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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 8 - INTERPRETERS BETWEEN HEARING INDIVIDUALS AND INDIVIDUALS WHO ARE DEAF, DEAFBLIND, HARD OF HEARING, OR ORAL DEAF (§§ 20-14-801 — 20-14-809) › Section 20-14-801 - Findings

(a)
The General Assembly finds that:
(1)
(A)
The practice of interpreting affects the public health, safety, and welfare and civic, economic, social, academic, and recreational aspects of life.
(B)
Therefore, the practice of interpreting should be subject to licensure and regulation to protect the public's interest;
(2)
Individuals who are deaf, deafblind, hard of hearing, or oral deaf, individuals with disabilities who use special techniques in order to communicate, and individuals whose primary language is sign language have a civil right to effective communication;
(3)
Individuals with hearing disabilities and those with whom they communicate require and are entitled to competent, reliable interpreting services; and
(4)
The availability of competent, reliable, credentialed interpreting services is necessary for individuals with hearing disabilities to realize their right to full and equal participation in society.
(b)
The purposes of this subchapter are to:
(1)
Provide minimum qualifications for interpreters and to ensure that members of the interpreting profession perform with a high degree of competency;
(2)
Regulate the practice and licensure of interpreters for individuals who are deaf, deafblind, hard of hearing, or oral deaf; and
(3)
Impose penalties for persons who violate this subchapter or the rules adopted under this subchapter.
Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 8 - INTERPRETERS BETWEEN HEARING INDIVIDUALS AND INDIVIDUALS WHO ARE DEAF, DEAFBLIND, HARD OF HEARING, OR ORAL DEAF (§§ 20-14-801 — 20-14-809) › Section 20-14-802 - Definitions

As used in this subchapter:
(1)
"Cued speech" means the system of handshapes that represent groups of consonant sounds and hand placements that represent groups of vowel sounds that is used with natural speech to represent a visual model of spoken language;
(2)
"Deaf individual" means an individual who has a documented hearing loss so severe that the individual is unable to process speech and language through hearing, with or without amplification;
(3)
"Deaf interpreter" means a deaf individual who facilitates communication between another deaf person and a licensed qualified interpreter or between two (2) or more deaf persons;
(4)
"Deafblind individual" means an individual who has a combined loss of vision and hearing that prevents the individual's vision or hearing from being used as a primary source for accessing information;
(5)
"Hard of hearing individual" means an individual who has a hearing loss, may primarily use visual communication, and may use assistive devices;
(6)
"Interpret" means to provide language equivalency between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf using techniques that include without limitation:
(A)
American Sign Language;
(B)
English-based sign language;
(C)
Cued speech; and
(D)
Oral interpreting;
(7)
"Interpreting agency" means an entity that provides qualified interpreter services for a fee;
(8)
"Licensed provisional interpreter" means an individual who is deaf, licensed under this subchapter;
(9)
"Licensed qualified interpreter" means an individual licensed under this subchapter;
(10)
"Oral deaf individual" means an individual whose sense of hearing is nonfunctional for the purpose of communication and whose primary method of communication is speech reading and spoken English; and
(11)
"Oral interpreting" means the use of oral transliteration with special techniques to make the English language visible for persons who communicate as speech readers.
Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 8 - INTERPRETERS BETWEEN HEARING INDIVIDUALS AND INDIVIDUALS WHO ARE DEAF, DEAFBLIND, HARD OF HEARING, OR ORAL DEAF (§§ 20-14-801 — 20-14-809) › Section 20-14-803 - Penalties

(a)
(1)
A person who is not licensed under this subchapter and who pleads guilty or nolo contendere to or is found guilty of holding himself or herself out to the public as a licensed qualified interpreter is guilty of a violation and shall be fined not less than one hundred dollars ($100) and not more than five hundred dollars ($500).
(2)
If a person who pleads guilty or nolo contendere to or is found guilty of a violation under subdivision (a)(1) of this section complies with this subchapter within thirty (30) days after pleading guilty or nolo contendere to or being found guilty of a violation under subdivision (a)(1) of this section, the court shall suspend the fine under subdivision (a)(1) of this section.
(b)
An interpreting agency that pleads guilty or nolo contendere to or is found guilty of knowingly hiring or providing interpreting services for an individual who is deaf, deafblind, hard of hearing, or oral deaf through an individual not licensed under this subchapter is guilty of a violation and shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).
Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 8 - INTERPRETERS BETWEEN HEARING INDIVIDUALS AND INDIVIDUALS WHO ARE DEAF, DEAFBLIND, HARD OF HEARING, OR ORAL DEAF (§§ 20-14-801 — 20-14-809) › Section 20-14-804 - Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf - Creation - Membership

