Arkansas Administrative Code

20 CAR § 197-101. Use for intended purpose — Public health protection. (a) The regulatory authority shall apply this subchapter to promote its underlying purpose, as specified in 20 CAR § 190-102, of safeguarding public health and ensuring that food is safe, unadulterated, and ho…

20 CAR § 194-102. Additional requirements — Preventing health hazards — Provision for conditions not addressed. (a) If necessary to protect against public health hazards or nuisances, the regulatory authority may impose specific requirements in addition to the requirements contai…

20 CAR § 197-103. Variances. (a) Modifications and waivers. (1) The regulatory authority may grant a variance by modifying or waiving the requirements of this subchapter if in the opinion of the regulatory authority a health hazard or nuisance will not result from the variance. (…

20 CAR § 197-201. Facility and operating plans. (a) When plans are required. A permit applicant or permit holder shall submit to the regulatory authority properly prepared plans and specifications for review and approval before: (1) The construction of a retail food establishment…

20 CAR § 197-202. Confidentiality. Trade secrets. The regulatory authority shall treat as confidential in accordance with law information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications su…

20 CAR § 197-203. Construction inspection and approval. Preoperational inspections. The regulatory authority shall conduct one (1) or more preoperational inspections to verify that the retail food establishment is constructed and equipped in accordance with the approved plans and…

20 CAR § 197-301. Requirement. Prerequisite for operation. A person may not operate a retail food establishment without a valid permit to operate issued by the regulatory authority. Pf

20 CAR § 197-302. Application procedure. (a) Submission thirty (30) calendar days before proposed opening. An applicant shall submit an application for a permit at least thirty (30) calendar days before the date planned for opening a retail food establishment or the expiration da…

20 CAR § 197-303. Issuance. (a) New converted or remodeled establishments. For retail food establishments that are required to submit plans as specified under 20 CAR § 197-201(a), the regulatory authority shall issue a permit after: (1) A properly completed application is submitt…

20 CAR § 197-304. Conditions of retention. (a) Responsibilities of the regulatory authority. (1) At the time a permit is first issued, the regulatory authority shall provide to the permit holder a copy of this subchapter so that the permit holder is notified of the compliance req…

20 CAR § 197-401. Frequency. (a) Establishing inspection interval. (1) Except as specified in subdivisions (a)(2) and (3) of this section, the regulatory authority shall inspect a retail food establishment at least once every six (6) months. (2) The regulatory authority may incre…

20 CAR § 197-402. Competency and access. (a) Competency of inspectors. An authorized representative of the regulatory authority who inspects a retail food establishment or conducts plan review for compliance with this subchapter shall have the knowledge, skills, and ability to ad…

20 CAR § 197-403. Report of findings. (a) Documenting information and observations. The regulatory authority shall document on an inspection report form: (1) Administrative information about the retail food establishment’s legal identity, street and mailing addresses, type of est…

20 CAR § 197-404. Imminent health hazard. (a) Ceasing operations and reporting. (1) Except as specified in subdivision (a)(2) of this section, a permit holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist becau…

20 CAR § 197-405. Violation of priority item or priority foundation. (a) Timely correction. (1) Except as specified in subdivision (a)(2) of this section, a permit holder shall at the time of inspection correct a violation of a priority item or priority foundation item violation …

20 CAR § 197-406. Core item violation — Time frame for correction. (a) Except as specified in subsection (b) of this section, the permit holder shall correct core items by a date and time agreed to or specified by the regulatory authority but no later than ninety (90) calendar da…

20 CAR § 197-501. Investigation and control. (a) Obtaining information — Personal history of illness, medical examination, and specimen analysis. The regulatory authority shall act when it has reasonable cause to believe that a food employee or conditional employee has possibly t…

20 CAR § 197-601. Criminal proceedings — Authorities, methods, fines, and sentences. (a) The regulatory authority may seek to enforce the provisions of this subchapter and its orders by instituting criminal proceedings as provided in law against the permit holder or other persons…

20 CAR § 197-602. Civil proceedings — Petitions, penalties, and continuing violations. (a) The regulatory authority may petition a court of competent jurisdiction to enforce the provisions of this subchapter or its administrative orders and according to law collect penalties and …

20 CAR § 200-101. Purpose. The purpose of this part is to protect the state health system and the citizens of Arkansas by: (1) Enhancing patient care by providing prescription monitoring information that will ensure legitimate use of controlled substances in health care, includin…

20 CAR § 200-102. Definitions. As used in this part: (1) “Arkansas Medicaid prescription drug program" means: (A) The prescription drug program that is a portion of the Title XIX Medicaid program for the State of Arkansas; (B) The Arkansas Medicaid prescription drug program inclu…

20 CAR § 200-103. Requirements for the Prescription Drug Monitoring Program. (a) The State Board of Health shall create the Prescription Drug Monitoring Program upon the Department of Health’s procuring adequate funding to establish the program. (b) Requirements to submit informa…

20 CAR § 200-104. Prescription Drug Monitoring Program Advisory Committee. (a) The State Board of Health shall create the Prescription Drug Monitoring Program Advisory Committee upon the Department of Health’s procuring adequate funding to establish the Prescription Drug Monitori…

20 CAR § 200-105. Confidentiality. (a) Prescription information submitted to the Department of Health pursuant to Arkansas Code §§ 20-7-601 – 20-7-615 and this part is confidential and not subject to the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq. (b) Li…

