reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-109 - County or district health departments - Powers and duties

(a)
Each county and district health department shall have and exercise, in addition to all other powers and duties imposed upon it by law, the following powers and duties:
(1)
To administer and enforce the laws pertaining to public health and vital statistics and the orders, rules, and standards promulgated by the State Board of Health;
(2)
To investigate and control the cause of epidemic and communicable disease affecting the public health;
(3)
To establish, maintain, and enforce isolation and quarantine, and, in pursuance thereof and for this purpose only, to exercise such physical control over property and over the persons of the people within the jurisdiction of the department as the department may find necessary for the protection of the public health;
(4)
To make any necessary sanitary and health investigations and inspections on its own initiative or in cooperation with the Department of Health as to any matters affecting public health, within the jurisdiction and control of the department;
(5)
To cooperate with the Department of Health and the State Board of Health in all matters pertaining to public health;
(6)
To initiate and carry out health programs, not inconsistent with law, that may be deemed necessary or desirable for the protection of the public health and the control of disease.
(b)
A representative of the county health department may visit any or all schools in a school district when requested to do so by the superintendent of schools or other appropriate official of the district for the purpose of checking for and assisting with medical problems of students at the school.
Amended by Act 2019, No. 315,§ 1034, eff. 7/24/2019.
Acts 1949, No. 186, § 7; 1979, No. 601, § 1; A.S.A. 1947, §§ 82-220, 82-220.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-110 - County or district health departments - Dissolution

(a)
Any county or district health department may be dissolved by a referendum initiated by petition or submitted by vote as prescribed in §
14-262-106
.
(b)
The proposition shall be stated "FOR the discontinuance of the county (or district) health department" and "AGAINST the discontinuance of the county (or district) health department."
Acts 1949, No. 186, § 9; A.S.A. 1947, § 82-222.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-111 - County or district health departments - Joining or withdrawing

(a)
(1)
Any county adjacent to a district maintaining a district health department may, with the approval of the State Board of Health, become a part of the district by either of the following two (2) methods:
(A)
By agreement between the county courts of the counties comprising the district;
(B)
By a petition signed by one hundred (100) or more of the qualified electors of the county presented to the county court of the county. The court shall thereupon, by an order, direct the clerk of the county to certify to the county board of election commissioners the proposition to be submitted to the electors of the county at the next general election, and, in the event that a majority vote in favor of the proposition, the county shall thereupon be added to the district.
(2)
Upon being accepted into a district, a county shall thereupon become subject to all of the provisions of this act as though it were originally a part of the district.
(b)
Any municipal corporation which has voluntarily merged its health department with a county or district health department, under the authority of §
14-262-107
, may withdraw from the county or district health department by resolution of its city council, board of trustees, or other governing body; however, no municipal corporation may withdraw from a department within the two-year period following the municipal corporation's becoming a part of the department, and then only after ninety (90) days' written notice given to the department.
(c)
Any county which has become a part of a district health department may withdraw from the district health department pursuant to the following procedure: Upon a petition of one hundred (100) or more qualified electors, the county court shall, by an order, direct the county clerk to certify to the county board of election commissioners the question of withdrawal, which shall be submitted to the electors of the county at the next general election; in the event the vote is favorable to the withdrawal, the county court shall thereupon formally withdraw the county from the district health department, but only after ninety (90) days' written notice is given to the district health department, and the withdrawal may not be less than two (2) years after the entry of the county into the district health department.
Acts 1949, No. 186, § 10; A.S.A. 1947, § 82-223.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-112 - Public health officers - Powers and duties

