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Disease and Disease Prevention Generally

Ark. Code Ann. tit. 20, ch. 15
in effect

Ark. Code Ann. § 20-15-101 Hepatitis C screening during pregnancy.

(a)(1) In addition to the testing of pregnant women required under § 20-16-507, a physician or a healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or any other person who is attending or providing medical treatment to a pregnant woman in this state shall: (A) Take or cause to be taken a sample of venous blood or other approved specimen as early as reasonably possible in the pregnancy or at the time of delivery if the physician or healthcare provider did not attend the pregnant woman prenatally; and (B) Submit the sample to an approved laboratory for a standard test for Hepatitis C. (2)(A) If the pregnant woman declines to be tested for Hepatitis C, the physician or healthcare provider shall record in the patient's medical records that the pregnant woman was not tested for Hepatitis C based upon the refusal of the patient. (B) The record of a patient refusal relieves the physician, the healthcare provider, and the Department of Corrections of any responsibility under this subsection. (b) A physician or healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or other person who is attending or providing medical treatment to a pregnant woman shall: (A) Inform a pregnant woman that Hepatitis C may be transmitted from a mother with Hepatitis C to her unborn child and that Hepatitis C may be prevented if the mother's Hepatitis C is diagnosed and treated; and (B) Provide counseling and instruction to the pregnant woman regarding Hepatitis C in a manner determined by the Department of Health based on contemporary state and federal standards. (c)(1) Records, reports, data, or other information collected or maintained under this section that identify or could be used to identify an individual patient, healthcare provider, or institution are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., or subject to subpoena, discovery, or introduction into evidence in a civil proceeding. (2) Subdivision (c)(1) of this section does not affect the reports required to be submitted by the department under any other laws, rules, or federal regulations.

Ark. Code Ann. § 20-15-102 Depression screening for birth mothers at the time of birth.

(a) A physician or healthcare provider who is attending a birth in this state or a licensed healthcare provider who is attending or providing medical treatment to a birth mother in this state shall facilitate a healthcare provider to screen the birth mother for depression within the first six (6) weeks of birth. (b)(1) If the birth mother declines to be screened for depression within the first six (6) weeks of having given birth, the physician or healthcare provider shall record in the patient's medical records that the birth mother was not screened for depression based upon the refusal of the patient. (2) The record of a patient refusal relieves the physician and the healthcare provider of liability under this subsection. (c) Records, reports, data, or other information collected or maintained under this section that identify or could be used to identify an individual patient, healthcare provider, or institution are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Ark. Code Ann. § 20-15-201 Reporting requirements.

The Department of Health shall accumulate such data concerning cancer in Arkansas and its residents as is deemed appropriate for the purposes of describing the frequency of cancer, furnishing reports to health professionals and the public, and for planning and evaluating cancer prevention and control programs. The data shall be collected under the authority of rules promulgated by the State Board of Health.

Ark. Code Ann. § 20-15-202 State cancer plan.

A task force consisting of public and private entities shall be established by the Secretary of the Department of Health to assist the Department of Health in developing a strategic plan for a coordinated, comprehensive, statewide network of cancer resources, services, and programs.

Ark. Code Ann. § 20-15-203 Confidentiality.

(a) Information accumulated and maintained in the Arkansas Central Cancer Registry shall not be divulged except for statistical information that does not identify individuals and for purposes of research by a qualified researcher. (b) As used in this section, "qualified researcher" means a researcher from a recognized institution, including without limitation an academic, state or federal government, or nonprofit nongovernmental institution, and who is adequately trained about conditions where names and identities of individuals are appropriately protected while conducting research for the purposes of cancer prevention, control, and treatment.

Ark. Code Ann. § 20-15-204 Agreements with other states.

(a) The Department of Health may enter into agreements with other states and federal organizations authorized to exchange registry data. (b) The agreements shall prohibit divulging information to entities without prior approval of the department.

Ark. Code Ann. § 20-15-205 Gifts, grants, and donations.

The Department of Health may receive gifts, grants, and donations for the purposes of this subchapter.

Ark. Code Ann. § 20-15-301 Injunction.

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.

Ark. Code Ann. § 20-15-302 Testing of newborn infants.

(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 Secretary of Health and Human Services, in order to provide appropriate newborn screening guidelines to protect the health and welfare of newborns. (ii) For each core medical condition added to the list of recommended uniform screening panel by the United States Secretary of Health and Human Services, the Department of Health or its designee, in accordance with §20-15-304, shall begin testing for the newly added core medical conditions upon approval of the appropriation of funding by the General Assembly or funding under §20-15-304, if required, or within thirty- six (36) months upon introduction to the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services. (2)(A) Medicaid shall reimburse the hospital that performs the tests required under subdivision (a)(1) of this section for the cost of the tests. (B) The reimbursement shall be in addition to the hospital's per diem payments for the newborn infant. (b) All positive test results shall be sent immediately to the Department of Health. (c)(1) The Department of Health shall establish and maintain a program of reviewing and following up on positive cases so that measures may be taken to support early diagnosis, treatment, and services for healthy development and prevent disability or morbidity. (2)(A) Information on newborn infants and their families compiled under this section may be used by the Department of Health and persons or public or private entities designated by the Department of Health. (B) Information used under subdivision (c)(2)(A) of this section may not refer to or disclose the identity of any person. (3) All materials, data, and information received by the Department of Health are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq. (d)(1) The Department of Health shall conduct an intensive educational and training program among physicians, hospitals, public health nurses, and the public concerning the conditions. (2) The program shall include information concerning: (A) The nature of the conditions; (B) Testing for the detection of these conditions; and (C) Treatment modalities for these conditions. (e) The provisions of this section shall not apply if the parents or legal guardian of a newborn infant object to the testing on medical, religious, or philosophical grounds.

Ark. Code Ann. § 20-15-303 Exception.

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.

Ark. Code Ann. § 20-15-304 Administration by Department of Health.

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 institutions shall be required to obtain specimens from newborn infants in compliance with this subchapter; (B) The amount to be charged by the central laboratory for processing the specimens; and (C) The method of billing the charges to the persons and institutions; (4) Furnish copies of this subchapter and the rules promulgated pursuant to this subchapter to physicians, hospitals, or other institutions or persons required by its rules to have tests administered to newborn infants; (5)(A) Establish a central laboratory and to equip, staff, and operate the laboratory for the purpose of receiving specimens from physicians, hospitals, and institutions, to assure that tests are conducted, and to report findings resulting from the tests. (B) Initial laboratory screening tests for conditions under this subchapter shall be performed by the department or its designee; (6)(A) Monitor positive test results and assist in treatment and care of affected infants, such follow-up procedures to begin no later than ten (10) days from the time a specimen is diagnosed as positive. (B) The department shall monitor infants to assure appropriate testing to confirm the condition suggested by the screening test results; and (7) Disseminate information and advice to the public concerning the dangers and effects of conditions for which screening is performed by or for the State of Arkansas.

Ark. Code Ann. § 20-15-401 Duty of physician to report.

(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 as promptly as possible from the time the physician first visits, examines, or prescribes for the patient, and the report shall state the name, age, sex, race, usual residence, place where the patient is to be found, the nature of the disease, the date of onset, and any additional information that the Secretary of the Department of Health may require. (c) The department shall send a copy of the report to the federal Centers for Disease Control and Prevention together with additional information relating thereto as may be required by the Centers for Disease Control and Prevention.

Ark. Code Ann. § 20-15-502 Reports required.

(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 health shall immediately report the death to the county coroner or the county sheriff if the county coroner is unavailable, within twenty-four (24) hours after the discovery of the death. (b) The report shall include facts concerning the time, place, manner, and circumstances surrounding the death. (c) Upon receipt of the report, the county coroner, or the county sheriff if the county coroner is unavailable, shall report the death to the Department of Health and the Child Abuse Hotline.

Ark. Code Ann. § 20-15-503 Autopsy.

(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 the exact cause of death. (b)(1) Upon receipt of the permission, the county coroner, or the county sheriff if the county coroner is unavailable, shall notify the department. The department shall arrange for the transportation of the deceased and arrange for an autopsy to be made by a licensed physician in the State of Arkansas and shall arrange for the return transportation of the deceased. (2) If the parents or guardian shall refuse permission for an autopsy to be made, the death nevertheless shall be reported to the department. (c)(1) The results and findings of the autopsy, if any is performed, shall be reported to the parents or guardian of the deceased. (2) The appropriate finding of cause of death shall be recorded upon the certificate of death in any case and the term “sudden infant death syndrome” shall be entered on the certificate of death when it is appropriately descriptive of the circumstances and cause of death of the child. (d) Information concerning sudden infant death syndrome shall be provided by the department to the parents or guardian of an infant whose death has been reported pursuant to this subchapter.

Ark. Code Ann. § 20-15-504 Limitation on autopsies.

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.

Ark. Code Ann. § 20-15-601 Legislative findings and purpose.

(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 citizens of this state annually are confronted with chronic kidney disease requiring complicated and expensive treatment which is often beyond the financial resources of the individuals. (3) There is a critical shortage of adequate facilities within the state for the discovery, evaluation, diagnosis, treatment, and cure of individuals suffering from chronic kidney disease. (b) In order to provide for the care and treatment of persons suffering from acute or chronic kidney disease and in order to encourage and assist in the development of adequate treatment facilities for persons suffering from acute or chronic kidney disease, it is essential that the state develop a program of financial assistance to aid in defraying a portion of the cost for the care and treatment of chronic kidney disease to the extent that the individual suffering from the disease is unable to pay for the services on a continuing basis.

Ark. Code Ann. § 20-15-602 State Kidney Disease Advisory Council — Creation — Members.

