reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 31 - ARKANSAS ELECTRICAL CODE AUTHORITY ACT (§§ 20-31-101 — 20-31-105) › Section 20-31-104 - Statewide standards - Enforcement of chapter

(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.
Amended by Act 2019, No. 315,§ 2133, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5503, eff. 7/1/2019.
Acts 1991, No. 653, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 31 - ARKANSAS ELECTRICAL CODE AUTHORITY ACT (§§ 20-31-101 — 20-31-105) › Section 20-31-105 - Compliance required - Penalties

(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.
Acts 1991, No. 653, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-102 - On-site facility

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.
Acts 1992 (1st Ex. Sess.), No. 41, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-103 - Penalties

(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.
Acts 1992 (1st Ex. Sess.), No. 41, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-104 - Disposition of fees and fines

(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.
Amended by Act 2019, No. 315,§ 2134, eff. 7/24/2019.
Acts 1992 (1st Ex. Sess.), No. 41, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-105 - Authorization to stop vehicles suspected of transporting commercial medical waste

(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.
Amended by Act 2019, No. 315,§ 2136, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2135, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 62, eff. 8/1/2017.
Acts 1992 (1st Ex. Sess.), No. 41, § 8; 1993, No. 412, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-106 - Rules

(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.
Amended by Act 2019, No. 315,§ 2137, eff. 7/24/2019.
Acts 1992 (1st Ex. Sess.), No. 41, §§ 2, 7; 1993, No. 491, § 3; 1993, No. 861, § 3; 1997, No. 179, § 30.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-107 - License to transport, treat, or dispose

(a)
No person may transport, treat, or dispose of commercial medical waste without first obtaining an operating license from the Department of Health.
(b)
The treater or disposer, or transporter shall submit an application for an operating license and an application fee of two hundred fifty dollars ($250).
(c)
Upon issuance of the operating license, the treater or disposer, or transporter shall pay a license fee of no more than five dollars ($5.00) per ton.
(d)
The department shall issue operating licenses for a period of one (1) year.
(e)
(1)
If the treater or disposer, or transporter has a history of noncompliance with any law, rule, or regulation of this state or any other jurisdiction, particularly those laws, rules, or regulations pertaining to the environment and the protection of the health and safety of the public, the department may refuse to issue an operating license.
(2)
If a history of noncompliance is discovered after the operating license has been issued, the department may revoke the license.
Amended by Act 2019, No. 315,§ 2138, eff. 7/24/2019.
Acts 1992 (1st Ex. Sess.), No. 41, § 3; 1993, No. 491, § 4; 1993, No. 861, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-108 - Applications - Procedure generally

(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.
Acts 1993, No. 491, § 5; 1993, No. 861, § 5; 1999, No. 150, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-109 - Location requirements

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.
Acts 1993, No. 491, § 5; 1993, No. 861, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-110 - Transportation requirements

(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.
Acts 1993, No. 491, § 5; 1993, No. 861, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-111 - Scope of authority

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.
Acts 1993, No. 491, § 5; 1993, No. 861, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 32 - DISPOSAL OF COMMERCIAL MEDICAL WASTE (§§ 20-32-101 — 20-32-112) › Section 20-32-112 - Violations - Penalties

(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.
Amended by Act 2019, No. 315,§ 2139, eff. 7/24/2019.
Acts 1993, No. 412, § 2; 2005, No. 1994, § 129.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 34 - INDEPENDENT INSPECTIONS OF MODULAR BUILDING FOR CODE COMPLIANCE (§ 20-34-101) › Section 20-34-101 - Inspections - Reports - Costs

(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.
Acts 2001, No. 1182, § 1; 2005, No. 885, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 35 - GENETIC RESEARCH STUDIES NONDISCLOSURE ACT (§§ 20-35-101 — 20-35-103) › Section 20-35-101 - Title

This chapter shall be known and may be cited as the "Genetic Research Studies Nondisclosure Act".
Acts 2001, No. 1251, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 35 - GENETIC RESEARCH STUDIES NONDISCLOSURE ACT (§§ 20-35-101 — 20-35-103) › Section 20-35-102 - Definition

As used in this chapter, "genetic research study or studies" means those genetic research studies approved by an institutional review board as defined in 21 C.F.R., Part 50, as it existed on January 1, 2001, or conducted subject to the requirements of the federal common rule at 21 C.F.R., Part 50 and Part 56, and 45 C.F.R., Part 46, as it existed on January 1, 2001.
Acts 2001, No. 1251, § 2; 2005, No. 1962, § 90.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 35 - GENETIC RESEARCH STUDIES NONDISCLOSURE ACT (§§ 20-35-101 — 20-35-103) › Section 20-35-103 - Nondisclosure

