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Arkansas Statutes, Title 20

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Arkansas/Statutes

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Title 20, Public Health and Welfare

63 chapters · 2,725 sections in this title.

All chapters in Title 202,725 Ch 77, Medical Assistance241 Ch 16, Reproductive Health215 Ch 10, Long-Term Care Facilities and Services191 Ch 13, Emergency Medical Services151 Ch 17, Death and Disposition of the Dead139 Ch 27, Miscellaneous Health and Safety Prov…130 Ch 15, Disease and Disease Prevention Generally114 Ch 9, Health Facilities and Services Generally112 Ch 64, Alcohol and Drug Abuse106 Ch 7, State Board of Health — Department o…96 Ch 76, Public Assistance Generally92 Ch 47, Treatment of Persons With Mental Illness83 Ch 22, Fire Prevention, Protection, and Safety81 Ch 48, Treatment of Persons With Developmen…74

2,725 sections·Filtered byTitle 20✕

Ark. Code Ann. § 20-48-204 Board of Developmental Disabilities Services — Officers — Proceedings
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(a) The Board of Developmental Disabilities Services shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor shall be chosen. The chair shall preside at meetings of the board, and in his or her absence, the vice c…
Ark. Code Ann. § 20-48-205 Board of Developmental Disabilities Services — Powers and duties
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(a) The Board of Developmental Disabilities Services:(1) Shall:(A) Have charge of the properties used for the purposes of the human development centers;(B) Supervise:(i) Appointment of employees;(ii) Performance of duties by employees, including off-premises assignments for educa…
Ark. Code Ann. § 20-48-206 Board of Developmental Disabilities Services — Human development centers — Powers and duties — Admission
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(a) With regard to the establishing and operating of the human development centers, the Board of Developmental Disabilities Services, in addition to the authorities, rights, and duties granted by this subchapter, shall continue to have all of its authorities, rights, and duties g…
Board of Developmental Disabilities Services — Contracts for provision of services

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Ark. Code Ann. § 20-48-207

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(a) If and to the extent necessary to accomplish the intended purpose of this subchapter to make available the broadest and most effective provision of intellectual and developmental disabilities services to those in need of the services, the Board of Developmental Disabilities S…

Ark. Code Ann. § 20-48-208 Board of Developmental Disabilities Services — License for facilities and institutions required

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(a) The Board of Developmental Disabilities Services shall:(1) Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and(2) Promuglate rules covering the issuance, suspension, and revocation of licenses and fi…

Ark. Code Ann. § 20-48-209 Board of Developmental Disabilities Services — Planning and implementation

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(a) (1) The Board of Developmental Disabilities Services is designated as the single state agency for the purpose of full participation under any federal act requiring the designation of a single state agency concerning planning, formulation, and implementation of programs, const…

Ark. Code Ann. § 20-48-210 Deputy Director of Division of Developmental Disabilities Services

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(a) (1) There is created the office of the Deputy Director of the Division of Developmental Disabilities Services.(2) The deputy director shall:(A) Be appointed by the Board of Developmental Disabilities Services in consultation with the Secretary of the Department of Human Servi…

Ark. Code Ann. § 20-48-211 Board of Developmental Disabilities Services — Community centers

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(a) (1) The Board of Developmental Disabilities Services may take the necessary action to establish and maintain, or to cause to be established and maintained, community centers, alone or together with public agencies or private organizations, at localities determined to be appro…

Ark. Code Ann. § 20-48-212 Amount requested for Special Olympics Arkansas

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(a) The Board of Developmental Disabilities Services, when preparing its biennial budget request for submission to the Governor and the Legislative Council, shall consult with Special Olympics Arkansas concerning the amount which is to be submitted as the request for each year of…

Ark. Code Ann. § 20-48-301 Purpose

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The purpose of this subchapter is to permit the Board of Developmental Disabilities Services to cooperate with public agencies or private nonprofit organizations of adjoining states to provide services for residents of Arkansas with intellectual and other developmental disabiliti…

Ark. Code Ann. § 20-48-302 Authority to participate

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(a) Subject to the conditions and limitations contained in this subchapter, the Board of Developmental Disabilities Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performin…

Ark. Code Ann. § 20-48-303 Terms

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(1) Every agreement or contract entered into in accordance with this subchapter shall specify the following:(1) Full names and addresses of all parties to the agreement;(2) The precise organization, composition, and nature of the legal or administrative entity that will be provid…

Ark. Code Ann. § 20-48-304 Approval by Attorney General required

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(a) At the discretion of the Board of Developmental Disabilities Services, every agreement made pursuant to this subchapter shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of this state before and…

Ark. Code Ann. § 20-48-305 Status of interstate compacts

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Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact.