(a)
The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf is created within the Department of Health.
(b)
The board shall consist of seven (7) members appointed by the Secretary of the Department of Health as follows:
(1)
Four (4) licensed qualified interpreters appointed from a list of eight (8) submitted by the Arkansas Registry of Interpreters for the Deaf, Inc. in conjunction with the Arkansas Association for the Deaf;
(2)
Two (2) members appointed from a list of four (4) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are deaf persons, hard of hearing persons, or oral deaf persons not licensed under this subchapter; and
(3)
One (1) member appointed from a list of two (2) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are neither individuals who are deaf, deafblind, hard of hearing, or oral deaf and who are not licensed under this subchapter.
(c)
(1)
Each member shall serve a term of three (3) years.
(2)
A member shall not serve more than two (2) consecutive terms.
(d)
Four (4) members of the board constitute a quorum for the transaction of business of the board.
(e)
If a vacancy occurs on the board, the secretary shall appoint to complete the term vacated a person who possesses the same qualifications as those required for the position to which he or she is appointed.
Amended by Act 2019, No. 910,§ 4994, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4993, eff. 7/1/2019.
Added by Act 2013, No. 1314,§ 2, eff. 11/1/2013.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 8 - INTERPRETERS BETWEEN HEARING INDIVIDUALS AND INDIVIDUALS WHO ARE DEAF, DEAFBLIND, HARD OF HEARING, OR ORAL DEAF (§§ 20-14-801 — 20-14-809) › Section 20-14-806 - Powers and duties of Secretary of Department of Health

(a)
After consideration of the recommendation of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf, the Secretary of the Department of Health shall:
(1)
Issue or deny a license or a renewal of license of a licensed qualified interpreter;
(2)
Issue or deny a license or a renewal of a licensed provisional interpreter license;
(3)
Confirm or overrule a recommendation to revoke or suspend a license for an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf;
(4)
Create and maintain a registry of licensed qualified interpreters; and
(5)
Establish reasonable fees for licensure and renewal of licensure.
(b)
Before a rule is promulgated under this subchapter, the proposed rule shall be presented to the Legislative Council.
Amended by Act 2019, No. 910,§ 4996, eff. 7/1/2019.
Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 8 - INTERPRETERS BETWEEN HEARING INDIVIDUALS AND INDIVIDUALS WHO ARE DEAF, DEAFBLIND, HARD OF HEARING, OR ORAL DEAF (§§ 20-14-801 — 20-14-809) › Section 20-14-807 - Licenses

(a)
A licensed qualified interpreter shall meet criteria established under this subchapter for interpreters, including without limitation certification or credentialing by the:
(1)
Arkansas Rehabilitation Services Quality Assurance Screening Test;
(2)
Educational Interpreter Performance Assessment;
(3)
National Association of the Deaf;
(4)
National Cued Speech Association;
(5)
Registry of Interpreters for the Deaf, Inc.; or
(6)
Texas Board for Evaluation of Interpreters.
(b)
A licensed provisional interpreter license may be issued to a deaf interpreter who meets criteria established under this subchapter.
(c)
A license issued under this subchapter is valid for one (1) year.
Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 8 - INTERPRETERS BETWEEN HEARING INDIVIDUALS AND INDIVIDUALS WHO ARE DEAF, DEAFBLIND, HARD OF HEARING, OR ORAL DEAF (§§ 20-14-801 — 20-14-809) › Section 20-14-808 - Prohibitions