In addition to the other powers and duties conferred and imposed upon a public health officer in this act, the officer, in person or through the other officers and employees of the department, shall have and exercise the following powers and duties:
(1)
To administer and enforce the public health laws of the State of Arkansas; the orders, rules, and standards of the State Board of Health; and the orders, rules, and regulations of the county or district board of health;
(2)
To exercise all powers and duties conferred and imposed upon county or district health departments not expressly delegated to county or district boards of health by the provisions of this act;
(3)
To act as the local registrar of vital statistics for the area over which his or her county or district health department has jurisdiction, as follows:
(A)
In county health departments, he or she shall collect fees for this service that shall be credited to the department fund and used in the administration of the department;
(B)
In district health departments, the health officer shall appoint a deputy registrar in each county who shall be a full-time employee of the department, and the fees collected for this service shall be credited to the department and used in the administration of the department;
(4)
To be custodian of all property and records of the department;
(5)
To submit to the State Board of Health an annual report of the administration of his or her department and such information as may be required, to maintain such records as may be prescribed by the State Board of Health, and to provide such reports as may be requested, including the provision of an annual report.
Amended by Act 2019, No. 315,§ 1035, eff. 7/24/2019.
Acts 1949, No. 186, § 8; A.S.A. 1947, § 82-221.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-113 - County or district boards of health - Appointment

(a)
Within thirty (30) days after the entry of an order by the county court to establish and maintain a county or district health department, the county court or courts, as the case may be, shall proceed to organize the department by the appointment of a county or district board of health.
(b)
(1)
Every county board of health shall consist of five (5) members, at least one (1) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education and Hospitals, or its successor, of the American Medical Association, to be appointed by the county judge for five-year terms, except that the members first appointed shall be so designated so that one shall serve for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years, from January 1 of the year appointed. Thereafter, full term appointments shall be for five (5) years.
(2)
All members shall be residents of the county.
(3)
Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board.
(4)
Any vacancy on the board shall be filled by the county judge in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term.
(c)
(1)
Every district board of health shall consist of two (2) members for each county who shall reside in the county from which they are appointed, one (1) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education and Hospitals, or its successor, of the American Medical Association, to be appointed by the county judge of the county in which they reside, together with one (1) additional member to be chosen from the district by the members so appointed; however, the additional member shall not be a member of the medical profession.
(2)
The members of the board of health first appointed shall be designated by the county judge so that one member from each county shall serve for three (3) years and one member for five (5) years; thereafter, all full-term appointments shall be for five (5) years. The additional member to be chosen by the members so appointed shall serve five (5) years.
(3)
Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board.
(4)
Any vacancy on the board shall be filled by the county judge in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term.
Acts 1949, No. 186, § 2; A.S.A. 1947, § 82-215.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-114 - County or district boards of health - Meetings - Compensation

(a)
(1)
Each board shall, at its organizational meeting, elect from its members a president and such other officers as it shall determine.
(2)
The public health officer of the county or district health department, as provided in this act, may serve as secretary, in the discretion of the board, but he shall not be a member of the board.
(3)
All officers shall hold office at the pleasure of the board.
(b)
(1)
Regular meetings of the board shall be held not less than once every year, at such time as it may be fixed by resolution of the board.
(2)
Special meetings of the board may be called by the president, by the county or district public health officer, or by a majority of the members of the board, at any time with three (3) days' notice by mail or, in case of emergency, with twenty-four (24) hours' notice by telephone or telegraph.
(3)
The board may adopt, and at any time may amend, bylaws in relation to its meetings and the transaction of its business.
(4)
A majority shall constitute a quorum of the board.
(5)
Members shall serve without compensation, but shall be reimbursed by the county in which the member resides for the actual and legal expenses incurred in attending any called regular or special meeting of the board.
Acts 1949, No. 186, § 3; A.S.A. 1947, § 82-216.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-115 - County or district boards of health - Powers and duties

(a)
In addition to all other powers and duties conferred and imposed upon county and district boards of health by the provisions of this act, the boards shall have and exercise the following specific powers and duties:
(1)
To provide, equip, and maintain suitable offices and all necessary facilities for the proper administration and operation of the county or district health department;
(2)
To determine general policies to be followed by the public health officer in administering and enforcing the public health laws, rules, and regulations of the board and the orders, rules, and standards promulgated by the State Board of Health;
(3)
To act in an advisory capacity to the public health officer on all matters pertaining to public health;
(4)
To issue from time to time such orders and to adopt such rules and regulations, not inconsistent with the public health laws of this state nor with the orders and rules of the State Board of Health, as the board may deem necessary for the proper exercise of the powers and duties vested in or imposed upon a county or district health department or board of health by this act.
(b)
All statutes, rules, and regulations in force on February 28, 1949, which relate to matters concerning public health in municipalities coming under the jurisdiction of the county or district boards, as set forth in §
14-262-107
, shall remain in full force and shall be enforceable by the boards unless and until they are amended or repealed by proper authority or unless they are repugnant to the provisions of this act.
Amended by Act 2019, No. 315,§ 1037, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1036, eff. 7/24/2019.
Acts 1949, No. 186, § 5; A.S.A. 1947, § 82-218.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-117 - Legal action and adviser

