Arkansas Administrative Code

20 CAR § 2-104. Department of Health activities subject to recovery of expenditures. Department of Health activities subject to recovery of expenditures incurred in response to incidents outlined in 20 CAR § 2-103 include but are not limited to: (1) Onsite and/or offsite damage a…

20 CAR § 2-105. Department of Health expenditures subject to recovery. (a) Department of Health expenditures resulting from activities outlined in 20 CAR § 2-104, in response to incidents outlined in 20 CAR § 2-103, are subject to recovery. (b) These expenditures include but are …

20 CAR § 2-106. Liability. (a) The responsible party or parties liable for reimbursement of Department of Health expenditures are the people who, at the time the incident occurs, own or operate a facility, site, equipment, materials, or products causing the unplanned, nonroutine …

20 CAR § 2-107. Recovery of expenditures. (a) The Department of Health is to compile a written report of actual expenditures incurred in response to incidents. (b) Records are to: (1) Reflect actual cost of response to incidents; and (2) Be itemized by category of expenditure out…

20 CAR § 4-101. Purpose. (a) To establish rules to: (1) Create a grant program known as the Great Strides Grant Program; and (2) Thereby assist in establishing health and fitness trails in communities throughout the State of Arkansas. (b) Funds for grants will be made available b…

20 CAR § 4-102. Definitions. For the purpose of this part, the following words and terms, when used in this part, shall have the following meanings: (1) "Eligible applicants" means: (A) Incorporated cities; (B) County-sponsored unincorporated communities; or (C) Joint application…

20 CAR § 4-103. Program rules and management. (a)(1) The Department of Health will enter into a subgrant agreement with the Department of Parks, Heritage, and Tourism. (2) The subgrant agreement will: (A) Be reviewed periodically as necessary; and (B) Define detailed grant progra…

20 CAR § 5-101. Purpose and scope. To establish a Biological Agent Registry to identify the biological agents possessed and maintained by any person in the state of Arkansas.

20 CAR § 5-102. Definitions. As used in this part: (1) “Biological agent” means any: (A) Select agent that is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listed in 42 C.F.R. pt. 72, Appendix A [removed], as in effect on January 1, 2003; (B) Genetically modifie…

20 CAR § 5-103. Registration. Any person required to register must apply for a certificate of registration as outlined in 42 C.F.R. § 73.7.

20 CAR § 5-104. Responsible official. Any person listed under 20 CAR § 5-102(2) must designate an individual to be a responsible official who must be approved by the United States Secretary of Health and Human Services or the Administrator of Health and Human Services, following …

20 CAR § 5-105. Security, biosafety, and training. (a) Security. (1) Any registered person must develop and implement a written security plan outlined in 42 C.F.R. § 73.11. (2) Any registered person may not provide another person access to a select agent or toxin, unless the acce…

20 CAR § 5-106. United States Department Health and Human Services (HHS) select, overlap agents, and toxins. (a) United States Department of Health and Human Services select. Permissible Toxin Amounts HHS ToxinsAmount Abrin100.0 mg Botulinum neurotoxins0.5 mg Clostridum prefringe…

20 CAR § 5-107. Exemptions. The regulations listed in 42 C.F.R. § 73 and 9 C.F.R. § 121 establish a procedure by which attenuated strains of select biological agents or toxins that do not pose a severe threat to public health and safety, animal health, or animal products may be e…

20 CAR § 5-108. Denial, revocation, or suspension of registration. (a) An application may be denied or a certificate of registration revoked or suspended as outlined in 42 C.F.R § 73.8. (b) Any person may appeal a denial, revocation, or suspension of registration as stated in 42 …

20 CAR § 5-109. Civil money penalties. The Department of Health shall impose a civil penalty for a willful or knowing violation of this part in the amount of up to one thousand dollars ($1,000).