20 CAR § 200-106. Providing prescription monitoring information. (a) Departmental review. (1) Departmental review for misuse or abuse. (A) Criteria for review established by the Department of Health. (i) The Department of Health shall review the Prescription Drug Monitoring Progr…

20 CAR § 200-107. Information exchange with other prescription drug monitoring programs. (a) The Department of Health may provide prescription monitoring information to federal prescription drug monitoring programs or other states' prescription drug monitoring programs, and the i…

20 CAR § 200-108. Authority to contract. (a) The Department of Health may contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the Prescription Drug Monitoring Program. (b) A contractor shall be: (1) Bound to comp…

20 CAR § 200-109. Authority to seek funding. (a) The Department of Health may make application for, receive, and administer grant funding from public or private sources for the development, implementation, or enhancement of the Prescription Drug Monitoring Program. (b) A fee shal…

20 CAR § 200-110. Unlawful acts and penalties. (a) Failure to submit prescription drug monitoring information. (1) It is unlawful for a dispenser to purposely fail to submit prescription monitoring information as required under Arkansas Code §§ 20-7-601 – 20-7-615 and this part. …

20 CAR § 200-111. Privacy rights protected. Arkansas Code §§ 20-7-601 – 20-7-615 and this part do not give authority to any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly, the courts, or the United States…

20 CAR § 200-112. Effective date. (a) The Prescription Drug Monitoring Program shall become operational March 1, 2013, if full funding is available under Arkansas Code § 20-7-610 and 20 CAR § 200-109. (b) The Secretary of the Department of Health may suspend operation of the prog…

20 CAR § 200-113. Prescriber with a prescription drug violation. (a) A prescriber who has been found by his or her licensing board to be in violation of a rule or law involving prescription drugs shall be required by the appropriate licensing board to register with the Prescripti…

20 CAR § 201-101. Purpose. The purpose of this part is to expand public access to auto-injectable epinephrine and to expand immunity to include an authorized entity that provides prescribed auto-injectable epinephrine.

20 CAR § 201-102. Definitions. As used in this part: (1) "Authorized entity" means an entity or organization at which or in connection with which allergens capable of causing an anaphylactic reaction may be present, including without limitation: (A) A restaurant; (B) An amusement…

20 CAR § 201-103. Eligibility for certificate. (a) A person may receive a certificate under the Insect Sting and Other Allergic Reactions Emergency Treatment Act, Arkansas Code § 20-13-401 et seq., only if the person: (1) Is eighteen (18) years of age or older; (2) Has, or reason…

20 CAR § 201-104. Authority of certificate holder. The certificate also shall authorize the certificate holder to possess, provide, and administer in an emergency situation, when a physician is not immediately available, the prescribed epinephrine to a person who: (1) Has contact…

20 CAR § 201-105. Immunity. (a) A person or entity that in good faith renders emergency care or treatment by the use of auto-injectable epinephrine is immune from civil liability resulting from: (1) The emergency care or treatment; and (2) Any good faith act or omission to provid…

20 CAR § 201-106. Administration of act. (a)(1) The Department of Health shall prepare a certificate form for use by a physician as authorized under the Insect Sting and Other Allergic Reactions Emergency Treatment Act, Arkansas Code § 20-13-401 et seq. (2) A copy of a certificat…

20 CAR § 201-107. Auto-injectable epinephrine use by an authorized entity. (a) In order to ensure the public health and safety, an authorized entity that acquires auto-injectable epinephrine shall ensure that: (1) An expected user: (A) Completes appropriate knowledge and skills c…

20 CAR § 202-101. Scope and purpose. (a) This part governs the application for and renewal of registry identification cards for qualifying patients and designated caregivers. (b) This part also establishes: (1) Labeling and testing standards for marijuana distributed under the Ar…

20 CAR § 202-102. Definitions. As used in this part: (1) “Acquire” or “acquisition” means coming to possess marijuana by means of any legal source herein authorized, not from an unauthorized source, and in accordance with the Arkansas Medical Marijuana Amendment of 2016, Ark. Con…

20 CAR § 202-103. Registry identification cards. (a) Qualifying patients. The Department of Health shall issue registry identification cards to qualifying patients who submit the following: (1) An application for a qualifying patient registry identification card that must include…

20 CAR § 202-104. Labeling. (a)(1) The purpose of this section is to set the minimum standards for the labeling of usable marijuana that is sold to a qualifying patient or designated caregiver by a dispensary or given by a qualifying patient or designated to another qualifying pa…

20 CAR § 202-105. Testing standards for usable marijuana. (a)(1) This part is applicable to cultivation facilities and dispensaries. (2) A cultivation facility or dispensary may not: (A) Transfer usable marijuana that is not sampled and tested in accordance with this part; or (B)…

20 CAR § 202-106. Testing requirements for concentrates and extracts. (a) A cultivation facility or dispensary must test every process lot of cannabinoid concentrate or extract for use by a qualified patient prior to selling or transferring the cannabinoid concentrate or extract …

20 CAR § 202-107. Batch requirements. (a) Usable marijuana. (1) A cultivation facility or dispensary must separate each harvest lot into no larger than ten-pound batches. (2) Notwithstanding subdivision (a)(1) of this section, a cultivation facility or dispensary may combine batc…

20 CAR § 202-108. Sampling and sample size. (a) Usable marijuana. (1) Usable marijuana may only be sampled after it is cured, unless the usable marijuana is intended for sale or transfer to a cultivation facility or dispensary to make a cannabinoid concentrate or extract. (2) Sam…