reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 034 - Capitol Zoning District Commission › Rule 034.00.19-001 - 2019 Transformation Act language

Current through Register Vol. 49, No. 6, June, 2024
Capitol Zoning General Standards, Section 1-102
Authority
(page 4)
A. By Act 267 of 1975, as amended, the
		  Seventieth General Assembly of the State of Arkansas created a Capitol Zoning
		  District and a Capitol Zoning District Commission to supervise zoning within
		  the district, to develop a Capitol Zoning District Master Plan and for other
		  purposes. By the Transformation and Efficiencies Act of 2019, the Ninety-Second
		  General Assembly made the Capitol Zoning District Commission an agency of the
		  Department of Parks, Heritage, and Tourism.
Capitol Zoning General Standards, Section 2-102
Administration
(page 5)
C. The Capitol Zoning District Commission
		  shall employ a director in consultation with the Secretary of the Department of
		  Parks, Heritage and Tourism to establish procedures for coordinating with the
		  City of Little Rock and administration of this Master Plan .
Capitol Zoning General Standards, Section 2-109
Appeals
(page 20)
C. Any person aggrieved by any rule,
		  regulation, order or decision of the Capitol Zoning District Commission, or of
		  any decision by staff that the Commission has declined to review, made on or
		  after July 1, 2019 may appeal the action to the Secretary of the Department of
		  Parks, Heritage, and Tourism as set forth in A.C.A.
		  22-3-310,
		  as amended. The appeal shall be made in writing within 30 days of the action in
		  question and shall state the reason for the appeal. All appeals should be
		  mailed via certified mail to: Secretary, Department of Parks, Heritage and
		  Tourism, 1100 North Street, Little Rock, AR 72201.
1. The Secretary of the Department of Parks,
		  Heritage, and Tourism shall notify the Commission within 10 business days of
		  such an appeal.
2. Within 10
		  business days from receipt of such notice, the Director of the Capitol Zoning
		  District Commission shall provide a record of all proceedings concerning the
		  action including a copy of all materials constituting the administrative record
		  to the Secretary of the Department of Parks, Heritage, and Tourism.
3. The Secretary of the Department of Parks,
		  Heritage, and Tourism shall overturn the decision of the Commission upon a
		  finding that the Commission's decision is clearly erroneous.
4. Within 60 days of receipt of the record,
		  the Secretary of the Department of Parks, Heritage, and Tourism shall notify in
		  writing the appellant and the Commission of his or her decision.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.04-002 - Article V - Involving Advertising; Article VI - Concerning Name of Practice

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE V
A. General Statement. Although any dentist
		  may advertise, no dentist shall advertise or solicit patients in any form of
		  communication in a manner that is false or misleading in any material respect.
		  "False or misleading in any material respect means communications shall be
		  avoided which would:
1. Contain a material
		  misrepresentation of fact.
2. Omit
		  a fact necessary to make the statement considered as a whole not materially
		  misleading.
3. Contain a
		  representation or implication regarding the quality of dental services which
		  would suggest unique or general superiority to other practitioners which is not
		  susceptible to reasonable verification by the public.
4. Be intended or be likely to create an
		  unjustified expectation about results the dentist can acheive.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.06-001 - Article IX: Credentials Required in Issuing Dental or Dental Hygiene License - Credentials for Foreign Trained Dentists

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE
		  IX
RULE Credentials Required in Issuing Dental or Dental
		  Hygiene License
A. By the authority of
		  ACA §
								17-82-308,
		  a dentist who desires to practice his profession in the State of Arkansas may
		  apply in writing to the State Board of Dental Examiners for a license by
		  credentials pursuant to the following requirements:
1. Applicant must be a graduate of:
a.
a dental school that is
		  accredited by the Commission on Dental Accreditation (CODA)
		  or
b.
a
		  non-CODA accredited dental school in a foreign county and must show
		  satisfactory evidence of the successful completion of at least two years of
		  pre-doctoral academic and clinical years of dental school education at a CODA
		  accredited dental school, or
c.
a non-CODA accredited dental
		  school in a foreign county and have successfully completed a 2-year advanced
		  education program in general dentistry or an ADA recognized specialty in an
		  CODA accredited dental school.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.08-002 - Article XIV: Continuing Education for Dentists and Dental Hygienists

