Title 20 — Public Health and Welfare

A.C.A. § 20-9-1305Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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.C.A. § 20-9-1307Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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 …

(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…

(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…

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…

(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 …

(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…

(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)…

(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…

(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 …

(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…

(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…

(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…

(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…

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.

(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…

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).

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.

(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 …

(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 …

(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…

A.C.A. § 20-9-303Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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…

(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 …

(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…

(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 …

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…