(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 disease shall be physicians licensed to practice in Arkansas who are actively engaged in the private practice of medicine in this state; (B) One (1) member who is knowledgeable in renal medicine and the treatment of end-stage renal disease shall be a physician licensed in Arkansas who is engaged primarily in the institutional practice of medicine; (C) One (1) member shall be engaged in hospital administrative activities; (D) One (1) member shall be named from the public at large, but he or she shall be an individual who has a demonstrated interest in the treatment and cure of renal diseases and may be a representative from an Arkansas-based nonprofit organization dedicated to the treatment and cure of renal diseases; and (E) One (1) member who shall represent the elderly shall be sixty (60) years of age or older and shall be appointed from the state at large. The member shall not be actively engaged in or retired from any profession, occupation, or industry which is regulated pursuant to this subchapter. (b) Members shall be appointed for four-year terms to expire on January 14 of the members' fourth year of the appointed term. Members shall serve until their successors are appointed and qualified. (c) If a vacancy occurs on the advisory council due to death, resignation, or other cause, the vacancy shall be filled by appointment of the State Board of Health of a person eligible for the initial appointment, as provided in subsection (a) of this section, for the remainder of the unexpired portion of the term of the member. (d) The advisory council shall annually elect one (1) of its members as chair and one (1) of its members as vice chair and such other officers as the advisory council deems necessary. (e) The advisory council may meet as necessary, as determined by the chair of the advisory council, and shall meet at least one (1) time each calendar year and at such other times as may be designated by the advisory council's rules or upon call by the Chair of the State Kidney Disease Advisory Council or upon written request of any three (3) members. (f) Members shall serve without pay but may receive expense reimbursement in accordance with § 25-16-901 et seq. (g) Members shall qualify by taking the oath of office as prescribed by law. (h) A quorum shall consist of a simple majority of the current appointed members of the advisory council. 20-15-603. Department of Health — Powers and duties. (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) Services to assist persons requiring transplantation may include dental services necessary for consideration for transplantation and the copayment of immunosuppressant drugs post transplantation. (B) The program shall provide financial assistance for persons suffering from chronic renal diseases who require life-saving care and treatment for the renal disease to the extent as determined by the Department of Health that a person is unable to pay for the services on a continuing basis without causing unjust and unusual hardship to himself or herself and his or her immediate family including without limitation a drastic lowering of the standard of living; (2) Develop rules for determining eligibility for assistance in defraying the cost of care and treatment of renal disease under this program, to be recommended for adoption by the State Board of Health; (3) Cooperate with hospitals, private groups, and organizations and public agencies in the development of positive programs to bring about financial assistance and support of evaluation and treatment of patients suffering from chronic kidney disease; (4) Cooperate with the national and state kidney foundations and with medical programs of the state and the United States Government for the purpose of obtaining the maximum amount of federal and private assistance possible in support of a kidney disease treatment program; (5) Establish rules for evaluating the financial ability of persons suffering from chronic kidney disease to pay for their own care, including the availability of third-party insurance coverage, for the purpose of establishing rules for eligibility for financial assistance in defraying the cost of the care and treatment from funds appropriated to the advisory council for renal disease treatment purposes; (6) Accept grantsfrom private sources and the United States Government and support from municipal and county governments to be used for the purposes of this subchapter in defraying costs incurred by persons suffering from acute or chronic renal disease who are unable to meet the total cost of life-saving care and treatment for renal disease; and (7) Accept grants from private sources and the United States Government and support from municipal and county governments to be used to honor persons who have provided living kidney donations to Arkansans in need of kidney transplantation. (b) Whereas the current Department of Finance and Administration accounting system will accept current-year refunds, credit the current-year appropriation, and allow expenditure of the funds, the advisory council, administered by the Department of Health, may accept prior-year refunds and contributions and deposit the funds into the agency cash fund in an account specifically identified as the State Kidney Disease Escrow Account and disbursed for the purchase of additional services for clients served by the advisory council. 20-15-605. Disbursement of funds. (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 incurred by patients suffering from acute or chronic renal disease who are unable to meet the total cost of their care or treatment from their own resources or from third-party resources. (b) The secretary shall be governed by the rules adopted by the State Board of Health and promulgated by the department under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in disbursing funds appropriated, or otherwise made available, to the advisory council for renal disease treatment purposes.

Ark. Code Ann. § 20-15-603 State Kidney Disease Commission — Powers and duties.

(a) The State Kidney Disease Commission shall have the following functions, powers, and duties: (1)(A)(i) To establish a program to assist persons suffering from acute or chronic renal failure in obtaining care and treatment requiring kidney dialysis or transplantation. (ii) Services to assist persons requiring transplantation may include dental services necessary for consideration for transplantation and the copayment of immunosuppressant drugs post transplantation. (B) The program shall provide financial assistance for persons suffering from chronic renal diseases who require life-saving care and treatment for the renal disease to the extent as determined by the commission that a person is unable to pay for the services on a continuing basis without causing unjust and unusual hardship to himself or herself and his or her immediate family including without limitation a drastic lowering of the standard of living; (2) To develop standards for determining eligibility for assistance in defraying the cost of care and treatment of renal disease under this program; (3) To cooperate with hospitals, private groups, and organizations and public agencies in the development of positive programs to bring about financial assistance and support of evaluation and treatment of patients suffering from chronic kidney disease; (4) To cooperate with the national and state kidney foundations and with medical programs of the state and the United States Government for the purpose of obtaining the maximum amount of federal and private assistance possible in support of a kidney disease treatment program; (5) To establish criteria and standards for evaluating the financial ability of persons suffering from chronic kidney disease to pay for their own care, including the availability of third-party insurance coverage, for the purpose of establishing standards for eligibility for financial assistance in defraying the cost of the care and treatment from funds appropriated to the commission for renal disease treatment purposes; (6) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used for the purposes of this subchapter in defraying costs incurred by persons suffering from acute or chronic renal disease who are unable to meet the total cost of life-saving care and treatment for renal disease; and (7) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used to honor persons who have provided living kidney donations to Arkansans in need of kidney transplantation. (b) Whereas the current Department of Finance and Administration accounting system will accept current-year refunds, credit the current-year appropriation, and allow expenditure of the funds, the commission, administered by the Department of Health, may accept prior-year refunds and contributions and deposit the funds into the agency cash fund in an account specifically identified as the State Kidney Disease Escrow Account and disbursed for the purchase of additional services for clients served by the commission.

Ark. Code Ann. § 20-15-604 State Kidney Disease Commission — Advisory association.

(a) In developing rules and in determining standards for determining eligibility for financial assistance to persons suffering from chronic renal diseases who require lifesaving care and treatment for such renal diseases, the State Kidney Disease Commission shall consult with and obtain the advice of the Arkansas Association for Kidney Disease, Inc., a nonprofit corporation organized under the laws of this state. This organization is recognized as the representative body to serve as an advisory association to the commission and to the deputy director of the appropriate division as determined by the Secretary of the Department of Health in carrying out their functions and duties under this subchapter. (b) Before promulgating rules and eligibility standards, the commission shall consult with the advisory association and shall give consideration to its recommendations in performing its duties under the provisions of this subchapter.

Ark. Code Ann. § 20-15-605 State Kidney Disease Commission — Disbursement of funds.

(a) 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 State Kidney Disease Commission for such purposes. These funds are to provide monetary assistance to defray the cost incurred by patients suffering from acute or chronic renal disease who are unable to meet the total cost of their care or treatment from their own resources or from third-party resources. (b) The secretary shall be governed by the policies, rules, and procedures promulgated by the commission in disbursing funds appropriated, or otherwise made available, to the commission for renal disease treatment purposes.

Ark. Code Ann. § 20-15-701 Definition.

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.

Ark. Code Ann. § 20-15-702 Penalty.

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).

Ark. Code Ann. § 20-15-703 Involuntary examinations.

(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 to be apprehended and detained for the necessary tests and examinations, including an approved chest X ray, sputum examination, and other approved laboratory tests to ascertain the existence of tuberculosis. (b) If active tuberculosis is found to exist, it shall then be the duty of the health officer to make an investigation of the person to determine whether the environmental conditions of the person or the conduct of the person is suitable for proper isolation or control of the case by any type of local quarantine.

Ark. Code Ann. § 20-15-704 Petition to isolate patient.

(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 officer shall petition the circuit court of the county where the person is found to order the admission of the person to any state-owned and state-operated hospital or sanatorium or any other hospital or sanatorium that is equipped to treat tuberculosis under the conditions enumerated in § 20-15-707(a). (b) The health officer shall set forth in a petition a summary of the factual basis of the determination 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.

Ark. Code Ann. § 20-15-705 Notice of petition and hearing.

(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 is alleged to be dangerous to others. (b) While the petition is pending, the person shall be subject to the local quarantine or restrictions of his or her movements placed on him or her by the health officer for the protection of the public health.

Ark. Code Ann. § 20-15-706 Hearing.

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.

Ark. Code Ann. § 20-15-707 Commitment.

(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, the court shall order the commitment of the person to a hospital or sanatorium as petitioned for. (b) The superintendent of the institution to which the person is committed shall direct that the person be placed apart from others and restrained from leaving the institution.

Ark. Code Ann. § 20-15-708 Observation of rules and regulations required.

(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 committed to the institution under the provisions of this subchapter who willfully violates the rules and regulations of the institution or who conducts himself or herself in a disorderly manner. A person so charged shall have the legal procedural rights of a person charged with disorderly conduct.

Ark. Code Ann. § 20-15-709 Discharge.

(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 institution and that for the reasons set forth in the statement, in his or her judgment the person may be discharged without danger to the health and life of others. (b) The superintendent of the institution shall report each discharge with a full statement of reasons therefor at once to the Secretary of the Department of Health, to the county health officer of the county where the person was committed, and to the clerk of the court from which the person was committed.

Ark. Code Ann. § 20-15-710 Violations of commitment — Penalties.

(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 disorderly conduct may be confined. (b) Any person committed to an institution pursuant to this subchapter, who shall leave or attempt to leave the institution without being properly discharged by the superintendent of the institution or his or her authorized agent, shall be guilty of a misdemeanor and upon conviction shall be imprisoned for a period of not less than six (6) months nor more than one (1) year. (c) Any person confined or imprisoned pursuant to this section shall be kept separate from the other inmates of the place of confinement. Upon completion of the period of confinement, he or she shall be returned to the hospital or sanatorium where originally committed. (d) Any person confined or imprisoned pursuant to the provisions of this section may be confined or imprisoned in the hospital or sanatorium where originally committed if facilities for confinement or imprisonment are available at the hospital or sanatorium.

