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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-311 - Applicability - Death - Life insurance

(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.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-312 - Copy of physician order for life-sustaining treatment form

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.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-401 - Title

This subchapter shall be known and may be cited as the "No Patient Left Alone Act".
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-402 - Legislative findings

The General Assembly finds that:
(1)
The coronavirus 2019 (COVID-19) pandemic has caused great uncertainty and anxiety across the state and has significantly affected the medical community, including hospitals;
(2)
Healthcare facilities have made many efforts to maintain a safe environment for patients and employees and have worked to minimize, to the extent possible, the risk of spread of coronavirus 2019 (COVID-19);
(3)
There have been unintended consequences of these preventative measures for patients who have not been diagnosed with coronavirus 2019 (COVID-19);
(4)
Across the state, patients who have not been diagnosed with coronavirus 2019 (COVID-19) have been prohibited from having any visitors;
(5)
As a result, many patients who were not diagnosed with coronavirus 2019 (COVID-19) have been required to be alone during their treatment for serious conditions, traumas, illnesses, and routine and emergency surgeries;
(6)
Some of these patients have been required to be alone for the entire course of their treatment and in some cases have died alone;
(7)
Many families have been unable to be physically present with their loved ones who are being treated in a healthcare facility and have been limited to electronic video communications, if any, with their loved ones; and
(8)
It is in the interest of the state and its citizens that a patient be allowed at least one (1) support person who is permitted to be physically present with the patient on a daily basis at reasonable times throughout his or her hospitalization, visit to the office of a healthcare professional, or institutionalization.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-403 - Definitions

As used in this subchapter:
(1)
(A)
"Compassionate care visitation" means a visit with a friend or family member that is necessary to meet the physical or mental needs of a resident when a resident is exhibiting signs of physical or mental distress, including without limitation:
(i)
End-of-life situations;
(ii)
Adjustment support after moving to a new facility or environment;
(iii)
Emotional support after the loss of a friend or family member;
(iv)
Physical support after eating or drinking issues, including weight loss or dehydration; or
(v)
Social support after frequent crying, distress, or depression.
(B)
"Compassionate care visitation" includes without limitation:
(i)
Clergy members;
(ii)
Lay persons offering religious or spiritual support;
(iii)
Other persons requested by the resident for the purpose of a compassionate care visit; and
(iv)
A person providing a service requested by the resident such as a hair dresser or barber;
(2)
"Healthcare facility" means a hospital, an office of a healthcare professional, a long-term care facility, or a hospice facility;
(3)
"Healthcare professional" 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;
(4)
"Long-term care facility" means:
(A)
A nursing home;
(B)
A residential care facility;
(C)
A post-acute head injury retraining and residential facility;
(D)
An intermediate care facility for individuals with developmental disabilities;
(E)
An assisted living facility; or
(F)
A facility that provides long-term medical or personal care;
(5)
"Other individuals given access" means persons other than patients and residents of a healthcare facility;
(6)
"Patient with a disability" means a patient who needs assistance to effectively communicate with hospital staff, make healthcare decisions, or engage in activities of daily living due to a disability such as:
(A)
A physical, intellectual, behavioral, or cognitive disability;
(B)
Deafness, being hard of hearing, or other communication barriers;
(C)
Blindness;
(D)
Autism spectrum disorder; or
(E)
Dementia; and
(7)
"Support person" means an individual other than a spouse or legal guardian who is designated by the patient to advocate or provide support for the patient.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-404 - Visitation and support for patient with disability