Current through Register Vol. 49, No. 6, June, 2024
A. Purpose: The
		  Rules in this chapter set forth the requirements and guidelines for minimum
		  continuing education for dentists and dental hygienists.
B. Definitions: For the purpose of these
		  rules on continuing education, these definitions shall apply:
Board
refers to the Arkansas State Board
			 of Dental Examiners (ASBDE).
Continuing Education Unit ICEU1
One [1)
			 continuing education unit equals a minimum of fifty [50) minutes. A one-half
			 (1/2) contact hours equals a minimum of twenty-five (25) minutes.
Course
is a planned educational
			 experience. License is any person licensed to practice dentistry or dental
			 hygiene in the state of Arkansas.
Reporting Period
is the length of time
			 in each continuing education cycle; two calendar years.
C. Scope:
Beginning January 1, 1994, each Arkansas licensee shall comply
			 with these minimum continuing education requirements. To regain an active
			 license, the licensee must have completed the required CE credits for one
			 reporting period before regaining an active status license. Said CE credits
			 must be earned within the immediate two-year period prior to regaining an
			 active status license.
D.
		  Minimum Continuing Education Requirements for Licensees: ASBDE shall require
		  acceptable continuing education as a prerequisite for license renewal. Failure
		  to comply with the minimum continuing education requirements may result in the
		  inability to renew a license or revocation of a license.
1. Units required for dentists: The
		  requirement for minimum continuing education for Arkansas licensed dentists
		  will be fifty (50) credit units for every two (2) year reporting period. The
		  first reporting period will begin January 1, 1994 and end December 31,1995.
		  Each reporting period will start on an even numbered year.
2. Units required for dental hygienists: The
		  requirement for minimum continuing education for Arkansas licensed dental
		  hygienists will be forty [40) units for every two (2) year reporting period.
		  The first reporting period will begin January 1, 1994 and end December 31,
		  1995. Each reporting period will start on an even numbered year.
3. Requirements for new Licensees: The
		  requirement for minimum continuing education for new licensees (dentists and
		  dental hygienists) will begin January 1 of the calendar year following their
		  licensure and be pro-rated if not at the start of the new reporting
		  period.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.09-002 - Article XVII - Dental Assistant Functions

Current through Register Vol. 49, No. 6, June, 2024
A.
ALL FUNCTIONS DELEGATED TO A DENTAL
		  ASSISTANT MUST BE PERFORMED UNDER PERSONAL SUPERVISION. PERSONAL SUPERVISION
		  MEANS:
1. The Dentist is in the office
		  or treatment facility.
2. The
		  Dentist has personally diagnosed the condition to be treated,
3. The Dentist has personally authorized the
		  procedures.
4. The Dentist remains
		  in the office or treatment facility while the procedures are being
		  performed.
5. The Dentist evaluates
		  the performance of the Dental Assistant before the dismissal of the patient.
The supervising licensed Dentist is responsible for determining
			 the appropriateness of delegation of any specific function based upon knowledge
			 of the skills of the assistant, the needs of the patient, the requirements of
			 the task and whether proof of competence is required.
The Dentist is ultimately responsible for patient care, Nothing
			 contained in the authority given the Dentist by this rule to delegate the
			 performance of certain procedures shall in any way relieve the supervising
			 Dentist from the liability to the patient for negligent performance by a Dental
			 Assistant.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.09-005 - Article VIII - Licensure Requirements of Dential Hygienists

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE VIII
REQUIREMENTS FOR LICENSURE OF DENTISTS AND DENTAL HYGIENISTS
A. A dentist who desires to practice his/her
		  profession in the State of Arkansas under Arkansas Code Annotated §
								17-82-304
		  may apply to the Arkansas State Board of Dental Examiners for a license to
		  practice pursuant to the following requirements:
1. Completion of a Board application with
		  photograph taken within the last six months, signed on the last page before a
		  Notary Public.
2. Be a graduate of
		  a school for the education and training of dentists approved by the Board and
		  accredited by the American Dental Association, Commission on Dental
		  Accreditation.
3. Final transcript
		  of grades from the school of dentistry sent directly from the school to the
		  Board office. Transcript must bear the school seal.
4. Copy of diploma reflecting graduation from
		  a school of dentistry.
5.
		  Successful completion of the National Board Examination for Dentistry,
		  administered by the Joint Commission on National Dental Examinations. A copy of
		  the results must be sent directly from the Joint Commission to the Board
		  office. Copies of the card will not be accepted. Successful completion shall
		  mean a minimum of 75% on each segment of the examination.
6. Satisfactory completion of a clinical
		  examination, which will be administered by the Southern Regional Testing
		  Agency. Satisfactory completion shall mean a minimum score of 75% on each
		  segment of the examination.
7.
		  Completion of other forms as requested by the Board.
8. A copy of a certificate showing current
		  health care provider level cardiopulmonary resuscitation (CPR)
		  certification.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.11-001 - Article XVII: Governing dental assistant expanded duty functions

Current through Register Vol. 49, No. 6, June, 2024
Article XVII
Dental Assistant Functions
A. ALL
		  FUNCTIONS DELEGATED TO A DENTAL ASSISTANT MUST BE PERFORMED UNDER PERSONAL
		  SUPERVISION. PERSONAL SUPERVISION MEANS:
1.
		  The Dentist is in the office or treatment facility,
2. The Dentist has personally diagnosed the
		  condition to be treated.
3. The
		  Dentist has personally authorized the procedures.
4. The Dentist remains in the office or
		  treatment facility while the procedures are being performed.
5. The Dentist evaluates the performance of
		  the Dental Assistant before the dismissal of the patient.
The supervising licensed Dentist is responsible for determining
			 the appropriateness of delegation of any specific function based upon knowledge
			 of the skills of the assistant, the needs of the patient the requirements of
			 the task and whether proof of competence is required.
The Dentist is ultimately responsible for patient care. Nothing
			 contained in the authority given the Dentist by this rule to delegate the
			 performance of certain procedures shall in any way relieve the supervising
			 Dentist from the liability to the patient for negligent performance by a Dental
			 Assistant.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.11-002 - Article XI: Regarding the functions of a Dental Hygienist

