reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 11 - MANAGED EXPANSION FOR CHILD HEALTH MANAGEMENT SERVICES (§§ 20-48-1101 — 20-48-1108) › Section 20-48-1103 - Prerequisites for certification and licensure

(a)
(1)
Certification and licensure are required for operation as an early intervention day treatment program.
(2)
Certification shall be granted on a countywide basis.
(b)
Before obtaining certification, an early intervention day treatment services program is required to apply to and obtain the approval of the Division of Developmental Disabilities Services to implement new early intervention day treatment services under the criteria established under this subchapter.
(c)
A certified early intervention day treatment services program with existing operations on July 1, 2013, shall not be required to obtain the approval of the division to continue existing operations.
Amended by Act 2019, No. 1035,§ 47, eff. 7/24/2019.
Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 11 - MANAGED EXPANSION FOR CHILD HEALTH MANAGEMENT SERVICES (§§ 20-48-1101 — 20-48-1108) › Section 20-48-1104 - Determination of underserved status for expansion of services

(a)
An expansion of early intervention day treatment services in a county is necessary when the Division of Developmental Disabilities Services of the Department of Human Services determines that a county is underserved with regard to:
(1)
Early intervention day treatment services; or
(2)
A specific category of early intervention day treatment services currently offered to children with developmental disabilities or delays.
(b)
As a condition of the issuance of a new certification to operate a child health management services program, a new license to operate a developmental day treatment clinic services program for children, or a new certification or license for a successor program, the division must determine that a county of the state is underserved in accordance with subsection (a) of this section.
(c)
(1)
The division shall have sixty (60) days from the date of an application for expansion of early intervention day treatment services in which to determine whether a county is underserved under subsection (a) of this section.
(2)
(A)
The division shall provide the applicant with a written report of its findings and conclusions by certified mail.
(B)
The division shall provide a copy of the report to the appropriate licensing or certification authority of the applicant.
(3)
If the division determines that the county is not underserved under subsection (a) of this section, the applicant shall have thirty (30) days from the date of the applicant's receipt of the written report in which to appeal the determination to the Office of Appeals and Hearings of the Department of Human Services under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 11 - MANAGED EXPANSION FOR CHILD HEALTH MANAGEMENT SERVICES (§§ 20-48-1101 — 20-48-1108) › Section 20-48-1105 - Order of priority for granting approval

(a)
When considering an application for approval under this subchapter for expansion of early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or any successor program services, the Division of Developmental Disabilities Services of the Department of Human Services shall give approval in the following order of preference:
(1)
A certified child health management services, a licensed developmental day treatment clinic services for children, or a successor program with existing operations in the county identified by the division as underserved;
(2)
A certified child health management services program, a licensed developmental day treatment clinic services for children, or a successor program from another county in the state;
(3)
An accredited entity in the underserved county;
(4)
An accredited entity from another county in the state; and
(5)
An accredited entity from outside the state.
(b)
The division shall not require accreditation of the following entities in order to approve the entity's application for expansion of early intervention day treatment services under this subchapter:
(1)
A certified child health management services program with existing operations on July 1, 2013;
(2)
A licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013;
(3)
A successor program that was a certified child health management services program with existing operations on July 1, 2013; or
(4)
A successor program that was a licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013.
Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 11 - MANAGED EXPANSION FOR CHILD HEALTH MANAGEMENT SERVICES (§§ 20-48-1101 — 20-48-1108) › Section 20-48-1106 - Notice of underserved area

