Title 20, Public Health and Welfare

This subchapter does not require the Department of Human Services or the Arkansas Medicaid Program to provide additional coverage for an investigational drug, biological product, or device.

(a) (1) The Department of Health shall establish the Maternal Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths.(2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the dep…

(1) The Maternal Mortality Review Committee shall:(1) Review pregnancy-associated deaths or deaths of women with indication of pregnancy up to three hundred sixty-five (365) days after the end of pregnancy, regardless of cause, to identify the factors contributing to these deaths…

(a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal Mortality Review Committee to all relevant medical records associated with a case under review by the committee. (b) A healthcare provider, healthcare facility, or phar…

(a) (1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person.(2) Information, records, reports, state…

Disclosure of protected health information is allowed for public health, safety, and law enforcement purposes, and providing case information on maternal deaths for review by the Maternal Mortality Review Committee is not a violation of the Health Insurance Portability and Accoun…

State, local, or regional committee members are immune from civil and criminal liability in connection with their good faith participation in the maternal death review and all activities related to a review with the Maternal Mortality Review Committee.

(a) Beginning in 2020, the Maternal Mortality Review Committee shall file a written report on the number and causes of maternal deaths and its recommendations on or before December 31 of each year to:(1) The Senate Committee on Public Health, Welfare, and Labor;(2) The House Comm…

(a) (1) The Department of Health shall establish the Maternal and Perinatal Outcomes Quality Review Committee to review data on births and to develop strategies for improving birth outcomes.(2) The committee shall be multidisciplinary and composed of members as deemed appropriate…

(1) The Maternal and Perinatal Outcomes Quality Review Committee shall:(1) Create a unified message and strategy that builds on best practices;(2) Develop clear measurements to evaluate targeted outreach, progress, and return on investment;(3) Develop recommendations for levels o…

(a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal and Perinatal Outcomes Quality Review Committee to all relevant medical records associated with a case under review by the committee. (b) A healthcare provider, healthc…

(a) (1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person.(2) Information, records, reports, state…

Disclosure of protected health information is allowed for public health, safety, and law enforcement purposes and providing case information on maternal deaths for review by the Maternal and Perinatal Outcomes Quality Review Committee is not a violation of the Health Insurance Po…

State, local, or regional members of the Maternal and Perinatal Outcomes Quality Review Committee are immune from civil and criminal liability in connection with their good faith participation in a maternal death review and all activities related to a review with the committee.

(a) Beginning in 2020, the Maternal and Perinatal Outcomes Quality Review Committee shall file a written report on maternal and perinatal outcomes and its recommendations on or before December 31 of each year to:(1) The Senate Committee on Public Health, Welfare, and Labor;(2) Th…

This subchapter shall be known and may be cited as the “Right to Try Individualized Investigational Treatment Act”.

(1) As used in this subchapter:(1) “Costs associated with the manufacture of the individualized investigational treatment” means the actual out-of-pocket costs incurred in providing the individualized investigational treatment to the patient in his or her specific case;(2) “Eligi…

(1) In order for a patient to access an individualized investigational treatment under this subchapter, a physician shall document in the patient's medical record and chart that the patient:(1) Has a life-threatening or severely debilitating illness;(2) Has considered all other t…

(a) A manufacturer of an individualized investigational treatment operating within an eligible facility may make available an individualized investigational treatment to eligible patients under this subchapter. (b) This section does not require that a manufacturer make available …

(a) A manufacturer of an individualized investigational treatment or an eligible facility may:(1) Provide an individualized investigational treatment to an eligible patient without receiving compensation; or(2) Require an eligible patient to pay the costs associated with the manu…

(a) An insurance company:(1) May, but is not required to, provide coverage for an individualized investigational treatment; and(2) Shall not deny coverage for an item or service that is otherwise covered by an insurance contract between the eligible person and the insurance compa…

(1) The recommendation, prescription, treatment, or participation in the treatment of a life-threatening or severely debilitating illness with an individualized investigational treatment shall not permit:(1) A state agency or licensing board to revoke a license, fail to renew a l…

The counseling, advice, or recommendation consistent with medical standards of care by a medical professional licensed under state law is not a violation of this subchapter.

