Table Of Content

Arkansas Code OF 1987 Annotated SUPPLEMENT 2011 VOLUME 20A Place in pocket of bound volume Prepared by the Editorial Staffofthe Publisher Under the Direction and Supervision ofthe ARKANSAS CODE REVISION COMMISSION Senator David Johnson, Chair Senator Sue Madison Representative John Vines Representative Darrin Williams Honorable Bettina E. Brownstein Honorable Don Schnipper Honorable David R. Matthews Honorable Stacy Leeds, Dean, University ofArkansas at Fayetteville, School ofLaw Honorable John DiPippa, Dean, University ofArkansas at Little Rock, School ofLaw Honorable Warren T. Readnour, SeniorAssistant Attorney General Honorable Marty Garrity, Assistant Director for Legal Services of the Bureau ofLegislative Research LexisNexis@ © Copyright 2007, 2009, 2011 BY The State ofArkansas All Rights Reserved LexisNexis andthe KnowledgeBurstlogo areregisteredtrademarks, andMichieis atrademark ofReedElsevierPropertiesInc. usedunderlicense.MatthewBenderisaregisteredtrademarkof Matthew BenderProperties Inc. For information about this Supplement, see the Supplementpamphletfor Volume 1 5051019 ISBN 978-0-327-10031-7 (Code set) ISBN 978-0-8205-7193-5 (Volume 20A) LexisNexis@ Matthew Bender & Company, Inc. 701 East Water Street, Charlottesville, VA 22902 www.lexisnexis.com (Pub.40604) TITLE 20 PUBLIC HEALTH AND WELFARE (CHAPTERS 45-86 IN VOLUME 20B) SUBTITLE GENERAL PROVISIONS 1. CHAPTER ARKANSAS MINORITY HEALTH COMMISSION. 2. SUBTITLE HEALTHAND SAFETY 2. CHAPTER. — STATE BOARD OF HEALTH DEPARTMENT OF HEALTH. 7. STATE HEALTHAGENCIES AND PROGRAMS. 8. HEALTH FACILITIESAND SERVICES GENERALLY. 9. 10. LONG-TERM CARE FACILITIESAND SERVICES. 13. EMERGENCY MEDICAL SERVICES. 14. INDIVIDUALS WITH DISABILITIES. DISEASE AND DISEASE PREVENTION GENERALLY. 15. REPRODUCTIVE HEALTH. 16. 17. DEATH AND DISPOSITION OF THE DEAD. 18. VITAL STATISTICSACT. ANIMALS. 19. 21. RADIATION PROTECTION. 22. FIRE PREVENTION, PROTECTION, AND SAFETY. 24. ELEVATORS, DUMBWAITERS, AND ESCALATORS. 25. ARKANSAS MANUFACTURED HOMES STANDARDSACT. 27. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS. 28. PUBLIC WATER SYSTEM SERVICEACT. 29. ARKANSAS MANUFACTURED HOME RECOVERYACT. 31. ARKANSAS ELECTRICAL CODEAUTHORITYACT. 33. ELDER CARE. 37. LEGISLATIVE HEALTHADEQUACY COMMITTEE. 38. CRIMINAL BACKGROUND CHECKS. SUBTITLE GENERAL PROVISIONS 1. CHAPTER 2 ARKANSAS MINORITY HEALTH COMMISSION SECTION. — — SECTION. 20-2-102. Creation Members Com- 20-2-104. Reimbursement for expenses, pensation. 20-2-107. Report on health disparities. 20-2-103. Powers and duties generally. — — 20-2-102. Creation Members Compensation. (a) There is established the Arkansas Minority Health Commission to consist oftwelve (12) members to be appointed as follows: 20-2-103 PUBLIC HEALTHAND WELFARE 2 (1) Six (6) members of the general public to be appointed by the Governor, with each ofthe four (4) congressional districts represented; (2) Three (3) members to be appointed by the President Pro Tempore ofthe Senate; and (3) Three (3) members to be appointed by the Speaker ofthe House ofRepresentatives. (b) All persons appointed to the commission shall be persons who have activelyparticipated inhealthissues forminorities orhave special knowledge or experience with minority health issues. (c) The members shall serve staggered two-year terms. (d)(1) The commission shall meet atleast quarterly and at suchother times as necessary to carry out its duties under this chapter. (2) The commission shall elect one (1) of its members as chair and may provide by appropriate adoption ofbylaws and rules for the time, place, and manner ofcalling its meetings. (e) Any state agency, state-supported hospital, or state medical school shall submit to the commission any information the commission requests that relates to health issues for minorities except for names, addresses, telephone numbers, or any other identifying information. History. Acts 1991, No. 912, §§ 2, 4, 5; The 2009 amendment deleted (a)(4) 1997, No. 250, § 176; 2001, No. 1288, through (a)(7), (e), and (f) and redesig- § 15; 2007, No. 827, § 144; 2009, No. 574, nated accordingly; and in (a), substituted § 1. "Six (6) members" for "Four (4)" in (a)(1), Amendments. The 2007 amendment andsubstituted"Three(3)"for"Two(2)"in deleted (e). (a)(2) and (a)(3). 