Ark. Code Ann. § 20-15-801 Legislative determination.

(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 determined that the most logical entities to conduct a scoliosis screening program are our private schools, public schools, and other state-supported institutions providing education to our children.

Ark. Code Ann. § 20-15-802 Screening program.

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 scoliosis screening program to be conducted in accordance with rules promulgated by the State Board of Health.

Ark. Code Ann. § 20-15-803 Rules.

(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 objects to the screening in writing, stating as the basis of the objection that it is contrary to the parent's or guardian's religious beliefs; and (2) A school is not required to hire personnel on a full-time, part-time, or consultant basis to conduct the screening, but shall utilize school health personnel, volunteers, and other school employees who are not classroom teachers and who meet the qualifications prescribed by the rules.

Ark. Code Ann. § 20-15-901 Free testing program — Confidentiality.

(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 participating in the program.

Ark. Code Ann. § 20-15-902 Counseling — Seminars.

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 (AIDS).

Ark. Code Ann. § 20-15-903 Advising physician or dentist required — Penalty.

(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 refusing to comply with the provisions of subsection (a) of this section shall be guilty of a Class A misdemeanor and punished accordingly.

Ark. Code Ann. § 20-15-904 Reporting — Confidentiality — Subpoenas.

(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 of blood or blood products and under these circumstances is a danger to the public. (b) A physician whose patient is determined to have acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies shall immediately make a report to the Department of Health in the manner and form as the department shall direct. (c)(1) All information and reports in connection with persons suffering from or suspected to be suffering from the diseases specified in this section shall be regarded as confidential by every person, body, or committee whose duty it is or may be to obtain, make, transmit, and receive information and reports. (2) However, any prosecuting attorney of this state may subpoena information as may be necessary to enforce the provisions of this section and §§ 5-14-123 and 16-82-101, provided that any information acquired pursuant to the subpoena shall not be disclosed except to the courts to enforce this section.

Ark. Code Ann. § 20-15-905 HIV Shield Law — Definitions.

(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 worker” means: (A) Paramedics; (B) Emergency response employees; (C) Firefighters; (D) First response workers; (E) Emergency medical technicians; (F) Emergency medical services personnel; (G) Volunteers making an authorized emergency response; (H) Law enforcement officers and personnel; and (I) A person rendering services as a “Good Samaritan” under the “Good Samaritan” law, § 17-95-101; (3) “Healthcare provider” means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind; (4) “Health facility” means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution; (5) “HIV” means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome (AIDS); (6) “Person” includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility, or other legal entity; and (7) “Test” or “HIV test” means a test to determine the presence of the antibody or antigen to HIV or of HIV infection. (b)(1) Consent is not required for a healthcare provider or health facility to perform a test when a healthcare provider, employee of a health facility, or emergency response worker is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his or her medical judgment. (2)(A) The results of the test shall be provided by a representative of the health facility performing the test to: (i) The affected individual; (ii) The individual tested; (iii) The affected individual's physician, with the consent of the affected individual; and (iv) The physician of the individual tested, with the consent of the individual tested. (B) Appropriate counseling shall be provided along with the test results. (c)(1) Informed consent, information, and counseling are not required for the performance of an HIV test when, in the judgment of the physician, the testing is medically indicated to provide an appropriate diagnosis and treatment to the subject of the test, provided that the subject of the test has otherwise provided his or her consent to the physician for medical treatment. (2) If confirmatory testing is positive for evidence of HIV infection, the patient shall be informed. (d) Healthcare providers or facilities may not deny appropriate care based upon the results of an HIV test. (e)(1) Notwithstanding any other law to the contrary, no person who performs a test pursuant to subsection (b) or subsection (c) of this section shall be subject to civil or criminal liability for doing so. (2) Notwithstanding any other law to the contrary, no person who discloses a test result in accordance with the provisions of subsection (b) of this section shall be subject to civil or criminal liability. However, nothing in this section shall be construed to limit the confidentiality for AIDS testing provided by § 20-15-901 or other provision of law unless testing is conducted pursuant to this section.

Ark. Code Ann. § 20-15-906 Report to the Department of Health required — Privileged communications.

(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 antigen or antibodies. (b) Reporting is required by the following persons: (1) Physicians; (2) Hospital infection control practitioners and the chairs of hospital infection control committees; (3) Directors of laboratories doing business in the State of Arkansas; (4) Medical directors of in-home health agencies; (5) Program directors of state agencies to whom a human immunodeficiency virus or acquired immunodeficiency syndrome diagnosis has been disclosed; (6) Nursing home medical directors; and (7) Those other persons as are required by the rules of the department. (c) Notwithstanding this section or any other law, the privileged communications provisions under §§ 17-103-107 and 17-103-108 are not repealed.

Ark. Code Ann. § 20-15-907 Title.

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”.

Ark. Code Ann. § 20-15-908 Findings and purpose.

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 immunodeficiency virus (HIV) is a danger to the public health of Arkansas; (3) Proper treatment of individuals living with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) who are pregnant can significantly decrease the possibility of infecting their unborn children; (4) Infection rates among Arkansas citizens can be curtailed by the proper administration of drug therapies to those infected with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); (5) The continued medical costs associated with illnesses related to human immunodeficiency virus (HIV) are a threat to the medical infrastructure of Arkansas; (6) The quality of life of those individuals affected by human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), along with the quality of life of their family members, can be enhanced through continuing drug therapies; (7) There is a pressing and immediate need for the distribution of medications for human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); and (8) This section and §§ 20-15-907 and 20-15-909 can help meet these needs by furnishing financial assistance, subject to the availability of funds, to citizens of Arkansas suffering from human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).

Ark. Code Ann. § 20-15-909 Implementation.

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 medications.

Ark. Code Ann. § 20-15-1001 Legislative findings and intent.

The General Assembly finds and declares that: (1) Breast cancer, according to the American Cancer Society, is the second leading cause of death among women in the United States; (2) One (1) American woman in ten (10) will develop breast cancer in her lifetime; (3) Mammography provides the earliest detection of breast cancer; (4) Screening using mammography can significantly cut the death rate of women with breast cancer, especially for women with small tumors that have not invaded the lymph nodes and who have a ninety percent (90%) chance of surviving at least five (5) years when such tumors are diagnosed and removed; (5) Both the American Cancer Society and the National Cancer Institute have developed age and frequency guidelines for mammogram screening, and those guidelines have been incorporated in this subchapter; and (6) Therefore it is in the best interest for the general health and welfare of the people of the State of Arkansas that legislation be enacted encouraging health insurance coverage for screening mammography.

Ark. Code Ann. § 20-15-1002 Definitions.

As used in this subchapter: (1) “Accreditation body” means a body that has been approved by the United States Secretary of Health and Human Services to accredit mammography facilities under the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 (21 C.F.R. Part 900); (2) “Diagnostic mammography” means a problem-solving radiologic procedure of higher intensity than screening mammography provided to a woman who is suspected of having breast pathology. A patient is usually referred for analysis of palpable abnormalities or for further evaluation of mammographically detected abnormalities. All images are immediately reviewed by the physician interpreting the study, and additional views are obtained as needed. A physical examination of the breast by the interpreting physician to correlate the radiologic findings is often performed as part of the study; (3) “Mammography” means radiography of the breast; and (4) “Screening mammography” means a radiologic procedure provided to a woman who has no signs or symptoms of breast cancer for the purpose of early detection of breast cancer. The procedure entails two (2) views of each breast and includes a physician's interpretation of the results of the procedure.

Ark. Code Ann. § 20-15-1003 Advisory committee.

(a) To assure the safety and accuracy of screening and diagnostic mammography and to promote the highest quality imaging in the most efficient setting to contain costs, radiological standards and quality assurance programs shall be established and administered by the Secretary of the Department of Health. (b) To assist the secretary in establishing the quality standards, there is created an advisory committee to be composed of: (1) The Director of Mammography at the University of Arkansas for Medical Sciences, or his or her designee; (2) The Chair of the Breast Screening Project of the Arkansas Division of the American Cancer Society, or his or her designee; (3) A physician appointed by the Arkansas Medical Society, Inc., or his or her designee; (4) A health physicist from the Radiation Control Section of the Department of Health, or his or her designee; (5) A medical physicist with experience and training in mammography procedures appointed by the secretary; (6) A registered X-ray technologist with experience and training in mammography practices and procedures appointed by the secretary; and (7) The President of the Arkansas Chapter of the American College of Radiology, or his or her designee. (c) The committee and the secretary shall continuously review and revise the quality standards in light of current scientific knowledge, but no less frequently than one (1) time every year.

Ark. Code Ann. § 20-15-1004 Accreditation of facilities required — Penalty.

(a)(1) The Secretary of the Department of Health shall establish quality standards for accreditation of facilities wherein mammography may be conducted according to the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 (21 C.F.R. Part 900). (2) The standards applicable to the physician who interprets mammograms shall not be more stringent than those standards listed in the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 (21 C.F.R. Part 900). (3)(A) An interpreting physician is not required to be on site but shall be immediately available via telecommunication to interpret diagnostic mammography to adhere to the quality standard requirements under subdivision (a)(2) of this section. (B) A patient shall sign a waiver acknowledging that a diagnostic evaluation performed via telemedicine or remotely may have limitations compared to an in-person diagnostic evaluation. (C) The results of the diagnostic evaluation shall be provided to the patient before the patient leaves the facility after the completion of the diagnostic evaluation. (b)(1) Such facilities shall be accredited by the Department of Health every three (3) years. (2) No mammography shall be performed in an unaccredited facility after January 1, 1990. (c) For facilities accredited by the department, documents of accreditation shall be nontransferable and shall expire three (3) years after being issued or at a time specified by the department. (d) The owners of any unaccredited facility wherein mammography is performed after January 1, 1990, shall be subject to a civil penalty imposed by the department in an amount not to exceed one hundred dollars ($100) for each day the facility operates without accreditation by the department.

Ark. Code Ann. § 20-15-1005 Fees.