(a)
Upon the request of a patient with a disability, a hospital, office of a healthcare professional, or hospice facility licensed in this state shall allow a patient with a disability to designate at least three (3) support persons and shall allow at least one (1) support person to be present with the patient with a disability at all times in the emergency department and during the stay of a patient with a disability in the hospital, office of a healthcare professional, or hospice facility if necessary to facilitate the care of the patient with a disability, including without limitation when the patient with a disability:
(1)
Has a cognitive or mental health disability that affects the ability of a patient with a disability to make medical decisions or understand medical advice;
(2)
Needs assistance with activities of daily living and the staff are unable to provide or are less effective at providing the assistance;
(3)
Is deaf, hard of hearing, or has other communication barriers and requires the assistance of a support person to ensure effective communication with staff;
(4)
Has behavioral health needs that the support person can address more effectively than the staff; or
(5)
Is making a decision to consent to treatment or refuse treatment.
(b)
A healthcare professional or healthcare facility shall not discriminate against a patient with a disability by requiring the patient with a disability to:
(1)
Execute an advance directive or a physician order for life-sustaining treatment as a condition of receiving treatment or visitation; or
(2)
Agree to a do-not-resuscitate or similar order as a condition of receiving treatment or visitation.
(c)
This section does not affect any obligation of a healthcare professional or healthcare facility to:
(1)
Provide patients with effective communication supports or other reasonable accommodations in accordance with federal and state laws; or
(2)
Make exceptions to the visitor policy of a healthcare facility as a reasonable accommodation under the Americans with Disabilities Act of 1990,
42 U.S.C. § 12101
et seq., as existing on January 1, 2021.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-405 - Hospital or office of healthcare professional visitation

(a)
(1)
A child has the right to have a parent, legal guardian, or person standing in loco parentis physically present with the child while the child receives care in a hospital or an office of a healthcare professional.
(2)
An adult patient has the right to have a spouse, support person, or legal guardian physically present with the adult patient while the adult receives care in a hospital or an office of a healthcare professional.
(3)
A person with a right to be physically present under subdivisions (a)(1) and (2) of this section may leave and return to the hospital or office of a healthcare professional that is caring for the patient.
(b)
A hospital or an office of a healthcare professional shall not:
(1)
Require a patient to waive the rights specified in subdivisions (a)(1) and (2) of this section;
(2)
Prevent a parent, legal guardian, or person standing in loco parentis of a child receiving care in a hospital or an office of a healthcare professional from having daily physical access to the child at reasonable times; or
(3)
Separate the parent, legal guardian, or person standing in loco parentis of a child receiving care in a hospital or an office of a healthcare professional from the child except in cases of suspected abuse or threats of violence or to prevent disruption to the care of the child.
(c)
A hospital or an office of a healthcare professional may restrict access of any person to a patient:
(1)
At the request of the patient or a law enforcement agency;
(2)
Due to a court order;
(3)
To prevent disruption to the care of the patient;
(4)
(A)
If the person has signs and symptoms of a transmissible infection.
(B)
However, the hospital or office of a healthcare professional shall allow access through telephone, telecommunication means, or other means that ensure the protection of the patient.
(C)
The person shall follow respiratory hygiene and cough etiquette as well as other infection prevention and control practices such as appropriate hand hygiene;
(5)
If the person is determined to be a danger to the patient or to be contrary to the welfare of the patient; or
(6)
According to visitation policies established under §
20-6-411
.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-406 - Hospice facility visitation

A patient who is receiving hospice care or the guardian, spouse, or support person of a patient who is receiving hospice care may designate additional family members and friends who may be physically present with the patient at reasonable times.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-408 - Clergy member or lay person offering religious or spiritual support visitation