20-2-103. Powers and duties generally. (a) The Arkansas Minority Health Commission shall: (1) Establish the commission as the comprehensive agency in this state for: (A) Gathering and analyzing information regarding disparities in health and health care and access to health and health care services in this state; (B) Statewide educational programming regarding disparities in health and health care and equity to health and health care services; and (C) Coordinatingevents regardingdisparities inhealth andhealth care and access to health and health care services; (2)(A) Actively seek out and develop partnerships and collaboration with other appropriate organizations to advance the understanding of and access to programs to remediate disparities in health and health care and access tohealth andhealth care services inthis state. (B) The following health and health care related state agencies and divisions ofstate agencies shall collaborate with the commission to achieve health care equity in the State ofArkansas: (i) The Department ofHealth; (ii) The Department ofHuman Services; (hi) The Arkansas Department ofEnvironmental Quality; 3 ARKANSAS MINORITY HEALTH COMMISSION 20-2-104 (iv) The Fay W. Boozman College ofPublic Health ofthe Univer- sity ofArkansas for Medical Sciences; and (v) The Arkansas Center for Health Improvement. (C) Partnerships developed by the commission shall connect all experts, agencies, and organizations concerned with minority health issues and minority health events; (3) Address and make specific recommendations relating to public policy issues involving disparities in health and health care and equity to health and health care services for minorities to appropriate agencies, the General Assembly, and the Governor; (4) Promote public awareness and public education encouraging Arkansans to live healthy lifestyles through awareness of various health and health care issues with an emphasis on factors that disproportionately affect the minority population in this state; (5) Make recommendations to the relevant agencies, to the Governor, and to the GeneralAssemblyfor improvingthe delivery ofand access to health services for minorities; (6) Gather and analyze information and make recommendations as to whether adequate services are available to ensure that future minority health needs will be met; (7)(A) Develop, implement, maintain, and disseminate a comprehensive survey of racial and ethnic minority disparities in health and health care. (B) The commission shall repeat the study every five (5) years to include without limitation disparities arising from geographic loca- tion and economic conditions; and (8) Publish evidence-based data, define state goals and objectives, and develop pilot projects for decreasing disparities under subdivision (a)(7)(A) ofthis section. (b) The commission shall report two (2) times eachyear to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. History. Acts 1991, No. 912, § 3; 2009, The 2009 amendment by No. 574 re- No. 358, § 1; 2009,-No. 574, § 1. wrote the section. Amendments. The 2009 amendment by No. 358 added (5) and (6) and made related changes. 20-2-104. Reimbursement for expenses. (a) Members of the Arkansas Minority Health Commission shall serve without pay, but those members not employed by the State of Arkansas may receive expense reimbursement in accordance with § 25-16-901 et seq. (b) The commission may authorize expense reimbursement for its members performingofficial duties ofthe commissionbyamajorityvote ofits total membership cast at its first regularly scheduled meeting of each calendar year. 20-2-107 PUBLIC HEALTHAND WELFARE 4 (c) Any expense reimbursement shall not exceed the rate established for state employees in the state travel regulations. History. Acts 1995, No. 1017, § 3; inserted "shall serve without pay, but 1997, No. 250, § 177; 2003, No. 229, § 3; those members notemployedbythe State 2007, No. 827, § 145. ofArkansas" in (a). Amendments. The 2007 amendment 20-2-107. Report on health disparities. On or before October 1 each year, the Arkansas Minority Health Commission shall report to the Governor, the Speaker ofthe House of Representatives, the President Pro Tempore ofthe Senate, the chair of the House Committee on Public Health, Welfare, and Labor, and the chair of the Senate Committee on Public Health, Welfare, and Labor without limitation: (1) Summarizing the previous year's work under § 20-2-103(a)(5) and (6); (2) Describing reductions in disparities in health and health care in this state; and (3) Outlining plans for continuing and expanding in the comingyear the program to reduce disparities in health and health care in this state. History. Acts 2009, No. 358, § 2. SUBTITLE HEALTHAND SAFETY 2. CHAPTER 7 — STATE BOARD OF HEALTH DEPARTMENT OF HEALTH subchapter. 1. General Provisions. 3. State Health Data ClearinghouseAct. 