(a)
Except as provided in subsection (b) of this section, it is unlawful for an individual to use the title "licensed qualified interpreter" or "licensed provisional interpreter" or to hold himself or herself out as an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf unless the individual using the title holds a license under this subchapter.
(b)
Subsection (a) of this section does not apply to:
(1)
A person who interprets for an individual who is deaf, deafblind, hard of hearing, or oral deaf during a religious service;
(2)
A nonresident interpreter who holds a credential or a certificate valid in another state who interprets in Arkansas less than twenty (20) days per year;
(3)
A person who interprets during an emergency; or
(4)
A person who is an interpreter intern or a student in training who is:
(A)
Enrolled in and pursuing a degree in interpreting at an accredited institution of higher education; or
(B)
Interpreting under the supervision of a licensed qualified interpreter as part of a supervised program of study.
Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 8 - INTERPRETERS BETWEEN HEARING INDIVIDUALS AND INDIVIDUALS WHO ARE DEAF, DEAFBLIND, HARD OF HEARING, OR ORAL DEAF (§§ 20-14-801 — 20-14-809) › Section 20-14-809 - Rules

The State Board of Health shall adopt rules to implement this subchapter.
Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 9 - NONDISCRIMINATION IN ACCESS TO ORGAN TRANSPLANTATION (§§ 20-14-901 — 20-14-904) › Section 20-14-901 - Legislative intent

The General Assembly finds that:
(1)
An intellectual or physical disability does not diminish an individual's right to health care;
(2)
The Americans with Disabilities Act of 1990,
42 U.S.C. § 12101
et seq., prohibits discrimination against individuals with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical healthcare services;
(3)
Individuals with disabilities have historically been denied lifesaving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical regimens, or that they lack adequate support systems to ensure compliance;
(4)
Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is a suitable candidate to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federal funding programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and
(5)
Arkansas residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 9 - NONDISCRIMINATION IN ACCESS TO ORGAN TRANSPLANTATION (§§ 20-14-901 — 20-14-904) › Section 20-14-904 - Remedies

(a)
A qualified individual alleging a violation of this subchapter may bring an action in the appropriate circuit court for injunctive or other equitable relief.
(b)
Unless otherwise prohibited by Arkansas Constitution, Amendment 80, the court shall:
(1)
Schedule a hearing as soon as possible; and
(2)
Proceed expeditiously with an action alleging a violation of this subchapter.
(c)
This section does not limit or replace remedies available under the Americans with Disabilities Act of 1990,
42 U.S.C. § 12101
et seq., or any other applicable law.
Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 10 - EMOTIONAL SUPPORT ANIMALS (§§ 20-14-1001 — 20-14-1004) › Section 20-14-1001 - Definitions

As used in this subchapter:
(1)
"Emotional support animal" means an animal that:
(A)
Provides emotional, cognitive, or other similar support to an individual with a disability; and
(B)
Does not need to be trained or certified;
(2)
"Emotional support dog" means a dog that:
(A)
Provides emotional, cognitive, or other similar support to an individual with a disability; and
(B)
Does not need to be trained or certified;
(3)
"Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and
(4)
"Service animal" means an animal as defined in
28 C.F.R. § 36.104
, as it existed on January 1, 2023.
Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 10 - EMOTIONAL SUPPORT ANIMALS (§§ 20-14-1001 — 20-14-1004) › Section 20-14-1002 - Written notice to buyer or recipient

(a)
A person or business that sells or provides a dog for use as an emotional support dog shall provide a written notice to the buyer or recipient of the dog that states the following:
(1)
The dog does not have the special training required to qualify as a service animal;
(2)
The dog is not entitled to the rights and privileges accorded by law to a service animal; and
(3)
Misrepresenting an animal as a service animal may subject an individual to a civil penalty under §
20-14-310
.
(b)
A person or business that sells or provides a certificate, identification, tag, vest, leash, or harness for an emotional support animal shall provide a written notice to the buyer or recipient that states the following:
(1)
The item does not entitle an emotional support animal to the rights and privileges accorded by law to a service dog; and
(2)
Misrepresenting an animal as a service animal may subject an individual to a civil penalty under §
20-14-310
.
(c)
The written notices described in subsections (a) and (b) of this section shall be:
(1)
Made in bold and at least 12-point type; and
(2)
Provided on:
(A)
The receipt for the emotional support dog;
(B)
The product described in subsection (b) of this section; or
(C)
A separate piece of paper.
Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 10 - EMOTIONAL SUPPORT ANIMALS (§§ 20-14-1001 — 20-14-1004) › Section 20-14-1003 - Criteria required from healthcare provider for provision of documentation for emotional support dog

