health.  (B) When permitted by federal law, an official written order may also be written and submitted electronically;    (10) Person includes any corporation, association, copartnership, or one (1) or more individuals;  (11) Physician means a person authorized by law to practice medicine in this state and any other person authorized by law to treat sick and injured human beings in this state and to use narcotic drugs in connection with such treatment;  (12) Registry number means the number assigned to each person registered under the federal narcotic laws;  (13) Sale includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee;  (14) Veterinarian means a person authorized by law to practice veterinary medicine in this state;  (15) Wholesaler means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions; and  (16) Written prescription means a prescription that is presented to an apothecary in compliance with federal law and regulations, including a written, oral, faxed, or electronic prescription.  
 It shall be unlawful for any person to manufacture, purchase, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this subchapter. 
 No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the Secretary of the Department of Health. 
 No license shall be issued under  20-64-203 unless and until the applicant therefor has furnished proof satisfactory to the Secretary of the Department of Health:   (a) That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character;  (b) That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application.    No license shall be granted to any person who has within five (5) years been convicted of a willful violation of any law of the United States, or of any state, relating to opium, coca leaves, or other narcotic drugs, or to any person who is a narcotic drug addict.   The secretary may suspend or revoke any license for cause. 
 (1) A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders:  (a) To a manufacturer, wholesaler, or apothecary;  (b) To a physician, dentist, or veterinarian;  (c) To a person in charge of a hospital, but only for use by or in that hospital;  (d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes.       (2)  A duly licensed manufacturer or wholesaler may sell narcotic drugs to any of the following persons:    (a)  On a special written order accompanied by a certificate of exemption, as required by the federal narcotic laws, to a person in the employ of the United States Government or of any state, territorial, district, county, municipal, or insular government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties;    (b)  To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his profession, or to a retired commissioned medical officer of the Army, the Navy, or the Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board of such ship or aircraft, when not in port. Provided: Such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft or to a physician, surgeon, or retired commissioned medical officer of the Army, the Navy, or the Public Health Service employed upon such ship or aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the Public Health Service;    (c)  To a person in a foreign country if the provisions of the federal narcotic laws are complied with.    (3)   Use of Official Written Orders.  An official written order for any narcotic drug shall be signed in quadruplicate by the person giving said order or his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein, and one (1) copy shall be sent to the Secretary of the Department of Health not later than the 10th of the month following the month during which the order was made. In event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of two (2) years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this subchapter. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with the federal narcotic laws, respecting the requirements governing the use of order forms, and the purchaser has sent a signed copy of the order to the secretary as aforesaid.    (4)   Possession Lawful.  Possession of or control of narcotic drugs obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor.    (5)  A person in charge of a hospital or of a laboratory, or in the employ of this state or of any other state, or of any political subdivisions thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his profession, or a retired commissioned medical officer of the Army, the Navy, or the Public Health Service employed upon such ship or aircraft who obtains narcotic drugs under the provisions of this section or otherwise, shall not administer nor dispense nor otherwise use such drugs, within this state, except within the scope of his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this subchapter. 
 (1) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon a written prescription or an oral prescription in pursuance to rules, promulgated by the Secretary of the Department of Health under authority of  20-64-219, of a physician, dentist, or veterinarian, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed, and the full name, address, and registry number under the federal narcotic laws of the person prescribing. If the prescription is for an animal, it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two (2) years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this subchapter. The prescription must not be refilled.  (2) The legal owner of any stock of narcotic drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.  (3) An apothecary, only upon an offical written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one (1) ounce at any one time, aqueous or oleaginous solutions of which the content of narcotic drugs does not exceed a proportion greater than twenty percent (20%) of the complete solution, to be used for medical purposes.  
 (1) Physicians and Dentists. A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, and dispense narcotic drugs, or he may cause the same to be administered by a nurse or intern under his direction and supervision.  (2) Veterinarians. A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision.  (3) Return of Unused Drugs. Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian, shall return to such physician, dentist, or veterinarian any unused portion of such drug, when it is no longer required by the patient.  
 (a) Except as otherwise in this subchapter specifically provided, this subchapter shall not apply to the following cases:  (1) Administering, dispensing, or selling at retail any drug subject to this subchapter under any circumstances that the Secretary of the Department of Health determines, after reasonable notice and opportunity for hearing, not to be dangerous to the public health, or promotive of addiction-forming or addiction-sustaining results upon the user, or harmful to the public health, safety, or morals, and by order so proclaims. In arriving at his determination, the Secretary of the Department of Health shall consult with the United States Drug Enforcement Administration and give due weight to its investigations and determinations;  (2) Administering, dispensing, or selling at retail any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semisolid preparation, in one (1) avoirdupois ounce, not more than one (1) grain of codeine or of any of its salts. The exemptions authorized by this subdivision (a)(2) are subject to the following conditions:  (A) That the medicinal preparation administered, dispensed, or sold contains, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone; and  (B) That the preparation is administered, dispensed, purchased, and sold in good faith as a medicine and not for the purpose of evading the provisions of this subchapter.      (b) Nothing in this section shall limit the quantity of codeine or of any of its salts that may be prescribed, administered, dispensed, or sold to any person or for the use of any person or animal, when it is prescribed, administered, dispensed, or sold, in compliance with the general provisions of this subchapter.  
 (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, and of the dates when purchased or made up, without keeping record of the amount of such solution or other preparation applied by him 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.  
 (1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him or her, he or she shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. No person, except an apothecary for the purpose of filling a prescription under this subchapter, shall alter, deface, or remove any label so affixed.  (2)  (A) When an apothecary sells or dispenses a narcotic drug on a prescription issued by a physician, dentist, or veterinarian, he or she shall affix to the container in which the drug is sold or dispensed a label showing:  (i) His or her own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he or she is lawfully acting;  (ii) The name and address of the patient or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal;  (iii) The name, address, and registry number of the physician, dentist, or veterinarian from whom the prescription was prescribed; and  (iv) The directions for the use of the prescription.    (B) A person shall not alter, deface, or remove a label affixed as required under this subdivision (2).    
 A person to whom or for whose use any narcotic drug has been prescribed, sold, or dispensed by a physician, dentist, apothecary, or other person authorized under the provisions of  20-64-205, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same. 
 The provisions of this subchapter restricting the possession and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties. 
 Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance. No person shall keep or maintain such a common nuisance. 
 Upon delivery to the Secretary of the Department of Health of any narcotic drugs discarded by the owner thereof or other person entitled to the possession or custody thereof, and upon the Secretary of the Department of Health delivering to such person an itemized receipt therefor, the Secretary of the Department of Health is empowered to destroy such narcotic drugs; provided, that the Secretary of the Department of Health shall keep for a period of three (3) years from the date of destruction a record of such transaction, showing the name and address of the person delivering the narcotic drugs, an itemized description thereof, the date and place of delivery, and the date of destruction.   All narcotic drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows:   (a) Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath, reporting said destruction, shall be made to the court or magistrate and to the Administrator of the United States Drug Enforcement Administration by the officer who destroys them;  (b) Upon written application by the Secretary of the Department of Health, the court or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them except heroin and its salts and derivatives, to said Secretary of the Department of Health, for distribution or destruction, as hereinafter provided;  (c) Upon application by any hospital within this state not operated for private gain, the Secretary of the Department of Health may in his discretion deliver any narcotic drugs that have come into his custody by authority of this section to the applicant for medicinal use. The Secretary of the Department of Health may from time to time deliver excess stocks of such narcotic drugs to the Administrator of the United States Drug Enforcement Administration or may destroy the same;  (d) The Secretary of the Department of Health shall keep a full and complete record of all drugs received and of all drugs disposed of, showing the exact kinds, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all federal and state officers charged with the enforcement of federal and state narcotic laws.  
 On the conviction of any person of the violation of any provision of this subchapter, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court, or by the magistrate, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. On the conviction of any such person, the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice his profession or to carry on his business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, said board or officer may reinstate such license or registration. 
 Prescriptions, orders, and records, required by this subchapter, and stocks of narcotic drugs, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to narcotic drugs. No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party. 
 (1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug:  (a) by fraud, deceit, misrepresentation, or subterfuge; or  (b) by the forgery or alteration of a prescription or of any order; or  (c) by the concealment of a material fact; or  (d) by the use of a false name or the giving of a false address.       (2)  Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.    (3)  No person shall willfully make a false statement in any prescription, order, report, or record, required by this subchapter.    (4)  No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person.    (5)  A person shall not make or utter a false or forged prescription or false or forged order.    (6)  No person shall affix any false or forged label to a package or receptacle containing narcotic drugs.   (7) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of  20-64-208, in the same way as they apply to transactions under all other sections. 
 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. 
 It is hereby made the duty of the Secretary of the Department of Health, his officers, agents, inspectors, and representatives, and of all peace officers within the state, and of all prosecuting attorneys, to enforce all provisions of this subchapter, except those specifically designated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic drugs.   The authority to promulgate rules for the efficient enforcement of this act is hereby vested in the secretary. The secretary is hereby authorized to make the rules promulgated under this subchapter conform insofar as possible under the standards established herein and under the policies of this subchapter with those regulations promulgated under the federal Narcotic Act. 
 (1) Except as provided in subdivision (2) of this section, a person violating any provision of this subchapter commits a felony and upon conviction shall be fined not more than two thousand dollars ($2,000), and be imprisoned in the state penitentiary not less than two (2) nor more than five (5) years. For a second offense, or if, in case of a first conviction of violation of any provision of this subchapter, the offender shall previously have been convicted of any violation of the laws of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than five (5) nor more than ten (10) years. For a third or subsequent offense, or if, the offender shall previously have been convicted two (2) or more times in the aggregate of any violation of the law of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than ten (10) or more than twenty (20) years.  (2) A person violating  20-64-217 in a manner involving only a preparation exempted by  20-64-208 for a first conviction shall be fined not more than twenty-five dollars ($25.00), for a second conviction shall be fined not more than fifty dollars ($50.00), and for a third or subsequent conviction shall be fined not more than one hundred dollars ($100).    Except in the case of conviction for a first offense for violation of the provisions of this subchapter the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served. 
 No person shall be prosecuted for a violation of any provision of this subchapter if such person has been acquitted or convicted under the federal narcotic laws of the same act or omission which, it is alleged, constitutes a violation of this subchapter. 
 If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are declared to be severable. 
 This subchapter shall be so interpreted and construed as to effectuate its general purpose, to make uniform the laws of those states which enact it. 
 All acts or parts of acts which are inconsistent with the provisions of this subchapter are repealed. 
 This subchapter may be cited as the Uniform Narcotic Drug Act. 
 This subchapter may be cited as the Arkansas Drug Abuse Control Act. 
 As used in this subchapter, unless the context otherwise requires:   (1) [Repealed.]  (2) Counterfeit drug means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed the drug and which thereby falsely purports, or is represented to be the product of, or to have been packed or distributed by, another drug manufacturer, processor, packer, or distributor;  (3) Depressant or stimulant drug means:  (A) Any drug which contains any quantity of barbituric acid or any of the salts of barbituric acid or any derivative of barbituric acid which has been designated under section 502(d) of the Federal Food, Drug, and Cosmetic Act, as presently in force and effect, as habit-forming and such other derivatives as the State Board of Health shall define as habit-forming, provided that in formulating these definitions, the board shall take into consideration the provisions of the Federal Food, Drug, and Cosmetic Act as it exists from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act, insofar as is possible under the standards established in this subchapter and under the policy of it;  (B) Any drug which contains any quantity of:  (i) Amphetamine or any of its optical isomers;  (ii) Any salt of amphetamine or any salt of an optical isomer of amphetamine; or  (iii) Any substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as habit-forming because of its stimulant effect on the central nervous system. In formulating these rules, the board shall take into consideration the regulations promulgated from time to time under the Federal Food, Drug, and Cosmetic Act and shall amend the rules so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act.    (C) Any drug which contains any quantity of a substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect, provided that the board in formulating its rules shall take into consideration all regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act and shall amend its rules so as to keep them in harmony with the regulations prescribed by the Federal Food, Drug, and Cosmetic Act;    (4) Drug means articles recognized in the official United States Pharmacopoeia, or official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, but does not include devices or their components, parts, or accessories;  (5) Federal act designates the Federal Food, Drug, and Cosmetic Act, which was in effect on June 30, 1967, and all amendments thereto;  (6) Manufacture, compound, or process shall include repackaging or otherwise changing the container, wrapper, or labeling of any drug package in the furtherance of the distribution of the drug from the original place of manufacture to the person who makes final delivery or sale to the ultimate consumer, and the term manufacturers, compounders, and processors shall be deemed to refer to persons engaged in those defined activities;  (7) Person includes individual, partnership, corporation, and association; and  (8) Practitioner means a physician, dentist, veterinarian, or other person licensed in this state to prescribe or administer drugs which are subject to this subchapter.  
 Nothing in this subchapter shall be construed as requiring the State Board of Health to report for the institution of proceedings under this subchapter minor violations of this subchapter whenever the Secretary of the Department of Health believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. 
 (a)  (1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court.  (2) For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years.  (3) For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years.    (b) No person shall be subject to the penalties of subsection (a) of this section, for having violated  20-64-306(9) and (10) if the person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drugs being a counterfeit drug or for having violated  20-64-306(10) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug.  
 It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. 
 The following acts and the causing thereof within the State of Arkansas are prohibited:   (1) The manufacture, compounding, or processing of a drug in violation of  20-64-309;  (2) The sale, delivery, or other disposition of a drug in violation of  20-64-310;  (3) The possession of a drug in violation of  20-64-311;  (4) Obtaining a drug in violation of  20-64-312;  (5) The failure to prepare or obtain, or the failure to keep, a complete and accurate record with respect to any drug as required by  20-64-313;  (6) The refusal to permit access to or copying of any record as required by  20-64-313;  (7) The refusal to permit entry or inspection as authorized by  20-64-313;  (8) The filling or refilling of any prescription in violation of  20-64-314;  (9) Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render a drug a counterfeit drug; and  (10) The doing of any act which causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug.  
 The following are declared to be contraband and shall be seized and forfeited without warrant by an authorized agent of the State Board of Health whenever he or she has reasonable grounds to believe they are:   (1) A depressant or stimulant drug with respect to which a prohibited act within the meaning of  20-64-306 has occurred;  (2) A drug that is a counterfeit;  (3) A container of a depressant or stimulant drug or of a counterfeit drug;  (4) Equipment used in manufacturing, compounding, or processing a depressant or stimulant drug with respect to which drug a prohibited act within the meaning of  20-64-306 has occurred; and  (5) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit drug or drugs.  
 (a)  (1) When an article, drug, or other thing is seized and forfeited under the provisions of  20-64-307, the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized.  (2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice.  (3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretarys office in Little Rock.  (4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken.  (5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented.  (6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretarys order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law.  (7) An appeal from the judgment of the circuit court may be taken to the Supreme Court.    (b)  (1) If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under  20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years.  (2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law.    
 No person shall manufacture, compound, or process in this state any depressant or stimulant drug, except that this prohibition shall not apply to the following persons whose activities in connection with any drug are as specified in this section:   (1) Manufacturers, compounders, and processors, operating in conformance with the laws of this state relating to the manufacture, compounding, or processing of drugs, who are regularly engaged in preparing pharmaceutical chemicals or prescription drugs for distribution through branch outlets, through wholesale druggists, or by direct shipment:  (A) To pharmacies or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions, or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or  (B) To laboratories or research or educational institutions for their use in lawful research, teaching, or chemical analysis;    (2) Suppliers, operating in conformance with the laws of this state relating to the manufacture, compounding, or processing of drugs of manufacturers, compounders, and processors referred to in subdivision (1) of this section;  (3) Wholesale druggists who maintain their establishments in conformance with state and local laws relating to the manufacture, compounding, or processing of drugs and are regularly engaged in supplying prescription drugs:  (A) To pharmacies, or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or  (B) To laboratories or research or educational institutions for their use in lawful research, teaching, or clinical analysis;    (4) Pharmacies, hospitals, clinics, and public health agencies which maintain their establishments in conformance with state and local laws regulating the practice of pharmacy and medicine which are regularly engaged in dispensing drugs upon prescriptions of practitioners licensed in this state to administer the drugs for patients under the care of the practitioners in the course of their professional practice;  (5) Practitioners licensed in this state to prescribe or administer depressant or stimulant drugs, while acting in the course of their professional practice;  (6) Persons who use depressant or stimulant drugs in research, teaching, or chemical analysis and not for sale;  (7) Officers and employees of this state or of a political subdivision of this state or of the United States while acting in the course of their official duties; and  (8) An employee or agent of any person described in subdivisions (1)-(6) of this section and a nurse under the supervision of a practitioner licensed by law in this state to administer depressant or stimulant drugs, while the employee or nurse is acting in the course of his or her employment or occupation and not on his or her own account.  
 No person shall sell, deliver, or otherwise dispose of any depressant or stimulant drug or counterfeit drug to any other person unless that person is:   (1) A person described in  20-64-309, while the person is acting in the ordinary and authorized course of his or her business, profession, occupation, or employment; or  (2) A common or contract carrier or warehouser, or an employee thereof, whose possession of any depressant or stimulant drug or counterfeit drug is in the usual course of his or her business or employment as such.  
 No person other than a person described in  20-64-309 or  20-64-310(2) shall possess any depressant or stimulant drug unless:   (1) The drug was obtained upon a valid prescription and is held in the original container in which the drug was delivered; or  (2) The drug was delivered by a practitioner in the course of his or her professional practice, and the drug is held in the immediate container in which the drug was delivered.  
 (a) No person other than a person described in  20-64-309(7) shall obtain or attempt to obtain a depressant or stimulant drug by:  (1) Fraud, deceit, misrepresentation, or subterfuge;  (2) Falsely assuming the title of or representing himself or herself to be a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess stimulant or depressant drugs;  (3) The use of a forged or altered prescription; or  (4) The use of a false name or false address on a prescription.    (b) However, this section shall not apply to drug manufacturers, their agents, or employees when the manufacturers, their agents, or employees are authorized to engage in and are actually engaged in investigative activities directed toward the safeguarding of the drug manufacturer's trademark.  
 (a)  (1) Every person engaged in manufacturing, compounding, processing, selling, delivering, or otherwise disposing of any depressant or stimulant drug shall, on and after June 30, 1967, prepare a complete and accurate record of all stocks of each drug on hand and shall keep the record for three (3) years, except that if this record has already been prepared in accordance with section 511(d) of the Federal Food, Drug, and Cosmetic Act, no additional record shall be required, provided that all records prepared under section 511(d) of the Federal Food, Drug, and Cosmetic Act have been retained and are made available to the State Board of Health upon request. When additional depressant or stimulant drugs are designated by the board after June 30, 1967, a similar record must be prepared upon the effective date of the designation on and after June 30, 1967. Every person manufacturing, compounding, or processing any depressant or stimulant drug shall prepare and keep, for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug manufactured, compounded, or processed and the date of the manufacture, compounding, or processing.  (2) Every person selling, delivering, or otherwise disposing of any depressant or stimulant drug shall prepare or obtain, and keep for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug received, sold, delivered, or otherwise disposed of, the name and address from whom it was received and to whom it was sold, delivered, or otherwise disposed of, and the date of the transaction.    (b)  (1) Every person required by subdivision (a)(1) of this section to prepare or obtain, and keep, records and any carrier maintaining records with respect to any shipment containing any depressant or stimulant drug, and every person in charge, or having custody, of the records, shall, upon request of an officer or employee designated by the board, permit an officer or employee at reasonable times to have access to and copy the records. For the purposes of verification of the records and of enforcement of this subchapter, officers or employees designated by the board are authorized, to enter, at reasonable times, any factory, warehouse, establishment, or vehicle in which any depressant or stimulant drug is held, manufactured, compounded, processed, sold, delivered, or otherwise disposed of and to inspect, within reasonable limits and in a reasonable manner, the factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished material, containers and labeling therein, and all things therein including records, files, papers, processes, controls, and facilities; and to inventory any stock of any such drug therein and obtain samples of any drug.  (2) No inspection authorized by subdivision (b)(1) of this section shall extend to:  (A) Financial data;  (B) Sales data other than shipment data;  (C) Pricing data;  (D) Personnel data; or  (E) Research data.      (c) The provisions of subsections (a) and (b) of this section shall not apply to a licensed practitioner described in  20-64-309(5) with respect to any depressant or stimulant drug received, prepared, processed, administered, or dispensed by him or her in the course of his or her professional practice unless the practitioner regularly engages in dispensing any drug or drugs to his or her patients for which they are charged, either separately or together with charges for other professional services.  
 (a)  (1)  (A) A prescription for a depressant or stimulant drug shall not be filled or refilled more than six (6) months after the date on which the prescription was issued.  (B) A prescription that is authorized to be refilled shall not be refilled more than five (5) times.    (2) However, this subchapter does not prevent a practitioner from issuing a new written prescription for the same drug.    (b) If no indication of refill status is indicated on the prescription, it shall not be refilled.  
 Depressant or stimulant drugs exempted under section 511(f) of the Federal Food, Drug, and Cosmetic Act and such other drugs as the State Board of Health shall specify are exempted from the application of  20-64-309  20-64-315. 
 Any officer or employee of the Department of Health designated by the Secretary of the Department of Health to conduct examinations, investigations, or inspections under this subchapter relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized by the secretary:   (1) Carry firearms;  (2) Execute and serve search warrants and arrest warrants;  (3) Execute seizure by process issued pursuant to  20-64-307 and 20-64-308;  (4) Make arrests without warrant for offenses under this subchapter with respect to drugs if the offense is committed in his or her presence; and  (5) Make seizures of drugs or containers or equipment, punches, dies, plates, stone, labeling, or other things, if they are, or he or she has reasonable grounds to believe that they are, subject to seizure and condemnation under  20-64-307 and 20-64-308.  
 (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.  
 (a) Any person violating any provision of this subchapter shall be guilty of a felony and upon conviction shall be subject to imprisonment in the state penitentiary for a term of not less than three (3) years nor more than five (5) years.  (b) For the second or any subsequent violation of this subchapter, the person shall be subject to imprisonment in the state penitentiary for a term of not less than five (5) years or more than ten (10) years.  
 It shall be unlawful for any person, except as provided in this subchapter, to use, possess, have in one's possession, sell, exchange, give or attempt to give to another, barter, or otherwise dispose of:   (1) Lysergic acid;  (2) LSD, which is d-lysergic acid diethylamide;  (3) DMT, which is N-N-dimethyltryptamine;  (4) Any compound, mixture, or preparation which is physiologically similar to any drug listed in subdivisions (1)-(3) of this section in its effect on the central nervous system; or  (5) Any salt or derivative of any drug listed in subdivisions (1)-(3) of this section.  
 The drugs enumerated in  20-64-402 may lawfully be possessed by:   (1) A manufacturer licensed by the United States Food and Drug Administration to produce and distribute the drugs, or his or her agent, to be sold only to a person authorized in this section to possess the drugs or transport in interstate commerce. Each shipment must bear the identifying number assigned by the United States Food and Drug Administration;  (2)  (A) A licensed pharmacy, to be dispensed only to a licensed physician or research scientist qualified under subdivision (3) or subdivision (4) of this section.  (B) However, every pharmacy which receives or dispenses the drug shall keep a record showing the date, amount, and source of drugs received, the date of dispensing, the name and address of the person to whom dispensed, and the kind and quantity of drugs.  (C) The record shall be kept for a period of three (3) years from the date of the transaction recorded and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer;    (3)  (A) A licensed physician, provided that every physician who receives or administers the drug shall keep a record showing the date, amount, and source of drugs received, the date of administration, the name and address of the person to whom administered, and the kind and quantity of drugs.  (B) Every record shall be kept for a period of three (3) years from the date of administration and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.  (C) Any physician who administers any drug listed in  20-64-402 to any human being shall keep the patient under his or her personal supervision and care until the effect of the drug has entirely ceased; and    (4)  (A) A licensed psychologist or a member of the faculty of a college or university in this state who is qualified by scientific training and experience to investigate the safety and effectiveness of the drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician as provided in subdivision (3) of this section.  (B) Any psychologist or research scientist who uses the drug shall keep a record showing the date, amount, and source of drugs received and the disposition and use of all drugs.  (C) Every record shall be kept for a period of three (3) years from date of use and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.    
 Nothing in this subchapter shall apply to the sale of chemicals or poisons for use for nonmedical purposes, or for uses as insecticides or biologics or medicine used for the cure, mitigation, or prevention of disease of animals or fowl, and uses for agricultural use which comply with the requirements of the Federal Food, Drug, and Cosmetic Act and all amendments thereto unless those products are prescription drugs under this subchapter. 
 (a) This subchapter shall be construed to repeal only those provisions of the pharmacy laws of Arkansas in direct and specific conflict herewith.  (b) The provisions of this subchapter shall otherwise be cumulative to the pharmacy laws of Arkansas.  
 As used in this subchapter, unless the context otherwise requires:   (1) Blood means whole blood collected from a single donor and processed either for transfusion or further manufacturing;  (2) Blood component means that part of blood separated by physical or mechanical means;  (3) [Repealed.]  (4) Controlled substance means those substances, drugs, or immediate precursors listed in Schedules I through VI of the Uniform Controlled Substances Act,  5-64-101 et seq., and revised by the Secretary of the Department of Health pursuant to his or her authority under  5-64-214  5-64-216;  (5) Drug sample means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug;  (6)  (A) Legend drug means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is:  (i) Habit-forming;  (ii) Toxic or having potential for harm; or  (iii) Limited in its use to use under a practitioner's supervision by the new drug application for the drug.    (B) The product label of a legend drug is required to contain the statement: CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION.  (C) A legend drug includes prescription drugs subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) if certain specified conditions are met;    (7) Manufacturer means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug;  (8) Person includes individual, partnership, corporation, business firm, and association;  (9) Prescription drug means controlled substances, legend drugs, and veterinary legend drugs as defined herein;  (10) Veterinary legend drugs means drugs defined in 21 C.F.R.  201.105 and bearing a label required to bear the cautionary statement: CAUTION: FEDERAL LAW RESTRICTS THIS DRUG TO USE BY OR ON ORDER OF A LICENSED VETERINARIAN;  (11) Wholesale distribution means the distribution of prescription drugs to persons other than consumers or patients but does not include:  (A) Intracompany sales;  (B) The purchase or other acquisition by a hospital or other healthcare entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or healthcare entities that are members of the organizations;  (C) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code to a nonprofit affiliate of the organization to the extent otherwise permitted by law;  (D) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other healthcare entities that are under common control. For the purposes of this section, common control means the power to direct or cause the direction of the management and policies of a person or an organization whether by ownership of stock or voting rights, by contract, or otherwise;  (E) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons; for purposes of this section, emergency medical reasons includes transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage;  (F) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription;  (G) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or  (H) The sale, purchase, or trade of blood components intended for transfusion; and    (12) Wholesale distributor means any person engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers; repackers' own-label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; prescription drug repackagers; physicians; dentists; veterinarians; birth control and other clinics; individuals; hospitals; nursing homes and their providers; health maintenance organizations and other healthcare providers; and retail and hospital pharmacies that conduct wholesale distributions. A wholesale drug distributor shall not include any for-hire carrier or person or entity hired solely to transport prescription drugs.  
 It shall be unlawful for any person to sell or offer for sale by advertisement, circular, letter, sign, oral solicitation, or any other means any prescription drug unless the person holds and possesses a permit authorizing the sale as provided by this subchapter. 
 (a) Every wholesale distributor who shall engage in the wholesale distribution of prescription drugs, to include without limitation, manufacturing in this state, shipping into this state, or selling or offering to sell in this state, shall register annually with the Arkansas State Board of Pharmacy by application for a permit on a form furnished by the board and accompanied by a fee of two hundred dollars ($200). The board may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this state, or for a parent entity with divisions, subdivisions, subsidiaries, or affiliate companies within this state when operations are conducted at more than one (1) location and there exists joint ownership and control among all the entities.  (b)  (1) The permit may be renewed annually at a renewal permit fee of one hundred dollars ($100).  (2) All permits issued under this section shall expire on December 31 of each calendar year.  (3) Each application for the renewal of the permit must be made on or before December 31 of each year, at which time the previous permits shall become null and void.    (c) Each permit issued hereunder shall be displayed by the holder thereof in a conspicuous place.  
 (a) All wholesale distributors must, before shipping to a recipient in this state any prescription drug as defined in this subchapter, ascertain that the person to whom shipment is made is either a physician licensed by the Arkansas State Medical Board, a licensed doctor of dentistry, a licensed doctor of veterinary medicine, a licensed doctor of podiatric medicine, a hospital licensed by the State Board of Health, a licensed wholesale distributor as defined in this subchapter, a pharmacy licensed by the Arkansas State Board of Pharmacy, or other entity authorized by law to purchase or possess prescription drugs.  (b) No wholesale distributor shall ship any prescription drug to any person after receiving written notice from the Arkansas State Board of Pharmacy that the person no longer holds a registered pharmacy permit or is not a licensed physician, dentist, veterinarian, or hospital.  
 (a) The Arkansas State Board of Pharmacy shall adopt rules for the wholesale distribution of prescription drugs which promote the public health and welfare and which comply with the minimum standards, terms, and conditions of the Prescription Drug Marketing Act and federal regulations, including without limitations 21 C.F.R.  205, for licensing by state authorities of persons who engage in the wholesale distribution in interstate commerce of prescription drugs. The rules shall include without limitation:  (1) Minimum information from each wholesale distributor required for licensing and renewal of licenses;  (2) Minimum qualifications of persons who engage in the wholesale distribution of prescription drugs;  (3) Appropriate education or experience, or both, of persons employed in wholesale distribution of prescription drugs who assume responsibility for positions related to compliance with state licensing requirements;  (4) Minimum requirements for the storage and handling of prescription drugs; and  (5) Minimum requirements for the establishment and maintenance of prescription drug distribution records.    (b) In the event that this subchapter or rules promulgated under this subchapter conflict with the federal Prescription Drug Marketing Act or federal regulations, the federal Prescription Drug Marketing Act or federal regulations shall control.  (c) The board shall appoint an advisory committee composed of seven (7) members, one (1) of whom shall be a representative of a pharmacy but who shall not be a member of the board, three (3) of whom shall be representatives of wholesale drug distributors, and three (3) of whom shall be representatives of drug manufacturers. The committee shall review and make recommendations to the board on the merit of all rules dealing with pharmacy distributors, wholesale drug distributors, and drug manufacturers which are proposed by the board.  
 The Arkansas State Board of Pharmacy may revoke or suspend an existing license or may refuse to issue a license under this subchapter if the holder or applicant has committed or is found guilty by the board of any of the following:   (1) Violation of any federal, state, or local law, rule, or regulation relating to drugs;  (2) Violation of any provisions of this subchapter or any rule promulgated hereunder; or  (3) Commission of an act or engaging in a course of conduct which constitutes a clear and present danger to the public health and safety.  
 (a) After notice and hearing, whenever the Arkansas State Board of Pharmacy has found a licensee to have committed any act enumerated in  20-64-508, the board shall have the power to impose a civil penalty and may order the license to be suspended until the penalty is paid.  (b) Before imposing any civil penalty, the board shall determine that the public health and welfare would not be impaired by the imposition of the penalty and that payment of the penalty will achieve the desired disciplinary purposes.  (c) No penalty imposed by the board shall exceed one thousand dollars ($1,000) per violation, nor shall the board impose a penalty on a licensee where the license has been revoked by the board for a violation.  (d) Each instance where a federal, state, or local law or regulation is violated shall constitute a separate violation.  (e) The power and authority of the board to impose penalties is not to be affected by any other civil or criminal proceeding concerning the same violation, nor shall the imposition of a penalty preclude the board from imposing other sanctions short of revocation.  
 The procedure for notice, hearing, and appeals therefrom shall be that of the Arkansas State Board of Pharmacy set forth in  17-92-313, and that of the Arkansas Administrative Procedure Act,  25-15-201 et seq. 
 A person violating any provision of this subchapter shall be guilty of a Class A misdemeanor. 
 (a)  (1) The Arkansas State Board of Pharmacy may conduct inspections upon all premises purporting or appearing to be used by a person licensed under this subchapter.  (2) The board in its discretion may accept a satisfactory inspection by the United States Food and Drug Administration or a state agency of another state which the board determines to be comparable to that made by the United States Food and Drug Administration or the board.    (b) A licensed person may keep records at a central location apart from the principal office of the licensee or the location at which the drugs were stored and from which they are distributed.  
 The Arkansas State Board of Pharmacy may, in its discretion and in addition to various remedies provided by law under this subchapter, apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain violations of this subchapter or of any conduct which constitutes a clear and present danger to the public health and safety. 
 (a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall:  (1) Coordinate all state and federally funded programs dealing with alcohol and drug abuse in the state;  (2) Provide information to the public on the problems and needs of alcohol and drug abusers;  (3) Make evaluations of the effectiveness and efficiency of various agencies and programs relating to alcohol and drug abuse; and  (4) Exercise all authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter.    (b) The duties and responsibilities of the division shall include the following:  (1) Coordinate all state and federally funded programs, services, and activities relating to the prevention, treatment, rehabilitation, education intervention, and training of alcoholics and persons with alcohol and other drug abuse-related problems;  (2) Develop, administer, and implement a state plan for alcohol abuse and drug abuse prevention as defined in Pub. L. No. 92-255, or its successor, and develop reports on state and local activities in alcohol and drug abuse prevention with recommendations for allocations of resources by refining goals and establishing priorities;  (3) Sponsor, encourage, and conduct research into the causes, nature, and treatment of alcoholism, alcohol abuse, and drug abuse and serve as a central source of information and data collection regarding alcohol abuse and drug abuse in this state;  (4) Serve in a liaison capacity between the state and local communities and the United States Government with respect to alcohol abuse and drug abuse programs and, subject to the approval of the Secretary of the Department of Human Services, enter into agreements with and make commitments on behalf of the State of Arkansas to meet requirements for obtaining federal assistance or grants for partially financing alcohol abuse and drug abuse programs in the state;  (5) Divide the state into appropriate regions for the purpose of planning and the provision of services;  (6) As may be deemed necessary, establish district, regional, or other substate advisory councils to help carry out the duties of the division;  (7) Review, on a continuing basis, existing and proposed state statutes relating to alcohol abuse and drug abuse education, prevention, intervention, treatment rehabilitation, and training and make appropriate recommendations for legislation to the secretary and the General Assembly;  (8) Review, on a continuing basis, existing and proposed rules, policies, programs, and procedures of state agencies and political subdivisions concerning alcohol and drug abuse and recommend to the appropriate agency or political subdivision changes in or additions to the rules, policies, programs, and procedures;  (9) Review those budget items proposed by other state agencies which are intended for alcohol or drug abuse prevention, intervention, treatment, education, rehabilitation, and training services and make recommendations to the secretary;  (10) Determine the training and orientation needs of professionals, paraprofessionals, supervisors, managers, and other persons in the public and private sectors who come in contact with those persons affected directly or indirectly with alcohol or drug abuse problems or who may impact in a preventive way with individuals who might otherwise become dependent upon alcohol or other drugs;  (11) Assist in the development of programs designed to meet identified needs;  (12) Provide technical assistance, guidance, consultation, information, and other appropriate services to local programs, local government, district and regional bodies, and state agencies regarding the creation or modification of alcohol or drug abuse programs and procedures;  (13) Establish and apply criteria for evaluation of:  (A) The effectiveness of alcohol or drug abuse programs conducted in this state; and  (B) The accuracy of information contained in and the effectiveness of literature and audiovisual aids prepared to combat alcohol and drug abuse;    (14) Specify uniform methods for keeping statistical information on all individuals receiving services related to the use or misuse of alcohol and drugs and also develop and maintain a centralized data collection and dissemination system for alcohol and drug abuse programs and activities consistent with federal and state statutes, rules, and regulations;  (15) Prepare an annual report to coincide with appropriate federal reports to be submitted to the advisory council, the secretary, and the Governor describing activities of the division and the accomplishments and effectiveness of its programs and also prepare special reports as deemed necessary for the advisory council to aid in the fulfillment of its advisory responsibilities;  (16) Develop policies, plans, and programs sponsoring and encouraging research and prevention activities in this state, especially in the categories of children and youth, women, minorities, senior citizens, and incarcerated persons but not limited to these areas;  (17) Request, as deemed necessary, reports in sufficient detail for various departments of state government regarding their alcohol or drug abuse program activities;  (18) Cooperate with and assist and solicit the cooperation and assistance of appropriate state agencies, community mental health centers and clinics, hospitals, doctors, law enforcement officials, courts, ministers, and any and all other public or private agencies or organizations involved in or dedicated to providing services to those persons who have alcohol or drug abuse-related problems;  (19) Develop and promulgate standards and rules for accrediting, certifying, and licensing alcohol and drug abuse prevention, treatment, and rehabilitation programs and facilities within the state, under the supervision and direction of the secretary, provided that the standards and rules shall not supersede standards and rules promulgated by other state agencies for programs or facilities whose primary mission is not alcohol and drug abuse prevention, treatment, and rehabilitation;  (20) Review the regulations, guidelines, requirements, and procedures of state and federally funded operating agencies in terms of their consistency with state alcohol and drug abuse prevention policies, priorities, procedures, and objectives and assist the agencies in making changes therein as may be appropriate;  (21) Maintain a liaison with all state and local agencies concerned with drug traffic prevention;  (22) Conduct annual site visits to all state and federally funded alcohol and drug abuse programs and facilities to determine their compliance with the standards and rules for accrediting, certifying, and licensing as set forth in subdivision (b)(19) of this section;  (23) Apply for and assist others in applying for state, private, or federal grants-in-aid and, with the advice and counsel of the advisory council, approve applications for state and federal grants and enter into grants and contracts with public agencies, institutes of higher education, and private organizations or individuals for the purpose of carrying out research, prevention, education, training, treatment, intervention, and rehabilitation activities or special projects which bear directly on the problems related to alcohol and drug abuse or misuse. The contracts or grants may be entered into for these purposes without performance bonds;  (24) Be the primary agency responsible for receiving and disbursing all state, federal, and other public moneys collected for the purpose of combating alcohol and drug abuse-related problems in this state and to account for such receipts and disbursals as are made; and  (25) Do and perform all other actions and exercise all other authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter.    
 The Secretary of the Department of Human Services shall be the single state authority and shall have primary responsibility for administering the state plan on alcohol abuse and alcoholism and the state plan on drug abuse prevention. 
 (a) The purpose of this subchapter is to help prevent broken homes and the loss of life, health, money, and property by creating an agency which shall coordinate the efforts of all interested and affected state and local agencies; develop educational and preventative programs; promote and aid study and research relating to problems of alcoholism; and promote the establishment of constructive programs for treatment aimed at the reclamation and rehabilitation of alcoholics.  (b) Alcoholism is recognized as an illness and a public health problem affecting the general welfare and economy of the state and, as an illness, is subject to treatment and abatement.  (c) The sufferer of alcoholism is recognized as one worthy of treatment and rehabilitation.  (d) The need for proper and sufficient facilities, programs, and procedures within the state for the study, control, and treatment of alcoholism is recognized.  (e) It is contemplated and intended that this subchapter shall not become involved with or become a vehicle for either the commonly called dry or wet movements, for it is recognized that alcoholism is a problem irrespective of any laws relating to the manufacture, sale, or consumption of alcoholic beverages.  (f) It is declared that the procedure for commitment of alcoholics, as provided for in this subchapter, is not punitive but is a committal for treatment of an illness affecting not only the individual involved but also the public welfare.  
 As used in this subchapter, unless the context otherwise requires:   (1) Alcoholic means any person who chronically and habitually uses alcoholic beverages to the extent that the person has lost the power of self-control with respect to the use of such beverages, or who while chronically and habitually under the influence of alcoholic beverages endangers public morals, health, safety, or welfare;  (2) Alcoholic beverages includes alcoholic spirits, liquors, wines, beer, and every liquid or fluid containing alcohol which is capable of being consumed by human beings and produces intoxication in any form or in any degree; and  (3) Alcoholism has reference to any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of alcoholic beverages.  (4) [Repealed.]  (5) [Repealed.]  
 This subchapter shall be liberally construed to accomplish the purposes sought in it. 
 The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the following duties and functions:   (1) Carry on a continuing study of the problems of alcoholism in this state and seek to focus public attention on the problems;  (2) Establish cooperative relationships with other state and local agencies, hospitals, clinics, public health, welfare, and law enforcement authorities, educational and medical agencies and organizations, and other related public and private groups;  (3) Promote or conduct educational programs on alcoholism, purchase and provide books, films, and other educational material, furnish funds or grants to the Division of Elementary and Secondary Education, institutions of higher education, and medical schools for study and research, and modernize instruction regarding the problems of alcoholism;  (4) Provide for treatment and rehabilitation of alcoholics and allocate funds for:  (A) The establishment of local alcoholic clinics, with or without short-term hospitalization facilities, by providing funds for not to exceed seventy-five percent (75%) of the total operating cost of the clinics operated by a city or a county;  (B) Providing treatment for those alcoholics needing from five (5) to ninety (90) days' hospitalization, whether voluntary patients or those admitted on court order, by furnishing the Department of Human Services State Institutional System Board all of the funds needed for the proper operation of segregated wards for treatment of the patients. The funds and necessary personnel shall be in addition to all funds and personnel provided the board in the regular departmental appropriation bill;  (C) Contracting with hospitals or institutions not under its control for the care, custody, and treatment of alcoholics; and  (D) Providing for the detention, care, and treatment of recalcitrant alcoholics and alcoholics with long police court records, by furnishing funds for the operation of farm or colony-type facilities under the provisions of subdivision (4)(A) or subdivision (4)(B) of this section; and    (5) While the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services necessarily must, and does, have discretion as to proportions in which it allocates funds to the various aspects of this problem, it is contemplated and intended that the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall make every reasonable effort not to concentrate too largely on any one (1) phase of the problem at the expense or to the detriment of other phases. For example, but not limited to, the following phases:  (A) That research should not be slowed because of funds directed to treatment, and vice versa;  (B) That treatment should not be slowed because of funds directed to rehabilitation, and vice versa; and  (C) That rehabilitation should not be slowed because of funds directed to research, and vice versa.    
 (a)  (1) The deputy director, on behalf of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, may receive any federal means, grants, contributions, gifts, and loans which are payable or distributable to the State of Arkansas by the United States Government or any of its agencies or instrumentalities, under any existing or future federal laws or statutes or rules or regulations of the agencies or instrumentalities, received for or on account of any of the functions performable by the division.  (2) The division may also receive gifts, grants, donations, fees, conveyances, or transfers of money and property, both real and personal, from private and public sources, to effectuate the purposes of this subchapter.    (b) The deputy director, on behalf of the division, shall sell or dispose of such real or personal property as the division deems advisable, upon specific authorization of the division.  (c) Any funds and income from any property so furnished or transferred to the deputy director on behalf of the division shall be placed in the State Treasury in a special fund and expended in the same manner as other state moneys are expended, upon warrants drawn by the comptroller upon the order of the division.  (d) Any of the moneys, funds, and property described in this section are appropriated for the purpose of carrying out the provisions of this subchapter.  
 The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be responsible for the adoption of all policies and shall make all rules appropriate to the proper accomplishment of its functions under this subchapter and to the allocation of its funds. 
 (a) To effectuate the purpose of this subchapter and to make maximum use of existing facilities and personnel, it is the duty of all departments and agencies of the state government and all officers and employees of the state, when requested by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, to cooperate with it in all activities consistent with their proper respective functions.  (b) This section does not give the division control over existing facilities, institutions, or agencies, or require the facilities, institutions, or agencies to serve the division inconsistently with their respective functions, or with the authority of their respective offices, or with the laws and regulations governing their respective activities, or give the division power to make use of any private institution or agency without the consent of the private institution or agency, or to pay a private institution or agency for services which a public institution or agency is willing and able to perform adequately.  
 As used in this subchapter:   (1) Administrator refers to the chief administrative officer or executive director of any private or public facility or program designated as a receiving facility or program by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;  (2) Detention refers to any confinement of a person against his or her wishes and begins either:  (A) When a person is involuntarily brought to a receiving facility or program;  (B) When the person appears for the initial hearing; or  (C) When a person on a voluntary admission is in a receiving facility or program pursuant to  20-64-810;    (3) Evaluation means an assessment prepared by a receiving facility to include a description of the existence and extent of the person's addiction to alcohol or drugs;  (4) Gravely disabled refers to a person who, if allowed to remain at liberty, is substantially likely, by reason of addiction to alcohol or other drugs, to physically harm himself or herself or others as a result of inability to make a rational decision to receive medication or treatment, as evidenced by:  (A) Inability to provide for his or her own food, clothes, medication, medical care, or shelter;  (B) An inability to avoid or protect himself or herself from severe impairment or injury without treatment; or  (C) Placement of others in a reasonable fear of violent behavior or serious physical harm to them;    (5) Homicidal refers to a person who is addicted to alcohol or drugs and poses a significant risk of physical harm to others as manifested by recent overt behavior evidencing homicidal or other violent assaultive tendencies;  (6) Person shall mean a citizen of the State of Arkansas who is eighteen (18) years of age or older;  (7) Receiving facility or program refers to a residential, inpatient, or outpatient treatment facility or program which is designated within each geographical area of the state by the division to accept the responsibility for care, custody, and treatment of persons voluntarily admitted or involuntarily committed to the facility or program; and  (8) Suicidal refers to a person who is addicted to alcohol or other drugs and by reason thereof poses a substantial risk to himself or herself as manifested by evidence of, threats of, or attempts at suicide or serious self-inflicted bodily harm, or by evidence of other behavior or thoughts that create a grave and imminent risk to his or her physical condition.  
 The circuit courts of this state shall have exclusive jurisdiction for the involuntary commitment procedures initiated pursuant to this subchapter. The circuit judge may conduct hearings pursuant to this subchapter in a receiving facility or program where the person is detained or residing at the Arkansas State Hospital or within any county of his or her judicial district. 
 The prosecuting attorney, deputy prosecuting attorneys, the Prosecutor Coordinator, law enforcement officers, governing boards of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, employees of the division, governing boards of designated receiving facilities, and employees of designated receiving facilities and programs shall be immune from civil liability for performance of duties imposed by this subchapter. 
 Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law. 
 (a) To assure compliance with this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any receiving facility or program to which persons are admitted or committed under this subchapter.  (b) The division shall promulgate written procedures to implement this subchapter on or before July 1, 1995. The provisions shall:  (1) Designate receiving facilities or programs within prescribed geographical areas of the state for purposes of voluntary admissions or involuntary commitments under this subchapter; and  (2) Establish ongoing mechanisms, guidelines, and rules for review and refinement of the treatment programs offered in the receiving facilities or programs for alcohol and other drug abuse throughout this state.    
 Any person who believes himself or herself to be addicted to alcohol or other drugs may apply to the administrator or his or her designee of a receiving facility or program for admission. If the administrator or his or her designee shall be satisfied after examination of the applicant that he or she is in need of treatment and will be benefited thereby, the applicant may be received and cared for in the receiving facility or program for such a period of time as the administrator or his or her designee shall deem necessary for the recovery and improvement of the person, provided that the person agrees at all times to remain in the receiving facility or program. 
 (a) If at any time the person who has voluntarily admitted himself or herself to a receiving facility or program makes a request to leave, the administrator or his or her designee may file or cause to be filed a petition for involuntary commitment.  (b) If the administrator or his or her designee determines that the person meets the criteria set forth in this subchapter for involuntary commitment and that release would place the person in imminent danger of death or serious bodily harm, the administrator or his or her designee shall file or cause to be filed a petition for involuntary commitment and shall append thereto a request for continued detention.  (c) The request for continued detention shall be verified and shall:  (1) State with particularity the facts personally known to the affiant which establish reasonable cause to believe the person is in imminent danger of death or serious bodily harm;  (2) Identify the receiving facility or program in which the person is being detained; and  (3) Contain a specific prayer that the person be involuntarily committed and that detention be continued.    (d)  (1) The person shall be considered to be held by detention pending judicial determination of the petition for involuntary commitment and continued detention. Any person detained pending judicial determination shall, within two (2) hours of his or her request to leave the receiving facility, be provided with a copy of the petition for involuntary commitment and request for continued detention.  (2) The person shall be presented with an acknowledgment of receipt of the petition for involuntary commitment and request for continued detention. If the person refuses to sign the acknowledgment, this refusal shall be noted on the person's chart and shall be attested by two (2) eyewitnesses on a second document. An original of said attestation shall be furnished to the court. Either a signed acknowledgment or completed attestation shall be sufficient to prove personal service of the petition.    (e) The petition shall be filed and presented to a circuit judge on or before 5:00 p.m. the next day, exclusive of weekends and holidays, after the person makes a request to leave the receiving facility or program. Thereupon, the judge shall review the petition and request for continued detention and determine whether there is reasonable cause to believe the person meets the criteria set forth in this subchapter for involuntary commitment and whether release would place the person in immediate danger of death or serious bodily harm.  (f) If the judge determines that there is reasonable cause to believe that the person meets the criteria set forth in this subchapter for involuntary commitment and that release would place the person in immediate danger of death or serious bodily harm, the judge shall order continued detention pending a hearing to be scheduled and conducted pursuant to  20-64-821.  
 (a)  (1) Treatment staff shall immediately inform the prosecuting attorney of the county where the receiving facility or program is located if, in the opinion of the treatment staff, a person who voluntarily admitted himself or herself meets the criteria for involuntary commitment set forth in this subchapter and the person has absented himself or herself from the receiving facility or program.  (2) The prosecuting attorney shall initiate an involuntary commitment under this subchapter against the person.  (3)  (A) Statements made by the prosecuting attorney in furtherance of the petition shall not be deemed to be a disclosure.  (B) Statements made by the treating staff to the prosecuting attorney shall be treated as confidential, and the prosecuting attorney shall remain subject to the confidentiality requirements as set forth in state and federal law, rules, and regulations.      (b) If any person shall, during a period of involuntary commitment, absent himself or herself from the receiving facility or program without leave, he or she may be returned by receiving facility or program security personnel or law enforcement officers without further proceedings. The circuit courts of this state are hereby authorized to enter such orders as may be necessary to effect the return.  
 (a) Any person having any reason to believe that a person is homicidal, suicidal, or gravely disabled may file a petition with the clerk of the circuit court of the county in which the person alleged to be addicted to alcohol or other drugs resides or is detained and be represented by the prosecuting attorney or by any other licensed attorney within the State of Arkansas.  (b) The petition for involuntary commitment shall:  (1) State whether the person is believed to be homicidal, suicidal, or gravely disabled;  (2) Describe the conduct, signs, and symptoms upon which the petition is based. The descriptions shall be limited to facts within the petitioner's personal knowledge;  (3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and  (4) Contain a specific prayer for commitment of the person to an appropriate designated receiving facility or program, including residential inpatient or outpatient treatment for his or her addiction to alcohol or other drugs.    (c) Personal service of the petition shall be made in accordance with the Arkansas Rules of Civil Procedure and shall include:  (1) A notice of the date, time, and place of hearing; and  (2) A notice that if the person shall fail to appear, the court shall issue an order directing a law enforcement officer to place the person in custody for the purpose of a hearing unless the court finds that the person is unable to appear by reason of physical infirmity or that the appearance would be detrimental to his or her health, well-being, or treatment.    
 (a) Any person filing a petition for involuntary commitment may append thereto a petition for immediate detention.  (b) The request for immediate detention shall be verified and shall:  (1) State with particularity facts personally known to the affiant which establish reasonable cause to believe the person is in imminent danger of death or serious bodily harm;  (2) State whether the person is currently detained in a designated receiving facility or program; and  (3) Contain a specific prayer that the person be immediately detained at a designated receiving facility or program pending a hearing.    (c) If, based on the petition for involuntary commitment and request for immediate confinement, the judge finds a reasonable cause to believe the person meets the criteria set forth in this subchapter for involuntary commitment and that the person is in imminent danger of death or serious bodily harm, the court may grant the request and order a law enforcement officer to place the person in immediate detention at a designated receiving facility or program for treatment pending a hearing to be scheduled and conducted pursuant to  20-64-821.  (d) Personal service of the petition and order of immediate detention must be made by a law enforcement officer, who shall, at the time of service, take the person into custody and immediately deliver the person to a designated receiving facility or program.  
 Every petition for involuntary commitment shall include or contain as an attachment the following statement of rights:   (1) That the person has the right to effective assistance of counsel, including the right to a court-appointed attorney;  (2) That the person and his or her attorney have the right to be present at all significant stages of the proceedings and at all hearings, except that no attorney shall be entitled to be present upon examination of the person by the treatment staff for the purpose of evaluation or treatment;  (3) That the person has the right to present evidence in his or her own behalf and cross-examine witnesses who testify against him or her;  (4) That the person has the right to remain silent; and  (5) That the person has a right to view and copy all petitions, reports, and documents contained in the court file.  
 (a) If it appears to the court that a person sought to be committed is in need of counsel, counsel shall be appointed immediately upon filing of the petition. Whenever legal counsel is appointed by the court, such court shall determine the amount of the fee, if any, to be paid the attorney so appointed and shall issue an order directing the payment. The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney and the investigation, preparation, and representation of the client at the court hearings. The court shall have the authority to appoint counsel on a pro bono basis.  (b) The quorum court of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter and upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the same shall be approved by the county quorum court and shall be paid in the same manner as other claims against the county are paid.  
 (a) In each case a hearing shall be set by the court within five (5) days, excluding weekends and holidays, of the filing of a petition for involuntary commitment, with a request for continued detention or for involuntary commitment with a request for immediate detention.  (b)  (1)  (A) A person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing may undergo a screening and assessment within twenty-four (24) hours of the immediate detention.  (B)  (i) Except as provided in subdivision (b)(1)(C) of this section, a screening and assessment shall be conducted by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.  (ii) The division shall assign contractors to conduct screenings and assessments under this subdivision (b)(1).  (iii) The division shall assume the cost of the screening and assessment.    (C)  (i) If a person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing declines a screening and assessment by a contractor with the division under subdivision (b)(1)(B) of this section, the person may undergo a screening and assessment by a qualified professional of his or her choosing within twenty-four (24) hours of the immediate detention.  (ii) The person named in the petition for involuntary commitment shall assume the cost of a screening and assessment by a qualified professional of his or her choosing.      (2)  (A) The person conducting a screening and assessment under subdivision (b)(1) of this section shall provide a copy of the results of the screening and assessment to the person named in the petition for involuntary commitment and the prosecuting attorney.  (B)  (i) The prosecuting attorney may provide a copy to the court.  (ii) The court may consider the contents of the screening and assessment as part of its determination of whether the standards for involuntary commitment apply to the person.        (c) The person named in the original petition may be removed from the presence of the court upon finding that his or her conduct before the court is so disruptive that proceedings cannot be reasonably continued with him or her present.  (d) The petitioner shall appear before the circuit judge to substantiate the petition. The court shall make a determination based upon clear and convincing evidence that the standards for involuntary commitment apply to the person. If such a determination is made, the person shall be remanded to a designated agent of the division or the designated receiving facility or program for treatment for a period of up to twenty-one (21) days.  (e) Every person remanded for treatment shall have a treatment plan within twenty-four (24) hours of detention.  (f) A copy of the court order committing the person to the designated receiving facility or program for treatment shall be forwarded to the designated receiving facility or program within five (5) working days.  
 The pleadings in each case shall be deemed to conform to the proof. The court is hereby authorized to enter orders of involuntary commitment pursuant to  20-47-201 et seq., conforming thereto. 
 The petition may be filed by the local prosecuting attorney, an attorney representing the petitioner, or pro se. The county shall establish an indigency fund to permit the petitioner to request a court-appointed attorney by filing an affidavit of indigency. The attorney may be allowed a fee of up to one hundred fifty dollars ($150). Should the circuit court designate a circuit judge in Pulaski County to hear petitions filed for additional periods of commitment pursuant to this subchapter, the Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the judge, provided that the hearing is held on the grounds of the Arkansas State Hospital. The representation shall be a part of the official duties of the Prosecutor Coordinator. However, nothing in this section shall prevent the petitioner from retaining his or her own counsel. Thereupon, the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner. 
 (a) An additional forty-five-day commitment order may be requested if in the opinion of the treatment staff a person remains suicidal, homicidal, or gravely disabled.  (b)  (1)  (A) Any request for periods of additional commitment pursuant to this section shall be made by a petition verified by the receiving facility or program treatment staff.  (B) The petition shall set forth facts and circumstances forming the basis for the request.    (2) Upon the filing of the petition for additional commitment, all rights enumerated in  20-64-817 shall be applicable.    (c)  (1)  (A) A hearing on the petition for additional commitment pursuant to this section shall be held before the expiration of the period of confinement.  (B) The hearing may be held in a receiving facility or program where the person is detained or residing.    (2) A copy of the petition shall be served upon the person sought to be additionally committed, along with a copy forwarded to any attorney who may have represented or may have been appointed to represent the person at the initial hearing.    (d) All testimony shall be recorded under oath and preserved.  (e) The need for additional commitment shall be proven by clear and convincing evidence.  
 (a) At any time during detention, the person may be converted to voluntary status if the person's certified substance abuse counselor files a written statement of consent with the court. The court shall dismiss the petition immediately upon the filing of said statement.  (b) If, upon evaluation, the certified substance abuse counselor determines that the person is not addicted to alcohol or drugs or would benefit by an alternative method of treatment, the counselor shall file a copy of the evaluation with the court along with a request for amendment of the court's order of detention.  
 (a) If any person is released from detention before the expiration of the period of commitment, the court may condition the release upon the person's compliance with outpatient treatment for the time not to exceed the duration of the commitment order and at the receiving facility or program as may be specified by the court.  (b) When in the opinion of the professional person in charge of the receiving facility or program providing involuntary treatment under this chapter, the committed patient can be appropriately served by less restrictive treatment before expiration of the period of commitment, then the less restrictive care may be provided.  
 All commitment orders authorized herein shall be considered final and appealable under Rule 2 of the Arkansas Rules of Appellate Procedure  Civil. 
 No person admitted voluntarily or committed involuntarily to a receiving facility or program under this subchapter shall be considered incompetent per se by virtue of the admission or commitment. 
 Any person willfully making false statements on a petition for involuntary commitment, petition for involuntary commitment with request for continued detention, or petition for involuntary commitment with request for immediate detention, or who willfully makes false statements for the purpose of inducing another to bring such a petition, knowing the statements to be false, or with reckless disregard as to the truthfulness of the statements shall be guilty of a Class A misdemeanor. 
 (a)  (1) Any person legally obligated to support a person in treatment from a receiving facility or program shall pay to the receiving facility or program an amount to be fixed by the receiving facility or program as the cost for treatment.  (2) The amounts shall be a debt of the obligor.    (b)  (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules specifying the amounts to be fixed as costs and establishing procedures for implementation of this section.  (2) The rules shall set forth costs by reference to the income and assets of the obligor.    
 The purpose of this subchapter is to require all persons, partnerships, associations, or corporations holding themselves out to the public as alcohol and drug abuse treatment programs in the State of Arkansas to meet the licensure standards set by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, unless expressly exempted by this subchapter. 
 An alcohol and drug abuse treatment program means a program that renders or offers to render to a person or group of persons any service that assists the person or group to develop an understanding of alcoholism and drug dependency problems and to define goals and plan courses of action reflecting the person's or group's interests, abilities, and needs as affected by alcoholism and drug dependency problems. The definition includes actions taken with the intent of the cessation of harmful or addictive use of alcohol or other drugs. It includes, but is not restricted to, one (1) or more of the following:   (1) Counseling with individuals, families, or groups;  (2) Helping persons or families obtain other services appropriate to alcoholism and drug abuse rehabilitation; and  (3) Engaging in alcoholism and drug abuse research, education, or prevention through the administration of alcoholism and drug abuse counseling.  
 (a)  (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt rules for the licensure of alcohol and drug abuse treatment programs in Arkansas.  (2) All persons, partnerships, associations, or corporations establishing, conducting, managing, or operating and holding themselves out to the public as alcohol abuse, drug abuse, or alcohol and drug abuse treatment programs shall be licensed by the division unless expressly exempted under this subchapter.  (3) No person, partnership, association, or corporation will be allowed to receive federal or state funds for treatment services until it has received a license.    (b) The following programs and persons are exempted from the requirements of this subchapter:  (1) Acute care, hospital-based alcohol and drug abuse treatment programs governed by  20-9-201 and 20-10-213;  (2) Members of the clergy, Christian Science practitioners, and licensed professionals working within the standards of their respective professions, including without limitation:  (A) Attorneys;  (B) Counselors;  (C) Nurses;  (D) Physicians;  (E) Psychological examiners;  (F) Psychologists;  (G) School counselors; and  (H) Social workers;    (3) Treatment directly administered by the United States Department of Defense or any other federal agency; and  (4) Self-help or twelve-step programs such as Alcoholics Anonymous, Cocaine Anonymous, Narcotics Anonymous, Al-Anon, or Nar-Anon Family Groups.    (c)  (1) The division shall license programs, other than methadone programs, that possess current unrestricted alcohol and drug abuse treatment program accreditation from the CARF International or the Council on Accreditation if the programs comply with the following license standards:  (A) Clinical supervision;  (B) Health and safety;  (C) Physical plant;  (D) Progress note development;  (E) Treatment plan development; and  (F) Treatment plan review.    (2)  (A) This subsection does not apply to methadone treatment programs operating in the State of Arkansas.  (B) All methadone treatment programs shall be licensed by the division.      