5. Arkansas Health-Conscious ShopperAct. 6. Prescription Drug Monitoring ProgramAct. — Subchapter 1 General Provisions SECTION. — SECTION. 20-7-102. Members —Appointment. 20-7-135. Nutrition and p—hysical activity 20-7-103. Members Officers. standards Implementa- 20-7-105. Proceedings. tion. 20-7-106. Office. 20-7-136. Statewide fluoridation pro- 20-7-116. [Repealed.] gram. 20-7-117. Hospices. 20-7-137. Soccer goal safety. 20-7-123. Fees. 20-7-138. Low-voltage carbon monoxide 20-7-133. ChildHea—lthAdvisoryCommit- detectors required in new tee Creation. home construction. 20-7-134. Powers and duties. — 5 STATE BOARD OF HEALTH DEFT OF HEALTH 20-7-102 Effective Dates. Acts 2007, No. 384, personnel, equipment, and capital expen- § 11: Mar. 19, 2007. Emergency clause ditures during a fiscal year; and that this provided: "It is found and determined by act is immediately necessary because a the General Assembly ofthe State ofAr- delay beyond the beginning of the fiscal kansas that many services delivered by year will disrupt essential programs and the various divisions, offices, and units services. Therefore, an emergency is de- the Department of Health and Human clared to exist and this act being neces- Servicesareessentialtothepublichealth, sary for the preservation of the public safety, and welfare; that the state fiscal peace, health, and safety shall become year begins July 1; that beginning the effectiveon: (1)Thedateofits approvalby process of decoupling the Division of the Governor; (2) If the bill is neither Health ofthe Department ofHealth and approved norvetoed by the Governor, the Human Services from the Department of expiration of the period of time during Health and Human Services during a fis- which the Governor may veto the bill; or cal yearwill cause disruptions ofservices (3) If the bill is vetoed by the Governor andunnecessarytime, effort, andexpense and the veto is overridden, the date the in reallocating appropriations, budgets, last house overrides the veto." — 20-7-102. Members Appointment. (a) The State Board ofHealth shall consist ofthe followingmembers, to be appointed by the Governor as follows: (1)(A) Seven (7) members of the board shall be licensed medical doctors ofgood professional standing, to be appointed by the Gover- nor as follows: (i) One (1) member shall be appointed from each of the four (4) congressional districts of this state as established by § 7-2-101 et seq.; and (ii) Three (3) members shall be appointed from the state at large from a list of not fewer than three (3) names presented for each position by the Arkansas Medical Society. (B) Notwithstanding the provisions ofsubdivision (a)(1)(A) ofthis section, at least one (1) ofthe positions allocated for licensed medical doctors shall be an osteopathic physician appointed from a list ofnot fewer than three (3) names presented to the Governor by the Arkansas Osteopathic Medical Association from the state at large; (2) One (1) member shall be a regularly licensed, registered, and practicing dentist who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointedfrom alist ofnotfewerthanthree (3) names presentedbythe Arkansas State Dental Association; (3) One (1) member shall be a professional engineer as denned in § 17-30-101 who has at least seven (7) years' experience in the practice ofhis or her profession in this state. This member shall be appointed from a list ofnot fewer than three (3) names presented by theArkansas Society ofProfessional Engineers; (4) One (1) member shall be a regularly licensed professional nurse who has been a resident of the state for at least seven (7) years precedingthe appointment andwhohas atleast abachelor's degree and five (5) years' nursing experience in the state. This member shall be 20-7-102 PUBLIC HEALTHAND WELFARE 6 appointed from a list ofnot more than three (3) names presented bythe Arkansas Nurses Association; (5) One (1) member shall be a regularlylicensed pharmacistwho has been actively engaged in the practice ofpharmacy for at least seven (7) years preceding his or her appointment. This member shall be appointed from a list ofnot fewer than three (3) names presented by the Arkansas Pharmacists Association; (6) One (1) member shall be a regularly licensed veterinarian who has been actively engaged in the practice ofveterinary medicine for at least seven (7) years preceding his or her appointment. This member shall be appointed from a list of not fewer than three (3) names presented by the Arkansas Veterinary Medical Association; (7) One (1) member shall be