The prosecuting attorney of the judicial circuits, his deputy, or the city attorney, the case as may be, shall, without fee or reward, advise and give legal assistance to the public health officer and the county, district, or city board of health and shall bring any civil or criminal action upon the request of the health officer, the county, district, or city board of health, or the State Board of Health on all questions relating to the enforcement of the provisions of this act.
Acts 1949, No. 186, § 12; A.S.A. 1947, § 82-225.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-118 - Employment status

Those employees of city and county health offices who are occupying state-authorized positions and are being paid by the Department of Health from either state or federal funds shall be deemed to be state employees under the full direction and supervision of the Department of Health.
Acts 1975 (Extended Sess., 1976), No. 1065, § 1; A.S.A. 1947, § 82-226; reen. Acts 1987, No. 864, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-119 - County Organization of State Aid Fund

(a)
(1)
In addition to any and all other appropriations made for the State Board of Health, there may be made an appropriation which shall be known as the "County Organization of State Aid Fund", which shall be expended exclusively for this purpose.
(2)
The fund shall be available to any county whenever the county shall make an appropriation of an adequate sum of money, to be approved by the Secretary of the Department of Health, necessary to do effective work.
(3)
All counties which shall be found organized for this work on July 1 of each year shall receive priority in the allocation of funds.
(b)
(1)
Before any county shall receive state aid under the provisions of this section, a cooperative budget shall be prepared by the county judge, the Secretary of the Department of Health, and any other agency which may be contributing and shall be signed by each.
(2)
The Secretary of the Department of Health shall draw vouchers against the fund, as provided in the cooperative budget, in the usual manner.
Amended by Act 2019, No. 910,§ 4859, eff. 7/1/2019.
Acts 1925, No. 360, §§ 1, 2; Pope's Dig., §§ 6444, 6445; A.S.A. 1947, §§ 82-212, 82-213.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 263 - BOARD OF GOVERNORS FOR COUNTY HOSPITALS (§§ 14-263-101 — 14-263-106) › Section 14-263-101 - Legislative intent

(a)
It is found and determined by the General Assembly that §
14-14-101
et seq. specifically repealed the existing laws relating to county hospital boards of governors and provided that county hospital boards of governors, along with various other county boards and commissions, would cease to exist on July 1, 1978, or sooner if so provided by ordinance of the quorum court, and that the functions and duties of those boards would thereafter be assigned to various county departments.
(b)
The General Assembly declares that it would be highly detrimental to the various county hospitals in this state to abolish the boards of governors of those hospitals and to transfer the responsibility for the management and operation of those hospitals to a county department.
(c)
It is the purpose and intent of the General Assembly to substantially reenact the laws relating to county hospital boards of governors which were repealed by § 117 of Acts 1977, No. 742, to amend §
14-14-712
so as to exclude county hospital boards of governors from the provisions of §
14-14-712
, relating to the reorganization of county boards and commissions, and to assure that the various county hospital boards of governors in the state will continue to function and have the authority and responsibility for the management, control, and operation of the respective county hospitals in substantially the same manner and to the same extent as was provided in Acts 1949, No. 481 [repealed] and the various acts amendatory and supplemental thereto, as if those acts had not been repealed and as if county hospital boards of governors had never been included in the provisions of §
14-14-712
; however, in keeping with the intent of Arkansas Constitution, Amendment 55, the quorum courts of the respective counties shall have the authority as set forth in this chapter and §
14-14-712
regarding the appointment and functions of county hospital boards of governors.
Acts 1977 (Ex. Sess.), No. 13, § 7; A.S.A. 1947, § 17-1506.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 263 - BOARD OF GOVERNORS FOR COUNTY HOSPITALS (§§ 14-263-101 — 14-263-106) › Section 14-263-102 - Continuation of existing boards of governors

