Title 20, Public Health and Welfare

(a) (1) The Arkansas Manufactured Home Commission shall suspend the license or certificate of each licensee, installer, retailer, or manufacturer until such time as the licensee, installer, retailer, or manufacturer reimburses award amounts paid on its behalf to the Manufactured …

(a) The Arkansas Manufactured Home Commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a s…

On January 1 of any year, if the Manufactured Housing Recovery Fund exceeds four hundred thousand dollars ($400,000), the Arkansas Manufactured Home Commission may approve the use of up to five percent (5%) of the fund balance above that amount for training and education programs…

The Arkansas Manufactured Home Commission may establish rules for implementation of this chapter.

(1) As used in this chapter:(1) “Critical items” means those aspects of operation or conditions of facilities or equipment which, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. These include:(A) Restriction of employees w…

(a) Any person operating a public swimming pool in violation of this chapter or rules adopted pursuant to this chapter shall be guilty of a violation. (b) (1) Upon conviction, that person shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500…

(1) The Department of Health is authorized:(1) To carry out or cause to be carried out all provisions of this chapter;(2) To collect all fees provided for in this chapter;(3) To prescribe such rules governing the alteration, construction, sanitation, safety, and operation of publ…

(a) No person shall operate a public swimming pool who does not hold a valid permit issued to him or her by the Department of Health. (b) Every person who shall engage in the business of operating a public swimming pool shall procure a permit from the department for each public s…

The Department of Health may suspend or revoke any permit to operate a public swimming pool issued pursuant to this chapter if the department has reasonable cause to believe that the permittee is not in compliance with this chapter or the permittee has repeatedly violated require…

(a) The annual permit fee to operate a public swimming pool shall be twenty-five dollars ($25.00), except as outlined in subsection (b) of this section, due and payable each January 1. The permit fee shall be due and payable before beginning operation of any new public swimming p…

(a) All fees and fines levied and collected under this chapter are declared to be special revenues and shall be deposited into the State Treasury to be credited to the Public Health Fund. (b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, th…

This chapter may be known and may be cited as the “Arkansas Electrical Code Authority Act”.

(1) As used in this chapter:(1) [Repealed.](2) [Repealed.](3) [Repealed.](4) “Electrical facilities” means all wiring fixtures, appurtenances, and appliances for and in connection with a supply of electricity within or adjacent to any building, structure, or conveyance but not in…

(a) The following types of construction and structures shall be exempted from this chapter:(1) Any construction, installation, maintenance, repair, or renovation by a public utility regulated by the Arkansas Public Service Commission, by a rural electric association or cooperativ…

(a) Beginning January 1, 1992, the Board of Electrical Examiners of the State of Arkansas is empowered to adopt rules to establish statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work. (b) The boar…

(a) Beginning January 1, 1992, unless specifically exempted under this chapter, no person or electrician shall perform any construction, installation, or maintenance of electrical facilities or perform electrical work in this state except in compliance with the statewide standard…

(1) As used in this chapter:(1) “Commercial medical waste” means any medical waste transported from a generator to an off-site disposal facility when the off-site disposal facility is engaged in medical waste disposal for profit;(2) [Repealed.](3) “Facility” means all contiguous …

A healthcare facility accepting medical waste for disposal from the physicians and surgeons who are on the staff of the healthcare facility shall be classified as an on-site facility and shall not be subject to this chapter.

(a) Any person who violates any provision of this chapter shall be guilty of a felony. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year, or a fine of not more than twenty-five thousand dollars ($25,000), or both. (b) In addition, any pe…

(a) All fees and fines levied and collected under §§ 20-32-103 and 20-32-107 are declared to be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund to be used exclusively for the enforcement of laws and regulations pertaining to …

(a) (1) The Division of Arkansas State Police and the enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation may stop vehicles suspected of transporting commercial medical waste to assure that all required permits for transportin…

(a) The Department of Health may regulate the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities. (b) These rules shall include:(1) Criteria for issuing operational licenses to treaters or dispos…

(a) No person may transport, treat, or dispose of commercial medical waste without first obtaining an operating license from the Department of Health. (b) The treater or disposer, or transporter shall submit an application for an operating license and an application fee of two hu…

(a) This section shall not apply to commercial medical waste incineration facilities which are required to comply with the provisions for obtaining a permit under § 8-6-1301 et seq. (b) No person shall operate or construct a commercial medical waste facility without submitting an…

(1) No applications shall be accepted nor shall permits be issued pursuant to § 20-32-108 by the Department of Health for the construction or operation of a facility in which any of the following factors is present:(1) The location of the facility is within a “regulatory floodway…

(a) No operational licenses shall be issued to any transporter of commercial medical waste unless that transporter shows evidence that:(1) Each vehicle used for the transportation of commercial medical waste is covered by liability insurance in an amount specified by the Departme…

Nothing in this subchapter shall be construed to affect the authority of cities and counties to enact zoning regulations or procedures that control the location of medical waste facilities or sites.

(a) Any person or carrier, or any officer, employee, agent, or representative thereof, while operating any vehicle transporting medical waste or which is authorized to transport medical waste, who shall violate any of the rules, including safety rules, prescribed or hereafter pre…

(a) As used in this section:(1) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service…

(a) (1) A manufacturer of modular or factory-built structures, other than manufactured housing that is governed by the United States Department of Housing and Urban Development, certified to do business in the State of Arkansas may contract with an independent third-party complia…

This chapter shall be known and may be cited as the “Genetic Research Studies Nondisclosure Act”.

As used in this chapter, “genetic research study or studies” means those genetic research studies approved by an institutional review board as defined in 21 C.F.R., Part 50, as it existed on January 1, 2001, or conducted subject to the requirements of the federal common rule at 2…

(a) No research records of individual subjects in genetic research studies shall be:(1) Subject to subpoena or discovery in civil suits, except in cases in which the information in the records is the basis of the suit; or(2) Disclosed to employers or health insurers without the i…

(a) The Department of Health shall establish and administer a program for the registration of biological agents. (b) The biological agent registry shall identify the biological agents possessed and maintained by any person in this state and shall contain other information require…

(1) As used in this chapter:(1) “Biological agent” means:(A) Any select agent that is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listed in 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003;(B) Any genetically modified microorganisms or genetic e…

(a) (1) The Department of Health shall adopt rules for the implementation of the biological agent registry program as follows:(A) Determining and listing the biological agents required to be reported under this section;(B) Designating persons required to make reports and specific…

(a) (1) The Department of Health shall impose a civil penalty for a willful or knowing violation of this section in the amount of up to one thousand dollars ($1,000).(2) Each day of a continuing violation shall be a separate offense. (1) The Department of Health shall impose a ci…

(a) In order for the Department of Health to fully perform the duties outlined in § 20-36-103, the department shall diligently pursue funding for bioterrorism and for the biological agent registry. (b) The department's administration of this registry program is subject to adequat…

(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…

(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…

(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…

(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…

(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…

(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…

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.

(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…