(a) As an accreditation body, the Department of Health may charge and collect the following fees: (1) First mammography tube, seven hundred dollars ($700) to be collected at the beginning of each three-year accreditation period; (2) Each additional mammography tube, five hundred dollars ($500) to be collected at the beginning of each three-year accreditation period; and (3) Each additional review of clinical images and phantoms, one hundred dollars ($100) to be collected at the time of submission of clinical images and phantoms for review, except that the maximum annual cost for additional review of clinical images and phantoms shall not exceed three hundred dollars ($300). (b)(1) The department may prorate the accreditation fee for a mammography tube that is accredited for less than the three-year accreditation period. (2) The department may bill on an annual basis for one-third (1/3) of the accreditation fee. (c)(1) All revenue derived from fees collected pursuant to this section shall be deposited into the State Treasury and credited to the Public Health Fund. (2) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose in any following fiscal year.

Ark. Code Ann. § 20-15-1006 Standards certification program.

The Department of Health may operate a mammography quality standards certification program in accordance with the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 (21 C.F.R. Part 900), to: (1) Issue initial and renewal certificates to mammography facilities; (2) Conduct inspections and determine compliance of certified facilities; and (3) Impose sanctions, to include: (A) Suspension or revocation of certification; (B) Injunctions to restrict unsafe or illegal activities in mammography facilities; and (C) Civil penalties.

Ark. Code Ann. § 20-15-1101 Purpose.

The purpose of this subchapter is to provide a statewide coordinated early intervention program to identify and follow up with testing and treatment of newborn infants who are at risk for hearing impairment.

Ark. Code Ann. § 20-15-1102 Definitions.

As used in this subchapter: (1) [Repealed.] (2) “Newborn infant with hearing impairment” means a newborn infant who has a disorder of the auditory system of any type or degree causing a hearing impairment sufficient to interfere with the development of language and speech skills; (3) “Newborn infants at risk” means those newborn infants who are at risk for hearing impairment because they have one (1) or more risk factors; (4) [Repealed.] (5) “Risk factors” are those criteria or factors, any one (1) of which identifies a newborn infant as being at risk for hearing impairment, as determined by the Department of Health and set forth in rules promulgated by the department; (6) “Screening infants for hearing impairment” means a procedure for employing a device for identifying a disorder of the auditory system, but the procedure may not necessarily provide a comprehensive determination of hearing thresholds in the speech range. Such a procedure may include auditory brainstem response screening or other devices approved by the department; and (7) “Screening report” means a report by a facility providing screening for hearing impairment which identifies each newborn infant who has been screened for hearing impairment.

Ark. Code Ann. § 20-15-1103 Creation.

(a) There is established in the Department of Health a program to be known as the “Newborn Infant Hearing Screening Program”. The program shall provide for the early identification and follow-up of newborn infants at risk. (b) The program shall include: (1) Development through the promulgation of rules and criteria or factors to identify those newborn infants who are at risk for hearing impairment or of developing a progressive hearing impairment; (2) Creation of a Hearing Impairment Registry to include, but not be limited to, the identification of newborn infants at risk for hearing impairment, infants with hearing impairment, and infants at risk of developing a progressive hearing impairment; (3) Development of a hearing impairment at-risk questionnaire. The instrument shall be provided by the department to hospitals, birthing centers, and lay midwives for use in the program; (4) Development of appropriate written materials regarding hearing impairment. The materials shall be provided to hospitals, birthing centers, and lay midwives for their use in the program; (5) Development of a means of establishing contact with parents, guardians, and physicians of newborn infants with hearing impairment, of newborn infants at risk, and of infants at risk of developing a progressive hearing impairment; (6) Establishment of a telephone hotline to communicate information about hearing impairment, hearing screening, audiological evaluation, and other services for infants with hearing impairment; (7) Development of a screening report to be used by all facilities screening infants for hearing impairment to provide information to the department for a tracking system for newborn infants at risk; and (8) A data collection system.

Ark. Code Ann. § 20-15-1104 Screening of newborns.

(a)(1) All hospitals, birthing centers, and lay midwives shall complete a hearing impairment at-risk questionnaire for each newborn infant before discharge or, in the case of a lay midwife, within seventy-two (72) hours of the birth of the infant. (2) All hearing impairment at-risk questionnaires shall be completed by a designee of the hospital or birthing center or by the midwife. (3) However, no infant shall be screened for hearing impairment whose parent presents a written statement that he or she objects to the screening of his or her child. (b) The hospital, birthing center, or lay midwife shall forward to the Department of Health a copy of all completed questionnaires. (c) The hospital, birthing center, or lay midwife shall provide the parents or guardians of all newborn infants with written materials provided by the department concerning hearing impairment.

Ark. Code Ann. § 20-15-1105 Provision of services — Test results — Follow-up care.

(a) The hospital, birthing center, or lay midwife may elect to provide for the screening of infants for hearing impairment but is not required to do so by this subchapter. (b) Any facility screening infants for hearing impairment shall forward test results on a screening report to the Department of Health by the fifteenth of the month following the month in which the test was conducted. (c) Any facility screening infants for hearing impairment shall provide information on locations at which medical and audiological follow-up can be obtained by the parents or guardians of infants with hearing impairment.

Ark. Code Ann. § 20-15-1106 Coordination of services.

The Department of Health, the Division of Elementary and Secondary Education, and the Department of Human Services shall work cooperatively and develop a plan to coordinate early educational and rehabilitative services for newborn infants identified as Deaf, deaf, or Hard of Hearing.

Ark. Code Ann. § 20-15-1107 Immunity.

Any person or entity who reports in good faith and without malice or who in good faith and without malice fails to report the information required by this subchapter shall have immunity from any liability, civil or criminal, that might be incurred or imposed in any action resulting from such a report. Any such person or entity shall have the same immunity with respect to participation in any judicial proceeding resulting from such a report.

Ark. Code Ann. § 20-15-1201 Definition.

As used in this subchapter, “provider” means any healthcare professional who has direct or supervisory responsibility for the delivery of immunizations.

Ark. Code Ann. § 20-15-1202 Statewide immunization registry.

(a)(1) The Department of Health shall establish a statewide immunization registry. (2) Immunization records shall include data as specified by the department. (b) The department may make information in the registry available to the parents or guardians of a child, to providers who report on the immunization status of children in their care, and to such other persons or organizations designated by rule of the State Board of Health. (c) The board shall adopt rules to implement this subchapter, including provisions for confidentiality of medical information. (d) The department may enter into data-sharing agreements with federal, state, and local jurisdictions as well as the nations that are part of the Compact of Free Association islands to ensure effective surveillance and better immunization planning.

Ark. Code Ann. § 20-15-1203 Duty of providers — Penalty.

(a)(1) A provider shall register with the Department of Health the intent to administer childhood immunizations to an individual under twenty-two (22) years of age under guidelines established by the department. (2) A provider shall report to the department the administration of a childhood immunization to an individual under twenty-two (22) years of age. (3) A provider may report the administration of adult immunizations to individuals twenty-two (22) years of age or older to the department. (b) A provider who administers a childhood immunization and fails to register with the department or make the required reports to the department, or both, shall be fined twenty-five dollars ($25.00).

Ark. Code Ann. § 20-15-1302 Legislative findings and intent.

The General Assembly finds and declares as follows: (1) Breast cancer is a significant threat to the health of women. Breast cancer is the most common form of cancer in women and causes the death of a woman in the United States every twelve (12) minutes; (2) The incidence of breast cancer continues to increase at a dramatic rate. During the past decade, the incidence has increased by thirty percent (30%). In 1960, one (1) woman in twenty (20) developed breast cancer over the course of her lifetime. By 1992, the probability had increased to one (1) woman in eight (8). At the current rate of increase, in the year 2000, one (1) woman in six (6) will develop breast cancer over the course of her lifetime. Presently, breast cancer claims the lives of over four hundred seventy (470) women in Arkansas each year; (3) Breast cancer exacts an enormous economic toll on our society, including over two billion dollars ($2,000,000,000) in direct medical costs, and over eight billion dollars ($8,000,000,000) in both direct medical and indirect costs; (4) Medical experts still do not know the cause of breast cancer or how to prevent breast cancer; (5) The State of Arkansas must take the lead in combatting the increasingly rapid spread of breast cancer and the current lack of knowledge with respect to breast cancer's cause and cure and effective methods of prevention; and (6) It is the intent of the General Assembly in enacting this act to fund essential research and services with respect to the cause, cure, detection and prevention of breast cancer, and breast cancer education.

Ark. Code Ann. § 20-15-1303 Breast Cancer Research Program — Funding.

There is established in the University of Arkansas a Breast Cancer Research Program. This program shall support research efforts into the cause, cure, treatment, earlier detection, and prevention of breast cancer and shall be administered according to the following principles: (1) The program shall fund innovative research and the dissemination of successful research findings, with special emphasis on research that complements, rather than duplicates, the research funded by the United States Government and other entities; (2)(A) All research grants shall be awarded on the basis of the research priorities established for the program and the scientific merit of the proposed research as determined by a peer review process governed by the Oversight Committee on Breast Cancer Research. (B) The committee shall consist of seven (7) members appointed by the Governor, as follows: (i) One (1) shall be appointed to represent the Arkansas Medical Society, Inc.; (ii) One (1) shall represent the Arkansas Hospital Association, Inc.; (iii) One (1) shall represent the medical oncology community; (iv) One (1) shall be a women's health advocate; and (v) Three (3) shall represent the University of Arkansas system. (C) Each of the four (4) congressional districts shall be represented by at least one (1) member. (D) The members shall serve for a period of four (4) years; (3) The peer review process for the selection of research grants awarded under this program shall be generally modeled on that used by the National Institutes of Health in its grant-making process, and the peer review process may stipulate that an applicant shall have participated in an established grant process before applying for a grant under this subchapter; (4) An awardee shall be awarded grants for the full or partial cost of conducting the sponsored research grants and contracts; and (5) All intellectual property assets developed under this program shall be treated in accordance with state and federal law.

Ark. Code Ann. § 20-15-1304 Advisory board — Breast Cancer Control Program.