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE XI
DENTAL HYGIENISTS
		  FUNCTIONS
Definitions pertaining to Dental Hygiene Functions:
INDIRECT SUPERVISION:
The dentist authorizes the
			 procedures and remains in the treatment facility while the procedures are being
			 performed.
OPERATIVE SUPERVISION:
The dentist authorizes the
			 procedures and remains in the operatory while the procedures are being
			 performed, and evaluates the results prior to leaving the operatory.
GENERAL SUPERVISION:
The dentist authorizes the
			 procedures but is not required to be present in the treatment facility while
			 the procedures are being performed by the dental hygienist.
A. EXCLUSIVE FUNCTIONS TO BE PERFORMED BY A
		  DENTAL HYGIENIST WHEN DELEGATED BY A DENTIST
1. Effective and safe delivery of certain
		  services to the public is dependent upon making judgments and utilizing skills
		  that require synthesis and application of knowledge acquired in accredited
		  dental hygiene education programs and cannot be delegated to any dental staff
		  member other than a licensed, registered dental hygienist.
2. The following functions may only be
		  delegated to a licensed dental hygienist:
a.
		  Oral examination. Elements of these examinations include charting of carious
		  lesions and other abnormalities, periodontal charting and assessment of
		  periodontal conditions, treatment planning for dental hygiene services and oral
		  cancer screening. The dental hygienists may dictate the examination findings to
		  a dental assistant who may then record the data on the patient's dental
		  record.
b. Oral prophylaxis,
		  scaling, root planing, and curettage. If a laser instrument is used, the dental
		  hygienist and their supervising dentist must submit to the Board proof of
		  successful completion of an approved educational course on the use of that type
		  of laser prior to its usage for any patient treatment.
c. Using air driven, electric, sonic,
		  ultrasonic, or otherwise powered scalers or polishers (except for dental
		  assistants possessing an expanded duties permit for polishing).
d. Placing medicaments as prescribed by the
		  supervising dentist into the sulcus or periodontal pockets, for periodontal
		  diseases.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.12-002 - Article VIII (A)(6) - Requirement for Licensure, Clinicial Examination

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE VIII.
		  REQUIREMENTS FOR LICENSURE OF DENTISTS AND DENTAL HYGIENISTS
A.
6.
		  Satisfactory completion of a clinical examination, which will be administered
		  by the Arkansas State Board of Dental Examiners or any regional testing agency,
		  whose examination is accepted by the Arkansas State Board of Dental Examiners
		  for the initial licensure of a dentist. Satisfactory completion shall mean a
		  minimum score of 75% on each segment of the examination.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.13-002 - Article XVII - Dental Assistant Functions

Current through Register Vol. 49, No. 6, June, 2024
A. ALL FUNCTIONS DELEGATED TO A DENTAL
		  ASSISTANT MUST BE PERFORMED UNDER PERSONAL SUPERVISION. PERSONAL SUPERVISION
		  MEANS:
1. The Dentist is in the office or
		  treatment facility.
2. The Dentist
		  has personally diagnosed the condition to be treated.
3. The Dentist has personally authorized the
		  procedures.
4. The Dentist remains
		  in the office or treatment facility while the procedures are being
		  performed.
5. The Dentist evaluates
		  the performance of the Dental Assistant before the dismissal of the patient.
The supervising licensed Dentist is responsible for determining
			 the appropriateness of delegation of any specific function based upon knowledge
			 of the skills of the assistant, the needs of the patient, the requirements of
			 the task and whether proof of competence is required.
The Dentist is ultimately responsible for patient care. Nothing
			 contained in the authority given the Dentist by this rule to delegate the
			 performance of certain procedures shall in any way relieve the supervising
			 Dentist from the liability to the patient for negligent performance by a Dental
			 Assistant.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.15-002 - Article VIII: Requirements for Licensure of Dentists and Dental Hygienists

Current through Register Vol. 49, No. 6, June, 2024
A. A
		  dentist who desires to practice his/her profession in the State of Arkansas
		  under Arkansas Code Annotated §
							17-82-304
		  may apply to the Arkansas State Board of Dental Examiners for a license to
		  practice pursuant to the following requirements:
1. Completion of a Board application with
		  photograph taken within the last six months, signed on the last page.
2. Be a graduate of a school for the
		  education and training of dentists approved by the Board and accredited by the
		  American Dental Association, Commission on Dental Accreditation.
3. Final transcript of grades from the school
		  of dentistry sent directly from the school to the Board office. Transcript must
		  bear the school seal and reflect the awarding of a degree.
4. Successful completion of the National
		  Board Examination for Dentistry, administered by the Joint Commission on
		  National Dental Examinations. A copy of the results must be sent directly from
		  the Joint Commission to the Board office. Copies of the card will not be
		  accepted. Successful completion shall mean a minimum of 75% on each segment of
		  the examination.
5. Satisfactory
		  completion of a clinical examination, which will be administered by the
		  Arkansas State Board of Dental Examiners or any regional testing agency whose
		  examination is accepted by the Arkansas State Board of Dental Examiners for the
		  initial licensure of a dentist. Satisfactory completion shall mean a minimum
		  score of 75% on each segment of the examination.
6. Completion of other forms as requested by
		  the Board.
7. A copy of a
		  certificate showing current Healthcare Provider Level cardiopulmonary
		  resuscitation (CPR) certification.
Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.18-005 - Article XX