 (a)  (1) A person who immediately before July 28, 1995, was accredited to establish, conduct, manage, or operate an alcohol and drug abuse treatment program under former  20-64-901 et seq., shall be issued a license under this subchapter without a fee.  (2) The license shall be subject to be renewed at the time that the accreditation would have been due for renewal.    (b)  (1) Any person or program desiring to be licensed as an alcohol and drug abuse treatment program shall make application to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services on forms prescribed by the division and shall furnish the application information required by the division.  (2)  (A) Each application for licensure shall be accompanied by a nonrefundable license fee of seventy-five dollars ($75.00).  (B) An additional fee will be paid by the entity seeking licensure at the end of the licensure review process for costs of the licensure review.      
 (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.  
 (a) All application fees and accreditation costs will be paid to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.  (b) The division shall transfer the money to the State Treasury, and the money shall be specially designated for transfer to the Public Health Fund to cover maintenance and operation expenses incurred by the accreditation review process.  
 (a) All persons, partnerships, associations, or corporations operating alcohol and drug abuse treatment programs in the State of Arkansas, whether licensed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or expressly exempted from licensure, shall be required to furnish such information at such times and in such form as may be required by the division.  (b) The division shall promulgate rules and prescribe forms for the implementation of this section.  
 (a) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the power and authority to hear appeals regarding decisions by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services not to license an alcohol, drug, or alcohol and drug abuse treatment program under this subchapter.  (b) All hearings and proceedings under this section shall be conducted in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq.  
 (a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any alcohol, drug, or alcohol and drug abuse treatment program within the meaning of this subchapter without first obtaining licensure shall be guilty of a Class A misdemeanor and upon conviction shall be liable to a fine imposed pursuant to a Class A misdemeanor.  (b) Each day that an alcohol and drug abuse treatment program shall operate after a first conviction shall be considered a Class D felony and upon conviction shall be liable to a fine imposed pursuant to a Class D felony.  
 As used in this chapter:   (1) Assessment services means an evaluation to determine the abilities, talents, proficiencies, and deficiencies of applicants and recipients with regard to the ability of the individual to move into employment;  (2) Date of enrollment means the date that an applicant is approved as eligible for the Transitional Employment Assistance Program;  (3) Diversion from assistance means a one-time loan of money or the furnishing of nonmonetary assistance to an applicant who is eligible for but does not require enrollment in the Transitional Employment Assistance Program;  (4) Education or training means basic remedial education, adult education, high school education, education to obtain the equivalent of a high school diploma, education to learn English as a second language, applied technology training, and postsecondary education and training;  (5) Employment assistance means financial assistance, child care, assistance to secure full-time employment, assistance in obtaining education and training that leads to full-time employment, case management services, and other services designed to assist recipients in achieving self-sufficiency through employment;  (6) Extended support services means assistance to a recipient who has obtained employment under the Transitional Employment Assistance Program, which may include, but is not limited to, child care and medical assistance;  (7) Full-time education or training means education or training on a full-time basis as defined by the Department of Human Services;  (8) Medical assistance means assistance furnished pursuant to Title XIX of the Social Security Act, 42 U.S.C.  1396  1396w-5, commonly referred to as Medicaid, or a state-funded medical assistance program;  (9) Personal responsibility agreement means an agreement between the department and the recipient specifying the recipient's responsibilities that are a condition of receiving employment assistance, which may include an employment plan that describes what the recipient and the department will do to assist the recipient in achieving self-sufficiency through employment;  (10) Positive reinforcement outcome bonus means a one-time cash assistance bonus for achieving an employment plan goal;  (11) Relocation assistance means assistance to an eligible recipient who lives in an area of limited job opportunities to enable the recipient to relocate for purposes of full-time employment that the recipient has secured;  (12) Support services means child care, transportation, financial assistance, medical assistance, substance abuse treatment, life skills training, parenting skills training, and other similar assistance;  (13) Temporary Assistance for Needy Families Program means all Arkansas programs funded by federal Temporary Assistance to Needy Families block grant funds or state funds claimed as maintenance of effort under the federal Temporary Assistance for Needy Families program, including:  (A) The Transitional Employment Assistance Program;  (B) The Arkansas Work Pays Program;  (C) The Career Pathways Initiative; and  (D) The Community Investment Initiative; and    (14) Unearned income means all income that a recipient receives from sources other than employment, including child support payments, supplemental security income, supplemental security disability income, workers' compensation, and unemployment insurance.  
 (a) To ensure that all available state government resources are used to help transitional employment assistance recipients make the transition from welfare to work, each of the following state agencies and organizations shall also be required to work with the Division of Workforce Services in providing transitional employment assistance services:  (1) The Department of Human Services;  (2) The Division of Higher Education, including community colleges and the University of Arkansas Cooperative Extension Service;  (3) The Division of Elementary and Secondary Education;  (4) The Arkansas Development Finance Authority;  (5) The Arkansas Economic Development Council;  (6) The Arkansas Department of Transportation;  (7) The Department of Finance and Administration, including the Office of Child Support Enforcement;  (8) The Adult Learning Alliance, Inc.;  (9) The Adult Education Section; and  (10) Other state agencies as directed by the Governor or as directed by the General Assembly.    (b) State agencies required under subsection (a) of this section to work with the Division of Workforce Services in providing transitional employment assistance services to recipients shall make every effort to use financial resources in their respective budgets and to seek additional funding sources, whether private or federal, to supplement the moneys allocated by the Division of Workforce Services for the Transitional Employment Assistance Program.  (c) All agencies of the state and local governments providing program services shall work cooperatively with and provide any necessary assistance to the General Assembly and the Arkansas Workforce Development Board and shall furnish, in a timely manner, complete and accurate information regarding the program to legislative committees and the board upon request.  
 The Department of Human Services shall neither seek reimbursement nor charge any fees for distributing commodities furnished to the state by the United States Government. 
 (a) The Division of Workforce Services shall:  (1) Develop a statewide implementation plan for ensuring the cooperation of state agencies and local agencies and encouraging the cooperation of private entities, especially those receiving state funds, in the coordination and implementation of the Transitional Employment Assistance Program, the Arkansas Work Pays Program, and achievement of the goals; and  (2)  (A) Ensure that program recipients throughout the state, including those in rural areas, have comparable access to transitional employment assistance benefits.  (B) The statewide implementation plan shall be subject to the review and recommendation of the Arkansas Workforce Development Board.      (b) At a minimum, the transitional employment assistance implementation plan shall include:  (1) Performance standards and measurement criteria for state and county offices of the Department of Human Services, the Division of Workforce Services, and all service providers under the program;  (2) Contract guidelines for contract service providers under the program;  (3) Guidelines for training transitional employment assistance service providers, whether state employees or contract providers;  (4) Functions to be performed by each state agency in helping recipients make the transition from welfare to work;  (5) Guidelines for clarifying or, if necessary, modifying the rules of the state agencies charged with implementing the program so that all unnecessary duplication is eliminated;  (6) Guidelines for modifying compensation and incentive programs for state employees in order to achieve the performance outcomes necessary for successful implementation of the program;  (7) Guidelines for timely assessments for each participant which lead to an individual personal responsibility agreement that identifies the strengths of the participant and the barriers faced in obtaining a job and reaching self-sufficiency and the services to be provided to assist the participant in finding and keeping work and in moving toward self-sufficiency;  (8) Guidelines for timely provision of needed support services as specified in the individual personal responsibility agreement. These guidelines shall include procedures for evaluating the quality and value of assessments and the provision of support services;  (9) Guidelines governing job search requirements for transitional employment assistance applicants;  (10) Guidelines governing the provision of support services to transitional employment assistance participants and former transitional employment assistance participants to assist them in retaining employment and earning higher wages and career advancement;  (11) Guidelines governing the combining of work with education and training;  (12) Guidelines for the independent evaluation of all cases closed due to sanctions or time limits;  (13) A micro-lending program and an individual development trust account demonstration project for program recipients;  (14) Criteria for relocation of program recipients which take into account factors, including, but not limited to, job availability, availability of support services, and proximity of relocation area to current residence;  (15) Criteria for prioritizing work activities of program recipients in the event that funds are projected to be insufficient to support full-time work activities of program recipients. The criteria may include, but not be limited to, priorities based on the following:  (A) At least one (1) adult in each two-parent family shall be assigned priority for full-time work activities;  (B) Among single-parent families, a family that has older preschool children or school-age children shall be assigned priority for work activities;  (C) A recipient who has access to nonsubsidized child care may be assigned priority for work activities; and  (D) Priority may be assigned based on the amount of time remaining until the recipient reaches the applicable time limit for program participation or may be based on requirements of a personal responsibility agreement; and    (16) The development of a performance-based payment structure to be used for all program services which takes into account the degree of difficulty associated with placing a program recipient in a job, the quality of placement with regard to salary, benefits, and opportunities for advancement, and the recipient's retention of the placement. The payment structure should provide, if appropriate, bonus payments to providers that experience notable success in achieving long-term job retention with program recipients.    (c)  (1)  (A) The division shall prepare a comprehensive annual program report.  (B) The report shall be subject to review and recommendation by the board.    (2) The division shall submit the comprehensive annual program report to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor.  (3) The comprehensive annual program report shall contain proposals for measuring and making progress toward the transitional employment assistance outcomes during the succeeding three-year period.  (4) The comprehensive annual program report to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor shall include all information that the board deems necessary for determining progress in achieving the outcomes.  (5) Information shall be provided for the state, each employment opportunity district, and each county.  (6) The report shall also include all information requested by resolution of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.  (7) This report shall include a copy of all federal monthly, quarterly, and annual reports submitted by the Department of Human Services regarding the Temporary Assistance for Needy Families Program.    (d) The House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor shall report annually to the General Assembly their findings and recommendations regarding the program.  
 The Division of Workforce Services, as appropriate, should provide work activities, training, and other services through contracts. In contracting for work activities, training, or services, the following apply:   (1)  (A) A contract shall be performance-based.  (B) Whenever possible, payment shall be tied to performance outcomes that include factors such as, but not limited to, job entry, job entry at a target wage, and job retention, rather than tied to completion of training or education or any other phase of the program participation process;    (2)  (A) A contract may include performance-based incentive payments that may vary according to the extent to which the recipient is more difficult to place.  (B)  (i) Contract payments may be weighted proportionally to reflect the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment.  (ii) The factors may include the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other factors determined appropriate by the division;      (3) Each contract awarded under the Transitional Employment Assistance Program shall be awarded in accordance with state procurement and contract laws; and  (4)  (A) The division may contract with commercial, charitable, or faith-based organizations.  (B) A contract must comply with federal requirements with respect to nondiscrimination and other requirements that safeguard the rights of participants.  (C) Services may be provided under contract, certificate, voucher, or other form of disbursement.    
 (a) The Human Services Workers in the Schools Program is established as a collaborative effort among the Division of Children and Family Services, the Arkansas Workforce Development Board, the Division of Elementary and Secondary Education, and local school districts. The Human Services Workers in the Schools Program is designed to help children and families by:  (1) Promoting safety of children and strengthening of families;  (2) Supporting the community's capacity to produce children who are healthy, children who are in supportive, nurturing, and healthy families, and children who succeed in school; and  (3) Promoting the Division of Children and Family Services' family preservation philosophy and family-centered practice.    (b) Upon approval of the board, the Division of Children and Family Services shall enter into contracts with local school districts to provide funding for the maximum number of human services workers.  (c) A human services worker shall have a bachelor's degree or a master's degree in social work or a related field and shall provide the following services according to skills and training:  (1) Crisis intervention;  (2) School conferences and in-service training;  (3) Home visits;  (4) Transportation for family and student group counseling;  (5) Parent training and activities;  (6) Supportive service referrals;  (7) Individualized coping and conflict management skills; and  (8) Assessment of family and student needs.    (d)  (1) Funding for human services workers shall be targeted to schools with eighty percent (80%) or more of their children eligible for the Free and Reduced Lunch Program under the National School Lunch Act, 42 U.S.C.  1751 et seq.  (2) The Division of Elementary and Secondary Education and the Division of Children and Family Services shall develop criteria to prioritize eligibility for the Human Services Workers in the Schools Program.    (e) The Coordinated Health Services Section of the Division of Elementary and Secondary Education shall evaluate the Human Services Workers in the Schools Program annually in coordination with the Division of Children and Family Services, the board, and the local school districts that hold contracts.  (f) A parent or a student has the option to refuse any services recommended under the Human Services Workers in the Schools Program.  
 (a) The administration of the Transitional Employment Assistance Program and the Arkansas Work Pays Program shall focus on promoting the following Transitional Employment Assistance Program outcomes for Transitional Employment Assistance Program recipients and poor families in Arkansas:  (1) Increase the percentage of families who receive appropriate services to move off of Transitional Employment Assistance Program cash assistance into employment and toward self-sufficiency;  (2) Increase the percentage of families who leave Transitional Employment Assistance Program cash assistance due to earnings from work;  (3) Increase earnings of families who leave Transitional Employment Assistance Program cash assistance;  (4) Increase the percentage of parents leaving Transitional Employment Assistance Program cash assistance who stay employed; and  (5) Increase the percentage of former Transitional Employment Assistance Program cash assistance recipients who move out of poverty, including the value of food stamps and the federal Earned Income Tax Credit and child support.    (b) The Division of Workforce Services shall develop and maintain the indicators for the Transitional Employment Assistance Program outcomes listed in subdivisions (a)(1)-(5) of this section, subject to review and approval by the Arkansas Workforce Development Board.  (c)  (1) The division shall develop proper targets for each Transitional Employment Assistance Program outcome by July 1 of each year, subject to review and approval by the board.  (2) The division shall review and report on progress in achieving the targets in the comprehensive annual program report.  (3)  (A) On the forty-fifth day after the end of the federal fiscal year, the report shall be submitted to the Governor and to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor.  (B) The report shall include comments from the Department of Human Services, the division, and other relevant state agencies about their activities and their progress toward the Transitional Employment Assistance Program outcome targets.      
 The Department of Human Services shall not seek, apply for, accept, or renew any waiver or demonstration project under 7 U.S.C.  2015(o) that relaxes or reduces the codified Supplemental Nutrition Assistance Program requirement to work. 
 (a) Unless required by federal law:  (1) The resource limit standards of the Supplemental Nutrition Assistance Program shall not exceed the standards specified in 7 U.S.C.  2014(g)(1); and  (2) Categorical eligibility that exempts households from the federal resource limit standards shall not be granted for any noncash, in-kind, or other benefit.    (b) Unless required by federal law, the Department of Human Services shall not:  (1) Apply gross income standards for food assistance higher than the standards specified in 7 U.S.C.  2014(c); or  (2) Grant categorical eligibility that exempts households from the gross income standard under subdivision (b)(1) of this section for any noncash, in-kind, or other benefit.    
 (a) To the extent possible, the Department of Human Services shall:  (1) Support and participate in viable programs such as the Double Up Food Bucks Incentive Program along with Healthy Active Arkansas partners that offer incentives for healthy food purchases by recipients of Supplemental Nutrition Assistance Program benefits; and  (2) Authorize targeted nutrition education programming at locations operated by Healthy Active Arkansas partners that are authorized in the targeted nutrition education programming plan of operations.    (b) To increase the success of the targeted nutrition education program, the department shall authorize nutrition education programs that are made available through private grants to be offered in targeted areas.  (c) The department may authorize:  (1) The Arkansas Hunger Relief Alliance in cooperation with the Arkansas Coalition for Obesity Prevention as part of the Governor's Healthy Active Arkansas framework to offer targeted nutrition education programs; and  (2) Other entities providing private funds in cooperation with the department and the Arkansas Coalition for Obesity Prevention as part of the Healthy Active Arkansas framework to offer targeted nutrition education programs.    
 The Department of Human Services shall require a custodial parent or noncustodial parent to cooperate with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration as a condition of eligibility for the Supplemental Nutrition Assistance Program as authorized under 7 C.F.R.  273.11, as it existed on January 1, 2019. 
 The Department of Human Services shall:   (1) Administer assigned forms of public assistance, supervise agencies and institutions caring for dependent or aged adults or adults with mental or physical disabilities, and administer other welfare activities or services that may be vested in it;  (2) Administer or supervise all child welfare activities in accordance with the rules of the Department of Human Services, including:  (A) The licensing and supervision of private and public childcare agencies and institutions;  (B) The care of dependent, neglected, and delinquent children and children with mental or physical disabilities in foster family homes or in institutions; and  (C) The care and supervision of children placed for adoption;    (3) Enter into reciprocal agreements with public welfare agencies in other states relative to the provisions of relief and assistance to transients and nonresidents and cooperate with other state departments and with the United States Government in studying labor, health, and public assistance problems involved in transiency;  (4) Administer and make effective the rules governing personnel administration, including the preparation and administration of classification and compensation plans and the method of selection for positions in the Department of Human Services:  (A) Develop performance standards and bonus awards for all positions in the program focused on achieving the outcomes; and  (B) Remove or transfer employees from the program to other responsibilities within the Department of Human Services if they do not meet performance standards;    (5) Carry on research and compile statistics relative to public welfare programs throughout the state, including all phases of dependency, defectiveness, delinquency, and related problems and develop plans in cooperation with other public and private agencies for the prevention as well as the treatment of conditions giving rise to public welfare problems;  (6) Assist other departments, agencies, and institutions of the state and federal governments, when so requested, by performing services in conformity with the purposes of this chapter;  (7) Cooperate with the United States Government in matters of mutual concern pertaining to federally funded programs within the Department of Human Services' purview;  (8) Make reports in the form and containing the information as the United States Government from time to time may require and comply with provisions as the United States Government from time to time may find necessary to assure the correctness and veracity of the reports;  (9) Allocate funds for the purposes and in accordance with the provisions of this chapter and rules as may be prescribed by the Department of Human Services and subject to review and recommendation by the Arkansas Workforce Development Board;  (10) Establish standards of eligibility for assistance developed by the Department of Human Services and subject to review and recommendation by the board;  (11) Receive, administer, disburse, dispose, and account for funds, commodities, equipment, supplies, and any kind of property given, granted, loaned, or advanced to the State of Arkansas for public assistance, public welfare, Social Security, or any other similar purposes;  (12) Make rules and take actions as are necessary or desirable to carry out the provisions of this chapter and that are not inconsistent therewith;  (13) Solicit participation of private organizations, nonprofit organizations, charitable organizations, and institutions of education in the delivery of services and in the enactment and revision of rules;  (14) Employ attorneys to represent the interests of the Department of Human Services; and  (15) Develop and implement automated statewide benefit delivery and information systems to achieve the purposes of this chapter.  
 (a)  (1) It is found and determined that the continued operations of the Department of Human Services, through its appropriate divisions, in accordance with the approved annual operations plan, are from time to time seriously impaired by either administrative oversights and delays by the Office of Grants Management of the United States Department of Health and Human Services or by the processes of federal fiscal year conversion.  (2) It is further found and determined that the delays in the proper preparation and transmittal of federal grant award authorizations and letter of credit instruments have created unnecessary hardships on the providers of services and the needy citizens of this state.    (b)  (1) Therefore, upon certification of the pending availability of federal funding by the disbursing officer of the appropriate division of the Department of Human Services, the Chief Fiscal Officer of the State may grant temporary advances.  (2) The Chief Fiscal Officer of the State shall recover within a period of twenty (20) days the temporary advances upon receipt of the grant award authorizations or letter of credit instruments.    (c) No person in the State of Arkansas shall be excluded from participation in or be subjected to discrimination under any program or activity enumerated in this section on the ground of race, color, sex, disability, religion, or national origin.  
 (a) The appropriate division of the Department of Human Services shall have authority to receive, disburse, and account for funds from the division, county, state, or any other source for purposes and plans approved by the division in accordance with the rules established by the division.  (b) The appropriate division is empowered to receive and disburse funds received from the department for general relief purposes. The funds shall be spent and accounted for by the county offices in accordance with the rules and policies of the department pertaining to the granting of assistance and relief.  (c) The appropriate division is authorized to establish a county welfare fund from which fund the county offices are authorized to make such disbursements and expenditures for general relief as may be necessary to carry out the purposes of this act and in accordance with the rules of the department.  
 (a)  (1) No officer or employee of the appropriate division of the Department of Human Services or of a county office shall use his or her official authority to influence or permit the use of the program administered by the division or the county offices for the purpose of interfering with an election or affecting the results thereof or for any political purpose.  (2) No officer or employee shall devote his or her office hours, or efforts during office hours, towards any partisan political activity, nor shall any activity be conducted upon the premises of the employee or officer's agency, commission, or board.  (3) Furthermore, no communication, vehicles, stationery, or other material property of the State of Arkansas shall be utilized for any partisan political activities by the officers or employees.  (4) No officer or employee shall conduct himself or herself in such a manner during allowable political activity so as to reflect that his or her position is that of the State of Arkansas, or his or her agency, commission, or board.    (b)  (1) Except as noted otherwise in this section or as necessary to meet the requirements of federal law as pertains to employees, no restrictions shall be imposed upon the political freedoms of an officer or employee.  (2) No officer or employee shall be deprived either of his or her right to vote or expression of opinion as a citizen on political subjects.    (c)  (1) No officer or employee shall solicit or receive directly or indirectly any political funds or contributions from other officers or employees of that agency; nor shall any officer or employee be obliged to contribute or render services, assistance, subscriptions, assessments, or contributions for any political purposes.  (2) However, during nonduty hours and away from state premises, an officer or employee may communicate through the mails requests for political support from the public at large which may include officers and employees of the agency.    (d) Any officer or employee of the division or of a county office violating this provision shall be subject to discharge or suspension or such other disciplinary measures as may be provided by the rules of the division.  
 (a) It is hereby found and determined by the Seventy-Seventh General Assembly that regional offices tend to create inefficiency in the operation of the programs and services provided by the Department of Human Services.  (b) Therefore, no office of the Department of Human Services shall be called a regional office, nor shall any function of any office, other than the Department of Human Services Central Office, include supervision of any district department office.  
 (a) The appropriate division of the Department of Human Services is authorized to pay the employer's portion of contributions and withholdings required by the federal and state income tax laws, the Federal Insurance Contributions Law, the Workers' Compensation Law,  11-9-101 et seq., and the Division of Workforce Services Law,  11-10-101 et seq., in all cases wherein the recipient has been determined to be the employer of the provider and, as such, required to withhold an amount from the employee's wage and contribute an amount based upon the wages under the provisions of the above enumerated acts.  (b) The appropriate division shall report, pay, or contribute the amounts from the appropriation for paying grants under the program concerned.  
 (a) The appropriate division of the Department of Human Services is authorized to pay the employer's portion of contributions and withholdings required by the federal and state income tax laws, the Federal Insurance Contributions Act, the Workers' Compensation Law,  11-9-101 et seq., and the Division of Workforce Services Law,  11-10-101 et seq., in all cases wherein the homemaker and home health aid trainee is participating in the subsidized employment project to prevent premature nursing home care.  (b) The appropriate division shall report, pay, or contribute the amounts from the appropriation for paying grants under this project.  (c) Beneficiaries or trainees under this program shall not be eligible to participate in the Arkansas Public Employees' Retirement System but shall be entitled to receive sick and vacation leave as provided for state employees.  
 (a) The Secretary's office of the Department of Human Services shall establish and maintain as a cash fund account the Client Specific Emergency Services Revolving Fund Paying Account consisting of federal grants, aids, cash donations, reimbursements, and state general revenue, not to exceed a daily balance of ten thousand dollars ($10,000), for delivery of immediate care, short-term services, or emergency services to eligible clients.  (b) The account shall be established and maintained in accordance with procedures established by the Chief Fiscal Officer of the State for cash funds and shall be administered under the direction of the Secretary of the Department of Human Services.  
 Notwithstanding any other provision in federal law or departmental commitment which may exist to the contrary, the Department of Human Services shall not increase any reimbursement rate to any provider or provider groups supported in whole or in part by funds administered by the department, nor shall it adopt any other rule or amendment to the Arkansas Medicaid Program that would result in an obligation of the general revenues of the state without first seeking and receiving the approval of the Governor and the Chief Fiscal Officer of the State. 
 The Division of Medical Services of the Department of Human Services shall establish a program utilizing an electronic benefit transfer system for the distribution and redemption of food stamps, whereby food stamp recipients will no longer use paper coupons to participate in the federal food stamp program. 
 (a) The Department of Human Services is authorized to pay the employer's portion of contributions and withholdings required by the federal and state income tax laws, the Federal Insurance Contributions Act, the Workers' Compensation Law,  11-9-101 et seq., the Division of Workforce Services Law,  11-10-101 et seq., and private medical insurance premiums for eligible individuals where that is necessary to achieve employment assistance.  (b)  (1) Transitional employment assistance recipients shall not be deemed to be state employees solely as a consequence of receiving transitional employment assistance benefits and shall not be eligible to participate in the Arkansas Public Employees' Retirement System solely as a consequence of receiving transitional employment assistance benefits.  (2) Transitional employment assistance recipients who are employed by the state shall be eligible for the same benefits as an employee who performs similar work and is not a transitional employment assistance recipient.    
 A.C.R.C. Notes. Former  20-76-215, regarding Administrative Services and the Client Specific Emergency Services Revolving Fund Paying Account, was identical to  20-76-211 and has been deleted at the direction of the Arkansas Code Revision Commission. The section was derived from Acts 1997, No. 1360,  66. 
 There is created and established at the seat of government of this state a department of state to be designated and known as the State Department for Social Security Administration Disability Determination. 
 (a) The executive head of the State Department for Social Security Administration Disability Determination is designated as the director.  (b) The Director of the State Department for Social Security Administration Disability Determination shall be a resident elector of this state at least thirty (30) years of age, of good moral character, and of demonstrated ability in the field of his or her employment.  (c) The director shall be appointed by and serve at the pleasure of the Governor.  (d) Before entering upon his or her duties of employment, the director shall take, subscribe, and file in the office of the Secretary of State an oath or affirmation to support the United States Constitution and the Arkansas Constitution and to faithfully discharge the duties of employment upon which he or she is about to enter.  (e) The director shall furnish bond with a corporate surety thereon to the State of Arkansas in the penal sum of twenty-five thousand dollars ($25,000) conditioned upon the faithful performance of his or her duties and for the proper accounting of all funds received and disbursed by him or her. The original of the bond shall be filed in the office of the Secretary of State, and an executed counterpart of the surety bond shall be filed in the office of the Auditor of State.  (f) The director shall be disbursing agent for the department but shall not be required to furnish additional bond as the disbursing agent.  (g) Other employees of the department required by the director to do so shall furnish and file bonds, conditioned as above, or fidelity bonds with the director. These bonds shall be in such penal sums as shall be determined by the director.  (h) The premiums on all such bonds shall be paid from appropriations made available to the department.  
 It shall be the function, power, and duty of the State Department for Social Security Administration Disability Determination, or the Director of the State Department for Social Security Administration Disability Determination:   (1) To enter into agreements with the United States Department of Health and Human Services and the United States Secretary of Health and Human Services whereby the State Department for Social Security Administration Disability Determination, with respect to all individuals in this state, or with respect to such classes of individuals in this state as may be designated in the agreement, will, in the case of any individual, determine whether or not he or she is under a disability and of the day the disability began and of the day on which the disability ceased. For the purposes hereof, the term disability shall be as defined in any agreement or by applicable law;  (2) To accept and deposit into the State Treasury any funds from whatever source received and to withdraw therefrom such funds as may be required to carry out its functions, powers, and duties and, with respect thereto, to comply fully with the General Accounting and Budgetary Procedures Law,  19-4-101 et seq., and the Arkansas Procurement Law,  19-11-201 et seq., and, where more restrictive, with the terms of any agreement entered into with the secretary in relation to the use of any funds made available to the State Department for Social Security Administration Disability Determination by the United States, or by any department or agency thereof. However, the State Department for Social Security Administration Disability Determination shall not have the authority to commit this state, either directly or indirectly, to the expenditure of any state funds in the absence of specific authority granted by the General Assembly; and  (3) To take such other action, not inconsistent with law, as shall be necessary or desirable to carry out effectively the purposes and intent of this subchapter.  
 (a) Any executory contract or agreement, or applicable part thereof, entered into by and between this state, or any officer or agency thereof, and the United States, or any officer or agency thereof, in relation to the subject matter of this subchapter is validated, ratified, and confirmed in all respects. However, on and after October 10, 1961, the State Department for Social Security Administration Disability Determination shall be substituted for the state agency named in any contract or agreement in relation to the subject matter of this subchapter.  (b) However, nothing contained in this section shall be construed as an abridgement of the right of the department, or of the Director of the State Department for Social Security Administration Disability Determination, to enter into a new agreement to succeed to any executory contract or agreement in relation to the subject matter of this subchapter.  
 There is created and established in the State Treasury a fund to be designated and known as the Federal Disability Determination Fund, and all moneys received for these purposes shall be deposited into the fund. 
 (a) The Director of the State Department for Social Security Administration Disability Determination or the counsel for the State Department for Social Security Administration Disability Determination is authorized to require the attendance of witnesses and the production of books, records, or other documents through the issuance of subpoenas when the testimony or information is necessary to adequately present the position of the State Department for Social Security Administration Disability Determination when making fair hearing determinations or conducting investigations relating to public assistance benefits.  (b) Subpoenas issued pursuant to the authority of the director shall be substantially in the following form:    The State of Arkansas to the Sheriff of County: You are commanded to subpoena (name), (address) to appear at on (date) at (time), and testify and/or produce the following documents, to wit: in a matter of (style of proceeding). WITNESS my hand on (date). (Signature of director or agency counsel).   Click to view form. 
 (a)  (1) The Transitional Employment Assistance Program is created.  (2)  (A) The Transitional Employment Assistance Program shall be administered by the Department of Human Services and the Division of Workforce Services.  (B) Subject to the order of the Governor, the division may take full authority for administering the Transitional Employment Assistance Program.  (C) The division may contract with the department for administrative services.    (3) The division may operate a separate Transitional Employment Assistance Program Two-Parent Program funded by state funds not claimed for the federal Temporary Assistance for Needy Families program maintenance of effort requirement if the Director of the Division of Workforce Services deems such action necessary to avoid the risk of not meeting the two-parent work participation rate.    (b) Eligibility for transitional employment assistance is limited to applicants for or recipients of assistance who:  (1) Are income and resource eligible; and  (2) Sign and comply with a personal responsibility agreement.    (c) The department shall promulgate rules to determine resource eligibility and benefit levels for participating families. The rules shall be subject to review and recommendation by the Arkansas Workforce Development Board and shall include, but not be limited to, the following categories of income and resource disregards:  (1) To reward work, earned income from sources other than transitional employment assistance;  (2) A certain percentage of a family's gross monthly income;  (3) The family's homestead;  (4) An operable motor vehicle per family;  (5) Household and personal goods;  (6) Income-producing property;  (7) Moneys deposited into an approved individual development account or approved escrow account for business or career development;  (8) Any other property or resource specified in the transitional employment assistance implementation plan which is determined to be cost efficient to exclude or which must be excluded due to federal or state law; and  (9) Any investment earmarked for retirement or education, such as a retirement plan authorized by section 401(k) or section 529 of the Internal Revenue Code of 1986, as it existed on January 1, 2007.    (d) Any person who makes an application for assistance shall have the burden of proving eligibility for the assistance.  
 (a) The Division of Workforce Services shall develop and describe categories of approved work activities for transitional employment assistance recipients in accordance with this section. The rules shall be subject to review and recommendation by the Arkansas Workforce Development Board. Approved work activities may include unsubsidized employment, subsidized private sector employment, subsidized public sector employment, education or training, vocational educational training, skills training, job search and job readiness assistance, on-the-job training, micro enterprise, community service, and work experience. For purposes of this section:  (1) Unsubsidized employment is full-time employment or part-time employment that is not directly supplemented by federal or state funds;  (2)  (A) Subsidized private sector employment is employment in a private for-profit enterprise or a private not-for-profit enterprise which is directly supplemented by federal or state funds. A program recipient in subsidized private sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the division which may include, but not be limited to, provisions addressing any of the following:  (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment;  (ii) Durational requirements for the employer to retain the recipient in employment;  (iii) Training to be provided to the recipient by the employer;  (iv) Contributions, if any, made to the recipient's individual development account; and  (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the division shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors.    (B) The division may require an employer to repay some or all of a subsidy or incentive previously paid to an employer under the program unless the recipient is terminated for cause;    (3)  (A) Subsidized public sector employment is employment by an agency of the federal, state, or local government which is directly supplemented by federal or state funds. A program recipient in subsidized public sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the division that may include, but not be limited to, provisions addressing any of the following:  (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment;  (ii) Durational requirements for the employer to retain the recipient in employment;  (iii) Training to be provided to the recipient by the employer;  (iv) Contributions, if any, made to the recipient's individual development account; and  (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the division shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors.    (B) The division may require an employer to repay some or all of a subsidy and incentive previously paid to an employer under the program unless the recipient is terminated for cause;    (4) Work experience is job-training experience at a supervised public or private not-for-profit agency or organization or with a private for-profit employer which is linked to education or training and substantially enhances a recipient's employability. Work experience may include work study, training-related practicums, and internships;  (5) Job search assistance may include supervised or unsupervised job-seeking activities. Job readiness assistance provides support for job-seeking activities, which may include:  (A) Orientation in the world of work and basic job-seeking and job-retention skills;  (B) Instruction in completing an application for employment and writing a resume;  (C) Instruction in conducting oneself during a job interview, including appropriate dress;  (D) Providing a recipient with access to an employment resource center that contains job listings, telephones, facsimile machines, typewriters, and word processors; and  (E) Preparation to seek or obtain employment, including life skills and literacy training, and substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable;    (6) Education includes elementary and secondary education, education to obtain the equivalent of a high school diploma, and education to learn English as a second language. In consultation with adult education or rehabilitative services, a person with a high school diploma or the equivalent who tests at less than a working functioning level shall be eligible to participate in basic remedial or adult education. If an individual does not have a high school diploma or equivalency, education also includes basic remedial education and adult education;  (7) Vocational educational training is postsecondary education, including, at least, programs at two-year or four-year colleges, universities, technical institutes, and vocational schools or training in a field directly related to a specific occupation;  (8) Job skills training directly related to employment provides job skills training in a specific occupation. Job skills training may include customized training designed to meet the needs of a specific employer or a specific industry;  (9) On-the-job training means training and work experience at a public or private not-for-profit agency or organization or with a private for-profit employer which provides an opportunity to obtain training and job supervision and provides employment upon satisfactory completion of training;  (10) School attendance at a high school or attendance at a program designed to prepare the recipient to receive a high school equivalency diploma is a required program activity for each recipient eighteen (18) years of age or younger who:  (A) Has not completed high school or obtained a high school equivalency diploma;  (B) Is a dependent child or a head of household; and  (C) For whom it has not been determined that another program activity is more appropriate;    (11) Participation in medical, educational, counseling, and other services that are part of the recipient's personal responsibility agreement is a required activity for each teen parent who participates in the Transitional Employment Assistance Program; and  (12) Community service is time spent engaged in an approved activity at a government entity or community-based, charitable organization.    (b) All occupational training shall meet at least one (1) of the following requirements:  (1) Be on the statewide or appropriate area list of occupations in the Guide to Educational Training Programs for Demand Occupations published by the division;  (2) Be on that list for another area within the state to which the Transitional Employment Assistance Program recipient has signed a commitment to relocate;  (3) Be for a specific position for which an employer has submitted a letter demonstrating intent to hire persons upon successful completion of training; and  (4) Be in an occupation in local demand but not shown on the state or area demand list if the local demand is documented or will be documented by the area workforce development board through a state-prescribed methodology.    (c) Each state agency and each entity that contracts to provide services for a state agency shall establish recruitment and hiring goals which shall target ten percent (10%) of all jobs requiring a high school diploma or less to be filled with transitional employment assistance or food stamp recipients.  (d)  (1) The division shall require participation in approved work activities to the maximum extent possible, subject to federal and state funding. If funds are projected to be insufficient to support full-time work activities by all program recipients who are required to participate in work activities, the division shall screen recipients and assign priority in accordance with the implementation plan.  (2) In accordance with the implementation plan, the division may limit a recipient's weekly work requirement to the minimum required to meet federal work activity requirements and may develop screening and prioritization procedures within employment opportunity districts or within counties based on the allocation of resources, the availability of community resources, or the work activity needs of the employment opportunity district or county.    (e)  (1) Subject to subdivision (e)(2) of this section, an adult in a family receiving assistance under the program may fill a vacant employment position in order to engage in a work activity described in subsection (a) of this section.  (2) No adult in a work activity described in subsection (a) of this section which is funded, in whole or in part, by funds provided by the United States Government shall be employed or assigned:  (A) When any other individual is on layoff from the same or any substantially equivalent job; or  (B) If the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce in order to fill the vacancy so created with an adult described in subdivision (e)(1) of this section.    (3) The division shall establish and maintain a grievance procedure for resolving complaints of alleged violations of subdivision (e)(2) of this section.  (4) Nothing in this subsection shall preempt or supersede any provision of state or local law that provides greater protection for employees from displacement.    (f) The division, subject to review and recommendation by the board, shall establish criteria to exempt or temporarily defer the following persons from any work activity requirement:  (1) An individual required to care for a recipient child until the child reaches twelve (12) months of age, if the caregiver is an active participant in a home-based or part-time center-based quality-approved early learning program, where available, that requires parental involvement and is approved by the Department of Education under the Arkansas Better Chance Program Act,  6-45-101 et seq.;  (2) An individual required to care for a recipient child until the child reaches the maximum age specified by rule, not to exceed twelve (12) months of age;  (3) A parent or caregiver with a disability, based upon criteria set forth in rules;  (4) A woman in the third trimester of pregnancy;  (5) A parent or caregiver who is caring for a child relative with a disability or an adult relative with a disability, based upon criteria set forth in rules;  (6) A minor parent less than eighteen (18) years of age who resides in the home of a parent or in an approved adult-supervised setting and who participates in full-time education or training;  (7) A teen parent head of household under twenty (20) years of age who maintains satisfactory attendance as a full-time student at a secondary school;  (8) An individual for whom support services necessary to engage in a work activity are not available;  (9) An individual who, as determined by a division case manager, is unable to participate in work activities due directly to the effects of domestic violence. All case manager determinations made under this subdivision (f)(9) shall be reviewed by a supervisor within five (5) days of such determination;  (10) An individual unable to participate in a work activity due to extraordinary circumstances;  (11) A parent or caregiver over sixty (60) years of age; and  (12) Child-only cases.    
 (a) The application for assistance shall contain a statement of the amount of both real and personal property in which the applicant has an interest and of all earned and unearned income which he or she may have at the time of the filing of the application and such other information as may be required by the Department of Human Services.  (b) Any assistance improperly paid shall be recoverable by the state as a debt due the state and, if applicable, the recipient shall be prosecuted under theft of public benefits,  5-36-202.  (c)  (1) All assistance provided under this chapter shall be reconsidered by the department as frequently as the department deems necessary. The amount of assistance may be entirely withdrawn by the department if the department is advised that the recipient's circumstances have altered sufficiently to warrant such action.  (2) Whoever shall withhold information in a periodic reconsideration that may result in a recipient's assistance being changed or withdrawn shall be guilty of fraud. Any money paid after information has been withheld shall be recoverable as a debt due the state.    (d) The department shall forthwith close any recipient's open case upon a judicial or administrative determination that the individual recipient has committed fraud in order to receive transitional employment assistance benefits. The case shall remain closed and the recipient shall remain ineligible until all indebtedness to the department is repaid with interest.  
 (a)  (1) The Division of Workforce Services shall not provide financial assistance to a family that includes an adult recipient who has received financial assistance for more than twenty-four (24) months, except as provided in subsection (c) of this section.  (2) The number of months need not be consecutive and shall include the time a recipient receives financial assistance from another state.  (3) The division may by rule establish other limitations on the receipt of financial assistance not inconsistent with state or federal law.    (b)  (1) The division shall certify to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor when the support services necessary for program recipients to obtain employment or participate in allowable work activities are available.  (2) The division may certify subsets of program recipients, including without limitation recipients in a certain geographical area or employment opportunity district or program recipients with a high school diploma or high school equivalency diploma approved by the Adult Education Section.  (3) Before implementing the twenty-four-month cumulative limit on financial assistance, the division shall notify program recipients by direct mail or contact and by other means reasonably calculated to reach to current and potential program recipients, including, but not limited to, the posting of notices in county offices.    (c) The division shall exempt or temporarily defer within thirty (30) calendar days the following persons from the twenty-four-month cumulative limit on financial assistance:  (1) An individual, as determined by a division case manager, who cooperated and participated in activities, but was unable to obtain employment because of circumstances or barriers beyond his or her control;  (2) Child-only cases;  (3) An individual unable to obtain employment because of the lack of support services necessary to overcome barriers to employment;  (4) A parent or caregiver over sixty (60) years of age;  (5) A parent or caregiver who is caring for a disabled child relative or disabled adult relative, based upon criteria set forth in division rules;  (6) A disabled parent or caregiver, based upon criteria set forth in division rules;  (7) A parent less than eighteen (18) years of age who resides in the home of a parent or in an approved adult-supervised setting and who participates in full-time education or training;  (8) An individual, who as determined by a division case manager, is unable to obtain employment due directly to the effects of domestic violence. All case manager determinations made under this subdivision (c)(8) shall be reviewed by a supervisor within five (5) days of the determination;  (9) Other individuals as determined by the division, including, but not limited to, a child when necessary to protect the child from the risk of neglect, as defined by  12-18-103(14); and  (10) Individuals participating in education and training activities who have reached the end of their twenty-four-month cumulative limit on financial assistance, have complied with all transitional employment assistance rules, are making satisfactory academic progress as determined by the academic institution or training program in which the individual is currently enrolled, and are expected to complete the requirements for the education or training program within a reasonable period of time as defined in rules issued by the division.    (d)  (1) No months shall be counted toward a person's twenty-four-month cumulative limit on financial assistance while he or she is receiving a deferral or exemption.  (2) There shall be no limit on the length or the number of deferrals or exemptions granted each person as long as the person meets any of the criteria outlined in subsection (c) of this section.  (3) The division shall periodically review each case to determine whether the person still meets any of the criteria outlined in subsection (c) of this section.  (4)  (A) The division shall carry out an enhanced review of all cases six (6) months before the expiration of the time limit.  (B) The review shall assess the barriers that remain to the adult or adults in the case obtaining employment, what enhanced services can be provided to enable him or her to obtain employment, and whether the case should be given a six-month extension or be exempted from the time limit.  (C) The division shall make every reasonable effort to deliver the available services identified in subdivision (d)(4)(B) of this section.  (D) The division shall grant an extension at the time for review if the client meets one (1) of the grounds for extension.  (E) The division shall carry out a further review at the end of the extension period.      (e)  (1) A recipient who was eligible for Medicaid and loses his or her financial assistance due to earnings and whose income remains below one hundred eighty-five percent (185%) of the federal poverty level shall remain eligible for transitional Medicaid without reapplication during the immediately succeeding twelve-month period if private medical insurance is unavailable from the employer.  (2) A recipient who loses his or her financial assistance due to earnings and who is employed shall be eligible for:  (A) Childcare assistance at no cost and without reapplication for a cumulative period of twelve (12) months; and  (B) Twenty-four (24) additional months of childcare assistance provided on a sliding fee scale or other cost-sharing arrangement as determined by the division.    (3) The division may reduce the period of transitional child care to a total of twenty-four (24) months for recipients who lose assistance at a specified date after the division's decision to limit the assistance if the division certifies to the Governor and the Chief Fiscal Officer of the State that the reduction is necessary to avoid overspending the biennial budget for child care.  (4) The transitional childcare assistance available to former recipients shall not exceed the cumulative number of months provided under subdivisions (e)(2) and (3) of this section, regardless of whether the former recipient reenters the Transitional Employment Assistance Program.    (f)  (1) The division shall deny Medicaid, childcare, and transportation assistance during the twelve-month period for any month in which the recipient's family does not include a dependent child.  (2) The division shall notify the recipient of transitional Medicaid, childcare, and transportation assistance when the recipient is notified of the termination of cash assistance. The notice shall include a description of the circumstances in which the transitional Medicaid and childcare assistance may be terminated.    (g)  (1) In order to assist current and former program recipients in continuing training and upgrading skills, transitional education or training may be provided to a recipient for up to one (1) year after the recipient is no longer eligible to participate in the program due to employment earnings.  (2) Education or training resources available in the community at no additional cost to the division shall be used whenever possible.  (3) Transitional education or training shall be employment-related and may include education or training to improve a recipient's job skills in the recipient's existing area of employment or may include education or training to prepare a recipient for employment in another occupation.  (4) The division may enter into an agreement with an employer to share the costs relating to upgrading the skills of recipients hired by the employer.    (h) Other extended support services may be available to recipients no longer eligible for financial assistance under transitional employment assistance.  (i) (1) By August 1, 2001, the division shall develop a plan, subject to review and recommendation by the Arkansas Workforce Development Board, to monitor and protect the safety and well-being of the children within a family whose temporary assistance is terminated for any reason other than the family's successful transition to economic self-sufficiency.       (2)(A)  Actions required by the plan shall include at least one (1) home visit with the parents and children.    (B)  Every reasonable effort shall be made to make contact with all families, including visits during evenings and on weekends.    (C)  The first home visit shall occur within six (6) months after the termination of cash assistance.    (D)  The purposes of the home visits shall include checking on the well-being of children in those families and determining whether the families need available services.    (3)  The division may contract with other state agencies, private companies, local government agencies, or community organizations for the conducting of these visits.    (4)  The board shall submit a report to the Governor and the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor that reports on the outcomes of the home visits and provides separate information for families who left transitional assistance due to noncompliance and time limits.    (j)  As part of the home visits, families shall be informed about the availability of Medicaid and ARKids First, food stamps, child care, housing assistance, any other supportive services offered by the division or the Department of Health designed to help meet the basic needs and well-being of children, federal and state earned income tax credits, individual development accounts, employment counseling services, and education and training opportunities designed to increase the future earnings and employment prospects of clients. 
 (a) When an applicant applies for employment assistance, the Department of Human Services shall determine whether the applicant is eligible to be diverted from receiving employment assistance. That determination shall be based on an assessment conducted in conformity with rules promulgated by the department.  (b) The department shall determine eligibility for diversion from assistance by considering whether but for the diversion from assistance the applicant would receive employment assistance. If the department determines that the applicant is eligible for diversion from assistance and the recipient agrees to the diversion, the department may provide a single loan payment of up to the amount of financial assistance that the applicant could receive during three (3) months if not diverted.  (c) An applicant may receive diversion loan assistance only one (1) time. Receipt of diversion loan assistance shall be accompanied by a written declaration by the recipient electing to forego transitional employment assistance financial assistance for one hundred (100) days as a condition of receiving the diversion loan assistance.  (d) A diversion from assistance is in lieu of other services described in this chapter.  
 (a)  (1) In accordance with their personal responsibility agreement, low-income entrepreneurs may escrow profits from their business enterprises which are not reinvested into their businesses into an account which will be placed in a micro-lending program and not be counted against their public assistance benefits until they accumulate an amount to be determined by the Department of Human Services for the period that they are eligible for the Transitional Employment Assistance Program. Under this section, participating low-income entrepreneurs who are otherwise eligible for transitional employment assistance shall not have their benefits reduced and shall not lose any transitional or extended support services available to them as program recipients for the life of the escrow account.  (2) The department will make available a micro-lending program to low-income entrepreneurs. For the purpose of this section, a low-income entrepreneur is one who is starting or expanding a business and who meets the eligibility criteria established by the department for the micro-lending program. A micro-lending program is one which provides training, technical assistance, and loan funds to low-income entrepreneurs to start or expand a business venture.  (3) Under this section, self-employment shall be considered an allowable work activity. To receive the self-employment exemption outlined in this section, low-income entrepreneurs shall be enrolled in the program and shall be enrolled in a micro-lending program providing entrepeneurship training, technical assistance, and peer support.    (b) The department shall establish an individual development account demonstration project.  (c) Federal funds received by the state pursuant to the Temporary Assistance for Needy Families Program shall be available for programs under this section.  
 If an application for assistance is denied in whole or in part, the applicant or recipient may appeal to the Department of Human Services in the manner and form prescribed by the department. The department shall, upon receipt of the appeal, give the applicant or recipient a reasonable notice of opportunity for a fair hearing pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq. 
 The State of Arkansas opts out of Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193. 
 (a) A reduction in financial assistance or case closure shall be imposed in the following situations:  (1) The individual fails without good cause to cooperate with the Office of Child Support Enforcement;  (2) The individual refuses to accept employment without good cause;  (3) The individual quits employment without good cause;  (4) The individual fails without good cause to comply with the provisions of the employment plan;  (5) The individual fails without good cause to comply with the provisions of the personal responsibility agreement; or  (6) The individual flees prosecution or custody or confinement following conviction or is in violation of the terms or conditions of parole or probation.    (b) The Division of Workforce Services may define by rule additional situations that require sanction, establish additional sanctions, and provide for administrative disqualification.  (c)  (1) If a parent fails to comply with the Transitional Employment Assistance Program requirements, financial assistance for the child or children may be continued under subdivisions (a)(1)-(5) of this section, and the division shall suspend the family's assistance for one (1) month.  (2)  (A) During the thirty (30) days after suspension of benefits, the division shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary.  (B) In the face-to-face meeting, the division shall explain:  (i) The reason that the family has been found to be noncompliant;  (ii) The penalty that will be imposed; and  (iii) The opportunity to correct that noncompliance and avoid the penalty.    (C) The division shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children.  (D) If the parent comes into compliance within fifteen (15) business days after the face-to-face meeting and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the family.    (3) If the parent fails to come into compliance during the period of suspended benefits, the family's financial assistance may be reduced by up to twenty-five percent (25%) for the next three (3) months if noncompliance continues.  (4) If the parent's noncompliance continues after the fourth month, the division shall suspend the family's financial assistance for two (2) months.  (5)  (A) During the thirty (30) days after suspension of benefits, the division shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary.  (B) In the face-to-face meeting, the division shall explain:  (i) The reason that the family has been found to be noncompliant;  (ii) The penalty that will be imposed; and  (iii) The opportunity to correct that noncompliance and avoid the penalty.    (C) The division shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children.  (D) If the parent comes into compliance within fifteen (15) business days and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the parent.  (E) If the parent fails to come into compliance during the second period of suspended benefits, the family's financial assistance may be reduced by up to fifty percent (50%) for the next three (3) months, if noncompliance continues.  (F) Months during which cash assistance benefits are suspended shall not count toward the family's twenty-four-month limit on receiving Transitional Employment Assistance Program assistance.  (G) The Transitional Employment Assistance Program cash assistance case shall be closed if noncompliance continues after the end of the period under this subdivision (c)(5).    (6) The division shall arrange a home visit with the family during the last month of the sanction to determine the well-being of the child or children and to determine whether additional services are required to protect the well-being of the child or children.  (7) Medicaid and food stamp benefits shall be continued without need for reapplication if the family is being sanctioned and for as long as the family remains eligible under the requirements of those programs.  (8) Division staff may contract with other state agencies, local coalitions, or appropriate community organizations to carry out the strong efforts to communicate with families facing sanction and to conduct the face-to-face meetings and home visits specified in this section.    (d) Beginning after July 27, 2011, the division shall include in the comprehensive annual program report information on the families sanctioned and the outcomes of the home visits to the Governor and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.  (e) When appropriate, protective payees may be designated by the division and may include:  (1) A relative or other individual who is interested in or concerned with the welfare of the child or children and agrees in writing to utilize the assistance in the best interests of the child or children;  (2) A member of the community affiliated with a religious, community, neighborhood, or charitable organization who agrees in writing to utilize the assistance in the best interests of the child or children; or  (3) A volunteer or member of an organization who agrees in writing to utilize the assistance in the best interests of the child or children.    (f)  (1) If it is in the best interest of the child or children, as determined by the division, for the staff member of a private agency, a public agency, the division, or any other appropriate organization to serve as a protective payee, the designation may be made.  (2) However, a protective payee shall not be any individual involved in determining eligibility for assistance for the family, staff handling any fiscal pressures related to the issuance of assistance, or landlords, grocers, or vendors of goods, services, or items dealing directly with the recipient.    
 Whenever any person makes an application for Transitional Employment Assistance Program benefits from the Department of Human Services and the application reveals that the applicant or child or children was or were put in such needy circumstances as to require public assistance by reason of the fact that the spouse or child or the illegitimate child was deserted or abandoned or left in destitute or necessitant circumstances by willful neglect or refusal to provide for the support or maintenance of the spouse or child by the child's parents, then it shall be the duty of the department to refer that applicant or child or children to the Office of Child Support Enforcement, to attempt to establish the paternity of the child or children, if necessary, and secure support therefor from any person who might owe the child or children a duty of support. 
 (a) It shall be the goal of the State of Arkansas to reduce the number of children who will remain in the Foster Care Program of Title IV-E of the Social Security Act under the appropriate division of the Department of Human Services.  (b) The maximum number of children that can remain in care over twenty-four (24) months cannot exceed fifty-five percent (55%) of all children in the Title IV-E foster care system.  (c) Each fiscal year, it shall be the goal of the State of Arkansas to reduce the maximum number of children in the state who will remain in the Title IV-E foster care system after having been in the care over twenty-four (24) months by three percent (3%) each year.  (d) The appropriate division of the department is directed to develop appropriate plans which describe how the above goals will be achieved.  
 (a) Assistance grants shall be given under this act to any person who:  (1) Has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential;  (2) Is sixteen (16) years of age or over; and  (3) Is not receiving any other type of assistance grant.    (b) The appropriate division of the Department of Human Services shall:  (1) Promulgate rules, in terms of ophthalmic measurements, to determine the amount of visual acuity which an applicant may have and still be eligible for assistance grants under this act;  (2) Designate a suitable number of ophthalmologists and optometrists, licensed to practice in Arkansas and actively engaged in the practice of their respective professions, to examine applicants and recipients of assistance grants to the blind;  (3) Fix and pay to ophthalmologists and optometrists fees for examination of applicants; and  (4) Develop or cooperate with other agencies in developing measures for the prevention of blindness, the restoration of eyesight, and the vocational adjustment of blind persons.    (c)  (1) No applications shall be approved until the applicant has been examined by an ophthalmologist or optometrist, whichever the individual may select, designated or approved by the division to make the examination.  (2) The examining ophthalmologist or optometrist shall certify in writing upon forms provided by the division the findings of the examination.  (3) The recipient shall submit to a reexamination as to his or her eyesight when required to do so by the division.    (d)  (1) The amount of the assistance grants shall be determined in accordance with subdivision (d)(2) of this section, except that in determining need, the division shall disregard the first eighty-five dollars ($85.00) per month of earned income, and where earned income has been disregarded in determining the need of a person receiving aid to the blind, the earned income so disregarded shall be disregarded in determining the need of any other individual for old age assistance, aid to the families of dependent children, aid to the blind, and aid to the permanently and totally disabled.  (2)  (A) The appropriate division of the Department of Human Services shall determine the amount of assistance grants which any person shall receive with due regard to the resources and necessary expenditures of the case, the conditions existing in each case and in accordance with the rules made by the division.  (B) This amount shall be sufficient, when added to all other income and support available to the recipient, to provide the person with a reasonable subsistence compatible with decency and health.    (3) The assistance grants shall be in the form of money payments to blind persons in need.    (e) On the basis of the findings of the ophthalmologist's examination as provided for in this act, supplementary services may be provided by the division to any applicant or recipient who is in need of treatment either to prevent blindness or to restore his or her eyesight whether or not he or she is blind as defined in this act or rules of the division, if he or she is otherwise qualified for assistance grants under this act. The supplementary services may include necessary traveling and other expenses to receive treatment from a hospital or clinic designated by the division.  
 (a) No state official, employee of the Department of Human Services, or official or employee of any county office engaged directly or indirectly in the administration of this act shall preclude, or assist in precluding, any individual from obtaining services for which payment may be made under this act from any ophthalmologist or optometrist licensed to render such services in this state and actively engaged in the practice of their respective professions and shall not, under any circumstances, in informing a person requiring vision care, or for a correction of any vision or muscular anomaly, either directly or indirectly, refer that person to any particular ophthalmologist or optometrist but shall merely advise the person of the need for professional services.  (b) Nothing in this act shall be construed as precluding any individual from obtaining services for which payment may be made under this act from any ophthalmologist or optometrist duly licensed to render the services in this state and actively engaged in the practice of their respective professions.  
 (a) The appropriate division of the Department of Human Services is authorized to provide assistance grants to needy aged persons, as authorized in  20-76-424 [repealed], and assistance grants to needy blind persons, as authorized in  20-76-419, of up to one hundred twenty-five dollars ($125) per month in keeping with the federal Social Security Act, and as state funds therefor are available.  (b) It is the intent of this section to be cumulative to the public welfare laws of this state.  
 It was the intent of the Sixty-Ninth General Assembly that on January 1, 1974, and thereafter, the State of Arkansas should provide supplemental payments to its citizens participating in the new supplemental security income program in the amount of mandatory minimum supplements as outlined in Pub. L. No. 92-603 and further explained in the written agreement between the Department of Human Services and the United States Secretary of Health and Human Services. 
 (a) If at any time during the continuance of assistance the recipient thereof becomes possessed of any property or income in excess of the amount stated in the application for assistance, it shall be the duty of the recipient immediately to notify the county office of the receipt or possession of the property or income. The Department of Human Services may either cancel the assistance or alter the amount thereof in accordance with the circumstances.  (b) Any assistance paid after the recipient has come into the possession of the property or income and in excess of his or her need shall be recoverable by the state as a debt due the state.  
 (a) No person shall, at any time during the continuance of assistance, grant, sell, transfer title, or in any way dispose of any real property without the consent of the appropriate division of the Department of Human Services. If a recipient of assistance executes and delivers a deed to real property without the consent of the division, the transaction shall be deemed prima facie fraudulent as to the division.  (b) To overcome the presumption of fraud, an immediate investigation will be made to determine whether the property was transferred within the rules of the division. The fair market value of the transferred property shall be considered as available toward meeting the needs of the recipient.  
 (a) Any recipient of assistance who is moved, moves, or is taken to another county in this state shall be required to notify the appropriate division of the Department of Human Services of the removal and may, if otherwise eligible, receive assistance in the county to which he or she has moved.  (b) The office of the county from which he or she has moved shall transfer all necessary records relating to the recipient to the office of the county to which he or she has moved.  
 (a)  (1)  (A) Records identifying persons participating in programs administered by the Department of Human Services may be disclosed only as expressly authorized by law or regulation creating or implementing the programs.  (B) The rulemaking power of the Department of Human Services shall include the power to establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and departmental communications.    (2)  (A)  (i) The various executive departments and agencies of the state shall exchange information as necessary for each department and agency to accomplish objectives and fulfill obligations created or imposed by federal or state law.  (ii) The various executive departments and agencies of the state shall execute operating agreements to facilitate the exchanges of information authorized by this chapter.    (B) Information received pursuant to this chapter shall be maintained by persons with a business need to access the information and shall be further disclosed only in accordance with any confidentiality provisions applicable to the department or agency originating the information.      (b) Except for purposes directly connected with the administration of public assistance and in accordance with the rules of the Department of Human Services, it shall be unlawful for any person or persons to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of any list of or names of or any information concerning persons applying for or receiving assistance directly or indirectly derived from the records, papers, files, or communications of the Department of Human Services or acquired in the course of the performance of official duties.  (c) Any person violating the provisions of this section or any rules promulgated under the power hereof shall upon conviction be deemed guilty of a misdemeanor and shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or confined in the county jail for not less than ten (10) days nor more than sixty (60) days or shall be subjected to both a fine and jail sentence.  
 (a) In order to ensure that the needy citizens of the State of Arkansas are receiving all benefits to which they may be entitled, the Department of Human Services shall maintain a list of all recipients of state assistance reflecting each recipient's income, Social Security number, and the programs in which the recipient is participating.  (b) The information required for the list shall be obtained from the recipient's records and such other sources necessary to ensure accuracy and completeness.  (c) The recipient shall be provided a release form to sign in order to obtain the required information. Failure to sign the release form shall result in termination of the recipient from the program of assistance until a review can be made of the eligibility of the recipient by the department from public records.  
 (a) This chapter shall not be interpreted to entitle any individual or family to assistance under any program created, implemented, or funded under or pursuant to this chapter.  (b) All assistance provided under this chapter shall be subject to the provisions of any amending or repealing act that may hereafter be passed, and no recipient shall have any claim for compensation or otherwise by reason of his or her assistance being affected in any way by any amending or repealing act.  
 (a)  (1) Federal or state benefits in cash or in kind, including, but not limited to, Medicaid, Aid to Families with Dependent Children [abolished], Transitional Employment Assistance Program, Temporary Assistance for Needy Families, and food stamps distributed or paid by the Department of Human Services as well as charges levied by the department for services rendered shall upon the death of the recipient constitute a debt to be paid.  (2)  (A) The department may make a claim against the estate of a deceased recipient or the interest acquired from the deceased recipient by a grantee of a beneficiary deed under  18-12-608 for the amount of any benefits distributed or paid or charges levied by the department.  (B) If a grantee of a beneficiary deed under  18-12-608 makes a written request for a release or disclaimer of the department's interest in the real property described in the beneficiary deed, the department within thirty (30) calendar days of the request shall either:  (i) Make a claim against the interest acquired from the deceased recipient by a grantee of the beneficiary deed; or  (ii) Provide the requested disclaimer and a release suitable for recording in the real estate records of the county where the real property is located.        (b)  (1) The department shall not seek recovery against the estate of a deceased recipient or the interest acquired from the deceased recipient by a grantee of a beneficiary deed under  18-12-608 for the amount of any benefits distributed or paid or charges levied if the recovery is not cost effective or if the recovery works an undue hardship on the heirs or devisees of the decedent's estate or the grantee of a beneficiary deed under  18-12-608.  (2) In determining the existence of an undue hardship, the department shall consider factors including, but not limited to, the following:  (A) The asset subject to recovery is the sole income-producing asset of the beneficiaries of the estate or the grantee of a beneficiary deed under  18-12-608;  (B) Without receipt of the beneficiary deed or proceeds of the estate, a grantee or beneficiary would become eligible for federal or state benefits;  (C) Allowing a grantee of a beneficiary deed under  18-12-608 to receive the interest under the beneficiary deed or a beneficiary to receive the inheritance from the estate would enable the grantee or beneficiary to discontinue eligibility for federal or state benefits;  (D) The asset subject to recovery is a home with a value of fifty percent (50%) or less of the average price of homes in the county where the homestead is located, as of the date of the deceased recipient's death; or  (E) There are other compelling circumstances.      (c) To the extent that there is any conflict between the preceding criteria and the standards that may be specified by the United States Secretary of Health and Human Services, the federal standards shall prevail.  (d) Applicants for federal or state benefits shall be notified in writing in prominent type on the application form that the department may make a claim against their estate or the interest acquired from the applicant by a grantee of a beneficiary deed under  18-12-608.  