(a)(1) There is hereby established a Breast Cancer Control Advisory Board, which shall consist of eight (8) members appointed by the Governor, as follows: (A) One (1) member shall be appointed to represent the Arkansas Medical Society, Inc.; (B) One (1) member shall represent the Arkansas Chapter of Susan G. Komen; (C) One (1) member shall represent the Arkansas Hospital Association, Inc.; (D) One (1) member shall represent the American Cancer Society; (E) One (1) member shall represent the Arkansas Nurses Association; (F) One (1) member shall represent the medical oncology community; (G) One (1) member shall represent the radiation oncology community; and (H) One (1) member shall be a women's health advocate. (2) Each of the four (4) congressional districts shall be represented by at least one (1) member. (3) The members shall serve for a period of four (4) years. (b)(1) There is established in the Department of Health the Breast Cancer Control Program. This program shall provide for the early detection, diagnosis, and treatment of breast cancer. (2) The program shall be administered according to the following principles: (A) The program shall provide for breast cancer education and awareness so as to ensure early detection and conduct surveillance activities across the state; (B) The program shall provide screening of women for breast cancer, including mammography, as an early detection healthcare measure; (C) After screening, the program shall provide medical referrals and financial assistance for services necessary for definitive diagnoses, including nonradiological techniques and biopsy; and (D) If a positive diagnosis is made, the program shall provide the necessary advocacy and financial assistance to help the person obtain necessary treatment.

Ark. Code Ann. § 20-15-1402 Legislative findings.

It is found and determined by the General Assembly that: (1) Osteoporosis, a bone-thinning disease, is a major public health problem that poses a threat to the health and quality of life of as many as twenty-five million (25,000,000) Americans; (2) The annual direct and indirect costs of osteoporosis to the healthcare system are estimated to be as high as eighteen billion dollars ($18,000,000,000) in 1993 and are expected to rise above sixty billion dollars ($60,000,000,000) in the year 2020; (3) Since osteoporosis progresses silently and currently has no cure, prevention, early diagnosis, and treatment are keys to reducing the prevalence of devastation from this disease; (4) Experts in the field of osteoporosis believe that with greater awareness of the value of prevention among medical experts, service providers, and the public, osteoporosis will be preventable and treatable in the future, thereby reducing the costs of long-term care and improving the quality of life for all Americans; and (5) Educating the public and the healthcare community throughout the State of Arkansas about this potentially devastating disease is of paramount importance and is in every respect in the public interest and to the benefit of all Arkansans.

Ark. Code Ann. § 20-15-1403 Osteoporosis prevention and treatment education program — Funding.

(a) The Department of Health shall coordinate with other agencies and organizations as funds become available to establish, promote, and maintain an osteoporosis prevention and treatment education program in order to raise public awareness, to educate consumers, to educate and train health professionals and service providers, and to carry out other purposes. (b) For purposes of administering this subchapter, the State Health Officer shall do all of the following: (1) Identify the appropriate entities to carry out an osteoporosis prevention and treatment education program; (2) Work to improve the capacity of community-based services to osteoporosis patients; (3) Work with governmental offices, community and business leaders, community organizations, healthcare and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of prevention, education, and treatment of osteoporosis; and (4) Identify and, as funds become available, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis. (c) As funds become available, the department shall use the following strategies for raising public awareness on the causes and nature of osteoporosis, the personal risk factors, the value of prevention and early detection, and the options for diagnosing and treating the disease: (1) An outreach campaign utilizing print, radio, and television public service announcements, advertisements, posters, and other materials; (2) Providing health information and risk factor assessment in regard to osteoporosis at public events; (3) Targeting populations at risk for osteoporosis; (4) Providing reliable information about osteoporosis to policy makers; (5) Distributing information through county health departments, schools, area agencies on aging, employer wellness programs, physicians, hospitals and health maintenance organizations, women's groups, nonprofit organizations, and community-based organizations; and (6) Any other strategy for raising public awareness about osteoporosis that is consistent with the provisions of this subchapter. (d) As funds become available, the department shall use the following strategies for educating and training physicians, health professionals, and community service providers in regard to the most up-to-date, accurate scientific and medical information on osteoporosis prevention, diagnosis, and treatment, therapeutic decision-making about osteoporosis, guidelines for detecting and treating osteoporosis in special populations, and risks and benefits of medications and research advances: (1) Identify and obtain educational materials for the professional healthcare provider which translate the latest scientific and medical information into clinical applications; (2) Raise awareness among professional healthcare providers as to the importance of osteoporosis prevention, early detection, treatment, and rehabilitation; and (3) Provide workshops and seminars for in-depth professional development in the field of the care and management of the patient with osteoporosis.

Ark. Code Ann. § 20-15-1404 Evaluation by the Department of Health.

The Department of Health may evaluate any or all of the following: (1) The research on osteoporosis being conducted within the state; (2) The available technical assistance, educational materials, and osteoporosis programs nationwide; (3) The level of public and professional awareness about osteoporosis; (4) The needs of osteoporosis patients, their families, and their caregivers; (5) The needs of healthcare providers, including physicians, nurses, and managed care organizations, in regard to caring for the osteoporosis patient; (6) The services available to the osteoporosis patient; (7) The existence of osteoporosis treatment programs; (8) The existence of osteoporosis support groups; and (9) The existence of rehabilitation services for osteoporosis patients.

Ark. Code Ann. § 20-15-1501 Purpose.

The purpose of this subchapter is to: (1) Provide early detection of hearing loss by physiological measurement in newborn children at the birthing facility or as soon after birth as possible; (2) Enable these children and their families and caregivers to obtain needed multidisciplinary evaluation, treatment, and intervention services at the earliest opportunity; (3) Prevent or mitigate the developmental delays and academic failures associated with late identification of hearing loss; and (4) Provide the state with the information necessary to effectively plan, establish, and evaluate a comprehensive system of appropriate services for newborns and infants who have a hearing loss or are deaf.

Ark. Code Ann. § 20-15-1502 Definitions.

As used in this subchapter: (1) “Birth admission” means the time after birth that the newborn remains in the hospital nursery before discharge; (2) “Birthing hospital” means any hospital located within the State of Arkansas that delivers newborns; (3) [Repealed.] (4) [Repealed.] (5) [Repealed.] (6) “Follow-up care” and “follow-up screening” means the follow-up services provided by a licensed audiologist to diagnose a hearing loss; (7) “Hearing loss” means an impairment that is a dysfunction of the auditory system of any type or degree sufficient to interfere with acquisition and development of speech and language skills; (8) “Hearing screening” means a bilateral physiological measurement of hearing on a newborn or infant; (9) “Infant” means a child thirty (30) days to twelve (12) months old; (10) “Intervention” means amplification by a licensed audiologist as required and early intervention services described in Part H of the Individuals with Disabilities Education Act as in effect January 1, 1999; (11) “Newborn” means a child up to twenty-nine (29) days old; (12) “Parent” means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child; (13) “Program” means the Universal Newborn Infant Hearing Screening, Tracking, and Intervention Program; and (14) “Provider” means an audiologist licensed by the State of Arkansas who administers initial newborn and infant hearing screenings upon referral from a hospital or physician or follow-up screenings outside of the hospital setting.

Ark. Code Ann. § 20-15-1503 Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board.

(a) There is created the Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board. (b)(1) The board shall be composed of seven (7) members appointed by the Governor, after consulting the Arkansas Speech-Language-Hearing Association, Inc., from the following professions or groups: (A) One (1) audiologist; (B) One (1) audiologist from the Department of Health; (C) One (1) audiologist from Arkansas Children's Hospital; (D) One (1) speech-language pathologist; (E) One (1) pediatrician-neonatologist or ear, nose, and throat physician; (F) One (1) adult who is deaf or hard of hearing to represent consumer organizations for deaf and hard of hearing persons; and (G) One (1) consumer of services who is a parent of a child or children with hearing loss. (2) Appointments made by the Governor under this subsection shall be subject to confirmation by the Senate. (c)(1) Members shall be appointed for three-year staggered terms to be assigned by lot. (2) The terms shall commence on January 15 of each year. (d) The board shall annually select by a majority vote one (1) of its members to serve as a chair and one (1) to serve as vice chair. (e) The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty, or for any malfeasance in office. (f) The board shall act by majority vote and as required by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (g) The board shall have the authority to recommend rules to implement this subchapter, and the department shall promulgate these rules. (h)(1) The board shall hold its first meeting within thirty (30) days of July 30, 1999, at a place designated by the department. (2) Subsequent meetings shall be held quarterly at the call of the Chair of the Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board or as often as necessary to make recommendations to the department so that the rules implementing this subchapter can be promulgated by July 1, 2000. (3) The board shall complete an annual report for the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor which provides information such as, but not limited to, the number of hospitals in compliance with this subchapter, the number of Deaf, deaf, or Hard of Hearing infants identified, and the availability of follow-up services. (i) The department shall provide administrative support services required by the board. (j) Members shall not be entitled to compensation for their services but may receive expense reimbursement and a stipend in accordance with § 25-16-901 et seq.

Ark. Code Ann. § 20-15-1504 Testing — Results.

(a) After July 30, 1999, and promulgation of rules, every birthing hospital in this state with more than fifty (50) births per year shall provide or arrange for a bilateral physiological hearing screening on each birth admission. Medicaid shall reimburse the birthing hospital for the physiological screening with the reimbursement equal to that amount paid outpatient providers for the same service in addition to the current rate of per diem paid to the hospital. (b) Any birthing hospital, provider, or physician administering initial hearing screenings to newborns and infants shall forward test results on a screening report to the Department of Health by the fifteenth day of the month following the month in which the test was conducted. (c) Any birthing hospital, provider, or physician screening newborns and infants shall provide information on locations at which medical and audiological follow-up care and follow-up screening can be obtained by the parents or guardians of the newborns and infants. (d) All providers or physicians completing follow-up screening or follow-up care for the hearing impairment shall forward test results on a screening report to the department by the fifteenth day of the month following the month in which the test was conducted.

Ark. Code Ann. § 20-15-1505 Exemption.

No test is to be performed if the parent of a newborn or infant dissents on the ground that the test conflicts with a personal religious belief or practice.