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE XX
PRESCRIBING
1. Pursuant to Act
		  820 of 2017, a prescriber who prescribes Schedule drugs shall be required by
		  the Board to register with the Prescription Drug Monitoring Program and access
		  patient information before writing a prescription for an opioid.
2. A practitioner who fails to access the
		  Prescription Drug Monitoring Program as required is subject to disciplinary
		  action by the Board.
3. PRESCRIBER
		  REQUIREMENTS:
a. It is incumbent of dentist to
		  prescribe sufficient but minimal opiate medications. Any prescription for a
		  Scheduled II or III opiate shall not exceed the total maximum manufacturer's
		  recommended daily dose for a total of 7 days administration (7 time the
		  MRDD).
b. Patient record must be
		  documented for need of any re-dosing.
c. Dentist shall check the information in the
		  Prescription Drug Monitoring Program when prescribing:
i. An opioid from Schedule II or III for
		  every time prescribing the medication to a patient; and
ii. A benzodiazepine medication for the first
		  time prescribing the medication to a patient
d. Within the first two (2) years of being
		  granted a license in the state, a prescriber shall obtain a minimum of three
		  (3) hours of prescribing education approved by the board under this section
		  shall include:
i. Options for online and in
		  person programs; and
ii.
		  Information on prescribing rules, regulations, and laws that apply to
		  individuals who are licensed in Arkansas.
iii. Information and instructions on
		  prescribing controlled substances, records keeping and maintain safe and
		  professional boundaries.
e. Current license in the state have until
		  December 31, 2019 to complete the minimum three (3) hours of prescribing
		  education referenced in this article 3.d.
Arkansas Administrative Code › Agency 043 - Board of Embalmers and Funeral Directors › Rule 043.00.12-001 - Rule Changes: Section I, II, IV, IX, XIV, XVII

Current through Register Vol. 49, No. 6, June, 2024
Funeral Director & Embalmers Final Rule Changes Reviewed
			 2/8/2012
RULE I
DEFINITIONS
24.
FINAL
		  DISPOSITION.
Final Disposition is defined as earth interment, above
		  ground entombment, delivery directly, or through a licensed transportation
		  service to a crematory for a cremation, delivery directly, or through a
		  licensed transportation service to the proper agency for burial at sea, or
		  delivery directly, or through a licensed transportation service to a medical
		  institution for lawful dissection and experimentation.
44.
MANAGER.
Manager oversees
		  the day to day operations of a licensed funeral establishment. Managers must be
		  a current licensed funeral director and is ultimately responsible for
		  everything that takes place in or around the funeral home or mortuary service.
		  This would also include apprentices and other licensees that work at the
		  establishment.
45.
AUTHORITY
		  HAVING JURISDICTION OR "AHJ".
Means the individual or office in this or
		  another state that has authority to release dead human bodies for final
		  disposition.
Arkansas Administrative Code › Agency 045 - Board of Finance › Rule 045.00.17-003 - Money Management Trust Policy and Procedures Manual

Current through Register Vol. 49, No. 6, June, 2024
I.
GENERAL
A.
PURPOSE
The State Treasury Money Management Trust (STMMT) is a vehicle to
			 be used by State Agencies, local governments, and subdivisions for enhancing
			 investment opportunities and earnings of idle cash funds. Cash managers who may
			 have been limited by small amounts of funds available for investment or by the
			 complexities of today's investment environment can take advantage of the volume
			 and expertise offered by the State Treasury.
Ark. Code Ann. §
									19-3-601
et. seq.
provides authorization for various entities to invest
			 in the STMMT. This includes state agencies, any city, county, school district,
			 or community college, any department, instrumentality, or agency of any of
			 those entities; and the State Treasury.
This manual has been approved by the State Board of
			 Finance.
B.
OBJECTIVES
The STMMT was designed to afford State Agencies and other local
			 governments another investment option for their cash funds. To that end, the
			 STMMT's objectives will be safety, liquidity, and return on investment.
			 Participants with relatively small amounts of money can take advantage of the
			 economies of scale provided by joint investment. All participants can take
			 advantage of the State Treasury's internal compliance protocols.
Arkansas Administrative Code › Agency 045 - Board of Finance › Rule 045.00.18-004 - STMT Policy, State Treasury Money Management Trust Policy 2018-2

Current through Register Vol. 49, No. 6, June, 2024
I.
GENERAL
A.
PURPOSE
The State Treasury Money Management Trust (STMMT) is a vehicle to
			 be used by State Agencies, local governments, and subdivisions for enhancing
			 investment opportunities and earnings of idle cash funds. Cash managers who may
			 have been limited by small amounts of funds available for investment or by the
			 complexities of today's investment environment can take advantage of the volume
			 and expertise offered by the State Treasury.
Ark. Code Ann. §
									19-3-601
et. seq.
provides authorization for various entities to invest
			 in the STMMT. This includes state agencies, any city, county, school district,
			 or community college, any department, instrumentality, or agency of any of
			 those entities; and the State Treasury.
This manual has been approved by the State Board of
			 Finance.
B.
OBJECTIVES
The STMMT was designed to afford State Agencies and other local
			 governments another investment option for their cash funds. To that end, the
			 STMMT's objectives will be safety, liquidity, and return on investment.
			 Participants with relatively small amounts of money can take advantage of the
			 economies of scale provided by joint investment. All participants can take
			 advantage of the State Treasury's internal compliance protocols.
Arkansas Administrative Code › Agency 045 - Board of Finance › Rule 045.00.19-002 - Rule 2019-3 State Treasury Money Management Trust Policy