(a)
A healthcare provider shall not provide documentation relating to an individual's need for an emotional support dog unless the healthcare provider:
(1)
Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license he or she possesses in the documentation required under this subsection;
(2)
Is licensed to provide professional services within the scope of his or her license in the jurisdiction in which the documentation required under this subsection is provided;
(3)
(A)
Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog.
(B)
(i)
A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless.
(ii)
Homeless status may be verified by any of the following:
(a)
Identification through the local Homeless Management Information System, as defined in
24 C.F.R. § 578.3
, as it existed on January 1, 2023;
(b)
A Continuum of Care, as defined in
24 C.F.R. § 578.3
, as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or
(c)
Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;
(4)
Completes a clinical evaluation of the individual at least one (1) time each year regarding the need for an emotional support dog;
(5)
Provides a verbal or written notice to the individual that misrepresenting an animal as a service animal may subject the individual to a civil penalty under §
20-14-310
; and
(6)
Reviews the need for an emotional support dog to renew the documentation on a yearly basis.
(b)
A healthcare provider may be subject to discipline from the healthcare provider's licensing board for a violation of this section.
Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.
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 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 10 - EMOTIONAL SUPPORT ANIMALS (§§ 20-14-1001 — 20-14-1004) › Section 20-14-1004 - Violations - Civil Penalty

(a)
(1)
A violation of the following shall be subject to a civil penalty:
(A)
Knowingly and fraudulently representing, selling, or offering for sale, or attempting to represent, sell, or offer for sale, an emotional support dog as being entitled to the rights and privileges accorded by law to a service animal; or
(B)
Violating the written notice requirements under §
20-14-1002
.
(2)
An action for civil penalties under this section may be brought by the:
(A)
Attorney General;
(B)
Prosecuting attorney of the county in which a violation of this subchapter occurs;
(C)
County attorney of the county in which a violation of this subchapter occurs; or
(D)
City attorney of the city in which a violation of this subchapter occurs.
(b)
The following civil penalties shall apply for a violation of subsection (a) of this section:
(1)
Five hundred dollars ($500) for the first violation;
(2)
One thousand dollars ($1,000) for the second violation; and
(3)
Two thousand five hundred dollars ($2,500) for the third and any subsequent violations.
(c)
This section shall not restrict or change existing federal law or state law related to a person's rights for reasonable accommodation and equal access to housing.
Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-15-101 — 20-15-102) › Section 20-15-101 - Hepatitis C screening during pregnancy

(a)
(1)
In addition to the testing of pregnant women required under §
20-16-507
, a physician or a healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or any other person who is attending or providing medical treatment to a pregnant woman in this state shall:
(A)
Take or cause to be taken a sample of venous blood or other approved specimen as early as reasonably possible in the pregnancy or at the time of delivery if the physician or healthcare provider did not attend the pregnant woman prenatally; and
(B)
Submit the sample to an approved laboratory for a standard test for Hepatitis C.
(2)
(A)
If the pregnant woman declines to be tested for Hepatitis C, the physician or healthcare provider shall record in the patient's medical records that the pregnant woman was not tested for Hepatitis C based upon the refusal of the patient.
(B)
The record of a patient refusal relieves the physician, the healthcare provider, and the Department of Corrections of any responsibility under this subsection.
(b)
A physician or healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or other person who is attending or providing medical treatment to a pregnant woman shall:
(1)
Inform a pregnant woman that Hepatitis C may be transmitted from a mother with Hepatitis C to her unborn child and that Hepatitis C may be prevented if the mother's Hepatitis C is diagnosed and treated; and
(2)
Provide counseling and instruction to the pregnant woman regarding Hepatitis C in a manner determined by the Department of Health based on contemporary state and federal standards.
(c)
(1)
Records, reports, data, or other information collected or maintained under this section that identify or could be used to identify an individual patient, healthcare provider, or institution are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq., or subject to subpoena, discovery, or introduction into evidence in a civil proceeding.
(2)
Subdivision (c)(1) of this section does not affect the reports required to be submitted by the Department of Health under any other laws, rules, or federal regulations.
Amended by Act 2023, No. 205,§ 2, eff. 8/1/2023.
Added by Act 2021, No. 598,§ 2, eff. 7/28/2021.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-15-101 — 20-15-102) › Section 20-15-102 - Depression screening for birth mothers at time of birth