 The Department of Human Services, the Division of Workforce Services, the Department of Health, the Division of Elementary and Secondary Education, the Division of Higher Education, the Adult Education Section, the Arkansas Development Finance Authority, the Arkansas Economic Development Council, and the Arkansas Department of Transportation shall report periodically to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor regarding the provision of services to Transitional Employment Assistance Program recipients. 
 (a)  (1) The General Assembly finds that it is important that all families in this state be strong and economically self-sufficient and that it is in the public interest that:  (A) Eligible persons and families of lesser means be given time-limited cash assistance along with an opportunity to obtain and retain employment that is sufficient to sustain their families;  (B) As a part of this transition from welfare to work, it is in the public's interest that various supportive services and, in some cases, education and training be offered to these families to enable them to make this transition;  (C) Education and training are essential to long-term career development and self-sufficiency; and  (D) Employment improves the quality of life for parents and children by increasing family income and assets and by improving self-esteem.    (2) Therefore, it is in the public interest that our state provide time-limited cash assistance and supportive services to our most vulnerable citizens and their children.    (b)  (1) The General Assembly also finds that:  (A) Currently there are inefficiencies and duplication of effort on the part of the Division of Workforce Services and the Department of Human Services in the administration of the Transitional Employment Assistance Program; and  (B) A different division of responsibility for administration of the Transitional Employment Assistance Program by the division and the Department of Human Services may result in the more efficient and effective administration of the Transitional Employment Assistance Program.    (2) Therefore, it is in the public interest that the General Assembly authorize the division to:  (A) Receive the Temporary Assistance for Needy Families block grant from the United States Department of Health and Human Services for the administration of all Temporary Assistance for Needy Families-funded programs in Arkansas;  (B) Expend the Temporary Assistance for Needy Families block grant funds subject to the appropriations of the General Assembly;  (C) Provide all employment-related services for time-limited Transitional Employment Assistance Program clients;  (D) Contract with other state agencies or other providers to deliver services in Temporary Assistance for Needy Families-funded programs; and  (E) Prepare and submit any Temporary Assistance for Needy Families renewal plans that are required in  402 of the Social Security Act, 42 U.S.C.  651 et seq.      
 (a)  (1) At the time of application for transitional employment assistance, the Department of Human Services and the applicant shall sign a personal responsibility agreement.  (2) An applicant shall not be required to engage in job search activities if the applicant does not have available childcare and transportation services.    (b)  (1) Within thirty (30) calendar days after an application for transitional employment assistance has been approved, the department shall conduct an in-depth assessment of the functional educational level, skills, prior work experience, and employability of the participant.  (2) The department shall utilize testing instruments which shall yield education levels, skill levels, work readiness, and employability of the participant.  (3)  (A) The assessment shall identify barriers to immediate employment as well as barriers that may prevent the participant from increasing his or her long-term earnings and from taking advantage of opportunities for employment advancement.  (B) The barriers to be assessed shall include, at least, domestic violence, substance abuse, learning disabilities, and unmet client needs for supportive services such as child care, transportation, assistance with job-related expenses, housing, health care, job readiness preparation, and education and training.      (c) The department shall inform the participant of supportive services that may be available to alleviate barriers to employment and increase long-term earnings and opportunities for employment advancement.  (d) After the skills assessment has been completed and the participant has been informed about the availability of supportive services, the department shall work with the participant to develop an individual employment plan that:  (1) Sets forth an employment goal for the participant and a plan for moving the participant into employment;  (2) Is designed to the greatest extent possible to move the participant into employment, help the participant maintain employment, and increase the participant's long-term earnings and opportunities for employment advancement;  (3) Makes education and training a priority of allowable work activities, subject to federal work participation requirements and taking into account the caseload reduction credit, when the assessment warrants that education and training are the best means to achieving long-term economic self-sufficiency;  (4) Lists the supportive services that are generally available under the program and the methods by which a participant may access these services;  (5) Describes the services the department shall provide to enable participants to obtain and maintain employment and increase their potential long-term earnings and opportunities for employment advancement; and  (6) Designates the number of hours that he or she must participate in work activities to meet participation standards, unless the participant is deemed by the department to be exempt or temporarily deferred from work participation requirements.    (e)  (1) The department shall review the progress of the participant in the program and meet with the participant as necessary to review and revise his or her employability plan.  (2) The department shall inform the participant of his or her time remaining on the lifetime limit on financial assistance and shall reassess the client's needs for supportive services.    (f) The department may develop and promulgate rules requiring program applicants who have been determined to be job-ready to engage in job search activities while the application is being processed.  (g) The department shall not require an applicant to engage in job search activities if, in the judgment of the department, the applicant has one (1) or more barriers which if not addressed would prevent the applicant from finding employment.  (h)  (1) Before requiring the applicant to engage in job search activities, the department shall ask the applicant whether childcare or transportation assistance, or both, will be needed to complete job search activities.  (2) If needed child care and transportation are not available, the applicant shall not be required to engage in job search activities as a condition of application approval.    
 (a)  (1) The Department of Human Services and the Division of Workforce Services shall permit Transitional Employment Assistance Program recipients to obtain the education and training they need to obtain jobs that pay wages allowing them to be economically self-sufficient.  (2) Program recipients who are assessed as having basic education deficiencies shall be allowed to combine educational activities leading to a high school diploma or high school equivalency diploma approved by the Adult Education Section and employment and work experience. Participants may be required to engage in internships, work experience, or employment. Work requirements shall not exceed fifteen (15) hours per week unless the department certifies that allowing education to count toward Transitional Employment Assistance Program recipients' required work activities would affect the state's ability to meet federal work participation rates. To the extent possible, educational activities shall take place in a work context.  (3)  (A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in vocational education courses designed to prepare them for jobs in high-growth, high-wage occupations.  (B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity.  (C)  (i) If a recipient's coursework, including study time, does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study.  (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates.    (D)  (i) The department may suspend the allowance to enroll only if the Arkansas Workforce Development Board certifies that allowing education to count toward a Transitional Employment Assistance Program recipient's required work activities would affect the state's ability to meet federal work participation rates.  (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates.      (4)  (A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in postsecondary courses leading to a two-year or four-year degree or a five-year teaching degree.  (B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity.  (C)  (i) If a recipient's coursework does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study.  (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates.    (D)  (i) The department may suspend the allowance to enroll only if the board certifies that allowing education to count toward a program recipient's required work activities would affect the state's ability to meet federal work participation rates.  (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates.      (5) Participants under each of these options shall be provided the supportive services they need to attend classes and other educational activities, including, at least, child care and transportation.    (b) Transitional Employment Assistance Program recipients shall be assigned to work activities that prepare them for long-term economic self-sufficiency, including basic, vocational, and postsecondary education when appropriate.  (c) Participation in combined work and education activities shall be deemed to meet Transitional Employment Assistance Program recipients' work activity requirements. The department may require additional or fewer hours of federally defined work activities if it certifies that the state may not meet federal work participation rates after taking into account the caseload reduction credit because recipients enrolled in educational courses are not required to engage in federally defined work activities for the minimum number of hours.  (d)  (1) For a qualified Transitional Employment Assistance Program recipient enrolled in a two-year college, the education program created in this section shall pay for child care for the recipient's children for both day and evening classes.  (2) The Division of Workforce Services and the Arkansas Early Childhood Commission jointly shall promulgate rules to develop an evening childcare program with extended hours under subdivision (d)(1) of this section.    
 (a)  (1) There is created the Arkansas Work Pays Program.  (2)  (A) The Arkansas Work Pays Program shall be administered by the Division of Workforce Services.  (B) The administration of the Arkansas Work Pays Program shall focus on promoting the Transitional Employment Assistant Program outcomes specified in  20-76-113.    (3) Eligible applicants to the Arkansas Work Pays Program shall receive one (1) or more of the following:  (A) Cash assistance;  (B) Support services;  (C) Medical assistance; and  (D) Employment assistance.      (b)  (1) Eligibility for assistance under the Arkansas Work Pays Program is limited to applicants or participants who:  (A) Have care and custody of a related minor child;  (B) Reside in the State of Arkansas at the time of application for assistance and during the period of assistance;  (C) Apply for Arkansas Work Pays Program assistance within six (6) months of leaving the Transitional Employment Assistance Program after at least three (3) months of Transitional Employment Assistance Program assistance;  (D) Have not received more than twenty-four (24) months of Arkansas Work Pays Program benefits;  (E) Were engaged:  (i) In paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month; or  (ii) In the case of continuing eligibility, in paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for one (1) of the past three (3) months and for at least three (3) of the past six (6) months;    (F) Are:  (i) Citizens of the United States;  (ii) Qualified aliens lawfully present in the United States before August 22, 1996;  (iii) Qualified aliens who physically entered the United States on or after August 22, 1996, and have been in qualified immigrant status for at least five (5) years; or  (iv) Aliens to whom benefits under Temporary Assistance for Needy Families must be provided under federal law;    (G) Have income below one hundred fifty percent (150%) of the federal poverty level; and  (H) Sign and comply with a personal responsibility agreement.    (2) Families who leave the Arkansas Work Pays Program due to insufficient work hours may reenter the Arkansas Work Pays Program once they establish that they were paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month.    (c)  (1) Families participating in the Arkansas Work Pays Program with earnings less than the federal poverty level shall receive monthly cash assistance equal to the maximum monthly Transitional Employment Assistance Program benefit for a family of three (3) with no earned income.  (2) The division may set payment levels for families earning above the federal poverty level by rule to allow for a gradual reduction in payments as earnings rise toward one hundred fifty percent (150%) of the federal poverty level.    (d)  (1) Enrollment in Arkansas Work Pays Program cash assistance may be limited to three thousand (3,000) participants.  (2) If the Arkansas Workforce Development Board certifies to the Governor and the Chief Fiscal Officer of the State and notifies the Legislative Council, the Senate Committee on Public Health, Welfare, and Labor, and the House Committee on Public Health, Welfare, and Labor that the action is necessary to avoid the number of families receiving Arkansas Work Pays Program cash assistance going over three thousand (3,000), it may authorize a reduction of the months for which families may receive cash assistance or other supportive services.  (3) The number of months for which families are eligible for cash assistance may be reduced in three-month increments from the statutory provision of twenty-four (24) months.  (4) Families who lose eligibility for cash assistance due to the reduction in the number of months of eligibility shall qualify for financial incentives offered to families leaving the Arkansas Work Pays Program.  (5) The board shall withdraw its reduction of the months for which families are eligible for cash assistance if the reduction is no longer necessary to maintain enrollments below three thousand (3,000) families.    (e) Families participating in the Arkansas Work Pays Program shall be eligible for the same support services and assistance as families enrolled in the Transitional Employment Assistance Program.  (f) The division shall administer a work incentive program that includes cash bonuses and other financial incentives to encourage:  (1) Transitional Employment Assistance Program recipients to leave the Transitional Employment Assistance Program and move into the Arkansas Work Pays Program;  (2) Arkansas Work Pays Program participants to stay employed for at least twenty-four (24) hours a week and meet the federal work participation rate; and  (3) Arkansas Work Pays Program participants to leave the Arkansas Work Pays Program and continue employment for at least twenty-four (24) hours per week.    (g)  (1) The division shall work with local workforce offices to develop and administer services to Arkansas Work Pays Program participants designed to help them move into higher-paying jobs available in their regions.  (2) These services may include:  (A) Employment exchanges;  (B) Education and training;  (C) Work supports; and  (D) Other services designed to help Arkansas Work Pays Program participants increase their earnings and develop careers.    (3) The division may make these services available to low-income workers who are not participating in the Arkansas Work Pays Program.    (h) The division may contract with the Department of Human Services for administrative services related to eligibility and payments.  (i) The division shall make arrangements with the Department of Human Services to facilitate participants' enrollment in the Arkansas Work Pays Program after they leave the Transitional Employment Assistance Program.       (j)(1)  The division shall promulgate rules establishing the Arkansas Work Pays Program.    (2)  The rules shall be subject to review and recommendation by the board. 
 (a) The General Assembly finds that:  (1) Higher education credentials are:  (A) Becoming increasingly important for the State of Arkansas to maintain a competitive workforce; and  (B) Critical for adults to qualify and obtain high-wage employment; and    (2) It is in the public interest that:  (A) Individuals improve their education credentials in order to qualify for higher-wage jobs;  (B) Eligible persons have access to postsecondary education programs that meet the specific needs of working adults;  (C) Institutions of higher education offer programs targeted to the specific workforce needs of their area within the state; and  (D) Our state provide services aimed at improving employment prospects for low-income adults.      (b)  (1)  (A) The Division of Workforce Services, the Division of Higher Education, and the Arkansas Workforce Development Board shall work jointly to develop a plan for the Career Pathways Initiative.  (B) The plan shall be updated annually.    (2) The initiative shall:  (A) Increase the access of low-income parents and other individuals to education credentials that qualify them for higher-paying jobs in their local areas;  (B) Improve the preparedness of the Arkansas workforce for high-skill and high-wage jobs;  (C) Develop training courses and educational credentials after consulting local employers and local workforce boards to identify appropriate job opportunities and needed skills and training to meet employers' needs;  (D) Provide resources on the basis of performance incentives, including participants:  (i) Enrolling in courses;  (ii) Completing the courses;  (iii) Obtaining jobs in the targeted job categories; and  (iv) Staying employed in the targeted job categories;    (E) Use available Temporary Assistance for Needy Families funds for participants who have custody or legal responsibility for a child under twenty-one (21) years of age and whose family income is less than two hundred fifty percent (250%) of the federal poverty level; and  (F) Incorporate the existing Career Pathways Program.      (c) The initiative plan shall be subject to review, recommendation, and approval by the Arkansas Workforce Development Board.  (d) Under the initiative, the Division of Higher Education shall contract to provide education and training that will result in job training certificates or higher education degrees for Transitional Employment Assistance Program participants and other low-income adults with:  (1) State agencies;  (2) Two-year colleges;  (3) Local governments; or  (4) Private or community organizations.    (e)  (1) The initiative plan shall specify procedures and requirements for applications for entry into programs under subsection (d) of this section.  (2) Applications shall be made to the Division of Higher Education.    (f) The Division of Higher Education shall determine which two-year college proposals are funded under the initiative.  (g) Temporary Assistance for Needy Families funds may be combined with other federal, state, and local funds in ways consistent with federal laws and regulations.  
 (a)  (1) There is created the Community Investment Initiative.  (2) The Division of Workforce Services shall develop the initiative.    (b) The division shall contract with private or community organizations, including faith-based organizations, to offer services and support to parents, children, and youth in their communities.  (c) The initiative may fund programs for the following purposes:  (1) Improving outcomes for youth, including, but not limited to:  (A) Academic achievement;  (B) Job skills;  (C) Civic participation and community involvement; and  (D) Reducing risky behaviors such as sexual activities, drug use, and criminal behavior;    (2) Improving parenting and family functioning through services and support to parents, children, and to families;  (3) Improving marriage and relationship skills among youth and engaged and married couples;  (4) Improving the financial and emotional connections of noncustodial parents to their children through fatherhood programs;  (5) Improving the employment skills and family connections of parents who leave state jails and prisons;  (6) Providing supportive services to child-only cases in the Transitional Employment Assistance Program; and  (7) Other purposes allowable under the federal Temporary Assistance for Needy Families program.    (d)  (1) The division shall authorize contracts with state agencies or community organizations to provide training and capacity building services to organizations eligible to apply for initiative funds.  (2) Contracts may be let for the following purposes:  (A) Assisting in the development of proposals to be funded through the initiative;  (B) Preparing organizations for the fiscal responsibilities involved in receiving and spending state and federal funds; and  (C) Improving the provision of services by contractors receiving funds from the initiative.      (e) Use of Temporary Assistance for Needy Families Program funds shall be subject to appropriations by the General Assembly for the initiative.  (f) Contracts shall include performance-based payments keyed to participation in services and specified outcomes.  (g) Temporary Assistance for Needy Families Program funds may be combined with other state, federal, and other funds in ways consistent with federal laws and rules.  
 This act shall be known and may be cited as the Drug Screening and Testing Act of 2015. 
 As used in this subchapter:   (1) Caretaker relative means any of the following individuals living with a minor child:  (A) A parent or stepparent;  (B) A grandparent;  (C) A sibling, half-sibling, or stepsibling;  (D) An aunt or uncle of any degree;  (E) A first cousin, nephew, or niece; and  (F) A relative by adoption within the previously named classes;    (2) Chain of custody means the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all materials or substances, providing accountability at each stage in handling, testing, and storing specimens and reporting test results;  (3) Confirmation test means a second analytical procedure used to identify the presence of a specific drug or drug metabolite in a specimen, which test may be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy;  (4)  (A) Drug means marijuana, cocaine, methamphetamine, amphetamine, and opiates, including without limitation morphine.  (B) The Director of the Division of Workforce Services may add under the definition of subdivision (4)(A) of this section additional drugs by rule;    (5) Drug test means any chemical, biological, or physical instrumental analysis administered by a drug testing agency authorized to test under this subchapter for the purpose of determining the presence or absence of a drug or its metabolites;  (6) Drug testing agency means an entity that has the required credentials as established by the Division of Workforce Services to administer drug tests using a person's urine, blood, or DNA that will detect and validate the presence of drugs in a person's body;  (7) Drug treatment program means a service provider that provides confidential, timely, and expert identification, assessment, and resolution of drug or alcohol abuse problems affecting a person;  (8) Five-panel drug test means a test for marijuana, cocaine, methamphetamine, amphetamine, and opiates, including without limitation morphine;  (9) Protective payee means a caretaker relative or legal guardian of a minor child unless the caretaker relative who is an applicant for Temporary Assistance for Needy Families Program benefits receives a positive result on a drug test; and  (10) Specimen means tissue, fluid, or a product of the human body capable of revealing the presence of drugs or drug metabolites.  
 (a)  (1) Subject to state appropriation, the Division of Workforce Services, in coordination with the Department of Human Services, shall establish and administer a drug screening and testing program of suspicion-based drug screening and testing for each applicant who is otherwise eligible for the Temporary Assistance for Needy Families Program,  20-76-101 et seq., or its successor program and for each recipient of the Temporary Assistance for Needy Families Program,  20-76-101 et seq., or its successor program.  (2) The drug screening and testing program shall include the population statewide.    (b)  (1) A dependent child under eighteen (18) years of age is exempt from the drug screening and testing requirement unless the dependent child is a parent who is also an applicant for the Temporary Assistance for Needy Families Program and who does not live with a parent, legal guardian, or other adult caretaker relative.  (2) An entity or individual participating in the Career Pathways Initiative or Community Investment Initiative under the Temporary Assistance for Needy Families Program is exempt from the drug screening and testing requirement.    (c)  (1) An applicant or recipient may inform the drug testing agency administering the test of any prescription or over-the-counter medication that the individual is taking.  (2) An applicant or recipient shall not be denied Temporary Assistance for Needy Families Program benefits on the basis of failing a drug test if the applicant has a current and valid prescription or a written certification and a registry identification card issued under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, for the drug in question.    (d)  (1) An applicant or recipient shall undergo a confirmation test using the same specimen sample from the initial positive test before receiving Temporary Assistance for Needy Families Program benefits.  (2) The results of the confirmation test shall be used to determine final eligibility for Temporary Assistance for Needy Families Program benefits.    
 (a) The Division of Workforce Services, in coordination with the Department of Human Services, shall:  (1) Consult with substance abuse treatment experts;  (2) Develop appropriate screening techniques and processes to establish reasonable cause that an applicant or recipient is using a drug and to establish the necessary criteria to permit the division, in coordination with the department, to require the applicant or recipient to undergo no less than a five-panel drug test;  (3) Identify and select a screening tool as a part of the development of the screening technique that will be employed for the drug screening and testing program under this subchapter;  (4) Develop a plan for funding of the costs of the screening process, the no less than five-panel drug testing process, personnel and information systems modification, and other costs associated with the development and implementation of the testing process; and  (5) Develop a plan for any modification of its information systems necessary to properly track and report the status of applicants or recipients who are screened and who must undergo testing as required by this subchapter, including without limitation a detailed analysis of costs for systems analysis, programming, and testing of modifications and for implementation dates for completion of the modifications.    (b) Annually, the division, in coordination with the department, shall submit a report of the past calendar year on or before February 1 to the General Assembly that includes without limitation:  (1) The number of individuals screened;  (2) The number of screened individuals for whom there was a reasonable suspicion of illegal drug use;  (3) The number of screened individuals who took a drug test;  (4) The number of screened individuals who refused to take a drug test;  (5) The number of screened individuals who received a positive result on the drug test;  (6) The number of screened individuals who received a negative result on the drug test;  (7) The number of individuals who received a positive result on a drug test for a second or subsequent time;  (8) The amount of costs incurred by the division for the administration of the drug screening and testing program; and  (9) The number of applications and re-applications received for the Temporary Assistance for Needy Families Program,  20-76-101 et seq., in the previous year and the current year.    
 The drug screening and testing program shall include without limitation:   (1)  (A) A requirement that an applicant upon initial application for Temporary Assistance for Needy Families Program benefits or a current recipient of program benefits at annual redetermination shall be screened using an empirically validated drug screening tool.  (B) If the result of the drug screening tool gives the Division of Workforce Services a reasonable suspicion to believe that the applicant or recipient has engaged in the use of drugs, then the applicant or recipient shall be required to take a drug test.  (C) A refusal by an applicant or recipient to take a drug test shall result in lack of eligibility for program benefits for six (6) months;    (2) A process for administering the cost of drug tests as follows:  (A) If an applicant or recipient receives a negative result on a drug test, the cost of administering the drug test shall be paid by the division;  (B) If an applicant or recipient receives a positive result on a drug test, refuses to enter a treatment plan, and receives a negative result on a drug test upon reapplying for benefits after six (6) months, the cost of administering the first drug test shall be deducted from his or her first program benefits, and the cost of administering the second drug test shall be paid by the division;  (C) If an applicant receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits; and  (D) If a recipient receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits after redetermination;    (3)  (A) A referral process for any applicant or recipient who receives a positive result on a drug test to be referred to an appropriate treatment resource for drug abuse treatment or other resource by the division for an appropriate treatment period as determined by the division.  (B) Evidence of ongoing compliance during the determined treatment period shall be required.  (C) If an applicant or recipient is otherwise eligible during the treatment period, the applicant shall receive program benefits;    (4) A requirement that a refusal to enter a treatment plan or failure to complete the treatment plan by an applicant or recipient who receives a positive result on a drug test shall result in lack of eligibility for program benefits for six (6) months;  (5)  (A) A requirement that an applicant or recipient be tested using the no less than five-panel drug test upon the conclusion of the determined treatment period.  (B) If an applicant or recipient receives a positive result on the no less than five-panel drug test or any subsequent drug test, the applicant shall be ineligible for program benefits for six (6) months.  (C) If an applicant or recipient who has failed a drug test reapplies for program benefits, the applicant or recipient shall test negative for illegal use of controlled substances in order to receive program benefits, and the division may provide a referral to an appropriate treatment resource for drug abuse treatment or other resource; and    (6)  (A) A requirement that a dependent child's eligibility for program benefits shall not be affected by a caretaker relative's ineligibility due to positive results on a drug test.  (B) An appropriate protective payee shall be designated to receive program benefits on behalf of the dependent child.    
 (a) All information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received by the Division of Workforce Services as a part of the drug testing program under this subchapter shall be confidential and not subject to disclosure and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings.  (b)  (1) Information regarding drug test results for a test administered under this subchapter shall not be released to law enforcement officers or used in any criminal proceeding.  (2) Information released contrary to subdivision (b)(1) of this section is inadmissible as evidence in a criminal proceeding.    (c) This subchapter does not prohibit:  (1) The division or a drug testing agency conducting the drug test from having access to an adult applicant's or adult recipient's drug test information or using the information when consulting with legal counsel in connection with actions brought under or related to this subchapter or when the information is relevant to its defense in a civil or administrative matter; or  (2) The reporting of child abuse, child sexual abuse, or neglect of a child.    
 An applicant or recipient who receives a positive result on a drug test administered under this subchapter shall not be deemed to have a disability because of the drug test result alone. 
 (a) The Director of the Division of Workforce Services, in coordination with the Department of Human Services, shall promulgate rules necessary for the implementation of this subchapter.  (b) The director shall consider the following when promulgating rules:  (1) Testing procedures established by the United States Department of Health and Human Services and the United States Department of Transportation;  (2) Screening procedures established by the substance abuse experts to determine when a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs;  (3) Body specimens and minimum specimen amounts that are appropriate for drug testing;  (4) Methods of analysis and procedures to ensure reliable drug testing results, including without limitation standards for initial tests and confirmation tests;  (5) Minimum detection levels for each drug or drug metabolite for the purpose of determining a positive result;  (6) Chain-of-custody procedures to ensure proper identification, labeling, and handling of specimens tested; and  (7) Retention, storage, and transportation procedures to ensure reliable results of drug tests used in the administration of this subchapter.    
 This subchapter shall be effective no later than December 31, 2015. 
 This subchapter shall be known and may be cited as the Employment Opportunities for Able-Bodied Adults Act of 2019. 
 (a) The General Assembly finds that:  (1) Arkansas has made great strides in promoting work for able-bodied adults across other public assistance programs;  (2) Arkansas can continue those initiatives by further creating opportunities and spurring economic development by improving its workforce;  (3) Arkansas provides Supplemental Nutrition Assistance Program benefits to more than one hundred twenty-three thousand (123,000) able-bodied adults without young children;  (4) The Supplemental Nutrition Assistance Program in Arkansas should be protected and preserved for the truly vulnerable;  (5) Most able-bodied adults receiving Supplemental Nutrition Assistance Program benefits in Arkansas do not work at all;  (6) Arkansas has the opportunity under federal law to refer able-bodied adults to employment and training programs;  (7) Arkansas has more than thirty-two thousand six hundred (32,600) open jobs; and  (8) Arkansas is projected to create more than one hundred sixty-six thousand (166,000) jobs in 2019.    (b) It is the intent of the General Assembly that this subchapter shall increase employment and self-sufficiency among able-bodied adults who are receiving Supplemental Nutrition Assistance Program benefits.  
 The Department of Human Services shall require an able-bodied adult under sixty (60) years of age who receives Supplemental Nutrition Assistance Program benefits, has dependents who are all at least six (6) years of age and under eighteen (18) years of age or who has no dependents, and is not otherwise subject to the requirements under 7 U.S.C.  2015(o), as it existed on January 1, 2019, to participate in an employment and training program established under 7 U.S.C.  2015(d)(4), as it existed on January 1, 2019, including without limitation a program operated by the department that authorizes a work registrant to perform public service activities through work experience to fulfill the work requirement necessary to receive Supplemental Nutrition Assistance Program benefits. 
 (a) The Department of Human Services shall report the department's implementation of the employment and training program requirement under  20-76-803 one (1) time per calendar quarter to the House Committee on Public Health, Welfare, and Labor.  (b) The department shall develop and submit a report containing statistics of participation in the employment and training program one (1) time per calendar quarter to the House Committee on Public Health, Welfare, and Labor.  
 (a) It is the intent of the General Assembly that the Medicaid medical assistance program administered by the Department of Human Services is intended to be supplemental to other potential sources of payment which are or may be available to pay for the costs of medical care delivered to residents of this state. To ensure that the appropriated funds are available to meet the needs of those residents, it is hereby declared the public policy of the State of Arkansas that the program is the payor of last resort to supplement and not supplant other sources which are or may be available to any individual, except when federal requirements under Title V specify otherwise.  (b) The appropriate division of the department, in order to comply with Pub. L. No. 92-603,  208, may, with respect to the medically indigent:  (1) Provide that an enrollment fee, premium, or similar charge may be imposed;  (2) Specify the amount of and the period of liability for the charges; and  (3) Define the state's policy regarding the effect on the recipient of nonpayment of required charges.    
 (a) The appropriate division of the Department of Human Services is authorized to establish a program to provide for long-term care facility care for all residents of this state who are found to be qualified for and in need of long-term care facility care, as provided in this section.  (b) The program shall consist of:  (1) Long-term care facililty care for those persons eligible to receive medical care benefits under Title XIX of the Social Security Act in accordance with federal and state regulations promulgated therefor, within the maximum limitations provided under federal law or regulation for federal reimbursement for long-term care facility care under Title XIX of the Social Security Act; and  (2) A program of state financial assistance for long-term care facility care for persons who are not eligible for medical care benefits under Title XIX of the Social Security Act to the extent that the cost of the class of long-term care facility care for which the person is determined to be qualified exceeds the ability of the person to pay for the care.    (c)  (1) However, the deputy director of the appropriate division of the department shall, in establishing the level of payment for services and benefits for long-term care facility care to be provided under the provisions of this section, promulgate appropriate rules to limit the cost of services to the State of Arkansas to funds available or estimated to be available to the appropriate division for that purpose during each fiscal year.  (2) The rules promulgated by the deputy director shall provide that all persons eligible within each class of eligibility shall receive equal consideration for benefits.  (3) The deputy director of the appropriate division of the department is authorized to promulgate such additional rules as deemed to be necessary to prevent abuse of benefits under this section, yet make available to the residents of this state who are eligible the full benefits of this section within the limitation of funds available therefor.    (d) The Secretary of the Department of Human Services, with the approval of the Governor and after obtaining the advice of the Legislative Council, may provide for an expanded comprehensive program of long-term care facility care for residents of this state if he or she deems the program advisable or appropriate in order to take advantage of expanded federal programs or participation therein, within the limitation of funds that may be available to the department therefor.  
 (a) The Governor is authorized to enter into compacts or agreements with one (1) or more public-supported hospitals located within a reasonable distance from the Arkansas border which are used as teaching hospitals for state-supported medical schools in adjoining states. Under the terms of these agreements, the public-supported teaching hospitals shall agree to furnish medical and hospital services for indigent citizens of this state where payment is not available through public welfare or other programs and, upon the payment for these services, from the appropriation provided for by law, of an amount required to reasonably reimburse the public-supported hospital for the costs of these services.  (b) For the purposes of this section, a public-supported hospital within a reasonable distance from the border of this state means a public-supported hospital located within fifty (50) miles of the border of Arkansas.  (c) In determining the amount of payments to be made to any public-supported hospital used as a teaching hospital as provided in subsections (a) and (b) of this section, the Governor shall determine the extent to which medical and hospital services have been received by Arkansas citizens during previous years. These payments shall be based upon reasonable estimates of the cost of providing medical services for the year in which payments are to be made.  (d) Each agreement shall be for a fiscal year period but may be renewed, provided funds are appropriated for that purpose, upon mutual agreement of the Governor and the appropriate officials of the public-supported hospital in the other state.  
 (a) It is the specific intent of this section and  20-77-105 to prohibit any provider of medical services who participates in the Arkansas Medicaid Program to bill or receive payment from any Medicaid-eligible person, his or her spouse, relative, guardian, or any other prospective payee for services or considerations for which payment is either payable in full or has been paid in full by the program.  (b) It is not the intent of this section and  20-77-105 to eliminate any copayment requirement on the part of any Medicaid-eligible person or his or her payee as required or as provided for in the Arkansas state plan for Medicaid as approved by the United States Department of Health and Human Services.  (c) It is the intent of this section and  20-77-105 to prohibit any payment by any Medicaid-eligible person or his or her payee in excess of the rate or fee for service that the medical services provider has agreed to accept as payment in full as evidenced by written agreement or contract to participate in the program.  
 (a) Any provider of medical services which shall be determined by the administrator of the single state agency for Medicaid to purposely engage in the practice of seeking or receiving double or duplicate payments for the same services either through double billing or through any other device may be suspended from the Arkansas Medicaid Program for a period of time not less than ninety (90) days or not more than one (1) year.  (b) In addition, as a condition of and before reinstatement to the program, the medical services provider shall make full and reasonable restitution to the Medicaid-eligible person or his or her payee for all payment collected.  
 (a) The Arkansas Children's Hospital, as recognized by  20-78-102, is authorized to enter into agreements with the appropriate division of the Department of Human Services to establish and maintain a medical services program for Medicaid-eligible patients of the Arkansas Children's Hospital and to transfer funds to the Medical Services Fund Account pursuant to such an agreement.  (b) Such an agreement between the Arkansas Children's Hospital and the appropriate division of the department shall be in compliance with federal law and shall meet the qualifications necessary for federal funds to be paid for the care of eligible patients in the Arkansas Children's Hospital.  (c) The Chief Fiscal Officer of the State shall make rules for the transfer of state funds appropriated for the Arkansas Children's Hospital in order to reimburse the account for expenditures made by the appropriate division of the department in accordance with agreements made between the Arkansas Children's Hospital and the appropriate division of the department.  
 (a)  (1) The appropriate division of the Department of Human Services is authorized to establish and maintain an indigent medical care program.  (2) However, eligibility rules for the ARKids First Program Act,  20-77-1101 et seq., shall not include an assets or a resource test for children or families of children eighteen (18) years of age or younger.    (b) The Secretary of the Department of Human Services is further authorized to enter into separate agreements with the University of Arkansas for Medical Sciences and private institutions in order to provide maximum medical care for the indigent persons of this state.  (c) The secretary may enter into agreements with private or public entities to assist in the enforcement of rules of an indigent medical program, including:  (1) Utilization review; and  (2) Professional review of providers participating in the program.    (d)  (1) The secretary shall ensure that any entity with whom the Department of Human Services contracts to assist in the enforcement of rules of an indigent medical program will fulfill its duties in accordance with state and federal law, rules, and regulations.  (2) The secretary may terminate any contractor who excessively burdens the State of Arkansas with the defense of appeals of sanctions or citations of deficiencies that are resolved in favor of the program provider.    (e) Nothing in this subchapter shall be construed to permit the Department of Human Services or any entity with whom it contracts to enforce any rules or regulations that are not lawfully promulgated pursuant to federal or state law, provided that the Department of Human Services and any entity with whom it contracts may rely on official publications of the United States Department of Health and Human Services for the administration of the Arkansas Medicaid Program and other rules, regulations, standards, guidance, or information that apply to the Arkansas Medicaid Program by reference in statute, promulgated regulation, rule, or official federal publication.  (f) The secretary shall ensure that the professional review of providers, except long-term care facilities and their reviewers, participating in the program complies with the following:  (1) The party conducting any professional reviews of providers participating in the program shall be knowledgeable in the specific areas of law, rules, and regulations being enforced;  (2)  (A) Every citation or deficiency cited to a provider shall refer by source and number to the authority upon which the citation or deficiency is based.  (B) However, the requirement of subdivision (f)(2)(A) of this section does not limit the Department of Human Services and any entity with whom it contracts in the exercise and application of professional medical judgment in determining when and under what circumstances care is medically necessary;    (3) The professional review process shall include an informal dispute resolution process to allow the provider to challenge the citation or deficiency cited or sanction to a person other than the person making the citation as defined by the secretary;  (4) The secretary shall establish a system to ensure standard and consistent application of sanctions and citations or deficiencies among surveyors in different areas of the state; and  (5) The secretary shall establish a process for program providers to appeal a decision of a reviewer pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq.    
 (a) Every nonprofit corporation, except those licensed under  20-9-201 et seq., which is eligible to receive payments of twenty-five thousand dollars ($25,000) or more for services supplied as a Medicaid provider shall, as a condition of enrollment, provide the Department of Human Services with an annual financial and compliance audit. The audit shall cover the entire operations of the nonprofit organization and be in accordance with the Guidelines for Financial and Compliance Audits of Programs Funded by the Arkansas Department of Human Services as promulgated by the department.  (b) Every nonprofit corporation licensed under  20-9-201 et seq. which is eligible to receive payments of twenty-five thousand dollars ($25,000) or more for services supplied as a Medicaid provider shall, as a condition of enrollment, provide the department with an annual financial audit. The audit shall cover the entire operations of the organization and be in accordance with the Guidelines for Financial and Compliance Audits of Programs Funded by the Arkansas Department of Human Services.  (c) The department is specifically authorized to promulgate rules establishing subrecipient and provider audit requirements for all programs funded through the department.  
 (a) By accepting Medicaid assistance for or on behalf of a child, the recipient thereof shall be deemed to have assigned to the Office of Child Support Enforcement and any appropriate division of the Department of Human Services any rights to medical support, and for collection and distribution under Title IV-D of the Social Security Act, any rights to child support from any other person as the recipient may have:  (1) In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and  (2) Accrued at the time the assistance, or any portion thereof, is accepted.    (b) The recipient shall have the right to revoke the assignment for the collection and distribution of child support by requesting revocation of the assignment in writing. However, a revocation shall not affect the requirements of  20-77-307.  (c) Support rights assigned to the department under this section shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes.  (d) The appropriate division of the department shall give notice, in writing, to each applicant for assistance. The notice shall state that acceptance of assistance would invoke the provisions of subsection (a) of this section and result in an assignment under subsection (a) of this section.  
 Notwithstanding any other provision in federal law or departmental commitment which may exist to the contrary, the Department of Human Services shall not increase any reimbursement rate to any provider or provider groups supported in whole or in part by funds administered by the department, nor shall it adopt any other rule or amendment to the Arkansas Medicaid Program that would result in an obligation of the general revenues of the state without first seeking and receiving the approval of the Governor and the Chief Fiscal Officer of the State. 
 (a) The Secretary of the Department of Human Services shall cause to be prepared a compilation of data on the Arkansas Medicaid Program.  (b)  (1) The report shall be issued quarterly and shall include comparisons of expenditures and recipients for the quarter with those of the previous quarters and for the same period the previous year.  (2) It shall include other comparisons in the format as may be requested by the Legislative Council, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof to which the reports are to be delivered.    (c)  (1) The report shall also identify any changes in eligibility requirements, level of benefits, methods or rates of reimbursement, and any program adjustments implemented to achieve savings in any category of the program.  (2) The report shall also identify any increase or decrease in expenditures as a result of any of these changes in the program.    
 Personal care reimbursement rates shall be established at twelve dollars and thirty-five cents ($12.35) per unit or at lesser amounts as may be established for a program of client-directed personal care which may be developed and implemented by the Department of Human Services. 
 (a) The General Assembly finds that:  (1) The income of many elderly Arkansans slightly exceeds the Medicaid eligibility level;  (2) Without adequate health care, many elderly Arkansans will develop more serious health problems, causing them to become debilitated and resulting in loss of independence, higher health costs, and possibly death; and  (3) Expanded Medicaid coverage would improve the health of elderly Arkansans, extend their lives, and reduce their health costs.    (b) When funds become available, the Department of Human Services shall raise the resource eligibility limit for persons sixty-five (65) years of age and over to four thousand dollars ($4,000) for a single individual and six thousand dollars ($6,000) for a married couple.  
 (a) As used in this section:  (1) Adverse action means the denial, termination, suspension, or reduction of Medicaid eligibility or covered services; and  (2) Beneficiary means:  (A) A person who has applied for medical assistance under the Arkansas Medicaid Program; or  (B) A person who is a recipient of medical assistance under the Arkansas Medicaid Program.      (b) If an application or claim for medical assistance is denied, in whole or in part, or is not acted upon with reasonable promptness, the Department of Human Services shall provide written notice:  (1) Of the beneficiary's right and opportunity for a fair hearing under the Arkansas Administrative Procedure Act,  25-15-201 et seq.;  (2) Of the method by which the beneficiary may obtain a fair hearing; and  (3) That the beneficiary may:  (A) Represent himself or herself; or  (B) Be represented by:  (i) Legal counsel;  (ii) A friend; or  (iii) Any other spokesperson except a corporation.        (c) A notice required under subsection (b) of this section shall include, but not be limited to:  (1) A statement detailing:  (A) The type and amount of medical assistance that the beneficiary has requested; and  (B) The adverse action that the department has taken or proposes to take; and    (2) A statement of the reasons for the adverse action that shall include, but not be limited to:  (A) The specific facts regarding the individual beneficiary that support the action; and  (B) The sources from which the facts were derived.      (d) If the adverse action that the department has taken or proposes to take is based on a determination of medical necessity or other clinical decision, the notice required under subsection (b) of this section shall:  (1)  (A) Include all of the following:  (i) Specification of the medical records upon which the physician or clinician relied in making the determination; and  (ii) Specification of any portion of the criteria for medical necessity or coverage that is not met by the beneficiary.    (B) Generic rationales or explanations shall not suffice to meet the requirements of subdivision (d)(1)(A) of this section;    (2)  (A) Include a statement of:  (i) The specific rules or regulations that support the adverse action; or  (ii) The change in federal or state law, if any, since the application was filed, that requires the adverse action.    (B) The information required under subdivision (d)(2)(A) of this section shall include a brief statement of the reasons for the adverse action based on the individual beneficiary's circumstances.  (C) The department and others acting on behalf of the department may not cite or rely on policies that are inconsistent with federal or state laws, rules, and regulations or that were not properly promulgated; and    (3) Include an explanation of:  (A) The beneficiary's right to request a fair hearing, if available; or  (B) In cases of an adverse action based on a change in law:  (i) The circumstances under which a fair hearing will be granted; and  (ii) An explanation of the circumstances under which medical assistance is provided or continued if a fair hearing is requested.        (e)  (1) If a beneficiary appeals an adverse action under the Arkansas Administrative Procedure Act,  25-15-201 et seq., the reviewing authority shall consider only those adverse actions that were included in the written notice to the beneficiary as required under subsections (c) and (d) of this section.  (2) All determinations of the medical necessity of any request for medical assistance shall be based on the individual needs of the beneficiary and his or her medical history.    (f) If the department receives an appeal from a beneficiary regarding an adverse action, the department shall provide the beneficiary all records or documents pertaining to the department's decision or the department's contractor's decision to take the adverse action.  (g) If the adverse action is based upon a determination that the requested medical assistance is, or was, not medically necessary, the records and documents required to be provided under this section shall include all relevant material produced by the department or a contractor of the department that contains relevant information concerning the medical necessity determination.  
 (a) To the extent required by federal law, the Division of Medical Services of the Department of Human Services shall designate a survey agency to conduct restraint and seclusion surveys in psychiatric residential treatment facilities for children as defined in  9-28-402.  (b) No designation by the division shall act as a waiver of the provisions of  9-28-407(a)(3) or any other applicable law governing child welfare agencies.  
 (a) As used in this section:  (1) Drug Review Committee means physicians and pharmacists who perform unbiased reviews of drugs to determine which drugs should be recommended for inclusion on the Preferred Drug List maintained by the Division of Medical Services of the Department of Human Services;  (2) Emergency override means a process developed by the division that permits a pharmacist to obtain immediate permission to dispense an emergency supply of a drug prescribed by the treating physician to treat a medical emergency and for which Medicaid will provide reimbursement;  (3) Fail-first means the requirement that a Preferred Drug List drug be utilized before the use of a non-Preferred Drug List drug;  (4) Override means a process developed by the division that permits a physician to request review of and to seek permission to prescribe a non-Preferred Drug List drug for which Medicaid will provide reimbursement;  (5) Preferred Drug List means a list of drugs within a class of drugs for which Medicaid will provide reimbursement without need of a prior authorization; and  (6) Unbiased review means a review by physicians and pharmacists, selected, approved, or appointed by the division, of scientific evidence to determine the comparative effectiveness and safety of healthcare treatments of drugs within a class.    (b) In the event that the division institutes a fail-first practice or policy for drugs for the treatment of asthma or other respiratory diseases, the division shall provide a process to request an override.  (c) In cases of medical emergencies resulting from asthma or other acute respiratory diseases, the dispensing pharmacist shall seek an emergency override before dispensing the emergency supply of drug or drugs to treat the medical emergency condition.  
 (a) As used in this section:  (1) Autism spectrum disorder means a neurobiological condition that causes significant communication, social, and behavioral challenges that is diagnosed by a team of professionals, including without limitation a licensed physician, licensed psychologist, and a licensed speech-language pathologist;  (2) Evidence-based strategies means treatments that have been proven effective with children diagnosed with autism spectrum disorder as established by the National Standards Report by the National Autism Center; and  (3) Intensive early intervention treatment means individualized treatment utilizing evidence-based strategies based on a detailed assessment of the child that occurs:  (A) In the home of the child;  (B) In the presence of the parent or legal guardian of the child; and  (C) For a maximum period of twenty-five (25) hours per week.      (b)  (1) The Department of Human Services shall seek a Medicaid waiver from the Centers for Medicare & Medicaid Services to provide intensive early intervention treatment to any eligible child who has been diagnosed with an autism spectrum disorder.  (2)  (A) The waiver shall be for children eighteen (18) months of age through seven (7) years of age.  (B) A child shall not participate in the Medicaid waiver under this section for more than three (3) years.  (C) The Medicaid waiver under this section shall not pay more than fifty thousand dollars ($50,000) annually per child.    (3) The waiver shall seek to develop skills of children in the areas of cognition, behavior, communication, and social interaction.    (c)  (1) The department shall apply for the Medicaid waiver under this section only as funding becomes available for that purpose.  (2) No later than January 1, 2016, the department shall apply to add an additional fifty (50) eligibility slots to the Medicaid waiver for autism, to the extent that appropriation and funding are available.    
 (a) As used in this section:  (1) Healthcare provider means a person enrolled to provide health or medical care services or goods authorized under Medicaid;  (2) Medicaid means the medical assistance program provided in this state under Title XIX of the Social Security Act of 1965, 42 U.S.C.  1396 et seq., including components of the program;  (3) Medicaid integrity audit contract means a contract required under federal law between the Department of Human Services and a Medicaid integrity audit program contractor to:  (A) Review the actions of healthcare providers furnishing services or goods for which payment may be made under the Arkansas Medicaid Program to determine whether fraud, waste, or abuse has occurred or is likely to occur, or whether fraud, waste, or abuse has the potential for resulting in an expenditure of Medicaid funds that is not intended under the Arkansas Medicaid Program;  (B) Audit Medicaid claims to ensure proper payments were made; or  (C) Identify overpayments made to individuals or entities receiving Medicaid funds; and    (4) Person means any individual, company, firm, organization, association, corporation, or other legal entity.    (b) The Division of Medical Services of the Department of Human Services shall not enter into a Medicaid integrity audit contract that authorizes all or part of an auditor's compensation to be based, directly or indirectly, on the amount of overpayments identified or collected by the auditor.  (c)  (1) Within forty-five (45) days after April 11, 2013, the division shall seek a waiver from the Centers for Medicare & Medicaid Services of the requirement that recovery audit contractors, as identified in 42 U.S.C.  1396a(a)(42)(B), be paid on a contingent fee basis by submitting an amendment to the Medicaid state plan to implement the requirements of this section.  (2)  (A) Except as under subdivision (c)(2)(B) of this section, this section does not apply to:  (i) A contract with a Medicaid integrity audit contractor entered into before the state plan amendment is approved by the Centers for Medicare & Medicaid Services; or  (ii) An existing contingent fee contract entered into before July 1, 2013.    (B) An existing contingent fee contract shall not be renewed from and after July 1, 2013, April 11, 2013, or the date a waiver from the Centers for Medicare & Medicaid Services becomes effective, whichever is later.      
 (a) From and after the date that a state plan amendment submitted under  20-77-125 is approved by the Centers for Medicare & Medicaid Services,  20-77-125 shall supersede and replace  17-92-1201(f) with regard to Medicaid integrity audits of pharmacies and pharmacists, but all other subsections of  17-92-1201 shall continue in full force and effect with regard to Medicaid integrity audits.  (b) Section 17-92-1201 is not affected by  20-77-125 with regard to audits conducted by or on behalf of a person or entity other than Medicaid integrity audits under subsection (a) of this section.  
 (a) The eligibility determination regarding every applicant for long-term care nursing facility placement shall be made according to the criteria exactly as set forth in:  (1) The Office of Long-Term Care Procedures for Determination of Medical Need for Nursing Home Services, as it existed on January 1, 2013; and  (2) The Medical Services Policy Manual of the Division of County Operations of the Department of Human Services, as it existed on January 1, 2013.    (b) The eligibility determination criteria established under subsection (a) of this section and any part of subsection (a) of this section shall not be modified, altered, amended, or changed before June 30, 2014.  (c)  (1)  (A) Under 42 C.F.R.  435.725, certain amounts of income may be deducted from income to:  (i) Calculate the amount certain institutionalized recipients of long-term care Medicaid must contribute to the cost of their care; and  (ii) Determine the amount by which the Medicaid payment to the institution is to be reduced.    (B) The federal regulations also provide for deduction amounts for incurred expenses for necessary medical or remedial care recognized under state law but not covered under the state's Medicaid plan, subject to reasonable limits the agency may establish on amounts of these expenses, which are commonly referred to as Medicaid income offsets.    (2) The Department of Human Services shall clarify the proper administration of 42 C.F.R.  435.725, as it existed on January 1, 2017, by creating and promulgating rules that:  (A) Identify and define the types of expenses that are not covered by the Medicaid state plan that are potentially eligible for Medicaid income offsets;  (B) Identify the types of expenses that are not eligible for Medicaid income offsets;  (C) Define a process for determining whether the medical or remedial service is medically appropriate and necessary and not covered under the Medicaid state plan; and  (D) Set reasonable limits on the amounts allowed for eligible Medicaid income offsets.      
 (a) As used in this section, caregiver means an individual who has responsibility for the protection, in-home care, or custody of a Medicaid enrollee as a result of assuming the responsibility by contract.  (b)  (1) A caregiver shall submit to a drug screen that tests for the use of illegal drugs through a program established by the Department of Human Services.  (2) A drug screen under this section shall be administered to:  (A) A caregiver on or after September 1, 2013; and  (B)  (i) A random sampling of caregivers on or after September 1, 2013.  (ii) The random sampling shall be designed to ensure that each caregiver is tested for illegal drug use under this section at least one (1) time every five (5) years.  (iii) A caregiver who has been tested through a home health agency within the previous five (5) years for the use of illegal drugs may satisfy the testing requirement under this subsection by providing verification of the home health agency test.      (3)  (A) A caregiver who refuses to submit to a drug screen required under this section or who tests positive for the use of illegal drugs in a drug screen required under this section shall be ineligible for employment paid with Medicaid funds for six (6) months after the date of the refusal or the date of the positive test result.  (B)  (i) After the six-month period under subdivision (b)(3)(A) of this section, the caregiver may volunteer to undergo a new test for the use of illegal drugs under this section.  (ii) If the caregiver tests positive for the use of illegal drugs in a voluntary drug screen under this section, the caregiver shall be ineligible for future employment paid with Medicaid funds.        (c)  (1) The Department of Human Services shall:  (A) Require a state criminal background check of a caregiver and of an applicant to become a caregiver by the Identification Bureau of the Department of Arkansas State Police that conforms to the applicable standards; and  (B) For a person who has not resided continuously in Arkansas during the previous five (5) years, require a federal criminal background check of a caregiver and of an applicant to become a caregiver by the Federal Bureau of Investigation that conforms to the applicable standards and includes the taking of fingerprints.    (2) A caregiver or an applicant to become a caregiver shall pay for the payment of any fee associated with the criminal background check under this subsection.  (3) Before a criminal background check is performed, a caregiver or an applicant to become a caregiver shall sign a release authorizing the criminal background check.  (4) Upon completion of the criminal background check, the Identification Bureau of the Department of Arkansas State Police shall forward to the Department of Human Services information obtained concerning the caregiver or applicant to become a caregiver that indicates that the caregiver or applicant to become a caregiver has pleaded guilty or nolo contendere to or has been found guilty of a felony or crime involving moral turpitude or dishonesty.  (5) The results of the criminal background check shall be used by the Department of Human Services to determine the suitability of:  (A) An applicant to become a caregiver paid with Medicaid funds; or  (B) A caregiver for continued employment paid with Medicaid funds.    (6) A caregiver or applicant to become a caregiver who has pleaded guilty or nolo contendere to or has been found guilty of a felony or crime involving moral turpitude or dishonesty shall not be employed to provide services paid with Medicaid funds.  (7) The criminal background information of a caregiver or applicant to become a caregiver is confidential.    (d)  (1) The Department of Human Services shall adopt rules to implement this section.  (2) If necessary, the Department of Human Services shall seek a waiver from the Centers for Medicare & Medicaid Services for approval of the rules adopted under this section.    
 (a) As used in this section:  (1) Ambulatory surgery center means an entity certified by Medicare as an ambulatory surgical center that operates for the purpose of providing surgical services to patients and that is eligible to receive reimbursement from Medicaid for ambulatory surgery services;  (2) Ambulatory Surgery Center Medicaid Procedure Code means appropriate:  (A) Current Procedural Terminology codes representing procedures that do not appear on the Medicare hospital inpatient-only list or Medicaid hospital inpatient-only list and that are medically necessary and not solely for cosmetic treatment or surgery; or  (B) Comparable Current Procedural Terminology codes adopted and assigned under this section, representing procedures that do not appear on the Medicaid hospital inpatient-only list, are medically necessary, and are not solely for cosmetic treatment or surgery;    (3) Ambulatory Surgical Center Medicaid reimbursement rate for appropriate procedures means ninety-five percent (95%) of ambulatory surgical center Medicare reimbursement that is currently effective for applicable Ambulatory Surgical Center Medicaid Procedure Codes;  (4) Appropriate procedure means a surgical procedure or other procedure commonly performed in an ambulatory surgery center setting that is not on:  (A) The Medicaid hospital inpatient-only list or Medicare hospital inpatient-only list; or  (B) The Medicaid hospital inpatient-only list for which a comparable Current Procedural Terminology code has been adopted and assigned under this section;    (5) Current Procedural Terminology code means the codes that are commonly used in the healthcare industry to identify services that are provided;  (6) Hospital inpatient-only list means a listing kept by the Centers for Medicare & Medicaid Services of procedures that should be performed on an inpatient basis only with separately recorded lists for Medicare and Medicaid;  (7) Hospital outpatient procedure department means a hospital-based ambulatory surgery center that bills in accordance with the Outpatient Hospital Services Medicaid Provider Guide; and  (8) Relative Value Unit means a service unit value measured in relation to the values of other services and involving a Current Procedural Terminology code that, when multiplied by the conversion factor and a geographical adjustment, creates the compensation level for a particular service.    (b) The purpose of this act is to decrease costs to Medicaid while increasing access to care by Arkansas's Medicaid population.  (c)  (1) An appropriate procedure may be performed at an ambulatory surgery center or a hospital outpatient procedure department.  (2) If an appropriate procedure is performed at an ambulatory surgery center, the appropriate procedure and any appropriate implantable devices shall be billed using the Ambulatory Surgery Center Medicaid Procedure Codes and reimbursed pursuant to the Ambulatory Surgery Center Medicaid reimbursement rate for appropriate procedures.    (d)  (1) Upon request by, and in consultation with, the Arkansas Ambulatory Surgery Association, its successor, or an ambulatory surgery center, the Department of Human Services may adopt and assign an appropriate Current Procedural Terminology code for an appropriate procedure based on a Relative Value Unit for a comparable procedure not on the Medicaid hospital inpatient-only list, if the appropriate procedure:  (A) Is not on the Medicaid hospital inpatient-only list but is on the Medicare hospital inpatient-only list; or  (B) Is a medically necessary surgical service that is not on the Medicaid hospital inpatient-only list, for which there is no corresponding reimbursement value recited in the current Medicare ambulatory surgery center fee schedule.    (2) A comparable Current Procedural Terminology code adopted and assigned under this section shall be reimbursed at ninety-five percent (95%) of the Medicare ambulatory surgical center reimbursement rate for the comparable procedure.  (3) A request for the adoption and assignment of a comparable Current Procedural Terminology code shall be submitted and approved before the appropriate procedure is performed.    (e) A reimbursement payment made under this section may not exceed the Medicaid upper payment limit as established by the Centers for Medicare & Medicaid Services.  
 (a) As used in this section, affected Medicaid entity means an individual or entity that:  (1) Provides and is directly reimbursed by Medicaid for services in the Arkansas Medicaid Program;  (2) Is required to submit an annual financial audit to the Department of Human Services; and  (3) Is required to file a state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year.    (b)  (1) On or before December 1 of each year, the Department of Human Services shall provide the Department of Finance and Administration with a list of the tax identification number of each person and entity enrolled to furnish Medicaid services as an affected Medicaid entity.  (2) The Department of Finance and Administration shall:  (A) Verify whether each person and entity enrolled to furnish Medicaid services identified to it under subdivision (b)(1) of this section filed and paid any state income tax liability owed for the tax year for which the return was due; and  (B) Notify the Department of Human Services if any affected Medicaid entity failed to file any state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year.    (3) Upon receiving notice from the Department of Finance and Administration under subdivision (b)(2) of this section, the Department of Human Services shall notify the affected Medicaid entity that the Department of Human Services will terminate the affected Medicaid entity's enrollment in the Arkansas Medicaid Program unless the affected Medicaid entity shows good cause why the affected Medicaid entity's Medicaid enrollment should continue.    (c) The Department of Human Services and the Department of Finance and Administration may adopt rules as needed to implement this section.  
 (a) As used in this section, entity means:  (1) A corporation, including without limitation a professional, medical, or dental corporation;  (2) A limited liability company, including without limitation a professional, medical, or dental limited liability company; and  (3) A partnership, including without limitation a limited partnership.    (b)  (1) For the purpose of determining whether an overpayment must be refunded to the United States Government, the Director of the Division of Medical Services of the Department of Human Services is authorized to determine and certify that a Medicaid provider is out of business and that an overpayment owed by the provider cannot be collected under state law and procedures.  (2) The director may make this determination on the basis of any facts and circumstances deemed relevant and material by the director.    (c) For the purpose of this section, the director may conclusively presume a provider to be out of business as of:  (1) The date of suspension, expiration, surrender, or revocation of a license or certification required for the provider to operate; or  (2) For a provider that did business in the form of an entity, the date of the:  (A) Dissolution of the entity;  (B) Occurrence of an event which would trigger dissolution; or  (C) Forfeiture or revocation of the entity's charter or authority to do business by the Secretary of State or other state authority.      (d) A determination or certification made by the director under this section:  (1) Does not abrogate, limit, or modify a provider's debt or obligation to repay;  (2) Is not a defense to recoupment of Medicaid payments from a provider; and  (3) May not serve as the basis for an adverse action against a provider.    (e) The Department of Human Services may promulgate rules to administer this section.  
 (a) As used in this section, diagnosis-related group methodology means a system of classification of diagnoses and procedures based on the International Classification of Diseases, Tenth Revision, Clinical Modification, also known as ICD-10-CM, including without limitation:  (1) The all-patient refined diagnosis-related groups system; and  (2) The enhanced ambulatory procedure grouping system.    (b) To the extent possible, the Department of Human Services shall convert the hospital reimbursement systems under the Arkansas Medicaid Program to a diagnosis-related group methodology to allow more accurate classification of patient populations and description of mortality risks and severity of patient illness.  (c)  (1) The department shall promulgate rules to implement this section.  (2) The rules adopted under subdivision (c)(1) of this section shall address:  (A) How supplemental payments to hospitals shall be considered;  (B) Whether funding for the transition from per diem reimbursement to diagnosis-related group methodology shall be provided to hospitals; and  (C) Whether certain types of hospital providers shall be exempt from the diagnosis-related group methodology.      (d)  (1) The department, in coordination with the Arkansas Hospital Association, Inc., shall develop a plan for the conversion of the hospital reimbursement systems under the Arkansas Medicaid Program as described in subsection (b) of this section.  (2) The conversion plan shall:  (A) Include estimates of the impact of the conversion on all state and federal funds used for hospital payment, including without limitation any impact on critical-access hospitals; and  (B) Be submitted to the Legislative Council for review on or before January 1, 2018.      
 (a) As used in this section:  (1) Emergent care clinic means a walk-in clinic focused on the delivery of ambulatory care in a facility outside of traditional emergency care; and  (2) Walk-in clinic means a medical clinic that accepts patients on a walk-in basis and without an appointment.    (b) When a Medicaid beneficiary who does not have an assigned primary care provider utilizes or attempts to utilize a walk-in clinic or emergent care clinic, the walk-in clinic or emergent care clinic shall not decline to treat the patient due to his or her lack of a primary care provider.  (c) The Arkansas Medicaid Program shall reimburse for up to four (4) healthcare visits per year at a walk-in clinic or emergent care clinic when the Medicaid beneficiary does not have a primary care provider assigned if the walk-in clinic or emergent care clinic is associated with a hospital.  
 (a) On or before January 1, 2018, the Department of Human Services shall adopt rules to allow a Medicaid recipient direct access to a chiropractic physician.  (b) Rules adopted under this section shall:  (1) Allow a Medicaid recipient to receive diagnosis and treatment from a chiropractic physician without a referral from a primary care physician;  (2) Direct the Division of Medical Services of the Department of Human Services to develop a process for reporting diagnosis, treatment, costs of services, and cost-savings benefits under this section; and  (3) Specify that a chiropractic physician who provides diagnosis or treatment, or both, under this section shall receive the same reimbursement as if the Medicaid recipient had been referred to the chiropractic physician by a primary care physician.    