Current through Register Vol. 49, No. 6, June, 2024
I.
GENERAL
A.
PURPOSE
The State Treasury Money Management Trust (STMMT) is a vehicle to
			 be used by State Agencies, local governments, and subdivisions for enhancing
			 investment opportunities and earnings of idle cash funds. Cash managers who may
			 have been limited by small amounts of funds available for investment or by the
			 complexities of today's investment environment can take advantage of the volume
			 and expertise offered by the State Treasury.
Ark. Code Ann. §
									19-3-601
et. seq.
provides authorization for various entities to invest
			 in the STMMT. This includes state agencies, any city, county, school district,
			 or community college, any department, instrumentality, or agency of any of
			 those entities; and the State Treasury.
This manual has been approved by the State Board of
			 Finance.
B.
OBJECTIVES
The STMMT was designed to afford State Agencies and other local
			 governments another investment option for their cash funds. To that end, the
			 STMMT's objectives will be safety, liquidity, and return on investment.
			 Participants with relatively small amounts of money can take advantage of the
			 economies of scale provided by joint investment. All participants can take
			 advantage of the State Treasury's internal compliance protocols.
Arkansas Administrative Code › Agency 046 - Board of Registration for Foresters › Rule 046.00.06-001 - Roster of Registered Foresters (April 2006)

Current through Register Vol. 49, No. 6, June, 2024
Subchapter 1.
General
		  Provisions
17-31-101.
Title and purpose
.
(a) This chapter may be referred to and cited
		  as the 'State Board of Registration for Foresters Act."
(b) The purpose of this chapter is to ensure
		  that no person shall use in connection with the person's name, or otherwise
		  assume, use, or advertise any title or description that the person is a
		  forester, unless the person is registered as herein provided.
History.
Acts 1969, No. 535, §
										1; A.S.A. 1947, §
										71 -2401; Acts 1999, No. 993, § 1.
Arkansas Administrative Code › Agency 046 - Board of Registration for Foresters › Rule 046.00.07-001 - Roster of Registered Foresters (April 2007)

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS CODE
Chapter
		  31.
Foresters.
Subchapter
		  1.
General Provisions
17-31-101.
Title and
		  purpose
.
(a) This chapter
		  may be referred to and cited as the 'State Board of Registration for Foresters
		  Act."
(b) The purpose of this
		  chapter is to ensure that no person shall use in connection with the person's
		  name, or otherwise assume, use, or advertise any title or description that the
		  person is a forester, unless the person is registered as herein provided.
History.
Acts 1969, No. 535, §
											1; A.S.A. 1947, §
											71 -2401; Acts 1999, No. 993, § 1.
Arkansas Administrative Code › Agency 046 - Board of Registration for Foresters › Rule 046.00.11-001 - Roster of Registered Foresters (April 2011)

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS CODE
Chapter
		  31.
Foresters.
Subchapter
		  1.
General Provisions
17-31-101.
Title and
		  purpose
.
(a) This chapter
		  may be referred to and cited as the 'State Board of Registration for Foresters
		  Act."
(b) The purpose of this
		  chapter is to ensure that no person shall use in connection with the person's
		  name, or otherwise assume, use, or advertise any title or description that the
		  person is a forester, unless the person is registered as herein provided.
History.
Acts 1969, No. 535, §
											1; A.S.A. 1947, §
											71 -2401; Acts 1999, No. 993, § 1.
Arkansas Administrative Code › Agency 046 - Board of Registration for Foresters › Rule 046.00.11-002 - Rules of the Board of Registration for Foresters

Current through Register Vol. 49, No. 6, June, 2024
I. General
A. Definition: The "Board" means the Arkansas
		  State Board of Registration for Foresters.
B. Intent: These Rules supplement the Board's
		  enabling legislation, codified at A.C.A. §
								17-31-101
et seq.
These Rules govern the conduct of the business of the
		  Board and shall be interpreted to establish orderly, equitable, and efficient
		  procedures.
C. Effective Date:
		  These Rules are effective January 1, 2012 or, pursuant to A.C.A. §
								25-15-204(e),
		  30 days after filing, whichever is later.
D. Authority: The Arkansas General Assembly
		  established the Board and prescribed its organization, duties, and powers.
		  A.C.A. §
								17-31-101
et seq.
E.
		  Compliance: The Board shall comply with the Administrative Procedure Act,
		  codified at A.C.A. §
								25-15-201
et seq.
and with the Freedom of Information Act, codified at
		  A.C.A. §
								25-19-101
et seq.
Arkansas Administrative Code › Agency 046 - Board of Registration for Foresters › Rule 046.00.13-001 - Roster of Registered Foresters (April 2013)

Current through Register Vol. 49, No. 6, June, 2024
17-31-101.
Title and purpose.
(a) T his chapter may be referred to and
		  cited as the 'State Board of Registration for Foresters Act".
(b) The purpose of this chapter is to ensure
		  that no person shall use in connection with the person's name, or otherwise
		  assume, use, or advertise any title or description that the person is a
		  forester, unless the person is registered as herein provided.
HISTORY:
Acts 1969, No. 535, §
									1; A.S.A. 1947, §
									71 -2401; Acts 1999, No. 993, § 1.
Arkansas Administrative Code › Agency 046 - Board of Registration for Foresters › Rule 046.00.13-002 - Rule change regarding application and exam fees for Arkansas Registered Forester applicants

