Title 20, Public Health and Welfare

The counseling, advice, or recommendation consistent with medical standards of care by a medical professional licensed under state law is not a violation of this subchapter.

(a) Except in the case of gross negligence or willful misconduct, a person or entity that manufacturers, imports, distributes, prescribes, dispenses, administers, or is otherwise involved in the care of an eligible patient using an individualized investigational treatment is immu…

This subchapter does not require the Department of Human Services or the Arkansas Medicaid Program to provide additional coverage for an individualized investigational treatment.

The State Board of Health shall have the power to enforce this subchapter by appropriate action for injunction in the circuit courts of this state.

(a) (1) (A) There is created an advance universal newborn screening program to be administered by the Department of Health.(B) (i) All newborn infants shall be tested for core medical conditions as listed in the recommended uniform screening panel recommended by the United States…

This subchapter shall not apply to any child whose parents or guardian objects thereto on the grounds that it conflicts with the tenets and practices of a recognized church or religious faith of which the parent or guardian is an adherent or member.

(1) It shall be the duty of the Department of Health to:(1) Enforce this subchapter;(2) Prescribe the tests that may be administered in compliance with this subchapter;(3) Promulgate rules in conjunction with the Insurance Commissioner establishing:(A) What persons and institutio…

(a) Every physician practicing medicine in the State of Arkansas shall report to the Department of Health any case or suspected case of Reye's syndrome disease which he or she is attending, or has examined, or for which the physician has prescribed. (b) The report shall be made a…

This subchapter shall be known and may be cited as the “Sudden Infant Death Syndrome Act”.

(a) Any sheriff, deputy sheriff, city police officer, state police officer, member of the staff of any public or private hospital, or attending physician with knowledge of the sudden death of a child between the ages of one (1) week and one (1) year who appeared in apparent good …

(a) Upon receipt of the report, the county coroner, or the county sheriff if the county coroner is unavailable, shall request from the parents or guardian of the deceased written permission upon a form provided by the Department of Health for an autopsy to be made to determine th…

The Department of Health shall provide for the transportation and the autopsy as provided in § 20-15-503 only so long as federal funds are available to the department for the transportation and autopsies of suspected victims of sudden infant death syndrome.

(a) (1) It is declared and found that one (1) of the major problems facing medicine and the public health and welfare is the lack of an adequate program to assist in the treatment and cure of persons suffering from chronic kidney disease.(2) It is estimated that a number of citiz…

(a) (1) There is established a State Kidney Disease Advisory Council to consist of seven (7) members.(2) Seven (7) members shall be appointed by the State Board of Health as follows:(A) Three (3) members who are knowledgeable in renal medicine and the treatment of end-stage renal…

(a) The Department of Health, in consultation with the State Kidney Disease Advisory Council, shall:(1) (A) (i) Administer a program to assist persons suffering from acute or chronic renal failure in obtaining care and treatment requiring kidney dialysis or transplantation.(ii) S…

(a) (1) The Secretary of the Department of Health shall be the disbursing officer of funds appropriated by the General Assembly and of other funds made available to the Department of Health for such purposes.(2) These funds are to provide monetary assistance to defray the cost in…

As used in this subchapter, “active tuberculosis” means that the disease is in a communicable or infectious stage as established by chest X-ray, microscopical examination of sputum, or other diagnostic procedures approved by the Secretary of the Department of Health.

Any person who violates any of the provisions of this subchapter shall be guilty of a violation and upon conviction shall pay a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100).

(a) When the state, county, or city health officer shall have reasonable grounds to believe that any person has tuberculosis in an active state or in a communicable form and who will not voluntarily seek a medical examination or treatment, the health officer may cause the person …

(a) If the health officer finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and if the person will not voluntarily seek medical treatment and is a source of danger to others, then the health office…

(a) Upon receiving the petition, the court shall fix a date for a hearing on the petition and shall cause notice of the petition, with the time and place for the hearing, to be served personally at least seven (7) days before the hearing upon the person who has tuberculosis and i…

The petition shall be heard in open court, and the respondent to the petition shall have the privilege of counsel of his or her own selection.