 The Department of Human Services shall not disqualify or exclude an individual from participation in the Arkansas Medicaid Program based on a criminal background check if:   (1) The individual is employed as a peer support specialist or other similar position;  (2) The individual obtains certification in peer recovery by the Arkansas Substance Abuse Certification Board;  (3) The certification was obtained after the commission of a criminal offense;  (4) The criminal offense does not involve violence or a sexual act; and  (5) The certification process includes due process for appealing a decision based upon a disqualifying charge in the criminal background check.  
 (a) Annually in the month of August, the Arkansas Medicaid Program shall cover the cost of one (1) additional albuterol inhaler for a Medicaid beneficiary who has been prescribed an albuterol inhaler and who is under eighteen (18) years of age.  (b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendments, or other authority necessary to implement this section.  (c) This section applies to Medicaid beneficiaries in the fee-for-service Arkansas Medicaid Program and the managed care Arkansas Medicaid Program.  
 (a) As used in this section, ridesharing application means an online application that connects a passenger with a driver who is licensed under the Transportation Network Company Services Act,  23-13-701 et seq., for a fee.  (b) The Arkansas Medicaid Program may reimburse for the fee incurred through ridesharing applications to healthcare facilities or offices of healthcare professionals for a Medicaid beneficiary.  (c) Reimbursement shall not be available if the Medicaid beneficiary uses the ridesharing application to travel across state lines.  
 (a) The Department of Human Services shall ensure that the Arkansas Medicaid Program covers medications approved by the United States Food and Drug Administration for tobacco cessation, including without limitation:  (1) Nicotine replacement therapy patches;  (2) Nicotine replacement therapy gum;  (3) Nicotine replacement therapy lozenges;  (4) Nicotine replacement therapy nasal spray;  (5) Nicotine replacement therapy inhalers;  (6) Bupropion; and  (7) Varenicline.    (b) Prior authorization shall not be required for coverage of medications described in subsection (a) of this section.  
 (a) The Department of Human Services shall eliminate the waiting list as existing on March 1, 2019, for the Alternative Community Services Waiver Program, also known as the Developmental Disabilities Waiver, or successor program.  (b) The department shall meet the requirements of subsection (a) of this section as soon as possible but no later than three (3) years after July 24, 2019 by using available funding streams, unless the department determines that an adequate number of providers for individuals with developmental disabilities does not exist within the state.  (c) An individual who applies for coverage or enrolls in the program after March 1, 2019, may be placed on a waiting list if the department determines that adequate funding streams or resources are not available at the time of application or enrollment.  
 (a) The Department of Human Services shall establish the Donated Dental Services Program of Arkansas to coordinate the services of volunteer dentists and dental laboratories who will provide comprehensive dental care to needy, disabled, aged, and medically compromised individuals.  (b) The department may fulfill its obligations under this section by awarding a grant for the administration of the program.  (c) The department shall file a report with the Legislative Council on the program no later than September 1 of each year.  
 This subchapter shall be known and may be cited as the ARKids First Program Act. 
 The purpose and intent of this subchapter is to establish a program to provide access to appropriate healthcare services for eligible children in Arkansas. 
 For purposes of this subchapter:   (1) Family means a family as defined in the Medical Services Policy Manual of the Division of County Operations of the Department of Human Services; and  (2) Healthcare coverage means healthcare insurance as defined by rules promulgated by the Department of Human Services for the ARKids First Program.  
 (a) As used in this section:  (1)  (A) Healthcare coverage means healthcare insurance regulated by the State Insurance Department, including without limitation group and employer-sponsored health insurance plans.  (B) The Department of Human Services may by rule exclude other plans or coverage from the definition of healthcare coverage;    (2) Parity for mental health care means coverage for the diagnosis and mental health treatment of mental illnesses and the mental health treatment of individuals with developmental disabilities under the same terms and conditions as provided for covered benefits offered under the program for the treatment of other medical illnesses or conditions and with no differences in the program in regard to any of the following:  (A) The duration or frequency of coverage;  (B) The dollar amount of coverage; or  (C) Financial requirements; and    (3) Program means the ARKids First Program.    (b) The Department of Human Services shall administer the program.  (c)  (1) The Department of Human Services shall not enroll any population defined in this section until the Department of Human Services has sought and obtained approval from the Centers for Medicare & Medicaid Services necessary to allow the use of matching federal funds to provide program services to that population.  (2) The Department of Human Services shall apply to the Centers for Medicare & Medicaid Services for approval to enroll the populations defined in subdivisions (d)(4)(B) and (C) of this section.    (d) The Department of Human Services shall administer and promulgate rules for the program in a manner that:  (1) Provides for the automatic assignment of medical payments due under  20-77-302 and 20-77-307 as a condition of eligibility for benefits under the uninsured children's program;  (2) Defines the services to be covered under the program, including without limitation parity for outpatient mental health care;  (3) Establishes a copayment for services received in the program as determined through rules adopted by the Department of Human Services;  (4) Defines the population which may receive services provided or reimbursed through this program within the following limitations:  (A) Children eighteen (18) years of age or younger without healthcare coverage who are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines;  (B) Persons nineteen (19) years of age or older but less than twenty-one (21) years of age who:  (i) Are without healthcare coverage;  (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines;  (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and  (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming nineteen (19) years of age; or    (C) Persons twenty-one (21) years of age or older but less than twenty-five (25) years of age who:  (i) Are without healthcare coverage;  (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines;  (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and  (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming twenty-one (21) years of age.        (e) A person enrolled in the full Medicaid program shall not be concurrently enrolled in the program except as required by federal law.  (f)  (1) Subdivisions (d)(4)(B) and (C) of this section apply only to students who enroll as students in a public or private college, university, technical institute, technical college, or other institution of higher education no less than six (6) months after graduation from high school and who maintain a continuous enrollment each consecutive semester thereafter with no periods of time in which the person is not enrolled as a student, excluding regularly scheduled summer breaks.  (2) If a person who has enrolled in the program under subdivision (d)(4)(B) or subdivision (d)(4)(C) of this section is not enrolled as a student as set forth in subdivision (f)(1) of this section, the person shall not be entitled to healthcare coverage under the program and shall not be entitled to later resume coverage following a break in eligibility.    (g) Providers of covered services shall be enrolled as Medicaid providers, and reimbursement shall be at the rates established by the program.  
 (a) Funding for the uninsured children's program shall be derived from funds as may be provided by the General Assembly, copayments, and any federal matching funds available to the program.  (b) It is further the intent of this subchapter that funds appropriated by the General Assembly for the purpose of funding the uninsured children's program be used where appropriate and practical to match federal funding sources to enhance the total available funding for the operation of the uninsured children's program.  (c) The ARKids First Program shall operate only if funds are available for its operation.  
 This subchapter shall be known and may be cited as the Medicaid Program for Low-Income Disabled Working Persons. 
 The purpose and intent of this subchapter is to establish a new optional categorically needy Medicaid eligibility group under section 4733 of the Balanced Budget Act of 1997 to provide medical assistance to disabled working persons whose family incomes are less than two hundred fifty percent (250%) of the federal poverty guidelines. 
 As used in this subchapter, unless the context otherwise requires:   (1)  (A) Cost sharing means the portion of the cost of a Medicaid-covered service which must be paid at the point of service by the eligible individual.  (B) Cost sharing shall be set on a sliding scale based on income;    (2) Eligible individual means an individual who meets the disability assets and unearned income standards to receive supplemental security income, who would be considered to be receiving supplemental security income benefits but for his or her earned income;  (3) Family means family as defined in the Medical Services Policy Manual;  (4) Medicaid-covered service means physician, pharmacy, and hospital services covered for other categories of the Arkansas Medicaid Program; and  (5) Premium means a charge which must be paid by an applicant as a condition of enrolling in the low-income disabled working person category of Medicaid eligibility.  
 (a) The Department of Human Services is authorized to apply to the Centers for Medicare & Medicaid Services for approval to create and administer the low-income disabled working person category of Medicaid eligibility.  (b) The department shall promulgate rules for and administer the low-income disabled working person category of Medicaid eligibility in conformity with this subchapter with a state Medicaid plan amendment or waiver approved by the administration and in a manner that:  (1) Limits the population that may enroll in the low-income disabled working person category of Medicaid eligibility to eligible persons;  (2) Establishes premium and cost-sharing charges on a sliding scale based on income;  (3) Limits the services reimbursed to Medicaid-covered services furnished by providers enrolled as Medicaid providers;  (4) Limits reimbursements to the rates established by the department; and  (5) Provides for the automatic assignment of medical payments due as set out in  20-77-302 and 20-77-307 as a condition of eligibility for benefits under the low-income disabled working person category of Medicaid eligibility.    (c) A rule adopted under this section shall not include a test for income, assets, or resources.  
 (a) Funding for the low-income disabled working person category of Medicaid eligibility shall be derived from funds as may be provided by the General Assembly, premiums, cost sharing, and any federal matching funds available to the Medicaid Program for Low-Income Disabled Working Persons.  (b) It is further the intent of this subchapter that funds appropriated by the General Assembly for the purpose of funding the low-income disabled working person category of Medicaid eligibility be used where appropriate and practicable to match federal funding sources to enhance the total available funding for the operation of the program.  
 This subchapter may be cited as the Medical Assistance Programs Integrity Law. 
 (a) This subchapter is enacted to combat and prevent fraud and abuse committed by some healthcare providers participating in the medical assistance programs and by other persons and to negate the adverse effects those activities have on fiscal and programmatic integrity. The administrative sanctions imposed pursuant to this subchapter are intended to be in addition to those provided for in the Medicaid Fraud Act,  5-55-101 et seq., and the Medicaid Fraud False Claims Act,  20-77-901 et seq., and any proceeding brought hereunder shall not be a bar or defense to actions brought pursuant to these or other acts.  (b) The General Assembly intends to provide the Secretary of the Department of Human Services with the ability, authority, and resources to pursue administrative sanctions and liquidated damages to protect the fiscal and programmatic integrity of the medical assistance programs from healthcare providers and other persons who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth in this subchapter in order to obtain payments to which these healthcare providers or persons are not entitled.  
 As used in this subchapter, the following terms shall have the following meanings:   (1) Administrative adjudication means adjudication and the adjudication process contained in the Arkansas Administrative Procedure Act,  25-15-201 et seq.;  (2) Claim includes any request or demand, including any and all documents or information required by federal or state law or by rule, made against medical assistance programs funds for payment. A claim may be based on costs or projected costs and includes any entry or omission in a cost report or similar document, book of account, or any other document which supports, or attempts to support, the claim. A claim may be made through electronic means if authorized by the Department of Human Services. Each claim may be treated as a separate claim or several claims may be combined to form one (1) claim;  (3) [Repealed.]  (4) Healthcare provider means any person furnishing or claiming to furnish a good, service, or supply under the medical assistance programs, any other person defined as a healthcare provider by federal or state law or rule, and a provider-in-fact;  (5) Medical assistance programs means the Medical Assistance Program, Title XIX of the Social Security Act, commonly referred to as Medicaid, and other programs operated by and funded in the department which provide payment to persons or entities providing any good, service, or supply to a recipient;  (6) Order means a final order imposed pursuant to an administrative adjudication;  (7) Payment means the payment to a healthcare provider from medical assistance programs funds pursuant to a claim, or the attempt to seek payment for a claim;  (8) Recoupment means recovery through the reduction, in whole or in part, of payment to a healthcare provider;  (9) Rule means any rule promulgated by the department in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., and any federal rule or regulation promulgated by the United States Government in accordance with federal law; and  (10) Withhold payment means to reduce or adjust the amount, in whole or in part, to be paid to a healthcare provider for a pending or future claim during the time of a criminal, civil, or departmental investigation or proceeding or claims review of the healthcare provider.  
 (a)  (1) Pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., the Secretary of the Department of Human Services shall establish a process to review a claim made by a healthcare provider to determine whether the claim should be or should have been paid as required by federal or state law or rule.  (2) Claims review may occur before or after payment is made to a healthcare provider.  (3) The secretary may withhold payment to a healthcare provider during claims review if necessary to protect the fiscal integrity of the medical assistance programs, provided that the healthcare provider has an opportunity for a hearing within sixty (60) days of the date payment is withheld.    (b)  (1) The secretary may establish various types of administrative sanctions pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., which may be imposed on a healthcare provider or other person who violates any provision of this subchapter or any other applicable federal or state law or rule related to the medical assistance programs.  (2) Administrative sanction shall include any or all of the following: recoupment, posting of bond or other security, or a combination thereof; exclusion as a healthcare provider; or liquidated damages.    (c)  (1) The Department of Human Services shall conduct a hearing in compliance with the Arkansas Administrative Procedure Act,  25-15-201 et seq., at the request of a person who wishes to contest an administrative sanction imposed on him or her by the secretary.  (2) A party aggrieved by an order may seek judicial review in accordance with the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (3) Judicial review of the order shall be conducted in compliance with the Arkansas Administrative Procedure Act,  25-15-201 et seq.    (d) All state rules and regulations issued on or before July 30, 1999, shall be deemed to have been issued in compliance with the authority of this section.  
 The Secretary of the Department of Human Services may agree to settle an administrative sanction. The terms of the settlement shall be reduced to writing and signed by the parties to the agreement. The terms of the settlement shall be a public record. The settlement shall include the method and means of payment for recovery, including, but not limited to, adequate security for the full amount of the settlement. 
 This subchapter shall be known and may be cited as the Prescription Drug Access Improvement Act. 
 The purpose and intent of this subchapter is to authorize a Medicaid waiver to provide affordable prescription drugs for eligible persons sixty-five (65) years of age and over. 
 As used in this subchapter:   (1) [Repealed.]  (2) Medicaid means the Arkansas program of medical assistance established under Title XIX of the Social Security Act;  (3) Prescription Drug Access Program means the limited prescription drug benefit Medicaid waiver program established under this subchapter;  (4) Prescription drugs means controlled substances and legend drugs as defined in  20-64-503; and  (5) Waiver means the limited prescription drug benefit Medicaid waiver authorized by this subchapter.  
 The Department of Human Services may apply to the Centers for Medicare & Medicaid Services for a limited prescription drug benefit Medicaid waiver for persons who:   (1) Are sixty-five (65) years of age or over;  (2) Have no prescription drug coverage; and  (3) Have incomes and resources at or below the income-qualified and resource-qualified Medicare beneficiary eligibility standards established by the department.  
 Any waiver application submitted by the Department of Human Services shall include provisions for the department to:   (1)  (A) Establish an income eligibility standard not to exceed:  (i) Eighty percent (80%) of the federal poverty guideline for the period July 1, 2001, through June 30, 2002;  (ii) Ninety percent (90%) of the federal poverty guideline for the period July 1, 2002, through June 30, 2003; and  (iii) One hundred percent (100%) of the federal poverty guideline after June 30, 2003.    (B) Postpone or abolish any increases to the income eligibility standards if program costs exceed projections or if adequate funding is unavailable;    (2) Require qualified residents to pay an annual enrollment fee of twenty-five dollars ($25.00) during the biennium beginning July 1, 2001;  (3) Have the authority to amend the qualified resident enrollment fee by rule beginning July 1, 2003, provided that qualified resident enrollment fee increases may not exceed fifteen percent (15%) during any state fiscal year;  (4) Establish copayments of ten dollars ($10.00) for generic drugs and twenty dollars ($20.00) for name-brand drugs;  (5) Determine eligibility for limited prescription drug benefits under the waiver;  (6) Limit prescription drug benefits under the waiver to two (2) prescriptions per person per month; and  (7) Provide limited prescription drug benefits only in accordance with an approved waiver from the Centers for Medicare & Medicaid Services.  
 (a) The General Assembly finds that:  (1) The State of Arkansas currently ranks forty-sixth among the fifty (50) states for having the least healthy population;  (2) A major contributing factor to the state's low health ranking is its high percentage of uninsured persons;  (3) There is a significant gap in the state's healthcare safety net, especially with regard to working adults with low incomes; and  (4) New relationships are needed between the federal and state governments, local communities, healthcare providers, employers, and uninsured persons in this state so that healthcare services for the uninsured will be more accessible, more affordable, and more effective.    (b) Therefore, there is created a statutory framework for the establishment of community-based healthcare access programs that can serve as a bridge to connect and assist government, communities, and citizens to develop a more comprehensive and responsible healthcare system, one that seeks to expand access and education with regard to health services for economically disadvantaged, uninsured working adults.  
 As used in this subchapter:   (1) Community-based means based in, located in, or primarily relating to the community of geographically contiguous political subdivisions, as determined by the board of a community-based health cooperative, that will be or is served by the community-based healthcare access program initiated by the cooperative;  (2) Community-based healthcare access program means a program administered by a community-based health cooperative whereby hospital, medical, health education, and other healthcare services may be furnished by or through provider members of a community-based health network, or combination of networks, to uninsured residents of that community who are members of the program;  (3) Community-based health cooperative means a nonprofit corporation organized under the laws of this state that:  (A) Undertakes to establish, maintain, and operate a community-based healthcare access program; and  (B) Is governed by a board:  (i) With at least eighty percent (80%) of its members residing in the community; and  (ii) Including representatives of network providers; and      (4) Community-based health network means a contract-based network organized by a community-based health cooperative to provide or support the delivery of healthcare services to members served by the community-based healthcare access program.  
 (a) A community-based health cooperative shall administer a community-based healthcare access program in a manner that:  (1) Defines the population that may receive subsidized services provided through the community-based healthcare access program by limiting program eligibility to adults between eighteen (18) years of age and sixty-five (65) years of age who:  (A) Are residing in or working in the community being served by the community-based healthcare access program;  (B) Are without healthcare coverage;  (C) Are not eligible for Medicare, Medicaid, or other similar government programs;  (D) Have an income not exceeding two hundred percent (200%) of the federal poverty level, as in effect January 1, 2003; and  (E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board of directors of the community-based health cooperative;    (2) Defines the population that may receive unsubsidized services provided through the community-based healthcare access program by limiting community-based healthcare access program eligibility to adults between eighteen (18) years of age and sixty-five (65) years of age and their dependent children who:  (A) Are residing in or working in the community being served by the community-based healthcare access program;  (B) Are without healthcare coverage;  (C) Are not eligible for Medicare, Medicaid, ARKids First, or similar government programs;  (D) Have an income not exceeding three hundred percent (300%) of the federal poverty guidelines or are full-time employees of the community-based health cooperative; and  (E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board;    (3) Provides for the automatic assignment of medical payments due the client member of the community-based healthcare access program to the community-based health cooperative as a condition of eligibility;  (4) Defines the services to be covered under the community-based healthcare access program; and  (5) Establishes copayments for services received by client members of the community-based healthcare access program.    (b) To promote the most efficient use of resources, community-based health cooperatives shall emphasize in client member agreements and provider member agreements:  (1) Disease prevention;  (2) Early diagnosis and treatment of medical problems; and  (3) Community-care alternatives for individuals who would otherwise be at risk to be institutionalized.    (c)  (1) A community-based health cooperative shall file with the Insurance Commissioner the community-based healthcare access program it develops.  (2) The filing with the commissioner shall be for review purposes only and shall neither require approval or disapproval by the commissioner.  (3) The information filed with the commissioner shall include an actuarial certification.  (4) For the purposes of this subsection, actuarial certification means a written statement by a member of the American Academy of Actuaries or other individuals acceptable to the commissioner that the community-based healthcare access program is actuarially sound based upon the person's examination, including a review of the appropriate records and methods utilized by the community-based health cooperative in establishing premium rates for the community-based healthcare access program.    
 Whenever feasible, community-based health cooperatives shall participate actively with area health education center programs in developing and implementing recruitment, training, and retention programs directed at positively influencing the supply and distribution of healthcare professionals serving in or receiving training in rural health network areas. 
 A community-based health cooperative may make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment to the articles of incorporation. 
 (a) In order to demonstrate community-based healthcare access program viability and effectiveness, a community-based health cooperative shall collect data and, upon request, make available a report to the appropriate interim committees of the Senate and House of Representatives.  (b) Data shall include:  (1) The results of client member surveys;  (2) The results of provider member surveys;  (3) The results of community-need-assessment surveys; and  (4) Other data as may be relevant to the community-based healthcare access program.    (c) The report shall include recommendations with regard to criteria and priorities for improvement and expansion of the community-based healthcare access program.  
 No community-based health cooperative shall be deemed to be engaged in the corporate practice of medicine. 
 No liability on the part of and no cause of action of any nature shall arise against any member of the board of directors of a community-based health cooperative or against an employee or agent of a community-based health cooperative for any lawful action taken by them in the performance of their administrative powers and duties under this subchapter. 
 (a)  (1) Community-based health cooperatives shall not be considered or regulated as any type of entity governed by Title 23 of the Arkansas Code.  (2) No program offered by a community-based health cooperative shall be subject to regulation under Title 23 of the Arkansas Code.    (b) An entity subject to regulation under Title 23 of the Arkansas Code that contracts with a community-based health cooperative to provide or to arrange for the provision of secondary or tertiary services to client members of a community-based healthcare access program may not be required to comply with any provision of Title 23 of the Arkansas Code that mandates the provision of certain benefits, mandates the provision of a certain level of benefits, or both, regarding client members of a program. The exemption from regulation under Title 23 of the Arkansas Code shall apply only to the entity's contracts with or services provided to the community-based health cooperative, and in all other instances, the entity is subject to the provisions of Title 23 of the Arkansas Code.  
 (a) The General Assembly finds that:  (1) Healthcare providers who serve Medicaid recipients are an indispensable and vital link in serving this state's needy citizens; and  (2) The Department of Human Services already has in place various provisions to:  (A) Ensure the protection and respect for the rights of Medicaid recipients; and  (B) Sanction errant Medicaid providers when necessary.      (b) The General Assembly intends this subchapter to ensure that the department and its outside contractors treat providers with fairness and due process.  
 As used in this subchapter:   (1) Abuse means a pattern of provider conduct that is inconsistent with sound fiscal, business, or medical practices and that results in:  (A) An unnecessary cost to the Arkansas Medicaid Program; or  (B) Reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care;    (2)  (A) Adverse decision means any decision by the Department of Human Services or its reviewers or contractors that adversely affects a Medicaid provider or recipient in regard to:  (i) Receipt of and payment for Medicaid claims and services, including, but not limited to, decisions as to:  (a) Appropriate level of care or coding;  (b) Medical necessity;  (c) Prior authorization;  (d) Concurrent reviews;  (e) Retrospective reviews;  (f) Least restrictive setting;  (g) Desk audits;  (h) Field audits and onsite audits; and  (i) Inspections or surveys; and    (ii) Payment amounts due to or from a particular provider resulting from gain sharing, risk sharing, incentive payments, or another reimbursement mechanism or methodology, including calculations that affect or have the potential to affect payment.    (B) To constitute an adverse decision, an agency decision need not have a monetary penalty attached but must have a direct monetary consequence to the provider.  (C) Adverse decision does not include the design of or changes to an element of a reimbursement methodology or payment system that is of general applicability and implemented through the rulemaking process;    (3) Appeal means an appeal of an adverse decision to an independent administrative law judge as provided under this subchapter;  (4) Claim means a request for payment of services or for prior, concurrent, or retrospective authorization to provide services;  (5) Concurrent review or concurrent authorization means a review to determine whether a specified recipient currently receiving specific services may continue to receive services;  (6) Denial means denial or partial denial of a claim;  (7) Department means:  (A) The Department of Human Services;  (B) All the divisions and programs of the department, including the Arkansas Medicaid Program; and  (C) All the department's contractors, fiscal agents, and other designees and agents;    (8) Final determination means a Medicaid overpayment determination:  (A) For which all provider appeals have been exhausted; or  (B) That cannot be appealed or appealed further by the provider because the time to file an appeal has passed;    (9) Fraud means an intentional representation that is untrue or made in disregard of its truthfulness for the purpose of inducing reliance in order to obtain or retain anything of value under the Arkansas Medicaid Program;  (10) Level of care means:  (A) The level of licensure or certification of the caregiver that is required to provide medically necessary services, for example, a physician or a registered nurse; and  (B) As applicable to the adverse decision:  (i) With respect to medical assistance reimbursed by procedure code or unit of service, the quantity of each medically necessary procedure or unit;  (ii) With respect to durable medical equipment, the type of equipment required and the duration of equipment use; and  (iii) With respect to all other medical assistance, the:  (a) Intensity of service, for example, whether intensive care unit hospital services were required;  (b) Duration of service, for example, the number of days of a hospital stay; or  (c) Setting in which the service is delivered, for example, inpatient or outpatient;        (11) Medicaid means the medical assistance program under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C.  1397aa et seq., that is operated by the department, including contractors, fiscal agents, and all other designees and agents;  (12) Person means any individual, company, firm, organization, association, corporation, or other legal entity;  (13) Primary care physician means a physician whom the department has designated as responsible for the referral or management, or both, of a Medicaid recipient's health care;  (14) Prior authorization means the approval by the Arkansas Medicaid Program for specified services for a specified Medicaid recipient before the requested services may be performed and before payment will be made by the Arkansas Medicaid Program;  (15) Provider means a person enrolled to provide health or medical care services or goods authorized under the Arkansas Medicaid Program;  (16) Recoupment means any action or attempt by the department to recover or collect Medicaid payments already made to a provider with respect to a claim by:  (A) Reducing other payments currently owed to the provider;  (B) Withholding or setting off the amount against current or future payments to the provider;  (C) Demanding payment back from a provider for a claim already paid; or  (D) Reducing or affecting in any other manner the future claim payments to the provider;    (17) Retrospective review means the review of services or practice patterns after payment, including, but not limited to:  (A) Utilization reviews;  (B) Medical necessity reviews;  (C) Professional reviews;  (D) Field audits and onsite audits; and  (E) Desk audits;    (18) Reviewer means any person, including, but not limited to, reviewers, auditors, inspectors, and surveyors, who in reviewing a provider or a provider's provision of medical assistance, reviews without limitation:  (A) Quality;  (B) Quantity;  (C) Utilization;  (D) Practice patterns;  (E) Medical necessity; and  (F) Compliance with Medicaid laws, regulations, and rules; and    (19)  (A) Technical deficiency means an error or omission in documentation by a provider that does not affect direct patient care of the recipient.  (B) Technical deficiency does not include:  (i) Lack of medical necessity according to professionally recognized local standards of care;  (ii) Failure to provide care of a quality that meets professionally recognized local standards of care;  (iii) Failure to document a mandatory quality measure required for gain sharing or medical home or health home incentive payments as specified in a reimbursement mechanism or methodology;  (iv) Failure to obtain prior or concurrent authorization if required by regulation;  (v) Fraud;  (vi) Abuse;  (vii) A pattern of noncompliance; or  (viii) A gross and flagrant violation.      
 (a)  (1) The Department of Human Services shall not use a technical deficiency as grounds for recoupment unless identifying the technical deficiency as an overpayment is mandated by a specific federal statute or regulation or the state is required to repay the funds to the Centers for Medicare & Medicaid Services, or both.  (2) When recoupment is permitted, the department shall not recoup until there is a final determination identifying the funds to be recouped as overpayments.    (b)  (1) The department shall recognize that an error or omission is a technical deficiency if:  (A) The error or omission meets the definition of technical deficiency in  20-77-1702;  (B) The error or omission involved a covered service; and  (C) The provider can substantiate through other documentation that the medical assistance was provided.    (2) Other documentation under subdivision (b)(1)(C) of this section shall be:  (A) In accord with generally accepted healthcare practices; and  (B) Contemporaneously created.    (3) Other documentation under subdivision (b)(1)(C) of this section is not required to be equivalent in form to, nor required to duplicate, the documentation containing the error or omission, if all the documentation taken together establishes that the claim is payable.    (c) This section does not preclude a corrective action plan or other nonmonetary measure in response to technical deficiencies.  (d)  (1) If a provider fails to comply with a corrective action plan for a pattern of technical deficiencies, then appropriate monetary penalties may be imposed if permitted by law.  (2) However, the department first must be clear as to what the technical deficiencies are by providing clear communication in writing or a promulgated rule when required.    (e) The department shall not issue a recoupment on a minor omission such as a missing date or signature if the requirements of this section are met.  (f) The department shall not rely on the denial of one claim as the sole basis for the denial of a subsequent claim and shall establish that the subsequent claim is deficient.  
 (a) The General Assembly finds it necessary to:  (1) Clarify its intent that providers have the right to fair and impartial administrative appeals; and  (2) Emphasize that this right of appeal is to be liberally construed and not limited through technical or procedural arguments by the Department of Human Services.    (b)  (1)  (A) In response to an adverse decision, a provider may appeal on behalf of the recipient or on its own behalf, or both, regardless of whether the provider is an individual or a corporation.  (B)  (i) A provider appeal shall be governed by the Arkansas Administrative Procedure Act,  25-15-201 et seq., except as otherwise provided in this subchapter.  (ii) Multiple appeals by the same provider may be consolidated.    (C) An administrative law judge employed by the Department of Health shall conduct all Medicaid provider administrative appeals of adverse decisions under this subchapter.    (2) The provider may appear:  (A) In person or through a corporate representative; or  (B) With prior notice to the Department of Health, through legal counsel.    (3)  (A) A Medicaid recipient may attend any hearing related to his or her care, but the Department of Health may not make his or her participation a requirement for provider appeals.  (B) The Department of Health may compel the recipient's presence via subpoena, but failure of the recipient to appear shall not preclude the provider appeal.      (c)  (1) An administrative law judge shall be guided by the need to reach a just determination and may depart from strict adherence to the formal rules of evidence.  (2) An administrative law judge shall exclude irrelevant, immaterial, and unduly repetitious evidence.  (3) An administrative law judge shall receive oral or documentary evidence not privileged if the oral or documentary evidence is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs.  (4) An administrative law judge shall rule on each evidentiary objection, and the objection and ruling shall be noted of record.    (d)  (1)  (A) If a provider submits evidence that the Department of Human Services has not had an opportunity to consider before the hearing, an administrative law judge shall continue the hearing for thirty (30) days to allow the Department of Human Services to review the evidence.  (B) An administrative law judge may extend the thirty-day continuance under subdivision (d)(1)(A) of this section for good cause.    (2) Before the end of a continuation under subdivision (d)(1) of this section, the Department of Human Services shall send the provider and the administrative law judge notice stating whether the Department of Human Services will modify its decision with an explanation of the modification.  (3)  (A) Unless the provider notifies the administrative law judge and the Department of Human Services that the provider wishes to withdraw its appeal, the administrative law judge shall notify the parties of the date and time at which the hearing will continue.  (B) The date under subdivision (d)(3)(A) of this section shall be no later than thirty (30) days after the Department of Human Services' notification under subdivision (d)(2) of this section.      (e) A provider does not have standing to appeal a decision denying payment or ordering recoupment of payments already made if the provider has not furnished any service for which payment has been denied.  (f)  (1) Providers, like Medicaid recipients, have standing to appeal to circuit court unfavorable administrative decisions under the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (2) The Department of Human Services may seek judicial review of a final, appealable order issued by an administrative law judge.    (g) Burdens of proof shall be determined under the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (h)  (1)  (A) A final decision by an administrative law judge in favor of a provider is a final appealable order.  (B) A final decision under this section shall not be overturned by the Director of the Division of Medical Services of the Department of Human Services or another official within the Department of Human Services.    (2)  (A) Within thirty (30) days after August 16, 2013, the Department of Human Services shall request a waiver from the Centers for Medicare & Medicaid Services of the single state agency requirement contained in 42 C.F.R.  431.10 to allow final decisions in Medicaid provider administrative appeals to be issued by an administrative law judge in a separate agency.  (B) An administrative law judge shall follow the rules adopted by the Department of Human Services in making final decisions.    (3) The Department of Human Services shall make available to the public all communications with regard to the waiver application under subdivision (h)(2)(A) of this section and shall work jointly with provider representatives to obtain and maintain approval for the waiver.  (i) (1) Until the waiver under subdivision (h)(2) of this section is approved, an administrative law judge's decision shall constitute a recommended decision to the Director of the Division of Medical Services.         (2)(A)  The Director of the Division of Medical Services, upon a review of the record submitted by an administrative law judge, shall adopt, reject, or modify the recommended decision.    (B)  A modification or rejection of an administrative law judge's decision shall state with particularity the reasons for the modification or rejection, shall include references to the record, and shall constitute the final decision.    (C)  As an alternative to the process under subdivision (i)(2)(B) of this section, the Director of the Division of Medical Services may remand the decision to the administrative law judge with additional guidance on Medicaid policy.    (3)(A)  The Director of the Division of Medical Services shall issue a final decision under this subsection within thirty (30) days after receipt of the administrative law judge's decision.    (B)  Unless the Director of the Division of Medical Services modifies or rejects the recommended decision of the administrative law judge within thirty (30) days after receipt of the administrative law judge's decision, the recommended decision is the final decision.    (j)  If an administrative appeal is filed by both provider and recipient concerning the same subject matter, then the department may consolidate the appeals.    (k)(1)  This subchapter shall apply to all pending and subsequent appeals that have not been finally resolved at the administrative or judicial level as of April 5, 2005.    (2)  The amendatory provisions of this act apply to a pending and subsequent appeal that has not been finally resolved at the administrative or judicial level on August 16, 2013. 
 Each denial or other deficiency that the Department of Human Services makes against a Medicaid provider shall be prepared in writing and shall specify:   (1) The nature of the adverse decision;  (2) The statutory provision or specific rule alleged to have been violated; and  (3) The facts and grounds that form the basis for the adverse decision.  
 (a)  (1)  (A) Subject to  20-77-1707 for retrospective reviews, if the Department of Human Services has sufficient documentation to determine that some level of care other than the level that was claimed is medically necessary, then the department may recoup.  (B) However, the provider shall be entitled to file a second claim at the level that was medically necessary according to the department's explanation for recoupment.  (C) Alternatively, the department may recoup the difference between the amount previously paid and the amount that would be payable for the care deemed to be medically necessary.    (2)  (A) If the department does not have sufficient documentation to determine the level of care that was medically necessary, the department shall not recoup at that time, but shall request from the provider additional documentation the department needs to determine the level of care that was medically necessary.  (B) After receiving documentation requested under subdivision (a)(2)(A) of this section, the department shall review the documentation and determine whether to proceed with a recoupment and notice, subject to  20-77-1707.    (3)  (A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section.  (B) A requirement for a referral from a primary care physician shall not be imposed retroactively.    (4)  (A) The recoupment notice from the department under subdivisions (a)(1) and (2) of this section shall explain the reason for the recoupment under  20-77-1705 and shall include one (1) of the following statements:  (i) In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______.; or  (ii) In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary..    (B) For purposes of this subdivision (a)(4), care may include referrals to healthcare professionals.    (5) A provider's decision to file a second claim at the level of care approved by the reviewer or the department's decision to recoup rather than requiring a second claim does not waive the provider's or recipient's right to appeal the denial of the original claim if the provider disagrees with the department's determination.    (b)  (1) For concurrent or prior authorization, if the department has sufficient documentation to establish that some level of care other than the requested level is medically necessary, the department shall approve the request at the other level of care with proper notice.  (2)  (A) If the department does not have sufficient documentation to determine the level of care that is medically necessary, the department shall not deny the claim at that time but shall request from the provider the additional documentation the department needs to determine the level of care that is medically necessary.  (B) The department shall then:  (i) Review the request; and  (ii) If the department denies the request, explain the reason for the denial in accordance with subdivision (b)(4) of this section.      (3)  (A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section.  (B) A requirement for a referral from a primary care physician shall not be imposed retroactively.    (4)  (A) The denial notice from the department under subdivisions (b)(1) and (2) of this section shall explain the reason for the denial as required by  20-77-1705 and shall include one (1) of the following statements:  (i) In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______.; or  (ii) In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary..    (B) For purposes of this subdivision (b)(4), care may include referrals to healthcare professionals.    (5) The department's decision to approve a request at another level of care under this subsection does not remove the provider's or recipient's right to appeal the denial of the original claim if the provider disagrees with the department's determination.    (c)  (1) Subsections (a) and (b) of this section apply only:  (A) In the absence of fraud or abuse; and  (B) If the care is furnished by a provider legally qualified and authorized to deliver the care.    (2) Nothing prevents the department from reviewing the claim for reasons unrelated to level of care and taking action that may be warranted by the review, subject to other provisions of law.    
 If the Department of Human Services requires a provider to justify the medical necessity of a service through prior authorization, the department shall not later take the position that the services were not medically necessary, unless the retrospective review establishes that:   (1) The previous authorization was based upon misrepresentation by act or omission;  (2) The services billed were not provided; or  (3) An unexpected change occurred that rendered the prior-authorized care not medically necessary.  
 (a) There is a presumption in favor of the medical judgment of the performing or prescribing physician in determining medical necessity of treatment.  (b) If an administrative law judge finds that the Department of Human Services has overcome the presumption under subsection (a) of this section, he or she shall state the manner by which the presumption was overcome.  
 (a) The Department of Human Services may not use state policies, guidelines, manuals, or other such criteria in enforcement actions against providers unless the criteria have been promulgated.  (b) Nothing in this section requires or authorizes the department to attempt to promulgate standards of care that practitioners use in determining medical necessity or rendering medical decisions, diagnoses, or treatment.  (c) Medicaid contractors may not use a different provider manual than the Centers for Medicare & Medicaid Services Provider Reimbursement Manual promulgated for each service category.  
 (a) If the Department of Human Services makes an adverse decision in a Medicaid case and a provider then lodges an administrative appeal, the department shall deliver to the provider well in advance of the appeal its file on the matter so that the provider will have time to prepare for the appeal.  (b) The file shall include the records of any utilization review contractor or other agent, subject to any other federal or state law regarding confidentiality restrictions.  
 (a) Except as provided in subsection (b) of this section, providers must supply records to the Department of Human Services at their own cost.  (b) If the provider has supplied records to the department and the provider identifies to whom the records were supplied, the provider is not required to provide a second copy of the records at its own cost.  
 When the Department of Human Services sends letters or other forms of notice with deadlines to providers or recipients, the deadline shall not begin to run before the next business day following the date of the postmark on the envelope, the facsimile transmission confirmation sheet, or the electronic record confirmation, unless otherwise required by federal statute or regulation. 
 (a) The Department of Human Services may not issue a claim denial or demand for recoupment to providers for missing a deadline if the department or its contractor contributed to the delay or the delay was reasonable under the circumstances, including, but not limited to:  (1) Intervening weekends or holidays;  (2) Lack of cooperation by third parties;  (3) Natural disasters; or  (4) Other extenuating circumstances.    (b) This section is subject to good faith on the part of the provider.  
 (a) When more than one (1) hospital provides services to a recipient and the amount of claims exceeds the recipient's benefit limit, then the hospitals are entitled to reimbursement based on the earliest date of service.  (b) If the claims have been paid by Medicaid contrary to this provision and voluntary coordination among the hospitals involved does not resolve the matter, then the hospitals shall resort to mediation or arbitration at the hospitals' expense.  
 (a) If any provision of this subchapter is found to conflict with current federal law, including promulgated federal regulations, the federal law shall override that provision.  (b) If under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C.  1397aa et seq., the United States Government recovers an erroneous or improper medical assistance payment from the Department of Human Services, the department may recover the erroneous or improper medical assistance payment from the provider that received the payment or from a successor in interest who is legally responsible for the erroneous or improper medical assistance payment.  
 The Department of Human Services may promulgate rules to implement this subchapter. 
 (a) If a Medicaid provider audit by the federal Medicaid Integrity Program or Audit Medicaid Integrity Contractors is conducted, the Department of Human Services or the contractor shall provide the audit report to the provider within one hundred fifty (150) days after the completion of the audit field work.  (b) If a provider requests an administrative reconsideration of an audit finding or report, the department shall provide the results of the reconsideration within sixty (60) days after the department's receipt of the request for reconsideration.  (c) Additional provider records furnished by a provider in conjunction with a provider's request for administrative reconsideration shall have been contemporaneously created.  (d) If there is a failure to meet the timelines specified in this section, no adverse decision based on the noncompliant audit shall be enforced against the provider unless the department shows good cause for the failure to meet the timelines.  
 (a) A Medicaid provider that is aggrieved by an adverse decision of the Department of Human Services with respect to termination of the provider's certification or Medicaid provider agreement or an action by the department that has the same effect as terminating the provider's certification or Medicaid provider agreement for more than fifteen (15) days may appeal the decision to Pulaski County Circuit Court or in a circuit court in a county in which the provider resides or does business, regardless of whether all administrative remedies have been exhausted.  (b) Pending a determination by the circuit court of the matter on appeal, the provider is entitled to an injunction preserving the provider's Medicaid participation upon showing that immediate and irreparable injury, loss, or damage to the provider will result, unless the circuit court determines that preserving the provider's participation is likely to pose a danger to the health or safety of beneficiaries.  (c) This section does not apply to an adverse decision resulting from the department's determination that there is a credible allegation of fraud for which an investigation is pending.  
 The General Assembly finds that in order to alleviate the financial burden on the state's Medicaid program, the state must encourage better access to and utilization of affordable long-term care insurance that will pay for some or all of the cost of long-term care services. 
 As used in this subchapter:   (1) Long-term care facility means a facility required to be licensed under  20-10-224;  (2) Long-term care insurance means the same as in  23-97-304; and  (3) Long-term care services means the following necessary services that originate in a setting other than an acute care hospital and that are provided to individuals whose functional capacities are chronically impaired:  (A) Physician's services;  (B) Nursing services;  (C) Diagnostic services;  (D) Therapeutic services including physical therapy, speech therapy, and occupational therapy;  (E) Rehabilitative services;  (F) Maintenance services;  (G) Personal care services individually designed to assist with an individual's physical dependency needs related to bathing, bladder and bowel requirements, dressing, eating, personal hygiene, medications, mobility, incidental housekeeping, laundry, and shopping for personal maintenance items;  (H) Transportation services;  (I) Day care services;  (J) Respite care services; and  (K) Services provided by chiropractors, podiatrists, and optometrists.    
 (a) The Arkansas Long-Term Care Partnership Program is created within the Department of Human Services.  (b) The Department of Human Services in cooperation with the Insurance Commissioner shall submit applications to the United States Department of Health and Human Services necessary to obtain approval to:  (1) Establish a process for precertification of long-term care insurance policies that meets all the requirements of the program;  (2) Establish minimum requirements that long-term care insurance policies shall meet in order to qualify for precertification, including without limitation:  (A) A conspicuous provision alerting consumers to the availability of consumer information and public education provided by the Department of Human Services;  (B) A guarantee that each insured has an option to cover home and community-based services in addition to nursing facility care;  (C) Inflation protection;  (D) Periodic reporting to include explanations of benefits and a record of insurance payments that count toward Medicaid resource exclusion; and  (E) Reports to the program as the Department of Human Services may require;    (3) Include provisions for reciprocal agreements with other states to extend the Medicaid eligibility protections in subdivision (b)(4) of this section to purchasers of long-term care policies in those states, if at the time the long-term care policies were issued, the policies qualified for precertification in this state;  (4) Include provisions that Medicaid eligibility determinations in the long-term care or related waiver categories for individuals who are the beneficiaries of precertified long-term care insurance policies shall include a resource disregard of one dollar ($1.00) for every dollar of long-term care insurance benefits paid under the individual's prequalified long-term care insurance policy for long-term care services; and  (5) Include an outreach program to educate consumers about the need for long-term care, the availability of long-term care insurance, and the asset protections available under this subsection.    
 This subchapter does not supersede the obligations under the Long-Term Care Insurance Act of 2005,  23-97-301 et seq. 
 If this subchapter is repealed, any Medicaid asset protection afforded under  20-77-1803 shall remain effective for the life of the individual receiving long-term care services under this subchapter. 
 As used in this subchapter:   (1) Division means the Division of Medical Services of the Department of Human Services;  (2) Hospital means a health care facility licensed as a hospital by the Division of Health Facilities Services under  20-9-213;  (3) Medicare Cost Report means CMS-2552-96, the Cost Report for Electronic Filing of Hospitals, as it existed on January 1, 2009;  (4) Net patient revenue means the amount calculated in accordance with generally accepted accounting principles for hospitals that is reported on Worksheet G-3, Column 1, Line 3, of the Medicare Cost Report adjusted to exclude nonhospital revenue;  (5)  (A) Nonstate government-owned hospital means a hospital that is owned and operated by an agency or a unit of a county or municipal government, including without limitation a hospital owned and operated by:  (i) A county under  14-263-101 et seq.; or  (ii) A city under  14-264-101 et seq.    (B) Nonstate government-owned hospital does not include a hospital that is owned by an agency or unit of county or municipal government but is contracted or leased to an individual, firm, or corporation that is not a government entity;    (6) Privately operated hospital means a licensed hospital in Arkansas other than:  (A) Any hospital that is owned and operated by the United States Government;  (B) Any hospital that is an agency or a unit of state government, including without limitation a hospital owned by a state agency or a state university; and  (C) Any nonstate government-owned hospital;    (7) Specialty hospital means an acute care general hospital that:  (A) Limits services primarily to children and qualifies as exempt from the Medicare prospective payment system regulation; or  (B) Is primarily or exclusively engaged in the care and treatment of patients with cardiac conditions;    (8) State plan amendment means a change or update to the state Medicaid plan;  (9) Upper payment limit means the maximum ceiling imposed by federal regulation on privately owned hospital Medicaid reimbursement for inpatient services under 42 C.F.R  447.272 and outpatient services under 42 C.F.R  447.321; and  (10)  (A) Upper payment limit gap means the difference between the upper payment limit and Medicaid payments not financed using hospital assessments made to all privately operated hospitals.  (B) The upper payment limit gap shall be calculated separately for hospital inpatient and outpatient services.  (C) Medicaid disproportionate share payments shall be excluded from the calculation of the upper payment limit gap.    
 (a)  (1) An assessment is imposed on each hospital except those exempted under  20-77-1905 for each state fiscal year in an amount calculated as a percentage of each hospital's net patient revenue.  (2) The assessment rate shall be determined annually based upon the percentage of net patient revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to Medicaid under  20-77-1904(f)(1)(C), but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R.  433.68(f)(3)(i).    (b)  (1)  (A) Except as set forth in subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section, for state fiscal year 2010, net patient revenue shall be determined using the data from each hospital's fiscal year 2007 Medicare Cost Report contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008.  (B) If a hospital's fiscal year 2007 Medicare Cost Report is not contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008, the hospital shall submit a copy of the hospital's 2007 Medicare Cost Report to the Division of Medical Services of the Department of Human Services in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.  (C) If a hospital commenced operations after the due date for a 2007 Medicare Cost Report, the hospital shall submit its 2008 Medicare Cost Report to the division in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.    (2) For each subsequent state fiscal year, net patient revenue shall be calculated using the data from each hospital's most recent audited Medicare Cost Report available at the time of the calculation.  (3)  (A) If the audited cost report available under subdivision (b)(2) of this section is more than two (2) years old, the division may elect to use the most recent Medicare Cost Report available at the time of the calculation.  (B) In the event that the division makes an election under subdivision (b)(3)(A) of this section, the division shall use the same Medicare Cost Report for the purposes of calculations under  20-77-1908.      (c) This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment upon hospitals or a tax or assessment measured by the income or earnings of a hospital.  
 (a) The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter.  (b)  (1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter.  (2) Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the hospital assessment imposed under  20-77-1902.  (3) The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for:  (A) Proper imposition and collection of the assessment imposed under  20-77-1902;  (B) Enforcement of this subchapter, including without limitation letters of caution or sanctions; and  (C) Reporting of net patient revenue.      (c) To the extent practicable, the division shall administer and enforce this subchapter and collect the assessments, interest, and penalty assessments imposed under this subchapter using procedures generally employed in the administration of the division's other powers, duties, and functions.  
 (a)  (1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the Hospital Assessment Account.  (2) The hospital assessments imposed under  20-77-1902 shall be deposited into the Hospital Assessment Account.    (b) Moneys in the Hospital Assessment Account shall consist of:  (1) All moneys collected or received by the Division of Medical Services of the Department of Human Services from hospital assessments imposed under  20-77-1902;  (2) Any interest or penalties levied in conjunction with the administration of this subchapter; and  (3) Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable.    (c) The Hospital Assessment Account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.  (d) Moneys in the Hospital Assessment Account shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid.  (e) The Hospital Assessment Account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.  (f)  (1) Except as necessary to reimburse any funds borrowed to supplement funds in the Hospital Assessment Account, the moneys in the Hospital Assessment Account shall be used only as follows:  (A) To make inpatient and outpatient hospital access payments under  20-77-1908;  (B) To reimburse moneys collected by the division from hospitals through error or mistake or under this subchapter; or  (C) To pay an annual fee to the division in the amount of three and three-quarters percent (3.75%) of the assessments collected from hospitals under  20-77-1902 each state fiscal year.    (2)  (A) The Hospital Assessment Account shall retain account balances remaining each fiscal year.  (B) At the end of each fiscal year, any positive balance remaining in the Hospital Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of hospital assessment funds that must be generated during the subsequent fiscal year.    (3) A hospital shall not be guaranteed that its inpatient and outpatient hospital access payments will equal or exceed the amount of its hospital assessment.    
 (a) The following hospitals shall be exempt from the assessment imposed under  20-77-1902 unless the exemption is adjudged to be unconstitutional or otherwise determined to be invalid:  (1) Hospitals that are not privately operated hospitals;  (2) Hospitals licensed by the Department of Health as rehabilitation hospitals; and  (3) Specialty hospitals.    (b) If an exemption under subsection (a) of this section is adjudged to be unconstitutional or otherwise determined to be invalid, the applicable hospitals shall pay the assessment imposed under  20-77-1902.  
 (a)  (1) The annual assessment imposed under  20-77-1902 shall be due and payable on a quarterly basis.  (2) However, an installment payment of an assessment imposed by  20-77-1902 shall not be due and payable until:  (A) The Division of Medical Services of the Department of Human Services issues the written notice required by  20-77-1907(a) stating that the payment methodologies to hospitals required under  20-77-1908 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R.  433.68 for the assessment imposed by  20-77-1902, if necessary, has been granted by the Centers for Medicare & Medicaid Services;  (B) The thirty-day verification period required by  20-77-1907(b) has expired; and  (C) The division has made all quarterly installments of inpatient and outpatient hospital access payments that were otherwise due under  20-77-1908 consistent with the effective date of the approved state plan amendment and waiver.    (3) After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by  20-77-1902 shall be due and payable within ten (10) business days after the hospital has received its inpatient and outpatient hospital access payments due under  20-77-1908 for the applicable quarter.    (b) The payment by the hospital of the assessment created in this subchapter shall be reported as an allowable cost for Medicaid reimbursement purposes.  (c)  (1) If a hospital fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment:  (A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and  (B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (c)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts.    (2) Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.  (3) If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit and reasonable attorney's fees.    
 (a)  (1) The Division of Medical Services of the Department of Human Services shall send a notice of assessment to each hospital informing the hospital of the assessment rate, the hospital's net patient revenue calculation, and the estimated assessment amount owed by the hospital for the applicable fiscal year.  (2) Except as set forth in subdivision (a)(3) of this section, annual notices of assessment shall be sent at least forty-five (45) days before the due date for the first quarterly assessment payment of each fiscal year.  (3) The first notice of assessment shall be sent within forty-five (45) days after receipt by the division of notification from the Centers for Medicare & Medicaid Services that the payments required under  20-77-1908 and, if necessary, the waiver granted under 42 C.F.R.  433.68 have been approved.    (b) The hospital shall have thirty (30) days from the date of its receipt of a notice of assessment to review and verify the assessment rate, the hospital's net patient revenue calculation, and the estimated assessment amount.  (c)  (1) If a hospital provider operates, conducts, or maintains more than one (1) hospital in the state, the hospital provider shall pay the assessment for each hospital separately.  (2) However, if the hospital provider operates more than one (1) hospital under one (1) Medicaid provider number, the hospital provider may pay the assessment for the hospitals in the aggregate.    (d)  (1) For a hospital subject to the assessment imposed under  20-77-1902 that ceases to conduct hospital operations or maintain its state license or did not conduct hospital operations throughout a state fiscal year, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the annual assessment computed under  20-77-1902 by a fraction, the numerator of which is the number of days during the year that the hospital operated and the denominator of which is three hundred sixty-five (365).  (2)  (A) Immediately upon ceasing to operate, the hospital shall pay the adjusted assessment for that state fiscal year to the extent not previously paid.  (B) The hospital also shall receive payments under  20-77-1908 for the state fiscal year in which the cessation occurs, which shall be adjusted by the same fraction as its annual assessment.      (e) A hospital subject to an assessment under this subchapter that has not been previously licensed as a hospital in Arkansas and that commences hospital operations during a state fiscal year shall pay the required assessment computed under  20-77-1902 and shall be eligible for hospital access payments under  20-77-1908 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (f) A hospital that is exempted from payment of the assessment under  20-77-1905 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes subject to the assessment shall pay the required assessment computed under  20-77-1902 and shall be eligible for hospital access payments under  20-77-1908 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (g) A hospital that is subject to payment of the assessment computed under  20-77-1902 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes exempted from payment under  20-77-1905 shall be relieved of its obligation to pay the hospital assessment and shall become ineligible for hospital access payments under  20-77-1908 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act,  25-15-201 et seq.  
 (a) To preserve and improve access to hospital services, for hospital inpatient and outpatient services rendered on or after July 1, 2009, the Division of Medical Services of the Department of Human Services shall make hospital access payments as set forth in this section.  (b) The division shall calculate the hospital access payment amount up to but not to exceed the upper payment limit gap for inpatient and outpatient services.  (c)  (1) All hospitals shall be eligible for inpatient and outpatient hospital access payments each state fiscal year as set forth in this subsection other than hospitals described in  20-77-1905.  (2)  (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for inpatient services, shall be designated as the inpatient hospital access payment pool.  (B) In addition to any other funds paid to hospitals for inpatient hospital services to Medicaid patients, each eligible hospital shall receive inpatient hospital access payments each state fiscal year equal to the hospital's pro rata share of the inpatient hospital access payment pool based upon the hospital's Medicaid discharges for the most recent audited fiscal period divided by the total number of Medicaid discharges of all eligible hospitals.  (C) Inpatient hospital access payments shall be made on a quarterly basis.    (3)  (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for outpatient services, shall be designated as the outpatient hospital access payment pool.  (B)  (i) In addition to any other funds paid to hospitals for outpatient hospital services to Medicaid patients, each eligible hospital shall receive outpatient hospital access payments each state fiscal year equal to a percentage adjustment determined by dividing the outpatient hospital access payment pool by Medicaid payments for outpatient services paid to all eligible hospitals.  (ii) The percentage adjustment shall be multiplied by the Medicaid payments for outpatient services paid to the eligible hospital in order to determine the amount of each eligible hospital's outpatient hospital access payment.    (C) Outpatient hospital access payments shall be made on a quarterly basis.      (d) A hospital access payment shall not be used to offset any other payment by Medicaid for hospital inpatient or outpatient services to Medicaid beneficiaries, including without limitation any fee-for-service, per diem, private hospital inpatient adjustment, or cost-settlement payment.  
 (a) The assessment imposed under  20-77-1902 shall cease to be imposed, the Medicaid hospital access payments made under  20-77-1908 shall cease to be paid, and any moneys remaining in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to hospitals in proportion to the amounts paid by them if:  (1) The inpatient or outpatient hospital access payments required under  20-77-1908 are changed or the assessments imposed under  20-77-1902 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C.  1397aa et seq.; or  (2) It is determined in the course of an administrative adjudication or in an action under  25-15-207 that the Division of Medical Services of the Department of Human Services:  (A) Established Medicaid hospital payment rates that include an offset, in whole or in part, for any hospital access payments under  20-77-1908; or  (B) Included the net effect of any hospital access payment under  20-77-1908 when considering whether Medicaid hospital payment rates are:  (i) Consistent with efficiency, economy, and quality of care; and  (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.        (b)  (1) The assessment imposed under  20-77-1902 shall cease to be imposed and the Medicaid hospital access payments under  20-77-1908 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq.  (2) Moneys in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under  20-77-1908 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to hospitals in proportion to the amounts paid by them.    
 (a) The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of hospital access payments under  20-77-1908, no later than forty-five (45) days after March 24, 2009.  (b) If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall:  (1) Not implement the assessment imposed under  20-77-1902; and  (2) Return any assessment fees to the hospitals that paid the fees if assessment fees have been collected.    
 The General Assembly finds that:   (1) Almost two-thirds (2/3) of the state's uninsured children are already eligible for either ARKids First A or B, but many are not enrolled or do not remain enrolled;  (2) Twenty thousand (20,000) children annually are dropped from the ARKids First A or B programs because of procedural requirements, not through a change in eligibility;  (3) The Childrens Health Insurance Program Reauthorization Act of 2009, Pub. L. No. 111-3, offers financial incentives to states that adopt measures to streamline enrollment and reenrollment in their Medicaid programs;  (4) Other states have found that simplifying enrollment and re-enrollment for families can also save the state administrative costs through improved use of technology and more efficient use of databases and resources already available to the state; and  (5) Working to enroll all eligible children can help to inform planning efforts to effectively enroll newly eligible adults in Medicaid or private insurance as the state implements the Patient Protection and Affordable Care Act, Pub. L. No. 111-148.  
 (a) In administering the ARKids First A and B programs, the Department of Human Services shall:  (1) Work to increase enrollment among eligible uninsured children under nineteen (19) years of age;  (2) Work to improve retention of coverage among eligible uninsured children under nineteen (19) years of age;  (3) Design the application and annual renewal processes to minimize administrative barriers for applicants and enrolled children under nineteen (19) years of age to minimize gaps in coverage for children who are eligible and to reduce state administrative costs;  (4) Modify eligibility renewal procedures to improve retention and increase the number of children who retain coverage; and  (5)  (A) Manage outreach, application, and renewal procedures with the goal of achieving annual improvements in enrollment, enrollment rates, renewals, and renewal rates.  (B) To make the improvements required under subdivision (a)(1) of this section, the department shall maximize the use of existing program databases to obtain information related to earned and unearned income for purposes of eligibility determination and renewals, including without limitation:  (i) The Supplemental Nutrition Assistance Program (SNAP);  (ii) The state child care subsidy program;  (iii) The Arkansas Better Chance Program;  (iv) The National School Lunch Program;  (v) Federal Social Security Administration programs; and  (vi) The Division of Workforce Services database.        (b) To simplify and streamline the renewal process, the department shall:  (1) Maximize the use of data matches, online submissions, and telephone interviews; and  (2) Develop a pre-populated renewal form that will be sent to families to complete and return for use in cases in which the department is unable to renew coverage through the use of data matching, online submissions, or telephone interviews.    
 (a) The Department of Human Services shall perform the initiatives under subsection (b) of this section to increase ARKids First enrollment and renewals and position the state to compete for a performance bonus payment under the Children's Health Insurance Program Reauthorization Act of 2009, Pub. L. No. 111-3.  (b) The department shall make best efforts to obtain approval from the Centers for Medicare & Medicaid Services for the following:  (1) For each child enrolled in ARKids First A who becomes ineligible to complete his or her ARKids First A enrollment period for financial reasons, establishing a process to allow ARKids First B coverage from the date of ineligibility through the end date of the ARKids First A enrollment period;  (2) An ex parte renewal process for ARKids First A and ARKids First B, in which the state performs the eligibility redetermination to the maximum extent possible based on information contained in the ARKids First file or by obtaining other information available to the state through other sources, such as income databases, before it seeks any information from the child's parent or representative; and  (3) An Express Lane Eligibility enrollment option that allows use of other public program databases and findings to reach and enroll children in the ARKids First A and ARKids First B programs.    
 (a) The Department of Human Services shall establish and maintain the Medicaid Eligibility Verification System that is designed to prevent fraud in the establishment and maintenance of Medicaid eligibility.  (b)  (1) In establishing the Medicaid Eligibility Verification System, the department shall have the flexibility to determine whether the state shall be an assessment state or a determination state for purposes of Medicaid eligibility determinations by the federally facilitated marketplace.  (2) As used in this subsection:  (A) Assessment state means a state with a federally facilitated marketplace that can elect to have the federally facilitated marketplace make assessments of Medicaid eligibility and then transfer the account of an individual to the state Medicaid agency for a final determination; and  (B) Determination state means a state that requires the eligibility determination made by the federally facilitated marketplace to be accepted by the state Medicaid agency.      
 This subchapter shall be known and may be cited as the Healthcare Quality and Payment Policy Advisory Committee Act. 
 As used in this subchapter:   (1) Data, records, reports, and documents means a recording of an interview and an oral or written proceeding, report, statement, minute, memorandum, data, and other documentation collected or compiled to establish or modify episodes of care, quality measures, or target prices; and  (2) Healthcare provider means one (1) of the following individuals or entities licensed by the State of Arkansas to provide healthcare services:  (A) An advanced practice nurse;  (B) An athletic trainer;  (C) An audiologist;  (D) A certified orthotist;  (E) A chiropractor;  (F) A community mental health center or clinic;  (G) A dentist;  (H) A home healthcare provider;  (I) A hospice care provider;  (J) A hospital-based service;  (K) A hospital;  (L) A licensed ambulatory surgery center;  (M) A licensed certified social worker;  (N) A licensed dietician;  (O) A licensed durable medical equipment provider;  (P) A licensed professional counselor;  (Q) A licensed psychological examiner;  (R) A long-term care facility;  (S) An occupational therapist;  (T) An optometrist;  (U) A pharmacist;  (V) A physical therapist;  (W) A physician or surgeon;  (X) A podiatrist;  (Y) A prosthetist;  (Z) A psychologist;       (AA)  A respiratory therapist;    (BB)  A rural health clinic;    (CC)  A speech pathologist;   (DD) Another healthcare practitioner as determined by the Department of Human Services in rules adopted under the Arkansas Administrative Procedure Act,  25-15-201 et seq.; and   (EE) Another person or entity enrolled to provide health or medical care services or goods authorized under the medical assistance programs provided in this state under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq. 