Current through Register Vol. 49, No. 6, June, 2024
I. General
A. Definition: The "Board" means the Arkansas
		  State Board of Registration for Foresters.
B. Intent: These Rules supplement the Board's
		  enabling legislation, codified at A.C.A. §
								17-31-101
et seq.
These Rules govern the conduct of the business of the
		  Board and shall be interpreted to establish orderly, equitable, and efficient
		  procedures.
C. Effective Date:
		  These Rules are effective January 1, 2012 or, pursuant to A.C.A. §
								25-15-204(e),
		  30 days after filing, whichever is later.
D. Authority: The Arkansas General Assembly
		  established the Board and prescribed its organization, duties, and powers.
		  A.C.A. §
								17-31-101
et seq.
E.
		  Compliance: The Board shall comply with the Administrative Procedure Act,
		  codified at A.C.A. §
								25-15-201
et seq.
and with the Freedom of Information Act, codified at
		  A.C.A. §
								25-19-101
et seq.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.05-003 - HSC Regulation 001 - Changes to the Permit of Approval Rulebook

Current through Register Vol. 49, No. 6, June, 2024
HSC Regulation 001. Health Services Permit Commission
			 Policies and Procedures (10/05)
SECTION
		  I. INTRODUCTION
A. Organization
Section 1. The Arkansas Health Services
		  Permit Commission, hereinafter referred to as the Commission, and the Arkansas
		  Health Services Permit Agency, hereinafter referred to as the Agency, are
		  governed by Ark. Code Ann. §
									20-8-101
		  et seq.
Section 2. The
		  administrative offices for the Commission are located at Freeway Medical Tower,
		  5800 West 10th Street, Suite 805, Little Rock, Arkansas.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.05-005 - HSC Regulation 400M - Changes to the Hospice Methodology

Current through Register Vol. 49, No. 6, June, 2024
HSC REGULATION 400M. Hospice Methodology
			 (10/05)
HOSPICE CARE
as defined by state statute means an
			 autonomous, centrally administered, medically directed, coordinated program
			 providing home and outpatient care for the terminally ill patient and family,
			 and which employs an inter-disciplinary team to assist in providing palliative
			 and supportive care to meet the special needs arising out of the physical,
			 emotional, spiritual, social and economic stresses which are experienced during
			 the final stages of illness and during dying and bereavement. The care shall be
			 available twenty- four (24) hours a day, seven (7) days a week, and provided on
			 the basis of need, regardless of the ability to pay.
HOSPICE PROGRAM -
Hospice program is defined as a
			 public agency or private organization or subdivision or either of these that is
			 primarily engaged in providing care to terminally ill individuals (Code of
			 Federal Regulations, Title 42, Volume 2, Part
			 418 ).
HOSPICE FACILITY -
A Hospice Facility is defined as
			 a facility that houses hospice beds licensed exclusively to the care of
			 terminally ill patients but not beds licensed to a hospital, nursing home or
			 other assisted living or residential facilities. It can provide any of the four
			 levels of hospice care. For purposes of this application, terminally ill
			 patients are defined according to the Social Security Act as those individuals
			 with a terminal diagnosis and a prognosis of six months or less if the
			 diagnosed condition runs its normal course.
I.
Hospice Agencies
This rule regulates the establishment of new hospice agencies and
			 the expansion of existing hospice service areas.
A. NEED
1
		  The projected number of hospice patients will be 25% of the average of the
		  total deaths that occurred in the county for the four most recent years
		  available as calculated by the Center for Health Statistics.
2. The number of hospice patient deaths by
		  county of residence from the previous reporting year will be subtracted from
		  the number of projected hospice patients. The result will be the number of
		  patients eligible for hospice for the projected year.
3. Numeric need for a new hospice is
		  demonstrated if the projected number of patients eligible for hospice per
		  calendar year is 25 or greater in the proposed service area (or expanded
		  area).* The projections for the proposed area would have to indicate a need for
		  25 or more after the deaths for the existing hospices for the previous calendar
		  year have been subtracted out from the total projected hospice patients.
* The service area is the county.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.06-001 - HSC Regulation 500M - Assisted Living Methodology

Current through Register Vol. 49, No. 6, June, 2024
HSC REGULATION 500M. Assisted Living Methodology
			 (07/06)
SECTION I -
DEFINITION
A.
ASSISTED
		  LIVING FACILITY
means any building or buildings, section or distinct
		  part of a building, whether operated for profit or not, which undertakes
		  through its ownership or management to provide assisted living services for a
		  period exceeding twenty-four (24) hours to more than three (3) adult residents
		  of the facility who are not relatives of the owner or administrator. Assisted
		  living facility includes those facilities, which provide assisted living
		  services either directly or through contractual arrangements or which
		  facilitate contracting in the name of residents.
B.
ABANDONMENT
means the act of
		  an owner/operator to discontinue the operation of a long-term care facility
		  without the sale of that facility to a responsible purchaser, or without
		  ensuring the placement of all facility residents in appropriate long-term care
		  facilities prior to discontinuing operations of the facility.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.06-005 - Hospice Facility Emergency Rule