(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.
Acts 2001, No. 1251, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 36 - ARKANSAS BIOLOGICAL AGENT REGISTRY ACT (§§ 20-36-101 — 20-36-105) › Section 20-36-101 - Purpose

(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.
Acts 2003, No. 1080, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 36 - ARKANSAS BIOLOGICAL AGENT REGISTRY ACT (§§ 20-36-101 — 20-36-105) › Section 20-36-102 - Definitions

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.
Amended by Act 2019, No. 389,§ 52, eff. 7/24/2019.
Acts 2003, No. 1080, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 36 - ARKANSAS BIOLOGICAL AGENT REGISTRY ACT (§§ 20-36-101 — 20-36-105) › Section 20-36-103 - Duties

(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.
Acts 2003, No. 1080, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 36 - ARKANSAS BIOLOGICAL AGENT REGISTRY ACT (§§ 20-36-101 — 20-36-105) › Section 20-36-104 - Penalty

(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.
Acts 2003, No. 1080, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 36 - ARKANSAS BIOLOGICAL AGENT REGISTRY ACT (§§ 20-36-101 — 20-36-105) › Section 20-36-105 - Funding

(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.
Acts 2003, No. 1080, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 37 - [Repealed] (§§ 20-37-101 — 20-37-105) › Section 20-37-101 - [Repealed]

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015.
Acts 2003, No. 1816, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 37 - [Repealed] (§§ 20-37-101 — 20-37-105) › Section 20-37-102 - [Repealed]

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015.
Acts 2003, No. 1816, § 1; 2003 (2nd Ex. Sess.), No. 51, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 37 - [Repealed] (§§ 20-37-101 — 20-37-105) › Section 20-37-103 - [Repealed]

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015.
Acts 2003, No. 1816, § 1; 2003 (2nd Ex. Sess.), No. 51, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 37 - [Repealed] (§§ 20-37-101 — 20-37-105) › Section 20-37-104 - [Repealed]

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015.
Acts 2003, No. 1816, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 37 - [Repealed] (§§ 20-37-101 — 20-37-105) › Section 20-37-105 - [Repealed]

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015.
Acts 2003, No. 1816, § 1; 2005, No. 2261, § 1; 2007, No. 456, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 38 - CRIMINAL BACKGROUND CHECKS (§§ 20-38-101 — 20-38-113) › Section 20-38-102 - Criminal history records checks - Operators

(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 Division 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 or the Department of Education 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.
Amended by Act 2023, No. 237,§ 64, eff. 7/1/2023.
Amended by Act 2015, No. 861,§ 5, eff. 3/31/2015.
Acts 2009, No. 762, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 38 - CRIMINAL BACKGROUND CHECKS (§§ 20-38-101 — 20-38-113) › Section 20-38-104 - Request for criminal history records checks - Requirement

(a)
A request for a state criminal history records check on a person shall include a completed statement that:
(1)
Contains the name, address, and date of birth appearing on a valid identification document issued by a government entity to the person who is the subject of the state criminal history records check;
(2)
Indicates whether the person has been found guilty of or pleaded guilty or nolo contendere to a crime and, if so, includes a description of the crime and the particulars of the finding of guilt or the plea;
(3)
Notifies the person that a service provider may conduct national criminal history records checks, state criminal history records checks, and registry records checks on the person;
(4)
Provides the consent of the person who is the subject of the state criminal history records check to disclosure of checks, reports, and determinations under this subchapter;
(5)
Informs the person how to object to the content of reports; and
(6)
(A)
Contains the signature of the person who is the subject of the state criminal history records check.
(B)
Under §
25-32-107(d)
, the subject of the background check may submit an electronic signature to complete the state criminal history records check.
(b)
(1)
A request for a national criminal history records check on a person shall conform to applicable federal standards and shall include a complete set of fingerprints.
(2)
The Identification Bureau of the Division of Arkansas State Police may maintain fingerprints submitted for a national criminal history records check in an automated fingerprint identification system.
Amended by Act 2023, No. 186,§ 2, eff. 3/2/2023.
Acts 2009, No. 762, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 38 - CRIMINAL BACKGROUND CHECKS (§§ 20-38-101 — 20-38-113) › Section 20-38-106 - Evidence of criminal history records checks