(a)
The various county hospital boards of governors in existence on August 15, 1977, shall continue in existence and shall function under the provisions of this chapter.
(b)
The members of all those boards serving on August 15, 1977, shall continue to serve for the respective terms for which they were appointed, and their successors shall be selected in the manner and for the terms provided in this chapter.
Acts 1977 (Ex. Sess.), No. 13, § 5; A.S.A. 1947, § 17-1505.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 263 - BOARD OF GOVERNORS FOR COUNTY HOSPITALS (§§ 14-263-101 — 14-263-106) › Section 14-263-103 - Creation

(a)
There is created in each county in this state owning a county hospital a board of governors which shall be charged with the responsibility of the management, control, and operation of the county hospital as provided in this chapter.
(b)
(1)
If there is more than one (1) county hospital in any one (1) county, the hospitals may be operated under the management and control of a single board of governors, or the quorum court of the county, if it so elects, may establish, by an appropriate ordinance, a board of governors of each county hospital.
(2)
The ordinance of the quorum court providing for a separate board of governors for each such hospital shall designate the county hospital over which each board shall have jurisdiction.
(3)
When the quorum court establishes a separate board of governors for each county hospital in the county, each board of governors shall be constituted, shall be appointed, and shall have the duties, powers, and responsibilities with reference to the county hospital over which it has jurisdiction as specified in this chapter.
(c)
The existence of a board of governors is no longer required once the county rather than the board of governors has leased the hospital facilities in accordance with §
14-263-106
.
Acts 1977 (Ex. Sess.), No. 13, § 1; A.S.A. 1947, § 17-1501; Acts 2007, No. 561, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 263 - BOARD OF GOVERNORS FOR COUNTY HOSPITALS (§§ 14-263-101 — 14-263-106) › Section 14-263-104 - Members

(a)
The board of governors shall consist of seven (7) members, who shall be qualified electors of the county in which the hospital is located and who shall be appointed by the county judge and approved by the quorum court.
(b)
(1)
The regular term of office of each member so appointed by the county judge and approved by the quorum court shall begin as of July 1 next following the expiration of the term of his predecessor and shall end on June 30 of the seventh year thereafter; however, the terms of the original members shall be designated and arranged by the county judge so that the term of one (1) member shall expire on June 30 next following the date of his appointment, and the terms of the other members shall expire, respectively, on June 30 of the first, second, third, fourth, fifth, and sixth years thereafter.
(2)
Interim appointments shall be for the unexpired term.
(3)
Each board member shall hold office after the expiration of his term of office until his successor has been appointed and qualified.
(4)
All appointments made to fill vacancies caused by expiration of terms or by death shall be for a period of seven (7) years.
(5)
The duty to appoint the initial members of the board and to fill vacancies in case of death, resignation, expiration of terms, or for any other reason shall be that of the county judge with approval of the quorum court.
(c)
(1)
In any county in which there are two (2) county-owned hospitals under the management, control, and direction of a single board of governors, the membership of the board of governors for those hospitals may be increased to eight (8) members, by ordinance of the quorum court.
(2)
When a county hospital board of governors is increased to eight (8) members as authorized in this subsection, the additional member of the board shall be appointed in the same manner, shall possess the same qualifications, shall have the same authority and responsibility, and shall be subject to removal for cause as other members of the board.
(3)
When the membership of a board is increased to eight (8) members, the person first appointed to fill the additional position shall be appointed for a term of eight (8) years, and thereafter all successor appointments to the board shall be for terms of eight (8) years in such manner that the term of one (1) member of the board shall expire each year.
(d)
In the event of misconduct or refusal to act, any member of the board may be removed for cause.
(e)
The board of governors shall be an honorary board, and its members shall receive no compensation for their services, nor shall they be liable individually for any civil damages arising out of the operation of the hospital.
Acts 1977 (Ex. Sess.), No. 13, § 2; A.S.A. 1947, § 17-1502.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 263 - BOARD OF GOVERNORS FOR COUNTY HOSPITALS (§§ 14-263-101 — 14-263-106) › Section 14-263-105 - Powers and duties