(a)
A clergy member or lay person offering religious or spiritual support may be physically present with a patient to pray with or offer spiritual support for the patient while the patient receives care in a healthcare facility.
(b)
If a healthcare facility has a visitation policy that allows in-person visitation of any kind, the healthcare facility shall allow a clergy member to visit a patient who requests a visit in person or consents to be visited in person for religious purposes by a clergy member, including during a state of emergency.
(c)
Notwithstanding any other provision of this chapter, when a patient's death is imminent, the healthcare facility shall allow a clergy member to visit a patient in person for religious purposes if:
(1)
The patient requests or consents to be visited by the clergy member; or
(2)
The patient's healthcare agent or support person requests that the patient be visited by the clergy member.
(d)
(1)
The healthcare facility may require the clergy member to comply with reasonable health and safety precautions, including reasonable health screenings and wearing personal protective equipment, imposed by the healthcare facility in connection with in-person visitation for the prevention of spreading communicable diseases unless the precaution substantially burdens the ability of the clergy member to freely exercise his or her religion.
(2)
If the requirements substantially burden the ability of the clergy member, the healthcare facility may require compliance with the precautions only if compliance in that instance furthers a compelling government interest and imposes the least restrictive burden on the clergy member's exercise of religion.
(3)
Notwithstanding any other provision in this chapter, a healthcare facility may restrict visits of a clergy member who fails a reasonable health screening measure or tests positive for a communicable disease.
(e)
(1)
(A)
The protection afforded by this section is in addition to the protections provided under federal law, state law, and the Arkansas Constitution and the United States Constitution.
(B)
This section does not:
(i)
Preempt or repeal any state or local law that is equally or more protective of clergy member visitation rights; or
(ii)
Narrow the meaning or application of any state or local law protecting clergy member visitation.
(2)
(A)
This section applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether adopted before or after August 1, 2023.
(B)
State laws enacted after August 1, 2023 are subject to this section unless the law explicitly excludes application by reference to this section.
Amended by Act 2023, No. 716,§ 1, eff. 8/1/2023.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-409 - Informational materials

(a)
(1)
Within thirty (30) days of March 10, 2021, the Department of Health and the Department of Human Services shall develop informational materials regarding this subchapter.
(2)
The Department of Health and the Department of Human Services shall present informational materials regarding this subchapter to the:
(A)
Senate Committee on Public Health, Welfare, and Labor;
(B)
House Committee on Public Health, Welfare, and Labor; and
(C)
House Committee on Aging, Children and Youth, Legislative and Military Affairs.
(b)
A healthcare facility shall make the informational materials regarding this subchapter accessible:
(1)
Upon admission or registration; and
(2)
On the website of the healthcare facility.
(c)
Every sixty (60) days or upon the release of relevant federal guidelines, the Department of Health, with input from the long-term care industry and the hospital industry, shall reevaluate and update the directives where needed to allow for the maximum visitation possible under federal guidelines.
(d)
Information and directives produced by this state that provide guidance about visitation shall take into consideration and include the highest amount possible of privacy and dignity for interaction between patients and visitors.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-410 - Complaints

(a)
An individual may file a complaint against a healthcare professional or healthcare facility for failing to comply with this subchapter with the appropriate state agency or licensing board, including the Department of Health and the Department of Human Services.
(b)
The appropriate state agency or licensing board shall investigate the complaint.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-411 - Visitation limits or restrictions

A healthcare facility may establish visitation policies that limit or restrict visitation when:
(1)
The presence of visitors would be medically or therapeutically contraindicated;
(2)
The presence of visitors would interfere with the care of or rights of any patient;
(3)
Visitors are engaging in disruptive, threatening, or violent behavior toward any staff member, patient, or other visitor; or
(4)
Visitors are noncompliant with healthcare facility policy.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-412 - Liability of healthcare facilities

(a)
Unless expressly required by federal law or regulation, a state survey agency or other state agency shall not take any action against a healthcare facility for:
(1)
Giving a visitor or other individual access to a healthcare facility, clinic, or other similar location under this subchapter;
(2)
Failing to protect or otherwise ensure the safety or comfort of a visitor or other individual given access to a healthcare facility, clinic, or other similar location under this subchapter;
(3)
Failing to follow the Centers for Disease Control and Prevention or other national guidelines that require or recommend restricting visitor access; or
(4)
The acts or omissions of any visitor or other individual who is given access to a healthcare facility, clinic, or similar location.
(b)
This section does not apply to courts or the judicial branch.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 4 - NO PATIENT LEFT ALONE ACT (§§ 20-6-401 — 20-6-413) › Section 20-6-413 - Construction