Current through Register Vol. 49, No. 6, June, 2024
D.
Hospice
		  Facility Emergency Rule
Hospice facilities can expand current licensed bed capacity to
			 meet the needs of hospice patients who are displaced as a result of a declared
			 emergency in Arkansas or in a border state. In this circumstance, hospice
			 facilities may temporarily expand without a Permit of Approval if the following
			 conditions are met:
(a) Life safety
		  will not be jeopardized for any individual.
(b) The immediate needs of residents and
		  other individuals sheltered at the facility can be met by the
		  facility.
(c) The facility
		  maintains a log of the additional persons being housed in the facility. The log
		  shall include the individual's name, usual address, and the dates of arrival
		  and departure.
(d) The admissions
		  and discharge log shall be de-identified and a monthly report provided to the
		  Health Service Permit Agency
(e)
		  The hospice facility complies with all reporting requirements of state and
		  federal rules and regulations.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.07-003 - HSC Regulation 100M - Nursing Home Bed Methodology

Current through Register Vol. 49, No. 6, June, 2024
HSC Regulation 100M Nursing Home Bed Methodology
			 (03/07)
DEFINITIONS
I.
POPULATION BASED METHODOLOGY
		  (PROJECTED TO 2011)
In order to qualify for additional beds, counties showing a
			 "need" under this section must have had an overall occupancy of at least 80%
			 for the most recently available occupancy as reported by DHS. If a "need" is
			 projected for additional nursing home beds in a county (based on the
			 Commission's adopted formula) then the following would apply:
POPULATION BASED FORMULA (04/03)
This methodology projects nursing home bed need using estimated
			 population in four age groups (see below) of a service area (county):
AGE GROUP BEDS PER 1000 POPULATION
Below 65
.66
65 to 74
10.8
75 to 84
42.97
85 and above
182.5
NOTE: The projection for a county represents the number of
			 patients estimated to need beds. Since all nursing homes cannot be expected to
			 operate at 100% occupancy year round, 5% additional beds are added to the
			 initial projection to allow for patient fluctuation, i.e., the initial
			 projection (using the above mentioned bed figures) represents 95% of the total
			 beds needed.
A. Applicants will be
		  favored in the following ranked order:
1.
		  Applicants whose facility had a 96.0% average occupancy rate or greater for the
		  most recently available occupancy as reported by DHS. These applicants would be
		  eligible for 10% increase in their licensed capacity or 10 beds, whichever is
		  greater. Qualifying applicants will have a preference (for a total of up to 35
		  additional beds) over applicants proposing a new facility.
2. Applicants who proposed to replace
		  facilities would be eligible for a 20% increase in their licensed
		  capacity.
3. Applicants who have a
		  facility proposing to expand to 70 beds would be eligible to expand to 70 beds.
		  Applicant facilities with less than 70 beds and more than 60 licensed beds
		  would be eligible for a 10 bed increase.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.07-004 - HSC Regulation 500M - Assisted Living Methodology

Current through Register Vol. 49, No. 6, June, 2024
HSC REGULATION 500M. Assisted Living Methodology
			 (03/07)
SECTION I -
DEFINITION
A.
ASSISTED
		  LIVING FACILITY
means any building or buildings, section or distinct
		  part of a building, whether operated for profit or not, which undertakes
		  through its ownership or management to provide assisted living services for a
		  period exceeding twenty-four (24) hours to more than three (3) adult residents
		  of the facility who are not relatives of the owner or administrator. Assisted
		  living facility includes those facilities, which provide assisted living
		  services either directly or through contractual arrangements or which
		  facilitate contracting in the name of residents.
B.
ABANDONMENT
means the act of
		  an owner/operator to discontinue the operation of a long-term care facility
		  without the sale of that facility to a responsible purchaser, or without
		  ensuring the placement of all facility residents in appropriate long-term care
		  facilities prior to discontinuing operations of the facility.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.09-002 - HSC Regulation 100M: Nursing Home Methodology - Beds in Transition

Current through Register Vol. 49, No. 6, June, 2024
HSC Regulation 100M Nursing Home
			 Methodology
Add definition for "Beds In
			 Transition"
The term "Beds in Transition" means beds that originate from a
			 licensed facility and are being transferred or moved to a new, existing or
			 replacement facility in a different county and are waiting final licensing of
			 new construction. The beds shall
not
be considered licensed beds
			 in the county into which where they are being moved for purposes of projected
			 need and the awarding of additional beds.
HSC Regulation 100M Nursing Home Bed Methodology
			 (03/07)
All dates contained herein, (with one exception see
			 below), will move forward one year each July 1, e.g. on July 1, 1998, the date
			 2002 which is listed under "I. Population Based Methodology" will move forward
			 to 2003.
Definitions
The term "Beds in Transition" means beds that originate
			 from a licensed facility and are being transferred or moved to a new, existing
			 or replacement facility in a different county and are awaiting final licensing
			 of new construction. The beds shall not be considered licensed beds in the
			 county into which where they are being moved for purposes of projected need and
			 the awarding of additional beds.
The term "licensed beds" means the bed count as reflected
			 on the current license issued by the Department of Human Services, Office of
			 Long-Term Care.
I.
POPULATION BASED METHODOLOGY (PROJECTED TO 2011)
POPULATION BASED FORMULA (04/03)
This methodology projects nursing home bed need using estimated
			 population in four age groups (see below) of a service area (county):
AGE GROUP BEDS PER 1000 POPULATION
Below 65
.7
65 to 74
10.0
75 to 84
39.3
85 and above
160.0
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.09-003 - Psychiatric Residential Treatment Facility Methodology Change - Moratorium

