Browse Arkansas Code titles and sections
17-80-117. Definitions — Substance Abuse Reporting Act.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-80-117. Definitions — Substance Abuse Reporting Act.
(a) As used in this section:
(1) “Disciplinary action” means an action taken by a required reporter to terminate:
(A) The employment of a healthcare professional;
(B) A contractual arrangement with a healthcare professional; or
(C) The clinical privileges of a healthcare professional;
(2) “Healthcare professional” means an individual who is licensed, certified, or otherwise authorized by a licensing authority of this state to administer healthcare services in the ordinary course of his or her business or practice;
(3) “Licensing authority” means a government agency or board charged with licensing, certifying, or authorizing a healthcare professional to administer health care in this state; and
(4) “Required reporter” means:
(A) A facility licensed by the Division of Health Facilities Services;
(B) A facility licensed by the Office of Long-Term Care of the Division of Medical Services of the Department of Human Services; and
(C) Any other entity that employs or contracts with healthcare professionals to provide healthcare services to individuals in the State of Arkansas.
(b) The chief executive officer or an official agent of a required reporter or his or her designee shall report to the appropriate licensing authority the following:
(1) A final disciplinary action taken against a healthcare professional as a result of the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthcare professional; and
(2) The voluntary resignation of any healthcare professional against whom a disciplinary action arising from the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthca
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-80-117
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.
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Stable record: arkansas_code:legal_authorities:17-80-117
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 41898f8778cc92079125d61e1449950592bcd97cd71a82837ecb004694a271e1
Source location: content.xml paragraph 19187
Stored source content
17-80-117. Definitions — Substance Abuse Reporting Act.
(a) As used in this section:
(1) “Disciplinary action” means an action taken by a required reporter to terminate:
(A) The employment of a healthcare professional;
(B) A contractual arrangement with a healthcare professional; or
(C) The clinical privileges of a healthcare professional;
(2) “Healthcare professional” means an individual who is licensed, certified, or otherwise authorized by a licensing authority of this state to administer healthcare services in the ordinary course of his or her business or practice;
(3) “Licensing authority” means a government agency or board charged with licensing, certifying, or authorizing a healthcare professional to administer health care in this state; and
(4) “Required reporter” means:
(A) A facility licensed by the Division of Health Facilities Services;
(B) A facility licensed by the Office of Long-Term Care of the Division of Medical Services of the Department of Human Services; and
(C) Any other entity that employs or contracts with healthcare professionals to provide healthcare services to individuals in the State of Arkansas.
(b) The chief executive officer or an official agent of a required reporter or his or her designee shall report to the appropriate licensing authority the following:
(1) A final disciplinary action taken against a healthcare professional as a result of the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthcare professional; and
(2) The voluntary resignation of any healthcare professional against whom a disciplinary action arising from the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthcare professional if a disciplinary action is pending.
(c) A report required by subsection (b) of this section shall be submitted within seven (7) days of the final disciplinary action or voluntary resignation and shall include without limitation:
(1) The name, address, and telephone number of the person who is the subject of the report; and
(2) A description of the facts giving rise to the issuance of the report.
(d) If a licensing authority receiving a report of disciplinary action under subsection (b) of this section determines, after investigation and due process, that a criminal act may have been committed involving the diversion of controlled substances to one (1) or more third parties by the healthcare professional, the licensing authority shall report the information to the local office of the United States Diversion Control Division of the United States Drug Enforcement Administration.
(e) The chief executive officer or an official agent of a required reporter, or his or her designee, shall report to the appropriate law enforcement agency any final disciplinary action taken against an employee as a result of his or her diversion of controlled substances to one (1) or more third parties when the employee is not a healthcare professional.
(f) The following information shall be exempt from the reporting requirements of this section:
(1) Information learned or maintained in connection with an alcohol or drug prevention function that is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States to the extent that the reporting is in violation of 42 U.S.C. § 290dd-2 or federal regulations adopted relating to 42 U.S.C. § 290dd-2, as it existed on January 1, 2015; and
(2) Information learned or maintained by a required reporter in the course of providing healthcare services to the healthcare professional.
