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20-10-104. Photographing prohibited — Exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-104. Photographing prohibited — Exceptions.
(a) Except as provided in subsection (d) or subsection (e) of this section, a resident of a long-term care facility in this state shall not be photographed without obtaining prior written consent from the resident or, in cases of incapacity, from the guardian or legal representative of the resident.
(b)(1) When an employee or agent of a long-term care facility photographs a resident under conditions in which consent is required, the evidence of the consent shall be maintained in the file of the resident at the long-term care facility.
(2) The consent described in subdivision (b)(1) of this section shall be continuously effective unless the consent is rescinded in writing by the resident or the guardian or legal representative of the resident.
(c) Failure to obtain consent before photographing a resident in a long-term care facility shall be a Class B misdemeanor.
(d) This section does not prevent:
(1) A person licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., from photographing a patient for purposes of medical treatment;
(2) A person licensed by the Arkansas State Board of Nursing from photographing a patient for purposes of medical treatment;
(3) Facility staff or agents from photographing a resident of a long-term care facility on social occasions; or
(4) The taking of a photograph by security cameras or other devices for the safety or security of residents.
(e)(1) The photographing of residents is permitted without written consent from the resident or the guardian or legal representative of the resident when the photographing is in connection with a survey or investigation made by the Department of Human Services, the Office of th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-104
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-10-104
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: be1618ad389782f583a2a045a6669aafbb3e60081a250568119a82433695afbe
Source location: content.xml paragraph 5110
Stored source content
20-10-104. Photographing prohibited — Exceptions.
(a) Except as provided in subsection (d) or subsection (e) of this section, a resident of a long-term care facility in this state shall not be photographed without obtaining prior written consent from the resident or, in cases of incapacity, from the guardian or legal representative of the resident.
(b)(1) When an employee or agent of a long-term care facility photographs a resident under conditions in which consent is required, the evidence of the consent shall be maintained in the file of the resident at the long-term care facility.
(2) The consent described in subdivision (b)(1) of this section shall be continuously effective unless the consent is rescinded in writing by the resident or the guardian or legal representative of the resident.
(c) Failure to obtain consent before photographing a resident in a long-term care facility shall be a Class B misdemeanor.
(d) This section does not prevent:
(1) A person licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., from photographing a patient for purposes of medical treatment;
(2) A person licensed by the Arkansas State Board of Nursing from photographing a patient for purposes of medical treatment;
(3) Facility staff or agents from photographing a resident of a long-term care facility on social occasions; or
(4) The taking of a photograph by security cameras or other devices for the safety or security of residents.
(e)(1) The photographing of residents is permitted without written consent from the resident or the guardian or legal representative of the resident when the photographing is in connection with a survey or investigation made by the Department of Human Services, the Office of the Attorney General, or the United States Department of Health and Human Services, or any agent of the listed entities while in the course of:
(A) Licensure inspections;
(B) Medicaid certification;
(C) A complaint investigation; or
(D) An investigation of allegations of abuse or neglect of residents or misappropriation of residents' property.
(2) Under the circumstances listed in subdivision (e)(1) of this section, the photographs shall be used only for evidentiary purposes concerning the alleged violations and shall not be released to the media or to the public but shall be made available to the facility if utilized to impose a remedy or to set forth a statement of deficiency.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-201. Short title.
Sections 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall be known as the “Arkansas Medical Practices Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-201
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 17-95-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-301. Creation — Members.
(a) There is created the Arkansas State Medical Board.
(b)(1)(A) The board shall consist of fourteen (14) members appointed by the Governor for terms of six (6) years.
(B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board.
(2)(A)(i) Ten (10) members shall be duly qualified, licensed, and active medical practitioners and appointed by the Governor after consulting the Arkansas Medical Society, Inc., and subject to confirmation by the Senate.
(ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts.
(iii) Two (2) members shall be appointed at large.
(B) Congressional district representation required under this subdivision (b)(2) shall be achieved by appointment as vacancies occur.
(3) One (1) member shall be a licensed practicing physician in this state and shall be appointed by the Governor after consulting the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and subject to confirmation by the Senate.
(4) Two (2) members of the board shall not be actively engaged in or retired from the practice of medicine. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.
(5) One (1) member shall be a duly qualified, licensed, and practicing osteopathic physician and appointed after consulting the Arkansas Osteopathic Medical Association and subject
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-301
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 17-95-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-401. License required.
If any person who does not possess a valid license to practice medicine within this state and who is not exempted from the licensing requirements does any of the acts constituting the practice of medicine, he or she shall be deemed to be practicing medicine without complying with the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-401
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 17-95-401. This identifies an authority to review, not proof of applicability.