(a)
The Division of Developmental Disabilities Services of the Department of Human Services shall provide written notice by certified mail of its designation under §
20-48-1104
to all child health management services programs, developmental day treatment clinic services programs for children, and successor programs with existing operations in the county designated by the division as underserved.
(b)
If all child health management services programs, developmental day treatment clinic services programs for children, and successor programs with existing operations in the county designated by the division as underserved determine not to expand early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or successor program services in the underserved county, the division shall provide written notice by certified mail of its designation under §
20-48-1104
to all providers of child health management services, developmental day treatment clinic services for children, and any successor program services in the remainder of the state.
(c)
If all child health management services programs, developmental day treatment clinic services programs for children, and successor programs in the remainder of the state determine not to expand early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or successor program services in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation.
Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 11 - MANAGED EXPANSION FOR CHILD HEALTH MANAGEMENT SERVICES (§§ 20-48-1101 — 20-48-1108) › Section 20-48-1107 - Rules

(a)
The Division of Developmental Disabilities Services of the Department of Human Services may adopt rules to implement this subchapter.
(b)
The division shall work with stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, in the development of rules under this subchapter.
Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 11 - MANAGED EXPANSION FOR CHILD HEALTH MANAGEMENT SERVICES (§§ 20-48-1101 — 20-48-1108) › Section 20-48-1108 - Successor program

(a)
On or before July 1, 2013, the Department of Human Services shall convene stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, to assist in determining the feasibility of combining or merging the child health management services program and the developmental day treatment clinic services program for children into a successor program.
(b)
(1)
This subchapter does not require a successor program to include child health management services programs operated by an academic medical center.
(2)
Child health management services programs operated by an academic medical center shall be subject to all other provisions of this subchapter, including without limitation §§
20-48-1103
and
20-48-1104
.
Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 49 - STERILIZATION OF MENTAL INCOMPETENTS (§§ 20-49-101 — 20-49-301) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-49-101 — 20-49-102) › Section 20-49-101 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Court" shall mean circuit court;
(2)
"Guardian" shall mean one appointed to have the care and custody of the person of an incompetent person; and
(3)
"Incompetent person" shall mean a person as to whom it is proved:
(A)
He or she is incapable of caring for himself or herself by reason of intellectual and developmental disability, mental illness, imbecility, idiocy, or other mental incapacity;
(B)
He or she manifests sexual inclinations which make it probable that he or she will procreate children unless he or she is rendered incapable of procreation; and
(C)
There is no probability that his or her condition will improve so that he or she will become capable of caring for himself or herself.
Amended by Act 2019, No. 1035,§ 48, eff. 7/24/2019.
Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 49 - STERILIZATION OF MENTAL INCOMPETENTS (§§ 20-49-101 — 20-49-301) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-49-101 — 20-49-102) › Section 20-49-102 - Sterilization by consent not restricted

Nothing contained in this chapter shall be construed to limit or restrict the right of a competent adult to consent to a sterilization procedure on himself or herself or to render liable any licensed hospital or its governing body or members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor any nurse or physician for the performance of a sterilization procedure upon a competent consenting adult.
Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 49 - STERILIZATION OF MENTAL INCOMPETENTS (§§ 20-49-101 — 20-49-301) › Subchapter 2 - STERILIZATION PURSUANT TO PETITION (§§ 20-49-201 — 20-49-207) › Section 20-49-201 - Proceedings generally

(a)
The circuit court shall have exclusive jurisdiction over all proceedings under this chapter, subject to the right of appeal.
(b)
The venue for all proceedings under this chapter shall be:
(1)
In the county of this state which is the domicile of the incompetent person; or
(2)
If the incompetent person is not domiciled in this state but resides in this state, in the county of his or her residence.
(c)
The court shall, on its own motion, appoint for the person who is allegedly incompetent a guardian ad litem, in compliance with the procedure set forth by law for infant defendants.
Amended by Act 2013, No. 1148,§ 58, eff. 8/16/2013.
Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 49 - STERILIZATION OF MENTAL INCOMPETENTS (§§ 20-49-101 — 20-49-301) › Subchapter 2 - STERILIZATION PURSUANT TO PETITION (§§ 20-49-201 — 20-49-207) › Section 20-49-202 - Petition

