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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. § 20-9-1501 Definitions
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(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…
Ark. Code Ann. § 20-9-1502 Prohibition of gender transition procedures for minors
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(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…
Ark. Code Ann. § 20-9-1503 Prohibition on use of public funds for gender transition procedures
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(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…
Ark. Code Ann. § 20-9-1504 Enforcement

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(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. (…

Ark. Code Ann. § 20-9-201 Definitions

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(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 …

Ark. Code Ann. § 20-9-202 Penalties

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(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…

Ark. Code Ann. § 20-9-203 Injunction

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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…

Ark. Code Ann. § 20-9-204 Administration by Division of Health Facilities Services

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(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…

Ark. Code Ann. § 20-9-205 Powers and duties of State Board of Health

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(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) …

Ark. Code Ann. § 20-9-206 Construction program — Survey and planning activities

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(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…

Ark. Code Ann. § 20-9-207 Construction program — Federal funds for surveying and planning

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(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 …

Ark. Code Ann. § 20-9-208 Construction program — State plan

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(a) (1) The State Board of Health shall prepare and submit to the United States Surgeon General a state plan which shall include the hospital and medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, admini…

Ark. Code Ann. § 20-9-209 Construction program — Application for funds

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(a) Applications for hospital and medical facilities construction projects for which federal funds are requested shall be submitted to the State Board of Health and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency autho…

Ark. Code Ann. § 20-9-210 Construction program — Payment of installments

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The State Board of Health shall from time to time cause to be inspected each construction project approved by the United States Surgeon General. If the inspection warrants, the Department of Health shall certify to the United States Surgeon General that work has been performed up…

Ark. Code Ann. § 20-9-211 Construction program — Federal funds

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(a) The State Board of Health is empowered to receive federal funds in behalf of, and transmit them to, such applicants. (b) Money received from the United States Government for a construction project shall be deposited with the Treasurer of State as a trust fund. The fund shall …

Ark. Code Ann. § 20-9-212 Minimum standards for hospitals and other institutions

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(a) The State Board of Health shall require hospitals and other institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the Department of Health as may be promulgated in accordance with the federal act and f…

Ark. Code Ann. § 20-9-213 License required — Administration by State Board of Health

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(a) No hospital, recuperation center, or related institution shall be established, conducted, or maintained in this state without obtaining a license. (b) The State Board of Health may provide, by properly promulgating rules, for the issuance of a recuperation center license. (c)…

Ark. Code Ann. § 20-9-214 Issuance of license — Fees

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(a) The State Board of Health shall issue licenses for the operation of institutions, subject to this subchapter, when the institutions are found to comply with the provisions of this subchapter and such rules as are lawfully promulgated by the Department of Health. (b) The Depar…

Ark. Code Ann. § 20-9-215 License — Denial, suspension, and revocation

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(a) The State Board of Health is empowered to deny, suspend, or revoke licenses on any of the following grounds:(1) Violation of any of the provisions of this subchapter or the rules lawfully promulgated under this subchapter; or(2) Permitting, aiding, or abetting the commission …

Ark. Code Ann. § 20-9-216 License — Judicial review

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(a) Any applicant or licensee who is dissatisfied with the decision of the State Board of Health or other body designated by the Department of Health or this subchapter as a result of the hearing provided in § 20-9-215 may appeal to the Pulaski County Circuit Court for judicial r…

Ark. Code Ann. § 20-9-217 Alterations, additions, and new construction of facilities

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(a) Before commencing alterations, additions, or new construction under this subchapter, a facility shall submit plans, including a plumbing plan that includes the plumbing as defined in § 17-38-101 and the water supply line and sewage line designs, and specifications that have b…

Ark. Code Ann. § 20-9-218 Emergency services facilities

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(a) The Department of Health is empowered to license under this subchapter and §§ 20-10-213 — 20-10-231 those hospitals which have discontinued inpatient services to continue to provide emergency services. (b) The emergency services facilities shall be subject to inspection and t…

Ark. Code Ann. § 20-9-219 Inspections of facilities — Definitions

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(a) As used in this section:(1) “Accrediting organization” means an organization that awards accreditation or certification to hospitals or managed care organizations and has been recognized by the Centers for Medicare & Medicaid Services for deemed status, including without limi…

Ark. Code Ann. § 20-9-220 Annual report

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The Department of Health shall make an annual report of its activities and operations under this subchapter to the Governor and shall make such information available to the General Assembly as may be requested.

Ark. Code Ann. § 20-9-221 Information confidential

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(a) Information received by the Department of Health through inspection, or otherwise, authorized under this subchapter, shall not be disclosed publicly in such manner as to identify individuals or institutions except in a proceeding involving the question of licensing or revocat…

Ark. Code Ann. § 20-9-222 Certification fee

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The Department of Health may levy and collect a fee for the issuance of an annual certification to child health management services clinics. The certification fee for a child health management services clinic shall be an annual fee of one thousand dollars ($1,000).

Ark. Code Ann. § 20-9-223 Medical office licensure

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A medical office owned and operated by a physician or more than one (1) physician may apply for licensure by the State Board of Health as an outpatient surgery center.