(a) Except in the case of gross negligence or willful misconduct, a person or entity that manufacturers, imports, distributes, prescribes, dispenses, administers, or is otherwise involved in the care of an eligible patient using an individualized investigational treatment is immu…

This subchapter does not require the Department of Human Services or the Arkansas Medicaid Program to provide additional coverage for an individualized investigational treatment.

The State Board of Health shall have the power to enforce this subchapter by appropriate action for injunction in the circuit courts of this state.

(a) (1) (A) There is created an advance universal newborn screening program to be administered by the Department of Health.(B) (i) All newborn infants shall be tested for core medical conditions as listed in the recommended uniform screening panel recommended by the United States…

This subchapter shall not apply to any child whose parents or guardian objects thereto on the grounds that it conflicts with the tenets and practices of a recognized church or religious faith of which the parent or guardian is an adherent or member.

(1) It shall be the duty of the Department of Health to:(1) Enforce this subchapter;(2) Prescribe the tests that may be administered in compliance with this subchapter;(3) Promulgate rules in conjunction with the Insurance Commissioner establishing:(A) What persons and institutio…

(a) Every physician practicing medicine in the State of Arkansas shall report to the Department of Health any case or suspected case of Reye's syndrome disease which he or she is attending, or has examined, or for which the physician has prescribed. (b) The report shall be made a…

This subchapter shall be known and may be cited as the “Sudden Infant Death Syndrome Act”.

(a) Any sheriff, deputy sheriff, city police officer, state police officer, member of the staff of any public or private hospital, or attending physician with knowledge of the sudden death of a child between the ages of one (1) week and one (1) year who appeared in apparent good …

(a) Upon receipt of the report, the county coroner, or the county sheriff if the county coroner is unavailable, shall request from the parents or guardian of the deceased written permission upon a form provided by the Department of Health for an autopsy to be made to determine th…

The Department of Health shall provide for the transportation and the autopsy as provided in § 20-15-503 only so long as federal funds are available to the department for the transportation and autopsies of suspected victims of sudden infant death syndrome.

(a) (1) It is declared and found that one (1) of the major problems facing medicine and the public health and welfare is the lack of an adequate program to assist in the treatment and cure of persons suffering from chronic kidney disease.(2) It is estimated that a number of citiz…

(a) (1) There is established a State Kidney Disease Advisory Council to consist of seven (7) members.(2) Seven (7) members shall be appointed by the State Board of Health as follows:(A) Three (3) members who are knowledgeable in renal medicine and the treatment of end-stage renal…

(a) The Department of Health, in consultation with the State Kidney Disease Advisory Council, shall:(1) (A) (i) Administer a program to assist persons suffering from acute or chronic renal failure in obtaining care and treatment requiring kidney dialysis or transplantation.(ii) S…

(a) (1) The Secretary of the Department of Health shall be the disbursing officer of funds appropriated by the General Assembly and of other funds made available to the Department of Health for such purposes.(2) These funds are to provide monetary assistance to defray the cost in…

As used in this subchapter, “active tuberculosis” means that the disease is in a communicable or infectious stage as established by chest X-ray, microscopical examination of sputum, or other diagnostic procedures approved by the Secretary of the Department of Health.

Any person who violates any of the provisions of this subchapter shall be guilty of a violation and upon conviction shall pay a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100).

(a) When the state, county, or city health officer shall have reasonable grounds to believe that any person has tuberculosis in an active state or in a communicable form and who will not voluntarily seek a medical examination or treatment, the health officer may cause the person …

(a) If the health officer finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and if the person will not voluntarily seek medical treatment and is a source of danger to others, then the health office…

(a) Upon receiving the petition, the court shall fix a date for a hearing on the petition and shall cause notice of the petition, with the time and place for the hearing, to be served personally at least seven (7) days before the hearing upon the person who has tuberculosis and i…

The petition shall be heard in open court, and the respondent to the petition shall have the privilege of counsel of his or her own selection.

(a) If upon hearing of the petition the court finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and that the person will not voluntarily seek medical treatment and is a source of danger to others, …

(a) A person who is committed to the hospital or sanatorium under the provisions of this subchapter shall observe all the rules and regulations of the hospital or sanatorium. (b) The superintendent of the institution may file a complaint in the district court against a person com…