Ark. Code Ann. § 20-48-401 Definitions

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(1) As used in this subchapter, unless the context otherwise requires:(1) [Repealed.](2) “Center” means a human development center; and(3) “Superintendent” means the superintendent of a human development center. (1) [Repealed.] (2) “Center” means a human development center; and (…

Ark. Code Ann. § 20-48-402 Penalties

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(1) Any person who violates the following provisions shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment for not less than six (6) months, or both:(1) …

Ark. Code Ann. § 20-48-403 Human development centers — Creation

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(a) There are created and there shall be maintained institutions for the care, custody, treatment, and training of individuals with intellectual and other developmental disabilities to be known as “human development centers”. (b) For the purposes of the institutions, the Board of…

Ark. Code Ann. § 20-48-404 Eligibility for admission

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An individual may be deemed eligible for admission to a human development center if, due to intellectual or other developmental disability, the individual is incapable of managing his or her affairs and the individual's welfare requires the special care, training, and treatment p…

Ark. Code Ann. § 20-48-405 Petition for admission

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(a) A parent or guardian of an individual with intellectual and developmental disabilities may file with the Board of Developmental Disabilities Services a verified petition requesting that the individual be admitted to the human development center. (b) The petition shall include…

Ark. Code Ann. § 20-48-406 Admission procedures

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(a) (1) Upon receipt of the petition under § 20-48-405, the Board of Developmental Disabilities Services shall make a determination as to whether or not a human development center then has adequate facilities and funds to properly care for, treat, and train the individual. If the…

Ark. Code Ann. § 20-48-407 Order of commitment

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(a) The order of commitment shall include the name, residence, and date of birth of the individual, the nationality and address, insofar as may be ascertained, of his or her parents, and the amount of his or her estate. (b) The order of commitment shall be made in duplicate and s…

Ark. Code Ann. § 20-48-408 Transfer of individuals from other institutions

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(a) The superintendent of a state institution other than a human development center may report to the examining physicians and request the examination of any individual therein deemed intellectually disabled. (b) Upon receipt of the report and request, the examining physicians sh…

Ark. Code Ann. § 20-48-409 Permit to visit

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(a) The Board of Developmental Disabilities Services may, under such conditions and for such length of time as it may deem advisable, permit an individual to leave a human development center for the purpose of visiting in a private home and may revoke or extend the period of the …

Ark. Code Ann. § 20-48-410 Return of individual

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Any officer authorized to serve criminal process shall, upon the written request of the superintendent, return to the human development center or hold in custody an individual who has escaped or who has been temporarily released from the center under a permit to visit.

Ark. Code Ann. § 20-48-411 Charges

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(a) (1) In the case of each petition for admission, the Board of Developmental Disabilities Services shall investigate and determine whether the individual or his or her parents or guardian can pay for the maintenance, training, education, or care of the individual.(2) The board …

Ark. Code Ann. § 20-48-412 Discharge

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(a) Any individual who has entered a human development center by voluntary admission in accordance with the provisions of § 20-48-406(b) may be withdrawn from the center at any time upon the application of the parent or guardian who has legal custody of the individual, provided t…

Ark. Code Ann. § 20-48-413 Emotionally disturbed individuals with co-occurring intellectual disabilities and behavioral health disabling conditions

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(a) The Board of Developmental Disabilities Services may establish and operate an appropriate facility at such location in the state as it shall determine for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditi…

Ark. Code Ann. § 20-48-414 Off-premises training for staff members

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(a) The Board of Developmental Disabilities Services is authorized to extend to selected staff members of the human development centers off-premises assignments for educational or training purposes. In determining whether to make the off-premises assignments, the board shall be g…

Ark. Code Ann. § 20-48-415 Board of Developmental Disabilities Services — Powers and duties — Proceedings — Appointment of superintendents

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(a) The government and control of the human development centers shall be vested in the Board of Developmental Disabilities Services. (b) The board:(1) Shall have charge of the property of the state which may be used for the purposes of the centers;(2) Shall make and execute its b…

Ark. Code Ann. § 20-48-416 Designation as state entity for carrying out federal acts

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(a) The Board of Developmental Disabilities Services is designated as the single state entity for carrying out any federal act or law pertaining to individuals with intellectual disabilities and other forms of developmental disabilities. (b) The board may take all action of every…

Ark. Code Ann. § 20-48-417 Property and personal effects of residents

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(a) (1) Within thirty (30) days after the death of a resident, a human development center shall provide an accounting and distribute all funds held in trust and all other property to:(A) The resident's personal representative, if a personal representative has been appointed by a …

Ark. Code Ann. § 20-48-418 Vocational trainees

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(1) The Division of Developmental Disabilities Services may provide employment opportunities for individuals with developmental disabilities who:(1) Reside at a human development center; and(2) Work at a less than competitive employment level. (1) Reside at a human development ce…

Ark. Code Ann. § 20-48-419 Prohibition on closure of human development centers

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The Board of Developmental Disabilities Services and the Department of Human Services shall not close any of the existing five (5) human development centers.