(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.
Amended by Act 2019, No. 318,§ 9, eff. 7/24/2019.
Amended by Act 2013, No. 990,§ 3, eff. 4/8/2013.
Acts 2009, No. 762, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 38 - CRIMINAL BACKGROUND CHECKS (§§ 20-38-101 — 20-38-113) › Section 20-38-107 - Remedies for failure to comply

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.
Acts 2009, No. 762, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 38 - CRIMINAL BACKGROUND CHECKS (§§ 20-38-101 — 20-38-113) › Section 20-38-108 - Duties of Identification Bureau of the Department of Arkansas State Police

(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.
Acts 2009, No. 762, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 38 - CRIMINAL BACKGROUND CHECKS (§§ 20-38-101 — 20-38-113) › Section 20-38-109 - Regulations

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.
Acts 2009, No. 762, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 38 - CRIMINAL BACKGROUND CHECKS (§§ 20-38-101 — 20-38-113) › Section 20-38-110 - Confidentiality

(a)
All reports obtained under this subchapter are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, and the licensing or certifying agency.
(b)
The information contained in reports shall not be released or otherwise disclosed to any other person or agency except by court order and is specifically exempt from disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq., except to the licensing or certifying agency.
Amended by Act 2015, No. 861,§ 7, eff. 3/31/2015.
Acts 2009, No. 762, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 38 - CRIMINAL BACKGROUND CHECKS (§§ 20-38-101 — 20-38-113) › Section 20-38-111 - Immunity

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.
Acts 2009, No. 762, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 38 - CRIMINAL BACKGROUND CHECKS (§§ 20-38-101 — 20-38-113) › Section 20-38-113 - Automated abuse registry checks

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.
Amended by Act 2019, No. 389,§ 53, eff. 7/24/2019.
Added by Act 2013, No. 748,§ 1, eff. 7/1/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 45 - GENERAL PROVISIONS (§§ 20-45-101 — 20-45-303) › Subchapter 1 - COUNTY REPRESENTATION ON CERTAIN BOARDS (§§ 20-45-101 — 20-45-102) › Section 20-45-101 - County representation on certain boards required

(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.
Acts 1971, No. 93, § 1; A.S.A. 1947, § 59-1201.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 45 - GENERAL PROVISIONS (§§ 20-45-101 — 20-45-303) › Subchapter 1 - COUNTY REPRESENTATION ON CERTAIN BOARDS (§§ 20-45-101 — 20-45-102) › Section 20-45-102 - County representation on certain boards - Failure to provide

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
.
Acts 1971, No. 93, § 2; A.S.A. 1947, § 59-1202.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 45 - GENERAL PROVISIONS (§§ 20-45-101 — 20-45-303) › Subchapter 2 - MENTAL HEALTH SERVICES PROVIDER DUTY TO WARN (§§ 20-45-201 — 20-45-202) › Section 20-45-201 - Definitions

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.
Added by Act 2013, No. 1212,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 45 - GENERAL PROVISIONS (§§ 20-45-101 — 20-45-303) › Subchapter 3 - ARKANSAS SUICIDE PREVENTION COUNCIL (§§ 20-45-301 — 20-45-303) › Section 20-45-301 - Findings and intent

(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.
Added by Act 2015, No. 1067,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 45 - GENERAL PROVISIONS (§§ 20-45-101 — 20-45-303) › Subchapter 3 - ARKANSAS SUICIDE PREVENTION COUNCIL (§§ 20-45-301 — 20-45-303) › Section 20-45-302 - [Repealed]

Amended by Act 2023, No. 786,§ 38, eff. 4/12/2023.
Repealed by Act 2023, No. 365,§ 62, eff. 7/1/2023.
Amended by Act 2019, No. 1091,§ 5, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2294, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2293, eff. 7/1/2019.
Amended by Act 2017, No. 913,§ 60, eff. 8/1/2017.
Added by Act 2015, No. 1067,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 45 - GENERAL PROVISIONS (§§ 20-45-101 — 20-45-303) › Subchapter 3 - ARKANSAS SUICIDE PREVENTION COUNCIL (§§ 20-45-301 — 20-45-303) › Section 20-45-303 - Suicide Prevention Hotline

(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.
(3)
The department shall ensure that the Suicide Prevention Hotline employs individuals who have experience working with veterans or are veterans.
(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.
Amended by Act 2021, No. 640,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 811,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-46-101 — 20-46-107) › Section 20-46-101 - Implementation

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.
Acts 1971, No. 433, ch. 2, § 7; A.S.A. 1947, § 59-307.