a registered sanitarian who has at least seven (7) years' experience in the practice of his or her profession precedinghis orher appointment. This member shallbe appointedfrom a list ofnotfewerthanthree (3) names presentedbytheArkansas State Board of Sanitarians; (8) One (1) member shall be a hospital administrator who has at least seven (7) years' experience in the practice ofhis or her profession in Arkansas. This member shall be appointed from a list of not fewer than three (3) names presented by the Arkansas Hospital Association; (9) One (1) member shall be a regularly licensed, registered, and practicing optometrist who has at least seven (7) years' experience in the practice ofhis or her profession in this state. This member shall be appointed from alist ofnotfewerthanthree (3) names presentedbythe Arkansas Optometric Association; (10) One (1) member shall be a regularly licensed and practicing chiropractor. This member shall be appointed from a list of not fewer than three (3) names submitted by the Arkansas ChiropracticAssocia- tion or the Arkansas Chiropractic Society; (11) One (1) member shall be a restaurant operator who has owned or operated a restaurant for a minimum offive (5) years. This member shall be appointed by the Governor from a list of three (3) names submitted by the Arkansas Hospitality Association; (12) One (1) member shall be a consumer representative who has an interest in public health. This member shall be appointed by the Governor from the state at large; (13) One (1) member shall be more than sixty (60) years old and represent the elderly. This person shall not be actively engaged in or retired from any occupation, profession, or industry to be regulated by the board. The member shall be appointed by the Governor from the state at large and be subject to confirmation by the Senate; (14) One (1) member shall be a licensed doctor ofpodiatric medicine ofgood professional standing who has at least seven (7) years' experience in the practice ofthe profession in this state. The member shall be appointedfrom alist ofnot fewerthan three (3) names presentedbythe Arkansas Podiatric Medical Association; (15) One (1) member shall be a member of the Arkansas Public Health Association. The member shall be appointed by the Governor — 7 STATE BOARD OF HEALTH DEPT OF HEALTH 20-7-102 from a list ofthree (3) names submitted by theArkansas Public Health Association; (16) One (1) member shall be a licensed medical doctor of good professional standing who shall be appointed from a rural county that contains a medically underserved population in the state; and (17) One (1) member shall be the Director of the Department of Health. (b) Each ofthe members oftheboard so appointed shall take the oath prescribed by the Arkansas Constitution for state officers and shall be commissioned by the Governor in the same manner as other state officials. History. Acts 1913, No. 96, §§ 1, 2; C. Human Services. & M. Dig., §§ 5125, 5126; Acts 1929, No. "(a) Effective sixty (60) days after the 109, § 1; Pope's Dig., §§ 6388, 6389;Acts Governor establishes the Department of 1949, No. 302, §§ 1, 2; 1959, No. 186, Health under this act, and as provided in §§ 1, 2; 1961, No. 433, § 1; 1963, No. 240, the orders ofthe Governor, the following § 1; 1971, No. 204, § 1; 1975, No. 295, may be transferred to the Department of § 1; 1977, No. 318, § 1; 1979, No. 198, Health: § 1; 1981, No. 713, § 1; 1983, No. 131, "(1) Authority, powers, duties, and functions as established by law for the §§ 1-3, 5; 1983,—No. 135, §§ 1-3, 5;A.S.A. Division of Health of the Department of 1947, §§ 6-623 6-626, 82-101, 82-103; Health and Human Services, including Acts 1987, No. 112, § 1; 1991, No. 829, purchasing, budgeting, fiscal, accounting, § 1; 1995, No. 747, § 1; 2003, No. 1450, human resources, payroll, legal, informa- § 1; 2005, No. 1954, § 5; 2007, No. 384, tion systems, maintenance, program sup- § 4; 2011, No. 897, § 15. port, administrative support, and other A.C.R.C. Notes. Acts 2007, No. 384, management functions; § 1, provided: "Creation of the Depart- "(2) Records,personnel, property, unex- ment ofHealth. pendedbalances ofappropriations, alloca- "(a) Thereis createdtheDepartmentof tions, or other funds of the Division of Health, that is to be established if the Health ofthe Department ofHealth and Governor orders the separation ofthe Di- Human Services; vision of Health of the Department of "(3) Rulemaking, regulation, and li- Health and Human Services from the De- censing, promulgation of rules, rates, partment ofHealth and Human