(a)
This subchapter does not apply to:
(1)
The Arkansas State Hospital;
(2)
A minor who is:
(A)
In the custody of the Division of Children and Family Services; or
(B)
A suspected victim in a pending maltreatment investigation;
(3)
An individual who is in the custody of the Department of Corrections; or
(4)
An individual who is attending a preventive healthcare office visit during which evidence-based guidelines for preventive care recommend a confidential visit component for youth, as mutually agreed to by the patient and his or her physician.
(b)
This subchapter does not:
(1)
Affect the rights of a legal guardian or holder of a power of attorney; or
(2)
Waive or change the long-term care facility residents' rights under §
20-10-1204
.
(c)
The requirements under this subchapter shall be established as a minimum for visitation in a healthcare facility but do not limit visitation at a healthcare facility to only visitation outlined in this subchapter.
(d)
The rights specified in this subchapter shall not be terminated, suspended, or waived by:
(1)
A healthcare facility;
(2)
The Department of Health;
(3)
The State Board of Health;
(4)
The Department of Human Services; or
(5)
The Governor upon declaring a disaster emergency under the Arkansas Emergency Services Act of 1973, §
12-75-101
et seq., or ordering the board to take action under §
20-7-110
, or both.
Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-103 - Members - Officers

(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 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.
Amended by Act 2019, No. 910,§ 4924, eff. 7/1/2019.
Amended by Act 2013, No. 435,§ 1, eff. 8/16/2013.
Acts 1913, No. 96, § 2; C. & M. Dig., § 5126; Acts 1929, No. 109, § 1; Pope's Dig., § 6389; Acts 1949, No. 302, § 2; 1959, No. 186, § 2; 1979, No. 198, § 1; A.S.A. 1947, § 82-103; Acts 2005, No. 1954, § 5; 2007, No. 384, § 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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-104 - Members - Compensation

All appointed members of the State Board of Health may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Acts 1913, No. 96, § 27; C. & M. Dig., § 5142; Pope's Dig., § 6413; Acts 1955, No. 82, § 1; 1975, No. 383, § 1; A.S.A. 1947, § 82-105; Acts 1997, No. 250, § 178; 2005, No. 1954, § 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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-105 - Proceedings

(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.
Acts 1913, No. 96, §§ 3, 4; C. & M. Dig., §§ 5127, 5128; Acts 1929, No. 109, § 2; Pope's Dig., §§ 6390, 6399; A.S.A. 1947, §§ 82-107, 82-108; Acts 2005, No. 1954, § 5; 2007, No. 384, § 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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-106 - Office

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.
Amended by Act 2019, No. 910,§ 4925, eff. 7/1/2019.
Acts 1913, No. 96, § 24; C. & M. Dig., § 5139; Pope's Dig., § 6410; A.S.A. 1947, § 82-102; Acts 2005, No. 1954, § 5; 2007, No. 384, § 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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-107 - Appointment of assistant director

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.
Amended by Act 2019, No. 910,§ 4926, eff. 7/1/2019.
Acts 1953, No. 282, § 1; 1979, No. 797, § 1; A.S.A. 1947, § 82-104.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-108 - Engagement of certain personnel

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.
Amended by Act 2019, No. 910,§ 4927, eff. 7/1/2019.
Acts 1881, No. 85, § 10, p. 177; C. & M. Dig., § 5132; Pope's Dig., § 6403; A.S.A. 1947, § 82-114.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-109 - Authority to regulate public health - Exceptions

