Title 20, Public Health and Welfare

The State Board of Health, after consultation with the Acute Stroke Care Task Force and if funds are available, may promulgate rules to further the intent of this subchapter.

(a) Any additional compensation or allowances which may be made available to professional health service personnel at the University of Arkansas for Medical Sciences campus may also be made available to those in comparable positions in all divisions or offices of the Department o…

(a) As used in this section, “birthing facility” means an inpatient or ambulatory healthcare facility licensed by the Department of Health that provides birthing services or newborn care services, or both. (b) Birthing facilities shall begin pulse oximetry testing for critical co…

(a) As used in this section:(1) “Maintenance of certification” means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and(2) “Specialty medical board certification” means a certification by a board that:(…

(a) The General Assembly finds that:(1) The healthcare needs of the citizens of Arkansas are served by over sixty-six thousand (66,000) licensed nurses in a wide array of clinical settings and levels of criticality;(2) Both national and state data present an upward trend in viole…

(a) As used in this section:(1) “Healthcare provider” means:(A) An individual who is licensed, certified, or otherwise authorized by a licensing authority of this state to administer healthcare services in the ordinary course of his or her business or practice; or(B) A healthcare…

(a) As used in this section:(1) “Foreign adversary” means the same as the definition of “prohibited foreign party” under § 18-11-802;(2) “Genetic sequencer” means a device or platform used to conduct genetic analysis, resequencing, isolation, or other genetic research;(3) “Human …

This subchapter shall be known as the “Cervical Cancer Care Act of 2005”.

(a) There is created the Cervical Cancer Task Force to consist of twelve (12) members. (b) The Secretary of the Department of Health shall appoint:(1) One (1) member to represent the Department of Health;(2) One (1) member to represent the American Cancer Society;(3) One (1) memb…

(a) The Cervical Cancer Task Force shall:(1) Make recommendations to the Breast Cancer Control Advisory Board consistent with the intent of this subchapter;(2) Pursue both public and private funding to further the intent of this subchapter; and(3) Develop standards and policy rec…

After consultation with the Cervical Cancer Task Force and if funds are available, the State Board of Health may promulgate rules to further the intent of this subchapter.

This subchapter shall be known and may be cited as the “Health Facility Infection Disclosure Act of 2007”.

(1) As used in this subchapter:(1) (A) “Health facility” means any of the following facilities:(i) A hospital, outpatient surgery center, public health center, or recuperation center, as those facilities are defined in § 20-9-201; and(ii) Any other facility determined to be a sou…

(a) A health facility shall collect data on healthcare-associated infection rates for the following:(1) Central line-associated bloodstream infections in an intensive care unit; and(2) Other categories as provided under § 20-9-1204(e). (1) Central line-associated bloodstream infe…

(a) The Secretary of the Department of Health shall appoint an Advisory Committee on Healthcare Acquired Infections, including without limitation representatives of:(1) Public and private hospitals, including representatives of hospitals with fewer than fifty (50) beds and repres…

(a) (1) (A) In consultation with the Advisory Committee on Healthcare Acquired Infections, the Department of Health shall submit annually a report summarizing the health facility quarterly reports required under this subchapter to the Chair of the House Committee on Public Health…

(a) It is the intent of the General Assembly that a patient's right of confidentiality shall not be violated in any manner under this subchapter. (b) Social Security numbers and any other information that could be used to identify an individual patient shall not be released under…

The State Board of Health shall promulgate rules to implement this subchapter.

This subchapter is contingent upon the appropriation and availability of funding necessary for the Department of Health to implement its provisions, and any requirements that actions be accomplished by a specific date shall be extended until the necessary funding is available.

This subchapter shall be known and may be cited as the “Arkansas Peer Review Fairness Act”.