 (a) The Healthcare Quality and Payment Policy Advisory Committee is created.  (b)  (1) Except as provided under subdivision (b)(2) of this section, the committee shall consist of the following seven (7) voting members:  (A) Three (3) members appointed by the President Pro Tempore of the Senate, including:  (i) One (1) physician in good standing with the Arkansas State Medical Board;  (ii) One (1) member nominated by the Arkansas Hospital Association, Inc. who represents hospitals with more than one hundred (100) beds; and  (iii) One (1) medical director of a commercially owned insurance company participating with the Division of Medical Services of the Department of Human Services in the Arkansas Health Care Payment Improvement Initiative;    (B) Three (3) members appointed by the Speaker of the House of Representatives, including:  (i) Two (2) physicians nominated by the Arkansas Medical Society, Inc.; and  (ii) One (1) member nominated by the Arkansas Hospital Association, Inc. who represents hospitals with fewer than one hundred (100) beds; and    (C) The Director of the Division of Medical Services of the Department of Human Services.    (2)  (A) For purposes of reviewing a draft rule related to long-term care services and supports, the committee shall include the following five (5) additional voting members:  (i) One (1) member nominated by the Arkansas Health Care Association to represent nursing homes and appointed by the President Pro Tempore of the Senate;  (ii) One (1) member nominated by the Arkansas Association of Area Agencies on Aging and appointed by the President Pro Tempore of the Senate;  (iii) One (1) member nominated by the Arkansas Residential Assisted Living Association, Inc. and appointed by the President Pro Tempore of the Senate;  (iv) One (1) member nominated by the Arkansas Residential Assisted Living Association, Inc. and appointed by the Speaker of the House of Representatives; and  (v) One (1) member nominated by the HomeCare Association of Arkansas and appointed by the Speaker of the House of Representatives.    (B)  (i) As used in subdivision (b)(2)(A) of this section, long-term care services and supports does not include services provided in intermediate care facilities for individuals with developmental disabilities or services provided by an entity licensed or certified by the Division of Developmental Disabilities Services of the Department of Human Services.  (ii) For purposes of reviewing a draft rule related to services provided in intermediate care facilities for individuals with developmental disabilities and services provided by an entity licensed or certified by the Division of Developmental Disabilities Services,  20-77-2205(b)(2) applies.      (3) A medical director of a commercially owned insurance company participating with the Division of Medical Services in the Arkansas Healthcare Payment Improvement Initiative who is not appointed under subdivision (b)(1)(A)(iii) of this section may serve as an ex officio member of the committee but shall not vote.    (c) The committee may appoint subcommittees of the committee to study, research, and advise the committee.  (d) The Department of Human Services may provide offices and staff for the committee.  (e)  (1) The members of the committee shall serve two-year terms.  (2) At the first meeting of the committee, the length of the terms of the initial appointees shall be determined by lot.    (f) The members of the committee shall hold the first meeting in offices made available by the department within thirty (30) days of the appointment of the members of the committee.  (g) The committee annually shall select from its membership a chair and a vice chair.  (h)  (1) A majority of the membership of the committee constitutes a quorum.  (2) A majority vote of the members present is required for any action of the committee.    (i)  (1) A vacancy on the committee due to death, resignation, removal, or another cause shall be filled in the same manner as the initial appointment.  (2) A member appointed to fill a vacancy shall serve for the remainder of the vacated term.    (j) The members of the committee may be removed by the appointing official for cause.  (k) Members of the committee except those employed by the state may receive expense reimbursement and stipends under  25-16-901 et seq.  
 The purpose of the Healthcare Quality and Payment Policy Advisory Committee is to make recommendations and provide advice and assistance to the Department of Human Services concerning the promulgation of rules submitted by the department to the committee to promote high-quality, safe, effective, timely, efficient, and patient-centered physician services, hospital services, and long-term care services and supports in the State of Arkansas, as related to the development of episodes of care and the episodes-of-care target prices and quality metrics within the Arkansas Healthcare Payment Improvement Initiative. 
 (a)  (1) The Department of Human Services shall not adopt a rule under the Arkansas Administrative Procedure Act,  25-15-201 et seq., related to the development of episodes of care for patient-centered physician services, hospital services, and long-term care services and supports, including without limitation the episodes-of-care target prices and quality metrics, without first submitting the proposed rule to the Healthcare Quality and Payment Policy Advisory Committee for review.  (2) Concurrent with a submission of a draft rule to the committee under subdivision (a)(1) of this section, the department shall issue a public notice of the draft rule for which the department shall:  (A) Include in the notice a statement of the terms or substance of the draft rule and the specific provider category or categories affected;  (B) Mail the notice to any person who requests notice of a submission of a draft rule to the committee under subdivision (a)(1) of this section; and  (C) Post the notice on the departments website in a section dedicated to the committee.    (3) Concurrent with a submission of a draft rule to the committee under subdivision (a)(1) of this section, the department shall post the draft rule on its website in a section dedicated to the committee during the entire period the draft rule is under consideration by the committee.  (4) The department shall provide to a person who requests the information a meeting notice that identifies the time and place of each committee and subcommittee meeting and the draft rules under consideration by the committee or subcommittee at each meeting.    (b)  (1) At least forty-five (45) days before initiating the promulgation process under the Arkansas Administrative Procedure Act,  25-15-201 et seq., for a rule related to the development of episodes of care for patient-centered physician services, hospital services, or long-term care services and supports, including without limitation the episodes-of-care target prices and quality metrics, the department shall submit the draft rule to the committee for review and advice.  (2)  (A) If the draft rule pertains to a healthcare provider listed in  20-77-2202(2) whose provider category is not represented on the committee, the committee shall seek representation by designated representatives of the statewide provider association or associations for that provider category for the purpose of review and advice.  (B) The committee shall:  (i) Provide at least twenty-five (25) days for the representatives of the affected healthcare providers to review and comment on the draft rule; and  (ii) Afford the representatives the opportunity to participate in committee and subcommittee deliberations on the draft rule.    (C)  (i) The committee shall not provide advice to the department without seeking the input of the affected healthcare providers.  (ii) If the committee does not reach agreement with a provider association on a draft rule pertaining to a healthcare provider not represented on the committee, the committee shall prepare a written report that objectively states the information and viewpoints presented but does not advise the department concerning how to proceed on the draft rule.        (c) A rule required to be submitted to the committee under subsection (b) of this section that is adopted without following this section is void.  (d)  (1) The committee shall issue and deliver a written advisory statement to the department within thirty (30) calendar days after the department's submission of the proposed rule to the committee.  (2) If the department fails to follow the advice of the committee with respect to a proposed rule under this section, the department, before beginning the promulgation process, shall prepare a written report setting out the advice of the committee and an explanation of the reason that the department decided not to follow the committee's advice with regard to the rule.  (3) The department shall make available for public review the report required under subdivision (d)(2) of this section and the text of the proposed rule during the public comment period.  (4) The department may begin the promulgation process for the proposed rule if the committee does not issue and deliver a written advisory statement to the department within thirty (30) calendar days after the department's submission of the proposed rule to the committee.    (e) After the public comment period, the department shall retain and make available for public review the report required under subdivision (d)(2) of this section and the text of any final rule issued.  
 The Healthcare Quality and Payment Policy Advisory Committee shall:   (1) Review and provide advice regarding draft rules submitted by the Department of Human Services under  20-77-2205;  (2) Have the authority to obtain from the department all data and analysis required to fully meet its charge under  20-77-2204; and  (3) Provide reports to the Legislative Council upon request.  
 (a) To the extent that the data, records, reports, and documents identify or could be used to identify an individual patient, a healthcare provider, an institution, or a health plan, the data, records, reports, and documents collected or compiled by or on behalf of the Healthcare Quality and Payment Policy Advisory Committee are confidential and are not subject to disclosure under state and federal law.  (b) Data, records, reports, and documents collected or compiled by or on behalf of the committee are not admissible in a legal proceeding and are exempt from discovery and disclosure to the same extent that records of and testimony before committees that evaluate the quality of medical or hospital care are exempt under  16-46-105(a)(1).  (c) A healthcare provider's use of the information in its internal operations does not operate as a waiver of the confidentiality protections under this section.  (d) The committee shall treat data, records, reports, and documents in a manner consistent with state and federal privacy requirements, including without limitation the privacy requirements under the Health Insurance Portability and Accountability Act of 1996, 45 C.F.R.  164.512(i).  
 (a) The General Assembly finds that:  (1) Although a direct-care worker in the State of Arkansas who serves a Medicaid-reimbursable client must undergo a forty-hour training program, a direct-care worker who serves a client in his or her home and who is not Medicaid-reimbursable has no training requirement; and  (2) Beginning January 1, 2012, and continuing until January 1, 2027, approximately ten thousand (10,000) persons a day turn sixty-five (65) years of age in the United States.    (b) This subchapter is intended to:  (1) Assure disabled citizens and the constantly expanding population of senior citizens in Arkansas that a direct-care worker is properly trained in core competencies; and  (2) Acknowledge the necessity of proper training for all direct-care workers that, in turn, will contribute to a reduction in per capita healthcare costs for Arkansans.    
 As used in this subchapter:   (1) Caregiver services means services provided to an individual in the State of Arkansas to assist the recipient of the services in the activities of daily living, and the recipient of services is fifty (50) years of age or older at the time the services are provided;  (2) Compensation means money or another type of property of value received by a provider of caregiver services in exchange for the services of the provider without regard to the source of payment of the money or other type of property;  (3) Successful completion means completion of training in acceptable core competencies in the physical skills under  20-77-2303; and  (4) Trained in-home assistant means an individual who has met the requirements of this subchapter and provides caregiver services.  
 (a) A person who applies for employment to provide caregiver services in this state for compensation shall provide documentation to an in-home services agency of successful completion of training as a trained in-home assistant under this subchapter.  (b) A person qualifies as a trained in-home assistant under this subchapter if the person:  (1) Is eighteen (18) years of age or older;  (2) Has not been convicted of a felony that would prevent the person from working in a long-term care facility under  20-38-101 et seq. unless the conviction has been expunged or pardoned; and  (3) Except as provided under subsection (e) of this section, has successfully completed a caregiver training course addressing the following core competencies approved by the Department of Health, including not less than forty (40) hours of training in:  (A) Body functions;  (B) Body mechanics and safety precautions;  (C) Communication skills;  (D) Dementia and Alzheimer's disease;  (E) Emergency situations, including recognition of conditions and proper procedures;  (F) Household safety and fire prevention;  (G) Infection control and prevention, including maintaining a safe and clean working environment;  (H) Ethical considerations and state law regarding delegation of nursing tasks to unlicensed personnel;  (I) Nutrition;  (J) At least sixteen (16) hours of the forty (40) required hours covering physical skills and competent demonstration of such skills for:  (i) Ambulation;  (ii) Basic housekeeping procedures, including laundry skills;  (iii) Bathing, shampooing, and shaving;  (iv) Dressing and undressing;  (v) Meal preparation and clean up;  (vi) Oral hygiene;  (vii) Range of motion;  (viii) Toileting; and  (ix) Transfer techniques;    (K) Record keeping and documentation of activities;  (L) Role of caregiver in a healthcare team; and  (M) Nail and skin care.      (c) The department may expand or reduce the topics acceptable for the caregiver course, but the number of hours of training shall not be modified.  (d) The training required under this subchapter may be certified by an employer if that employer maintains records regarding:  (1) The identification of the employee who received training;  (2) The topic for which the training was conducted; and  (3) The amount of time spent on training.    (e)  (1) A person is exempt from the provisions of subdivision (b)(3) of this section if the person has at least one (1) year of experience working in an institutional setting, including without limitation a:  (A) Home health agency;  (B) Hospital;  (C) Hospice; or  (D) Long-term care facility.    (2) The experience required under subdivision (e)(1) of this section shall be verified by the person's employer during the experience.    
 An individual may provide caregiver services without the training required under this subchapter if the person is a:   (1) Certified Nursing Assistant;  (2) Licensed practical nurse;  (3) Parent, grandparent, child, grandchild, or sibling of the recipient of the services;  (4) Physician;  (5) Registered nurse;  (6) Service provider who does not receive compensation for his or her services;  (7) Licensed social worker;  (8) Court-appointed legal guardian of the recipient of the caregiver services; or  (9) A direct-care worker providing caregiver services to a participant in any program licensed, certified, or administered by the Department of Human Services.  
 The Department of Health shall adopt rules to implement this subchapter. 
 The purpose of this subchapter is to:   (1) Consolidate staff and other Medicaid fraud detection, prevention, and recovery functions from the relevant governmental entities into a single office;  (2) Create a more efficient and accountable structure;  (3) Reorganize and streamline the state's process for detecting and combating Medicaid fraud and abuse; and  (4) Maximize the recovery of improper Medicaid payments.  
 As used in this subchapter:   (1)  (A) Abuse means provider practices that are inconsistent with sound fiscal, business, or medical practices and result in an unnecessary cost to the Medicaid program or in reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care.  (B) Abuse includes recipient practices that result in an unnecessary cost to the Medicaid program;    (2)  (A) Fraud means a purposeful deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to the person or another person.  (B) Fraud includes any act that constitutes fraud under applicable federal or state law;    (3) Healthcare plan means a publicly or privately funded program or organization that is formed to provide or pay for healthcare goods or services, including without limitation:  (A) Health insurance plans;  (B) Managed care organization plans;  (C) Risk-based provider plans;  (D) The Arkansas Medicaid Program;  (E) The Social Security Disability Insurance program; and  (F) The Medicare program;    (4) Investigation means investigations of fraud, abuse, or illegal acts perpetrated within the medical assistance program by providers or recipients of medical assistance care, services, and supplies;  (5) Person means an individual or entity other than a recipient of a healthcare item or service;  (6) Recovery means any action or attempt by the Medicaid Inspector General to recoup or collect Medicaid payments already made to a provider with respect to a claim by:  (A) Reducing other payments currently owed to the provider;  (B) Withholding or setting off the amount against current or future payments to the provider;  (C) Demanding payment back from a provider for a claim already paid; or  (D) Reducing or affecting in any other manner the future claim payments to the provider; and    (7) Waste means that taxpayers are not receiving reasonable value for money in connection with a government-funded activity due to an inappropriate act or omission involving mismanagement, inappropriate actions, and inadequate oversight by the person with control over or access to government resources.  
 The Office of Medicaid Inspector General is created within the Department of Inspector General and is independent from the Department of Human Services. 
 (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.    
 The Office of Medicaid Inspector General shall:   (1) Prevent, detect, and investigate fraud and abuse within the medical assistance program;  (2) Refer appropriate cases for criminal prosecution;  (3) Recover improperly expended medical assistance funds;  (4) Audit medical assistance program functions; and  (5) Establish a medical assistance fraud and abuse prevention program.  
 The Medicaid Inspector General shall, in consultation with the Secretary of the Department of Inspector General:   (1) Hire deputies, directors, assistants, and other officers and employees needed for the performance of his or her duties and prescribe the duties of deputies, directors, assistants, and other officers and fix the compensation of deputies, directors, assistants, and other officers within the amounts appropriated;  (2)  (A) Conduct and supervise activities to prevent, detect, and investigate medical assistance program fraud and abuse.  (B)  (i) The Office of Medicaid Inspector General shall review provider records only for the three (3) years before an investigation begins.  (ii) However, if a credible allegation of fraud has been made or if the Office of Medicaid Inspector General has reason to believe that fraud has occurred, the Office of Medicaid Inspector General may review provider records for the five (5) years before the investigation began;      (3) Work in a coordinated and cooperative manner with:  (A) Federal, state, and local law enforcement agencies;  (B) The Medicaid Fraud Control Unit of the Office of the Attorney General;  (C) United States Attorneys;  (D) The United States Department of Health and Human Services' Office of Inspector General;  (E) The Federal Bureau of Investigation;  (F) The United States Drug Enforcement Administration;  (G) Prosecuting attorneys;  (H) The Centers for Medicare & Medicaid Services; and  (I) An investigative unit maintained by a health insurer;    (4) Solicit, receive, and investigate complaints related to fraud and abuse within the medical assistance program;  (5)  (A) Inform the Governor, the secretary, the Attorney General, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives regarding efforts to prevent, detect, investigate, and prosecute fraud and abuse within the medical assistance program.  (B) All cases in which fraud is determined to have occurred shall be referred to the appropriate law enforcement agency for prosecution;    (6)  (A) Pursue civil and administrative enforcement actions against an individual or entity that engages in fraud, abuse, or illegal or improper acts within the medical assistance program, including without limitation:  (i) Referral of information and evidence to regulatory agencies and licensure boards;  (ii) Withholding payment of medical assistance funds in accordance with state laws and rules and federal laws and regulations;  (iii) Imposition of administrative sanctions and penalties in accordance with state laws and rules and federal laws and regulations;  (iv) Exclusion of providers, vendors, and contractors from participation in the medical assistance program;  (v) Initiating and maintaining actions for civil recovery and, where authorized by law, seizure of property or other assets connected with improper payments;  (vi) Entering into civil settlements; and  (vii) Recovery of improperly expended medical assistance program funds from those who engage in fraud or abuse or illegal or improper acts perpetrated within the medical assistance program.    (B) In investigating civil and administrative enforcement actions under subdivision (a)(6)(A) of this section, the Medicaid Inspector General shall consider the quality and availability of medical care and services and the best interest of both the medical assistance program and recipients;    (7) Make available to appropriate law enforcement officials information and evidence relating to suspected criminal acts that have been obtained in the course of the Medicaid Inspector General's duties;  (8)  (A) Refer suspected fraud or criminal activity to the Medicaid Fraud Control Unit.  (B) After a referral and with ten (10) days' written notice to the Medicaid Fraud Control Unit, the Medicaid Inspector General may provide relevant information about suspected fraud or criminal activity to another federal or state law enforcement agency that the Medicaid Inspector General deems appropriate under the circumstances;    (9) Subpoena and enforce the attendance of witnesses, administer oaths or affirmations, examine witnesses under oath, and take testimony in connection with an investigation or audit under this subchapter and under rules governing these investigations;  (10) Require and compel the production of books, papers, records, and documents as he or she deems relevant or material to an investigation, examination, or review undertaken under this section;  (11)  (A) Examine and copy or remove documents or records related to the medical assistance program or necessary for the Medicaid Inspector General to perform his or her duties if the documents are prepared, maintained, or held by or available to a state agency or local governmental entity the patients or clients of which are served by the medical assistance program, or the entity is otherwise responsible for the control of fraud and abuse within the medical assistance program.  (B) A document or record examined and copied or removed by the Medicaid Inspector General under subdivision (11)(A) of this section is confidential.  (C) The removal of a record under subdivision (11)(A) of this section is limited to circumstances in which a copy of the record is insufficient for an appropriate legal or investigative purpose.  (D) For a removal under subdivision (11)(A) of this section, the Medicaid Inspector General shall copy the record and ensure the expedited return of the original, or of a copy if the original is required for an appropriate legal or investigative purpose, so that the information is expedited and the original or copy is readily accessible for the care and treatment needs of the patient;    (12)  (A) Recommend and implement policies relating to the prevention and detection of fraud and abuse.  (B) The Medicaid Inspector General shall obtain the consent of the Attorney General before the implementation of a policy under subdivision (12)(A) of this section that may affect the operations of the office of the Attorney General;    (13)  (A) Monitor the implementation of a recommendation made by the Office of Medicaid Inspector General to an agency or other entity with responsibility for administration of the medical assistance program and produce a report detailing the results of its monitoring activity as necessary.  (B) The report shall be submitted to the:  (i) Secretary;  (ii) President Pro Tempore of the Senate;  (iii) Speaker of the House of Representatives;  (iv) Legislative Council;  (v) Arkansas Legislative Audit; and  (vi) Attorney General;      (14) Prepare cases, provide testimony, and support administrative hearings and other legal proceedings;  (15) Review and audit contracts, cost reports, claims, bills, and other expenditures of medical assistance program funds to determine compliance with applicable state laws and rules and federal laws and regulations and take actions authorized by state laws and rules and federal laws and regulations;  (16)  (A) Work with the fiscal agent employed to operate the Medicaid Management Information System of the Department of Human Services to optimize the system, including without limitation the ability to add edits and audits in consultation with the Department of Human Services.  (B) The Medicaid Inspector General shall be consulted before an edit or audit is added or discontinued by the Department of Human Services;    (17) Work in a coordinated and cooperative manner with relevant agencies in the implementation of information technology relating to the prevention and identification of fraud and abuse in the medical assistance program;  (18)  (A) Conduct educational programs for medical assistance program providers, vendors, contractors, and recipients designed to limit fraud and abuse within the medical assistance program.  (B) The Office of Medicaid Inspector General shall regularly communicate with and educate providers about the Office of Medicaid Inspector General's fraud and abuse prevention program and its audit policies and procedures.  (C) The Office of Medicaid Inspector General shall educate providers annually concerning its areas of focus within the medical assistance program, appropriate billing and documentation, and methods for improving compliance with program rules, policies, and procedures;    (19)  (A) Develop protocols to facilitate the efficient self-disclosure consistent with the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the collection of overpayments and monitor collections, including those that are self-disclosed by providers.  (B) A provider's good faith self-disclosure of overpayments may be considered as a mitigating factor in the determination of an administrative enforcement action;    (20) Receive and investigate complaints of alleged failures of state and local officials to prevent, detect, and prosecute fraud and abuse in the medical assistance program;  (21) Implement rules relating to the prevention, detection, investigation, and referral of fraud and abuse within the medical assistance program and to the recovery of improperly expended medical assistance program funds;  (22) Conduct, in the context of the investigation of fraud and abuse, on-site inspections of a facility or an office;  (23)  (A) Take appropriate authorized actions to ensure that the medical assistance program is the payor of last resort; and  (B) Recommend to the Department of Human Services that it take appropriate actions authorized under the jurisdiction of the Department of Human Services to ensure that the medical assistance program is the payor of last resort;    (24) Annually submit a budget request for the next state fiscal year to the Governor;  (25) Identify and order the return of underpayments to providers;  (26) Maintain the confidentiality of all information and documents that are deemed confidential by law;  (27) Implement, facilitate, and maintain federally required directives and contracts required for Medicaid integrity programs;  (28) Implement and maintain a hotline for reporting complaints regarding fraud, waste, and abuse by providers;  (29) Audit, investigate, and access Medicaid encounter data, premium data, or other information from an entity contracted with for the purpose of serving Medicaid programs;  (30)  (A) Promulgate administrative rules to establish policies and procedures for audits and investigations that are consistent with the duties of the Office of Medicaid Inspector General under this chapter.  (B) The rules shall be posted on the Office of Medicaid Inspector General's website;    (31) Identify conflicts between the Medicaid state plan, Department of Human Services rules, Medicaid provider manuals, Medicaid notices, or other guidance and recommend that the Department of Human Services reconcile inconsistencies;  (32) When conducting an audit, investigation, or review under this subchapter, classify violations as either:  (A) Errors that do not rise to the level of fraud or abuse; or  (B) Fraud or abuse;    (33)  (A) If a credible allegation of fraud has been made, review provider records that have been the subject of a previous audit or review for the purpose of fraud investigation and referral.  (B) However, the Medicaid Inspector General shall not duplicate an audit of a contract, cost report, claim, bill, or expenditure of a medical assistance program fund that has been the subject of a previous audit or review by or on behalf of the Office of Medicaid Inspector General, the Medicaid Fraud Control Unit, or other federal agency with authority over the medical assistance program if the audit or review was performed in accordance with the Government Auditing Standards;    (34)  (A) Utilize a quality improvement organization as part of the assessment of quality of services.  (B) The quality improvement organization shall refer all identified improper payments due to technical deficiencies, abuse, waste, or fraud to the Medicaid Inspector General for further investigation and appropriate action, including without limitation recovery; and    (35) Perform other functions necessary or appropriate to fulfill the duties and responsibilities of the Office of Medicaid Inspector General.  
 (a)  (1) The Medicaid Inspector General shall request information, assistance, and cooperation from a federal, state, or local governmental department, board, bureau, commission, or other agency or unit of an agency to carry out the duties under this section.  (2) A state or local agency or unit of an agency shall provide information, assistance, and cooperation under this section.    (b) Upon request of a prosecuting attorney, the following entities shall provide information and assistance as the entity deems necessary, appropriate, and available to aid the prosecuting attorney in the investigation of fraud and abuse within the medical assistance program and the recovery of improperly expended funds:  (1) The Office of Medicaid Inspector General;  (2) The Department of Human Services;  (3) The Medicaid Fraud Control Unit of the office of the Attorney General; and  (4) Another state or local government entity.    (c) All tips to the Arkansas Medicaid Fraud and Abuse Hotline under  20-77-2506(28) that include an allegation of fraud shall be forwarded to the Office of Medicaid Inspector General.  
 (a) The duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the Department of Human Services necessary to the operations of the Office of Medicaid Inspector General under  20-77-2505 are transferred to the office.  (b) The office shall assume the duties under the Medical Assistance Programs Integrity Law,  20-77-1301 et seq.  
 (a) The Medicaid Inspector General shall, no later than October 1 of each year, submit to the Secretary of the Department of Inspector General, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, Arkansas Legislative Audit, the Legislative Council, and the Attorney General a report summarizing the activities of the Office of Medicaid Inspector General during the preceding calendar year.  (b) The report required under subsection (a) of this section shall include without limitation:  (1) The number, subject, and other relevant characteristics of:  (A) Investigations initiated and completed, including without limitation outcome, region, source of complaint, and whether or not the investigation was conducted jointly with the Attorney General;  (B) Audits initiated and completed, including without limitation outcome, region, the reason for the audit, the total state and federal dollar value identified for recovery, the actual state and federal recovery from the audits, and the amount repaid to the Centers for Medicare & Medicaid Services;  (C) Administrative actions initiated and completed, including without limitation outcome, region, and type;  (D)  (i) Referrals for prosecution to the Attorney General and to federal or state law enforcement agencies and referrals to licensing authorities.  (ii) Information reported under subdivision (b)(1)(D)(i) of this section shall include without limitation the status and region of an administrative action;    (E) Civil actions initiated by the office related to improper payments, the resulting civil settlements entered, overpayments identified, and the total dollar value identified and collected; and  (F) Administrative and education activities conducted to improve compliance with Medicaid program policies and requirements; and    (2)  (A) A narrative that evaluates the office's performance, describes specific problems with the procedures and agreements required under this section, discusses other matters that may have impaired the office's effectiveness, and summarizes the total savings to the state medical assistance program.  (B)  (i) In addition to total savings, the narrative shall detail net savings in state funds.  (ii) As used in subdivision (b)(2)(B)(i) of this section, net savings means amounts recovered by the office less payments made to the Centers for Medicare & Medicaid Services and the costs of state administrative procedures.        (c) The office may subpoena individuals, books, electronic and other records, and documents that are necessary for the completion of reports under this section.  (d)  (1) In making the report required under subsection (a) of this section, the Medicaid Inspector General shall not disclose information that jeopardizes an ongoing investigation or proceeding.  (2) The Medicaid Inspector General may disclose information in the report required under subsection (a) of this section if the information does not jeopardize an ongoing investigation or proceeding and the Medicaid Inspector General fully apprises the designated recipients of the scope and quality of the office's activities.    (e) Quarterly by April 1, July 1, October 1, and January 1 of each year, the Medicaid Inspector General shall submit to the Secretary of the Department of the Inspector General, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, Arkansas Legislative Audit, the Legislative Council, and the Attorney General an accountability statement providing a statistical profile of the referrals made to the Medicaid Fraud Control Unit of the Office of the Attorney General, audits, investigations, and recoveries.  
 (a) The Department of Human Services shall consult with the Office of Medicaid Inspector General regarding an activity undertaken by a fiscal intermediary or fiscal agent pertaining to suspected fraud, waste, or abuse.  (b) The department, in consultation with the office, shall:  (1) Develop, test, recommend, and implement methods to strengthen the capability of the Medicaid Management Information System to detect and control fraud, waste, and abuse and improve expenditure accountability;  (2)  (A) Enter into agreement with a fiscal agent in collaboration with the office's data mining technology to develop, test, and implement the new methods under subdivision (b)(1) of this section.  (B) A collaborative agreement with the office under subdivision (b)(2)(A) of this section shall be made with an agent that has demonstrated expertise in the areas addressed by the agreement;    (3)  (A) Develop, test, recommend, and implement an automated process to improve the coordination of benefits between the medical assistance program and other sources of coverage for medical assistance recipients.  (B)  (i) An automated process under subdivision (b)(3)(A) of this section initially shall examine the savings potential to the medical assistance program through retrospective review of claims paid.  (ii) The examination under subdivision (b)(3)(B)(i) of this section shall be completed no later than January 1, 2014.  (iii) If, based upon the initial experience under subdivision (b)(3)(B)(i) of this section, the Medicaid Inspector General deems the automated process to be capable of including or moving to a prospective review with negligible effect on the turnaround of claims for provider payment or on recipient access to services, the inspector in subsequent tests shall examine the savings potential through prospective, pre-claims payment review;      (4) Take all reasonable and necessary actions to intensify the state's current level of monitoring, analyzing, reporting, and responding to medical assistance program claims data maintained by the state's Medicaid Management Information System fiscal agents and ensure that any data abnormalities identified are reported to the office for appropriate action;  (5) Make efforts to improve the utilization of data in order to better assist the office in identifying fraud and abuse within the medical assistance program and to identify and implement further program and patient care reforms for the improvement of the program;  (6) Identify additional data elements that are maintained and otherwise accessible by the state, directly or through any of its contractors, that would, if coordinated with medical assistance data, further assist the office in increasing the effectiveness of data analysis for the management of the medical assistance program;  (7) Provide or arrange in-service training for state and county medical assistance personnel to increase the capability for state and local data analysis to move toward a more cost-effective operation of the medical assistance program;  (8)  (A) No later than January 1, 2014, assist the office in developing, testing, and implementing an automated process for the targeted review of claims, services, and populations or a combination of claims, services, and populations.  (B) A review under subdivision (b)(8)(A) of this section is to identify statistical aberrations in the use or billing of the services and to assist in the development and implementation of measures to ensure that service use and billing are appropriate to recipients' needs; and    (9) Pay providers for underpayments identified through actions of the office.    (c)  (1) The methods developed and recommended under subdivision (b)(1) of this section shall address without limitation the development, testing, and implementation of an automated claims review process that, before payment, shall subject a medical assistance program services claim to review for proper coding and another review as may be necessary.  (2) Services subject to review shall be based on:  (A) The expected cost-effectiveness of reviewing the service;  (B) The capabilities of the automated system for conducting the review; and  (C) The potential to implement the review with negligible effect on the turnaround of claims for provider payment or on recipient access to necessary services.    (3) A review under subdivision (c)(2) of this section shall be designed to provide for the efficient and effective operation of the medical assistance program claims payment system by performing functions, including without limitation:  (A) Capturing coding errors, misjudgments, or incorrect or multiple billing for the same service; and  (B) Possible excesses in billing or service use, whether intentional or unintentional.      (d)  (1) The Secretary of the Department of Human Services in conjunction with the office shall prepare and submit an interim report to the Governor and the cochairs of the Legislative Council on the implementation of the initiatives under this section annually.  (2) The report under subdivision (d)(1) of this section shall also include a recommendation for a revision that would further facilitate the goals of this section, including recommendations for expansion.    (e) Applicable medical assistance program rules, provider manuals, and administrative policies, procedures, and guidance shall be posted on the office's website, or by a link from the website to the department's website.  
 (a) The General Assembly finds that:  (1) Medical assistance providers potentially are able to detect and correct payment and billing mistakes and fraud if required to develop and implement compliance programs;  (2) A provider compliance program makes it possible to organize provider resources to resolve payment discrepancies, detect inaccurate billings as quickly and efficiently as possible, and to impose systemic checks and balances to prevent future recurrences;  (3) It is in the public interest that providers within the medical assistance program implement compliance programs;  (4) The wide variety of provider types in the medical assistance program necessitates a variety of compliance programs that reflect a provider's size, complexity, resources, and culture;  (5) For a compliance program to be effective, it must be designed to be compatible with the provider's characteristics;  (6) Key components shall be included in each compliance program if a provider is to be a medical assistance program participant; and  (7) A provider should adopt and implement an effective compliance program appropriate to the provider.    (b) A provider of medical assistance program items and services that receives annually seven hundred fifty thousand dollars ($750,000) or more through the state Medicaid program shall adopt and implement a compliance program.  (c)  (1) The Office of Medicaid Inspector General shall create and make available on its website guidelines including a model compliance program.  (2) A model compliance program under subdivision (c)(1) of this section shall be applicable to billings to and payments from the medical assistance program but need not be confined to billings and payments.  (3) The model compliance program required under subdivision (c)(1) of this section may be a component of a more comprehensive compliance program by the medical assistance provider if the comprehensive compliance program meets the requirements of this section.    (d) A compliance program shall include without limitation:  (1) A written policy and procedure that:  (A) Describes compliance expectations;  (B) Describes the implementation of the operation of the compliance program;  (C) Provides guidance to employees and others on dealing with potential compliance issues;  (D) Identifies a method for communicating compliance issues to appropriate compliance personnel; and  (E) Describes the method by which potential compliance problems are investigated and resolved;    (2)  (A) Designation of an employee vested with responsibility for the operation of the compliance program.  (B) The designated employee's duties may solely relate to compliance or may be combined with other duties if compliance responsibilities are satisfactorily carried out.  (C) The designated employee shall report directly to the entity's chief executive or other senior administrator and periodically shall report directly to the governing body of the provider on the activities of the compliance program;    (3)  (A) Training and education of affected employees and persons associated with the provider, including executives and governing body members, on compliance issues, expectations, and the compliance program operation.  (B) The training under subdivision (d)(3)(A) of this section shall occur periodically and shall be made a part of the orientation for a new employee, appointee, associate, executive, or governing body member;    (4)  (A) Lines of communication to the designated compliance employee that are accessible to all employees, persons associated with the provider, executives, and governing body members to allow compliance issues to be reported.  (B) The lines of communication under subdivision (d)(4)(A) of this section shall include a method for anonymous and confidential good-faith reporting of potential compliance issues as they are identified;    (5) Disciplinary policies to encourage good-faith participation in the compliance program by an affected individual, including a policy that articulates expectations for reporting compliance issues and assisting in their resolution and outlines sanctions for:  (A) Failing to report suspected problems;  (B) Participating in noncompliant behavior; and  (C) Encouraging, directing, facilitating, or permitting noncompliant behavior;    (6) A system for routine identification of compliance risk areas specific to the provider type for:  (A) Self-evaluation of the risk areas, including internal audits and as appropriate external audits; and  (B) Evaluation of potential or actual noncompliance as a result of the self-evaluations and audits;    (7) A system for:  (A) Responding to compliance issues as they are raised;  (B) Investigating potential compliance problems;  (C) Responding to compliance problems as identified in the course of self-evaluations and audits;  (D) Correcting problems promptly and thoroughly and implementing procedures, policies, and systems to reduce the potential for recurrence;  (E) Identifying and reporting compliance issues to the Department of Human Services or the Office of Medicaid Inspector General; and  (F) Refunding overpayments; and    (8) A policy of nonintimidation and nonretaliation for good-faith participation in the compliance program, including without limitation:  (A) Reporting potential issues;  (B) Investigating issues;  (C) Self-evaluations;  (D) Audits and remedial actions; and  (E) Reporting to appropriate officials.      (e)  (1) Upon enrollment in the medical assistance program, a provider shall certify to the Department of Human Services that the provider satisfactorily meets the requirements of this section.  (2) The Medicaid Inspector General shall determine whether a provider has a compliance program that satisfactorily meets the requirements of this section by requesting no more than one (1) time every year an updated certification that the provider satisfactorily meets the requirements of this section.    (f) A compliance program that is accepted by the United States Department of Health and Human Services' Office of Inspector General and remains in compliance with the standards of the Office of Medicaid Inspector General is in compliance with this section.  (g) If the Medicaid Inspector General finds that a provider does not have a satisfactory compliance program within ninety (90) days after the effective date of a rule adopted under this section, the provider is subject to any sanction or penalty permitted by a state law or rule or a federal law or regulation, including revocation of the provider's agreement to participate in the medical assistance program.  (h)  (1) The Office of Medicaid Inspector General shall adopt rules to implement this section.  (2) The rules shall be subject to review by the Legislative Council.    
 The Medicaid Fairness Act,  20-77-1701 et seq., applies to this subchapter. 
 (a) To realize savings to the Arkansas Medicaid Program and taxpayers as soon as possible, within ninety (90) days after July 1, 2014, the Office of Medicaid Inspector General shall establish a program known as the Enterprise Fraud Program that is focused on fraud, waste, abuse, and improper payments within the Arkansas Medicaid Program that utilizes state-of-the-art enterprise fraud detection technology to further support the detection and prevention within the Arkansas Medicaid Program.  (b)  (1) The office shall procure through a competitive bid an enterprise technology solution to detect and prevent fraud, waste, abuse, and improper payments.  (2) The enterprise technology solution shall use current industry standards to provide:  (A) Automated detection and alerting;  (B) Continuous monitoring of Arkansas Medicaid Program transactions;  (C) Identification of fraud, noncompliance, and improper payments both prospectively and retrospectively;  (D) Detection of nontransactional fraud such as Arkansas Medicaid Program eligibility issues and identity theft;  (E) Use of state-of-the-art analytical techniques, including without limitation:  (i) Predictive modeling;  (ii) Complex pattern analysis;  (iii) Link analysis;  (iv) Text mining; and  (v) Geospatial analysis;    (F) Feedback and self-learning capability that allow the technology to adapt to changing schemes and trends; and  (G) Demonstrated experience hosting sensitive and regulated state data.    (3) The payment for the enterprise technology solution shall be structured to provide the most economical cost to the state.  (4) The office shall begin the design phase of the procurement process upon establishment of the Enterprise Fraud Program.  (5)  (A)  (i) The Department of Human Services shall seek implementation funding from the Centers for Medicare & Medicaid Services as soon as possible.  (ii) If at least eighty percent (80%) of the funding required for the appropriation provided by this section is not received through federal matching funds from the Centers for Medicare & Medicaid Services, the Enterprise Fraud Program shall not be implemented.    (B) If the department applies for and receives any state, federal, or private funds to assist with the implementation and operation of the Enterprise Fraud Program, the department shall enter into a memorandum of understanding with other state agencies to share the cost of implementation as needed.      (c)  (1) Beginning October 1, 2014, the office shall provide quarterly reports, or more frequent reports if requested by and of the following recipients, to:  (A) The cochairs of the Joint Performance Review Committee;  (B) The Chair of the House Committee on State Agencies and Governmental Affairs;  (C) The Chair of the Senate Committee on State Agencies and Governmental Affairs;  (D) The Chair of the House Committee on Public Health, Welfare, and Labor; and  (E) The Chair of the Senate Committee on Public Health, Welfare, and Labor.    (2) The report shall include without limitation:  (A) Beginning October 1, 2014:  (i) Comprehensive data regarding the establishment and operations of the Enterprise Fraud Program, including without limitation the progress of procuring the enterprise technology solution; and  (ii) The resources and processes of each participating state agency to investigate the leads provided by the enterprise technology solution; and    (B) Beginning July 1, 2015:  (i) Incidents, types, and amounts of fraud identified;  (ii) The amount actually recovered as a result of fraud identifications;  (iii) Expected cost avoidance through benefits not issued or denied, prepayment intervention, and future behavior change through intervention; and  (iv) Proposed procedural changes resulting from fraud identification and the timeline for implementing the procedural changes.        
 This act shall be known and may be cited as the Arkansas Lay Caregiver Act. 
 As used in this subchapter:   (1) Aftercare means assistance that:  (A) Is provided by a caregiver to a patient after the discharge of the eligible patient from a hospital;  (B) Is related to the condition of the patient at the time of discharge; and  (C) Does not require a professional license under Arkansas Code Title 17, Subtitle 3, or specialized training under  20-77-2301 et seq. in order to perform the assistance;    (2) Caregiver means an individual who:  (A) Is eighteen (18) years of age or older;  (B) Provides aftercare to an individual; and  (C) Is identified by the patient or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient under 45 C.F.R.  164.510(b), as it existed on January 1, 2015;    (3) Compensation means money or another type of property of value received by an individual in exchange for the assistance or services without regard to the source of payment of the money or other type of property;  (4) Discharge means the release of a patient from hospital care to the residence of the patient following an inpatient admission;  (5) Hospital means a facility that is licensed by the Division of Health Facility Services under  20-9-213 as either a surgery and general medical care hospital or a general hospital;  (6) Legal guardian means an individual who is appointed by the court to make decisions about the health or medical care of a patient;  (7) Patient means an individual who has been admitted to a hospital for inpatient care and who is eighteen (18) years of age or older; and  (8) Residence means the dwelling that the patient considers to be the home of the patient, but does not include any rehabilitative facility, hospital, nursing home, assisted living facility, group home, or other healthcare facility licensed by the Division of Health Facility Services or the Office of Long-Term Care.  
 (a)  (1) A hospital shall provide each patient or, if applicable, the patient's legal guardian, with an opportunity to designate a caregiver following the patient's admission into a hospital and before the discharge of the patient to the residence of the patient.  (2) Before discharge, a patient may elect to change the patient's designated caregiver in the event that the original designated caregiver becomes unavailable, unwilling, or unable to care for the patient.    (b) Designation of an individual as a caregiver pursuant to this section does not obligate that individual to accept the role of caregiver for the patient.  (c) This section does not require a patient to designate a caregiver.  (d) The hospital shall be deemed to have complied in full with the requirements of this subchapter in the event that the patient or, if applicable, the legal guardian of the patient:  (1) Declines to designate a caregiver under this section; or  (2) Objects to the disclosure of medical information concerning the patient to the caregiver.    
 (a) A caregiver designated under this subchapter shall not accept compensation in exchange for aftercare provided to the patient.  (b) This subchapter does not prevent an individual who is a licensed medical professional under Arkansas Code Title 17, Subtitle 3, or has completed training as a trained in-home assistant under  20-77-2301 et seq. from serving as a caregiver under this subchapter so long as the individual does not accept compensation in exchange for aftercare provided to the patient.  
 (a) If a patient has designated a caregiver, the hospital shall notify the designated caregiver of the patient concerning the discharge or transfer of the patient to another licensed facility as soon as possible before discharge or transfer.  (b) In the event that the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient.  
 (a)  (1) As soon as practicable before the discharge of the patient, the hospital shall attempt to consult with the designated caregiver to prepare the caregiver to provide for the aftercare needs of the patient.  (2) As part of the consultation under subdivision (a)(1) of this section, the hospital shall provide the designated caregiver the opportunity to ask questions and receive answers about the aftercare needs of the patient.    (b)  (1) At or before discharge, the hospital shall provide the caregiver with the discharge plan of the patient that describes any aftercare needs of the patient.  (2) The hospital will educate the caregiver concerning the aftercare of the patient in a manner that is consistent with current accepted practices and is based on the learning needs of the caregiver.    (c) In the event that the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect an appropriate discharge of the patient.  
 (a) This subchapter shall not:  (1) Confer upon the caregiver any authority to make healthcare decisions on behalf of the patient;  (2) Create a private right of action against a hospital, hospital employee, or duly authorized agent of the hospital; or  (3) Remove the obligation of a third-party payer to cover a healthcare item or service that the third-party payer is obligated to provide to a patient under the terms of a valid agreement, insurance policy, plan, or certification of coverage or health maintenance organization contract.    (b) A hospital, hospital employee, contractor leaving a contractual relationship with a hospital, or duly authorized agent of a hospital shall not be held liable in any way for an act or omission of the caregiver.  
 This subchapter shall be known and may be cited as the Medicaid Provider-Led Organized Care Act. 
 (a) As the single state agency for administration of the medical assistance programs established under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C.  1397aa et seq., the Department of Human Services is authorized by federal law to utilize one (1) or more organizations for providing healthcare services to Medicaid beneficiary populations.  (b) The purpose of this subchapter is to establish a Medicaid provider-led organized care system that administers and delivers healthcare services for a member of an enrollable Medicaid beneficiary population in return for payment.  (c) It is the intent of the General Assembly that the Medicaid provider-led organized care system created by the department shall:  (1) Improve the experience of health care, including without limitation quality of care, access to care, and reliability of care, for enrollable Medicaid beneficiary populations;  (2) Enhance the performance of the broader healthcare system leading to improved overall population health;  (3) Slow or reverse spending growth for enrollable Medicaid beneficiary populations and for covered services while maintaining quality of care and access to care;  (4) Further the objectives of Arkansas payment reforms and the state's ongoing commitment to innovation;  (5) Discourage excessive use of services;  (6) Reduce waste, fraud, and abuse;  (7) Encourage the most efficient use of taxpayer funds; and  (8) Operate under federal guidelines for patient rights.    
 As used in this subchapter:   (1) Associated participant means an organization or individual that is a member or contractor of a risk-based provider organization and provides necessary administrative functions, including without limitation claims processing, data collection, and outcome reporting;  (2) Capitated means an actuarially sound healthcare payment that is based on a payment per person that covers the total risk for providing healthcare services as provided in this subchapter for a person;  (3)  (A) Care coordination means the coordination of healthcare services delivered by healthcare provider teams to empower patients in their health care and to improve the efficiency and effectiveness of the healthcare sector.  (B) Care coordination includes without limitation:  (i) Health education and coaching;  (ii) Promotion of links with medical home services and the healthcare system in general;  (iii) Coordination with other healthcare providers for diagnostics, ambulatory care, and hospital services;  (iv) Assistance with social determinants of health, such as access to healthy food and exercise;  (v) Promotion of activities focused on the health of a patient and the community, including without limitation outreach, quality improvement, and patient panel management; and  (vi) Community-based management of medication therapy;      (4) Carrier means an organization that is:  (A) Licensed or otherwise authorized to transact health insurance as an insurance company under  23-62-103;  (B) Authorized to provide healthcare plans under  23-76-108 as a health maintenance organization; or  (C) Authorized to issue hospital service or medical service plans as a hospital medical service corporation under  23-75-108;    (5)  (A) Covered Medicaid beneficiary population means a group of individuals with:  (i) Significant behavioral health needs, including for substance abuse treatment and services, and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the Department of Human Services; or  (ii) Intellectual or developmental disabilities and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the department.    (B) Covered Medicaid beneficiary population does not include individuals enrolled in a long-term care services and supports program under 42 U.S.C.  1396n or 42 U.S.C.  1315, due to a physical functional limitation;    (6) Direct service provider means an organization or individual that delivers healthcare services to enrollable Medicaid beneficiary populations;  (7) Enrollable Medicaid beneficiary population means a group of individuals who are either:  (A) Members of a covered Medicaid beneficiary population; or  (B) Members of a voluntary Medicaid beneficiary population;    (8) Flexible services means alternative services that are not included in the state plan or waiver of the Arkansas Medicaid Program and that are appropriate and cost-effective services that improve the health or social determinants of a member of an enrollable Medicaid beneficiary population that affect the health of the member of the enrollable Medicaid beneficiary population;  (9) Global payment means a population-based payment methodology that is actuarially sound and based on an all-inclusive per-person-per-month calculation for all benefits, administration, care management, and care coordination for enrollable Medicaid beneficiary populations;  (10) Medicaid means the programs authorized under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C.  1397aa et seq., as they existed on January 1, 2017, for the provision of healthcare services to members of enrollable Medicaid beneficiary populations;  (11) Participating provider means an organization or individual that is a member of or has an ownership interest in a risk-based provider organization and delivers healthcare services to enrollable Medicaid beneficiary populations;  (12) Quality incentive pool means a funding source established and maintained by the department to be used to reward risk-based provider organizations that meet or exceed specific performance and outcome measures;  (13) Risk-based provider organization means an entity that:  (A)  (i) Is licensed by the Insurance Commissioner under the rules established for risk-based provider organizations by the commissioner.  (ii) Notwithstanding any other provision of law, a risk-based provider organization is an insurance company upon licensure by the commissioner but is not deemed an insurer for purposes of the Arkansas Life and Health Insurance Guaranty Association Act,  23-96-101 et seq.  (iii) The commissioner shall not license a risk-based provider organization except as provided in this subchapter;    (B) Is obligated to assume the financial risk for the delivery of specifically defined healthcare services to an enrollable Medicaid beneficiary population; and  (C) Is paid by the department on a capitated basis with a global payment made, whether or not a particular member of an enrollable Medicaid beneficiary population receives services during the period covered by the payment; and    (14) Voluntary Medicaid beneficiary population means a group of individuals who:  (A) Are in need of behavioral health services or developmental disabilities services;  (B) Are eligible for the Arkansas Medicaid Program; and  (C) May elect to enroll in a risk-based provider organization if the group is not otherwise excluded by this subchapter.    
 (a) The Insurance Commissioner may license for participation in the Medicaid provider-led organized care system one (1) or more risk-based provider organizations that satisfactorily meet licensure requirements and are capable of coordinating the delivery and payment of healthcare services for the enrollable Medicaid beneficiary populations.  (b) The commissioner shall require a risk-based provider organization to enroll members of covered Medicaid beneficiary populations statewide.  
 (a) Except as provided in subsection (b) of this section, all healthcare services delivered through the Medicaid provider-led organized care system shall:  (1) Be available for all members of covered Medicaid beneficiary populations; and  (2) Be comparable in amount, duration, or scope as compared to other Medicaid-eligible individuals as specified in the state plan for medical assistance.    (b) The Medicaid provider-led organized care system shall be implemented to the extent possible, but shall not include the following services when provided to enrollable Medicaid beneficiary populations:  (1) Nonemergency medical transportation in a capitated program;  (2) Dental benefits in a capitated program;  (3) School-based services provided by school employees;  (4) Skilled nursing facility services;  (5) Assisted living facility services;  (6) Human development center services; or  (7) Waiver services provided to adults with physical disabilities through the ARChoices in Homecare program or the Arkansas IndependentChoices program.    
 (a) A risk-based provider organization shall:  (1) Be authorized to conduct business in the state;  (2) Hold a valid certificate of authority issued by the Secretary of State;  (3) Have an ownership interest of not less than fifty-one percent (51%) by participating providers; and  (4) Include within membership of the risk-based provider organization:  (A) An Arkansas licensed or certified direct service provider of developmental disabilities services;  (B) An Arkansas licensed or certified direct service provider of behavioral health services;  (C) An Arkansas licensed hospital or hospital services organization;  (D) An Arkansas licensed physician practice; and  (E) A pharmacist who is licensed by the Arkansas State Board of Pharmacy.      (b) A risk-based provider organization that meets the requirements of subsection (a) of this section may include any of the following entities for access to and coordination with direct service providers and to facilitate access to flexible services and other community and support services:  (1) A carrier;  (2) An administrative entity;  (3) A federally qualified health center;  (4) A rural health clinic;  (5) An associated participant; or  (6) Any other type of direct service provider that delivers or is qualified to deliver healthcare services to enrollable Medicaid beneficiary populations.    (c) A risk-based provider organization may provide healthcare services directly to enrollable Medicaid beneficiary populations or through:  (1) A direct service provider that is a participating provider in the risk-based provider organization;  (2) A direct service provider subcontracted by the risk-based provider organization; or  (3) An independent provider that enters into a provider agreement or business relationship with a direct service provider.    (d)  (1) Except as provided in subdivision (d)(2) of this section, reimbursement rates paid by a risk-based provider organization to direct service providers shall:  (A) Be determined by mutual agreement of the risk-based provider organization and direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and  (B) Assure efficiency, economy, quality, and equal access to enrollable Medicaid beneficiary populations in the same manner as to individuals who are not covered by the Arkansas Medicaid Program.    (2) The reimbursement rates established by a risk-based provider organization shall not be subject to any administrative review by the Insurance Commissioner.  (3) A risk-based provider organization may contract with the Community Pharmacy Enhanced Services Network to provide enhanced pharmacist services to manage complex patients at a mutually agreed upon rate schedule.    (e)  (1) Except as provided in subdivision (e)(2) of this section, all policies and procedures regarding the provision of healthcare services by a direct service provider shall:  (A) Be determined by mutual agreement of the risk-based provider organization and the direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and  (B) Assure efficiency, economy, quality, and equal access to the enrollable Medicaid beneficiary population in the same manner as individuals who are not covered by the Arkansas Medicaid Program.    (2) A direct service provider that is delivering services to the enrollable Medicaid beneficiary populations shall:  (A) Meet any licensing or certification requirements set by law or rule; and  (B) Not otherwise be disqualified from participating in the Arkansas Medicaid Program or Medicare.      (f) Upon licensure by the commissioner, a risk-based provider organization shall perform the following functions:  (1) Enroll members of enrollable Medicaid beneficiary populations into the risk-based provider organization and remove members of enrollable Medicaid beneficiary populations from the risk-based provider organization;  (2) Ensure the following:  (A) Protection of beneficiary rights and due process in accordance with federally mandated regulations governing Medicaid managed care organizations;  (B) Proper credentialing of direct service providers in accordance with state and federal requirements;  (C) Care coordination of members enrolled into the risk-based provider organization; and  (D) A consumer advisory council consisting of consumers of developmental disability services and behavioral health services, including substance abuse treatment and services;    (3) Process claims or otherwise ensure payment to direct service providers within time frames established under federal regulations for goods and services delivered to the enrollable Medicaid beneficiary populations;  (4) Maintain the following:  (A) A network of direct service providers sufficient to ensure that all services to recipients are adequately accessible within time and distance requirements defined by the state; and  (B) A reserve of six million dollars ($6,000,000) and an additional amount as determined by the commissioner at the initial licensure based upon the risk assumed and the projected liabilities under standards promulgated by rules of the State Insurance Department;    (5) Comply with all data collection and reporting requirements established by the commissioner;  (6) Provide the following:  (A) Financial reports and information to the commissioner as required by the commissioner in rules applicable to risk-based provider organizations; and  (B) Practice and clinical support to direct service providers; and    (7) Manage the following:  (A)  (i) Global capitated payments and the attendant financial risks for delivery of services to the enrollable Medicaid beneficiary populations.  (ii) The Department of Human Services shall develop actuarially sound capitated rates for a defined scope of services under a risk methodology that may include risk adjustments, reinsurance, and stop-loss funding methods; and    (B)  (i) Incentive payments received from the Department of Human Services when quality and outcome measures are achieved.  (ii) The Department of Human Services shall develop rules, in consultation with direct service providers for individuals with behavioral health needs and individuals with intellectual and development disabilities, establishing criteria for quality incentive payments to encourage and reward delivery of high-quality care and services by a risk-based provider organization.        
 (a)  (1) On a quarterly basis, a risk-based provider organization shall submit to the Department of Human Services protected health information for each member of a covered Medicaid beneficiary population and a voluntary Medicaid beneficiary population enrolled with the risk-based provider organization in accordance with standards and procedures adopted by the department, including without limitation:  (A) Claims data, including without limitation:  (i) Denial rates; and  (ii) Claims-paid rates;    (B) Encounter data;  (C) Unique identifiers;  (D) Geographic and demographic information;  (E) Patient satisfaction scores; and  (F) Other information as required by the state.    (2) Personally identifiable data submitted under this section shall be treated as confidential and is exempt from disclosure under the Freedom of Information Act of 1967,  25-19-101 et seq.    (b) The department shall use the data submitted under subsection (a) of this section to measure the performance of the risk-based provider organization in:  (1) Delivery of services;  (2) Patient outcomes;  (3) Efficiencies achieved; and  (4) Quality measures.    (c) Performance measures established by the department shall at a minimum monitor:  (1) Reduction in unnecessary hospital emergency department utilization;  (2) Adherence to prescribed medication regimens;  (3) Reduction in avoidable hospitalizations for ambulatory-sensitive conditions; and  (4) Reduction in hospital readmissions.    (d) The department shall issue funds from the quality incentive pool above the amount of the global payments initially provided to a risk-based provider organization that meets or exceeds specific performance and outcome measures established by the department.  (e) On a quarterly basis, the department shall report to the Legislative Council, or to the Joint Budget Committee if the General Assembly is in session, available information regarding:  (1) Risk-based provider organization membership enrollment and distribution;  (2) Patient experience data; and  (3) Financial performance, including demonstrated savings.    
 The Department of Human Services:   (1) Shall submit an application for any federal waivers, federal authority, or state plan amendments necessary to implement this subchapter; and  (2) May promulgate rules as necessary to implement this subchapter.  
 (a) The General Assembly finds that:  (1) Emergency medical services constitute an invaluable part of the healthcare delivery system of Arkansas;  (2) Emergency medical services will be a key element in any healthcare reform initiative;  (3) Emergency medical services are a key component of any economic development program as emergency medical services are essential to recruiting and retaining industry;  (4) Emergency medical services are a critical element of the emergency preparedness system within Arkansas; and  (5) While containing the cost of funding within the Arkansas Medicaid Program and providing healthcare services for the poor and uninsured individuals of this state are vital interests, the challenges associated with appropriate reimbursement for emergency medical services under the Arkansas Medicaid Program are recognized.    (b) It is the intent of the General Assembly to assure appropriate reimbursement by establishing an assessment on emergency medical services to preserve vital emergency medical services for all residents of Arkansas.  
 As used in this subchapter:   (1) Air ambulance services means services authorized and licensed by the Department of Health to provide care and air transportation of patients;  (2) Ambulance services means services authorized and licensed by the department to provide care and transportation of patients upon the streets and highways of Arkansas;  (3) Emergency medical services means:  (A) The transportation and medical care provided an ill or injured person before arrival at a medical facility by licensed emergency medical services personnel or other healthcare provider;  (B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility; and  (C) Integrated medical care in emergency and nonurgent settings with the oversight of a physician;    (4)  (A) Medical transportation means emergency medical services provided through ambulance services and air ambulance services.  (B) Medical transportation does not include nonemergency ambulance services;    (5) Medical transportation provider means a licensed provider of medical transportation;  (6) Net operating revenue means the gross revenues earned for providing medical transportation in Arkansas, excluding amounts refunded to or recouped, offset, or otherwise deducted by a patient or payer for medical transportation;  (7)  (A) Nonemergency ambulance services means the transport in a motor vehicle to or from medical facilities, including without limitation hospitals, nursing homes, physicians' offices, and other healthcare facilities of persons who are ill or injured and who are transported in a reclining position.  (B) Nonemergency ambulance services does not include transportation provided by licensed hospitals that own and operate the ambulance for their own admitted patients;    (8) Specialty-hospital-based ambulance services means ambulance services provided by an acute care general hospital that limits healthcare services primarily to children and qualifies as exempt from the Medicare prospective payment system regulation;  (9) Upper payment limit means the lesser of the customary charges of the medical transportation provider or the prevailing charges in the locality of the medical transportation provider for comparable services under comparable circumstances, calculated according to methodology in an approved state plan amendment for the Arkansas Medicaid Program; and  (10)  (A) Upper payment limit gap means the difference between the upper payment limit of the medical transportation provider and the Medicaid payments not financed using medical transportation assessment made to all medical transportation providers.  (B) Upper payment limit gap is calculated separately for ambulance services and air ambulance services.    
 (a)  (1) Except as provided in this subchapter, an assessment is imposed on each medical transportation provider for each state fiscal year in an amount calculated as a percentage of the net operating revenues of the medical transportation provider.  (2) The assessment rate shall be determined annually based upon the percentage of net operating revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to the Arkansas Medicaid Program under  20-77-2805(f)(1)(C), but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R.  433.68(f)(3)(i).  (3) The assessment rate described in subsection (a) of this section shall be determined after consultation with The Arkansas Ambulance Association or its successor association.    (b) This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment:  (1) Upon medical transportation providers; or  (2) Measured by the income or earnings of a medical transportation provider.    
 (a) The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter.  (b)  (1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter.  (2) Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the medical transportation provider assessment imposed under  20-77-2803.  (3) The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for:  (A) Calculating of upper payment limits;  (B) Reporting of net operating revenue;  (C) Imposing and collecting of the medical transportation provider assessment imposed under  20-77-2803; and  (D) Enforcing this subchapter, including without limitation letters of caution or sanctions.    (4) The rules adopted under subdivision (b)(1) of this section shall specify which time periods are used as the basis for the calculation of the assessment in each state fiscal year.    (c) To the extent practicable, the division shall administer and enforce this subchapter and collect the assessments, interest, and penalty assessments imposed under this subchapter using procedures generally employed in the administration of the division's other powers, duties, and functions.  
 (a)  (1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the Medical Transportation Assessment Account.  (2) The medical transportation provider assessments imposed under  20-77-2803 shall be deposited into the Medical Transportation Assessment Account.    (b) Moneys in the Medical Transportation Assessment Account shall consist of:  (1) All moneys collected or received by the Division of Medical Services of the Department of Human Services from medical transportation provider assessments imposed under  20-77-2803;  (2) Any interest or penalties levied in conjunction with the administration of this subchapter; and  (3) Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable.    (c) The Medical Transportation Assessment Account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.  (d) Moneys in the Medical Transportation Assessment Account shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid.  (e) The Medical Transportation Assessment Account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.  (f)  (1) Except as necessary to reimburse any funds borrowed to supplement funds in the Medical Transportation Assessment Account, the moneys in the Medical Transportation Assessment Account shall be used only as follows:  (A) To make emergency medical transportation access payments under  20-77-2809;  (B) To reimburse moneys collected by the division from medical transportation providers through error or mistake or under this subchapter; or  (C) To pay an annual fee to the division in the amount of three and three-fourths percent (3.75%) of the assessments collected from medical transportation providers under  20-77-2803 each state fiscal year.    (2)  (A) The Medical Transportation Assessment Account shall retain account balances remaining each fiscal year.  (B) At the end of each fiscal year, any positive balance remaining in the Medical Transportation Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of medical transportation provider assessment funds that must be generated during the subsequent fiscal year.    (3) A medical transportation provider shall not be guaranteed that its emergency medical transportation access payments will equal or exceed the amount of its medical transportation provider assessment.    