Ark. Code Ann. § 20-15-1901 Title.

This subchapter shall be known and may be cited as the “Arkansas Colorectal Cancer Screening Initiative Act”.

Ark. Code Ann. § 20-15-1902 Findings.

(a) The General Assembly finds that: (1)(A) In 2015, colorectal cancer was the second leading cause of cancer death in Arkansas. (B) An estimated one thousand five hundred eighty-two (1,582) new cases of colorectal cancer were diagnosed in Arkansas during 2015. (C) An estimated one thousand three hundred seventy (1,370) new cases of colorectal cancer will be diagnosed in Arkansas during 2018. (D) An estimated six hundred (600) Arkansans will have colorectal cancer listed as the cause of death in 2018. (E) Arkansas presently has higher incidences of colorectal cancer and higher rates of death resulting from colorectal cancer than the national average. (F) A 2015 cancer surveillance study published in the Journal of Cancer Epidemiology, Biomarkers, and Prevention by R.L. Siegel et al. indicates that the higher rates of colorectal cancer are experienced in the following seventeen (17) counties: (i) Randolph; (ii) Clay; (iii) Mississippi; (iv) Poinsett; (v) Woodruff; (vi) Cross; (vii) Crittenden; (viii) Lee; (ix) Monroe; (x) Arkansas; (xi) Phillips; (xii) Desha; (xiii) Chicot; (xiv) Drew; (xv) Jefferson; (xvi) Dallas; and (xvii) Jackson; (2)(A) Screening for colorectal cancer may identify the precursors of cancer before the disease begins and the precursors may be removed, thus preventing the emergence of most colorectal cancer. (B) Currently, only sixty-five percent (65%) of Arkansans who are at risk for colorectal cancer or who are above fifty (50) years of age have been screened. (C) On April 19, 2016, Governor Asa Hutchinson signed the “80% by 2018” pledge dedicating his commitment to increase colorectal cancer screenings to eighty percent (80%) by 2018. (D) Arkansas presently ranks forty-sixth in the nation for colorectal screenings among individuals who are fifty (50) years of age or older; and (3) The Colorectal Cancer Control Demonstration Project created in the Colorectal Cancer Act of 2005, Acts 2005, No. 2236 [repealed], produced findings indicating that: (A)(i) Statewide only fifty percent (50%) of adults over fifty (50) years of age have received colorectal cancer screening within the recommended time interval and thirty-five percent (35%) have never been screened. (ii) Screening rates are twenty-five percent (25%) lower in underserved areas of the state where healthcare services, health insurance coverage, educational attainment, and household income are limited; (B)(i) Forty percent (40%) of Arkansans who should be screened for colorectal cancer have never received physician advice to be screened. (ii) An individual in an underserved area of the state is less likely to receive appropriate advice about effective screening methods than an individual in a better-served area of the state; (C)(i) Fewer than forty percent (40%) of Arkansas citizens know that periodic screening for colorectal cancer should start at fifty (50) years of age. (ii) Fifty-six percent (56%) of Arkansas citizens rate themselves as being at low risk for colorectal cancer. (iii) Forty-two percent (42%) of Arkansas citizens identify cost as a significant barrier to screening; and (D)(i) Eighty-one percent (81%) of low-income patients enrolled in the Colorectal Cancer Control Demonstration Project successfully completed colorectal screening. (ii) A statewide screening program for underserved individuals could reduce colorectal cancer incidence among screened individuals by thirty-two percent (32%), reduce five-year mortality risk by twenty-five percent (25%), and reduce colorectal cancer treatment costs by fifty-four percent (54%). (b) This subchapter is intended to reduce the physical and economic burden of colorectal cancer in Arkansas.

Ark. Code Ann. § 20-15-1903 Definition.

As used in this subchapter, “high risk” means: (1) An individual over forty-five (45) years of age or who faces a high risk for colorectal cancer because of: (A) The presence of one (1) or more polyps on a previous colonoscopy, barium enema, or flexible sigmoidoscopy; (B) Family history of colorectal cancer; (C) Genetic alterations of hereditary nonpolyposis colon cancer or familial adenomatous polyposis; (D) Personal history of colorectal cancer, ulcerative colitis, or Crohn's disease; or (E) The presence of any appropriate recognized gene markers for colorectal cancer or other predisposing factors; and (2) Any additional or expanded definition of “persons at high risk for colorectal cancer” as recognized by medical science and determined by the Secretary of the Department of Health in consultation with the University of Arkansas for Medical Sciences.

Ark. Code Ann. § 20-15-1904 Initiative for prevention of colorectal cancer.

(a) There is created the Arkansas Colorectal Cancer Screening Initiative in the Department of Health, if funds are available. (b) The Winthrop P. Rockefeller Cancer Institute at the University of Arkansas for Medical Sciences may collaborate with the department and the Arkansas Cancer Coalition in conducting the initiative, which shall be administered through the department. (c)(1) The initiative shall be designed in conformity with federal law and regulations regarding a program for prevention, early detection, and treatment of colorectal cancer. (2) Funds shall not be used to supplant funds already available for prevention, early detection, and treatment of colorectal cancer. (d) A contract may be made under this subchapter only if: (1) In providing screenings for colorectal cancer, priority is given to individuals who lack adequate coverage under health insurance and health plans for screenings for colorectal cancer; (2) Screenings are carried out as preventive health measures in accordance with evidence-based screening guidelines and procedures; (3) A payment made through the initiative for a screening procedure will not exceed the amount specified under federal law and regulations regarding a grant program for prevention, early detection, and treatment of colorectal cancer; (4) Funds shall not be spent to make payment for any item or service if that payment has been made or can reasonably be expected to be made: (A) Under a state compensation program, an insurance policy, or a federal or state health benefits program; or (B) By an entity that provides health services on a prepaid basis; and (5) Fiscal controls and fund accounting procedures are established to ensure proper disbursal of and accounting for amounts received under this subchapter. (e) Upon request, the department shall provide records maintained under this subchapter to the appropriate federal oversight agency. (f) The initiative shall be implemented statewide.

Ark. Code Ann. § 20-15-1905 Initiative requirements.

The Arkansas Colorectal Cancer Screening Initiative funded under this subchapter shall: (1) Provide screenings and diagnostic tests for colorectal cancer to individuals who are: (A) Forty-five (45) years of age or older; or (B) Under forty-five (45) years of age and at high risk for colorectal cancer; (2) Provide appropriate case management and referrals for medical treatment of individuals screened under the initiative created in this subchapter; (3) Directly or through coordination or an arrangement with healthcare providers or programs ensure the full continuum of follow-up and cancer care for individuals screened in the initiative, including without limitation: (A) Appropriate follow-up for abnormal test results; (B) Diagnostic services; (C) Therapeutic services; and (D) Treatment of detected cancers and management of unanticipated medical complications; (4) Carry out activities to improve the education, training, and skills of health professionals, including allied health professionals in the detection and control of colorectal cancer; (5) Establish mechanisms to monitor the quality of screening and diagnostic follow-up procedures for colorectal cancer; (6) Create and implement appropriate monitoring systems to monitor, including without limitation: (A) The number of facilities in the state that provide screening services in accordance with evidence-based screening guidelines and procedures; (B) Physicians, including family practitioners, gastroenterologists, and surgical endoscopists who perform colonoscopies in the state and the regions of the state in which the physicians practice; (C) Differences in cost across facilities as compared to Medicare payment for procedures; and (D) Available resources for follow-up diagnostics and treatment as needed; (7) Develop and disseminate findings derived from the monitoring systems; (8) Develop and disseminate public information and education programs for the detection and control of colorectal cancer and for promoting the benefits of receiving screenings for the public and for healthcare professions, to include without limitation education concerning: (A) High-risk populations; (B) Target populations; and (C) The uninsured and underinsured; (9) Develop provider-oriented programs to promote routine implementation of screening guidelines and patient-oriented programs to increase utilization of screening and diagnostic services; and (10) Make records of initiative activities and expenditures available to the Department of Health.

Ark. Code Ann. § 20-15-2001 Agency collaboration.

The Department of Human Services and the Department of Health shall collaborate to identify goals and benchmarks while also developing individual entity plans to reduce the incidence of diabetes in Arkansas, improve diabetes care, and control complications associated with diabetes.

Ark. Code Ann. § 20-15-2002 Reporting.

The Department of Human Services and the Department of Health shall submit a report to the Legislative Council by January 10 of each even-numbered year, including without limitation the following: (1) The financial impact and reach that diabetes of all types are having on each agency, localities, and the state, including without limitation: (A) The number of individuals with diabetes that are impacted or covered by the agency; (B) The number of individuals with diabetes and family members who are impacted by prevention and diabetes control programs implemented by the agency; (C) The financial toll or impact diabetes and its complications places on the program; and (D) The financial toll or impact diabetes and its complications places on the program in comparison to other chronic diseases and conditions; (2) An assessment of the benefits of implemented programs and activities that: (A) Aims at controlling diabetes and preventing the disease; and (B) Documents the amount and source for funding directed to the agency or entity from the General Assembly for programs and activities aimed at reaching individuals with diabetes; (3) A description of the level of coordination existing among the agencies and other entities of activities, programs, and messages on managing, treating, or preventing all forms of diabetes and its complications; (4)(A) The development or revision of detailed action plans for battling diabetes with a range of actionable items for consideration by the General Assembly. (B) The plans shall identify: (i) Proposed actions to reduce the impact of diabetes, prediabetes, and related complications caused by diabetes; (ii) Expected outcomes of the actions proposed; and (iii) Benchmarks for controlling and preventing relevant forms of diabetes; and (5) The development of a detailed budget blueprint: (A) Identifying needs, costs, and resources required to implement the plan identified in subdivision (4) of this section; and (B) Including a budget range for all options presented in the plan identified in subdivision (4) of this section for consideration by the General Assembly.

Ark. Code Ann. § 20-15-2003 Applicability.

The requirements of this subchapter are limited to the diabetes information, data, initiatives, and programs within each agency before July 22, 2015, unless there is available funding for diabetes in each agency that may be used for new research, data collection, reporting, or other requirements of this subchapter.