(a) The General Assembly finds that:(1) The peer review process is well established as an acceptable means of monitoring quality and improving care within an institution;(2) (A) The peer review process faces unique challenges in the hospital setting compared to other healthcare s…

(1) As used in this subchapter:(1) “Adversely affect”, when used in reference to clinical privileges or medical staff membership, means deny, reduce, restrict, suspend, revoke, or fail to renew;(2) “Conflict of interest” means a personal or financial interest that would lead an o…

(a) Professional review activity shall be conducted and professional review actions shall be taken in compliance with the requirements of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., and the additional requirements of this subchapter. (b) (1) If at …

(a) If failure to take a professional review action may result in an imminent danger to the health of any individual, the hospital may immediately suspend or restrict the medical staff membership or clinical privileges of a physician. (b) If an action is taken under subsection (a…

(a) (1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503.(2) This …

(a) A physician shall be informed in writing within five (5) business days of the date that the physician becomes a subject of an investigation. (b) Before a professional review body makes a recommendation as a result of an investigation, the physician under review shall be given…

(a) (1) A physician who is the subject of a proposed professional review action shall be given notice of the proposed professional review action, the basis for the proposed professional review action, and the right to a hearing.(2) Subdivision (a)(1) of this section does not enti…

(a) Unless part of a mutually agreed upon mediation or settlement, a provision in an agreement, policy, procedure, or contract, including bylaws, that purports to waive any provision of this subchapter is void. (b) However, the time periods for compliance with procedural requirem…

On and after August 1, 2017, this subchapter shall apply to any investigation or professional review activity at any stage.

(a) Within sixty (60) days of a final decision that adversely affects a physician, a physician may file a petition to remedy a violation of this subchapter by filing the petition in:(1) The circuit court of the county in which the professional review activity occurred; or(2) The …

(1) As used in this subchapter:(1) “Childcare facility” means a facility licensed under the Childcare Facility Licensing Act, § 20-78-201 et seq.;(2) “Freestanding birthing center” means a facility, institution, or place, which is not an ambulatory surgical center or a hospital o…

(a) The Secretary of the Department of Health shall establish the shaken baby syndrome education program by:(1) Not later than one (1) year after August 16, 2013, developing educational materials that present readily comprehensible information for new parents on shaken baby syndr…

(a) A copy of the shaken baby syndrome educational materials developed under § 20-9-1402 or comparable material shall be distributed:(1) By a child birth educator, a pediatric physician's office, or an obstetrician's office to an expectant parent who uses the services of the chil…

(a) At the conclusion of a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq., if a child has been shaken or has an abusive or nonaccidental head trauma, the investigative agency shall identify the type of physical abuse in the child welfare in…

The State Board of Health shall adopt rules to implement this subchapter.

(1) As used in this subchapter:(1) “Biological sex” means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present…

(a) A physician or other healthcare professional shall not provide gender transition procedures to any individual under eighteen (18) years of age. (b) A physician or other healthcare professional shall not refer any individual under eighteen (18) years of age to any healthcare p…

(a) Public funds shall not be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual that provides gender transition procedures to an individual under eighteen (18) years of age. (b) Healthcare services furnished in the following sit…

(a) Any referral for or provision of gender transition procedures to an individual under eighteen (18) years of age is unprofessional conduct and is subject to discipline by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state. (…

(1) As used in this subchapter:(1) “Administrator” means the chief administrative officer in the Division of Health Facilities Services;(2) “Alcohol and drug abuse inpatient treatment center” means a distinct unit within a hospital facility in which services are provided for the …

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution without first obtaining a license therefor as provided or violating any provision of this subchapter or rules lawfully promulgated under this subchapter shall…

The State Board of Health may sue in the name of the state any person, partnership, association, or corporation in order to enjoin the establishing, conducting, managing, or operating of any institution within the meaning of this subchapter without the person's first having secur…

(a) There is established in the Department of Health a Division of Health Facilities Services, which shall be administered by a full-time salaried administrator under the supervision and direction of the Secretary of the Department of Health. (b) The Department of Health, through…

(a) In carrying out this subchapter, the State Board of Health is empowered and directed to:(1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate the purposes of this subchapter;(2) …

(a) The State Board of Health is empowered and directed to make an inventory of existing hospitals and medical facilities including public, nonprofit, and proprietary hospitals and medical facilities, to survey the need for construction of hospitals and medical facilities and, on…

(a) The State Board of Health may make application to the United States Surgeon General for and receive federal funds to assist in carrying out the survey and planning activities provided in § 20-9-206(a) and § 20-10-217(a). (b) The funds shall be deposited with the Treasurer of …