(g) The duty to report under this section does not require disclosure of communications, proceedings, minutes, records, or reports that are privileged under § 16-46-105, § 16-46-109, § 20-9-503, or any other law of the state.
(h) The duty to report that is required under this section is in addition to, and is not a substitute for, other reporting requirements imposed by applicable federal and state law, including without limitation:
(1) Reporting the theft or loss of controlled substances under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq.; and
(2) Reporting physician misconduct under § 17-95-104.
(i) A required reporter or its agents or employees shall not be liable to any person and are immune from civil liability for filing a report required by this section and the contents of the report.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801
Stored review status: release_metadata_unconfirmed. The source passage cites 21 U.S.C. § 801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 772
TITLE 21—FOOD AND DRUGS
§ 801
Sec.
831.
Additional requirements relating to online
pharmacies and telemedicine.
832.
Suspicious orders.
PART D—OFFENSES AND PENALTIES
841.
Prohibited acts A.
842.
Prohibited acts B.
843.
Prohibited acts C.
844.
Penalties for simple possession.
844a.
Civil penalty for possession of small amounts
of certain controlled substances.
845 to 845b. Transferred.
846.
Attempt and conspiracy.
847.
Additional penalties.
848.
Continuing criminal enterprise.
849.
Transportation safety offenses.
850.
Information for sentencing.
851.
Proceedings to establish prior convictions.
852.
Application of treaties and other inter-
national agreements.
853.
Criminal forfeitures.
853a.
Transferred.
854.
Investment of illicit drug profits.
855.
Alternative fine.
856.
Maintaining drug-involved premises.
857.
Repealed.
858.
Endangering human life while illegally manu-
facturing controlled substance.
859.
Distribution to persons under age twenty-one.
860.
Distribution or manufacturing in or near
schools and colleges.
860a.
Consecutive sentence for manufacturing or
distributing, or possessing with intent to
manufacture or distribute, methamphet-
amine on premises where children are
present or reside.
861.
Employment or use of persons under 18 years
of age in drug operations.
862.
Denial of Federal benefits to drug traffickers
and possessors.
862a.
Denial of assistance and benefits for certain
drug-related convictions.
862b.
Sanctioning for testing positive for con-
trolled substances.
863.
Drug paraphernalia.
864.
Anhydrous ammonia.
864a.
Grants
to
reduce
production
of
methamphetamines from anhydrous ammo-
nia.
865.
Smuggling
methamphetamine
or
meth-
amphetamine precursor chemica
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 926
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 290dd–2
§ 290dd–2. Confidentiality of records
(a) Requirement
Records of the identity, diagnosis, prognosis,
or treatment of any patient which are main-
tained in connection with the performance of
any program or activity relating to substance
use disorder education, prevention, training,
treatment, rehabilitation, or research, which is
conducted, regulated, or directly or indirectly
assisted by any department or agency of the
United States shall, except as provided in sub-
section (e), be confidential and be disclosed only
for the purposes and under the circumstances
expressly authorized under subsection (b).
(b) Permitted disclosure
(1) Consent
The following shall apply with respect to the
contents of any record referred to in sub-
section (a):
(A) Such contents may be used or disclosed
in accordance with the prior written consent
of the patient with respect to whom such
record is maintained.
(B) Once prior written consent of the pa-
tient has been obtained, such contents may
be used or disclosed by a covered entity,
business associate, or a program subject to
this section for purposes of treatment, pay-
ment, and health care operations as per-
mitted by the HIPAA regulations. Any infor-
mation so disclosed may then be redisclosed
in accordance with the HIPAA regulations.
Section 17935(c) of this title shall apply to
all disclosures pursuant to subsection (b)(1)
of this section.
(C) It shall be permissible for a patient’s
prior written consent to be given once for all
such future uses or disclosures for purposes
of treatment, payment, and health care op-
erations, until such time as the patient re-
vokes such consent in writing.