(a)
A guardian, in the case of an adult who is an alleged incompetent person, or a parent or guardian, in the case of a minor who is an alleged incompetent person, may petition the court for the sterilization, under this chapter, of an alleged incompetent.
(b)
The petition shall state and allege the following:
(1)
The name, age, sex, residence, and post office address of the alleged incompetent person;
(2)
The name, residence, and post office address of any guardians of the person who is an alleged incompetent person;
(3)
The names and addresses, so far as known or can reasonably be ascertained, of the persons most closely related to the alleged incompetent by blood or marriage;
(4)
The name and address of any person or institution having the care and custody of the alleged incompetent person; and
(5)
That the alleged incompetent person is incompetent, as defined in §
20-49-101(3)
.
Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 49 - STERILIZATION OF MENTAL INCOMPETENTS (§§ 20-49-101 — 20-49-301) › Subchapter 2 - STERILIZATION PURSUANT TO PETITION (§§ 20-49-201 — 20-49-207) › Section 20-49-203 - Notice of hearing

(a)
Notice of the hearing for sterilization need not be given to any person:
(1)
Who has signed the petition;
(2)
Who has in writing waived notice of the hearing;
(3)
Who actually appears at the hearing; or
(4)
Whose existence, relationship to the alleged incompetent person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained.
(b)
Except as provided in subsection (a) of this section, before the court may order sterilization, notice of the hearing shall be served at least twenty (20) days before the date set for the hearing upon the following:
(1)
The alleged incompetent person, if he or she is over fourteen (14) years of age;
(2)
The parents of the alleged incompetent person if the alleged incompetent person is a minor;
(3)
The spouse, if any, of the alleged incompetent person;
(4)
Any person who is a guardian of the person alleged incompetent or any other person who has the care and custody of the alleged incompetent person;
(5)
If there is neither known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incompetent person;
(6)
As directed by the court, any department, bureau, agency, institution, or political subdivision of the United States or of this state or any charitable organization which has or may be charged with the supervision, custody, control, or care of the alleged incompetent person; and
(7)
Any other person designated by the court.
(c)
(1)
If the incompetent person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had.
(2)
Service on others shall be had in accordance with §
28-1-112
.
Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 49 - STERILIZATION OF MENTAL INCOMPETENTS (§§ 20-49-101 — 20-49-301) › Subchapter 2 - STERILIZATION PURSUANT TO PETITION (§§ 20-49-201 — 20-49-207) › Section 20-49-204 - Hearing

(a)
(1)
In determining the incompetence of a person for whom sterilization is sought, the court shall require that the evidence of incompetence include the testimony of at least two (2) medical witnesses who shall be found by the court to be qualified. The testimony of one (1) witness may be by written statement.
(2)
If the alleged incompetent person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or a hospital or a penal institution, one (1) of the medical witnesses shall be a member of the medical staff of the hospital or institution.
(3)
The court in its discretion may appoint one (1) or more qualified medical examiners to examine the alleged incompetent person and report to the court under oath their findings with respect to the incompetent. The report shall be considered with other evidence in the case.
(4)
The court shall fix the fees to be paid the examiners, which shall be charged as part of the costs of the proceeding.
(b)
The alleged incompetent person shall be entitled to appear at the hearing unless two (2) qualified medical witnesses certify to the court that his or her appearance would result in extreme danger to himself or herself and others, to be represented by legal counsel, to present witnesses, to cross-examine witnesses, and otherwise to defend against the statements and allegations of the petition as in other cases at law or in equity.
(c)
The court in its order shall set forth in writing separate findings as to each of the statements and allegations contained in the petition.
(d)
A complete and written record shall be made and kept of all proceedings under this chapter.
(e)
(1)
The costs of the proceeding shall be paid by the petitioner.
(2)
The petitioner may be reimbursed for costs out of the estate of the alleged incompetent, as ordered by the court.
Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 49 - STERILIZATION OF MENTAL INCOMPETENTS (§§ 20-49-101 — 20-49-301) › Subchapter 2 - STERILIZATION PURSUANT TO PETITION (§§ 20-49-201 — 20-49-207) › Section 20-49-205 - Method of sterilization

If the petition is granted, the court may order that the incompetent be sterilized by X-ray or by vasectomy, in the case of a male incompetent person, or salpingectomy, in the case of a female incompetent person, or other procedure as at the time may constitute a procedure generally accepted by the medical profession, by a licensed medical practitioner at a licensed hospital.
Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 49 - STERILIZATION OF MENTAL INCOMPETENTS (§§ 20-49-101 — 20-49-301) › Subchapter 2 - STERILIZATION PURSUANT TO PETITION (§§ 20-49-201 — 20-49-207) › Section 20-49-206 - Appeal

An order for sterilization may be appealed from as in other cases at law or in equity, and no such order shall be executed during the time that an appeal may be taken or while an appeal is pending.
Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 49 - STERILIZATION OF MENTAL INCOMPETENTS (§§ 20-49-101 — 20-49-301) › Subchapter 2 - STERILIZATION PURSUANT TO PETITION (§§ 20-49-201 — 20-49-207) › Section 20-49-207 - Nonliability of physician or hospital

(a)
No action shall be brought against any licensed hospital or its governing body, the members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor against any physician, nurse, or other person who participates in the performance of a sterilization procedure pursuant to and in compliance with a court order issued under the provisions of this chapter.
(b)
Nothing contained in this section is intended to exempt from liability any physician, nurse, or other person who, in his or her acts or omissions to act, is found to have failed to observe the standard of care prescribed by law.
Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 50 - INTERSTATE COMPACT ON MENTAL HEALTH (§§ 20-50-101 — 20-50-106) › Section 20-50-102 - Compact administrator - Powers and duties

(a)
Under this compact, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, or his or her designee, shall be the compact administrator and, acting jointly with like officers of other party states, shall have power to promulgate rules to carry out more effectively the terms of the compact.
(b)
The compact administrator is authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreements entered into by this state thereunder.
Amended by Act 2017, No. 913,§ 91, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 16, eff. 8/16/2013.
Acts 1971, No. 433, ch. 9, § 2; A.S.A. 1947, § 59-802; Acts 1995, No. 829, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 50 - INTERSTATE COMPACT ON MENTAL HEALTH (§§ 20-50-101 — 20-50-106) › Section 20-50-103 - Supplementary agreements

(a)
The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Article VII and Article XI of the compact.
(b)
In the event that supplementary agreements shall require or contemplate the use of any institution or facility of this state, or require or contemplate the provision of any service by this state, no such agreements shall have force or effect until approved by the head of the department or agency under whose jurisdiction those institutions or facilities are operated or whose department or agency will be charged with the rendering of such service.
Acts 1971, No. 433, ch. 9, § 3; A.S.A. 1947, § 59-803.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 50 - INTERSTATE COMPACT ON MENTAL HEALTH (§§ 20-50-101 — 20-50-106) › Section 20-50-104 - Payments

The compact administrator, subject to the approval of the Chief Fiscal Officer of the State, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
Acts 1971, No. 433, ch. 9, § 4; A.S.A. 1947, § 59-804.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 50 - INTERSTATE COMPACT ON MENTAL HEALTH (§§ 20-50-101 — 20-50-106) › Section 20-50-105 - Transfer of persons

The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the circuit court, if the proposed transferee was committed by such court.
Acts 1971, No. 433, ch. 9, § 5; A.S.A. 1947, § 59-805.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 50 - INTERSTATE COMPACT ON MENTAL HEALTH (§§ 20-50-101 — 20-50-106) › Section 20-50-106 - Copies of chapter transmitted to other jurisdictions

Authorized copies of this chapter shall, upon its approval, be transmitted by the Secretary of State to the Governor of each state, the Attorney General, and the United States Secretary of State, and the Council of State Governments.
Acts 1971, No. 433, ch. 9, § 6; A.S.A. 1947, § 59-806.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-201 - Title

This subchapter may be cited as the "Food, Drug, and Cosmetic Act".
Acts 1953, No. 415, § 1; A.S.A. 1947, § 82-1101.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-203 - Applicability

The provisions of this subchapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale and includes the sale, dispensing, and giving of any such article and the supplying or applying of the articles in the conduct of any food, drug, or cosmetic establishment.
Acts 1953, No. 415, § 2; A.S.A. 1947, § 82-1102.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-204 - Notice of minor violations

Nothing in this subchapter shall be construed as requiring the State Board of Health to report for the institution of proceedings under this subchapter any minor violations of this subchapter whenever the board believes that the public interest will be adequately served under the circumstances by a suitable written notice or warning to the violators.
Acts 1953, No. 415, § 8; A.S.A. 1947, § 82-1108.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-206 - Duty of prosecuting attorney

It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
Acts 1953, No. 415, § 7; A.S.A. 1947, § 82-1107.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-207 - Injunctions authorized

In addition to the remedies provided in §
20-56-205
, the State Board of Health is authorized to apply to the proper circuit court for, and the court shall have jurisdiction, upon hearing and for cause shown, to grant, a temporary or permanent injunction restraining any person from violating any provision of §
20-56-215
, whether or not there exists an adequate remedy at law.
Acts 1953, No. 415, § 4; A.S.A. 1947, § 82-1104.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-208 - Adulterated food

A food shall be deemed to be adulterated:
(1)
(A)
If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health.
(B)
However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity of the substance in the food does not ordinarily render the food injurious to health;
(2)
If the food bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of §
20-56-218
;
(3)
If the food consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if the food is otherwise unfit for human consumption;
(4)
If the food has been produced, prepared, packed, or held under insanitary conditions where the food may have become contaminated with filth, or where the food may have been rendered diseased, unwholesome, or injurious to health;
(5)
If the food is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed, or has otherwise fed upon, the uncooked offal of other animals;
(6)
If the food's container is composed, in whole or in part, of any poisonous or deleterious substance which may render the food injurious to health;
(7)
If any valuable constituent has been, in whole or in part, omitted or abstracted from the food;
(8)
If any substance has been substituted wholly or in part for the food;
(9)
If damage or inferiority has been concealed in any manner;
(10)
If any substance has been added, mixed, or packed with the food to increase the food's bulk or weight, to reduce the food's quality or strength, or to make the food appear better or of greater value than the food is;
(11)
(A)
If the food is confectionery and the food bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (4/10 of 1%), harmless natural wax not in excess of four-tenths of one percent (4/10 of 1%), harmless natural gum, and pectin.
(B)
However, this subdivision (11) shall not apply to:
(i)
Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances; or
(ii)
Chewing gum containing harmless nonnutritive masticatory substances; or
(12)
If the food bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 301
.
Amended by Act 2017, No. 1035,§ 6, eff. 8/1/2017.
Amended by Act 2015, No. 1157,§ 5, eff. 7/22/2015.
Acts 1953, No. 415, § 10; A.S.A. 1947, § 82-1110.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-210 - Adulterated drug or device

A drug or device shall be deemed to be adulterated:
(1)
(A)
If it consists in whole or in part of any filthy, putrid, or decomposed substance;
(B)
If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health;
(C)
If it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
(D)
If it is a drug and it bears or contains, for purposes of coloring only, a coal tar color other than one from a batch certified under the authority of the Federal Food, Drug, and Cosmetic Act;
(2)
If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium. The determination as to strength, quality, or purity of the drug or device shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence of or inadequacy of the tests or methods of assay, those prescribed under authority of the Federal Food, Drug, and Cosmetic Act. No drug defined in an official compendium shall be deemed to be adulterated under this subdivision (2) because it differs from the standard of strength, quality, or purity set forth in the compendium if its difference in strength, quality, or purity from the standard is plainly stated on its label. Whenever a drug is recognized in both the
United States Pharmacopoeia
and the
Homeopathic Pharmacopoeia of the United States
, it shall be subject to the requirements of the
United States Pharmacopoeia
unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the
Homeopathic Pharmacopoeia of the United States
and not to those of the
United States Pharmacopoeia
;
(3)
If it is not subject to the provisions of subdivision (2) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess; or
(4)
If it is a drug and any substance has been:
(A)
Mixed or packed therewith so as to reduce its quality or strength; or
(B)
Substituted wholly or in part therefor.
Acts 1953, No. 415, § 14; A.S.A. 1947, § 82-1114.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-212 - Adulterated cosmetic

A cosmetic shall be deemed to be adulterated:
(1)
If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. However, this provision shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution - This product contains ingredients which may cause skin irritation on certain individuals, and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate direction for such preliminary testing. For the purposes of this subdivision (1) and subdivision (5) of this section, the term "hair dye" shall not include eyelash dyes or eyebrow dyes;
(2)
If it consists in whole or part of any filthy, putrid, or decomposed substance;
(3)
If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health;
(4)
If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
(5)
If it is not a hair dye and it bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act.
Acts 1953, No. 415, § 16; A.S.A. 1947, § 82-1116.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-213 - Misbranded cosmetic

A cosmetic shall be deemed to be misbranded:
(1)
If its labeling is false or misleading in any particular;
(2)
If in package form unless it bears a label containing:
(A)
The name and place of business of the manufacturer, packer, or distributor; and
(B)
An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by rules prescribed by the State Board of Health;
(3)
If any word, statement, or other information required by or under authority of this subchapter to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(4)
If its container is so made, formed, or filled as to be misleading.
Amended by Act 2019, No. 315,§ 2170, eff. 7/24/2019.
Acts 1953, No. 415, § 17; A.S.A. 1947, § 82-1117.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-214 - False or misleading advertisement

(a)
An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b)
(1)
(A)
For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions:
(i)
Albuminuria;
(ii)
Appendicitis;
(iii)
Arteriosclerosis;
(iv)
Blood poison;
(v)
Bone disease;
(vi)
Bright's disease;
(vii)
Cancer;
(viii)
Carbuncles;
(ix)
Cholecystitis;
(x)
Diabetes;
(xi)
Diphtheria;
(xii)
Dropsy;
(xiii)
Erysipelas;
(xiv)
Gallstones;
(xv)
Heart and vascular diseases;
(xvi)
High blood pressure;
(xvii)
Mastoiditis;
(xviii)
Measles;
(xix)
Meningitis;
(xx)
Mumps;
(xxi)
Nephritis;
(xxii)
Otitis media;
(xxiii)
Paralysis;
(xxiv)
Pneumonia;
(xxv)
Poliomyelitis or infantile paralysis;
(xxvi)
Prostate gland disorders;
(xxvii)
Pyelitis;
(xxviii)
Scarlet fever;
(xxix)
Sexual impotence;
(xxx)
Sexually transmitted disease;
(xxxi)
Sinus infection;
(xxxii)
Smallpox;
(xxxiii)
Tuberculosis;
(xxxiv)
Tumors;
(xxxv)
Typhoid; or
(xxxvi)
Uremia.
(B)
An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device.
(2)
However, whenever the State Board of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in subdivision (b)(1)(A) of this section, the board shall by rule authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health.
(3)
This subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
Amended by Act 2019, No. 315,§ 2171, eff. 7/24/2019.
Acts 1953, No. 415, § 18; A.S.A. 1947, § 82-1118; Acts 2007, No. 827, § 170.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-215 - Prohibited acts