(a)
A physician or healthcare provider who is attending a birth in this state or a licensed healthcare provider who is attending or providing medical treatment to a birth mother in this state shall facilitate with a healthcare provider to screen the birth mother for depression within the first six (6) weeks of birth.
(b)
(1)
If the birth mother declines to be screened for depression within the first six (6) weeks of having given birth, the physician or healthcare provider shall record in the patient's medical records that the birth mother was not screened for depression based upon the refusal of the patient.
(2)
The record of a patient refusal relieves the physician and the healthcare provider of liability under this subsection.
(c)
Records, reports, data, or other information collected or maintained under this section that identify or could be used to identify an individual patient, healthcare provider, or institution are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq.
Added by Act 2023, No. 316,§ 1, eff. 8/1/2023.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 2 - CANCER (§§ 20-15-201 — 20-15-206) › Section 20-15-201 - Reporting requirements

The Department of Health shall accumulate such data concerning cancer in Arkansas and its residents as is deemed appropriate for the purposes of describing the frequency of cancer, furnishing reports to health professionals and the public, and for planning and evaluating cancer prevention and control programs. The data shall be collected under the authority of rules promulgated by the State Board of Health.
Amended by Act 2019, No. 315,§ 1935, eff. 7/24/2019.
Acts 1989, No. 435, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 2 - CANCER (§§ 20-15-201 — 20-15-206) › Section 20-15-202 - State cancer plan

A task force consisting of public and private entities shall be established by the Secretary of the Department of Health to assist the Department of Health in developing a strategic plan for a coordinated, comprehensive, statewide network of cancer resources, services, and programs.
Amended by Act 2019, No. 910,§ 4997, eff. 7/1/2019.
Acts 1989, No. 435, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 2 - CANCER (§§ 20-15-201 — 20-15-206) › Section 20-15-203 - Confidentiality - Definition

(a)
Information accumulated and maintained in the Arkansas Central Cancer Registry shall not be divulged except for statistical information that does not identify individuals and for purposes of research by a qualified researcher.
(b)
As used in this section, "qualified researcher" means a researcher from a recognized institution, including without limitation an academic, state or federal government, or nonprofit nongovernmental institution, and who is adequately trained about conditions where names and identities of individuals are appropriately protected while conducting research for the purposes of cancer prevention, control, and treatment.
Amended by Act 2021, No. 345,§ 1, eff. 7/28/2021.
Acts 1989, No. 435, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 2 - CANCER (§§ 20-15-201 — 20-15-206) › Section 20-15-204 - Agreements with other states

(a)
The Department of Health may enter into agreements with other states and federal organizations authorized to exchange registry data.
(b)
The agreements shall prohibit divulging information to entities without prior approval of the department.
Acts 1989, No. 435, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 2 - CANCER (§§ 20-15-201 — 20-15-206) › Section 20-15-205 - Gifts, grants, and donations

The Department of Health may receive gifts, grants, and donations for the purposes of this subchapter.
Acts 1989, No. 435, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 3 - PHENYLKETONURIA, HYPOTHYROIDISM, AND SICKLE-CELL ANEMIA (§§ 20-15-301 — 20-15-304) › Section 20-15-301 - Injunction

The State Board of Health shall have the power to enforce this subchapter by appropriate action for injunction in the circuit courts of this state.
Acts 1967, No. 192, § 4; A.S.A. 1947, § 82-628.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 3 - PHENYLKETONURIA, HYPOTHYROIDISM, AND SICKLE-CELL ANEMIA (§§ 20-15-301 — 20-15-304) › Section 20-15-303 - Exception