Services. regulations, and standards, and the ren- "(b) Ifthe Governorestablishes the De- dering of findings, orders, and adjudica- partment of Health under subsection (a) tions as established by law for the Divi- of this section, the Arkansas Code Revi- sion of Health of the Department of sion Commission shall replace all refer- Health and Human Services, except as ences in theArkansas Code to the: otherwise specified in this act. "(1) 'Division of Health of the Depart- "(b) Powers, duties, and functions, in- ment of Health and Human Services' or cluding without limitation, rulemaking, 'Division of Health' with 'Department of regulation, andlicensing, promulgationof Health'; and rules, rates, regulations, and standards, "(2) 'DepartmentofHealth andHuman budgetary responsibilities, and the ren- Services'with'DepartmentofHumanSer- dering of findings, orders, and adjudica- vices'. tions as established by law for the Breast "(c) Sections 2 through 12 of this act Cancer Control Program or other trans- become effective only ifthe Governor es- ferred entities within the Division of tablishes theDepartmentofHealthunder Health ofthe Department of Health and subsection (a) ofthis section." Human Services shall be retained as they Acts 2007, No. 384, § 2, provided: existed on June 30, 2005. "Transfer ofthe Division ofHealth ofthe "(c) The Governor may appoint a Sur- Department of Health and Human Ser- geon General in accordance with § 20-7- vices outoftheDepartmentofHealth and 103." 20-7-103 PUBLIC HEALTHAND WELFARE 8 Subdivision (a)(17) was changed to re- "(1) Rule making, licensing, and regis- flectthe splitoftheformerDepartmentof tration; Health and Human Services to form the "(2) The promulgation of rules, rates, Department of Health and the Depart- an(j standards- "mTevrA...nactntss^fxre2Sr00So7fr,41t.1?N-huo?e„.SSq3otxe8aJ„4tiT,e„ic§fTB3So3;a,rpdjroo^vf.itHdteetda:^lutuh 4t.o^ {m&"*>(O4)aa)nnTEdaxhrraeeemvviriineeeinwwndiiegn*rg,'i,niaangvnneodasftifgiandtiinnggs,,ionrsdpeercst,- the Department ofHealth. an adjudications. "(a) Effective sixty (60) days after the Afmendments. The 2007 amendment Department ofHealth is established, the StateBoardofHealthshallbetransferred substitutedmthe following" for twenty- to the Department ofHealth. three<23> <a)> andsubstituted"One(1) "(b) The State Board of Health shall member shall be the Director of the De- receive administrative support from the partment ofHealth or the Director ofthe DepartmentofHealthandshallretainthe Division of Health of the Department of same powers, authorities, duties, and Health and Human Services" for "One (1) functions prescribed by law as it had be- member shall be the Director ofthe De- fore the transfer and shall have all rule- partment ofHealth and Human Services makingauthorityprescribedbylawtothe or his or her designee" in (a)(17). Division of Health of the Department of The 2011 amendment substituted "a Health and Human Services before the professional engineer as defined in § 17- transfer, exceptasprovidedforinthisact, 30-101" for "a registered professional en- including, without limitation: gineer" in (a)(3). — 20-7-103. Members Officers. (a) The members ofthe State Board ofHealth shall elect one (1) of the members as president. However, the Director ofthe Department of Health shall not serve as the President ofthe State Board ofHealth. (b)(1) With approval of the board the Governor may appoint a Surgeon General for the State ofArkansas who shall not be a current sitting member ofthe board and who shall: (A) Be a graduate of a legally constituted and reputable medical college; (B) Be ofgood standing; (C) Have all the powers ofthe members ofthe board; and (D) Serve as a cabinet level advisor to the Governor. (2) The Surgeon General shall perform such duties as may be required ofhim or her by the Governor or the board, or both, including, but not limited to: (A) Reviewing, assessing, and developing health policy options, including insurance coverage, health risk management, disease prevention, and health promotion strategies across state agencies; (B) Providing policy options for the Governor and senior state agency officials; (C) Raising awareness of health care and public health areas of priority for advancement ofthe state population's health; (D) Reviewing legislative analyses and proposed legislation and creating position statements for the Governor and senior state agency officials; (E) Advising the Governor, senior state agency officials, and gov- erning boards and commissions on policy issues and program accom- plishments; and