(a)
Within ten (10) days after the appointment of the members of a board created by this chapter, the board shall assemble and elect from its membership a chairman and shall organize for the purpose of performing its duties.
(b)
Each board, being charged with the duty of managing, controlling, and supervising the operation of the county hospital, is vested by the terms of this chapter with discretion as to what policies and methods of operation shall be in the best interest of the hospital.
(c)
Each board is empowered with the authority to make regulations, employ personnel, and prescribe any and all requirements and other matters pertaining to the operation of the hospital by the board.
(d)
Each board shall employ, in addition to other personnel, some competent person to act as administrative officer. The board may require such bond as it shall deem necessary of its manager or other personnel for the performance of their duties, which personnel shall be paid salaries as determined by the board.
(e)
The right of the administrative officer or board to make quarterly reports and settlements to the county treasurer is expressly conferred by this chapter.
(f)
(1)
Each board shall submit monthly reports beginning on the twentieth day of the month following the previous month of operation of the hospital and on the twentieth day of each month thereafter, to the county judge and quorum court.
(2)
The reports shall include an accounting of receipts and disbursements and such other reports, data, and information as may be required by the county judge or quorum court, or the reports shall be prepared and submitted in accordance with generally accepted hospital accounting procedures.
(g)
Each board is empowered to accept promissory notes from patients for sums due the hospital and to discount the notes to banks, in a commercially reasonable manner, with recourse; but recourse shall be limited to hospital funds and shall not constitute a general claim against the county.
Acts 1977 (Ex. Sess.), No. 13, § 3; A.S.A. 1947, § 17-1503.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 263 - BOARD OF GOVERNORS FOR COUNTY HOSPITALS (§§ 14-263-101 — 14-263-106) › Section 14-263-106 - Contracting or leasing of hospital facilities

(a)
(1)
Should the board of governors determine that it would be in the best interests of the citizens of the county that the hospital be operated or leased to an individual, a firm, or a corporation, the board of governors may contract or lease the equipment and hospital facilities to the individual, firm, or corporation for a period of time and for consideration and conditions the board of governors may deem wise, subject to approval of the contract or lease by the county judge and the quorum court of the county in which the hospital is located.
(2)
With the recommendation of the board of governors, the county may be the lessor of the hospital rather than the board.
(3)
Once a lease has been entered into by the county rather than the board of governors, there shall be no requirement for a future recommendation by the board of governors for a subsequent lease by the board of governors before entering into the lease, and the county may enter into contracts concerning the hospital without the recommendation of the board of governors.
(b)
If the county rather than the board of governors leases the hospital facilities in accordance with subsection (a) of this section, the duties of managing, controlling, and supervising the operation of the county hospital, as described in §
14-263-105
, shall be imposed upon the lessee, which shall eliminate the requirement that a board of governors submit monthly reports or be in place for the duration of the term of the lease and any extensions thereof, unless the quorum court and county judge determine the board should continue in its existence or should be reinstated.
(c)
Once the board of governors has made its initial determination that it is in the best interests of the citizens of the county to lease the hospital, the county, if it is the lessor, will thereafter be responsible for all matters pertaining to the lease, the facilities, and the lessee, including without limitation:
(1)
Renewal or extension of the lease; or
(2)
Any conflicts that may arise pertaining to the lease or the lessee.
(d)
(1)
This section applies to all hospital leases adopted before July 31, 2007, adopted or entered under the authority of this section.
(2)
All such leases adopted or entered into before July 31, 2007, shall be considered for all purposes as if adopted or entered into under this section.
(3)
A lease adopted before July 31, 2007, shall not be held to be invalid by reason of §
14-263-103
and this section.
Acts 1977 (Ex. Sess.), No. 13, § 4; A.S.A. 1947, § 17-1504; Acts 2007, No. 561, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 264 - COMMISSIONS FOR MUNICIPAL HOSPITALS (§§ 14-264-101 — 14-264-107) › Section 14-264-101 - Construction, applicability, and effect

(a)
Nothing in this chapter shall be construed as repealing any special act previously passed providing for a board of commissioners to administer or operate municipal hospitals, and this chapter shall apply solely to cities of the first class owning or operating hospitals, including hospitals in the process of construction.
(b)
The provisions of this chapter shall be cumulative and shall not be deemed to repeal or supersede any other plan of operation of any municipal hospital as authorized by law since it is the intention of this chapter to provide an additional method of operation of any municipal hospital subject to the terms of this chapter.
Acts 1947, No. 322, § 12; A.S.A. 1947, § 19-4712.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 264 - COMMISSIONS FOR MUNICIPAL HOSPITALS (§§ 14-264-101 — 14-264-107) › Section 14-264-102 - Creation

(a)
Any city of the first class, or any city of the second class in counties with a population of not less than seventeen thousand (17,000) nor more than thirty-eight thousand five hundred (38,500), according to the last federal census, which own or operate a municipal hospital, including a municipal hospital in the process of construction, may create a commission, by appropriate action of its city council, for the purpose of operating and managing the hospital.
(b)
Any city, as defined in this section, desiring to avail itself of the benefits of this chapter, may enact an ordinance, by a majority vote of the duly elected and qualified members of the city council, creating a hospital commission to be composed of not less than three (3) nor more than seven (7) citizens who are qualified electors of the municipality or of the county in which the municipality is located.
(c)
The city may repeal the ordinance creating the commission by an affirmative vote of three-fourths (3/4) of the elected and qualified members of the city council.
Acts 1947, No. 322, §§ 1, 2; 1953, No. 315, § 1; 1977, No. 184, § 1; A.S.A. 1947, §§ 19-4701, 19-4702; Acts 1991, No. 518, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 264 - COMMISSIONS FOR MUNICIPAL HOSPITALS (§§ 14-264-101 — 14-264-107) › Section 14-264-103 - Commissioners - Appointment - Removal

(a)
The commissioners shall be appointed by the mayor and confirmed by a majority vote of the elected and qualified members of the city council and shall hold office for a term of five (5) years; however, those commissioners first appointed and confirmed after the passage of this chapter shall serve for terms of one (1), two (2), three (3), four (4), and five (5) years each, to be designated by the mayor and city council. Thereafter, upon the expiration of their respective terms, commissioners appointed by the mayor and approved by a majority vote of the city council shall each be appointed for a term of five (5) years.
(b)
In the event of a vacancy occurring on the commission, it shall be filled by appointment by the mayor, subject to the approval of a majority vote of the duly elected and qualified members of the city council.
(c)
Each commissioner shall file the oath required of public officials by law in the State of Arkansas.
(d)
Upon the appointment of the commissioners as provided in this section, the mayor and city council shall execute such instruments and enact such measures as may be necessary to vest complete charge of the municipally owned or operated hospital in the commissioners.
(e)
The city council may require bond of the commissioners, in its discretion, for the faithful performance of their duties.
(f)
Any commissioner appointed by the provisions of this chapter may be removed for cause upon a two-thirds (2/3) vote of the elected and qualified members of the city council.
Acts 1947, No. 322, §§ 3, 4, 11; A.S.A. 1947, §§ 19-4703, 19-4704, 19-4711.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 264 - COMMISSIONS FOR MUNICIPAL HOSPITALS (§§ 14-264-101 — 14-264-107) › Section 14-264-104 - Commissioners - Powers and duties - Liability

(a)
The commissioners appointed pursuant to this chapter shall have full and complete authority to manage, operate, maintain, and keep in a good state of repair the municipal hospital. They shall have full and complete charge of the building, with the power to handle it as the commissioners shall see fit and deem to be in the best interests of the city.
(b)
The commissioners shall have the right to employ or remove managers and all other employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries, wages, or other compensation since it is the intention of this chapter to vest in the commissioners the authority to operate, manage, maintain, and control the municipal hospital and to have full and complete charge of it, including the same discretionary powers afforded to the boards of trustees of benevolent or nonprofit corporations in this state; however, the commissioners shall not have the authority or power to sell, mortgage, or encumber the municipal hospital unless otherwise authorized by the statutes of Arkansas.
(c)
The commissioners, however, by and with the consent of the city council, shall have the authority and power to lease the hospital to a nonprofit or benevolent organization upon such terms that no profit or dividend shall ever be paid to any person, firm, or corporation; however, nothing contained in this chapter shall be construed to prevent the use, either by the commission or any lessee, of profits arising from the operation of the hospital for the repair, improvement, or additions to the hospitals or the equipment thereof, or for charitable purposes in connection with the operations of the hospital.
(d)
The commissioners shall have the exclusive right and power to make purchases of all supplies, apparatus, and other property and things requisite and necessary for the management and operation of the hospital; the management and operation of the hospital shall include the construction thereof and repairs and additions thereto.
(e)
The commissioners shall be afforded the same protection from personal liability for their acts as commissioners as is afforded to school directors in connection with their duties in behalf of the school districts which they represent.
Acts 1947, No. 322, §§ 5, 6, 9; A.S.A. 1947, §§ 19-4705, 19-4706, 19-4709.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 264 - COMMISSIONS FOR MUNICIPAL HOSPITALS (§§ 14-264-101 — 14-264-107) › Section 14-264-105 - Commissioners - Rules and regulations - Reports

(a)
(1)
The commissioners shall have the authority to adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the hospital and shall have the authority to alter, change, or amend the rules and regulations at their discretion.
(2)
The commissioners shall have the right to adopt and enforce standards for the operation and management of the hospital including the right to apply for and accept membership in accredited hospital societies and organizations and to comply with, and enforce compliance with, the rules and regulations thereof. However, nothing contained in this subsection shall be construed to authorize the adoption of standards less than the minimum standards required by the laws of the State of Arkansas for the operation or management of hospitals coming under the provisions of this chapter.
(b)
(1)
The commissioners shall submit reports, beginning three (3) months after they take their oath of office and thereafter at such periods as the city council may direct, reporting in full on the construction and operations, including an accounting of receipts and disbursements, to the mayor and city council. They shall furnish such other and further reports, data, and information as may be requested by the mayor or city council.
(2)
The reports to the mayor and city council with respect to receipts and disbursements shall be certified by the commissioners as correct.
(3)
The commissioners shall further submit an annual audit of the operations of the hospital to the mayor and city council. The fiscal year shall be determined by the mayor and city council.
Acts 1947, No. 322, §§ 7, 8; A.S.A. 1947, §§ 19-4707, 19-4708.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 264 - COMMISSIONS FOR MUNICIPAL HOSPITALS (§§ 14-264-101 — 14-264-107) › Section 14-264-106 - Appropriation of city funds for hospital purposes

(a)
Upon each annual report's being made to the mayor and city council by the commissioners, the city council may lend or appropriate funds from the general revenue fund of the city, or from such other funds as the city may have available, to make up any deficits or to provide such funds as may be necessary to carry on the operations of the hospital.
(b)
The city council, at any time other than when the annual report is filed, may lend or appropriate such funds as it deems necessary from the general revenue fund or from such other funds as the city may have available for the purpose of maintaining and operating the hospital.
Acts 1947, No. 322, § 10; A.S.A. 1947, § 19-4710.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 264 - COMMISSIONS FOR MUNICIPAL HOSPITALS (§§ 14-264-101 — 14-264-107) › Section 14-264-107 - Hospital fund