(D) Section 17935(a) of this title shall apply
to all disc
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 290dd-2
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 290dd-2. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-46-105. Records of and testimony before committees reviewing and evaluating quality of medical or hospital care.
(a)(1)(A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state, having the responsibility for reviewing and evaluating the quality of medical or hospital care, and any records, other than those records described in subsection (c) of this section, compiled or accumulated by the administrative staff of such hospitals or a physician group peer review committee as defined under § 20-9-501 in connection with such review or evaluation, together with all communications or reports originating in such committees, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible in any legal proceeding and shall be absolutely privileged communications.
(B) The submission of such proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege.
(2) Neither shall testimony as to events occurring during the activities of such committees be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible.
(b)(1) Nothing in this section shall be construed to prevent disclosure of the data mentioned in subsection (a) of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-46-105
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 16-46-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-46-109. Proceedings, minutes, records, or reports confidential.
(a)(1) The proceedings, minutes, records, or reports of the quality assurance committees having the responsibility for reviewing and evaluating the quality of medical, nursing, or other care delivered in a long-term care facility, or of professional consultants engaged by long-term care facilities to study quality-of-care issues identified by the committee, and any other records, other than those records described in subsection (c) of this section, compiled or accumulated by the staff of a facility in connection with the review or evaluation, together with all communications or reports originating in the committee are:
(A) Exempt from discovery and disclosure to the same extent that proceedings, minutes, records, or reports of committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(1);
(B) Not admissible in any legal proceeding; and
(C) Absolutely privileged communication.
(2) Testimony as to events occurring during the activities of the committee is:
(A) Exempt from discovery and disclosure to the same extent that testimony before committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(2); and
(B) Not admissible as evidence in any legal proceeding.
(b) This section does not prevent disclosure of the data mentioned in subsection (a) of this section to an appropriate state or federal regulatory agency that by statute, rule, or regulation is entitled to access to the data.
(c)(1) This section does not apply to or affect the discovery or admissibility into evidence in a civil proceeding of the following records:
(A) Records or reports made in the regular course of business by a long-term care facility or other healthcare
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-46-109
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 16-46-109. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-104. Hospital's duty to report physician misconduct.
(a)(1) A hospital licensed by or under the jurisdiction of the State of Arkansas, within sixty (60) days after taking such action as described in this section, shall report in writing to the Arkansas State Medical Board the name of any member of the medical staff or any other physician practicing in the hospital whose hospital privileges have been revoked, limited, or terminated for any cause, including resignation, together with pertinent information relating to the action.
(2) The hospital shall also report any other formal disciplinary action concerning any such physician taken by the hospital upon recommendation of the medical staff relating to professional ethics, medical incompetence, or drug or alcohol abuse.
(b) The filing of a report with the board pursuant to this section, investigation by the board, or any disposition by the board shall not, in and of itself, preclude any action by a hospital or other healthcare facility or professional society comprised primarily of physicians to suspend, restrict, or revoke the privileges or membership of such a physician.
(c) No hospital or employee of a hospital reporting to the board as provided by this section shall be liable in damages to any person for slander, libel, defamation of character, or otherwise because of the report.
(d) Any reports, information, or records received and maintained by the board pursuant to this section, including any such material received or developed by the board during an investigation or hearing, shall be strictly confidential. The board may only disclose any such confidential information:
(1) In a disciplinary hearing before the board or in any subsequent trial or appeal of a board action or order;
(2) To physician
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-104
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 17-95-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-503. Proceeding and records confidential — Exception.
(a)(1) The proceedings and records of a peer review committee shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by the committee.
(2) No person who was in attendance at a meeting of the committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members thereof.
(b)(1) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of the committee.
(2) Nor shall any person who testifies before the committee or who is a member of the committee be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the committee or about opinions formed by him or her as a result of the committee hearings.
(c) The submission of the peer review proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-503
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 20-9-503. This identifies an authority to review, not proof of applicability.