 (a) The following medical transportation providers are exempt from the assessment imposed under  20-77-2803 unless the exemption is adjudged to be unconstitutional or otherwise determined to be invalid:  (1) Volunteer ambulance services;  (2) Ambulance services owned by the state, county, or political subdivision;  (3) Nonemergency ambulance services;  (4) Air ambulance services; and  (5) Specialty-hospital-based ambulance services.    (b) If an exemption under subsection (a) of this section is adjudged to be unconstitutional or otherwise determined to be invalid, the applicable medical transportation provider shall pay the assessment imposed under  20-77-2803.  
 (a)  (1) The annual medical transportation provider assessment imposed under  20-77-2803 shall be due and payable on a quarterly basis.  (2) However, an installment payment of an assessment imposed by  20-77-2803 shall not be due and payable until:  (A) The Division of Medical Services of the Department of Human Services issues the written notice required by  20-77-2808(a) stating that the payment methodologies to medical transportation providers required under  20-77-2809 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R.  433.68 for the assessment imposed by  20-77-2803, if necessary, has been granted by the Centers for Medicare & Medicaid Services;  (B) The thirty-day verification period required by  20-77-2808(b) has expired; and  (C) The division has made all quarterly installments of emergency medical transportation access payments that were otherwise due under  20-77-2809 consistent with the effective date of the approved state plan amendment and waiver.    (3) After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by  20-77-2803 shall be due and payable within ten (10) business days after the medical transportation provider has received its emergency medical transportation access payments due under  20-77-2809 for the applicable quarter.    (b)  (1) If a medical transportation provider fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment:  (A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and  (B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (b)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts.    (2) Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.  (3) If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit, and reasonable attorney's fees.    
 (a)  (1) The Division of Medical Services of the Department of Human Services shall send a notice of assessment to each medical transportation provider informing the medical transportation provider of the assessment rate, the medical transportation provider's net operating revenue calculation, and the estimated assessment amount owed by the medical transportation provider for the applicable fiscal year.  (2) Except as set forth in subdivision (a)(3) of this section, annual notices of assessment shall be sent at least forty-five (45) days before the due date for the first quarterly assessment payment of each fiscal year.  (3) The first notice of assessment shall be sent within seventy-five (75) days after receipt by the division of notification from the Centers for Medicare & Medicaid Services that the payments required under  20-77-2809 and, if necessary, the waiver granted under 42 C.F.R.  433.68 have been approved.    (b) The medical transportation provider shall have thirty (30) days from the date of its receipt of a notice of assessment to review and verify the assessment rate, the medical transportation provider's net operating revenue calculation, and the estimated assessment amount.  (c)  (1) If a medical transportation provider operates, conducts, or maintains more than one (1) medical transportation provider in the state, the medical transportation provider shall pay the assessment for each medical transportation provider separately.  (2) However, if the medical transportation provider operates more than one (1) medical transportation provider under one (1) Medicaid provider number, the medical transportation provider may pay the assessment for the medical transportation providers in the aggregate.    (d)  (1) For a medical transportation provider subject to the assessment imposed under  20-77-2803 that ceases to conduct medical transportation operations or maintain its state license or did not conduct medical transportation operations throughout a state fiscal year, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the annual assessment computed under  20-77-2803 by a fraction, the numerator of which is the number of days during the year that the medical transportation provider operated and the denominator of which is three hundred sixty-five (365).  (2) Immediately upon ceasing to operate, the medical transportation provider shall pay the adjusted assessment for that state fiscal year to the extent not previously paid.    (e) A medical transportation provider subject to an assessment under this subchapter that has not been previously licensed as a medical transportation provider in Arkansas and that commences medical transportation operations during a state fiscal year shall pay the required assessment computed under  20-77-2803 and shall be eligible for emergency medical transportation access payments under  20-77-2809 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (f) A medical transportation provider that is exempted from payment of the assessment under  20-77-2806 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes subject to the assessment shall pay the required assessment computed under  20-77-2803 and shall be eligible for emergency medical transportation access payments under  20-77-2809 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act,  25-15-201 et seq.  (g) A medical transportation provider that is subject to payment of the assessment computed under  20-77-2803 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes exempted from payment under  20-77-2806 shall be relieved of its obligation to pay the medical transportation provider assessment and shall become ineligible for emergency medical transportation access payments under  20-77-2809 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act,  25-15-201 et seq.  
 (a) To preserve and improve access to medical transportation services, for medical transportation services rendered on or after July 1, 2017, the Division of Medical Services of the Department of Human Services shall make emergency medical transportation access payments as set forth in this section.  (b) The division shall calculate the emergency medical transportation access payment amount as the balance of the Medical Transportation Assessment Account plus any federal matching funds earned on the balance, up to but not to exceed the upper payment limit gap for all medical transportation providers.  (c)  (1) Except as provided in  20-77-2806, all medical transportation providers shall be eligible for emergency medical transportation access payments each state fiscal year as set forth in this subsection.  (2)  (A) In addition to any other funds paid to medical transportation providers for emergency medical services to Medicaid patients, each eligible medical transportation provider shall receive emergency medical transportation access payments each state fiscal year equal to the medical transportation provider's proportionate share of the total upper payment limit gap for all providers of emergency medical services.  (B) Emergency medical transportation access payments shall be made on a quarterly basis.  (C) In addition to other rules as the division determines are necessary to implement emergency medical transportation access payments, the division may create separate levels of assessments and emergency medical transportation access payments for ambulance services and air ambulance services.      (d) An emergency medical transportation access payment shall not be used to offset any other payment by Medicaid for emergency or nonemergency services to Medicaid beneficiaries.  
 (a) The medical transportation provider assessment imposed under  20-77-2803 shall cease to be imposed, the emergency medical transportation access payments made under  20-77-2809 shall cease to be paid, and any moneys remaining in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to medical transportation providers in proportion to the amounts paid by them if:  (1) The Medical Transportation Assessment Account access payments required under  20-77-2809 are changed or the assessments imposed under  20-77-2803 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C.  1397aa et seq.; or  (2) It is determined in the course of an administrative adjudication or in an action under  25-15-207 that the Division of Medical Services of the Department of Human Services:  (A) Established Medicaid medical transportation provider payment rates that include an offset, in whole or in part, for any emergency medical transportation access payments under  20-77-2809; or  (B) Included the net effect of any emergency medical transportation access payment under  20-77-2809 when considering whether Medicaid medical transportation provider payment rates are:  (i) Consistent with efficiency, economy, and quality of care; and  (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.        (b)  (1) The medical transportation provider assessment imposed under  20-77-2803 shall cease to be imposed and the emergency medical transportation access payments under  20-77-2809 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq.  (2) Moneys in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under  20-77-2809 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to medical transportation providers in proportion to the amounts paid by them.    
 (a) The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of emergency medical transportation access payments under  20-77-2809, no later than forty-five (45) days after June 15, 2017.  (b) If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall:  (1) Not implement the assessment imposed under  20-77-2803; and  (2) Return any assessment fees to the medical transportation providers that paid the fees if assessment fees have been collected.    
 (a)  (1) When medical assistance benefits are provided or will be provided to a medical assistance recipient because of injury, disease, disability, or death for which a third party is or may be liable, the appropriate division of the Department of Human Services may recover from the person the cost of benefits so provided.  (2) To enforce the right under subdivision (a)(1) of this section, the department may institute and prosecute legal proceedings against the third person who may be liable.    (b)  (1) An action taken on behalf of the division under this section or any judgment rendered in the action shall not be a bar to any action upon the claim or cause of action of the recipient, his or her guardian, personal representative, estate, or survivors against the third party who is or may be liable for the injury.  (2) An action under this section does not deny to the recipient the recovery for that portion of any damages not covered hereunder.    (c)  (1) The department may recover from a third party the cost of benefits for medical care provided to indigent persons from third persons, another program administered by the department, or a program administered through another department or agency of state government.  (2) The department shall remit to other departments or agencies of state government any amounts recovered, less its pro rata share and costs of collection, for care provided by them.    (d)  (1) In actions in tort hereunder, no contributory or comparative fault of a recipient shall be attributed to the state, nor shall any restitution awarded to the state be denied or reduced by any amount or percentage of fault attributed to a recipient.  (2) Notwithstanding subdivision (d)(1) of this section, if the recipient used a device, machine, or product after being warned, either verbally or in writing, that the use, misuse, or improper operation of the device, machine, or product was dangerous, risky, or could result in injury or harm to the recipient, then the statutory or common law defenses of contributory or comparative fault or negligence that could be asserted by the defendant against the recipient may also be asserted by the defendant in any action by the department or other agency of state government, and if the defenses are supported by the evidence, then recovery may be denied or reduced in the same manner as if the recipient were the plaintiff.    
 (a) When an action or claim is brought by a medical assistance recipient or his or her legal representative against a third party who may be liable for injury, disease, disability, or death of a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program.  (b) In the event of judgment or award in a suit or claim against a third party, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses and attorney's fees. After the payment of these expenses and attorney's fees, the court or agency shall order that the Department of Human Services receive an amount sufficient to reimburse the department the full amount of benefits paid on behalf of the recipient under the medical assistance program. The remainder shall be awarded to the medical assistance recipient.  
 (a) If an action is prosecuted both by the medical assistance recipient and the division against a third party who is or may be liable for injury, disease, disability, or death of the medical assistance recipient, then in the event of judgment or award in a suit or claim against the third party, the court shall first order paid from any judgment or award the reasonable litigation expenses incurred in prosecution of the action or claim, together with reasonable attorney's fees based solely on the services rendered for the benefit of the recipient.  (b) After payment of expenses and attorney's fees, the court shall order that the division receive an amount sufficient to reimburse the division the full amount of benefits paid on behalf of the recipient under the medical assistance program.  (c) The remainder shall be awarded to the medical assistance recipient.  
 (a)  (1) If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action.  (2) This notice shall contain the names of the third party and the court in which the action is brought.  (3) Proof of the notice shall be filed in the action.  (4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts.    (b)  (1) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services.  (2) All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained.    
 (a) A judgment, an award, or a settlement in any action or claim by a medical assistance recipient to recover damages for injuries, disease, disability, or death in which the Department of Human Services has an interest, shall not be satisfied without first giving the department notice and a reasonable opportunity to establish its interest.  (b) If a recipient, his or her guardian, attorney, or personal representative disposes of the funds that are to be held for the benefit of the department under this section without the written approval of the department, that person shall be liable to the department for any amount that, as a result of the disposition of the funds, is not recoverable by the department.  (c) In addition to the amount of the department's claim, a recipient, his or her guardian, attorney, or personal representative who knowingly fails to obtain written approval from the department before disposing of funds under this section is liable to the department for:  (1) A penalty equal to ten percent (10%) of the amount of the department's claim; and  (2) Reasonable costs and attorney's fees.    
 (a) As used in this section:  (1) Health insurer means a commercial insurance company offering health or casualty insurance to individuals or groups including without limitation experience-rated insurance contracts and indemnity contracts that offer the following:  (A) Automobile insurance, including casualty, medical payment, uninsured motorist bodily injury coverage, and underinsured benefits except benefits payable for or limited under the terms of the policy to property damage or wrongful death;  (B) A group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C.  1001 et seq., as it existed on January 1, 2007;  (C) A healthcare plan as defined in  23-76-102 or similar laws of another state;  (D) A health maintenance organization;  (E) A liability insurance plan;  (F) A hospital and medical service corporation as defined in  23-75-101;  (G) A managed care organization;  (H) A company that offers or administers health or casualty insurance to individuals or groups;  (I) A profit or nonprofit prepaid plan offering either medical services or full or partial payment for services that are reimbursed by Medicaid;  (J) An organization administering health or casualty insurance plans, including self-insured and self-funded plans;  (K) Other parties that are by statute, contract, or agreement, legally responsible for payment of a healthcare item or service;  (L) A pharmacy benefits manager; and  (M) Workers' compensation;    (2) Medicaid means the medical assistance program established under  20-77-101 et seq.; and  (3) Third party means an individual, an entity, or a program that is or may be liable to pay all or part of the expenditures for Medicaid services furnished by Medicaid.    (b) A third party or health insurer that is legally liable for any medical cost of an injury, disease, disability, or condition requiring medical treatment for which Medicaid has paid, or has assumed liability to pay, shall be liable to reimburse Medicaid the lesser of:  (1) The difference between:  (A) The amount previously paid in good faith by a third party or health insurer to a recipient or healthcare provider for the medical cost of an injury, a disease, or a disability; and  (B) The full amount of the liability of the third party or health insurer; or    (2) The full amount paid by Medicaid for the medical cost of an injury, a disease, or a disability.    (c) Upon request of the Department of Human Services, a health insurer doing business in this state shall provide the department with eligibility and coverage information that will enable the department to determine:  (1) Which Medicaid recipients may be or may have been covered by the third party or health insurer;  (2) The period of the coverage;  (3) The coverage; and  (4) The name, address, and identifying number of the plan.    (d) A health insurer shall:  (1) Accept Medicaid's right of recovery and the assignment to Medicaid of the right of a Medicaid recipient or other entity for payment from the health insurer or a third party for an item or a service for which Medicaid has made payment;  (2) Subject to the time limits imposed under subdivision (d)(3) of this section and subsection (f) of this section, process and, if appropriate, pay Medicaid reimbursement claims to the same extent that the plan would have been liable had it been properly billed at the point of sale; and  (3) Agree not to deny claims submitted by the department based on:  (A) A failure to present proper documentation of coverage at the point of sale; or  (B) The date of submission of the claim if the claim is submitted within three (3) years from the date on which the claimed item or service was furnished.      (e) The assignment to Medicaid of the right of a Medicaid recipient or other entity for payment from the third party or health insurer for an item or a service for which Medicaid has made payment occurs at the time the recipient requests an item or a service.  (f)  (1) A health insurer shall respond to any inquiry by the department regarding claims submitted within three (3) years after the date on which the item or service was furnished.  (2) The department shall begin an action to enforce Medicaid's rights with respect to a claim within six (6) years of the department's submission of the claim.    (g) Nothing in this subchapter requires a health insurer to reimburse Medicaid for items or services that Medicaid does not or did not cover for the recipient.  (h)  (1) The department shall adopt rules necessary to implement this subchapter.  (2) The rules shall:  (A) Conform to the Arkansas Administrative Procedure Act,  25-15-201 et seq.; and  (B) Include provisions for contractual agreements between the department and health insurers specifying the procedures for data exchanges made under this subchapter.      
 (a) As a condition of eligibility, every Medicaid applicant shall automatically assign his or her right to any settlement, judgment, or award which may be obtained against any third party to the Department of Human Services to the full extent of any amount which may be paid by Medicaid for the benefit of the applicant.  (b) The application for Medicaid benefits shall, in itself, constitute an assignment by operation of law.  (c) The assignment shall be considered a statutory lien on any settlement, judgment, or award received by the recipient from a third party.  (d) Every Medicaid applicant, as a condition of eligibility, shall cooperate in establishing paternity, except for good cause shown, for a child born out of wedlock for whom the recipient can legally assign rights, in obtaining medical care, support, and payments for himself or herself or any other person for whom the individual can legally assign rights, and in identifying and providing information to assist the department and the Office of Child Support Enforcement in pursuing any liable third party.  
 All recipients of medical assistance under the Arkansas Medicaid Program shall be deemed to have authorized all third parties including, but not limited to, insurance companies and providers of medical care to release to the Department of Human Services information needed by the department to secure or enforce its rights as assignee under  20-77-306. 
 No policy of accident or illness insurance issued or renewed after July 1, 1981, shall contain any provision denying or reducing benefits because services are rendered to an insured or dependent who is eligible for medical assistance under the Arkansas Medicaid Program. 
 After July 1, 1981, no service plan corporation shall deliver, issue for delivery, or renew any subscriber's contract which contains any provision denying or reducing benefits because services are rendered to a subscriber or dependent who is eligible for medical assistance under the Arkansas Medicaid Program. 
 After July 1, 1981, no association authorized to do business in this state which provides or pays for any healthcare benefits shall issue any certificate which contains any provision denying or reducing benefits because services are rendered to a certificate holder or beneficiary who is eligible for medical assistance under the Arkansas Medicaid Program. 
 General exclusion or reduction provisions relating to benefits paid by or eligibility under governmental programs, whether state or federal, shall not be construed to apply to the Arkansas Medicaid Program. 
 Billing statements forwarded to recipients of medical assistance by vendors of medical care shall clearly state that reimbursement from the Arkansas Medicaid Program is contemplated. 
 As used in this subchapter:   (1) Action or claim means a complaint, demand letter, or any other notification given to a third party by the Department of Human Services, the medical assistance recipient, the recipient's attorney, or any person acting on behalf of the recipient that the department or the medical assistance recipient requests payment from a third party for damages to the medical assistance recipient for injury, disease, disability, or death for which a third party is or may be liable;  (2)  (A) Medical assistance recipient means any person, including a minor, on whose behalf the department has paid medical assistance payments due to injury, disease, or disability.  (B) Medical assistance recipient includes a party acting on behalf of the medical assistance recipient, such as a parent, guardian, conservator, other personal representative, estate, or survivor; and    (3) Third party means an individual, entity, or a program that is or may be liable to pay all or part of the expenditures for medical assistance payments made by the department.  
 (a) The Department of Human Services is entitled to reimbursement for past medical assistance payments from that portion of a third-party settlement, judgment, or award or from any other third-party payment that compensates for the medical expenses.  (b) The department is entitled to receive the full amount of its medical assistance claim under this subchapter unless the portion of the third-party settlement, judgment, or award or other third-party payment that compensates for the medical expenses is less than the full amount of the department's medical assistance claim.  (c) The department's claim for medical assistance payments under this subchapter has priority over any claim by a medical care provider.  (d) The department's rights under this subchapter are not extinguished by any right possessed, asserted or not asserted, by a medical assistance recipient or other person.  
 The purpose of this subchapter is to allow for the continued operation of a prescription drug program as a portion of the Title XIX Medicaid Program for the State of Arkansas. 
 (a) The Secretary of the Department of Human Services and the deputy director of the appropriate division of the Department of Human Services are authorized to provide for continued coverage of prescription drugs under the Title XIX Medicaid Program for the State of Arkansas.  (b) The secretary and deputy director are authorized to establish necessary program guidelines to control the provision of this service, provided that the guidelines are not in conflict with any federal or state law or regulation.  
 (a) The Secretary of the Department of Human Services and the deputy director shall pay each participating pharmacist for each prescription filled under this program the pharmacist's usual and customary charge to the general public for the drug.  (b) However, until existing federal regulations limiting reimbursement for a drug to the lower of the pharmacist's usual and customary charge, or cost of the drug plus a reasonable dispensing fee, are modified or declared invalid by a court, the secretary and the deputy director shall pay for each prescription, the lower of:  (1) The pharmacist's usual and customary charge to the general public for the drug; or  (2) The pharmacist's cost of the drug plus a dispensing fee. The fee will be adjusted annually on July 1 of each year by the percentage change in the Consumer Price Index, except that on any July 1 immediately following a subsequent cost-of-dispensing survey conducted by the appropriate division of the Department of Human Services, the fee will be adjusted using the formula used by the secretary and the deputy director to determine the July 1, 1980, fee or other such formula as may be developed subsequently by the secretary and the deputy director with the approval of the Legislative Council.    (c) In addition to the amounts paid under subdivisions (b)(1) and (2) of this section, at such time as federal regulations shall permit, the pharmacist will also be paid any additional direct and indirect costs which are generated by participation in the Title XIX Medicaid Program. The new additional costs will be paid by the state.  
 (a) The Secretary of the Department of Human Services and the deputy director are directed to seek approval by the United States Department of Health and Human Services of the provisions of this subchapter so as to qualify this program for maximum contributions from the United States Department of Health and Human Services under its regulations until those regulations are declared invalid or modified.  (b) If, and to the extent that, the United States Department of Health and Human Services hereafter makes any valid rule that any provision of this subchapter disqualifies this program for the maximum contribution, the secretary and the deputy director are directed to comply with any ruling to the extent necessary to qualify for the maximum contribution.  
 Drugs dispensed under the Arkansas Medicaid Program provided for in this subchapter shall, so far as possible, be prescribed and dispensed as generic drugs. 
 For the purpose of this subchapter, unless the context otherwise requires, the term ocular practitioner shall include all persons licensed under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq., and all persons licensed under the Arkansas Optometry Practices Act,  17-90-101 et seq., and none other. 
 (a) Nothing in this subchapter shall apply to any person who personally takes, carries, or transports a person with an injured or cut eye due to a current accidental injury or current trauma to any physician or surgeon licensed under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq., in an emergency, or personally calls any physician or surgeon on behalf of that person in an emergency.  (b) Nothing in this subchapter shall apply to any person licensed under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq., or the Arkansas Optometry Practices Act,  17-90-101 et seq., when that person is engaged in the practice of medicine as defined in  17-95-202 or engaged in the practice of optometry as defined in  17-90-101.  
 Nothing in this subchapter shall be construed to enlarge or diminish the practice of optometry as defined by law in  17-90-101. 
 (a) Any person violating this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).  (b) Each violation shall constitute a separate offense and shall be punishable as such.  
 (a) The circuit courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin any violation of this subchapter by complaint by any resident or state board of this state in the county in which the alleged violation of this subchapter occurred, in the county where the plaintiff resides, in which the defendant resides or, if there is more than one (1) defendant, in the county in which any defendant resides.  (b) The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this subchapter, but the remedy of injunction shall be in addition to liability to criminal prosecution, it being the intention to provide a speedy remedy against violations in the interest of public health.  
 (a) Every person eligible for an eye examination, the payment for which shall or may be made out of public money, is guaranteed his or her freedom of choice between persons licensed under the laws governing the practice of optometry,  17-90-101 et seq., and persons licensed under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq.  (b) Every person eligible for an ear examination the payment for which shall or may be made out of public money is guaranteed his or her freedom of choice between persons licensed under the Licensure Act of Speech-Language Pathologists and Audiologists,  17-100-101 et seq., or persons licensed under the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq., and  17-95-401 et seq.  
 (a) When expending public money for any purpose involving human eye examinations or the care of vision or examinations for the correction or relief of any visual or muscular anomaly of the eye, any state board, agency, commission, department, or political subdivision, or any employee or member thereof, created or existing under the Arkansas Constitution or by act of the General Assembly, including public schools or other state agencies and their employees or any governmental employees who, in the performance of duty, are responsible for such expenditures, when informing a person eligible for an eye examination or a vision examination or for an examination for the correction of any visual or muscular anomaly of the eye, shall under no circumstances give, tell, or inform the eligible person by direct or indirect reference or suggestion, the name, address, or classification of any ocular practitioner, except that the eligible person shall be furnished one (1) printed list only of all ocular practitioners, with the office address of each, practicing within the State of Arkansas.  (b) The list shall be broken down by counties and shall list ocular practitioners in alphabetical order by county and shall show the county in which the ocular practitioner designates that he or she maintains his or her principal office.  (c) The name of the ocular practitioner shall appear only one (1) time on the list and shall show only his or her name, principal office address, and the classification or designation M.D. or O.D. or D.O., as the case may be, after each name and nothing else.  (d)  (1) It shall be the duty of the Department of Human Services or its successors to prepare and revise the list from time to time but not less often than each six (6) months.  (2) The revised list shall be filed with the Secretary of State on March 31 and September 30 of each year.  (3) No public employee shall furnish any list or inform any person who is eligible for public money by direct or indirect reference or suggestion the name, address, or classification of any ocular practitioner until the list is on file with the Secretary of State and then only in accordance with the provisions of this subchapter.    (e) The list shall show only the names of those ocular practitioners who request the department to place his or her name upon the list. Once the name of the ocular practitioner is upon this list, no further request from the ocular practitioner shall be necessary. The name of any ocular practitioner shall be removed from the list upon his or her written request to the department.  (f) The eligible person shall be free to choose any ocular practitioner from the list regardless of the person's place of residence or the location of the office of the ocular practitioner.  
 The recommendation or naming of any particular ocular practitioner or group of ocular practitioners, professional association or firm, corporation, or association by any state employee or member of any state board, commission, department, political subdivision, or public school employee engaged in the expenditure of public money for eye examinations or vision examinations is declared to be an unlawful act and a public nuisance. 
 It is the intent of the General Assembly to provide a method of assisting those persons within the state who as a result of personal injury, disability, or other medical condition are in need of supplemental benefits to improve or maintain reasonable quality-of-life standards. To this end, it is the further intent of the General Assembly to provide benefits in the amount of expenses actually incurred to satisfy those special needs. Furthermore, the cotrustees of the Special Needs Trust Revolving Fund shall have, in addition to those powers and duties set forth in this subchapter, all powers and duties authorized, imposed, or conferred by law upon cotrustees of the fund. 
 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.  
 (a) There is created in the State Treasury a revolving fund to be designated the Special Needs Trust Revolving Fund. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of:  (1) All moneys received from those individuals who desire to establish or maintain eligibility for benefits under the medical assistance program but who possess income or resources, including funds recovered from third parties, in excess of the established federal eligibility requirements, and the consideration for divestiture of income and resources shall be presumed to be for adequate and fair compensation; and  (2) All moneys received by the cotrustees of the Special Needs Trust Revolving Fund from any other source, including moneys received from any state, federal, or private source.    (b) All interest earned as a result of investing moneys in the fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by cotrustees for the purpose of implementing the provisions of this subchapter. If the cotrustees do not agree about the payment of any benefit or benefits, the determination of the Department of Human Services shall be binding.  
 (a) The cotrustees of the Special Needs Trust Revolving Fund are hereby given complete discretion as to the expenditure of principal and income of the Special Needs Trust Revolving Fund for the purposes set forth in this subchapter, not to exceed all of the income earned by the fund annually and no more than ten percent (10%) of the principal of the fund. All income not expended annually shall become a part of and be added to the principal of the fund. The expenditures from the fund shall be subject to  20-77-705 and shall have the following priorities:  (1) Each claimant who is also a contributing beneficiary shall be deemed to have priority as to distribution of his or her share of the principal and the income earned by his or her share of the fund; and  (2) Any of the share of principal or income of the contributing beneficiary not expended for the contributing beneficiary plus all expenditure of principal and income as allowed above which are not designated for any contributing beneficiary may be expended for any other claimant.    (b)  (1) The cotrustees shall keep a current account balance for each contributing beneficiary's fund, with the balance to be reduced by all expenditures for that contributing beneficiary whether out of the fund or from any collateral source until the balance reaches zero dollars ($0.00).  (2) Should the contributing beneficiary die before his or her balance reaching zero dollars ($0.00), the balance shall be paid to the estate of the deceased contributing beneficiary.    (c) When a contributing beneficiary's account balance as described in subsection (b) of this section reaches zero dollars ($0.00), the contributing beneficiary shall be treated as any other claimant for purposes of receiving benefits from this fund. In addition to the annual accounting as required by  20-77-108, the cotrustees shall notify a contributing beneficiary when his or her account balance reaches zero dollars ($0.00).  (d) A benefit shall not be subject to execution, attachment, garnishment, or other process, except that benefits for allowable expenses shall not be exempt from a creditor to the extent that the creditor has provided products, services, or accommodations, the costs of which are included in the benefit.  (e) An assignment by the claimant to any future benefit under the provisions of this subchapter is unenforceable, except an assignment of any benefit for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or disability on which the claim is based and are provided or are to be provided by the assignee.  
 (a) Benefits shall not be awarded:  (1) Unless the claim has been filed with the cotrustees of the Special Needs Trust Revolving Fund after the injury, disability, or medical condition exists; or  (2) If any governmental entitlement or insurance program provides comparable benefits to persons eligible to participate in those programs.    (b) Benefits otherwise payable to a beneficiary shall be diminished to the extent that the economic loss is recouped from collateral sources and retained by the beneficiary or claimant.  (c) In determining eligibility for benefits from the Special Needs Trust Revolving Fund, the cotrustees shall apply the same eligibility standards as those then in effect for assistance under the state medical assistance program.  (d) In the event that the fund results in a contributing beneficiarys being declared ineligible for state medical assistance payments, the contributing beneficiary may elect:  (1) To take no action;  (2) To withdraw from the fund, whereupon the contributing beneficiary shall be entitled to the unexpended portion of his or her contribution; or  (3) To continue to participate in the fund and be eligible for benefits from the fund, but to relinquish any other interest in the fund, including any right the contributing beneficiary or the contributing beneficiary's estate may have had to any unexpended portion of the beneficiary's contribution. Any such relinquishment shall be deemed to have been made for adequate consideration.    
 (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.  
 Each local office of the Department of Human Services shall keep application forms prepared and provided by the cotrustees of the Special Needs Trust Revolving Fund and make them available to any person upon request. 
 The following information, when submitted to the cotrustees of the Special Needs Trust Revolving Fund as part of an application, shall be confidential:   (1) Documents submitted by a claimant which relate to medical treatment; and  (2) Investigative reports, if confidential under any other law.  
 (a)  (1)  (A) The cotrustees of the Special Needs Trust Revolving Fund shall have the power to award benefits if satisfied by a preponderance of the evidence that the requirements for benefits have been met.  (B) The cotrustees shall have authority to award the benefits either to the claimant or directly to the provider of services.    (2) The cotrustees shall hear and determine all matters relating to claims for benefits, including the power to reopen claims without regard to statutes of limitation.  (3) The cotrustees shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant information regarding any claim.  (4) The cotrustees shall be provided such office, support staff, and secretarial services as are deemed necessary, and the reasonable costs of administration of the trust shall be borne by the trust.    (b) In addition to any other powers and duties specified elsewhere in this subchapter, the cotrustees may:  (1) Regulate the fund's own procedure except as otherwise provided in this subchapter;  (2) Adopt rules to implement the provisions of this subchapter;  (3) Define any term not defined in this subchapter;  (4) Prescribe forms necessary to carry out the purposes of this subchapter;  (5) Request access to any reports of investigations or other data necessary to assist the cotrustees in making a determination of eligibility for benefits under the provisions of this subchapter;  (6) Take notice of general, technical, and scientific facts within their specialized knowledge; and  (7) Publicize the availability of benefits and information regarding the filing of claims therefor.    
 The cotrustees of the Special Needs Trust Revolving Fund shall prepare and transmit annually a report of their activities to the Secretary of the Department of Human Services. This report shall include the amount of benefits paid and a statistical summary of claims and benefits made and denied. 
 As used in this subchapter:   (1)  (A) Home intravenous drug therapy services means the items and services described in subdivision (1)(B) of this section furnished to an individual who is under the care of a physician in a place of residence used as the individual's home, by a qualified home intravenous drug therapy provider, and under a plan established and periodically reviewed by a physician.  (B) Home intravenous drug therapy services includes pharmacy and related services, including medical supplies, intravenous fluids, and equipment used in administering intravenous fluids as are necessary to conduct safely and effectively an intravenous-administered drug regimen;    (2) Qualified pharmacy home intravenous drug therapy provider means any entity that the Arkansas State Board of Pharmacy determines meets the following requirements:  (A) Is capable of providing home intravenous drug therapy services;  (B) Makes services available, as needed, seven (7) days a week on a twenty-four-hour basis;  (C) Adheres to the appropriate written protocols and policies with respect to the provision of items and services;  (D) Maintains clinical records on all patients;  (E) Coordinates all services with the patient's physician;  (F) Maintains patient records as to frequency of nursing visits, certificate of medical necessity from the attending physician, progress reports on the patient, and a patient care plan;  (G) Conducts a quality assessment and assurance program, including drug regimen review and coordination of patient care;  (H) Provides sterile compounding of intravenous drugs in an atmosphere which contains less than one thousand (1,000) particles 0.5 microns or larger in diameter per cubic foot of air and positive air flow. Clean air hoods must be certified at least annually;  (I) Performs stringent quality control procedures, including complete sterile compounding records of drug lot number, expiration date, quantity used, and a copy of the label attached to the final compounded product;  (J) Is licensed by the board; and  (K) Meets other requirements as the board may determine are necessary to assure the safe and effective provision of home intravenous drug therapy services and the efficient administration of home intravenous drug therapy; and    (3) Referring physician means, with respect to providing home intravenous drug therapy services to an individual, a physician who:  (A) Prescribed the home intravenous drug for which the services are to be provided; and  (B) Established the plan of care for the services.    
 (a) The Medicaid payment shall not exceed an amount equal to the lesser of the qualified provider's usual and customary charges for such services or the reimbursement schedule established under subsection (b) of this section when determined medically necessary by the Arkansas Medicaid Program.  (b)  (1) The Department of Human Services shall establish a reimbursement schedule for the following:  (A) Home intravenous antibiotics;  (B) Chemotherapy;  (C) Pain management;  (D) Total parenteral nutrition; and  (E) Other home intravenous therapies.    (2) A reimbursement schedule established under this section shall be on a per diem basis.  (3) Service per diem rates shall include the following:  (A) Pharmacy sterile compounding fees;  (B) Intravenous pole, infusion pumps, and pump cassettes;  (C) All required intravenous supplies such as syringes, tubing, catheter care kits, etc.; and  (D) Other related services necessary for home intravenous drug services.    (4) The Medicaid reimbursement shall be the average wholesale cost of drug and solution plus a service per diem not to exceed the fortieth percentile of average daily Medicaid per diem to Arkansas hospitals, or the usual and customary reimbursement, whichever is lower.    (c) Reimbursement under this section shall not be subject to the Medicaid pharmacy benefits limits.  
 (a) The referring physician prescribing the home intravenous therapy shall be entitled to Medicaid payment for certain clinical management services determined by the Department of Human Services.  (b) The schedule of physicians' fees for these services shall not exceed on a per diem basis the fortieth percentile of average Medicaid fees paid to physicians for Arkansas hospital visits, or the usual and customary reimbursement, whichever is lower.  
 (a) Except as provided in subsection (b) of this section, no payment for home intravenous drug therapy services shall be made to any provider in which a physician or a physician's immediate family member has an ownership interest in the provider or in any situation where the physician receives compensation from the provider to induce referrals.  (b) Exceptions:  (1) Subsection (a) of this section does not apply if the ownership interest is the ownership of stock which is traded over a publicly regulated exchange and was purchased on terms generally available to the public;  (2) Subsection (a) of this section does not apply if the compensation is reasonably related to items or services actually provided by the physician and does not vary in proportion to the number of referrals made by the referring physicians, but such exception does not apply to compensation provided for direct patient care services; and  (3) Subsection (a) of this section is not to be construed to apply to a referring physician whose only ownership or financial relationship with the provider is as an uncompensated officer or director of the provider.    
 When the home intravenous drug therapy medication must be administered by a licensed healthcare professional, the administration of this medication shall be provided by a licensed home health agency. 
 No person or entity shall sell intravenous drugs in this state or deliver the same into this state through the United States mail or a private carrier unless licensed by the Arkansas State Board of Pharmacy. 
 No payment may be made under this subchapter for home intravenous drug therapy service which is provided in violation of this subchapter or which jeopardizes federal financial participation. 
 The provisions of this subchapter shall not be deemed to grant the Arkansas State Board of Pharmacy any authority to regulate the practice of nursing in this state, and the practicing of nursing in this state shall remain the sole responsibility of the Arkansas State Board of Nursing pursuant to the Nurse Practices Act,  17-87-101 et seq. 
 As used in this subchapter:   (1) Arkansas Medicaid Program means the program authorized under Title XIX of the Social Security Act, 42 U.S.C.  1396 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of aged, blind, or disabled individuals whose income and resources are insufficient to meet the cost of necessary medical services, including all transactions through the actual delivery of healthcare goods or services to a Medicaid recipient regardless of whether the healthcare goods or services are paid for directly by the Department of Human Services or indirectly through a fiscal agent, contractor, subcontractor, risk-based provider organization, managed care organization, or individual;  (2)  (A) Claim means any request or demand for money or property, regardless of whether under a contract, that:  (i) Is presented to an officer, employee, agent, or fiscal agent of the Arkansas Medicaid Program; and  (ii) Is made to a contractor, grantee, or other recipient if:  (a) The money or property is spent or used on behalf of the Arkansas Medicaid Program or to advance the Arkansas Medicaid Program or its interest; and  (b) The Arkansas Medicaid Program:  (1) Provides or has provided any portion of the money or property requested or demanded; or  (2) Is reimbursing the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.  (A) An express or implied contract, grantor-grantee, or licensor-licensee relationship;  (B) A fee-based or similar relationship;  (C) State law or rule;  (D) Federal law or regulation; or  (E) Retention of any overpayment not returned within sixty (60) days from the date of discovery by the provider;          (B) Claim includes:  (i) Billing documentation;  (ii) All documentation required to be created or maintained by law or rule to justify, support, or document the delivery of healthcare goods or services to a Medicaid recipient;  (iii) All documentation submitted to justify or help establish a unit rate, capitated rate, or other method of determining what is to be paid for healthcare goods or services delivered to Medicaid recipients; and  (iv) All transactions in payment for healthcare goods or services delivered or claimed to have been delivered to Medicaid recipients under the Arkansas Medicaid Program regardless of whether the State of Arkansas has title to the money or property or has transferred responsibility for delivering healthcare services to another legal entity;      (3) Damages means the actual loss to the Arkansas Medicaid Program and its fiscal agents, including the total amount of all claims paid as a result of any false claim and the value of healthcare goods or services paid for but not delivered to a Medicaid recipient;  (4) Fiscal agent means any individual, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity that receives, processes, or pays claims for the delivery of healthcare goods and services to Medicaid recipients under the Arkansas Medicaid Program;  (5)  (A) Knowing or knowingly means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information.  (B) Knowing or knowingly does not require proof of a specific intent to defraud;    (6) Managed care organization means a health insurer, Medicaid provider, or other business entity authorized by state law or through a contract with the state to receive a fixed or capitated rate or fee to manage all or a portion of the delivery of healthcare goods or services to Medicaid recipients;  (7) Material means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property;  (8)  (A) Medicaid provider means a person, business organization, risk-based provider organization, or managed care organization that delivers, purports to deliver, or arranges for the delivery of healthcare goods or services to a Medicaid recipient under the Arkansas Medicaid Program.  (B) Medicaid provider includes an employee, agent, representative, contractor, or subcontractor of a person, business organization, risk-based provider organization, or managed care organization;    (9) Medicaid recipient means any individual on whose behalf any person claimed or received any payment or payments from the Arkansas Medicaid Program or its fiscal agents, whether or not the individual was eligible for benefits under the Arkansas Medicaid Program;  (10) Obligation means an established duty arising from:  (11) Person means any:  (A) Medicaid provider of goods or services or any employee, independent contractor, or subcontractor of the Medicaid provider, whether that provider be an individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity; or  (B) Individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, or any employee of any individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, not a Medicaid provider under the Arkansas Medicaid Program but that provides goods or services to a Medicaid provider under the Arkansas Medicaid Program for which the Medicaid provider submits claims to the Arkansas Medicaid Program or its fiscal agents; and    (12)  (A) Records means all documents in any form that disclose the nature, extent, and level of healthcare goods and services provided to Medicaid recipients.  (B) Records includes X-rays, magnetic resonance imaging scans, computed tomography scans, computed axial tomography scans, and other diagnostic imaging commonly used and retained as part of the medical records of a patient.    
 A person shall be liable to the State of Arkansas, through the Attorney General, for restitution, damages, and a civil penalty for an act or omission in violation of this subchapter if he or she:   (1) Knowingly makes or causes to be made any false statement or representation of a material fact in any claim, request for payment, or application for any benefit or payment under the Arkansas Medicaid Program;  (2) Knowingly makes or causes to be made any omission or false statement or representation of a material fact for use in determining rights to a benefit or payment under the Arkansas Medicaid Program;  (3) Having knowledge of the occurrence of any event affecting his or her initial or continued right to any benefit or payment or the initial or continued right to any benefit or payment of any other individual in whose behalf he or she has applied for or is receiving a benefit or payment, knowingly conceals or fails to disclose that event with an intent fraudulently to secure the benefit or payment either in a greater amount or quantity than is due or when no benefit or payment is authorized;  (4) Having made or submitted a claim, request for payment, or application to receive any benefit or payment for the use and benefit of another person and having received it, knowingly converts the benefit or payment or any part of the benefit or payment to a use other than for the use and benefit of the other person;  (5) Knowingly presents or causes to be presented a claim for a physician's service for which payment may be made under the program and knows that the individual who furnished the service was not licensed as a physician;  (6) Knowingly solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind:  (A) In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the program; or  (B) In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the program;    (7)  (A) Knowingly offers or pays any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce the person to:  (i) Refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the program; or  (ii) Purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the program.    (B) If the transaction is otherwise legal and properly documented as occurring in the normal course of business, subdivision (7)(A) of this section does not apply to:  (i) A discount or other reduction in price obtained by a provider of services or other entity under the program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under the program;  (ii) Any amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the providing of covered items or services;  (iii) Any salary, wages, or commission paid during the normal course of business by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities that are furnishing services reimbursed under the program, if:  (a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and  (b) In the case of an entity that is a Medicaid provider as defined in  20-77-901, the person discloses, in the form and manner as the Secretary of the Department of Human Services requires, to the entity and upon request to the secretary the amount received from each vendor with respect to purchases made by or on behalf of the entity; or    (iv) Any other payment practice specified by the secretary promulgated pursuant to applicable federal or state law;      (8) Knowingly makes or causes to be made or induces or seeks to induce any omission or false statement or representation of a material fact with respect to the conditions or operation of any institution, facility, or Medicaid provider in order that the institution, facility, or Medicaid provider may qualify to obtain or maintain any licensure or certification when the licensure or certification is required to be enrolled or eligible to deliver any healthcare goods or services to Medicaid recipients by state law, federal law, or the rules of the program;  (9) Knowingly:  (A) Charges for any service provided to a patient under the program money or other consideration at a rate in excess of the rates established by the state; or  (B) Charges, solicits, accepts, or receives, in addition to any amount otherwise required to be paid under the program, any gift, money, donation, or other consideration other than a charitable, religious, or philanthropic contribution from an organization or from a person unrelated to the patient:  (i) As a precondition of admitting a patient to a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; or  (ii) As a requirement for the patient's continued stay in the hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities when the cost of the services provided therein to the patient is paid for in whole or in part under the program;      (10) Knowingly makes or causes to be made any omission or false statement or representation of a material fact in any application for benefits or for payment in violation of the rules, regulations, and provider agreements issued by the program or its fiscal agents;  (11) Knowingly:  (A) Participates, directly or indirectly, in the Arkansas Medicaid Program after having pleaded guilty or nolo contendere to or been found guilty of a charge of Medicaid fraud, theft of public benefits, or abuse of adults as defined in the Arkansas Criminal Code,  5-1-101 et seq.; or  (B) As a certified health provider enrolled in the program pursuant to Title XIX of the Social Security Act or as the fiscal agent of such a provider who employs, engages as an independent contractor, engages as a consultant, or otherwise permits the participation in the business activities of such a provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of Medicaid fraud, theft of public benefits, or abuse of adults as defined in the Arkansas Criminal Code,  5-1-101 et seq.;    (12) Knowingly submits any false documentation supporting a claim or prior payment to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the Office of the Attorney General during an audit or in response to a request for information or a subpoena;  (13) Knowingly makes or causes to be made, or induces or seeks to induce, any material false statement to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the Office of the Attorney General during an audit or in response to a request for information or a subpoena;  (14) Knowingly forges the signature of a doctor or nurse on a prescription or referral for healthcare goods or services or submits a forged prescription or referral for healthcare goods or services in support of a claim for payment under the program;  (15) Knowingly places a false entry in a medical chart or medical record that indicates that healthcare goods or services have been provided to a Medicaid recipient knowing that the healthcare goods or services were not provided;  (16) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval to the program;  (17) Knowingly makes, uses, or causes to be made or used a false record or statement that is material to a false or fraudulent claim to the program;  (18) Knowingly:  (A) Makes, uses, or causes to be made or used a false record or statement that is material to an obligation to pay or transmit money or property to the program; or  (B) Conceals or improperly avoids or decreases an obligation to pay or transmit money or property to the program;    (19) Conspires to commit a violation of this section; or  (20) Knowingly presents or causes to be presented a claim for a service required to be provided by a person with a particular type of license or credential while knowing that the individual who furnished the service was not licensed or credentialed.  
 (a)  (1) It shall be unlawful for any person to commit any act prohibited by  20-77-902, and any person found to have committed any such act or acts shall be liable to the State of Arkansas through the Attorney General.  (2) In a case in which direct monetary loss does not exist or in which it is difficult or impossible to determine the extent of the loss, the Attorney General may elect to seek a civil penalty based on the number of fraudulent claims submitted.  (3) The state shall make an election and give notice in the complaint whether the state is seeking a civil penalty of:  (A) Not less than five hundred dollars ($500) but not more than ten thousand dollars ($10,000) for each claim; or  (B) Two (2) times the amount of damages that the state sustained because of the act of the person.      (b) When a person or Medicaid provider discovers an employee or subcontractor working for the person or Medicaid provider has committed a violation of this subchapter or a violation under the Medicaid Fraud Act,  5-55-101 et seq., any statutory liability for civil penalties under this section may be reduced by fifty percent (50%) if a person or Medicaid provider can establish all of the following:  (1) The person or Medicaid provider committing the violation of this subchapter furnished officials of the Attorney General's office with all information known to the person or Medicaid provider about the violation within thirty (30) days after the date on which the person or Medicaid provider first obtained the information; and  (2) The person or Medicaid provider fully cooperated with any Attorney General's investigation of the violation, and at the time the person or Medicaid provider furnished the Attorney General with the information about the violation:  (A) No criminal prosecution, civil action, or administrative action had commenced under this subchapter with respect to the violation; and  (B) The person or Medicaid provider did not have actual knowledge of the existence of an investigation into the violation.      (c)  (1) In addition to any other penalties authorized herein, any person violating this subchapter shall also be liable to the State of Arkansas for the Attorney General's reasonable expenses, including the cost of investigation, attorney's fees, court costs, witness fees, and deposition fees.  (2) Any cost or reimbursement ordered under this subsection shall be paid to the office of the Attorney General to be used for future Medicaid investigations and cases.    (d)  (1) When the loss is to the Arkansas Medicaid Program or its fiscal agents, the entirety of any penalty obtained under subsection (a) of this section less reimbursement of investigation and prosecution costs and any reward that may be determined by the court pursuant to this subchapter shall be credited as special revenues of the State of Arkansas and deposited into the Arkansas Medicaid Program Trust Fund for the sole use of the program.  (2) When the loss is to a managed care organization or similar organization that is paid at a capitated rate, the Department of Human Services may return all or a portion of the funds to a managed care organization or any similar organization when permitted by the contract or rules.    (e)  (1) A person who engages or has engaged in any act described by  20-77-902 may be enjoined in a court of competent jurisdiction in an action brought by the Attorney General.  (2) An injunction described by subdivision (e)(1) of this section shall be:  (A) Brought in the name of the state; and  (B) Granted if a case is clearly shown that the rights of the state are being violated by the person and the state will suffer immediate and irreparable injury, loss, or damage pending a final judgment in the action or that the acts or omissions of the person will tend to render a final judgment ineffectual.      (f) The court may make orders or judgments, including the appointment of a receiver, as necessary to:  (1) Prevent any act described by  20-77-902 by any person; or  (2) Restore to the program any money or property, real or personal, that may have been acquired by means of an act described by  20-77-902.    
 (a) If the Attorney General has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation or that would lead to the discovery of relevant information in an investigation for violation of this subchapter, the Attorney General may serve upon the person, before bringing any action in the circuit court, a written demand to appear and be examined under oath, to answer written interrogatories under oath, and to produce the document or object for inspection and copying. The demand shall:  (1) Be served upon the person in the manner required for service of process in the State of Arkansas or by certified mail with return receipt requested;  (2) Describe the nature of the conduct constituting the violation under investigation;  (3) Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified;  (4) Contain a copy of the written interrogatories;  (5) Prescribe a reasonable time at which the person must appear to testify, a time within which to answer the written interrogatories, and a time within which the document or object must be produced;  (6) Advise the person that objections to or reasons for not complying with the demand may be filed with the Attorney General on or before that time;  (7) Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object; and  (8) Contain a copy of subsections (b) and (d) of this section.    (b)  (1) If a person objects to or otherwise fails to comply with the written demand served upon him or her under subsection (a) of this section, the Attorney General may file an action in the circuit court for an order to enforce the demand.  (2) Venue for the action to enforce the demand shall be in Pulaski County.  (3) Notice of a hearing on the action to enforce the demand and a copy of the action shall be served upon the person in the same manner as that prescribed in the Arkansas Rules of Civil Procedure.  (4) If the court finds that the demand is proper, that there is reasonable cause to believe there may have been a violation of this subchapter, and that the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand, subject to modifications the court may prescribe.    (c) If the person fails to comply with the order, the court may issue any of the following orders until the person complies with the order:  (1) Adjudging the person in contempt of court and exercising any civil contempt power available under state law;  (2) Granting injunctive relief against the person to whom the demand is issued to restrain the conduct which is the subject of the investigation; or  (3) Granting other relief as the court may deem proper.    (d) The court may award to the Attorney General costs and reasonable attorney's fees as determined by the court against the person failing to obey the order.  (e) Upon motion by the person and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, or expense.  
 (a)  (1)  (A) In any proceeding or investigation under this subchapter, if a person refuses to answer a question or produce evidence of any kind on the ground that he or she may be incriminated and if the Attorney General or prosecuting attorney requests the court in writing to order the person to answer the question or produce the evidence, the court may make this order, and the person shall comply with the order.  (B) If the court denies the request, the court shall state its reasons for the denial in writing.    (2) After complying, the testimony or evidence or any information directly derived from the testimony or evidence shall not be used against the person in any proceeding or prosecution of a crime or offense concerning which he or she gave an answer or produced evidence under the court order.  (3) Immunity obtained pursuant to this section does not exempt any person from prosecution, penalty, or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer or in producing or failing to produce evidence in accordance with the order.    (b) If a person refuses to testify after being granted immunity and after being ordered to testify as prescribed in subsection (a) of this section, he or she may be adjudged in contempt.  
 (a) If the Attorney General determines that disclosure to the respondent of the evidence relied on to establish reasonable cause is not in the best interests of the investigation, he or she may request that the court examine the evidence in camera. If the Attorney General makes this request, the court may examine the evidence in camera and then make its determination.  (b)  (1) Any procedure, testimony taken, or material produced under this section shall be kept confidential by the Attorney General before bringing an action against a person under this subchapter for the violation under investigation unless any of the following applies:  (A) Confidentiality is waived by the person whose testimony is disclosed;  (B) Confidentiality is waived by the person who produced to the Attorney General the material being disclosed;  (C) The testimony or material is disclosed solely to the person, or the person's attorney, who testified or provided the material to the Attorney General; or  (D) Disclosure is authorized by court order.    (2) The Attorney General may disclose the testimony or material to an agency director of the State of Arkansas, of the United States, or of any other state, to the prosecuting attorney, or to the United States Attorney.    (c) An investigator conducting an examination pursuant to this section may exclude from the place of examination any person except the person being examined and the person's counsel.  (d) Nothing in this section shall be construed to limit the Attorney General's authority to access provider records in accordance with existing provisions of the Arkansas Code of 1987 Annotated.  
 (a)  (1) A Medicaid provider or person providing healthcare goods or services under the Arkansas Medicaid Program is required to maintain all records at least for a period of five (5) years from the date of claimed provision of any goods or services to any Medicaid recipient.  (2)  (A) The records described in subdivision (a)(1) of this section shall be available for audit during regular business hours at the address listed in the Medicaid provider agreement or where the healthcare goods or services are provided.  (B) Closed records for inactive patients or clients may be maintained in offsite storage if:  (i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and  (ii) The records are maintained within the State of Arkansas.    (C) A Medicaid provider shall disclose upon request the location of any offsite storage facility to any agency with authority to audit the records.    (3) If the healthcare goods or services are provided in the home of the Medicaid recipient, the records shall be maintained at the principal place of business of the Medicaid provider.  (4) If a Medicaid provider goes out of business, the provider shall give written notification to the Department of Human Services and the Office of Medicaid Inspector General of where and how the records will be stored.    (b)  (1) No potential Medicaid recipient shall be eligible for medical assistance unless he or she has authorized in writing the Director of the Department of Human Services to examine all records of his or her own or of those receiving or having received Medicaid benefits through him or her, whether the receipt of the benefits would be allowed by the program or not, for the purpose of investigating whether any person may have violated this subchapter or for use or potential use in any legal, administrative, or judicial proceeding.  (2) No person shall be eligible to receive any payment from the program or its fiscal agents unless that person has authorized in writing the director to examine all records for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or for potential use in any legal, administrative, or judicial proceeding.    (c) The Attorney General shall be allowed access to all records of persons and Medicaid recipients under the program to which the director has access for the purpose of investigating whether any person may have violated this subchapter or for use or potential use in any legal, administrative, or judicial proceeding.  (d)  (1) Records obtained by the director or the Attorney General pursuant to this subchapter shall be classified as confidential information and shall not be subject to outside review or release by any individual except when records are used or potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding.  (2) Notwithstanding any other law to the contrary, no person shall be subject to any civil or criminal liability for providing access to records to the director, to the Attorney General, or to the prosecuting attorneys.    
 (a) Any action under this subchapter may be brought in Pulaski County Circuit Court or the county where the defendant or, in the case of multiple defendants, any one (1) defendant resides.  (b) A civil action under this section may not be brought more than five (5) years after the date on which the violation of this subchapter is committed.  (c) In any action brought pursuant to this subchapter, the State of Arkansas shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.  (d) A subpoena requiring the production of documents or the attendance of a witness at an interview, trial, or hearing conducted under this section may be served by the Attorney General or any duly authorized law enforcement officer in the State of Arkansas personally, telephonically, or by registered or certified mail. In the case of service by registered or certified mail, the return shall be accompanied by the return post office receipt of delivery of the demand.  
 (a)  (1) Whenever it appears that any person is engaged in or intends to engage in the transfer, conversion, or destruction of assets, records, or property in an effort to avoid detection of violations of this subchapter or avoid paying restitution, fines, and civil penalties owed under this subchapter or the Medicaid Fraud Act,  5-55-101 et seq., the Attorney General may apply to the Pulaski County Circuit Court, or to the court in which the records or property are located, to seize and impound the property.  (2) The application for an ex parte order shall be in writing, furnish a reasonable basis for the granting of the proposed order, and demonstrate that an emergency exists that would support the granting of the motion.    (b)  (1) If the order is granted, the respondent shall be notified of the order seizing and impounding his or her property immediately after the seizure, or as soon as is reasonably practicable. If, after diligent inquiry, the respondent cannot be located, notice under this subsection may be accomplished by leaving a copy of the order at his or her dwelling house or usual place of abode with some person residing therein who is at least eighteen (18) years of age, or by delivering a copy of the order to a representative at the respondent's place of business who is at least eighteen (18) years of age.  (2) If the order is granted, the respondent shall be granted a hearing no later than five (5) days after being notified of the property's seizure for the purpose of determining whether the order should be continued.  (3)  (A) If the court finds the assets or funds can be preserved without physical seizure, the court may order a constructive seizure by entering an order directing the defendant or third-party financial institution to freeze or forgo further transfer of the assets or funds.  (B) The court may fashion the constructive seizure in any manner reasonably necessary to protect and preserve the assets or funds pending the resolution of related civil and criminal cases.      (c) The burden at all stages of the proceeding shall be upon the state to prove by a preponderance of the evidence the necessity of the order of seizure.  
 The Secretary of the Department of Human Services may suspend or revoke the provider agreement between the Department of Human Services and the person in the event that the person is found guilty of violating the terms of this subchapter. 
 (a) The court is authorized to pay a person sums, not exceeding ten percent (10%) of the aggregate collected civil penalty recovered, as it may deem just, for information the person may have provided that led to the detecting of false claims under this subchapter.  (b) Upon disposition of any civil action relating to violations of this subchapter in which a civil penalty is recovered, the Attorney General may petition the court on behalf of a person who may have provided information that led to the detecting of false claims and the recovery of restitution and a civil penalty damages assessment to reward the person in an amount commensurate with the quality of information determined by the court to have been provided, in accordance with the requirements of this subchapter.  (c)  (1) If the Attorney General elects not to petition the court on behalf of the person, the person may petition the court on his or her own behalf.  (2) Neither the state nor any defendant within the action shall be liable for expenses that a person incurs in bringing an action under this section.    (d) An employee or a fiscal agent charged with the duty of referring or investigating cases of Medicaid fraud who is employed by or who contracts with any governmental entity shall not be eligible to receive a reward under this section.  (e) The Attorney General may agree to a payment of up to ten percent (10%) of the civil penalty as a reward in any settlement agreement under this section.  (f) A portion of restitution shall not be used as a reward.  
 (a) Under this subchapter and the Medicaid Fraud Act,  5-55-101 et seq., the Attorney General or a prosecuting attorney is entitled to recover reasonable and necessary expenses incurred during his or her investigations and prosecutions.  (b) The Attorney General shall create and maintain accounts for these funds.  (c) The federal share of these funds shall be returned to the United States Government in accordance with the federal regulations governing the Medicaid Fraud Control Unit.  (d) The remaining funds shall be retained and expended by the Attorney General to defer the cost of future investigations and prosecutions conducted by the Medicaid Fraud Control Unit.  
 (a) The Department of Human Services shall provide informational materials, including, but not limited to, parenting, child abuse, substance abuse, sexual abuse, and family planning, to parents whose children have been placed in state custody.  (b) This information shall be provided to both natural and adoptive parents and shall be provided within thirty (30) days of placing the child in state custody.  
 In order to provide accountability to the citizens of Arkansas for funds appropriated to a private institution, Arkansas Children's Hospital shall file, annually, a certified annual financial and operations report with the Legislative Joint Auditing Committee and the Chief Fiscal Officer of the State. 
 (a) The Department of Human Services shall not expend any state or federal funds for childcare services to any childcare facility unless that facility is licensed or approved by the Division of Child Care and Early Childhood Education of the Department of Human Services, or registered with the department except where care is provided by a relative in a setting otherwise exempt from licensure.  (b) The provisions of this section shall not apply until January 1, 1992, to any facility which is currently exempt and which is providing childcare services to participants in the Project Success Program.  (c) Before that time, such facilities may apply for licensure or become registered with the department.  (d) After January 1, 1992, the facility must either be licensed or registered to qualify for state or federal funds.  
 (a)  (1) The Child Health and Family Life Institute shall be administered under the direction of Arkansas Children's Hospital.  (2) Arkansas Children's Hospital shall enter into a cooperative agreement or contract with the Department of Pediatrics of the University of Arkansas for Medical Sciences for services required in delivering the programs of the institute.  (3) The KIDS FIRST Program, a component of the institute, shall receive priority consideration above all other programs of the institute when funding decisions are made by Arkansas Children's Hospital.  (4) Arkansas Children's Hospital shall make quarterly reports to the Legislative Council on matters of funding, existing programs, and any new programs and services offered through the institute.    (b)  (1) The Chancellor of the University of Arkansas for Medical Sciences shall designate an individual from the department who shall provide administrative oversight of the cooperative agreements or contract with Arkansas Children's Hospital in delivering the programs of the institute.  (2) The department shall make every effort to advance the KIDS FIRST Program statewide.  (3) The designated administrator from the department shall make quarterly reports to the chancellor and the Legislative Council on all matters of funding, existing programs, and services offered through the institute.    
 (a) Currently, sexually abused children often have to describe their sexual abuse several times to different professionals at different locations. Many investigations are conducted with little collaboration between the agencies involved in the cases. Each agency's child abuse professionals are officed in a different facility, and interface during the investigation and management of cases is limited. Sexual abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams. It is the intent of the General Assembly to institute pilot programs to provide the services just described under one (1) roof and to provide a more child-friendly atmosphere, less trauma to the children and families, improved investigations and management, more effective utilization of multiagency information, greater protection of children, increased prosecution of perpetrators, and less unnecessary family intervention.  (b) In order to accomplish these goals, the Department of Arkansas State Police is hereby authorized to utilize moneys appropriated for its maintenance and general operation to make grants to and to contract with children's advocacy centers for facilities and services.  (c)  (1) The Arkansas Child Abuse/Rape/Domestic Violence Commission shall advise the Department of Arkansas State Police as to children's advocacy centers which qualify for grants or contracts from the Department of Arkansas State Police.  (2) Qualified children's advocacy centers should:  (A) Provide a child-friendly, comfortable place for interviewing children and families, examining the children, and initiating services;  (B) Provide crisis intervention for the child and family as well as appropriate referrals for psychological treatment if not available on site; and  (C) Provide offices for law enforcement, employees of the Department of Human Services, and healthcare professionals in order to deliver collaborative evaluations and services.      