20 CAR § 6-101. Purpose. This part is necessary to: (1) Implement the Arkansas Clean Indoor Air Act of 2006, Arkansas Code § 20-27-1801 et seq.; and (2) Protect the health of the citizens of Arkansas by minimizing the harmful effects of secondhand smoke.…

20 CAR § 6-102. Definitions. For the purposes of this part, the following words and phrases when used herein shall be construed as follows: (1) “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in whic…

20 CAR § 6-103. Prohibition on smoking. (a) Upon the effective date of this part, smoking is prohibited in all vehicles and enclosed areas owned, leased, or operated by the State of Arkansas, its agencies and authorities, and any political subdivision of the state, municipal corp…

20 CAR § 6-104. Exemptions. (a) An owner or operator of any of the following areas may exempt itself from this part: (1) Private residences, except when used as a licensed childcare, adult daycare, or healthcare facility; (2)(A) Hotel and motel rooms that are: (i) Rented to guest…

20 CAR § 6-105. Signs and smoking receptacles. (a) “No Smoking” signs or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, o…

20 CAR § 6-106. Public education. The Department of Health shall engage in a continuing program to: (1) Explain the purpose and requirements of this part to businesses and citizens affected by it; and (2) Guide persons, owners, operators, and managers in their compliance with it.…

20 CAR § 6-107. Violations and penalties. (a)(1) Every firm, person, or corporation that violates the provisions of this part may be assessed a civil penalty by the State Board of Health. (2) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (b) Each …

20 CAR § 7-101. Purpose. (a) The purpose of this part is to: (1) Ensure compliance with: (A) Arkansas Code § 16-6-201; (B) The Volunteer Health Care Act, Arkansas Code § 20-8-801 et seq.; and (C) Arkansas Code § 17-95-106; (2) Provide for the registration of free or low-cost heal…

20 CAR § 7-102. Definitions. As used in this part: (1) “Contract” means an agreement executed in compliance with this part between a healthcare professional or a medical professional and the Department of Health or a governmental contractor; (2) “Free or low-cost healthcare clini…

20 CAR § 7-201. Registration for the free or low-cost healthcare clinic. (a) It shall be the duty of each free or low-cost healthcare clinic to register with the Department of Health on forms approved by the department upon demonstration that the free or low-cost healthcare clini…

20 CAR § 7-202. Immunity under the Arkansas Volunteer Immunity Act for healthcare professionals. (a) A healthcare professional who renders volunteer healthcare services to any person at any free or low-cost healthcare clinic registered by the State Board of Health under 20 CAR § …

20 CAR § 7-203. Required notice to persons receiving healthcare services at free or low-cost healthcare clinics. (a) Any persons who receive healthcare services from a free or low-cost healthcare clinic must have: (1) Been fully informed before any treatment by the healthcare pro…

20 CAR § 7-301. Registration process for healthcare providers. (a) Any clinic wishing to register as a healthcare provider under the Volunteer Health Care Act, Arkansas Code § 20-8-801 et seq., will be responsible for completing an application with the Department of Health. (b) A…

20 CAR § 7-302. Registration process for medical professionals. (a) Any medical professional wishing to provide services as a volunteer shall register with the Department of Health by providing: (1) A completed application; (2) A statement indicating that the medical professional…

20 CAR § 7-401. Contracts to provide volunteer health services. (a) A healthcare provider or medical professional may enter into a contract with the Department of Health or governmental contractor to deliver volunteer health services to eligible low-income patients. (b) A healthc…

20 CAR § 7-402. Reporting adverse incidents. (a) The healthcare provider or medical professional shall report any adverse incidents and information on treatment outcomes to the Department of Health or governmental contractor if pertaining to a patient treated under the contract. …

20 CAR § 7-403. Patient selection, referrals, and emergency care. (a) The Department of Health, governmental contractor, healthcare provider, or medical provider may make patient selection and initial referrals. (b) If emergency care is required, the patient shall be referred wit…

20 CAR § 7-404. Reporting to the Department of Health. Annually, the healthcare provider or medical professional shall report the following information to the Department of Health: (1) A summary of the efficacy of access and treatment outcomes; (2) Statistics for claims pending a…