This subchapter shall not apply to any child whose parents or guardian objects thereto on the grounds that it conflicts with the tenets and practices of a recognized church or religious faith of which the parent or guardian is an adherent or member.
Acts 1967, No. 192, § 3; A.S.A. 1947, § 82-627.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 3 - PHENYLKETONURIA, HYPOTHYROIDISM, AND SICKLE-CELL ANEMIA (§§ 20-15-301 — 20-15-304) › Section 20-15-304 - Administration by Department of Health

It shall be the duty of the Department of Health to:
(1)
Enforce this subchapter;
(2)
Prescribe the tests that may be administered in compliance with this subchapter;
(3)
Promulgate rules in conjunction with the Insurance Commissioner establishing:
(A)
What persons and institutions shall be required to obtain specimens from newborn infants in compliance with this subchapter;
(B)
The amount to be charged by the central laboratory for processing the specimens; and
(C)
The method of billing the charges to the persons and institutions;
(4)
Furnish copies of this subchapter and the rules promulgated pursuant to this subchapter to physicians, hospitals, or other institutions or persons required by its rules to have tests administered to newborn infants;
(5)
(A)
Establish a central laboratory and to equip, staff, and operate the laboratory for the purpose of receiving specimens from physicians, hospitals, and institutions, to assure that tests are conducted, and to report findings resulting from the tests.
(B)
Initial laboratory screening tests for conditions under this subchapter shall be performed by the department or its designee ;
(6)
(A)
Monitor positive test results and assist in treatment and care of affected infants, such follow-up procedures to begin no later than ten (10) days from the time a specimen is diagnosed as positive.
(B)
The department shall monitor infants to assure appropriate testing to confirm the condition suggested by the screening test results; and
(7)
Disseminate information and advice to the public concerning the dangers and effects of conditions for which screening is performed by or for the State of Arkansas.
Amended by Act 2023, No. 490,§ 3, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 1936, eff. 7/24/2019.
Acts 1967, No. 192, § 2; 1981, No. 481, § 2; A.S.A. 1947, § 82-626; Acts 1987, No. 573, § 2; 2003, No. 1293, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 4 - REYE'S SYNDROME (§ 20-15-401) › Section 20-15-401 - Duty of physician to report

(a)
Every physician practicing medicine in the State of Arkansas shall report to the Department of Health any case or suspected case of Reye's syndrome disease which he or she is attending, or has examined, or for which the physician has prescribed.
(b)
The report shall be made as promptly as possible from the time the physician first visits, examines, or prescribes for the patient, and the report shall state the name, age, sex, race, usual residence, place where the patient is to be found, the nature of the disease, the date of onset, and any additional information that the Secretary of the Department of Health may require.
(c)
The department shall send a copy of the report to the federal Centers for Disease Control and Prevention together with additional information relating thereto as may be required by the Centers for Disease Control and Prevention.
Amended by Act 2019, No. 910,§ 4998, eff. 7/1/2019.
Acts 1981, No. 842, § 1; A.S.A. 1947, § 82-643.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 5 - SUDDEN INFANT DEATH SYNDROME ACT (§§ 20-15-501 — 20-15-504) › Section 20-15-501 - Title

This subchapter shall be known and may be cited as the "Sudden Infant Death Syndrome Act".
Acts 1979, No. 116, § 1; A.S.A. 1947, § 82-639.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 5 - SUDDEN INFANT DEATH SYNDROME ACT (§§ 20-15-501 — 20-15-504) › Section 20-15-502 - Reports required

(a)
Any sheriff, deputy sheriff, city police officer, state police officer, member of the staff of any public or private hospital, or attending physician with knowledge of the sudden death of a child between the ages of one (1) week and one (1) year who appeared in apparent good health shall immediately report the death to the county coroner or the county sheriff if the county coroner is unavailable, within twenty-four (24) hours after the discovery of the death.
(b)
The report shall include facts concerning the time, place, manner, and circumstances surrounding the death.
(c)
Upon receipt of the report, the county coroner, or the county sheriff if the county coroner is unavailable, shall report the death to the Department of Health and the Child Abuse Hotline.
Amended by Act 2015, No. 1211,§ 5, eff. 7/22/2015.
Acts 1979, No. 116, § 2; A.S.A. 1947, § 82-640.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 5 - SUDDEN INFANT DEATH SYNDROME ACT (§§ 20-15-501 — 20-15-504) › Section 20-15-503 - Autopsy