 (a) Reports, correspondence, memoranda, case histories, medical records, or other materials compiled or gathered by a children's advocacy center shall be confidential and shall not be released or otherwise made available except:  (1) To the attorney representing the abused child in a custody or juvenile case with an order of appointment or an order recognizing entry of appearance;  (2) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity;  (3) To law enforcement agencies, a prosecuting attorney, or the Attorney General;  (4) To any licensing or registering authority to the extent necessary to carry out its official responsibilities, but the information shall be maintained as confidential;  (5) To a grand jury or court upon a finding that:  (A) Information in the record is necessary for the determination of a civil, criminal, or administrative issue before the court or grand jury; and  (B) The information cannot be obtained from a person or entity described in subdivision (b)(2) of this section;    (6) To the Department of Human Services;  (7) To a court-appointed special advocate volunteer with a valid court order;  (8) All records may be released to an attorney in any criminal, civil, or administrative proceeding or to a party in a criminal, civil, or administrative proceeding if the party is not represented by an attorney as permitted under criminal, civil, or administrative discovery rules upon a finding by the court that:  (A) Information in the record is necessary for the determination of a criminal, civil, or administrative issue before a court or grand jury; and  (B) The information cannot be obtained from a person or entity described in subdivision (b)(2) of this section;    (9) Medical records may be released to a person providing medical or psychiatric care or services to the abused child; and  (10) For bona fide instructional purposes by Arkansas Children's Hospital, the University of Arkansas for Medical Sciences, or a child advocacy center in the care, detection, treatment, and management of suspected child abuse and neglect.    (b)  (1) Except as provided in subdivision (b)(2) of this section, no person or agency to whom disclosure is made may disclose to any other person reports or other information obtained under this section.  (2) Law enforcement agencies, a prosecuting attorney, the department, a court of competent jurisdiction, or the Attorney General may release reports or information obtained under this section. However, any report or information released under this subsection shall remain confidential.    (c)  (1) Nothing in this section shall deny or diminish the right of an attorney for a party or a party to a criminal, civil, or administrative proceeding to receive discovery as provided in this section in order for the attorney or party to:  (A) Prepare for trial;  (B) File appropriate pleadings; or  (C) Present evidence in court.    (2)  (A)  (i) The circuit court shall issue protective orders under the Arkansas Rules of Criminal Procedure or the Arkansas Rules of Civil Procedure, as applicable, to ensure that those items of evidence for which there is a reasonable expectation of privacy and that otherwise should be sealed are not distributed to persons or institutions that have no legitimate interest in the evidence.  (ii) There is a reasonable expectation of privacy in the following items:  (a) Audio or videotapes of a child witness;  (b) Photographs of a child witness;  (c) Name of a child victim; and  (d) Medical records of a child victim.      (B)  (i) The administrative hearing officer or administrative law judge shall issue protective orders to ensure that those items of evidence for which there is a reasonable expectation of privacy and that otherwise should be sealed are not distributed to persons or institutions that have no legitimate interest in the evidence.  (ii) There is a reasonable expectation of privacy in the following items:  (a) Audio or videotapes of a child witness;  (b) Photographs of a child witness;  (c) Name of a child victim; and  (d) Medical records of a child victim.      (C)  (i) The circuit court may enforce the orders with criminal or civil contempt or sanctions, as appropriate.  (ii) The circuit court may modify or vacate a protective order for good cause.  (iii) If a protective order was entered and has not been vacated, the remedy for a violation of the protective order is limited to criminal or civil contempt or sanctions by the circuit court in which the protective order was entered.        (d) Except for purposes of enforcement concerning violations of a protective order under subsection (c) of this section, disclosure of information in violation of this section is a Class A misdemeanor.  
 (a) A private business that provides short-term child care for its patrons shall perform a criminal history check with the Department of Arkansas State Police and a Child Maltreatment Central Registry check with the Department of Human Services for every employee that is employed in a capacity that directly or indirectly relates to providing care or supervision of any child.  (b) Employees who have pleaded guilty or nolo contendere to or have been found guilty of an offense for which registration under the Sex Offender Registration Act of 1997,  12-12-901 et seq., is required shall be prohibited from having any direct or indirect contact with or performing duties that directly or indirectly relate to providing care or supervision of a child who is in short-term child care provided by the private business for its patrons.  (c) As used in this section, short-term child care means that:  (1) The child does not receive care for more than:  (A) Five (5) hours per day; or  (B) Ten (10) hours per week;    (2) A parent or guardian is on the premises or is otherwise easily accessible; and  (3) The facility cares for five (5) children or less at one time.    
 The University of Arkansas for Medical Sciences shall report quarterly each fiscal year to the Legislative Council on program activities and the expenditure of funds from the Psychiatric Research Institute and Department of Pediatrics appropriation for Building Effective Services for Trauma programs provided to children and adolescents. 
 This subchapter shall be known and cited as the Childcare Facility Licensing Act. 
 As used in this subchapter, unless the context otherwise requires:   (1)  (A) Child Care Appeal Review Panel or panel means an eleven-member body under the Department of Human Services which shall serve as a review and appeal body regarding licensure or registration actions.  (B)  (i) The panel shall consist of eleven (11) members, including the following:  (a) Three (3) early childhood professionals;  (b) One (1) pediatric health professional;  (c) One (1) parent of a child in a licensed early childhood program;  (d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and  (e) Five (5) licensed childcare providers representing a diversity of childcare settings.    (ii) Legal counsel from the Office of the Attorney General shall serve as a facilitator of the panel and shall not serve as a voting member.  (iii) Alternates shall be chosen to serve during times of absence or in cases of conflict of interest. Five (5) alternates shall be chosen as follows:  (a) One (1) early childhood professional;  (b) One (1) pediatric health professional;  (c) One (1) parent of a child in a licensed early childhood program; and  (d) Two (2) licensed childcare providers.    (iv) Members of the panel shall not be members of the Arkansas Early Childhood Commission.    (C)  (i) The commission, from applications submitted, shall make panel selections from persons meeting the qualifications for service and exhibiting a willingness and time commitment to serve on the panel.  (ii) Panel members may be replaced under the same guidelines as commission members.    (D)  (i) Members of the panel shall serve for three-year terms, not to exceed six (6) consecutive years of service on the panel.  (ii) Members from the Office of the Attorney General and the director shall hold permanent offices.    (E) Members of the panel shall receive no compensation other than normal state reimbursement for travel, meals, and lodging when applicable.  (F) The panel shall schedule monthly meetings and may meet more often as necessary.  (G) A majority of the panel shall constitute a quorum, and a majority of those present may decide any issue before the panel. In the event of a tie vote by the panel, the Division of Child Care and Early Childhood Education decision shall stand.  (H)  (i) Decisions of the panel shall be the final administrative appeal.  (ii) Providers or the Division of Child Care and Early Childhood Education may appeal the panel's findings to the circuit court of the licensee's county of residence or to the Pulaski County Circuit Court.    (I) There shall be no monetary liability on the part of and no cause of action for damages shall arise against any member of the panel for any act or proceeding undertaken or performed within the scope of the functions of the panel if the panel member acts without malice or fraud; and    (2)  (A)  (i) Childcare facility means any facility which provides care, training, education, or supervision for any unrelated minor child, whether or not the facility is operated for profit and whether or not the facility makes a charge for the services offered by it.  (ii) For the purposes of this subdivision (2), related minor child means a minor child related by blood, marriage, or adoption to the owner or operator of the facility or a minor child who is a ward of the owner or operator of the facility pursuant to a guardianship order issued by an Arkansas court of competent jurisdiction.    (B) This definition includes, but is not limited to, a nursery, a nursery school, a kindergarten, a daycare center, or a family daycare home.  (C) In any case where a facility or the owner or operator thereof is appointed guardian of a total of ten (10) or more minors, it shall be presumed that the facility, owner, or operator is engaged in child care and shall be subject to childcare facility licensure.  (D) However, this definition does not include:  (i) Special schools or classes operated solely for religious instruction;  (ii) Facilities operated in connection with a church, shopping center, business, or establishment where children are cared for during short periods of time while parents or persons in charge of the children are attending church services, shopping, or engaging in other activities during the periods;  (iii) Any educational facility, whether private or public, which operates solely for educational purposes in grades one (1) or above and does not provide any custodial care;  (iv) Kindergartens operated as a part of the public schools of this state;  (v) Any situation, arrangement, or agreement by which one (1) or more persons care for fewer than six (6) children from more than one (1) family at the same time;  (vi) Any educational facility, whether public or private, which operates a kindergarten program in conjunction with grades one (1) and above and provides short-term custodial care before or following classes for those students;  (vii)  (a) Any recreational facility or program, whether public or private, which operates solely as a place of recreation for minor children.  (b) For purposes of this subdivision (2), a recreational facility or program is defined as a facility or program which operates with children arriving and leaving voluntarily for scheduled classes, activities, practice, games, and meetings;    (viii) Any state-operated facility to house juvenile delinquents or any serious offender program facility operated by a state designee to house juvenile delinquents, foster home, group home, or custodial institution. Those facilities shall be subject to program requirements modeled on nationally recognized correctional and child welfare standards, which shall be developed, administered, and monitored by the Division of Youth Services; and  (ix) The Arkansas School for Mathematics, Sciences, and the Arts.      (3) [Repealed.]  (4) [Repealed.]  (5) [Repealed.]  
 (a)  (1) Any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100).  (2) Each day of the violation shall constitute a separate offense.    (b)  (1) The Division of Child Care and Early Childhood Education is authorized to impose monetary fines as civil penalties to be paid for failure to comply with the provisions of this subchapter or the rules promulgated pursuant thereto.  (2) In determining whether a civil penalty is to be imposed, the following factors shall be considered by the division:  (A) The gravity of the violation, including the probability that death or serious physical harm to a child will result or has resulted, the severity and scope of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated;  (B)  (i) The exercise of good faith.  (ii) Indications of good faith include, but are not limited to, awareness of the applicable statutes and rules and reasonable diligence in securing compliance, prior accomplishments manifesting the desire to comply with the requirements, efforts to correct, and any other mitigating factors in favor of the operator;    (C) Any relevant previous violations committed; and  (D) The financial benefit of committing or continuing the violation.      (c) Before the imposition of monetary fines, the division shall provide notice and an opportunity to be heard before the Child Care Appeal Review Panel in accordance with hearing procedures in effect for the revocation or suspension of licenses.  (d) With the review and approval of the Arkansas Early Childhood Commission, the division shall publish and promulgate rules classifying violations as follows:  (1)  (A)  (i) Class A violations involve essential standards that must be met for substantial compliance with licensing requirements.  (ii) These standards address fire, health, safety, nutrition, staff-to-child ratio, and space.    (B)  (i) Operation of an unlicensed childcare facility shall be considered a Class A violation.  (ii) However, the definition of unlicensed childcare facility shall not be interpreted to include exempt childcare facilities as defined in  20-78-209.    (C) Class A violations are subject to a civil penalty of one hundred dollars ($100) for each violation; and    (2)  (A) Class B violations involve administrative standards and standards that do not directly threaten the immediate health, safety, or welfare of the children.  (B) Class B violations are subject to a civil penalty of fifty dollars ($50.00) for each violation.      (e)  (1) Each day of occurrence of a Class A or Class B violation shall constitute a separate violation.  (2) Aggregate fines assessed for violation in any one (1) month shall not exceed five hundred dollars ($500) for Class A violations or two hundred fifty dollars ($250) for Class B violations.    (f)  (1) When a childcare facility has been found by the division to have committed Class A or Class B violations, then upon final administrative determination by the panel, notice shall be posted in the childcare facility stating the violations found by the division to have occurred and the current status of the license.  (2) This notice shall be posted in the childcare facility in a conspicuous place clearly visible to all staff, to all other individuals in the childcare facility, and to all visitors to the childcare facility.    (g)  (1) Failure to post a proper notice as required by this section shall be considered to be a Class B violation for which civil penalties may be imposed as authorized by this section.  (2) Each day of noncompliance shall constitute a separate offense.    
 When any person, partnership, group, corporation, organization, or association shall operate or assist in the operation of a childcare facility which has not been licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services or has had the license denied, suspended, or revoked and has been ordered to cease and desist operation, in accordance with the provisions of this subchapter, the division shall have the right to go into the circuit court in the jurisdiction in which the childcare facility is being operated and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the person, partnership, group, corporation, organization, or association from operating the childcare facility. 
 (a) There is created the Division of Child Care and Early Childhood Education within the Department of Human Services. In creating the division, the General Assembly intends for the following to be maintained and enhanced:  (1) Coordination of existing early childhood education and childcare programs;  (2) Placement of children in quality early childhood programs which support their development and readiness for school;  (3) Development of new childcare services under welfare reform which promote the developmental needs of children receiving transitional employment assistance benefits or other forms of public assistance;  (4) Quality program standards for all early childhood and childcare programs;  (5) State support for early childhood and childcare programs to attain quality program standards;  (6) Economic and cultural integration of children in early childhood programs;  (7) Access to additional support services for early childhood and childcare programs, such as healthcare and nutrition services;  (8) Career development opportunities for early childhood program staff;  (9) On-going interagency planning and collaboration in regard to early childhood and child care;  (10) Parent support and education in choosing appropriate early childhood programs for their children; and  (11) State support for local leadership, program innovation, and excellence in early childhood and care programs.    (b) The Division of Child Care and Early Childhood Education shall have the following duties:  (1) Administration of the Child Care and Development Block Grant and other childcare funds, state and federal, that are available to the department;  (2) Administration of the Arkansas Better Chance Program, under interagency agreement with the Division of Elementary and Secondary Education;  (3) Administration of the Arkansas Special Nutrition Program;  (4) Establishment and promulgation of rules setting standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of childcare facilities in this state, as defined by  20-78-202;  (5) Staff support for the operation of the Arkansas Early Childhood Commission;  (6) Provide consultative resources for the private sector in developing childcare programs;  (7) Provide consultative resources for the private sector in developing childcare facilities;  (8) Solicit grant funds for exemplary early childhood and childcare programs; and  (9) Administration of the birth through prekindergarten teaching credential and the promulgation of rules to implement the teaching credential program under  20-78-801 et seq.    (c)  (1) In addition to any other rights, powers, functions, and duties granted by law to the Division of Child Care and Early Childhood Education, the department is hereby authorized to promote and cooperate in the establishment of a foundation under the Arkansas nonprofit corporation law and to accept support and assistance in the form of money, property, or otherwise from the foundation to be used to enhance quality, affordability, and availability of child care and early education for all children in the state.  (2) If a foundation is established for the early care and education of children and if the department shares resources or facilities with the foundation or accepts support and assistance from the foundation, the foundation shall file annually a report with the Governor, the Legislative Council, and the Legislative Joint Auditing Committee showing the amount and source of all gifts, grants, and donations of money or property received by the foundation and all expenditures or other dispositions of money or property by the foundation during the preceding year.  (3) After consultation with the commission, the Director of the Division of Child Care and Early Childhood Education shall prepare rules for the use of foundation funds. The director shall submit the proposed rules to the Legislative Council for its review.  (4) No person over whom the department has day-to-day managerial control shall receive compensation or remuneration from funds not in the State Treasury.    (d)  (1) The Division of Child Care and Early Childhood Education shall create and make available on the website of the department a form and graphical chart that concisely explains the:  (A) Minimum licensing requirements for a licensed home;  (B) Minimum licensing requirements for a licensed childcare center;  (C) Procedure for obtaining licensure as a licensed home or licensed childcare center;  (D) Registration requirements for a registered childcare family home;  (E) Procedure for registering as a registered childcare family home;  (F) Voluntary registry of daycare family homes;  (G) Procedure for registering a daycare family home with the voluntary registry;  (H) Availability of federal or state funds, grants, programs, or other financial assistance, including without limitation the:  (i) Community Facilities Guaranteed Loan Program;  (ii) Community Development Block Grant;  (iii) Child and Adult Care Food Program;  (iv) Child Care and Development Block Grant;  (v) Early Head Start-Child Care Partnership Grant;  (vi) Arkansas Better Chance Program; and  (vii) Arkansas Special Nutrition Program; and    (I) Availability of a federal or state tax credit or other federal or state tax benefit, including without limitation the employer-provided child care credit that is available to taxpayers under  26-51-507 and 26-51-508.    (2) The Division of Child Care and Early Childhood Education shall place a form and graphical chart created in accordance with subdivision (d)(1) of this section in a conspicuous location on the website of the department.    
 (a)  (1)  (A) The Division of Child Care and Early Childhood Education shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of a childcare facility.  (B) In developing proposed rules, the division shall consult with the Secretary of the Department of Health or his or her designated representative in regard to rules relating to health.    (2)  (A)  (i) However, no childcare facility shall continue to admit a child who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and any other diseases as designated by the State Board of Health within fifteen (15) program days after the child's original admission.  (ii) The immunization shall be evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization. The division shall consult with the Secretary of the Department of Education or his or her designated representative in regard to rules relating to education.    (B)  (i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian.  (ii) The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions.  (iii) The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to:  (a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection;  (b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination;  (c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and  (d) A signed statement of understanding that:  (1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and  (2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school.      (iv) No exemptions may be granted under this subdivision (a)(2)(B) until the application process has been implemented by the Department of Health and completed by the applicant.  (v) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.      (3) The Secretary of the Department of Health and the Secretary of the Department of Education and their designated representatives are directed to cooperate with and assist the division in developing rules in the respective areas of health and education.  (4) In developing these rules, the division shall consult with such other agencies, organizations, or individuals as it shall deem appropriate.  (5) Rules promulgated by the division pursuant to this section may be amended by the division from time to time, provided that any amendment to the rules shall be published and furnished to all licensed childcare facilities and to all applicants for a license at least sixty (60) days before the effective date of the amendment.    (b) In establishing requirements and standards for the granting, revocation, refusal, and suspension of a license for a childcare facility, the division shall adopt such rules as will:  (1) Promote the health, safety, and welfare of children attending a childcare facility;  (2) Promote safe, comfortable, and healthy physical facilities for the children who attend the childcare facility;  (3) Ensure adequate supervision of the children by capable, qualified, and healthy individuals;  (4) Ensure appropriate educational programs and activities; and  (5) Ensure adequate and healthy food service where food service is offered by the childcare facility.    (c)  (1) Questions between providers and the division concerning substantial compliance with the published standards, founded licensing complaints, denials of alternative compliance requests, and adverse actions shall first be appealed through the division's internal appeal process and then may be appealed through the Child Care Appeal Review Panel for determination.  (2) The division shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act,  25-15-201 et seq., in exercising any power authorized by  20-78-213.    (d) If, upon the filing of a petition for a judicial review, the reviewing court enters a stay prohibiting enforcement of a decision of the division, the court shall complete its review of the record and announce its decision within one hundred twenty (120) days of the entry of the stay. If the court does not issue its findings within one hundred twenty (120) days of the issuance of the stay, the stay shall be considered vacated.  (e) All rules promulgated pursuant to this section shall be reviewed by the Senate Committee on Children and Youth or an appropriate subcommittee thereof and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs.  (f)  (1) Any person with reasonable cause to suspect that a childcare facility has violated any provision of this subchapter or any rule of the division may immediately notify the Department of Human Services.  (2) The Department of Human Services shall not release data that would identify the person who made the report or who cooperated in a subsequent investigation of a childcare facility unless a court of competent jurisdiction orders the release of information for good cause shown.  (3) Following the inspection and investigation of a childcare facility as provided under this subsection, the Department of Human Services shall, upon request, provide information to the person or agency reporting the suspected violation as to whether an investigation has been conducted.  (4) Willfully making false notification pursuant to this subsection shall be a Class C misdemeanor.    
 Any rule promulgated by the Division of Child Care and Early Childhood Education under authority of  20-78-206 or under any other childcare facility licensing law shall, at the suit of any interested person instituted in the Pulaski County Circuit Court, be subject to remedies provided by law for obtaining declaratory judgments. However, the division must be named a party defendant and summoned as in an action by ordinary proceedings. 
 (a) It shall be unlawful for any person, partnership, group, corporation, organization, or association to operate or assist in the operation of a childcare facility which has not been licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services.  (b) It shall be unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter to knowingly violate the orders issued by the division, or to advertise the provision of child care which is not licensed or approved or exempt by the division.  (c) A violation of this section shall be a Class C misdemeanor.  
 (a) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929,  26-51-101 et seq., when operating a childcare facility shall be exempt from obtaining a license to operate the childcare facility upon the receipt by the Division of Child Care and Early Childhood Education of written request therefor. A written request shall be made by those churches desiring exemption to the division, which is mandated under the authority of this subchapter to license all childcare facilities.  (b)  (1) In order to maintain an exempt status, the childcare facility shall maintain in its files verification that its childcare facility has met the required fire, safety, and health inspections on an annual basis and is in substantial compliance with published standards that similar nonexempt childcare facilities are required to meet.  (2) Visits to review and advise exempt childcare facilities shall be made as deemed necessary by the division to verify and maintain substantial compliance with all published standards for nonexempt childcare facilities.  (3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child is not endangered.  (4) Standards for corporal punishment shall be as established by present rules unless alternative compliance is granted by the division.    (c)  (1) Any questions of substantial compliance with the published standards, adverse actions, founded licensing complaints, and denied requests for alternative compliance shall be appealed first through the division's internal appeal process and then may be appealed to the Child Care Appeal Review Panel for determination.  (2) Final administrative actions of the division shall be pursued by either party in the court of competent jurisdiction in the resident county of the childcare facility under review.  (3) Challenge to the constitutionality or reasonableness of any rule or statute may be made before any appeal under the Arkansas Administrative Procedure Act,  25-15-201 et seq.    (d) As used in this section, the term substantial compliance and as used in  20-78-201  20-78-206, 20-78-208, 20-78-210  20-78-214, and 20-78-218, the term is being operated in accordance with this act shall each mean that a church-operated exempt or a nonexempt childcare facility is being operated within the minimum requirements for substantial compliance as promulgated by the division. It is the intent and purpose of this section that the term substantial compliance be applicable to all childcare facilities.  (e) This section is cumulative to all other acts heretofore enacted.  
 (a) Any person, partnership, group, corporation, organization, or association desiring to operate a childcare facility shall first make application for a license for a childcare facility to the Division of Child Care and Early Childhood Education on the application forms furnished for this purpose by the division.  (b) The division shall act on any application within sixty (60) days after it has been received by the division.  (c) If an applicant meets the requirements of this subchapter and the published rules of the division regarding minimum standards for a childcare facility, then the applicant shall be granted a license by the division as a childcare facility. This license shall continue in effect until revoked or suspended as provided in this subchapter.  (d) In issuing a license for a childcare facility, the division may limit the number of children who may be served by that childcare facility.  (e) In issuing an initial license or reviewing a current license for a childcare facility, the division shall require that during regular business hours at least one (1) adult member of the staff who is certified in infant and child cardiopulmonary resuscitation shall be present within the physical confines of the childcare facility.  
 (a) If the Division of Child Care and Early Childhood Education finds that an applicant for a childcare facility meets the licensing requirements for a childcare facility in the main and has a reasonable expectation of correcting deficiencies in a reasonable time, then the division may, in its discretion, issue a provisional license for a childcare facility.  (b) The provisional license shall be in effect for a reasonable time, which time shall be specified in the provisional license.  (c) Issuance of provisional licenses shall be in accordance with the published rules adopted by the division in accordance with this subchapter.  
 (a) A license for a childcare facility shall apply only to the address and location stated on the application and license issued, and it shall not be transferable from one holder of the license to another or from one (1) place to another.  (b) If the location of a childcare facility is changed or the owner of the childcare facility is changed, then the license for that childcare facility shall automatically be revoked upon such a change.  
 (a) The Division of Child Care and Early Childhood Education shall have the power to deny, revoke, or suspend a license for a childcare facility if an applicant or licensee has failed to comply with the provisions of this subchapter or any published rule of the division, subject to appeal before the Child Care Appeal Review Panel.  (b) If a license is denied, revoked, or suspended, the denial, revocation, or suspension shall be effective when made. The division shall notify the applicant or licensee of the action in writing and set out the basis for the denial, revocation, or suspension of the license.  
 (a) The Division of Child Care and Early Childhood Education or any other agency of the State of Arkansas which the division asks to assist it is authorized to make an inspection and investigation of any proposed or operating childcare facility and of any personnel connected with that childcare facility to the extent that an inspection and investigation is required to determine whether this childcare facility will be or is being operated in accordance with this section and with the published rules of the division for childcare facilities.  (b) However, the division or any other public agency having authority or responsibility with respect to child abuse shall have the authority to investigate any alleged or suspected child abuse in any childcare facility. Nothing contained in this section shall be construed to limit or restrict that authority.  
 (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.  
 The Division of Child Care and Early Childhood Education may by published rules require that a licensed childcare facility keep and make available to the division records and periodic reports as shall be necessary to assist the division in determining whether the requirements of this subchapter and of the division's rules regarding childcare facilities are being complied with. 
 (a) Whereas, health authorities have established that smoking is not conducive to good health and that children exposed to smoking face a potential health hazard, therefore, it is the intent of the Seventy-Fifth General Assembly to ban smoking in the physical confines of the day care centers licensed by the Division of Child Care and Early Childhood Education.  (b) The division is directed to promulgate sufficient rules to ensure that state licensing requirements for day care center operations contain a stipulation which bans smoking within the physical confines of each day care center.  
 The Division of Child Care and Early Childhood Education shall continue to be the administrative agency to administer the provisions of this subchapter in accordance with the rules and standards for the licensing and operation of childcare facilities as promulgated by the division. 
 (a) If any licensee fails to pay any monetary fine imposed as a civil penalty within sixty (60) days of the Division of Child Care and Early Childhood Education's decision imposing the penalty, the amount of the fine shall be considered to be a debt owed the State of Arkansas and may be collected by civil action.  (b)  (1) All fines and penalties collected under the provisions of this subchapter shall be special revenues to be deposited into the State Treasury to the credit of a special fund to be known as the Child Care Fund, to be used by the division to meet the costs of conducting the statewide criminal records checks required under  20-78-606 or to provide grants to childcare facilities for enhancement of the childcare facility or for training of personnel in childcare facilities under the direction of the division.  (2) Subject to those rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services is authorized to transfer all unexpended funds relative to the fines and penalties collected from childcare facilities as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.    
 (a) If a juvenile is found to be abused or neglected due to the acts or omissions of a person other than the parent or guardian of the juvenile, the court may enter an order restraining or enjoining the person or facility employing that person from providing care, training, education, or supervision of juveniles of whom the person or facility is not the parent or guardian.  (b) If the person or facility restrained or enjoined was not subject to this subchapter, the court may order the person or facility to obtain a license from the Division of Child Care and Early Childhood Education of the Department of Human Services as a condition precedent to the person or facility providing care, training, education, or supervision of any juveniles of which the person or facility is not the parent or guardian. If the court so orders, this subchapter shall thereafter apply to the persons or facility subject to the court order.  (c)  (1) Information pertaining to child maltreatment is confidential under the Child Maltreatment Act,  12-18-101 et seq.  (2) The division may receive information from any investigative agency on child maltreatment cases conducted within a childcare facility and relative to licensure under this subchapter, including specific allegations, a factual description of the investigative findings, and the investigative determination.  (3) The division shall accept the investigative determinations of the appropriate investigative agencies for consideration in any action on childcare facility licenses.    
 (a) Registry. There shall be created a voluntary registry of day care family homes that are not required by this subchapter to be licensed by the Division of Child Care and Early Childhood Education. The registry shall be maintained by the division.  (b) Procedure for Registration. Day care family homes exempt from licensure may voluntarily register the home with the registry established, operated, and maintained by the division. A person wishing to participate in the voluntary registry shall make an application to the division. Upon receipt of the application, the division shall review the applicant's written application, qualifications, and proposed operation to determine compliance with registry rules. The division shall issue a certificate of registration to the applicant which authorizes the applicant to operate a registered day care family home only upon final determination of an applicant's compliance with the rules established for registration.  (c) Rules.  (1) The division is authorized to establish rules that a day care family home shall meet in order to be registered by the Department of Human Services.  (2) The division shall have the right to enter and inspect a registered day care family home if there is reason to believe that the home is in violation of the registry rules and to ensure compliance with the rules established by the division.    (d) Removal or Denial of Registration. If after review of the submitted application, it is determined that the day care family home is not in compliance with the rules for the registry as established by the division, the division shall immediately deny or remove the home from the registry. Upon removal from the registry, a day care family home may no longer be considered a registered home.  (e) Right to Appeal.  (1) A person whose registration has been denied or who is removed from the voluntary registry due to violation of rules may appeal the action to the department in accordance with Arkansas law and state rules.  (2) The appeal does not stay the denial or removal from the registry.    (f) Renewal of Registration.  (1) The registration of the day care family home shall continue in effect until removed as provided in this subchapter.  (2) The division shall have the right to investigate and inspect the premises when there is reason to believe that violations exist and to make sure that the home is still in compliance with the rules established for the voluntary registry of day care family homes.    (g) Surrender of Registration. At any time, the owner of the registered day care family home may voluntarily surrender his or her certificate of registration. Upon surrender, that home shall be removed from the registry of day care family homes operated by the division.  
 (a)  (1) All persons employed by a childcare facility who work directly with children shall receive at least ten (10) hours per year of continuing early childhood education as approved by the Division of Child Care and Early Childhood Education of the Department of Human Services.  (2) Topics appropriate for continuing early childhood education shall include, but not be limited to, the following:  (A) Child growth and development;  (B) Nutrition and food service;  (C) Parental communication and involvement;  (D) Curricula and curriculum development;  (E) Developmentally appropriate practice and learning environments;  (F) Behavior management;  (G) Emergency care and first aid; and  (H) Administration and management of early childhood programs.      (b) Evidence satisfactory to the division of each employee's completion within the past twelve (12) months of continuing education shall be maintained by the childcare facility as part of the childcare facility's personnel records.  (c) The failure of a childcare facility to comply with this requirement shall be grounds for the denial, revocation, or suspension of a license issued pursuant to this subchapter.  
 (a) The Division of Child Care and Early Childhood Education of the Department of Human Services shall not issue or maintain a license to a childcare facility unless the license fee is paid at the annual licensing or renewal date. The license fee is:  (1) Fifteen dollars ($15.00) per year for childcare facilities serving fewer than seventeen (17) children;  (2) Fifty dollars ($50.00) for childcare facilities serving seventeen (17) to ninety-nine (99) children; and  (3) One hundred dollars ($100) per year for childcare facilities serving one hundred (100) or more children.    (b) The division shall transmit the fees monthly to the Treasurer of State to be deposited as special revenues into the Child Care Fund.  
 (a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, the Child Care Fund, to be administered by the Division of Child Care and Early Childhood Education of the Department of Human Services.  (b) The division shall certify each month the amount of fees collected and deposited to the fund and shall transmit, from funds appropriated for the maintenance and operation of the division, an amount of money equal to one-half (12) of the fees transmitted to the Treasurer of State.  
 (a) All agencies or childcare facilities licensed by the Department of Human Services under this subchapter or the Child Welfare Agency Licensing Act,  9-28-401 et seq., that transport children shall have approved child safety alarm devices installed on any vehicles designed or used to transport more than seven (7) passengers and one (1) driver.  (b)  (1) All such vehicles in active child transportation service before July 1, 2005, shall have a child safety alarm device installed by a qualified technician or mechanic no later than December 31, 2005.  (2) On or after July 1, 2005, each newly acquired vehicle placed in child transportation service shall have a child safety alarm installed before placing the vehicle into service.  (3) Any agencies or childcare facilities required to have approved child safety alarm devices installed in a vehicle shall ensure that the devices are maintained and are in proper working order any time that the vehicle is in use for transporting children.    (c) The department shall:  (1) Maintain a list of approved child safety alarm devices; and  (2) Promulgate rules as necessary for the proper implementation of this section.    (d) Contingent upon the availability of funding for this purpose, the department may provide reimbursement to agencies or childcare facilities required under this section to retrofit vehicles in service before July 1, 2005, but the requirement to have approved child safety alarm devices in vehicles as required under this section shall not be contingent on the availability of funding or upon an agency's or a childcare facility's eligibility for reimbursement.  
 (a) It shall be unlawful to transport children in a vehicle that is required to have an approved child safety alarm device as provided under  20-78-225 if the approved child safety alarm device:  (1) Has not been installed;  (2) Is not in proper working condition; or  (3) Has been disconnected.    (b) Any person who knowingly violates the provisions of this section shall be guilty of a Class A misdemeanor.  
 (a) The purpose of this section is to enhance safe and responsible passenger transportation of children in child care by requiring appropriate liability insurance and driver training.  (b)  (1) The Division of Child Care and Early Childhood Education of the Department of Human Services, in collaboration with the State Insurance Department, shall develop and promulgate rules requiring sufficient and appropriate minimum levels of general liability insurance coverage for licensed childcare centers and licensed and registered childcare family homes, including coverage for transportation services when applicable.  (2) A state institution, political subdivision, or other entity that is entitled to immunity from liability under  21-9-301 is not required to have general liability insurance coverage in order to be licensed.    (c) The division shall promulgate rules requiring all drivers of vehicles transporting children on behalf of licensed childcare centers and licensed and registered childcare family homes to complete a comprehensive program of driver safety training.  
 (a)  (1) As used in this section, floor plan means a document containing:  (A) A schematic drawing of facilities and property used by the childcare facility, including the configuration of rooms, spaces, and other physical features of buildings;  (B) The location or locations where children enrolled in child care spend time regularly;  (C) The escape routes approved by the local fire department for the childcare facility or faculties;  (D) The ages of children served by the childcare facility;  (E) The licensed capacity of children enrolled in the childcare facility; and  (F) The contact information for at least two (2) emergency contacts for the childcare facility.    (2) An aerial view of the childcare facility and property used by the childcare facility shall be included with the floor plan if available.    (b) A childcare facility licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services under this subchapter or the Child Welfare Agency Licensing Act,  9-28-401 et seq., shall file a copy of the childcare facility's floor plan with the emergency management coordinator through the statewide Smart911 system for the local office of emergency management or the inter-jurisdictional office of emergency management that serves the area where the childcare facility is located within:  (1) Thirty (30) days of receiving a license; and  (2) Thirty (30) days of a change or modification to the floor plan.    (c) The emergency management coordinator shall ensure that the childcare facility's floor plan submitted under subsection (b) of this section is available at the 911 public safety communications center and the local office of emergency management or the interjurisdictional office of emergency management that serves the area where the childcare facility is located.  (d) The Department of Human Services shall adopt rules as necessary to implement this section.  
 It is the purpose of this subchapter to permit the Division of Children and Family Services of the Department of Human Services to cooperate with public agencies or private nonprofit organizations of adjoining states to provide services for residents of Arkansas that are in need of regular or therapeutic child care. 
 Subject to the conditions and limitations contained in this subchapter, the Division of Children and Family Services of the Department of Human Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performing the responsibility to the residents of Arkansas that are in need of regular or therapeutic child care. This includes financial participation, using any funds that are at the divisions disposal, to the extent that similar services would be performed within the state. 
 Every agreement or contract entered into in accordance with this subchapter shall specify the following:   (1) Full names and addresses of all parties to the agreement;  (2) The precise organization, composition, and nature of the legal or the administrative entity that will be providing services together with its powers and limitations and the manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;  (3) A description of the joint or cooperative undertaking that specifies the duties and responsibilities of all parties to the agreement;  (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget thereof, or in the case whereby one of the participants agrees to furnish specified services, the financial arrangements therefor;  (5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such a partial or complete termination; and  (6) Any other necessary and proper methods.  
 Every agreement made hereunder shall, before and as a condition precedent to its entry into force, may at the discretion of the Division of Children and Family Services of the Department of Human Services, be submitted to the Attorney General, who shall determine whether the agreement is in proper form and compatible with the laws of this state. The Attorney General shall approve any agreement submitted to him or her hereunder unless he or she shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the division and the governing bodies concerned with the agreement the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within twenty (20) days of its submission shall constitute approval thereof. 
 Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact. 
 (a)  (1) There is hereby established the Arkansas Early Childhood Commission, to be composed of eleven (11) members.  (2) The Chair of the Arkansas Early Childhood Commission shall be selected annually by majority vote of the commission.    (b) The following members of the commission shall be appointed by the Governor, subject to confirmation by the Senate:  (1) One (1) member affiliated with childcare provider agencies, organizations, or programs;  (2) One (1) member affiliated with the Arkansas Head Start State Collaboration Office;  (3) One (1) member affiliated with a Home Instruction for Parents of Preschool Youngsters program;  (4) One (1) member employed as an administrator by a public school district;  (5) One (1) member who is a parent of a child who attends a childcare program;  (6) One (1) member who is a clinical provider of childhood behavioral and mental health services specializing in prevention and early intervention; and  (7) One (1) member representing the Arkansas Association of Colleges for Teacher Education Council of Deans.    (c) The members identified in subsection (b) of this section shall serve three-year terms.  (d) The remaining membership shall consist of:  (1) The Chair of the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs or his or her designee;  (2) The Chair of the Senate Committee on Children and Youth or his or her designee;  (3) The Chair of the House Committee on Education or his or her designee; and  (4) The Chair of the Senate Committee on Education or his or her designee.    (e)  (1) The commission shall meet at least quarterly and at such other times as may be deemed necessary for the performance of the duties of the commission.  (2) Special meetings of the commission may be called by the Chair of the Arkansas Early Childhood Commission or by agreement of a majority of the members of the commission.    (f)  (1) The members of the commission shall serve without compensation or per diem but shall be entitled to reimbursement for actual expenses incurred in the performance of duties as members of the commission. Expense reimbursement shall be in accordance with state travel and official business expense reimbursement procedures and rules.  (2) Expense reimbursement shall be paid from funds appropriated to the Division of Child Care and Early Childhood Education for this purpose.    (g) The commission shall report annually to the House Committee on Education and the Senate Committee on Education as set out in  20-78-502.  
 (a) The Arkansas Early Childhood Commission shall have the following duties and responsibilities and shall annually report its progress toward the following:  (1) Advising the Division of Child Care and Early Childhood Education on the administration of the Arkansas Child Care Facilities Loan Guarantee Trust Fund;  (2) Providing technical assistance in the design of training programs to enhance the skills of professionals in early childhood programs, including the development of an annual comprehensive training plan for providers;  (3) Examining the recommendations of national and regional groups and systems producing scientifically proven and cost-effective results used by others to provide child care and early childhood services;  (4) Assisting in the development of a comprehensive long-range plan for the expansion, development, and implementation of early childhood programs in Arkansas, including recommending the allocation and expenditures of funds appropriated to the Arkansas Better Chance Program;  (5) Facilitating coordination and communication among state agencies providing early childhood programs in order to promote nonduplication and coordination of services in the programs and recommending a structure for the administration of the currently existing programs and the recommended programs;  (6) Advising the Division of Elementary and Secondary Education and other appropriate state agencies on the development of programmatic standards for early childhood programs to be funded with funds appropriated to the Division of Elementary and Secondary Education or to such other state agencies as may receive appropriations for such purposes;  (7) Promoting strong local community support for early childhood education programs;  (8) Promoting public awareness of child care and early childhood programs; and  (9) From the applications submitted, making Child Care Appeal Review Panel selections from persons who meet the qualifications for service and who exhibit a willingness and time commitment to serve on the panel.    (b) The Division of Child Care and Early Childhood Education shall assist the commission in carrying out its duties and responsibilities.  
 (a) There is established a cash fund account of the Division of Child Care and Early Childhood Education of the Department of Human Services to be known as the Arkansas Child Care Facilities Loan Guarantee Trust Fund. This cash fund account is to be maintained in one (1) or more financial institutions of the state and shall be administered in accordance with this subchapter.  (b) The division is hereby authorized to accept moneys for the fund from any source, including, but not limited to, allocations from the Treasurer of State as provided in  20-78-504.  (c) The fund shall be a continuing fund, not subject to fiscal year limitations, and shall be used to guarantee loans for the expansion or development of childcare facilities in this state and as provided in subsection (d) of this section.  (d) Any interest at the end of the fiscal year which exceeds the amount necessary to cover loan defaults occurring during that fiscal year shall be made available for professional development and quality improvement activities and grants, including without limitation to support an early childhood foundation or public-private partnership.  (e) The fund shall be administered by the division with technical assistance from the Arkansas Early Childhood Commission and the Arkansas Development Finance Authority.  
 (a)  (1) After providing for the exclusion of the interest income classified as special revenues as authorized by  15-41-110 and 27-70-204, and for the first two million dollars ($2,000,000) of interest income received each fiscal year by the Treasurer of State as authorized in  15-5-422, the next one hundred thousand dollars ($100,000) of interest income received each fiscal year in the State Treasury beginning with the fiscal year commencing July 1, 1989, and continuing as set forth in subsection (b) of this section from the investment of state funds as authorized by the State Treasury Management Law,  19-3-501 et seq., is declared to constitute cash funds restricted in their use and dedicated to be used solely as authorized in  20-78-503.  (2) The cash funds as received by the Treasurer of State shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5,  29; Arkansas Constitution, Article 16,  12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provision. The Treasurer of State shall pay the cash funds to the Division of Child Care and Early Childhood Education of the Department of Human Services for depositing those amounts into the Arkansas Child Care Facilities Loan Guarantee Trust Fund for the purposes authorized by  20-78-503.  (3) The interest earnings transferred directly to the division are declared to be cash funds restricted in their use and dedicated to be used solely as authorized in  20-78-503.    (b) The Treasurer of State shall continue to pay the cash funds as authorized in subsection (a) of this section until the balance of the fund reaches three hundred fifty thousand dollars ($350,000). After that time, the division shall review the fund balance at least quarterly and report to the Treasurer of State when the balance reaches or falls below one hundred thousand dollars ($100,000). At that time, the Treasurer of State shall again pay cash funds as authorized in subsection (a) of this section until the balance of the fund reaches three hundred fifty thousand dollars ($350,000).  
 (a) The Division of Child Care and Early Childhood Education is authorized to develop and implement, with the technical assistance of the Arkansas Early Childhood Commission, necessary rules to receive, review, and approve applications for loan deficiency guarantee assistance for expansion or development of childcare facilities in this state.  (b) The maximum loan guarantee amount approved by the division shall be modified as necessary to ensure adequate childcare financing availability.  (c) In guaranteeing loans under this subchapter, consideration shall be given to:  (1) Geographic distribution;  (2) Community need;  (3) Community income, with priority given to those communities with the lowest median family income;  (4) Proof of viable administrative and financial management; and  (5) Intended licensure of the facility.    (d) The division shall report each October to the Legislative Council on the status of the Arkansas Child Care Facilities Loan Guarantee Trust Fund.  
 The Division of Child Care and Early Childhood Education of the Department of Human Services is authorized to develop and implement criteria for grant approval of interest moneys to be used as authorized in  20-78-503(d). 
 (a) As used in this section:  (1) Registry records check means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as that term is defined in  20-38-101; and  (2) Service provider means any of the following:  (A) A childcare facility as defined by  20-78-202; and  (B) A church-exempt childcare facility as recognized under  20-78-209.      (b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and  20-38-101 et seq. concerning criminal history records checks.  (c)  (1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and  20-38-101 et seq., concerning criminal history records checks.  (2)  (A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under  20-78-601  20-78-605 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under  20-78-601  20-78-605 [repealed].  (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under  20-38-101 et seq.      (d)  (1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and  20-38-101 et seq., concerning criminal history records checks.  (2)  (A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under  20-78-601  20-78-605 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under  20-78-601  20-78-605 [repealed].  (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under  20-38-101 et seq.      (e) The Division of Child Care and Early Childhood Education of the Department of Human Services shall establish by rule requirements for registry records checks for:  (1) An applicant for licensure or exemption from licensure as a service provider;  (2) An applicant for employment with a service provider; and  (3) An employee of a service provider.    (f) The division shall establish by rule requirements for criminal history and registry records checks of persons who volunteer for a service provider.  
 The General Assembly hereby finds that, in order to adequately care for their newborns and young children, new mothers may often benefit from receiving professional assistance and information. Without the assistance and information, a young mother may develop habits or practices that are detrimental to her health and well-being and the health and well-being of her child. The General Assembly further finds that inadequate prenatal care and inadequate care in infancy and early childhood often inhibit a child's ability to learn and develop throughout his or her childhood and may have lasting, adverse effects on the child's ability to function as an adult. The General Assembly recognizes that implementation of a voluntary nurse home visitor program that provides educational, health, and other resources for young mothers during pregnancy and the first years of their infants' lives has been proven to significantly reduce the amount of drug, including nicotine, and alcohol use and abuse by mothers, the occurrence of criminal activity committed by mothers and their children under fifteen (15) years of age, and the number of reported incidents of child abuse and neglect. Such a program has also been proven to reduce the number of subsequent births, increase the length of time between subsequent births, and reduce the mother's need for other forms of public assistance. It is the intent of the General Assembly that such a program be established for the State of Arkansas initially targeting a limited number of first-time teenage mothers and potentially expanding over time. 
 (a) The Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program is established and shall be administered by the Department of Health.  (b) The department shall implement the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation model developed by Dr. David Olds.  (c) The department shall have the power to receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities under this subchapter.  (d) The department shall collect data which will allow a valid and reliable evaluation of the short-term and long-term effectiveness of this intervention in improving maternal and child outcomes. The department shall collect data which at a minimum, will provide information on the effect of prenatal and infancy home visits by nurses on all of the following:  (1) Preterm delivery, low birth weight, and infant morbidity and mortality;  (2) Immunizations;  (3) Mental development and behavioral problems;  (4) Subsequent pregnancy;  (5) Educational achievement;  (6) Labor force participation; and  (7) Use of public assistance programs.    (e) The department shall coordinate with other state agencies to track childhood injuries, childhood maltreatment, and criminal activity.  (f) The department shall cooperate with other state agencies and the developer of the program to create a more comprehensive evaluation of the overall impact and effectiveness of the program in Arkansas.  
 (a) There is created the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council.  (b) The council shall consist of eleven (11) members to be appointed by the Governor as follows:  (1) Three (3) members from the Department of Health to be appointed by the Governor after consulting the Secretary of the Department of Health and subject to confirmation by the Senate;  (2) Two (2) members from the College of Medicine of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate;  (3) One (1) member from the College of Nursing of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Nursing of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate;  (4) One (1) member from the Arkansas Nurses Association;  (5) One (1) member from the School of Social Work of the University of Arkansas at Little Rock to be appointed by the Governor after consulting the Director of the School of Social Work of the University of Arkansas at Little Rock and subject to confirmation by the Senate;  (6) One (1) member from the Division of Child Care and Early Childhood Education; and  (7) Two (2) members from the public at large, at least one (1) of whom shall be active in child advocacy within the state and one (1) of whom shall be African-American.    (c) The Director of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program shall serve as an ex officio member of the council.  (d) Members shall be appointed for three-year staggered terms. The staggered terms shall be assigned by lot. The terms shall commence on January 15 of each year.  (e) In the event of a vacancy of one (1) of the members appointed by the Governor for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor, and that person shall possess the same qualifications as are required for initial appointment.  (f) Members of the council shall not be entitled to compensation for their services but may receive expense reimbursement in accordance with  25-16-902 to be paid by the department.  (g) The council shall hold its first meeting during January 2000 at a place and time designated by the Governor.  (h) At the initial organizational meeting of the council, the members shall elect from among their number a chair and vice chair. Annually thereafter, a meeting shall be held to elect the Chair of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council and the Vice Chair of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council.  (i)  (1) Quarterly meetings of the council shall be held.  (2) Special meetings may be called by the chair or as provided by the rules of the council.    (j) The council shall monitor the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program as needed to ensure that the program is implemented according to the program training requirements, program protocols, program management information systems, and program evaluation requirements established by the department. The council shall evaluate the overall implementation of the program and include the evaluation, along with any recommendations concerning the selected entities or changes in the program training requirements, program protocols, program management information systems, or program evaluation requirements in the annual report submitted to the department.  (k) The program staff shall submit a written status report annually to the council.  
 The Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program is expressly exempted from the Freedom of Information Act of 1967,  25-19-101 et seq., and is prohibited from supplying any information by individual name or other personal identifier or in a form other than a statistical report or other appropriate form which protects the confidentiality of individuals except to any state agency or department which originally supplied the information to the program unless both the originating agency and the program grant release of this information for a specific purpose. 
 (a) All institutions receiving state or federal support and with patient records containing information pertaining to participating first-time mothers shall be required to share information in those records with the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program.  (b) All participating first-time mothers shall sign an informed consent and medical records release document.  
 Nothing performed pursuant to this subchapter shall be deemed to constitute the practice of home health care as defined in  20-10-801 et seq. 
 (a) Any physician, clinic, person, or organization may provide information and referrals to the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program.  (b) No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided the information or by reason of having released or published the findings of the program in order to reduce child abuse or neglect or to advance medical research or medical education.  
 The Secretary of the Department of Health is authorized to utilize available general revenue savings and allowable federal funds in support of the activities described in this subchapter in the event that sufficient funds are not allocated for the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program herein. The secretary is authorized to transfer appropriations and funds as necessary but only for the purposes provided in this subchapter. Upon approval of the Chief Fiscal Officer of the State and review by the Legislative Council, the transfers shall be made upon the books of the Department of Finance and Administration, the Auditor of State, and the Treasurer of State. 
 (a)  (1) A person teaching in a public early childhood education program may obtain a birth through prekindergarten teaching credential from the Division of Child Care and Early Childhood Education of the Department of Human Services.  (2) Subdivision (a)(1) of this section shall not be construed to permit a person teaching in a public early childhood education program to utilize the teaching credential in lieu of a P-4 teaching license issued by the State Board of Education when the license is required.    (b) As used in this subchapter, public early childhood education program means an education program that:  (1) All or part of which is funded with state or federal funds; and  (2) Serves children whose ages may range from birth through prekindergarten.    (c)  (1) The division shall develop the teaching credential under this subchapter not later than January 31, 2010.  (2) The teaching credential is valid for five (5) years and may be renewed upon completion of the requirements set forth in law and established by the division.  (3) An applicant for an initial teaching credential or a renewal teaching credential is not required to pay a fee for submitting the application or obtaining the teaching credential.    (d) Institutions of higher education in this state may submit to the Department of Education proposals for the creation of a birth through prekindergarten endorsement for P-4 teacher licensure.  
 The Division of Child Care and Early Childhood Education of the Department of Human Services shall develop a birth through prekindergarten teaching credential that requires without limitation that the applicant:   (1) Meet a minimum educational level; and  (2)  (A) Complete a core of courses in early childhood development and early childhood education.  (B) The core courses shall meet the division's standards for the preparation of early childhood professionals.    
 A person holding a birth through prekindergarten teaching credential under this subchapter shall complete a minimum number of hours of professional development in early childhood development or early childhood education as determined by the Division of Child Care and Early Childhood Education of the Department of Human Services. 
 The Division of Child Care and Early Childhood Education of the Department of Human Services shall periodically monitor and assess a person holding a birth through prekindergarten teaching credential as the division may determine by rule. 
 In consultation with the Division of Child Care and Early Childhood Education of the Department of Human Services and the state-supported institutions of higher education in this state, the Arkansas Higher Education Coordinating Board shall establish a minimum core of early childhood development and education courses that shall be applied toward meeting the requirements of the prekindergarten endorsement to a teaching degree. 
 The deputy director of the appropriate division of the Department of Human Services is authorized and empowered to employ caseworkers for the blind, prepare rules governing personnel standards, define the duties of the caseworkers for the blind, and make such other rules as may be necessary to carry out the purpose of this section. 
 This subchapter may be cited as the Rehabilitation Act of Arkansas. 
 (a)  (1) It is declared to be the policy of the State of Arkansas to provide needed and feasible rehabilitation services to eligible individuals with a disability throughout the state to the end that they may engage in useful and remunerative occupations to the extent of their capabilities.  (2) In rehabilitating individuals who may be expected to achieve the ability of independent living as to dispense with, or largely dispense with, the need for institutional care or, if not institutionalized, to dispense with, or largely dispense with, the need for an attendant, it is also declared to be the policy of the State of Arkansas to provide needed and feasible rehabilitation services to eligible individuals with a disability throughout the state, thereby increasing the social and economic well-being of themselves and their families and the productive capacity of the state and reducing the burden of dependency on families and taxpayers.    (b) Pursuant to this policy, rehabilitation services shall be provided to citizens throughout the state. The rehabilitation plan adopted pursuant to this subchapter shall be in effect in all political subdivisions of this state.  
 As used in this subchapter, unless the context otherwise requires:   (1) Employment disability means a physical or mental condition which constitutes, contributes to, or if not corrected will probably result in a substantial impairment of occupational performance;  (2) Establishment of a workshop or rehabilitation facility means:  (A) In the case of a workshop, the expansion, remodeling, or alteration of existing buildings to adapt them to workshop purposes or to increase employment opportunities, and the acquisition of inital equipment; and  (B) In the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, the initial equipment of the buildings, and initial staffing thereof;    (3) Individual with a disability means any person who, as a result of a physical or mental disability:  (A) Has a substantial employment disability and who may, through receiving vocational rehabilitation services, be qualified for remunerative employment; or  (B) May achieve such ability of independent living, through receiving rehabilitation services, which will enable him or her to dispense with or largely dispense with the need for institutional care or attendant care in the household;    (4) Maintenance means money payment not exceeding the estimated cost of subsistence during the provision of rehabilitation services;  (5) Nonprofit, when used with respect to a rehabilitation facility or workshop, means a rehabilitation facility or a workshop owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any shareholder or individual, and this income is exempt from taxation under section 101(6) of the Internal Revenue Code;  (6) Person with a visual impairment means a person who has:  (A) Not more than 20/200 central visual acuity in the better eye after correction; or  (B) An equally disabling loss of the visual field;    (7) Physical restoration means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce a disabled individual's disability within a reasonable length of time, including the use of prosthetic appliances but excluding curative treatment for acute or transitory conditions, excepting treatment of medical complications and emergencies as may arise during the rendering of rehabilitation services;  (8)  (A) Rehabilitation and rehabilitation services mean any service, provided directly or through public or private instrumentalities, found by the Director of Arkansas Rehabilitation Services to be necessary to compensate an individual with a disability for his or her employment disability and to enable him or her to engage in a remunerative occupation or to achieve independent living, including without limitation medical and vocational diagnosis, vocational guidance, counseling and placement, training, physical restoration, transportation, occupational and business licenses, equipment, initial stocks and supplies, maintenance, and training books and materials.  (B) The term covers the establishment and operation of workshops, rehabilitation centers, home industries, and small business enterprises for persons with a visual impairment and individuals with a severe disability;    (9) Rehabilitation facility is a facility operated for the purpose of assisting in the rehabilitation of individuals with a disability, which provides one (1) or more of the following types of services:  (A) Testing, fitting, or training in the use of prosthetic devices;  (B) Pre-vocational or conditioning therapy;  (C) Physical, corrective, or occupational therapy;  (D) Adjustment training, or evaluation or control of special impairments; or  (E) Services in which a coordinated approach is made to the physical, mental, and vocational evaluation of individuals with a disability and an integrated program of physical restoration and pre-vocational or vocational training is provided under competent professional supervision and direction;    (10) Rehabilitation training means all necessary training provided to an individual with a disability to compensate for his or her employment disability, including, but not limited to, pre-vocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities;  (11) Remunerative employment includes employment in the competitive labor market, practice of a profession, self-employment, home-making, farm or family work where payment is in kind rather than cash, sheltered employment, home industry, or other homebound work of a remunerative nature;  (12) Service means the Arkansas Rehabilitation Services established by this subchapter; and  (13) Workshop means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing remunerative employment to individuals with a severe disability who cannot be readily absorbed in the competitive labor market.  
 (a) Arkansas Rehabilitation Services shall be administered, under the general supervision and direction of the Division of Workforce Services, by a deputy director, appointed in accordance with established personnel standards and on the basis of education, training, experience, and demonstrated ability in the field of rehabilitation.  (b) In carrying out his or her duties under this subchapter, the deputy director:  (1) Shall, with the approval of the Secretary of the Department of Commerce, prepare rules for promulgation by the appropriate division of the department governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and investigation and determination thereof, for rehabilitation services, procedures for fair hearings, and such other rules as he or she finds necessary to carry out the purposes of this subchapter, including the order to be followed in selecting those to whom rehabilitation services are to be provided in situations where service cannot be provided to all who are eligible for service;  (2) Shall, with the approval of the secretary, establish appropriate subordinate administrative units within Arkansas Rehabilitation Services;  (3) Shall recommend to the secretary for appointment such personnel as he or she deems necessary for the efficient performance of the functions of Arkansas Rehabilitation Services;  (4) Shall prepare and submit to the secretary and the Governor annual reports of activities and expenditures and, before each regular session of the General Assembly, estimates of sums required to carry out this subchapter, as well as estimates of the amounts to be made available for this purpose from all sources;  (5) Shall make certification for disbursement, in accordance with rules, of funds available for carrying out the purposes of this subchapter; and  (6) May, with the approval of the secretary, delegate to any officer or employee of Arkansas Rehabilitation Services such of his or her powers and duties, except the making of rules and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of this subchapter.    
 The deputy director of the Division of Workforce Services shall provide the rehabilitation services authorized by this subchapter to persons with physical or mental disabilities, including blind citizens and those who can benefit from independent living services, as determined by the Director of Arkansas Rehabilitation Services to be eligible therefor. In carrying out the purposes of this subchapter, Arkansas Rehabilitation Services is authorized, among other things:   (1) To be the sole state agency to supervise and administer the rehabilitation services authorized by this subchapter except such part as may be administered by a local agency in a political subdivision of the state, in which case Arkansas Rehabilitation Services shall be the sole agency to supervise the local agency in the administration of that part;  (2) To enter into reciprocal agreements with other states to provide for the services authorized by this subchapter to residents of the state concerned;  (3) To conduct research and compile statistics relating to the provision of services or the need of services of individuals with a disability;  (4) To license a person with a visual impairment to operate vending stands under its supervision and control and subject to the terms and conditions in rules issued pursuant to  20-79-204(b)(1) on:  (A) State property;  (B) County or municipal property;  (C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act and any amendment thereto or any act of the United States Congress relating to this subject;  (D) Private property; and  (E) Subject to Acts 1945, No. 142,  2 [superseded]; and    (5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by individuals with a severe disability, including persons with a visual impairment, where the operation will be improved through the management and supervision of Arkansas Rehabilitation Services.  
 (a) Arkansas Rehabilitation Services is authorized to utilize funds made available:  (1) From appropriations by the United States Congress;  (2) By appropriations by the General Assembly;  (3) From the disbursement of funds of other state agencies; and  (4) By gifts, grants, fees for services, sale of products or items of manufacture or handwork, and donations for the purpose of establishing and operating rehabilitation centers, workshops, business enterprises, programs, and home industries and other facilities.    (b) Gifts, grants, fees for services, income from the sale of products or items of manufacture or handwork, and donations may be deposited into one (1) or more banks and expended by the Division of Workforce Services, in compliance with the rules of the Secretary of the Department of Finance and Administration, in the establishment and operation of rehabilitation facilities and such other program services as may be determined by the division, which are consistent with the purposes of this subchapter.  (c) The division is authorized and empowered to lease or purchase public or private property, real, personal, or mixed, for the purpose of establishing and operating rehabilitation facilities.  
 The Division of Workforce Services, through Arkansas Rehabilitation Services, is empowered and directed to:   (1)  (A) Cooperate with any other division of the Department of Commerce in an effort to rehabilitate those individuals with a disability who are applicants for or recipients of public assistance.  (B) In this respect, it is the intent of the General Assembly that the employment and self-maintenance of adults with a disability shall be encouraged to the maximum extent.  (C) Arkansas Rehabilitation Services and any other division of the department shall take all necessary steps to implement the intent of this section, including the joint development of plans for orderly referral and processing of feasible cases with priority being given to those for whom rehabilitation is determined most feasible;    (2) Cooperate with the United States Government, pursuant to agreements, in carrying out the purposes of any federal statutes pertaining to the purposes of this subchapter. Arkansas Rehabilitation Services is also authorized to:  (A) Adopt such methods of administration as are found to be necessary for proper and efficient operation of the agreements or plans for rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of federal statutes and appropriations;  (B) Administer any legislation pursuant thereto enacted by the State of Arkansas;  (C) Direct the disbursement, and administer the use of, all funds provided by the United States Government or the state for the rehabilitation of individuals with a disability who are residents of Arkansas; and  (D) Do all things necessary to ensure the rehabilitation of individuals with a disability;    (3) Cooperate with other federal, state, and local public agencies and institutions in providing services relating to rehabilitation, including the Arkansas State Employment Service, and make maximum utilization of the job placement and employment counseling services and other services and facilities of the offices in providing the services authorized by this subchapter in studying the problems involved therein and in establishing, developing, and providing such programs, facilities, and services as may be necessary or desirable;  (4) Cooperate with political subdivisions and other public and nonprofit organizations and agencies in the establishment of workshops and rehabilitation facilities and use such facilities as meet the standards established by Arkansas Rehabilitation Services in providing rehabilitation services; and  (5) Enter into contractual arrangements with the Social Security Administration with respect to certifications of disabilities and performance of other duties and with other authorized public agencies for performance of services related to rehabilitation.  
 (a) The Arkansas Rehabilitation Services is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of handicapped persons and to repossess and transfer title for the use of other handicapped persons.  (b) The appropriate division of the Department of Human Services is authorized to offer for sale any surplus items acquired in the operation of the program when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage.  (c)  (1) When any surplus equipment is sold or exchanged, a receipt for the equipment shall be taken from the purchaser showing the consideration given for the equipment and forwarded to the Treasurer of State.  (2) Any funds received by the appropriate division of the department pursuant to the transactions shall be deposited into the State Treasury in the appropriate federal or state rehabilitation fund and shall be available for expenditures for any purposes consistent with this subchapter.    
 The division is authorized and empowered to accept and use gifts and donations, whether from public or private sources, as may be offered unconditionally or under such conditions as are determined proper and consistent with the provisions of this subchapter, and the division may hold, invest, reinvest, and use the gifts and donations in accordance with the conditions of the gifts and donations. 
 (a) The Treasurer of State is designated as custodian of all moneys received from the United States Government for the purpose of carrying out any federal statutes pertaining to the purpose of this subchapter.  (b) The Treasurer of State shall make disbursements from the federal funds and all state funds available for such purposes upon certification in the manner provided in  20-79-204.  (c) All federal grants received in adjustment of the federal-state account may be expended during the year received or in any succeeding year.  