Ark. Code Ann. § 20-15-2102 Findings.

It is found and determined by the General Assembly of the State of Arkansas that: (1) The process of approval for investigational drugs, biological products, and devices in the United States often takes many years; (2) Patients who have a terminal disease do not have the luxury of waiting until an investigational drug, biological product, or device receives final approval; (3) The standards of the United States Food and Drug Administration for the use of investigational drugs, biological products, and devices may deny the benefits of potentially life-saving treatments to terminally ill patients; (4) The State of Arkansas recognizes that patients who have a terminal disease have a fundamental right to attempt to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices; and (5) The use of available investigational drugs, biological products , or devices is a decision that should be made by the patient with a terminal disease in consultation with his or her physician.

Ark. Code Ann. § 20-15-2103 Definitions.

As used in this subchapter: (1) “Eligible patient” means a person who meets the requirements of eligibility in § 20-15-2104; (2) “Investigational drug, biological product, or device” means a drug, biological product, or device that: (A) Has successfully completed phase I of clinical trials but has not been approved for general use by the United States Food and Drug Administration; and (B) Remains currently under investigation in a United States Food and Drug Administration clinical trial; (3) “Physician” means an individual licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; and (4) “Terminal illness” means an incurable and irreversible condition that without the administration of life-sustaining treatment will, in the opinion of the patient's physician, result in death within a relatively short time.

Ark. Code Ann. § 20-15-2104 Eligibility.

In order for a patient to access an investigational drug, biological product, or device under this subchapter, a physician must document in the patient's medical record and chart that the patient: (1) Has a terminal illness; (2) Has a determination from a qualified physician that the patient has no comparable or satisfactory treatment options approved by the United States Food and Drug Administration available to treat the terminal illness and that the probable risk to the patient from the investigational drug, biological product, or device is not greater than the probable risk from the terminal illness; (3) Has been unable to participate in a clinical trial for the terminal illness within one hundred (100) miles of the patient's home address or has not been accepted to the clinical trial within one (1) week of the completion of the clinical trial application process; (4) Has been given a prescription by a physician for an investigational drug, biological product, or device; (5)(A) Has given informed consent in writing for the use of the investigational drug, biological product, or device. (B) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian may provide informed consent on the patient's behalf; and (6) Has received written documentation from a physician that the patient meets the requirements of this subchapter.

Ark. Code Ann. § 20-15-2105 Availability.

A manufacturer of an investigational drug, biological product, or device may, but is not required to, make its investigational drug, biological product, or device available to eligible patients under this subchapter.

Ark. Code Ann. § 20-15-2106 Costs — Definition.

(a) A manufacturer of an investigational drug, biological product, or device may: (1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; or (2)(A) Require an eligible patient to pay the costs associated with the manufacture of the investigational drug, biological product, or device. (B) As used in this section, “costs associated with the manufacture of the investigational drug, biological product, or device” means the actual out-of-pocket costs incurred in providing the investigational drug, biological product, or device to the patient in the specific case. (b) If a patient dies while being treated by an investigational drug, biological product, or device, the patient's heirs are not liable for any outstanding debt to the manufacturer related to the investigational drug, biological product, or device.

Ark. Code Ann. § 20-15-2107 Insurance coverage.

An insurance company: (1) May, but is not required to, provide coverage for an investigational drug, biological product, or device; and (2) Shall not deny coverage for an item or service that is otherwise covered by an insurance contract between the eligible person and an insurance company.

Ark. Code Ann. § 20-15-2108 Prohibited sanctions.

The recommendation, prescription, treatment, or participation in the treatment of a terminal illness with an investigational drug, biological product, or device shall not permit: (1) A licensing board to revoke a license, fail to renew a license, or take any other action against a physician's license; (2) A state agency or licensing board to revoke a license, fail to renew a license, or take any other action against: (A) A medical professional licensed under state law; or (B) A hospital licensed under § 20-9-213; or (3) An action against a hospital's Medicare certification.

Ark. Code Ann. § 20-15-2109 Remedy.

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

Ark. Code Ann. § 20-15-2110 Immunity.

(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 investigational drug, biological product, or device is immune from civil liability for any loss, damage, or injury arising out of, relating to, or resulting from the investigational drug, biological product, or device so long as the person or entity is substantially complying in good faith with this subchapter. (b) This subchapter does not require a medical professional who is licensed under the laws of this state to counsel, advise, prescribe, dispense, administer, or otherwise be involved in the care of an eligible patient using an investigational drug, biological product, or device. (c) This subchapter does not require a hospital licensed under § 20-9-213 to provide any service related to an investigational drug, biological product, or device.

Ark. Code Ann. § 20-15-2111 Medicaid coverage.

This subchapter does not require the Department of Human Services or the Arkansas Medicaid Program to provide additional coverage for an investigational drug, biological product, or device.

Ark. Code Ann. § 20-15-2201 Findings — Purpose.

(a) The General Assembly finds: (1) Alpha-gal allergies are a reaction to galactose-alpha-1, 3-galactose, when the body is overloaded with immunoglobulin E antibodies on contact with the galactose carbohydrate; (2) Bites from the lone star tick, which transfer this carbohydrate to the victim, have been implicated in the development of this delayed allergic response which is triggered by the consumption of mammalian meat products; (3) Alpha-gal allergies most often occur in the central and southern states such as Arkansas, where the lone star tick is more prevalent; (4) A typical allergic reaction to Alpha-gal has a delayed onset, occurring four to eight (4-8) hours after the consumption of mammalian meat products, instead of the typical rapid onset with most food allergies; (5) Since the reaction to eating mammal meat is delayed by several hours, the proper diagnosis is often missed or the patient is misdiagnosed; (6) People who are affected by Alpha-gal have to be constantly vigilant about the ingredients they consume, because an allergic reaction can be severe and life-threatening; and (7) As doctors are not required to report the number of patients suffering with Alpha-gal, the true number of affected individuals is unknown. (b) The purpose of this subchapter is to: (1) Promote awareness and encourage efforts to treat Alpha-gal in the state; and (2) Ensure food safety for individuals with Alpha-gal allergies through better food labeling. (c) This section shall expire on December 31, 2018.

Ark. Code Ann. § 20-15-2202 Task Force on Alpha-gal — Creation.

(a) The Task Force on Alpha-gal is created. (b) The task force shall be composed of the following seventeen (17) members: (1) One (1) senator appointed by the President Pro Tempore of the Senate; (2) Two (2) members of the House of Representatives appointed by the Speaker of the House of Representatives; (3) The Director of the Department of Health or his or her designee, serving as an ex officio, nonvoting member; (4) The Insurance Commissioner or his or her designee, serving as an ex officio, nonvoting member; (5) The Secretary of the Arkansas Agriculture Department or his or her designee, serving as an ex officio, nonvoting member; (6) Three (3) members who are employed by the Department of Health and designated by the Director of the Department of Health; (7) One (1) member who is designated by the Arkansas Hospitality Association, Inc.; (8) One (1) member who is designated by the Arkansas State Board of Nursing; (9) One (1) member who is designated by the Arkansas Pharmacist’s Association; (10) One (1) member who is designated by the American Academy of Allergy, Asthma and Immunology; (11) One (1) member who is designated by the American College of Allergy, Asthma and Immunology; (12) Two (2) members who are designated by the Division of Agriculture of the University of Arkansas; and (13) One (1) member who is a patient with a diagnosis of Alpha-gal allergies and who is appointed by the Speaker of the House of Representatives. (c) The terms of the legislative members of the task force shall expire on December 31, 2018. (d) Nonlegislative members shall serve at the pleasure of the organizations they represent. (e) Vacancies on the task force shall be filled in the same manner as provided for the initial appointment. (f) The chair shall be one (1) of the legislative members of the task force and shall be selected by the legislative members of the task force. (g) The task force shall meet as often as is deemed necessary by the chair. (h) The members of the task force shall serve without compensation and shall not receive per diem, mileage, or stipends. (i) The task force shall receive staff support from the Bureau of Legislative Research. (j) This section shall expire on December 31, 2018.

Ark. Code Ann. § 20-15-2203 Task Force on Alpha-gal — Duties.

(a) The Task Force on Alpha-gal shall make recommendations designed to improve and increase knowledge and treatment throughout the state for Alpha-gal, especially for emergency room healthcare professionals. (b) The task force shall submit a report to the Legislative Council, the Senate Committee on Public Health, Welfare, and Labor, and the House Committee on Public Health, Welfare, and Labor no later than October 1 annually. (c) This section shall expire on December 31, 2018.

Ark. Code Ann. § 20-15-2301 Maternal Mortality Review Committee.

(a)(1) The Department of Health shall establish the Maternal Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths. (2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department. (b) The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section.

Ark. Code Ann. § 20-15-2302 Powers and duties.

The Maternal Mortality Review Committee shall: (1) Review pregnancy-associated deaths or deaths of women with indication of pregnancy up to three hundred sixty-five (365) days after the end of pregnancy, regardless of cause, to identify the factors contributing to these deaths; (2) Identify maternal death cases; (3) Review medical records and other relevant data; (4) Contact family members and other affected or involved persons to collect additional relevant data; (5) Consult with relevant experts to evaluate the records and data; (6) Make determinations regarding the preventability of maternal deaths; (7) Develop recommendations for the prevention of maternal deaths, including public health and clinical interventions that may reduce these deaths and improve systems of care; and (8) Disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public.

Ark. Code Ann. § 20-15-2303 Access to records.

(a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal Mortality Review Committee to all relevant medical records associated with a case under review by the committee. (b) A healthcare provider, healthcare facility, or pharmacy providing access to medical records as described by subsection (a) of this section is not liable for civil damages or subject to any criminal or disciplinary action for good faith efforts in providing such records.

Ark. Code Ann. § 20-15-2304 Confidentiality.

(a)(1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person. (2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal Mortality Review Committee of the case to which they relate. (3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project. (b) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department under this subchapter are confidential. (c)(1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings. (d)(1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. (2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.

Ark. Code Ann. § 20-15-2305 Disclosure.