(a)
The commissioners appointed pursuant to this chapter shall have the authority to utilize all revenues derived from the hospital in the operations of the hospital including repairs and additions thereto or the construction thereof.
(b)
All funds derived from the use of the hospital shall be segregated into a hospital fund, which fund shall be used exclusively in the operations of the hospital by the commissioners.
(c)
Moneys in the hospital fund shall not be mingled with other funds of the city and shall be handled exclusively by the commissioners.
(d)
The commissioners shall receive no salary for their services, but they shall be reimbursed from the hospital fund for actual expenses incurred in the performance of their duties.
Acts 1947, No. 322, § 9; A.S.A. 1947, § 19-4709.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-101 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"County" means a county of this state, or, where a county is divided into two (2) districts, "county" means the entire county or either district of the county;
(2)
"Governing body" means the council, board of directors, or city commission of any municipality;
(3)
"Municipality" means a city of the first or second class or an incorporated town;
(4)
"Equip" means to install or place on or in any building or structure equipment of any and every kind, whether or not affixed, including, without limiting the generality of the foregoing, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind;
(5)
"Sell" means to sell for such price, in such manner, and upon such terms as the municipality or county shall determine including, without limiting the generality of the foregoing, private or public sale, and, if public, pursuant to such advertisement as the municipality or county shall determine. "Sell" also means to sell for cash or credit payable in a lump sum or in installments over such period as the municipality or county shall determine and, if on credit, with or without interest and at such rate or rates as the municipality or county shall determine;
(6)
"Lease" means to lease for such rentals, for such period or periods, and upon such terms and conditions as the municipality or county shall determine including, without limiting the generality of the foregoing, the granting of purchase options for such prices and upon such terms and conditions as the municipality or county shall determine;
(7)
"Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be used for or in the operation of the hospital, nursing home, rest home, or related facilities including, without limiting the generality of the foregoing, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, commodities, supplies, and other real, personal, or mixed property of every kind;
(8)
"Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and, if the latter, by negotiation or bidding upon terms and pursuant to advertising, as the municipality or county shall determine to be in the public interest and, under the circumstances existing at the time, to accomplish the purposes of and authorities set forth in this chapter.
Acts 1961, No. 175, § 10; 1973, No. 86, § 3; 1975, No. 223, § 3; 1981, No. 425, § 40; A.S.A. 1947, § 19-4722.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-102 - Applicability and construction

(a)
This chapter is intended to supplement all constitutional provisions and other acts and, when applicable in accordance with the provisions of this chapter, may be used by any municipality or county as an alternative, notwithstanding any constitutional provisions or any other act authorizing a municipality or county or any commission or agency thereof to issue bonds for any of the purposes provided in this chapter.
(b)
This chapter shall be liberally construed to accomplish its purposes and shall be the sole authority required for the accomplishment of its purposes. To that end, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition.
Acts 1961, No. 175, § 12, as added by Acts 1973, No. 86, § 4; A.S.A. 1947, § 19-4723.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-103 - Authority to acquire, own, manage, and sell health facilities

Any municipality and any county is authorized to acquire, own, construct, reconstruct, extend, equip, improve, maintain, operate, sell, lease, contract concerning, or otherwise deal in or dispose of any land, buildings, improvements, or facilities of any and every nature whatever that can be used for hospitals, nursing homes, rest homes, or related facilities within or near the municipality or county.
Acts 1961, No. 175, § 1; 1973, No. 86, § 1; A.S.A. 1947, § 19-4713.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-104 - Bonds - Authority to issue

(a)
Municipalities and counties are authorized to use any available revenues for the accomplishment of the purposes set forth in §
14-265-103
and are authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes set forth in §
14-265-103
either alone or together with other available funds and revenues.
(b)
The amount of bonds issued shall be sufficient to pay all costs and sums required and necessarily incidental to the accomplishment of the specified purposes and to the sale on the best possible basis and issuance of the bonds, including, without limitation, all costs and expenses of issuing the bonds, a reasonable reserve, and an amount covering interest to a date not in excess of six (6) months subsequent to the date of acquisition or the estimated date of completion, whichever is later.
Acts 1961, No. 175, § 2; A.S.A. 1947, § 19-4714.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-106 - Bonds - Issuance for refunding obligations

(a)
Revenue bonds may be issued under this chapter for the purpose of refunding any obligations issued under this chapter.
(b)
(1)
When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.
(2)
If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.
(c)
All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of those bonds.
(d)
The ordinance or order under which refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded.
Acts 1961, No. 175, § 5; A.S.A. 1947, § 19-4717.