Title 20 — Public Health and Welfare
63 chapters · 2,838 sections in this title.
Ark. Code Ann. § 20-38-101 Definitions
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(1) As used in this chapter:(1) “Care” means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly;(2) “Determination” means the determination made by either the licensing or c…
Ark. Code Ann. § 20-38-102 Criminal history records checks — Operators
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(a) (1) (A) When an operator applies for a license, exemption from licensure, certificate, or other operating authority for a service provider from its licensing or certifying agency, the operator shall submit a criminal history records check form and a complete set of fingerprin…
Ark. Code Ann. § 20-38-103 Criminal history records checks — Applicants and employees of service providers
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(a) (1) Before making an offer of employment or engaging as an independent contractor, a service provider shall inform an applicant that employment is contingent on the satisfactory results of criminal history records checks.(2) If a service provider intends to make an offer of e…
Ark. Code Ann. § 20-38-104 Request for criminal history records checks — Requirement
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(a) A request for a state criminal history records check on a person shall include a completed statement that:(1) Contains the name, address, and date of birth appearing on a valid identification document issued by a government entity to the person who is the subject of the state…
Ark. Code Ann. § 20-38-105 Disqualification from employment — Denial or revocation — Penalties
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(a) (1) Except as provided in subsection (d) of this section, the licensing or certifying agency shall issue a determination that a person is disqualified as a service provider, operator, or from employment or engagement in a contract as an independent contractor with a service p…
Ark. Code Ann. § 20-38-106 Evidence of criminal history records checks
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(a) A service provider shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, or the licensing or certifying agency evidence that criminal history records checks have been complet…
Ark. Code Ann. § 20-38-107 Remedies for failure to comply
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The licensing or certifying agency shall establish remedies for failure to comply with this subchapter to be imposed on a service provider licensed, exempted from licensure, certified, or otherwise authorized to operate by its licensing or certifying agency.
Ark. Code Ann. § 20-38-108 Duties of Identification Bureau of the Department of Arkansas State Police
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(a) The Identification Bureau of the Department of Arkansas State Police shall make reasonable efforts to respond immediately to requests for state criminal history records checks and to respond to requests for national criminal history records checks within ten (10) calendar day…
Ark. Code Ann. § 20-38-109 Regulations
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The Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, and the licensing or certifying agency shall cooperate to prepare forms and promulgate consistent rules as necessary to implement this subchapter.
Ark. Code Ann. § 20-38-110 Confidentiality
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(a) All reports obtained under this subchapter are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, and the licensing or certifying agency or the third-party employee…
Ark. Code Ann. § 20-38-111 Immunity
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The Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, the licensing or certifying agency, and the service provider are immune from suit or liability for damages for acts or omissions other than malicious acts or omissions occ…
Ark. Code Ann. § 20-38-112 Exclusions — Licensed professionals — Completion of criminal history records check
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(a) Except for employees of licensed childcare facilities or church-operated exempt childcare facilities, this subchapter does not apply to a person who provides care to clients of a service provider subject to a professional license issued under:(1) Section 17-27-101 et seq., re…
Ark. Code Ann. § 20-38-113 Automated abuse registry checks
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(1) The Department of Human Services shall:(1) (A) Contingent upon the receipt of funding, appropriation, and positions, create and maintain a program that automates the databases of the Child Maltreatment Central Registry created in § 12-18-901, the Adult and Long-term Care Faci…