Disclosure of protected health information is allowed for public health, safety, and law enforcement purposes, and providing case information on maternal deaths for review by the Maternal Mortality Review Committee is not a violation of the Health Insurance Portability and Accountability Act of 1996.

Ark. Code Ann. § 20-15-2306 Immunity from liability.

State, local, or regional committee members are immune from civil and criminal liability in connection with their good faith participation in the maternal death review and all activities related to a review with the Maternal Mortality Review Committee.

Ark. Code Ann. § 20-15-2307 Reporting.

(a) Beginning in 2020, the Maternal Mortality Review Committee shall file a written report on the number and causes of maternal deaths and its recommendations on or before December 31 of each year to: (1) The Senate Committee on Public Health, Welfare, and Labor; (2) The House Committee on Public Health, Welfare, and Labor; and (3) The Legislative Council. (b) The report shall include: (1) The findings and recommendations of the Maternal Mortality Review Committee; and (2) An analysis of factual information obtained from the review of the maternal death investigation reports and any local or regional review panels that do not violate the confidentiality provisions under this subchapter. (c) The report shall include only aggregate data and shall not identify a particular facility or provider.

Ark. Code Ann. § 20-15-2401 Maternal and Perinatal Outcomes Quality Review Committee.

(a)(1) The Department of Health shall establish the Maternal and Perinatal Outcomes Quality Review Committee to review data on births and to develop strategies for improving birth outcomes. (2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department. (b) The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section.

Ark. Code Ann. § 20-15-2402 Powers and duties.

The Maternal and Perinatal Outcomes Quality Review Committee shall: (1) Create a unified message and strategy that builds on best practices; (2) Develop clear measurements to evaluate targeted outreach, progress, and return on investment; (3) Develop recommendations for levels of care by establishing systems designating where infants are born or transferred according to the level of care they need at birth; (4) Create a system of continuous quality improvement that will include the ability of designated and nondesignated hospitals to compare performance to peer facilities; (5) Create a collaborative framework, in addition to quality improvement for birthing hospitals that will allow for better outcomes, better overall long-term care, and decreased cost of care; and (6) Disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public.

Ark. Code Ann. § 20-15-2403 Access to records.

(a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal and Perinatal Outcomes Quality Review Committee to all relevant medical records associated with a case under review by the committee. (b) A healthcare provider, healthcare facility, or pharmacy providing access to medical records as described in subsection (a) of this section is not liable for civil damages or subject to any criminal or disciplinary action for good faith efforts in providing such records.

Ark. Code Ann. § 20-15-2404 Confidentiality.

(a)(1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person. (2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal and Perinatal Outcomes Quality Review Committee of the case to which they relate. (3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project. (b) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department under this subchapter are confidential. (c)(1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings. (d)(1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. (2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.

Ark. Code Ann. § 20-15-2405 Disclosure.

Disclosure of protected health information is allowed for public health, safety, and law enforcement purposes and providing case information on maternal deaths for review by the Maternal and Perinatal Outcomes Quality Review Committee is not a violation of the Health Insurance Portability and Accountability Act of 1996.

Ark. Code Ann. § 20-15-2406 Immunity from liability.

State, local, or regional members of the Maternal and Perinatal Outcomes Quality Review Committee are immune from civil and criminal liability in connection with their good faith participation in a maternal death review and all activities related to a review with the committee.

Ark. Code Ann. § 20-15-2407 Reporting.

(a) Beginning in 2020, the Maternal and Perinatal Outcomes Quality Review Committee shall file a written report on maternal and perinatal outcomes and its recommendations on or before December 31 of each year to: (1) The Senate Committee on Public Health, Welfare, and Labor; (2) The House Committee on Public Health, Welfare, and Labor; and (3) The Legislative Council. (b) The report shall include: (1) The findings and recommendations of the Maternal and Perinatal Outcomes Quality Review Committee; and (2) An analysis of factual information obtained from the review of the birth outcome data and local or regional review panels that do not violate the confidentiality provisions under this subchapter. (c) The report shall include only aggregate data and shall not identify a particular facility or provider.

Ark. Code Ann. § 20-15-2501 Title.

This subchapter shall be known and may be cited as the "Right to Try Individualized Investigational Treatment Act".

Ark. Code Ann. § 20-15-2502 Definitions.

As used in this subchapter: (1) “Costs associated with the manufacture of the individualized investigational treatment” means the actual out-of-pocket costs incurred in providing the individualized investigational treatment to the patient in his or her specific case; (2) "Eligible facility" means an institution that is operating under a Federalwide Assurance for the Protection of Human Subjects under 42 U.S.C. § 289(a) and 45 C.F.R. Part 46, as existing on January 1, 2025, and is subject to the laws, regulations, policies, and guidelines relating to Federalwide Assurance for the Protection of Human Subjects, including renewals or updates; (3) “Eligible patient” means a person who meets the requirements of eligibility under § 20-15-2503; (4) "Individualized investigational treatment" means a drug, biological product, or device that is unique to and produced exclusively for use for an individual patient, based on his or her own genetic profile, including without limitation an individualized gene therapy antisense oligonucleotide and individualized neoantigen vaccines; (5) "Life-threatening" means a disease or condition: (A) Where the likelihood of death is high unless the course of the disease or condition is interrupted; and (B) With a potentially fatal outcome, where the endpoint of clinical trial analysis is survival; (6) “Physician” means an individual licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; and (7) "Severely debilitating" means a disease or condition that causes major irreversible morbidity.

Ark. Code Ann. § 20-15-2503 Eligibility.

In order for a patient to access an individualized investigational treatment under this subchapter, a physician shall document in the patient's medical record and chart that the patient: (1) Has a life-threatening or severely debilitating illness; (2) Has considered all other treatment options currently approved by the United States Food and Drug Administration; (3) Has received a recommendation from the physician for an individualized investigational treatment based on analysis of the patient's genomic sequence, human chromosomes, deoxyribonucleic acid, ribonucleic acid, genes, gene products such as enzymes and other types of proteins, or metabolites; (4)(A) Has given written, informed consent for the use of the individualized investigational treatment. (B) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian may provide written, informed consent on the patient's behalf. (C) The written, informed consent shall include at a minimum: (i) An explanation of the currently approved products and treatments for the disease or condition of which the patient suffers; (ii) An attestation that the patient, or if the patient is a minor or lacks the mental capacity to concur, a parent or legal guardian, concurs with his or her physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient’s life; (iii) Clear identification of the specific proposed individualized investigational treatment that the patient is seeking to use; (iv) A description of the potentially best and worst outcomes of using the individualized investigational treatment and a realistic description of the most likely outcome, including without limitation the possibility that new, unanticipated, different, or worse symptoms might result, and that death could be hastened by the individualized investigational treatment, which is based on the physician’s knowledge of the individualized investigational treatment in conjunction with an awareness of the patient’s condition; (v) A statement that the patient’s health plan or third-party administrator and provider are not obligated to pay for any care or treatments consequent to the use of the individualized investigational treatment, unless the patient’s health plan or third-party administrator and provider are specifically required to do so by law or contract; (vi) A statement that the patient’s eligibility for hospice care may be withdrawn if the patient receives an individualized investigational treatment and that care may be reinstated if the individualized investigational treatment ends and the patient meets hospice eligibility requirements; and (vii) A statement that the patient understands that he or she is liable for all expenses consequent to the use of the individualized investigational treatment and that this liability extends to the patient’s estate, unless a contract between the patient and the manufacturer of the individualized investigational treatment states otherwise; and (5) Has received written documentation from a physician that the patient meets the requirements of this subchapter.

Ark. Code Ann. § 20-15-2504 Availability.

(a) A manufacturer of an individualized investigational treatment operating within an eligible facility may make available an individualized investigational treatment available to eligible patients under this subchapter. (b) This section does not require that a manufacturer make available an individualized investigational treatment to an eligible patient.

Ark. Code Ann. § 20-15-2505 Costs.

(a) A manufacturer of an individualized investigational treatment or an eligible facility may: (1) Provide an individualized investigational treatment to an eligible patient without receiving compensation; or (2) Require an eligible patient to pay the costs associated with the manufacture of the individualized investigational treatment. (b) If an eligible patient dies while receiving individualized investigational treatment, the eligible patient's heirs are not liable for any outstanding debt to the manufacturer related to the individualized investigational treatment.

Ark. Code Ann. § 20-15-2506 Insurance coverage.

(a) An insurance company: (1) May, but is not required to, provide coverage for an individualized investigational treatment; and (2) Shall not deny coverage for an item or service that is otherwise covered by an insurance contract between the eligible person and the insurance company. (b) This subchapter does not affect any mandatory healthcare coverage for participation in clinical trials or expand the health care coverage required of an insurance company.

Ark. Code Ann. § 20-15-2507 Prohibited sanctions.

The recommendation, prescription, treatment, or participation in the treatment of a life-threatening or severely debilitating illness with an individualized investigational treatment shall not permit: (1) A state agency or licensing board to revoke a license, fail to renew a license, or take any other action against a medical professional's license or a healthcare provider's license; (2) A state agency, state official, or employee or agent of the state to block or attempt to block an eligible patient's access to an individualized investigational treatment; or (3) An action against a hospital's Medicare certification.

Ark. Code Ann. § 20-15-2508 Counseling, advice, or recommendation not violation.

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.

Ark. Code Ann. § 20-15-2509 Immunity.

(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 immune from civil liability for any loss, damage, or injury arising out of, relating to, or resulting from the individualized investigational treatment if the person or entity is substantially complying in good faith with this subchapter and has exercised reasonable care. (b) This subchapter does not require a medical professional who is licensed under the laws of this state to counsel, advise, prescribe, dispense, administer, or otherwise be involved in the care of an eligible patient using an individualized investigational treatment. (c) This subchapter does not require a hospital licensed under § 20-9-213 to provide any new or additional service related to an individualized investigational treatment, unless approved by the hospital.

Ark. Code Ann. § 20-15-2510 Medicaid coverage.

This subchapter does not require the Department of Human Services or the Arkansas Medicaid Program to provide additional coverage for an individualized investigational treatment.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026

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