(a) If upon hearing of the petition the court finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and that the person will not voluntarily seek medical treatment and is a source of danger to others, …

(a) A person who is committed to the hospital or sanatorium under the provisions of this subchapter shall observe all the rules and regulations of the hospital or sanatorium. (b) The superintendent of the institution may file a complaint in the district court against a person com…

(a) The superintendent of the institution to which a person has been committed under this subchapter may discharge the person so committed upon signing and placing among the records of the institution a statement that the person has obeyed the rules and regulations of the institu…

(a) A person committed to an institution who is found guilty of violating the rules and regulations of the institution or of conducting himself or herself in a disorderly manner may be confined for a period not to exceed six (6) months in any place where persons convicted of diso…

(a) The General Assembly recognizes that scoliosis is a terrible disease of the spine which attacks young children during their formative years and that the spinal curvature can be relatively easily detected and should be treated as early as possible. (b) The General Assembly has…

Every public elementary and secondary school in this state, every other institution supported by state funds which provides education to our minor children, and all private institutions which provide education to our minor children shall as soon as possible institute a continuing…

(a) The Division of Elementary and Secondary Education, in coordination with the State Board of Health, shall promulgate rules as soon as possible to implement this subchapter. (b) The rules shall provide that:(1) A child is not to be screened if his or her parent or guardian obj…

(a) The Department of Health shall institute an acquired immune deficiency syndrome (AIDS) testing program whereby any citizen may be tested for the virus without charge. (b) The program shall be so devised as to maintain secrecy as to the identification of persons voluntarily pa…

The Division of Elementary and Secondary Education, the University of Arkansas for Medical Sciences, and the Department of Health shall jointly provide counseling and shall also conduct public seminars designed to educate the public regarding acquired immune deficiency syndrome (…

(a) Before receiving any healthcare services of a physician or dentist, any person who is found to have human immunodeficiency virus (HIV) infection shall advise the physician or dentist that the person has human immunodeficiency virus (HIV) infection. (b) Any person failing or r…

(a) A person with acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies is infectious to others through the exchange of body fluids during sexual intercourse and through the parenteral transfer…

(a) As used in this section:(1) “Affected individual” means a healthcare provider, employee of a health facility, or emergency response worker who is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of another individual;(2) “Emergency response…

(a) Reports shall be made to the Department of Health in the form and manner as may be required by the department for all persons who have been determined to have acquired immunodeficiency syndrome or who have tested positive for the presence of human immunodeficiency virus antig…

This section and §§ 20-15-908 and 20-15-909 shall be known and may be cited as the “Human Immunodeficiency Virus (HIV) or Acquired Immunodeficiency Syndrome (AIDS) Medications Act of 2001”.

(1) It is found and determined by the General Assembly that:(1) The citizens of Arkansas suffering from human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) should have access to the latest drug therapies;(2) The continued spread of human immunodeficien…

The State Board of Health shall promulgate rules to provide for the distribution of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) medications to Arkansas citizens without ample resources or available avenues to acquire their medically necessary m…

(1) As used in this subchapter:(1) “Asexual reproduction” means reproduction not initiated by the union of oocyte and sperm;(2) “Embryo” means an organism of the species Homo sapiens from the single cell stage to eight (8) weeks of development;(3) “Fetus” means an organism of the…

(a) It is unlawful for any person or entity, public or private, to intentionally or knowingly:(1) Perform or attempt to perform human cloning;(2) Participate in an attempt to perform human cloning;(3) Ship, transfer, or receive for any purpose an embryo produced by human cloning;…

(a) This subchapter does not restrict areas of scientific research not specifically prohibited by this subchapter, including research into the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues,…

This subchapter does not create a private right of action.

(a) A physician may distribute information regarding organ and tissue donation to a pregnant woman when the unborn fetus is diagnosed with a fatal fetal condition which will result in death within three (3) months of birth. (b) The information shall include:(1) The telephone numb…

This subchapter shall be known and may be cited as the “Unborn Child Pain Awareness and Prevention Act”.

(1) As used in this subchapter:(1) (A) “Abortion” means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a female known to be pregnant.(B) However, “abortion” does not include the termination of a …

(1) Except in the case of a medical emergency:(1) At least twenty-four (24) hours before an abortion is performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregna…