Title 20, Public Health and Welfare

A copy of an executed physician order for life-sustaining treatment form has the same effect as the original physician order for life-sustaining treatment form.

This subchapter shall be known and may be cited as the “No Patient Left Alone Act”.

(1) The General Assembly finds that:(1) The coronavirus 2019 (COVID-19) pandemic has caused great uncertainty and anxiety across the state and has significantly affected the medical community, including hospitals;(2) Healthcare facilities have made many efforts to maintain a safe…

(1) As used in this subchapter:(1) (A) “Compassionate care visitation” means a visit with a friend or family member that is necessary to meet the physical or mental needs of a resident when a resident is exhibiting signs of physical or mental distress, including without limitatio…

(a) Upon the request of a patient with a disability, a hospital, office of a healthcare professional, or hospice facility licensed in this state shall allow a patient with a disability to designate at least three (3) support persons and shall allow at least one (1) support person…

(a) (1) A child has the right to have a parent, legal guardian, or person standing in loco parentis physically present with the child while the child receives care in a hospital or an office of a healthcare professional.(2) An adult patient has the right to have a spouse, support…

A patient who is receiving hospice care or the guardian, spouse, or support person of a patient who is receiving hospice care may designate additional family members and friends who may be physically present with the patient at reasonable times.

(a) (1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress.(2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protoco…

(a) A clergy member or lay person offering religious or spiritual support may be physically present with a patient to pray with or offer spiritual support for the patient while the patient receives care in a healthcare facility. (b) If a healthcare facility has a visitation polic…

(a) (1) Within thirty (30) days of March 10, 2021, the Department of Health and the Department of Human Services shall develop informational materials regarding this subchapter.(2) The Department of Health and the Department of Human Services shall present informational materials…

(a) An individual may file a complaint against a healthcare professional or healthcare facility for failing to comply with this subchapter with the appropriate state agency or licensing board, including the Department of Health and the Department of Human Services. (b) The approp…

(1) A healthcare facility may establish visitation policies that limit or restrict visitation when:(1) The presence of visitors would be medically or therapeutically contraindicated;(2) The presence of visitors would interfere with the care of or rights of any patient;(3) Visitor…

(a) Unless expressly required by federal law or regulation, a state survey agency or other state agency shall not take any action against a healthcare facility for:(1) Giving a visitor or other individual access to a healthcare facility, clinic, or other similar location under th…

(a) This subchapter does not apply to:(1) The Arkansas State Hospital;(2) A minor who is:(A) In the custody of the Division of Children and Family Services; or(B) A suspected victim in a pending maltreatment investigation;(3) An individual who is in the custody of the Department …

(a) (1) Every firm, person, or corporation violating any of the provisions of this act or any of the orders or rules issued in accordance with this act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more …

(a) The State Board of Health shall consist of the following members, to be appointed by the Governor subject to confirmation by the Senate as follows:(1) (A) Seven (7) members of the board shall be licensed medical doctors of good professional standing, to be appointed by the Go…

(a) The members of the State Board of Health shall elect one (1) of the members as president. (b) (1) The State Board of Health shall nominate to the Governor a Director of the Department of Health.(2) (A) The Governor shall appoint the director who shall serve at the pleasure of…

All appointed members of the State Board of Health may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(a) (1) The State Board of Health shall meet at least one (1) time every three (3) months.(2) Upon the call of the President of the State Board of Health or a majority of the members of the board, the board shall meet at such other times as may be necessary in the interest of pub…

The office of the State Board of Health shall be located in Little Rock, and the board shall be furnished with all necessary equipment and supplies, including laboratory supplies, books, stationery, blanks, furniture, etc., as are provided other officers of the state and as are n…

The Secretary of the Department of Health may appoint and employ an assistant director who shall be knowledgeable in the field of public health and whose duty it shall be to assist the secretary in the general supervision of the affairs of his or her office and in the enforcement…

The Department of Health may engage suitable persons to render sanitary service, to make or supervise practical and scientific investigations and examinations requiring expert skill, and to prepare plans and to report relative to sanitary service.

(a) (1) Power is conferred on the State Board of Health to make all necessary and reasonable rules of a general nature for:(A) The protection of the public health and safety;(B) The general amelioration of the sanitary and hygienic conditions within the state;(C) The suppression …

(a) (1) The State Board of Health has general supervision and control of all matters pertaining to the health of the citizens of this state.(2) The board shall make a study of the causes and prevention of infectious, contagious, and communicable diseases, and, except as otherwise…

(a) The State of Arkansas does accept the benefits of any acts now passed or hereafter to be passed by the United States Congress to provide for cooperation with the states in the protection of mothers and infants and promotion of a public health program. (b) (1) The State Board …

(a) It is made the duty of all officers and agents who have the control, charge, or custody of any public structure, work, grounds, or erection, or of any plan, description, outlines, drawings, or charts thereof or relating thereto, made, kept, or controlled under any public auth…

(a) (1) At any time, the Governor may require the State Board of Health to examine nuisances or questions affecting the security of life and health in any locality in the state, and in such cases the State Board of Health shall have all the necessary powers to make those examinat…

(a) (1) The State Board of Health shall establish, equip, and maintain a public health laboratory that shall be used for making:(A) Analyses of foods and drugs to enforce pure food and drug laws;(B) Analyses of the environment to investigate cases or suspected cases of human expo…

(a) (1) The State Board of Health shall prepare the necessary methods and forms and prescribe the rules regulating the issue and use of transfer permits, with the proper coupons attached thereto, to be issued by local organized boards of health or health officers, for the transpo…

(a) There is created within the Department of Health a State Hospice Office to be administered in a division of the department to be designated by the Secretary of the Department of Health. (b) (1) The office shall:(A) Coordinate the care of terminally ill persons with all existi…

(a) There shall be an annual conference of county health officers and city health officers of this state, meeting at such time and place as the State Board of Health designates. The President of the State Board of Health or some member of the board shall preside at the conference…

(a) When application is made and upon the payment of the fees provided in this section, the Department of Health may prepare and furnish to the applicant either a suitable metal tag commonly referred to as “dog tag” or an identification bracelet which may be inscribed with, in ad…

(a) No official, agent, or representative of the Department of Health shall have any right under this section to enter any home over the objection of the owner of the home or to take charge of any child over the objection of either or both parents or of the person standing in loc…

(a) It shall be the duty of the State Board of Health to make an annual written report through the Secretary of the Department of Health to the Governor on or before January 1 of each year. (b) The report shall include:(1) A financial statement covering the expenditures of all fu…

The State Board of Health may publish for general distribution such reports and other matter as it may deem useful in promoting the interest of the public health of this state.

(a) All revenue derived from fees collected pursuant to this section shall be deposited as special revenues into the State Treasury, where they shall be credited to the Public Health Fund. (b) These fees are as follows:(1) All fees prescribed in the Vital Statistics Act, § 20-18-…

All fees collected by the Department of Health for food-related establishment permits, septic tank permits, and milk permits shall be deposited into the State Treasury to the credit of the Public Health Fund and shall be for the use of the Division of Environmental Health Protect…

All salaries and other expenses provided for by this act which are not required to be paid by counties, cities, and incorporated towns shall be paid out of the Public Health Fund.

(a) The Department of Health may make overtime payments to employees engaged in the performance of home health activities. (b) The payments are to be in addition to compensation otherwise due the employees at the same rate currently paid to the employees for regular time, but on …

(a) (1) The State Board of Health may assess a fee for the maintenance of breath-testing instruments by law enforcement agencies for purposes contained in the Omnibus DWI or BWI Act, § 5-65-101 et seq., and § 5-65-201 et seq. (2) The fees collected shall be used for the support o…

(a) (1) The Department of Health may implement a reimbursement system to recover part or all of the costs of delivering services.(2) For the purpose of vaccine and vaccine administration reimbursement, if a private healthcare insurer declines or does not respond to a request to c…

(a) The purpose of this section is to more equitably allocate the costs between the state and responsible parties when unforeseen circumstances arise as a result of accidents and other man-made causes which require assistance from the Department of Health. The authority to recove…

(a) The mayor or county judge of any city or county that is providing facilities for a local unit of the Department of Health shall be consulted before the hiring of or the removal of the administrator of the local unit. (b) Notwithstanding the Freedom of Information Act of 1967,…

(a) The Department of Health shall develop guidelines for the cleanup of former clandestine methamphetamine drug labs. (b) The guidelines shall be made available on the department's website and shall be available to law enforcement officials and the public upon request. (c) The g…

(a) There is created a Child Health Advisory Committee to consist of twenty (20) members. (b) (1) The Secretary of the Department of Health shall appoint:(A) One (1) member to represent the Department of Health;(B) One (1) member to represent the Arkansas Academy of Nutrition and…

(a) The Child Health Advisory Committee shall meet at least one (1) time per month and make recommendations to the State Board of Education and the State Board of Health consistent with the intent and purpose of this section and §§ 20-7-133 and 20-7-135. (b) The committee shall d…