Ark. Code Ann. § 20-48-501 Liberal construction — Act supplemental

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(a) This subchapter shall be liberally construed. (b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. (c) Furthermore, this subchapter shall be construe…

Ark. Code Ann. § 20-48-502 Authority to acquire properties

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(a) The Board of Developmental Disabilities Services, established and existing pursuant to the provisions of § 20-48-401 et seq., is authorized to own, acquire, construct, reconstruct, extend, equip, improve, maintain, operate, lease, contract concerning, or otherwise deal in and…

Ark. Code Ann. § 20-48-503 Authority to issue revenue bonds and use available funds and revenues

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(a) The Board of Developmental Disabilities Services is authorized to use any available revenues for the accomplishment of the purposes specified and referred to in § 20-48-502 and is authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the …

Ark. Code Ann. § 20-48-504 Procedure for issuing revenue bonds

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(a) (1) Revenue bonds may be issued from time to time for any of the purposes set forth in § 20-48-502.(2) Each issue shall be authorized by resolution of the Board of Developmental Disabilities Services.(3) (A) The bonds of each issue shall be coupon bonds payable to bearer but …

Ark. Code Ann. § 20-48-505 Liability of Board of Developmental Disabilities Services for bonds

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(a) It shall be plainly stated on the face of each bond issued that the bond has been issued under the provisions of this subchapter. Bonds issued under the provisions of this subchapter shall be general obligations only of the Board of Developmental Disabilities Services, and in…

Ark. Code Ann. § 20-48-506 Nonliability of board members for bonds — Exception

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No member of the Board of Developmental Disabilities Services shall be personally liable on any bonds issued pursuant to this subchapter, or for any damages sustained by anyone in connection with agreements and contracts authorizing or pertaining to the bonds of any issue pursuan…

Ark. Code Ann. § 20-48-507 Revenue bonds secured by pledge of gross charges and surplus charges — Definition

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(a) The principal of, interest on, and paying agent's fees in connection with the revenue bonds of each issue shall be secured by a pledge of and payable in the first instance from the gross charges imposed by the Board of Developmental Disabilities Services pursuant to the provi…

Ark. Code Ann. § 20-48-508 Issuance of refunding bonds

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(a) Bonds may be issued pursuant to this subchapter for the purpose of refunding any issue of bonds theretofore issued under the provisions of this subchapter. (b) When refunding bonds are issued, the refunding bonds may either be sold or delivered in exchange for the bonds being…

Ark. Code Ann. § 20-48-509 Taxation of bonds

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Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes. This exemption includes income and estate taxes.

Ark. Code Ann. § 20-48-510 Municipalities, boards, commissions, etc., authorized to invest in bonds

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(a) Any municipality or any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality, or any county, or the…

Ark. Code Ann. § 20-48-511 Developmental disabilities — Timber sales proceeds — Capital improvements and equipment

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(a) (1) The Division of Developmental Disabilities Services is authorized to have cash fund accounts for capital improvements to physical plants and for the purchase of capital equipment for the five (5) human development centers operated by the division.(2) The cash funds shall …

Ark. Code Ann. § 20-48-701 Finding

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The General Assembly finds that the State of Arkansas contracts with nonprofit community programs serving individuals with developmental disabilities as quasi-governmental instrumentalities of the state in order to provide a service that the state would otherwise provide for this…

Ark. Code Ann. § 20-48-702 Reimbursement rate structure

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(a) (1) To provide viable options for an array of community-based services for individuals with developmental disabilities, the Department of Human Services, subject to state and federal funding restrictions, shall establish a reimbursement rate structure for contracting with com…

Ark. Code Ann. § 20-48-703 Eligibility

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(a) (1) Eligibility for services and appropriate placement in the least restrictive environment for individuals with intellectual and developmental disabilities under any of the service models included in the state's Medicaid plan with the Centers for Medicare & Medicaid Services…

Ark. Code Ann. § 20-48-704 Code system of reimbursement

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(a) The conversion to the federally mandated current procedural terminology code system of reimbursement shall take into account the intent of this law to provide sources of funding that cover the costs of services to individuals who choose community-based options, within the ado…

Ark. Code Ann. § 20-48-705 Membership of nonprofit organizations

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A nonprofit organization licensed or certified by the Division of Developmental Disabilities Services to serve adults shall include an individual with intellectual or other developmental disabilities as an ex officio member of the nonprofit organization's board of directors or ot…

Ark. Code Ann. § 20-48-812 Criminal history records checks required — Definitions

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(a) As used in this section:(1) “Employee” means:(A) An individual who currently works for or is being considered for hire by a service provider, including without limitation an independent contractor, subcontractor, intern, volunteer, trainee, or agent of the service provider; a…