Title 20 — Public Health and Welfare

(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…

(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 …

(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 …

(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…

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…

(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…

(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…

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.

(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…

(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 …

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…

(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…

(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…

(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…

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…

(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…

(1) As used in this subchapter:(1) (A) “Gross receipts” means all compensation paid to intermediate care facilities for individuals with intellectual and developmental disabilities for services provided to residents, including without limitation client participation.(B) “Gross re…

(a) (1) There is levied a provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities to be calculated in accordance with this section.(2) (A) The provider fee shall be an amount calculated by the Division of Medical Services…

(a) The Director of the Division of Medical Services of the Department of Human Services shall administer this subchapter and shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) (1) In accordance with the Arkansas Administrative Procedure Act, §…

(a) (1) The provider fee assessed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund.(2) The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportio…

(1) As used in this chapter, unless the context otherwise requires:(1) “Court” shall mean circuit court;(2) “Guardian” shall mean one appointed to have the care and custody of the person of an incompetent person; and(3) “Incompetent person” shall mean a person as to whom it is pr…

Nothing contained in this chapter shall be construed to limit or restrict the right of a competent adult to consent to a sterilization procedure on himself or herself or to render liable any licensed hospital or its governing body or members thereof, or its superintendent, admini…

(a) The circuit court shall have exclusive jurisdiction over all proceedings under this chapter, subject to the right of appeal. (b) The venue for all proceedings under this chapter shall be:(1) In the county of this state which is the domicile of the incompetent person; or(2) If…

(a) A guardian, in the case of an adult who is an alleged incompetent person, or a parent or guardian, in the case of a minor who is an alleged incompetent person, may petition the court for the sterilization, under this chapter, of an alleged incompetent. (b) The petition shall …

(a) Notice of the hearing for sterilization need not be given to any person:(1) Who has signed the petition;(2) Who has in writing waived notice of the hearing;(3) Who actually appears at the hearing; or(4) Whose existence, relationship to the alleged incompetent person, or where…

(a) (1) In determining the incompetence of a person for whom sterilization is sought, the court shall require that the evidence of incompetence include the testimony of at least two (2) medical witnesses who shall be found by the court to be qualified. The testimony of one (1) wi…

If the petition is granted, the court may order that the incompetent be sterilized by X-ray or by vasectomy, in the case of a male incompetent person, or salpingectomy, in the case of a female incompetent person, or other procedure as at the time may constitute a procedure genera…

An order for sterilization may be appealed from as in other cases at law or in equity, and no such order shall be executed during the time that an appeal may be taken or while an appeal is pending.

(a) No action shall be brought against any licensed hospital or its governing body, the members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor against any physician, nurse, or other person who participates in the performance of …

ARTICLE I The Interstate Compact on Mental Health is enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:ARTICLE I The party states find that the proper and expeditious treatment of the mentally ill an…

(a) Under this compact, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, or his or her designee, shall be the compact administrator and, acting jointly with like officers of other party states, shall have power to p…

(a) The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Article VII and Article XI of the compact. (b) In the event that supplementary agreements shall require or contemplate the use o…

The compact administrator, subject to the approval of the Chief Fiscal Officer of the State, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the circuit cour…

Authorized copies of this chapter shall, upon its approval, be transmitted by the Secretary of State to the Governor of each state, the Attorney General, and the United States Secretary of State, and the Council of State Governments.

(a) As used in this section:(1) (A) “Over-the-counter diet pills” means a class of drugs that is labeled and marketed under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as existing on January 1, 2025, for the purpose of achieving weight loss that is lawfully…

This subchapter may be cited as the “Food, Drug, and Cosmetic Act”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Abandoned drug” means a drug which:(A) Is in the possession or control of a person who is without authority under law to possess, purchase, or sell;(B) In its present circumstances presents a danger to the…

The provisions of this subchapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale and includes the sale, dispensing, …

Nothing in this subchapter shall be construed as requiring the State Board of Health to report for the institution of proceedings under this subchapter any minor violations of this subchapter whenever the board believes that the public interest will be adequately served under the…

(a) Any person who violates any of the provisions of this subchapter shall be guilty of a misdemeanor and for such offense shall, upon conviction, be fined an amount not to exceed five hundred dollars ($500), or shall be sentenced to not more than one (1) year's imprisonment, or …

It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

In addition to the remedies provided in § 20-56-205, the State Board of Health is authorized to apply to the proper circuit court for, and the court shall have jurisdiction, upon hearing and for cause shown, to grant, a temporary or permanent injunction restraining any person fro…

(1) A food shall be deemed to be adulterated:(1) (A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health.(B) However, if the substance is not an added substance, the food shall not be considered adulterated under subd…

(1) A food shall be deemed to be misbranded:(1) If its labeling is false or misleading in any particular;(2) If it is offered for sale under the name of another food;(3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the wor…

(1) A drug or device shall be deemed to be adulterated:(1) (A) If it consists in whole or in part of any filthy, putrid, or decomposed substance;(B) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or …

(1) A drug or device shall be deemed to be misbranded:(1) If its labeling is false or misleading in any particular;(2) If in package form unless it bears a label containing:(A) The name and place of business of the manufacturer, packer, or distributor. However, in the case of any…

(1) A cosmetic shall be deemed to be adulterated:(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are custo…

(1) A cosmetic shall be deemed to be misbranded:(1) If its labeling is false or misleading in any particular;(2) If in package form unless it bears a label containing:(A) The name and place of business of the manufacturer, packer, or distributor; and(B) An accurate statement of t…

(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) (1) (A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement repres…