(a)
Upon receipt of the report, the county coroner, or the county sheriff if the county coroner is unavailable, shall request from the parents or guardian of the deceased written permission upon a form provided by the Department of Health for an autopsy to be made to determine the exact cause of death.
(b)
(1)
Upon receipt of the permission, the county coroner, or the county sheriff if the county coroner is unavailable, shall notify the department. The department shall arrange for the transportation of the deceased and arrange for an autopsy to be made by a licensed physician in the State of Arkansas and shall arrange for the return transportation of the deceased.
(2)
If the parents or guardian shall refuse permission for an autopsy to be made, the death nevertheless shall be reported to the department.
(c)
(1)
The results and findings of the autopsy, if any is performed, shall be reported to the parents or guardian of the deceased.
(2)
The appropriate finding of cause of death shall be recorded upon the certificate of death in any case and the term "sudden infant death syndrome" shall be entered on the certificate of death when it is appropriately descriptive of the circumstances and cause of death of the child.
(d)
Information concerning sudden infant death syndrome shall be provided by the department to the parents or guardian of an infant whose death has been reported pursuant to this subchapter.
Acts 1979, No. 116, § 3; A.S.A. 1947, § 82-641.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 5 - SUDDEN INFANT DEATH SYNDROME ACT (§§ 20-15-501 — 20-15-504) › Section 20-15-504 - Limitation on autopsies

The Department of Health shall provide for the transportation and the autopsy as provided in §
20-15-503
only so long as federal funds are available to the department for the transportation and autopsies of suspected victims of sudden infant death syndrome.
Acts 1979, No. 116, § 4; A.S.A. 1947, § 82-642.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 6 - RENAL DISEASES (§§ 20-15-601 — 20-15-605) › Section 20-15-601 - Legislative findings and purpose

(a)
(1)
It is declared and found that one (1) of the major problems facing medicine and the public health and welfare is the lack of an adequate program to assist in the treatment and cure of persons suffering from chronic kidney disease.
(2)
It is estimated that a number of citizens of this state annually are confronted with chronic kidney disease requiring complicated and expensive treatment which is often beyond the financial resources of the individuals.
(3)
There is a critical shortage of adequate facilities within the state for the discovery, evaluation, diagnosis, treatment, and cure of individuals suffering from chronic kidney disease.
(b)
In order to provide for the care and treatment of persons suffering from acute or chronic kidney disease and in order to encourage and assist in the development of adequate treatment facilities for persons suffering from acute or chronic kidney disease, it is essential that the state develop a program of financial assistance to aid in defraying a portion of the cost for the care and treatment of chronic kidney disease to the extent that the individual suffering from the disease is unable to pay for the services on a continuing basis.
Acts 1971, No. 450, § 1; A.S.A. 1947, § 82-2501.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 6 - RENAL DISEASES (§§ 20-15-601 — 20-15-605) › Section 20-15-602 - State Kidney Disease Commission - Creation - Members