Ark. Code Ann. § 20-9-224 Rural emergency hospitals

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(a) A healthcare facility shall be eligible to apply for a rural emergency hospital license if the healthcare facility on or before December 27, 2020, was a:(1) Licensed critical access hospital;(2) General hospital with not more than fifty (50) licensed beds located in a county …

Ark. Code Ann. § 20-9-301 Posting of room rates

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(a) All public and private hospitals located and operated in this state shall post in some conspicuous place in each patient's room the daily room rates for both a private and a semiprivate room. (b) Any hospital or person violating subsection (a) of this section shall be guilty …

Ark. Code Ann. § 20-9-302 Abortion clinics, health centers, etc. — Definitions

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(a) (1) (A) (i) A hospital shall not perform an abortion unless the abortion is to save the life of the pregnant woman in a medical emergency under § 5-61-304 or § 5-61-404.(ii) An abortion permitted under § 5-61-304 or § 5-61-404 shall not be performed or attempted unless the ab…

Ark. Code Ann. § 20-9-304 Use of records for medical research

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(a) All information, interviews, reports, statements, memoranda, or other data of the State Board of Health, the Arkansas Medical Society, allied medical societies, or in-hospital staff committees of licensed hospitals, but not the original medical records pertaining to the patie…

Ark. Code Ann. § 20-9-305 Annual reports — Nonprofit hospitals

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(a) (1) Any nonprofit hospital association or corporation organized under the laws of this state that operates and maintains a hospital facility in this state primarily for providing hospital services for the employees of any corporation or company engaged in interstate commerce …

Ark. Code Ann. § 20-9-306 Annual reports — Public-supported hospitals

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(a) All public-supported hospitals in the State of Arkansas shall publish an annual report including financial statements showing profits, expenditures, and operating costs. (b) Every such hospital shall publish its annual report in a newspaper of general circulation within the c…

Ark. Code Ann. § 20-9-307 Itemized statement for services, drugs, and supplies

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(a) (1) Upon the patient's request at the time of discharge of each patient or at the time of billing the patient or the insurance company for the patient or at the time of billing the patient or the insurance company for the hospital services, drugs, and supplies, each hospital …

Ark. Code Ann. § 20-9-308 Advice by hospital employees to reviewing committees

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When requested, any physician, surgeon, hospital administrator, nurse, technologist, and any other person engaged in work in or about a licensed hospital and having any information or knowledge relating to the medical and hospital care provided in the hospital or to the efficient…

Ark. Code Ann. § 20-9-309 Emergency Medical Care Act — Definitions

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(a) This section may be cited as the “Emergency Medical Care Act”. (b) Because of the need for rapid assessment and care, in order to protect the life and health of the people of Arkansas during a medical emergency, it is found and declared necessary:(1) To establish a definition…

Ark. Code Ann. § 20-9-310 No liability for furnishing medical records or accessing information pursuant to subpoena or other legal obligation or authority

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(1) Notwithstanding any other law to the contrary, no person or medical facility serving as a custodian of health or medical records shall be subject to any civil or criminal liability for:(1) Providing access to or producing copies of the records pursuant to a subpoena issued by…

Ark. Code Ann. § 20-9-311 Findings — Definitions

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(a) The General Assembly finds that:(1) Numerous workers who are occupationally exposed to blood-borne pathogens have contracted fatal and other serious viruses and diseases, including the human immunodeficiency virus (HIV), hepatitis B, and hepatitis C, from exposure to blood an…

Ark. Code Ann. § 20-9-312 Written agreements of abortion facility

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(a) (1) An abortion facility shall enter into a written agreement with a licensed acute care hospital that is capable of treating patients with unforeseen complications related to procedures performed at an abortion facility.(2) Under the written agreement described in subdivisio…

Ark. Code Ann. § 20-9-313 Deferral of authority of Department of Health to Centers for Medicare & Medicaid Services — Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities — Legislative findings and intent — Authority

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(a) The General Assembly finds that:(1) The Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities allow:(A) Participating ambulatory surgery centers to convert to licensed h…

Ark. Code Ann. § 20-9-314 Hospital pricing transparency — Legislative findings

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(a) The General Assembly finds that:(1) Under 45 C.F.R. Part 180, each hospital operating in the United States is required to provide clear, accessible pricing information online about the items and services that the hospital provides; and(2) Easy-to-understand pricing informatio…

Ark. Code Ann. § 20-9-401 Definitions

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(1) As used in this subchapter:(1) “Freestanding birthing center” means any facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which…

Ark. Code Ann. § 20-9-402 Deliveries — Dismissal of mother and infant

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(a) A freestanding birthing center shall have a qualified medical director, and deliveries shall be performed by a qualified physician or by a certified nurse midwife in accordance with an arrangement with a physician as required by § 17-87-101 et seq. (b) A mother and her infant…

Ark. Code Ann. § 20-9-403 Regulation by Department of Health

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(a) The Department of Health shall establish and enforce rules:(1) Setting minimum standards for the construction, maintenance, and operation of a freestanding birthing center; and(2) Setting qualifications for medical directors of freestanding birthing centers and for physicians…

Ark. Code Ann. § 20-9-404 License fee

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The Department of Health may levy and collect a fee for the issuance of an annual license to a freestanding birthing center. The license fee for a freestanding birthing center shall be an annual fee of one thousand dollars ($1,000).

Ark. Code Ann. § 20-9-405 Practice of midwifery

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Nothing in this subchapter shall be construed to prohibit the lawful practice of lay midwifery in any location under the Licensed Lay Midwife Act, § 17-85-101 et seq.

Ark. Code Ann. § 20-9-501 Definition

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(1) As used in this subchapter, “peer review committee” or “committee” means a committee of a hospital medical staff, a committee of a state or local professional association, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a p…

Ark. Code Ann. § 20-9-502 Liability of committee members

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(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a peer review committee for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts…

Ark. Code Ann. § 20-9-503 Proceeding and records confidential — Exception

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(a) (1) The proceedings and records of a peer review committee shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by the commi…

Ark. Code Ann. § 20-9-601 Definition

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(a) As used in this subchapter, “of unsound mind” means the inability to perceive all relevant facts related to one's condition and proposed treatment so as to make an intelligent decision based thereon, whether or not the inability is:(1) Only temporary, has existed for an exten…