20 CAR § 7-405. Continuing education credit. (a) A medical professional may fulfill one (1) hour of continuing education credit with the performance of eight (8) hours of volunteer services under the Volunteer Healthcare Program. (b) A medical professional shall not obtain more t…

20 CAR § 7-406. Notice of agency relationship. (a) The healthcare provider or medical professional shall provide written notice to each patient, parent of the patient, or legal guardian of the patient served under a contract described in 20 CAR § 7-401. (b) The written notice sha…

20 CAR § 7-407. Malpractice litigation costs. A governmental contractor is responsible for costs and attorney's fees for malpractice litigation arising out of healthcare services delivered under a contract brought to the Arkansas State Claims Commission.

20 CAR § 7-501. Registration of retired physicians and surgeons. (a) Any retired physicians and surgeons wishing to provide volunteer healthcare services shall register with the Department of Health by providing: (1) A completed application; (2) A statement indicating the free or…

20 CAR § 7-502. Immunity from liability for retired physicians and surgeons. (a) Retired physicians and surgeons who are licensed to practice medicine by the Arkansas State Medical Board under the laws of the State of Arkansas who render volunteer healthcare services and are regi…

20 CAR § 7-503. Required notice to persons receiving volunteer healthcare services from a retired physician or surgeon. (a) Any persons who receive volunteer healthcare services at a free or low-cost healthcare clinic from a retired physician or surgeon must have: (1) Been fully …

20 CAR § 9-101. Purpose. This part is established to permit the Department of Health to increase fees for service/maintenance of breath test instruments used by law enforcement agencies for the purposes contained in Arkansas Code § 5-65-101 et seq., and Arkansas Code § 5-65-201 e…

20 CAR § 9-102. Definitions. As used in this part: (1) “Breath alcohol instrument” means an instrument, designed to analyze the alcohol content of breath, which is normally certified and used by law enforcement agencies as specified in 20 CAR § 9-101; (2) “Cost” means the cost of…

20 CAR § 9-103. General requirements. (a) Fee for repair/maintenance. (1) Following the manufacturer’s recommendations for routine repairs, an hourly fee of fifty dollars ($50.00) shall be charged and billed to the owner or other specified party, for the purpose of covering the c…

20 CAR § 41-101. Purpose. (a)(1) This part has been prepared for the purpose of establishing a criterion for minimum standards for licensure, operation, and maintenance of hospitals and related institutions in Arkansas that is consistent with current trends in patient care practi…

20 CAR § 41-102. Definitions. For purposes of this part, the following definitions apply: (1) “Abortion complication” means any harmful event or adverse outcome with respect to a patient related to an abortion that is performed on the patient and that is diagnosed or treated by a…

20 CAR § 41-103. Licensure and codes. (a) License required. No general hospital or distinct part, critical access hospital or distinct part, surgery and general medical care hospital or distinct part, recuperation center or distinct part, infirmary, rehabilitation facility or dis…

20 CAR § 41-104. Governing body. (a)(1) An institution shall have an organized governing body that shall be legally responsible for: (A) Maintaining quality patient care; and (B) Establishing policies for the facility. (2) The governing body shall be legally responsible for the c…

20 CAR § 41-105. Medical staff. (a)(1) All persons admitted and discharged to any institution governed by these standards shall be under the care of a person duly licensed to practice medicine in Arkansas, hereafter called physician or surgeon. (2) In institutions where two (2) o…

20 CAR § 41-106. General administration. (a)(1) Each institution shall have an administrator responsible for the management of the institution. (2) In the absence of the administrator, an alternate with authority to act shall be designated. (3) The responsibilities of the adminis…

20 CAR § 41-107. Personnel administration. (a) Medical attendance. The name, address, and telephone number of the physician or physicians attending each patient shall be recorded for ready reference. (b) Qualified personnel. (1) The hospital shall maintain a sufficient number of …