Current through Register Vol. 49, No. 6, June, 2024
HSC Regulation 110M. Psychiatric Residential Treatment
			 Facilities (PRTF) Bed Need Methodology (03/07)
DEFINITION: "Psychiatric residential treatment facility" means a
			 residential child care facility in a non hospital setting that provides a
			 structured, systematic, therapeutic program of treatment under the supervision
			 of a physician licensed by the Arkansas State Medical Board who has experience
			 in the practice of psychiatry, for children who are emotionally disturbed and
			 in need of daily nursing services, physician's supervision, and residential
			 care, but who are not in an acute phase of illness requiring the services of an
			 inpatient psychiatric hospital. Act 2234 of 2005
I. Population Based Methodology
A. Projection Time Frame. Each July 1st bed
		  need will be projected five years from the current year, i.e., July 1, 2006
		  projections will be made for the year 2011.
B. Service Area is by PRTF Area.
Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
Counties
Counties
Counties
Counties
Counties
Counties
Benton
Clay
Saline
Clark
Arkansas
Mississippi
Carroll
Craighead
Pulaski
Garland
Cleveland
Poinsett
Madison
Greene
Lonoke
Hot Spring
Grant
Cross
Washington
Lawrence
Prairie
Montgomery
Jefferson
Crittenden
Crawford
Baxter
Pope
Pike
Lincoln
St. Francis
Franklin
Woodruff
Yell
Calhoun
Ashley
Lee
Logan
Randolph
Johnson
Columbia
Bradley
Phillips
Polk
Cleburne
Faulkner
Dallas
Chicot
Monroe
Scott
Fulton
Conway
Nevada
Desha
Sebastian
Independence
Perry
Ouachita
Drew
Searcy
Izard
Union
Boone
Dackson
Hempstead
Marion
Sharp
Howard
Newton
Stone
Miller
Van Buren
Lafayette
White
Little River
Sevier
C. Bed
		  Need Formula.
1. 1.001 beds per 1000 persons
		  age 6-17
.78 beds per 1000 persons age 18-21
2. Before additional beds may be approved
		  existing PRTFs must have averaged 80% occupancy for the previous calendar
		  year.
D. Review
		  Priorities. Applicants will be approved in the following ranked order:
1. Existing PRTFs that are transferring
		  beds.
2. Existing PRTFs wishing to
		  expand and replace an older facility.
3. Applicants for new PRTFs in sections of
		  the State that are more than one and a half hours travel time from existing
		  PRTFs.
4. Applicants for new
		  PRTFs.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.09-004 - HSC Regulation 300M: Home Health Methodology - Home Health Criteria Rural Hospitals

Current through Register Vol. 49, No. 6, June, 2024
HSC REGULATION 300M. Home Health Criteria
C. Rural Hospitals
Small rural hospitals that do not have a home health agency may
			 be approved for a home health agency to serve either the county in which the
			 hospital is located or the townships within a twenty-mile radius of the
			 hospital. Small hospitals are defined as short-term acute care hospitals of 50
			 or fewer licensed beds. Rural counties are defined as counties with a
			 population of 25,000 or less in the last decennial census. Hospitals approved
			 under this rule must have their home health agency licensed no later than
			 twenty-four (24) months from the date of approval.
If the hospital voluntarily or otherwise loses, surrenders, or
			 transfers its home health license, the hospital is not eligible for five years
			 for a Home Health POA using the rural hospital designation.
This five-year prohibition would not be applicable if the
			 hospital proves it did not have any financial gain or receive any benefit from
			 the loss, surrender, or transfer of its home health license.
HSC REGULATION 300M. Home Health Criteria
			 (12/06)
A. Methodology
1. Standards.
The following is the standard to be used in the review of
			 additional or expanded home health agencies. The methodology is based on the
			 following assumptions:
1) More
		  populated areas tend to have a higher population density,
2) Areas with higher population density can
		  be served with fewer staff due to reduced travel time. Thus, it will take fewer
		  staff to serve the same number of patients in a metropolitan area than it would
		  to serve patients in a rural area.
a. An area*
		  with up to 30,000 population may be approved for a maximum of two
		  agencies.
b. An county with 30,000
		  to 50,000 population may be approved for a maximum of three agencies.
c. A county with 50,000 to 75,000 population
		  may be approved for a maximum of four agencies.
d. A county with 75,000 to 110,000 population
		  may be approved for a maximum of five agencies.
e. A county with 110,000 to 150,000
		  population may be approved for a maximum of six agencies.
f. A county with 150,000 to 250,000
		  population may be approved for a maximum of seven agencies.
g. A county with 250,000 to 400,000
		  population may be approved for a maximum of eight agencies.
h. A county with 400,000 and over population
		  would be approved for a maximum of one agency per every 50,000
		  population.