(a)
(1)
There is established a State Kidney Disease Commission to consist of ten (10) members.
(2)
Nine (9) members shall be appointed by the Governor and confirmed by the Senate as follows:
(A)
Three (3) members who are knowledgeable in renal medicine and the treatment of end-stage renal disease shall be physicians licensed to practice in Arkansas who are actively engaged in the private practice of medicine in this state;
(B)
One (1) member who is knowledgeable in renal medicine and the treatment of end-stage renal disease shall be a physician licensed in Arkansas who is engaged primarily in the institutional practice of medicine;
(C)
Two (2) members shall be persons engaged in hospital administrative activities;
(D)
Two (2) members shall be named from the public at large, but they shall be individuals who have a demonstrated interest in the treatment and cure of renal diseases; and
(E)
One (1) member who shall represent the elderly shall be sixty (60) years of age or older and shall be appointed from the state at large. The member shall not be actively engaged in or retired from any profession, occupation, or industry which is regulated pursuant to this subchapter.
(3)
The Secretary of the Department of Health, or his or her designee, shall be a member of the commission and shall serve as secretary of the commission and disbursing officer of funds appropriated to the commission for the treatment and cure of renal diseases.
(b)
Members shall be appointed for four-year terms to expire on January 14 of the members' fourth year of the appointed term. Members shall serve until their successors are appointed and qualified.
(c)
If a vacancy occurs on the commission due to death, resignation, or other cause, the vacancy shall be filled by appointment of the Governor of a person eligible for the initial appointment, as provided in subsection (a) of this section, for the remainder of the unexpired portion of the term of the member.
(d)
The commission shall annually elect one (1) of its members as chair and one (1) of its members as vice chair and such other officers as the commission deems necessary.
(e)
The commission shall meet at least one (1) time each calendar quarter and at such other times as may be designated by the commission's rules or upon call by the Chair of the State Kidney Disease Commission or upon written request of any four (4) members.
(f)
Members shall serve without pay but may receive expense reimbursement in accordance with §
25-16-901
et seq.
(g)
Members shall qualify by taking the oath of office as prescribed by law.
Amended by Act 2019, No. 910,§ 4999, eff. 7/1/2019.
Acts 1971, No. 450, §§ 2, 3; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 82-2502, 82-2503; Acts 1991, No. 848, § 1; 1997, No. 250, § 187.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 6 - RENAL DISEASES (§§ 20-15-601 — 20-15-605) › Section 20-15-604 - State Kidney Disease Commission - Advisory association

(a)
In developing rules and in determining standards for determining eligibility for financial assistance to persons suffering from chronic renal diseases who require lifesaving care and treatment for such renal diseases, the State Kidney Disease Commission shall consult with and obtain the advice of the Arkansas Association for Kidney Diseases, a nonprofit corporation organized under the laws of this state. This organization is recognized as the representative body to serve as an advisory association to the commission and to the deputy director of the appropriate division as determined by the Secretary of the Department of Health in carrying out their functions and duties under this subchapter.
(b)
Before promulgating rules and eligibility standards, the commission shall consult with the advisory association and shall give consideration to its recommendations in performing its duties under the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 1937, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5000, eff. 7/1/2019.
Acts 1971, No. 450, § 5; A.S.A. 1947, § 82-2505.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 6 - RENAL DISEASES (§§ 20-15-601 — 20-15-605) › Section 20-15-605 - State Kidney Disease Commission - Disbursement of funds

(a)
The Secretary of the Department of Health shall be the disbursing officer of funds appropriated by the General Assembly and of other funds made available to the State Kidney Disease Commission for such purposes. These funds are to provide monetary assistance to defray the cost incurred by patients suffering from acute or chronic renal disease who are unable to meet the total cost of their care or treatment from their own resources or from third-party resources.
(b)
The secretary shall be governed by the policies, rules, and procedures promulgated by the commission in disbursing funds appropriated, or otherwise made available, to the commission for renal disease treatment purposes.
Amended by Act 2019, No. 315,§ 1938, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5001, eff. 7/1/2019.
Acts 1971, No. 450, § 6; A.S.A. 1947, § 82-2506; Acts 1991, No. 848, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 7 - TUBERCULOSIS (§§ 20-15-701 — 20-15-710) › Section 20-15-701 - Definition

As used in this subchapter, "active tuberculosis" means that the disease is in a communicable or infectious stage as established by chest X-ray, microscopical examination of sputum, or other diagnostic procedures approved by the Secretary of the Department of Health.
Amended by Act 2019, No. 910,§ 5002, eff. 7/1/2019.
Acts 1955, No. 161, § 1; A.S.A. 1947, § 82-611.
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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 7 - TUBERCULOSIS (§§ 20-15-701 — 20-15-710) › Section 20-15-702 - Penalty

Any person who violates any of the provisions of this subchapter shall be guilty of a violation and upon conviction shall pay a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100).
Acts 1955, No. 161, § 14; A.S.A. 1947, § 82-624; Acts 2005, No. 1994, § 189.