 (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 appropriate division of the Department of Human Services. The amount approved shall be included in the estimates made by the appropriate division 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, the 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 appropriate division shall include as a part of the budget a request for adequate state funds for rehabilitation purposes.  
 (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.  
 (a) Rehabilitation services shall be provided to any individual with a disability:  (1) Who is a bona fide resident of the state at the time of filing his or her application therefor and whose rehabilitation the Director of Arkansas Rehabilitation Services determines, after full investigation, can be satisfactorily achieved; or  (2) Who is eligible therefor under the terms of an agreement with another state or with the United States Government.    (b) However, except as otherwise provided by law or as specified in any agreement with the United States Government with respect to classes of individuals certified to the Division of Workforce Services, the following rehabilitation services shall be provided at public cost only to individuals with a disability found to require financial assistance with respect thereto:  (1) Physical restoration;  (2) Transportation provided for purposes other than to determine the eligibility of the individual for rehabilitation services and the nature and extent of the services necessary;  (3) Occupational and business licenses;  (4) Tools, equipment, initial stock and supplies, including livestock and capital advances, books, and training materials; and  (5) Maintenance.    
 The right of individuals with a disability to maintenance under this subchapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors. 
 Any individual applying for or receiving rehabilitation who is aggrieved by any action or inaction of Arkansas Rehabilitation Services shall be entitled to a hearing in accordance with the rules adopted and promulgated by the Division of Workforce Services on that subject. 
 It shall be unlawful, except for purposes directly connected with the administration of Arkansas Rehabilitation Services and in accordance with rules, for any person to solicit, disclose, receive, or make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or name of, or any information concerning persons applying for or receiving rehabilitation, directly or indirectly derived from the records. 
 (a)  (1) There is created the Technology Equipment Revolving Loan Fund Committee, to be composed of nine (9) members, of which at least five (5) members must be individuals with disabilities, to be appointed by the Governor as follows:  (A) The Director of the Arkansas Rehabilitation Services;  (B) A representative of the banking industry;  (C) A representative of a disability-related consumer organization;  (D) A certified public accountant; and  (E) Five (5) additional members appointed from the state at large.    (2) The director shall be an ex officio member and shall serve as Chair of the Technology Equipment Revolving Loan Fund Committee, voting only in case of a tie vote.  (3) The committee shall elect from its membership a vice chair and a secretary-treasurer.    (b) All members shall be appointed for a term of three (3) years.  (c)  (1) Vacancies on the committee from death, resignations, or otherwise shall be filled by appointment of the Governor to fill the unexpired term that had been created.  (2) Any member of the committee who is absent from three (3) successive regular meetings for any reason other than illness of the member, verified by a written sworn statement by his or her attending physician and entered into the minutes of the committee, shall thereby forfeit and vacate his or her membership on the committee. This forfeiture and vacancy shall be certified to the Governor by the committee. The Governor shall fill the vacancy in the same manner as for other vacancies on the committee.    (d) Members of the committee shall serve without additional compensation, except that committee members may receive expense reimbursement in accordance with  25-16-901 et seq.  
 (a) The Technology Equipment Revolving Loan Fund Committee shall meet at least one (1) time annually and may meet more often as necessary if meetings are called by the Chair of the Technology Equipment Revolving Loan Fund Committee or by a majority of the committee and if all members of the committee are notified of the time, date, and place of the meeting in advance.  (b)  (1) The committee shall adopt rules governing its proceedings.  (2) All rules adopted by the committee shall be promulgated pursuant to the Arkansas Administrative Procedure Act,  25-15-201 et seq.    
 (a) Arkansas Rehabilitation Services shall administer the Technology Equipment Revolving Loan Fund.  (b) Arkansas Rehabilitation Services shall submit to the Technology Equipment Revolving Loan Fund Committee proposed rules governing the operation of the fund, including, but not limited to, eligibility for receipt of funds, purposes for which funds may be available, repayment of funds, administrative adjudications in accordance with Arkansas Administrative Procedure Act,  25-15-201 et seq., and all other matters consistent with and necessary to accomplish the purposes as set out in this subchapter.  (c)  (1) The committee shall be advisers to Arkansas Rehabilitation Services in making loans under this subchapter.  (2) The Director of Arkansas Rehabilitation Services must act on the recommendation of the committee within thirty (30) days of the committee's recommendation or the recommendation of the committee shall be final.    
 (a)  (1) Arkansas Rehabilitation Services is hereby directed to establish, administer, staff, and promote a statewide program to provide access to public telecommunications services by residents of Arkansas who are deaf, hard of hearing, deaf and blind, severely speech-impaired, or who have other disabilities that impair their ability to effectively access the telecommunications network. This program will enable these individuals to access specialized devices or services for telecommunications network access that is functionally equivalent to that enjoyed by individuals without disabilities.  (2) This program shall include, but is not limited to:  (A) The purchase and distribution of telecommunications devices and related devices for the persons who are deaf, hard of hearing, deaf and blind, severely speech-impaired, or who have other disabilities that impair their ability to effectively access the telecommunications network;  (B) The promulgation of procedures, rules, and criteria necessary to implement and administer this program, including accountability measures which utilize consumer participation in the selection and evaluation of equipment and the eligibility of applicants; and  (C) Other actions as may be necessary to implement and administer this program which are not otherwise prohibited by law.      (b) Arkansas Rehabilitation Services shall employ at least one (1) full-time staff person to administer the equipment distribution program and may employ any additional support personnel for the program from within existing staff resources to assure statewide coverage for the program.  
 (a) In order for a person to be eligible for the equipment distribution program, a person shall be certified as deaf, hard of hearing, deaf and blind, speech-impaired, or having another disability that impairs the individual's ability to effectively access the telecommunications network by a licensed physician, audiologist, or speech pathologist or by any other method recognized by Arkansas Rehabilitation Services.  (b)  (1) Arkansas Rehabilitation Services shall also consider financial need and, in so doing, shall take into account financial need standards or other means tests applicable to other programs administered by Arkansas Rehabilitation Services when promulgating procedures, rules, and criteria necessary to implement and administer the program.  (2) Arkansas Rehabilitation Services may develop a sliding scale of eligibility to provide equipment to individuals exceeding the baseline needs tests mentioned in this section.    
 (a)  (1) Equipment purchased under this subchapter shall remain the property of the State of Arkansas for two (2) years and then become the property of the recipient of the equipment.  (2) A person who receives the equipment shall be responsible for the maintenance of the equipment and liable to the Arkansas Rehabilitation Services for the loss of or damage to the equipment.  (3) In the event of the death of an individual in possession of the equipment, or should a person in possession of the equipment leave the state, the equipment shall automatically revert to the possession of the Arkansas Rehabilitation Services.    (b) Any money collected by the Arkansas Rehabilitation Services under this section shall be deposited into the Telecommunications Equipment Fund.  
 This subchapter may be cited as the Older Worker Community Service Employment Act. 
 (a) In order to foster and promote useful part-time employment opportunities in community service activities for persons who are fifty-five (55) years of age or older and who have poor employment prospects, the Older Worker Community Service Employment Program is created.  (b) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to establish and administer the program in accordance with the provisions of this subchapter, utilizing such funds as may be appropriated by the General Assembly in support of this subchapter.  
 As used in this subchapter:   (1) Community service means social, health, welfare, educational, recreational development, maintenance, or restoration of natural resources, community betterment or beautification, environmental protection, and other services that are or might be essential and necessary to the community;  (2) Community-based agency means a public or not-for-profit organization whose primary purposes and experiences are in the development and implementation of programs for the elderly;  (3)  (A) Eligible individual or participant means an individual who is fifty-five (55) years of age or older.  (B) Furthermore, participants in the program funded under this subchapter shall not be considered to be state employees as a result of the employment for any purpose; and    (4) Program means the Older Worker Community Service Employment Program.  
 To implement this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized:   (1)  (A) To enter into agreements with and make program grants to community-based agencies for the purpose of establishing statewide implementation of the Older Worker Community Service Employment Program.  (B) However, the division shall make no payments towards the cost of the program unless the division determines that the community-based agencies will adhere to the provisions of  20-80-205 and the established rules or policies related to the administration of this subchapter;    (2) To allow reasonable and appropriate administrative cost for the total program, which in no event shall exceed the allowable percentage limitation established for Title III of the Older Americans Act, and 45 C.F.R.  1321.1 et seq.; and  (3) To make, issue, and amend rules and policies necessary to effectively carry out this subchapter.  
 (a) In the development and implementation of the Older Worker Community Service Employment Program, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt program standards and procedures that will ensure that the intent and provisions of this subchapter are adhered to by community-based agencies receiving program grant funds.  (b) At a minimum, the program and each program grant funded will:  (1) Provide employment only for eligible individuals, except for necessary technical, administrative, and supervisory personnel, but the personnel shall, to the fullest extent possible, be recruited from among eligible individuals;  (2) Employ eligible individuals in community service programs or agencies sponsored by organizations exempt from taxation under the provisions of the Internal Revenue Code, other than political parties, except projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship;  (3) Contribute to the general welfare of the community;  (4) Provide employment for eligible individuals whose opportunities for other suitable public or private paid employment are poor;  (5) Result in an increase in employment opportunities for eligible individuals and will not result in the displacement of employed workers or impair existing contracts;  (6) Utilize methods of recruitment and selection which will assure that the maximum number of eligible individuals will have an opportunity to participate in the program;  (7) Ensure that, to the extent feasible, the program will serve the needs of minority eligible individuals in proportion to their number in the state;  (8) Ensure that safe and healthy conditions of work will be provided and that persons employed in community services jobs assisted under this subchapter shall be paid at least the minimum wage as established by the Fair Labor Standards Act; and  (9) Ensure that program employers provide personnel fringe benefits for participants. The coverage shall include workers' compensation, unemployment insurance, Federal Insurance Contributions Act, 26 U.S.C.  3128, and other coverage as may be required by regulation or policy.    
 This subchapter shall be known as the Community Service and Community Action Program Act of 1985. 
 (a) The purpose of this subchapter is to encourage nonprofit community action organizations which have been formed to provide basic and essential human services to low income and elderly citizens of Arkansas in the areas of health, transportation, housing, home repair and weatherization, aging programs and aging alternatives to institutionalization, developmental child care and enrichment, youth opportunity programs, and other related activities which the General Assembly recognizes as beneficial to a large number of Arkansas citizens.  (b) It is further the purpose of this subchapter to encourage and promote the operations and activities of community action agencies whether the activities are conducted by one (1) agency or by two (2) or more cooperating agencies.  
 Nothing in this subchapter is intended to change or in any way conflict with the status, boundaries, or functions of regional or metropolitan planning commissions or councils of governments established under  14-17-301  14-17-309 and 14-56-501  14-56-509 nor the status, boundaries, and functions of planning and development districts as established and recognized under  14-166-201  14-166-205. 
 In furtherance of the purposes of this subchapter, the General Assembly recognizes community action organizations in their efforts to provide services beneficial to low-income citizens of this state and establishes a program of financial assistance to recognized community action agencies to enable them to continue and expand activities and programs stated in  20-80-302. 
 The General Assembly recognizes as community action agencies and their jurisdiction, the following nineteen (19) existing community action organizations:   (1) Arkansas River Valley Area Council, consisting of Franklin, Scott, Yell, Johnson, Pope, Conway, Perry, Logan, and Polk counties;  (2) Black River Area Development Corporation, consisting of Randolph, Clay, and Lawrence counties;  (3) Central Arkansas Development Council, consisting of Saline, Hot Spring, Clark, Pike, and Montgomery counties;  (4) Community Action Program for Central Arkansas, consisting of White, Faulkner, and Cleburne counties;  (5) Crowley's Ridge Development Council, Inc., consisting of Craighead, Greene, Jackson, and Poinsett counties;  (6) Crawford-Sebastian Community Development Council, Inc., consisting of Crawford and Sebastian counties;  (7) Community Services Office, Inc., consisting of Garland County;  (8) East Central Arkansas Economic Opportunity Corporation, consisting of Cross, St. Francis, Woodruff, Crittenden, and Lee counties;  (9) Economic Opportunity Agency of Pulaski County, consisting of Pulaski and Lonoke counties;  (10) Economic Opportunity Agency of Washington County, consisting of Washington County;  (11) Arkansas Economic Opportunity Commission, Inc., consisting of Mississippi County;  (12) Mid-Delta Community Services, Inc., consisting of Phillips, Monroe, and Prairie counties;  (13) Northcentral Arkansas Development Council, consisting of Fulton, Izard, Sharp, Stone, and Independence counties;  (14) Office of Human Concern, consisting of Benton, Carroll, and Madison counties;  (15) Ozark Opportunities, Inc., consisting of Van Buren, Searcy, Boone, Marion, Baxter, and Newton counties;  (16) Pine Bluff Jefferson County Economic Opportunity Commission, Inc., consisting of Jefferson, Grant, Arkansas, Lincoln, and Cleveland counties;  (17) South Central Community Action Authority, consisting of Ouachita, Columbia, Calhoun, Dallas, and Union counties;  (18) Southeast Arkansas Community Action Corporation, consisting of Bradley, Drew, Desha, Ashley, and Chicot counties; and  (19) Southwest Arkansas Development Council, Inc., consisting of Little River, Hempstead, Miller, Lafayette, Howard, Sevier, and Nevada counties.  
 The appropriate division of the Department of Human Services is authorized to change the boundaries and the number of officially recognized community action agencies, provided that concurrence therein is obtained of the governing boards of each of the affected existing agencies as recognized in  20-80-305. 
 (a) The governing boards of directors of the nineteen (19) existing community action organizations are recognized as the representative organizations of the community action agencies as recognized in  20-80-305.  (b) The appropriate division of the Department of Human Services is authorized, whenever agency boundaries have been changed in accordance with  20-80-306, to recognize the representative organizations of the new community action agencies.  (c) In order to qualify for recognition and further benefits under this subchapter, a community action agency shall have been organized and constituted under the provisions of the Community Service Block Grant Act of 1981 and shall have a governing board whose numbers are elected and are representatives of specific community interests in accordance with the Community Service Block Grant Act of 1981.  
 (a) The appropriate division of the Department of Human Services is authorized to make payments from time to time to officially recognized organizations of community action agencies from state funds appropriated for that purpose. Payments shall be scheduled to begin as nearly as possible on July 1 of each fiscal year and on the first day of each calendar quarter thereafter.  (b) Funds appropriated for payments to the organizations of community action agencies shall be allocated on the basis of equitable criteria established by the appropriate division based upon application for programs.  (c) If any change occurs in the jurisdictions of any of the officially recognized nineteen (19) community action agencies, as authorized in  20-80-306, the first allocation of appropriated funds to the former agency or agencies, which comprise counties reorganized under the jurisdiction of a newly recognized agency, shall be apportioned to the new agency or agencies in accordance with equitable criteria established by the appropriate division.  (d)  (1)  (A) At least ninety percent (90%) of the funds received and appropriated by the state from the United States Government under the community services block grant shall be allocated to community action agencies, as defined in this subchapter, under a formula to be determined by the appropriate division which is designated as the disbursing agency for community services block grant funds.  (B) The powers of every community action agency governing board shall include the power to appoint persons to senior staff positions to determine major personnel, fiscal, and program policies to approve overall program plans and priorities and to assure compliance with conditions of and approve proposals for financial assistance under this subchapter.  (C) No more than five percent (5%) of the community services block grant may be used by the disbursing agency for administrative purposes.  (D) Any subsequently remaining funds may be used for purposes to be determined by the disbursing agency.    (2) In the event that the community services block grant is eliminated, each community action agency shall be funded, subject to the restrictions of applicable law or regulation, in the distribution of other federal funds which can be used to support antipoverty programs.    
 (a) Whenever the General Assembly has appropriated funds in order to make payments to officially recognized community action agencies as authorized in this subchapter, the appropriate division of the Department of Human Services shall notify the respective governing boards of the agencies of the amount allocated to the agencies as provided in  20-80-308 [repealed] and shall notify the respective boards that application for the funds may be made upon forms provided therefor by the appropriate division.  (b) Upon the receipt of application for the funds, the appropriate division shall determine that the following conditions have been met before disbursing the payments:  (1) The community action organization is an officially recognized community action agency, in accordance with  20-80-305 and 20-80-306 and has been constituted in accordance with  20-80-307(c); and  (2) The agency board of directors shall certify that a proposed budget has been established for the expenditure of state funds for purposes consistent with the purpose of this subchapter.    (c) At the end of each fiscal year, an audited report of each community action agency shall be submitted to the appropriate division.  (d) Any amounts of state funds unexpended or unobligated by June 30 shall be returned by the agency to the State Treasury.  (e) If any community action agency shall have expended any state funds for any purpose not within the purpose and intent of this subchapter, that amount shall be reimbursed by the agency to the State of Arkansas before any additional payments may be made to the agency.  
 State funds appropriated by the General Assembly to the appropriate division of the Department of Human Services for payments to be made to recognize community action agencies in accordance with this subchapter shall be used by the agencies for funding antipoverty programs designated by state rules. 
 The Department of Human Services shall transfer annually to the Division of Environmental Quality a minimum of fifteen percent (15%) and up to a maximum of twenty-five percent (25%), as allowed by federal law or regulation, of the annual allocation for the Low Income Home Energy Assistance Program to be used by the Weatherization Assistance Program of the Arkansas Energy Office. 
 This subchapter shall be known as the Commissioner of State Lands Urban Homestead Act. 
 (a) This subchapter shall apply only to urban property and shall be established to prevent waste of valuable real property already offered for public sale and not disposed of which has been certified to the office of the Commissioner of State Lands for nonpayment of ad valorem real property taxes.  (b) The further intent of this section is to provide cities, incorporated towns, legal entities that intend to apply for an award of low-income housing tax credits under section 42 of the Internal Revenue Code, and community organizations the ability to better serve any eligible person in need of a homestead and to provide the eligible person the opportunity to hold and maintain a private residence, and to contribute to the taxing structure of the applicable taxing units.  
 As used in this subchapter, unless the context otherwise requires:   (1) Applicant means any city, incorporated town, legal entity that intends to apply for an award of low-income housing tax credits under section 42 of the Internal Revenue Code, or community organization applying to the Commissioner of State Lands for donation of tax-forfeited land;  (2)  (A) Community organization means a recreational, educational, social, or benevolent organization dedicated to improving the mental or physical health and welfare of its members and of the public.  (B) A community organization may be established for community betterment or beautification, environmental protection, establishment of housing, and other purposes beneficial to the community and may be a division of the federal, state, county, or local government or may be a private nonprofit corporation;    (3) Eligible person means an individual person or family unit meeting eligibility criteria for the sale, lease, or grant of a homestead. A corporation, partnership, association, or similar organization shall not be an eligible person;  (4) Homestead means the home and accompanying or adjoining land of the primary residence of a person; and  (5) Urban means land found within the city limits of any city or incorporated town in the state.  
 (a) All land subject to donation under this subchapter must have been offered for sale to the highest bidder by the Commissioner of State Lands pursuant to  26-37-101 et seq.  (b) After the Commissioner of State Lands has met the requirements of  26-37-101 et seq., the Commissioner of State Lands may accept applications for donation of remaining tax-forfeited urban property.  (c) The Commissioner of State Lands shall prescribe the requisite contracts, forms, or applications.  
 (a)  (1) Applications for donation may be made by the following persons or community organizations:  (A) Agents of cities and incorporated towns that also have one (1) of the community organizations listed in subdivisions (a)(1)(B)(i)-(iv) of this section; or  (B) The chair of the board or executive director of one (1) of the following community organizations:  (i) A housing authority;  (ii) A community development agency;  (iii) A community development corporation; or  (iv) A local initiative support corporation.      (2) Other community organizations may apply for donation of the land so long as that organization is a nonprofit corporation that qualifies as an Internal Revenue Service section 501(c)(3) tax-exempt organization.  (3) A legal entity that intends to apply for an award of federal low-income housing tax credits under section 42 of the Internal Revenue Code may apply for donation of land under this subchapter only if the legal entity is a qualified nonprofit organization pursuant to section 42 of the Internal Revenue Code and accompanying regulations and guidance of the Internal Revenue Service.    (b) Any applicant must have legal authority to accept and convey title to properties for homesteading purposes.  
 (a) The Commissioner of State Lands may accept, modify, or deny any application.  (b) Before the Commissioner of State Lands may donate any parcel to any applicant, other than agents of a city or incorporated town, the city or town shall grant express approval of the donation, thereby avoiding possible conflicts in planning or development projects overseen by the cities or towns of this state.  
 (a)  (1) Accepted applications will result in a contract or limited warranty donation deed between the Commissioner of State Lands and the applicant for donation of tax-forfeited lands.  (2) The contract or deed, to be provided by the Commissioner of State Lands, shall provide that the applicant will have primary responsibility for the development of the donated parcel.  (3) The contract or deed shall also set out the eligiblity criteria for determining an eligible person with respect to a sale, lease, or grant of a homestead from the donated parcel and shall require the applicant to follow the eligiblity criteria in making sales, leases, or grants from the donated parcel.    (b) Upon execution of a donation deed to the applicant, the Commissioner of State Lands may no longer be an immediate party to the construction or maintenance of the parcel, except that the contract or donation deed may contain a possibility of reverter to the Commissioner of State Lands should the proposed homestead, for any reason, not develop pursuant to specifications.  (c) In addition, the contract or deed may provide the time period within which the property may be developed.  
 (a) With execution of the donation deed, the Commissioner of State Lands may waive outstanding taxes, penalties, and interest within the authority of the office of the Commissioner of State Lands.  (b) Other liens or encumbrances attached to the property not within the authority of the Commissioner of State Lands pursuant to  26-37-101 et seq. will be considered a matter to be resolved between the applicant and the lienholder.  
 (a) No consideration shall be required for the transfer of title between the Commissioner of State Lands and the applicant, except one dollar ($1.00).  (b) Additional, actual costs associated with the conveyance, including, but not limited to, abstracting, researching, confirmation of title, and the filing of documents with the county, may be charged to the applicant by the Commissioner of State Lands.  
 (a)  (1) Development of the donated parcel shall be strictly for the construction or maintenance of a homestead for eligible persons.  (2) Upon completion of the construction of the home, the city, incorporated town, or community organization may sell, lease, or grant the home to any eligible person.    (b)  (1) The homestead is to be used strictly for the private residence of the eligible person.  (2) The sale, lease, or grant of the home shall be a transaction between the applicant and the eligible person.    
 (a) The applicant is responsible for transferring the donated parcel to an eligible person.  (b) The eligibility criteria for the sale, lease, or grant of a homestead shall be established by the Commissioner of State Lands and shall take into account the income of the person or family unit, which shall not exceed the median family income, as determined by the United States Department of Housing and Urban Development, for the area in which the applicant is located.  (c) Upon transferring the land to the eligible person, the homestead will be treated as any other private residence and subject to all laws, rules, and regulations of the government, including the payment of real property taxes.  
 (a)  (1) There is established the Arkansas Veterans' Child Welfare Service.  (2) The Arkansas Veterans Child Welfare Service shall be under the direction of a director to be named by the Governor upon written recommendation by the governing body of the American Legion  Department of Arkansas Foundation, Inc.  (3) The Director of the Arkansas Veterans' Child Welfare Service shall serve at the pleasure of the Governor. (4) The director shall report to the Secretary of the Department of Veterans Affairs.    (b)  (1) The Arkansas Veterans Child Welfare Service shall establish a program of furnishing temporary and interim welfare and rehabilitation services and assistance for minor children of honorably discharged Arkansas veterans who are deceased or medically incapacitated.  (2) The Arkansas Veterans Child Welfare Service is authorized to enter into contracts and agreements with one (1) or more veterans' organizations in this state, with private individuals or corporations, or with the United States Government for the sharing of facilities or services and for the administration of funds in furtherance of veterans' child welfare services.    (c) Funds granted to the Arkansas Veterans Child Welfare Service, other than state-appropriated funds, may be deposited into one (1) or more bank accounts in banks in this state and shall be administered in accordance with purposes for which the funds were granted as authorized in this section.  
 (a) The Arkansas Veterans' Commission is established to:  (1) Serve as the advisory body for the Secretary of the Department of Veterans Affairs;  (2) Serve as a liaison between the Department of Veterans Affairs and a chartered nonprofit veterans organization in this state, including without limitation the:  (A) American Legion;  (B) Department of Arkansas, Veterans of Foreign Wars of the United States;  (C) Disabled American Veterans; and  (D) Arkansas Veterans Coalition, Inc.;    (3) Promote and advance the interests of Arkansas veterans by meeting and acting as an advisory board to the General Assembly on all matters affecting Arkansas veterans, their dependents, and survivors, including without limitation by meeting with the members of the House Legislative, Military and Veterans Affairs Permanent Subcommittee of the House Committee on Aging, Children and Youth, Legislative and Military Affairs; and  (4) Gather information and data to help improve the operation and efficiency of the veterans' homes established under  20-81-105 and a state veterans' cemetery established under  20-81-112 by consulting with and coordinating with veterans' commissions in other states.    (b)  (1) The Arkansas Veterans' Commission shall be composed of fifteen (15) members, who shall be appointed by the Governor and confirmed by the Senate.  (2) Members of the Arkansas Veterans' Commission shall serve for five-year overlapping terms.  (3) The Arkansas Veterans' Commission shall annually elect its chair from among its membership.  (4)  (A) Members of the Arkansas Veterans' Commission may receive expense reimbursement and stipends in accordance with  25-16-901 et seq.  (B)  (i) Members of the Arkansas Veterans' Commission are also authorized to attend conventions, conferences, or meetings of recognized veterans' organizations, herein defined as veterans' organizations listed in the current United States Department of Veterans Affairs Directory of Veterans and Military Service Organizations as meeting the criteria of 38 C.F.R  14.628, and are entitled to reimbursement for expenses incurred in attending those conventions, conferences, or meetings in accordance with procedures and limits prescribed by law or regulation for state employees.  (ii) However, a member of the Arkansas Veterans' Commission shall not be entitled to reimbursement of the expenses authorized in subdivision (b)(4)(B)(i) of this section unless the reimbursement is approved in advance by the Chair of the Arkansas Veterans' Commission and the secretary.    (C)  (i) A member of the Arkansas Veterans' Commission shall not receive more than one thousand dollars ($1,000) during any fiscal year for stipends and reimbursement of expenses incurred as a member of the Arkansas Veterans' Commission unless:  (a) Another member of the Arkansas Veterans' Commission claims less than one thousand dollars ($1,000) in stipends and reimbursement of expenses during the fiscal year; and  (b) The chair, subject to the approval of the secretary, authorizes the transfer of the unclaimed funds authorized by subdivision (b)(4)(C)(i)(a) of this section to another member of the Arkansas Veterans' Commission to be used for stipends and reimbursement expenses incurred over the authorized one thousand dollars ($1,000).    (ii) However, a member of the Arkansas Veterans' Commission shall not receive more than two thousand five hundred dollars ($2,500) in stipends and reimbursement of expenses in any fiscal year.        (c) The Arkansas Veterans' Commission shall make recommendations to the secretary for the operation and improvement of the efficiency of the veterans' homes established under  20-81-105 and the state veterans' cemetery system established under  20-81-112.  (d) Quarterly meetings of the Arkansas Veterans' Commission are authorized at the call of the chair.  
 (a) The Department of Veterans Affairs is authorized to establish and maintain one (1) or more veterans' homes at locations selected by the Secretary of the Department of Veterans Affairs, after seeking advice from the Arkansas Veterans' Commission.  (b) The department is authorized to employ staff to operate the veterans' homes as it deems appropriate and as authorized by biennial appropriation.  (c)  (1) Each veterans' home shall be operated under the supervision of the department.  (2) The secretary shall be the administrative head of the veterans' homes.  (3) The secretary may delegate the administration of each veterans' home to an employee of the department.    (d)  (1) The department shall promulgate appropriate guidelines for determining eligibility of veterans for admission to a veterans' home and the monetary charges to be made for veterans residing in a veterans' home. All guidelines shall conform to the federal requirements to qualify veterans' homes as nursing homes for veterans and to render the veterans' homes eligible to receive federal financial assistance.  (2)  (A) Notwithstanding the provisions of  20-8-101 et seq., the veterans' homes may be used as nursing homes for veterans without obtaining a certificate of need.  (B) Bed capacity shall not exceed two hundred twenty (220) beds.      (e) In the administration of the veterans' homes, the secretary is authorized to do the following:  (1) Establish accounts to record the receipt and disbursement of funds from resident veterans to pay for a portion of their maintenance at a veterans' home;  (2) Develop policies for determining charges to be made to resident veterans;  (3) Develop accounts and procedures pertaining to incompetent residents;  (4) Establish procedures and accounts for payment by a veteran's home to its residents for work performed at the veterans' home;  (5) Establish such other accounts as are necessary to the orderly administration of the veterans' homes; and  (6) Establish policies necessary for the operation of the veterans' homes.    (f) At the end of each fiscal year, the secretary shall certify to the Chief Fiscal Officer of the State the amount of nonrevenues to be retained in the Miscellaneous Agencies Fund Account. All other moneys shall be transferred to the General Revenue Allotment Reserve Fund according to existing laws.  
 (a)  (1) The Department of Veterans Affairs is authorized to establish, implement, and maintain a program for providing financial assistance to the counties to assist the counties in paying the salaries and expenses of county veterans' service officers.  (2) Any program established and maintained by the Department of Veterans Affairs shall provide for financial assistance to applying counties on the basis of one dollar ($1.00) of state funds for each two dollars ($2.00) of county funds provided for the payment of the salary and expenses of the particular veterans' service officer of the applying county.  (3) No county shall receive financial assistance under the provisions of this act in excess of three thousand six hundred dollars ($3,600) in any fiscal year. However, the financial assistance to counties under this section may be increased to a maximum of four thousand eight hundred dollars ($4,800) per year for those counties wherein the veteran population exceeds two thousand five hundred (2,500) veterans as reflected by the latest United States Department of Veterans Affairs report on veteran population.  (4) Assistance grants pursuant to this section may be made only to those counties employing a county veterans' service officer who meets the training and testing qualifications, scheduled number of work hours per month, and other qualifications prescribed by the Department of Veterans Affairs for county veterans' service officers.    (b)  (1) The county veterans' service officers shall serve at the pleasure of the individual incumbent county judge in his or her respective county.  (2) However, supervision, training, and testing of county veterans' service officers shall be the responsibility of the Department of Veterans Affairs.    
 (a) The Secretary of the Department of Veterans Affairs is authorized to arrange for and accept through such mutual arrangement as may be made the volunteer services, equipment, gifts, facilities, properties, supplies, and personnel of any state, county, and municipal offices and agencies and of veterans' fraternal, welfare, civic, and service organizations in the furtherance of the purposes of this act.  (b) The secretary may accept on behalf of the department from any natural person or legal entity the donation of real property for use as a cemetery for the interment of Arkansas veterans of the United States Armed Forces and their immediate next of kin as defined by the department.  (c) The secretary may accept on behalf of the department from any source the donation of gifts, grants, cash, bequeaths, real or personal property, and equipment for the establishment, construction, maintenance, and operations of any state-owned and state-operated veterans' home.  
 (a) County quorum courts, city councils, and other municipal governing bodies are authorized to appropriate money for the purpose of maintaining county and municipal offices jointly with the Department of Veterans Affairs, on either a full-time or part-time basis.  (b) All offices shall be under the supervision of the Secretary of the Department of Veterans Affairs, and all work of the offices shall be coordinated with the department.  
 It shall be the duty of all state, county, and municipal offices and agencies legally concerned with and interested in the welfare of veterans and their dependents to cooperate with the Department of Veterans Affairs in carrying out the purposes of this act. 
 The soldiers, sailors, and Marines who were disabled in military service during the World Wars, Korean War, and Vietnam War and the dependents of the soldiers, sailors, and Marines are entitled to the same privileges as are now enjoyed by all other veterans. 
 (a) The Department of Veterans Affairs is authorized to establish and maintain a state veterans' cemetery system to serve the veterans, spouses, and eligible dependents of the veterans of Arkansas.  (b) The department may:  (1) Employ staff to operate the cemetery system; and  (2) Charge a fee for each interment of an eligible spouse or dependent of a veteran not to exceed three hundred dollars ($300).    (c) The department shall:  (1) Promulgate appropriate guidelines for determining eligibility for burial;  (2) Establish accounts as are necessary to the orderly administration of the cemetery system;  (3) Develop plans and programs which will provide for initial establishment of sites to meet the greatest need and provide for their orderly expansion; and  (4) Make applications to federal agencies such as the United States Department of Veterans Affairs and receive federal funding as is available to establish and operate this cemetery system.    
 (a) The Department of Veterans Affairs may establish a uniform data collection system to locate veterans and military families to determine need and direct appropriate services to veterans and military families in this state.  (b)  (1) All instrumentalities of state government shall:  (A) Cooperate with the department to implement the system;  (B) Supply the information requested by the department to implement the system; and  (C) Ask each applicant for, and recipient of, government services if he or she has ever served in the United States Armed Forces.    (2) If an applicant for, or a recipient of, government services states that he or she has served in the United States Armed Forces, the instrumentality of state government shall:  (A) Attempt to collect all information requested by the department to be collected; and  (B) Provide the information obtained to the department.      (c) The department shall promulgate rules to implement this section.  
 (a) There is created the Arkansas Child Abuse/Rape/Domestic Violence Commission, to be composed of twenty-two (22) persons appointed by the Governor for five-year staggered terms and until the successor is appointed and qualified.  (b) The membership of the commission shall consist of the following:  (1) A representative of domestic violence programs or domestic violence service providers in Arkansas;  (2) A representative of the Department of Arkansas State Police;  (3) A physician specializing in the treatment of child abuse;  (4) A prosecuting attorney;  (5) A defense attorney;  (6) A representative of the Division of Children and Family Services of the Department of Human Services;  (7) A representative of a parents' group;  (8) A mental health professional specializing in the treatment of child abuse or domestic violence or rape;  (9) A representative of city or county law enforcement;  (10) A representative of children with disabilities;  (11) A judge involved in criminal court proceedings related to child abuse and neglect;  (12) A judge involved in civil court proceedings related to child abuse and neglect;  (13) A representative of the State Crime Laboratory;  (14) A representative of the Department of Health;  (15) A representative of rape crisis centers;  (16) A representative of the office of the Attorney General;  (17) Three (3) members at large;  (18) A court-appointed special advocate representative;  (19) An attorney ad litem; and  (20) A faculty member from a four-year college or university with experience in the study of human trafficking or a closely related area of study.    (c) Members of the commission may receive expense reimbursement in accordance with  25-16-901 et seq.  
 The Arkansas Child Abuse/Rape/Domestic Violence Commission shall be an advisory body only and shall act in an advisory capacity to the Child Abuse/Rape/Domestic Violence Section of the office of the Chancellor of the University of Arkansas for Medical Sciences. 
 The administrative and associated operating costs and expenses of the Arkansas Child Abuse/Rape/Domestic Violence Commission may be paid from and administered through the normal contractual processes of the University of Arkansas for Medical Sciences. 
 There is hereby created the Child Abuse/Rape/Domestic Violence Section within the office of the Chancellor of the University of Arkansas for Medical Sciences. 
 The Child Abuse/Rape/Domestic Violence Section shall have the authority and responsibility to:   (1) Administer and disburse funds received through the Children's Justice Act, Pub. L. No. 99-401, rape funds received through the preventive health services block grant, and any other federal and grant funds;  (2) Receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities;  (3) Educate professionals, law enforcement officers, prosecuting attorneys, trial and appellate judges, district judges, Department of Human Services employees, and other victim service providers regarding issues, interventions, and other matters associated with child abuse, rape, and domestic violence;  (4) Research, develop, and disseminate resource materials as needed;  (5) Facilitate the development of and contract with local multidisciplinary teams throughout the state, the purpose of which is to provide coordinated investigation and service delivery to child victims of severe maltreatment;  (6) Authorize local multidisciplinary teams throughout the state to review instances of child deaths involving children ages birth through seventeen (17) years of age;  (7) Provide support, coordination, and technical assistance to providers of services for rape, domestic violence, and child abuse victims;  (8) Develop a database for use in Arkansas which addresses information about the effectiveness of treatment programs and other intervention efforts in the areas of domestic violence, child abuse, child sexual abuse, and rape and which focuses on interventions with victims, families, and perpetrators;  (9) Advise the Governor as to the immediate needs and priorities surrounding the issues of child abuse, domestic violence, and rape;  (10) Contract and be contracted with;  (11) Provide consultation and technical assistance to professionals regarding child abuse, rape, and domestic violence;  (12) Work with the Area Health Education Center Program of the University of Arkansas for Medical Sciences to research, develop, and disseminate resource materials for regions in the state; and  (13) Facilitate and collaborate with professionals regarding human trafficking.  
 The Child Abuse/Rape/Domestic Violence Section shall consist of such staff and shall operate within such budget as may be authorized by the appropriation of federal funds by the General Assembly. 
 (a) Findings and Purpose.  (1) The General Assembly finds and determines that:  (A) Abused children often have to describe their sexual or physical abuse several times to different professionals at different locations;  (B) Many child abuse investigations are conducted with little collaboration between the agencies involved in the cases;  (C) Each agency's child abuse professionals are housed in different facilities and, as a result, interface during the investigation and management of cases is limited;  (D) Sexual and physical abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams; and  (E) Child safety centers provide:  (i) A more child-friendly atmosphere;  (ii) Reduced trauma to the children and their families;  (iii) Improved investigations and management;  (iv) More effective utilization of multiagency information;  (v) Greater protection of children;  (vi) Increased prosecution of perpetrators; and  (vii) Less unnecessary family intervention.      (2) The purpose of this section is to encourage the use of existing child safety centers and the development of new centers providing the benefits under one roof.    (b) Establishment and Authority.  (1) There is established the Community Grants for Child Safety Centers Program.  (2) The Arkansas Child Abuse/Rape/Domestic Violence Commission shall advise the Child Abuse/Rape/Domestic Violence Section on the administration and monitoring of this grant program for the operation of existing child safety centers and the development of new centers in the State of Arkansas.    
 (a) As used in this section, multidisciplinary team means a local team operating under a statewide model protocol developed by the Arkansas Child Abuse/Rape/Domestic Violence Commission governing the roles, responsibilities, and procedures of the multidisciplinary team.  (b) The commission shall:  (1)  (A) Prepare and issue a statewide model protocol for local multidisciplinary teams regarding investigations of child abuse and the provision of safety and services to victims of child abuse, which may include child victims of human trafficking.  (B) The statewide model protocol shall describe coordinated investigation or coordinated services, or both, of state and local law enforcement, the Department of Human Services, and medical, mental health, and child safety centers; and    (2) Review and approve a protocol prepared by each local multidisciplinary team.    (c) Each multidisciplinary team shall:  (1) Develop a protocol consistent with the statewide model protocol issued by the commission; and  (2) Submit the protocol to the commission for review and approval.    
 (a) The Arkansas Child Abuse/Rape/Domestic Violence Commission shall establish the Subcommittee on Child Safety Centers.  (b) The subcommittee shall consist of seven (7) members appointed as follows:  (1) Three (3) members appointed by the commission; and  (2) Four (4) members appointed by the Arkansas Legislative Task Force on Abused and Neglected Children.    (c) The subcommittee shall oversee the operations of the child safety centers with regard to child abuse.  
 (a)  (1) There is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission the Child Welfare Ombudsman Division.  (2) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission shall:  (A) Hire a Child Welfare Ombudsman; and  (B) Supervise the Child Welfare Ombudsman.    (3) The Child Welfare Ombudsman shall not be supervised by the members of the Arkansas Child Abuse/Rape/Domestic Violence Commission.  (4) The minimum qualifications for the Child Welfare Ombudsman shall include:  (A) A master's degree in:  (i) Social work;  (ii) Psychology; or  (iii) A related field; or    (B) Comparable experience in one (1) or more programs that serve juveniles and families who are involved in dependency-neglect proceedings.    (5) The Child Welfare Ombudsman shall have the following powers and duties:  (A) The duty to work independently of the:  (i) Department of Human Services;  (ii) Administrative Office of the Courts;  (iii) Commission for Parent Counsel;  (iv) Attorney Ad Litem Program;  (v) Arkansas Public Defender Commission; and  (vi) Arkansas Court Appointed Special Advocates program;    (B) The duty to communicate with a:  (i) Juvenile after the approval of, and subject to the conditions set by, the:  (a) Dependency-neglect attorney ad litem appointed to the juvenile; or  (b) Attorney for the juvenile if the juvenile has an attorney other than a dependency-neglect attorney ad litem; and    (ii) Parent of a juvenile after the approval of, and subject to the conditions set by, the attorney for the parent if the parent has an attorney;    (C) The authority to access a record as allowed by law;  (D) The duty to review and recommend necessary changes to procedures under the Arkansas Juvenile Code of 1989,  9-27-301 et seq., the Child Maltreatment Act,  12-18-101 et seq., and other laws relevant to the operation of the child welfare system that are applicable to the:  (i) Department of Human Services;  (ii) Division of Arkansas State Police;  (iii) Administrative Office of the Courts;  (iv) Attorney Ad Litem Program;  (v) Commission for Parent Counsel;  (vi) Arkansas Public Defender Commission; and  (vii) Arkansas Court Appointed Special Advocates program;    (E) The duty to review an issue or concern related to a court case or investigation of a juvenile if it appears that the juvenile, parent of the juvenile, foster parent of the juvenile, relative of the juvenile, or fictive kin of the juvenile may need assistance from the child welfare ombudsman;  (F) The duty to provide training and technical assistance if a request is received from:  (i) A member of the child welfare system;  (ii) The General Assembly; or  (iii) The office of the Governor;    (G) The duty to make the public aware of the Child Welfare Ombudsman Division and the contact information for the Child Welfare Ombudsman Division; and  (H)  (i) The duty to prepare an annual report concerning the work of the Child Welfare Ombudsman Division, the operation of the child welfare system, and any recommendations related to the operation of the child welfare system.  (ii) The Child Welfare Ombudsman Division shall submit the annual report to the:  (a) Governor;  (b) Secretary of the Department of Human Services;  (c) Director of the Division of Arkansas State Police;  (d) Director of the Division of Children and Family Services;  (e) Director of the Administrative Office of the Courts;  (f) Commission for Parent Counsel;  (g) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and  (h) Senate Interim Committee on Children and Youth.    (iii) The annual report shall not contain information that would identify a juvenile or the family of a juvenile.        (b) As used in this section, juvenile means a juvenile as defined in  9-27-303 who is:  (1) A respondent in a dependency-neglect proceeding held under the Arkansas Juvenile Code of 1989,  9-27-301 et seq.; or  (2) The subject of a child maltreatment investigation under the Child Maltreatment Act,  12-18-101 et seq.    (c) A record maintained by the Child Welfare Ombudsman Division that pertains to a court case or investigation of a juvenile who is the subject of work performed by the Child Welfare Ombudsman Division is confidential and shall not be disclosed except as permitted under  9-28-407.  
 The Department of Health shall:   (1) Develop and administer a program of community education, prevention, and outreach activities to address the health risks and emotional trauma inflicted by the practice of unlawful female genital mutilation and to inform communities of the criminal penalties for committing unlawful female genital mutilation;  (2) Develop and disseminate information regarding unlawful female genital mutilation, recognizing the risk factors associated with unlawful female genital mutilation, and the signs that a person may be a victim of unlawful female genital mutilation, and the criminal penalties for committing unlawful female genital mutilation to teachers, and law enforcement personnel, and ensuring their awareness and compliance with the provisions of this section;  (3) Develop policies and procedures to promote partnerships between departments, agencies, and political subdivisions, including without limitation the Department of Human Services and Division of Elementary and Secondary Education, and other governmental entities and nongovernmental organizations to prevent unlawful female genital mutilation and to protect and provide assistance to victims of unlawful female genital mutilation;  (4) Outline best practices for responses to victims of unlawful female genital mutilation; and  (5) Develop policies and procedures for the training of providers of health services:  (A) Regarding best practices for responses to victims of unlawful female genital mutilation; and  (B) To recognize:  (i) The risk factors associated with unlawful female genital mutilation;  (ii) The signs that an individual may be a victim of unlawful female genital mutilation; and  (iii) The criminal penalties for committing unlawful female genital mutilation.      
 (a) Healthcare practitioners of each county shall keep annual statistics and report to the Department of Health cases of unlawful female genital mutilation.  (b) The department shall thereafter compile an annual report of the incidents reported, which will be published with no personal identifying information.  
 This subchapter shall be known and may be cited as the Arkansas Farmers' Market Nutrition Program Act. 
 This subchapter is to establish the Arkansas Farmers' Market Nutrition Program as a state-supported and state-funded program eligible to receive additional support and funding from any federal, public, or private resource for the following purposes:   (1) To provide nutritionally at-risk individuals and families nutrition education and fresh, locally grown fruits, nuts, and vegetables; and  (2) To expand public awareness and stimulate individual use of farmers' markets to increase the purchase of locally grown foods, thereby reducing the negative environmental impact of food packaging and shipping while enhancing a beneficial economic and social climate in the community.  
 As used in this subchapter:   (1) ArFMNP means the Arkansas Farmers' Market Nutrition Program; and  (2) Coupon means a nontaxable nutrition supplement coupon issued and distributed by the program for redeeming locally grown foods as provided by this subchapter.  
 The Department of Health shall administer the Arkansas Farmers' Market Nutrition Program and shall establish the methods and procedures for selecting sites and issuing, distributing, and redeeming nontaxable nutrition supplement coupons pursuant to the following criteria:   (1) Coupons shall be distributed to optimize benefits to the greatest number of nutritionally at-risk individuals and families;  (2) Recipients shall receive coupons in an amount not less than ten dollars ($10.00) per year and not in excess of twenty dollars ($20.00) per year;  (3) Farmers' markets and farmers or vendors are targeted to optimize the economic benefits to small farmers; and  (4) The program operates in compliance with all federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Farmers' Market Nutrition Program criteria, including providing for administrative costs and assurances of civil rights and equal employment opportunity.  
 Nutrition education, including nutritional value, food preparation, storage, and safety, shall be provided for recipients by a collaborative effort between the Department of Health and the University of Arkansas Cooperative Extension Service. 
 (a) To qualify for redemption of the nutrition supplement coupons, all farmers or vendors shall be Arkansas producers or shall represent Arkansas producers trained by the University of Arkansas Cooperative Extension Service to participate in the Arkansas Farmers' Market Nutrition Program.  (b) All produce exchanged for nutrition supplement coupons shall be fresh and unprocessed fruits, vegetables, or nuts grown in Arkansas.  
 To the extent that funds are available, the Department of Health is authorized to enforce this subchapter and to promulgate necessary rules to implement this subchapter. 
 (a) There is hereby created the Family Treatment and Rehabilitation Program for Addicted Women and their Children within the University of Arkansas for Medical Sciences.  (b) The program shall:  (1) Develop a statewide program of treatment, rehabilitation, prevention, intervention, and relevant research for families affected by maternal addiction by coordinating existing health services, human services, and education and employment resources;  (2) Develop resources for local treatment and rehabilitation programs for families affected by maternal addiction by providing policy research, technical assistance, and evaluation of program outcomes;  (3) Identify gaps in service delivery to families affected by maternal addiction and propose solutions;  (4) Enter into contracts for the delivery of services under the program;  (5) Solicit, accept, retain, and administer gifts, grants, or donations of money, services, or property for the administration of the program; and  (6) Provide centralized billing for providers who agree to provide a comprehensive array of specialized coordinated services under or through the program.    (c) The program shall report quarterly to the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth.  
 This act shall be known and may be cited as the Family Savings Initiative Act. 
 The General Assembly hereby finds that:   (1) Americans of most economic classes are having increasing difficulty climbing the economic ladder. Fully half of all Americans have negligible or no investable assets just as the price of entry to the economic mainstream such as the cost of a house, starting a business, obtaining an adequate education, establishing a retirement account, or purchasing an automobile is increasing;  (2) Economic well-being does not come solely from income, spending, and consumption but also requires savings, investment, and accumulation of assets, since assets can improve economic stability, connect people to a viable and hopeful future, stimulate development of human and other capital, enable people to focus and specialize, yield personal and social dividends, and enhance the welfare of offspring;  (3) There is an urgent need for new means for Americans to navigate the labor market and to provide incentives and means for employment, upgrading, mobility, and retention;  (4) The household savings rate of the United States lags far behind other industrial nations, presenting a barrier to economic growth. The State of Arkansas should develop policies such as individual development accounts that promote higher rates of personal savings and net private domestic investment;  (5) In the current fiscal environment, the State of Arkansas should invest existing resources in high-yielding initiatives. There is reason to believe that the financial returns, including increased income, tax revenue, and decreased welfare cash assistance, of individual development accounts will far exceed the cost of investment;  (6) Hundreds of thousands of Arkansans continue to live in poverty. Poverty is a loss of human resources, an assault on human dignity, and a drain on social and fiscal resources of this state. Traditional public assistance programs concentrating on income and consumption have rarely been successful in promoting and supporting the transition to economic self-sufficiency; and  (7) Income-based social policy should be complemented with asset-based social policy because while income-based policies ensure that consumption needs, including food, child care, rent, clothing, and health care are met, asset-based policies provide the means to achieve economic self-sufficiency and to climb the economic ladder.  
 The purpose of this act is to provide for the establishment of individual development accounts designed to:   (1) Provide individuals and families with limited means an opportunity to accumulate assets;  (2) Facilitate and mobilize savings;  (3) Promote home ownership, microenterprise development, education, saving for retirement, and automobile purchase; and  (4) Stabilize families and build communities.  
 As used in this subchapter:   (1)  (A) Administrative costs includes, but is not limited to, soliciting matching funds, processing fees charged by the fiduciary organization or financial institution, and traditional overhead costs.  (B) Administrative costs shall be limited to no more than ten percent (10%) of the contract;    (2) Eligible educational institution means the following:  (A) An institution described in 20 U.S.C.  1088(a)(2) or  1141(a), as such sections are in effect on January 1, 2000;  (B) An area vocational education school, as defined in 20 U.S.C.  2471(4), subparagraph (C) or subparagraph (D), as the section is in effect on January 1, 2000; and  (C) Any other accredited education or training organization;    (3) Federal poverty level means the poverty income guidelines published for a calendar year by the United States Department of Health and Human Services;  (4) Fiduciary organization means the organization that will serve as an intermediary between an individual account holder and a financial institution holding account funds. A fiduciary organization shall be a not-for-profit organization described in  501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C.  501(c)(3), as in effect on January 1, 2000;  (5) Financial institution means an organization authorized to do business under state or federal laws relating to financial institutions and includes, but is not limited to, a bank, trust company, savings bank, building and loan association, savings and loan company or association, or credit union;  (6) Individual development account means an account created pursuant to this subchapter exclusively for the purpose of paying the expenses of an eligible individual or family for the purposes set forth in  20-86-107;  (7) Net worth means the aggregate market value of all assets that are owned in whole or in part by any member of the household, less the obligations or debts of any member of the household;  (8) Operating costs includes, but is not limited to, costs of training individual development account participants in economic and financial literacy and individual development account uses, marketing participation, counseling participants, and conducting required verification and compliance activities;  (9) Postsecondary educational expenses means:  (A) Tuition and fees required for the enrollment or attendance of an individual development account holder or immediate family member thereof who is a student at an eligible educational institution; and  (B) Fees, books, supplies, and equipment required for courses of instruction for an individual development account holder or immediate family member thereof who is a student at an eligible educational institution;    (10) Qualified acquisition costs means:  (A) The costs of acquiring, constructing, or reconstructing a residence to be occupied by an individual development account holder or an immediate family member thereof, including, but not limited to, any usual or reasonable settlement, financing, or other closing costs; and  (B) The costs of acquiring or repairing a motor vehicle to be used by an individual development account holder or an immediate family member thereof, including, but not limited to, any taxes, insurance, or registration costs incurred in acquiring a motor vehicle;    (11) Qualified business means any business that does not contravene any law or public policy;  (12) Qualified business capitalization expenses means qualified expenditures for the capitalization of a qualified business pursuant to a qualified plan;  (13) Qualified emergency withdrawals means a withdrawal by an eligible individual that is a withdrawal of only those funds or a portion of those funds deposited by the individual into the individual development account of the individual and that is permitted by a fiduciary organization on a case-by-case basis in accordance with the rules established by the department;  (14) Qualified expenditures means expenditures included in a qualified plan, including, but not limited to, capital, plant, equipment, working capital, and inventory expenses;  (15) Qualified first-time home buyer means an individual who has no ownership interest in a principal residence during the three-year period ending on the date of acquisition of the principal residence to which this subchapter applies;  (16) Qualified plan means a plan for the operation of a business by an individual development account holder or an immediate family member thereof that:  (A) Is approved by a financial institution or by a nonprofit microenterprise program or loan fund, having demonstrated business expertise;  (B) Includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and  (C) May require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor; and    (17) Qualified principal residence means a principal residence within the meaning of section 1034 of the Internal Revenue Code of 1986, 26 U.S.C.  1034, as in effect on January 1, 2000, of an individual development account holder or an immediate family member thereof, the qualified acquisition costs of which do not exceed the average area purchase price applicable to such residence, determined in accordance with paragraphs (2) and (3) of section 143(e) of the Internal Revenue Code, 26 U.S.C.  143(e)(2) and (3), as in effect on January 1, 2000.  
 (a)  (1) The Division of Workforce Services shall enter into contracts with one (1) or more fiduciary organizations pursuant to the provisions of this section in such a manner that different regions of the state are served by one (1) or more fiduciary organizations.  (2)  (A) An organization based in this state which desires to enter into such a contract shall submit a proposal to the division for the right to be approved as a fiduciary organization.  (B) Proposals shall be made upon forms prescribed by the division and shall contain such information as the division may require.      (b) Organizations' proposals shall be evaluated and contracts awarded by the division on the basis of such items as geographic diversity and an organization's:  (1) Ability to market the project to potential account holders;  (2) Ability to leverage additional matching and operating funds;  (3) Ability to provide safe and secure investments for individual accounts;  (4) Overall administrative capacity, including, but not limited to, the certifications or verifications required to assure compliance with eligibility requirements, authorized uses of the accounts, matching contributions by individuals or businesses, and penalties for unauthorized distributions;  (5) Capacity to provide financial counseling and other related service to potential participants;  (6) Capacity to provide other activities designed to increase the independence of individuals and families through home ownership, small business development, enhanced education and training, saving for retirement, and automobile purchase, or to provide links to such other activities; and  (7) Operating costs.    (c)  (1) For each contract entered into pursuant to the provisions of this section, the contract shall begin no later than October 1 of each year.  (2)  (A) The fiduciary organization shall use not less than seventy percent (70%) for matching funds and not more than thirty percent (30%) for operating and administrative costs.  (B) Administrative costs shall be limited to ten percent (10%) of the contract.      (d) Responsibilities of a fiduciary organization shall include, but not be limited to, marketing participation, soliciting matching contributions, counseling project participants, conducting basic economic and financial literacy training and individual development account use training for project participants, and conducting required verification and compliance activities.  (e) Neither a fiduciary organization nor an employee of or person associated with a fiduciary organization shall receive anything of value, other than compensation for services, for any act performed in connection with the establishment of an individual development account or in furtherance of the provisions of this subchapter.  
 (a)  (1) An individual who is a resident of this state may submit an application to open an individual development account to a fiduciary organization approved by the Division of Workforce Services pursuant to the provisions of  20-86-105.  (2) The fiduciary organization shall approve the application only if:  (A) The individual has gross household income from all sources for the calendar year preceding the year in which the application is made that does not exceed one hundred eighty-five percent (185%) of the federal poverty level; and  (B) The individual's household net worth at the time the individual development account is opened does not exceed ten thousand dollars ($10,000) disregarding the primary dwelling and one (1) motor vehicle owned by the household.      (b) An individual opening an individual development account shall be required to enter into an individual development account agreement with the fiduciary organization.  (c) The fiduciary organization shall be responsible for coordinating arrangements between the individual and a financial institution to open the individual's individual development account.  (d)  (1)  (A) Each fiduciary organization shall provide written notification to each of its eligible individual development account holders of the amount of matching funds provided by the fiduciary to which each such individual development account holder is entitled.  (B) Such notification shall be made at such intervals as the fiduciary organization deems appropriate but shall be required to be made at least one (1) time each calendar year.    (2) The amount of such matching funds for each individual development account holder shall be three dollars ($3.00) for each one dollar ($1.00) contributed to the individual development account by the individual development account holder during the preceding calendar year. The amount of such matching funds shall not exceed two thousand dollars ($2,000) per individual development account holder or four thousand dollars ($4,000) per household.  (3) If the amount of matching funds available is insufficient to disburse the maximum amounts specified in this subsection, amounts of disbursements shall be reduced proportionately based upon available funds.    (e) If an individual development account holder has gross household income from all sources for a calendar year which exceeds one hundred eighty-five percent (185%) of the federal poverty level, the individual development account holder shall not be eligible to receive funds pursuant to the provisions of subsection (d) of this section in the following year.  (f)  (1) In the event of an individual development account holder's death, the individual development account may be transferred to the ownership of a contingent beneficiary or beneficiaries. An individual development account holder shall name a contingent beneficiary or beneficiaries at the time that the individual development account is established and may change the beneficiary or beneficiaries at any time.  (2) If the named beneficiary or beneficiaries are deceased or cannot otherwise accept the transfer, the moneys shall be transferred to the fiduciary organization to redistribute as matching funds.    
 (a) Individual development accounts may be used for any of the following qualified purposes:  (1) Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time home buyer or the costs of major repairs or improvements to a qualified principal residence, if paid directly to the persons to whom the amounts are due;  (2) Amounts paid directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses consistent with a qualified plan;  (3) Postsecondary educational expenses paid directly to an eligible educational institution;  (4) Amounts paid directly to an individual retirement account or education individual retirement account established pursuant to federal law in the name of the individual development account holder or an immediate family member thereof;  (5) Qualified acquisition costs with respect to the purchase of an automobile or costs of repair of an automobile, if paid directly to a licensed automobile dealer or repair shop. Such a purpose cannot be the sole purpose of the individual development account. Participants must also save for another approved purpose; and  (6) Qualified emergency withdrawals.    (b) However, Temporary Assistance for Needy Families matching funds shall only be used for the purposes set forth in subdivisions (a)(1)-(3) of this section.  
 (a)  (1) If the fiduciary organization receives evidence that moneys withdrawn from individual development accounts are withdrawn under false pretenses or are used for purposes other than for the approved purposes indicated at the time of the withdrawal, the fiduciary organization shall make arrangements with the financial institution to impose a penalty of loss of matches and may, at its discretion, close the individual development account.  (2) All penalties collected by fiduciary organizations shall remain with the fiduciary organization to distribute as matching funds to other eligible individuals.    (b) The fiduciary organization shall establish a grievance committee and a procedure to hear, review, and decide in writing any grievance made by an individual development account holder who disputes a decision of the fiduciary organization that a withdrawal is subject to penalty.  (c) Each fiduciary organization shall establish such procedures as are necessary, including prohibiting eligibility for further matching funds, to ensure compliance with this section.  
 (a)  (1) Any individual, business, organization, or other entity may contribute matching funds to a fiduciary organization.  (2) The funds shall be designated to the fiduciary organization to allocate to participants who meet the requirements in  20-86-106.    (b)  (1) A credit shall be allowed against the income tax liability imposed by the Income Tax Act of 1929,  26-51-101 et seq., for any Arkansas taxpayer who contributes to a fiduciary organization created pursuant to this subchapter in an amount equal to fifty percent (50%) of the amount of matching funds contributed to a fiduciary organization during the calendar year.  (2) The amount of the credit that may be used by a taxpayer for a taxable year shall not exceed the lesser of twenty-five thousand dollars ($25,000) or the amount of individual or corporate income tax otherwise due.    (c) Any unused credit may be carried over for a maximum of three (3) years up to a total tax credit allowed in the amount of twenty-five thousand dollars ($25,000).  (d)  (1)  (A) To claim the benefits of this section, a taxpayer must notify the fiduciary organization that the taxpayer intends to make a contribution and the amount of the contribution.  (B) The fiduciary organization shall then notify the Division of Workforce Services and request a certification from the division certifying the amount of the tax credit to which the taxpayer is entitled.  (C) The fiduciary organization shall deliver the certification to the taxpayer upon receipt of the contribution.    (2) A taxpayer must file the certificate with the taxpayer's income tax return for the first year in which the taxpayer claims a tax credit under this subchapter.    (e) The total amount of tax credits certified under this subchapter shall not exceed one hundred thousand dollars ($100,000) per calendar year.  (f) The Department of Finance and Administration shall promulgate any rules necessary to carry out the provisions of this section.  (g) The division may monitor the use of these funds by fiduciary organizations.  
 Funds deposited into an individual development account shall not be counted as income, assets, or resources of the individual in determining financial eligibility for assistance or services pursuant to any federal, federally assisted, state, or municipal program based on need. 
 Each fiduciary organization shall provide quarterly to the Division of Workforce Services the following information:   (1) The number of individuals making deposits into an individual development account;  (2) The amounts deposited into the individual development account;  (3) The amounts not yet allocated to individual development accounts;  (4) The amounts withdrawn from the individual development accounts and the purposes for which the amounts were withdrawn;  (5) The balances remaining in the individual development accounts;  (6) The service configurations such as peer support, structured planning exercises, mentoring, and case management that increased the rate and consistency of participation in the demonstration project and how such configurations varied among different populations or communities; and  (7) The number of grievances filed, the resolution of the grievances, and any penalties imposed.  
 The Division of Workforce Services shall be responsible for implementation of this subchapter and shall promulgate rules as necessary in accordance with the provisions of this subchapter. 
 (a) The Division of Workforce Services shall prepare a written report annually regarding the implementation of this act and shall make recommendations for improving the program.  (b) The report shall be transmitted to the General Assembly on or before August 1 of each year.