Browse Arkansas Code titles and sections

12-12-402. Procedures governing medical treatment.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-12-402. Procedures governing medical treatment.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-402

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

Issuing source page ↗

Authority boundary: historical statutory source snapshot not current law.

Open the recorded source website ↗

Record provenance

Stable record: arkansas_code:legal_authorities:12-12-402
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 72e42a77e448cd1bfd34acc4bb32fdc36145d1440e3d064449a57f21632968f2

Source location: content.xml paragraph 4549

Stored source content

12-12-402. Procedures governing medical treatment. (a) All medical facilities or licensed healthcare providers conducting medical-legal examinations in Arkansas shall adhere to the procedures set forth in this section in the event that a person presents himself or herself or is presented for treatment as a victim of rape, attempted rape, any other type of sexual assault, or incest. (b)(1)(A) Any adult victim presented for medical treatment shall make the decision of whether or not the incident will be reported to a law enforcement agency. (B) No medical facility or licensed healthcare provider may require an adult victim to report the incident in order to receive medical treatment. (C)(i) Evidence will be collected only with the permission of the victim. (ii) However, permission shall not be required when the victim is unconscious, mentally incapable of consent, or intoxicated. (2)(A) Should an adult victim wish to report the incident to a law enforcement agency, the appropriate law enforcement agencies shall be contacted by the medical facility or licensed healthcare provider or the victim's designee. (B)(i) The victim shall be given a medical screening examination by a qualified medical person as provided under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, as in effect on January 1, 2001, if the victim arrives at the emergency department of a hospital, and the person shall be examined and treated and any injuries requiring medical attention will be treated in the standard manner. (ii) A medical-legal examination shall be conducted and specimens shall be collected for evidence. (C) If a law enforcement agency has been contacted and with the permission of the victim, the evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident. (c)(1) Any victim under eighteen (18) years of age shall be examined and treated, and any injuries requiring medical attention shall be treated in the standard manner. (2) A medical-legal examination shall be performed, and specimens shall be collected for evidence. (3) The reporting medical facility or licensed healthcare provider shall follow the procedures set forth in Subchapter 4 of the Child Maltreatment Act, § 12-18-101 et seq., regarding the reporting of injuries to victims under eighteen (18) years of age. (4) The evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident. (d) Reimbursement for the medical-legal examinations shall be available to the medical facility or licensed healthcare provider pursuant to the procedures set forth in § 12-12-403. (e) A medical facility or licensed healthcare provider shall not transfer the victim to another medical facility unless: (1) The victim or a parent or guardian of a victim under eighteen (18) years of age requests the transfer, or a physician or other qualified medical personnel when a physician is not available has signed a certification that the benefits to the victim's health would outweigh the risks to the victim's health as a result of the transfer; and (2) The transferring medical facility or licensed healthcare provider provides all necessary medical records and ensures that appropriate transportation is available.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395dd — Definitions

For purposes of this subchapter— **(a) Spell of illness** The term “spell of illness” with respect to any individual means a period of consecutive days— (1) beginning with the first day (not included in a previous spell of illness) (A) on which such individual is furnished inpatient hospital services, inpatient critical access hospital services or extended care services, and (B) which occurs in a month for which he is entitled to benefits under part A, and (2) ending with the close of the first period of 60 consecutive days thereafter on each of which he is neither an inpatient of a hospital or critical access hospital nor an inpatient of a facility described in [section 1395i–3(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395i–3/a/1&num=0&edition=prelim) or subsection (y)(1). **(b) Inpatient hospital services** The term “inpatient hospital services” means the following items and services furnished to an inpatient of a hospital and (except as provided in paragraph (3)) by the hospital— (1) bed and board; (2) such nursing services and other related services, such use of hospital facilities, and such medical social services as are ordinarily furnished by the hospital for the care and treatment of inpatients, and such drugs, biologicals, supplies, appliances, and equipment, for use in the hospital, as are ordinarily furnished by such hospital for the care and treatment of inpatients; and (3) such other diagnostic or therapeutic items or services, furnished by the hospital or by others under arrangements with them made by the hospital, as are ordinarily furnished to inpatients either by such hospital or by others under such arrangements; (4) medical or surgical services provided by a physician, resident, or intern

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395dd

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395dd. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395dd — Examination and treatment for emer-

Page 3663 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395dd 1 So in original. Probably should be followed by a comma. § 1395dd. Examination and treatment for emer- gency medical conditions and women in labor (a) Medical screening requirement In the case of a hospital that has a hospital emergency department, if any individual (whether or not eligible for benefits under this subchapter) comes to the emergency department and a request is made on the individual’s behalf for examination or treatment for a medical con- dition, the hospital must provide for an appro- priate medical screening examination within the capability of the hospital’s emergency depart- ment, including ancillary services routinely available to the emergency department, to de- termine whether or not an emergency medical condition (within the meaning of subsection (e)(1)) exists. (b) Necessary stabilizing treatment for emer- gency medical conditions and labor (1) In general If any individual (whether or not eligible for benefits under this subchapter) comes to a hospital and the hospital determines that the individual has an emergency medical condi- tion, the hospital must provide either— (A) within the staff and facilities available at the hospital, for such further medical ex- amination and such treatment as may be re- quired to stabilize the medical condition, or (B) for transfer of the individual to an- other medical facility in accordance with subsection (c). (2) Refusal to consent to treatment A hospital is deemed to meet the require- ment of paragraph (1)(A) with respect to an in- dividual if the hospital offers the individual the further medical examination and treat- ment described in that paragraph and informs the individual (or a person acting on the indi- vidual’s

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395dd

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395dd. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-12-403. Examinations and treatment — Payment.

12-12-403. Examinations and treatment — Payment. (a) All licensed emergency departments shall provide prompt, appropriate emergency medical-legal examinations for sexual assault victims. (b)(1)(A) All victims shall be exempted from the payment of expenses incurred as a result of receiving a medical-legal examination if the victim receives the medical-legal examination within ninety-six (96) hours of the attack. (B) However, the time limitation of ninety-six (96) hours may be waived if the victim is a minor or if the Crime Victims Reparations Board finds that good cause exists for the failure to provide the medical-legal examination within the required time. (2)(A) This subsection does not require a victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided with a forensic medical exam or reimbursement for charges incurred on account of a forensic medical exam, or both. (B) Subdivision (b)(2)(A) of this section does not preclude a report of suspected abuse or neglect as permitted or required by the Child Maltreatment Act, § 12-18-101 et seq. (c)(1) A medical facility or licensed healthcare provider that performs a medical-legal examination shall submit a sexual assault reimbursement form, an itemized statement that meets the requirements of 45 C.F.R. § 164.512(d), as it existed on January 2, 2001, directly to the board for payment. (2) The medical facility or licensed healthcare provider shall not submit any remaining balance after reimbursement by the board to the victim. (3) Acceptance of payment of the expenses of the medical-legal examination by the board shall be considered payment in full and bars any legal action for collection.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-403

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-403. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-18-101. Title.

12-18-101. Title. This chapter shall be known and may be cited as the “Child Maltreatment Act”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-101

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-18-101. This identifies an authority to review, not proof of applicability.