(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:
(1)
Regulate the practice of medicine or healing nor interfere with the right of any citizen to employ the practitioner of his or her choice; or
(2)
Require, through enforcement or application, or both, of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency a firm, person, or corporation to regulate the behavior of patrons or customers of the firm, person, or corporation during the coronavirus 2019 (COVID-19) public health emergency.
Amended by Act 2021, No. 401,§ 2, eff. 3/18/2021.
Amended by Act 2019, No. 315,§ 1803, eff. 7/24/2019.
Acts 1913, No. 96, § 6; C. & M. Dig., § 5130; Pope's Dig., § 6401; A.S.A. 1947, § 82-110; Acts 1991, No. 990, §§ 3, 5; 1997, No. 179, § 20.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-111 - Administration of certain federal acts

(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.
Amended by Act 2019, No. 910,§ 4928, eff. 7/1/2019.
Acts 1931, No. 235, §§ 3-6, 10, 11; Pope's Dig., §§ 6392-6395, 6397, 6398; A.S.A. 1947, §§ 82-123 -- 82-128; Acts 2005, No. 1994, § 103.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-112 - Inspections

(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.
Acts 1881, No. 85, § 10, p. 177; C. & M. Dig., § 5132; Pope's Dig., § 6403; A.S.A. 1947, § 82-114.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-113 - Nuisances

(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.
Acts 1881, No. 85, §§ 8, 9, p. 177; C. & M. Dig., §§ 5133, 5134; Pope's Dig., §§ 6404, 6405; A.S.A. 1947, §§ 82-112, 82-113.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-114 - Public health laboratory

(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.
Amended by Act 2019, No. 315,§ 1805, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4929, eff. 7/1/2019.
Amended by Act 2013, No. 564,§ 2, eff. 8/16/2013.
Acts 1913, No. 96, § 21; C. & M. Dig., § 5136; Pope's Dig., § 6407; A.S.A. 1947, § 82-118; Acts 1987, No. 146, § 1; 1991, No. 990, §§ 4, 5; 1993, No. 485, § 1; 1997, No. 179, § 21.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-115 - Transportation of dead bodies

(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 that 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.
Amended by Act 2019, No. 315,§ 1806, eff. 7/24/2019.
Acts 1881, No. 85, § 7, p. 177; C. & M. Dig., § 5131; Pope's Dig., § 6402; A.S.A. 1947, § 82-111.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-118 - Annual conference for health officers

(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.
Acts 1913, No. 96, § 31; C. & M. Dig., § 5145; Pope's Dig., § 6416; A.S.A. 1947, § 82-120.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-119 - Identification tags and bracelets

(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.
Acts 1965, No. 433, §§ 1, 2; A.S.A. 1947, §§ 82-131, 82-132.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-120 - No right to enter home or take charge of children

(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.
Acts 1923, No. 92, § 5; Pope's Dig., § 6453; A.S.A. 1947, § 82-129.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-121 - Annual report

(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.
Amended by Act 2019, No. 910,§ 4931, eff. 7/1/2019.
Acts 1913, No. 96, § 29; C. & M. Dig., § 5143; Pope's Dig., § 6414; A.S.A. 1947, § 82-122.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-122 - Reports for general distribution

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.
Acts 1913, No. 96, § 23; C. & M. Dig., § 5138; Pope's Dig., § 6409; A.S.A. 1947, § 82-119.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-124 - Disposition of certain fees

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.
Acts 1977, No. 889, § 36.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-125 - Payment of certain salaries and expenses

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.
Acts 1913, No. 96, § 30; C. & M. Dig., § 5144; Pope's Dig., § 6415; A.S.A. 1947, § 82-106.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-126 - Payment of overtime for home health employees

(a)
The Department of Health may make overtime payments to employees engaged in the performance of home health activities.
(b)
The payments are to be in addition to compensation otherwise due the employees at the same rate currently paid to the employees for regular time, but on an hourly basis.
Acts 1989 (1st Ex. Sess.), No. 991, § 33.
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 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-127 - [Repealed]

Repealed by Act 2017, No. 206,§ 1, eff. 8/1/2017.
Acts 1987, No. 677, §§ 1-3; 1993, No. 350, §§ 4, 5.