The following acts and the causing thereof within the State of Arkansas are prohibited:
(1)
The manufacture or sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated, misbranded, or abandoned;
(2)
The adulteration, misbranding, or abandoning of any food, drug, device, or cosmetic;
(3)
The receipt in commerce of any food, drug, device, or cosmetic knowing it to be adulterated, misbranded, or abandoned, and the delivery or proffered delivery thereof for pay or otherwise;
(4)
The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of §
20-56-217
;
(5)
The dissemination of any false advertisement;
(6)
The refusal to permit entry or inspection or to permit the taking of a sample, as authorized by §
20-56-220
;
(7)
The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the State of Arkansas from whom he or she recieved in good faith the food, drug, device, or cosmetic;
(8)
The removal or disposal of a detained or embargoed article in violation of §
20-56-216
;
(9)
The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic if the act is done while the article is held for sale and results in the article's being misbranded; and
(10)
Forging, counterfeiting, simulating, falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by rules promulgated under the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2172, eff. 7/24/2019.
Acts 1953, No. 415, § 3; A.S.A. 1947, § 82-1103; Acts 1991, No. 924, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-217 - Contamination with microorganisms

(a)
Whenever the State Board of Health finds after investigation that the distribution in Arkansas of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that the injurious nature cannot be adequately determined after the articles have entered commerce, it then, and in that case only, shall promulgate rules providing for the issuance of permits to manufacturers, processors, or packers of the class of food in the locality. To these permits shall be attached such conditions governing the manufacture, processing, or packing of the class of food for such temporary period of time as may be necessary to protect the public health. After the effective date of the rules and during the temporary period, no person shall introduce or deliver for introduction into commerce any food manufactured, processed, or packed by any manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the board as provided by the rules.
(b)
The board is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of the permit. The board shall, immediately after prompt hearing and an inspection of the establishment, reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended.
(c)
Any officer or employee designated by the board shall have access to any factory or establishment, the operator of which holds a permit from the board, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for the inspection shall be grounds for suspension of the permit until access is freely given by the operator.
Amended by Act 2019, No. 315,§ 2173, eff. 7/24/2019.
Acts 1953, No. 415, § 12; A.S.A. 1947, § 82-1112.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-218 - Poisonous or deleterious substance - Rules for use

(a)
Any poisonous or deleterious substance added to any food, except where the substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of §
20-56-208(2)
, but when the substance is so required or cannot be so avoided, the State Board of Health shall promulgate rules limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of the public health. Any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of §
20-56-208(2)
.
(b)
While such a rule is in effect limiting the quantity of any substance in the case of any food, the food shall not, by reason of bearing or containing any added amount of the substance not in excess of the limit established by rule, be considered to be adulterated within the meaning of §
20-56-208(1)
.
(c)
In determining the quantity of the added substance to be tolerated in or on different articles of food, the board shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
Amended by Act 2019, No. 315,§ 2174, eff. 7/24/2019.
Acts 1953, No. 415, § 13; A.S.A. 1947, § 82-1113.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-219 - State Board of Health - Authority to regulate

(a)
(1)
The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health.
(2)
The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those promulgated under the Federal Food, Drug, and Cosmetic Act.
(b)
(1)
Before promulgating any rules contemplated by §
20-56-209(10)
, §
20-56-211(4)
, §
20-56-211(6)
-(8), §
20-56-214(b)
, §
20-56-217
, or subsection (c) of this section, the board shall give appropriate notice of the proposal and of the time and place for a hearing.
(2)
The rule so promulgated shall become effective on a date fixed by the board which shall not be before thirty (30) days after its promulgation.
(3)
The rule may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a rule amending or repealing a rule, the board, to such an extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date.
(c)
(1)
Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate rules fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container.
(2)
In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label.
(3)
The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Food, Drug, and Cosmetic Act.
Amended by Act 2019, No. 315,§ 2175, eff. 7/24/2019.
Acts 1953, No. 415, §§ 9, 19; A.S.A. 1947, §§ 82-1109, 82-1119.