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20-16-607. In custody or guardianship of state.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-607. In custody or guardianship of state.
(a) A state agency shall not:
(1) Consent to or approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state; or
(2) Authorize the expenditure of state funds for the purpose of paying for the termination of a pregnancy for a pregnant woman in the custody of the state except to save the life of the pregnant woman, or as required by federal law.
(b) A pregnant woman in the custody or guardianship of the state, her family, or a third-party payer is responsible for all costs, including transportation costs, associated with a medical appointment, or any subsequent healthcare service determined necessary, related to the termination of her pregnancy, except as required by federal law.
(c) A state agency may be involved in a court proceeding related to the consideration by the court of whether to approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state.
(d) A state agency under this section shall report annually to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor the number of any terminations of pregnancies that occurred for women in the custody or guardianship of the state agency.
(e)(1) A state agency under this section shall promulgate rules necessary to implement this section.
(2)(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):
(i) On or before January 1, 2020; or
(ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.
(B) A state agency shall file the proposed rule with t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-607
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:20-16-607
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 91de136a7ef67af991763690ccabbb6516b757275ab18b0a31f97aa1c96507f8
Source location: content.xml paragraph 12892
Stored source content
20-16-607. In custody or guardianship of state.
(a) A state agency shall not:
(1) Consent to or approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state; or
(2) Authorize the expenditure of state funds for the purpose of paying for the termination of a pregnancy for a pregnant woman in the custody of the state except to save the life of the pregnant woman, or as required by federal law.
(b) A pregnant woman in the custody or guardianship of the state, her family, or a third-party payer is responsible for all costs, including transportation costs, associated with a medical appointment, or any subsequent healthcare service determined necessary, related to the termination of her pregnancy, except as required by federal law.
(c) A state agency may be involved in a court proceeding related to the consideration by the court of whether to approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state.
(d) A state agency under this section shall report annually to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor the number of any terminations of pregnancies that occurred for women in the custody or guardianship of the state agency.
(e)(1) A state agency under this section shall promulgate rules necessary to implement this section.
(2)(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):
(i) On or before January 1, 2020; or
(ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.
(B) A state agency shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.
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Arkansas Code — all titles (historical 2020) · legal_authorities
10-3-309. Review and approval of state agency rules — Definitions.
(a)(1)(A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules.
(B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent.
(2) It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies.
(b) As used in this section:
(1)(A) “Rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule.
(B) “Rule” does not mean:
(i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public;
(ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling;
(iii) Intraagency memoranda; or
(iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare and Medicaid Services, including without limitation:
(a) Current Procedural Terminology codes;
(b) Healthcare Common Pro
Source: Arkansas Code — historical release 78 (November 6, 2020) · 10-3-309
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 10-3-309. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-204. Rules — Procedure for adoption.
(a) Prior to the adoption, amendment, or repeal of a rule, the agency shall:
(1)(A)(i) Give at least thirty (30) days' notice of its intended action.
(ii) The thirty-day period shall begin on the first day of the publication of notice.
(B) The notice shall include:
(i) A statement of the terms or substance of the intended action or a description of the subjects and issues involved; and
(ii) The time, location, and manner in which an interested person may present his or her position on the intended action of the agency or on the issues related to the intended action of the agency.
(C) The notice shall be mailed to:
(i) A person specified by law; and
(ii) A person who has requested advance notice of rulemaking proceedings.
(D) Unless otherwise provided by law, the notice shall be published:
(i) In a newspaper of general daily circulation for three (3) consecutive days and, when appropriate, in those trade, industry, or professional publications that the agency may select.
(ii) By the Secretary of State on the internet for thirty (30) days under § 25-15-218.
(E)(i) If enacted legislation requires or results in more than one (1) agency adopting, amending, or repealing rules on a similar subject matter, the agencies may publish a combined notice for all rules.
(ii) The combined notice shall:
(a) Include:
(1) The names of all agencies involved in the collective filing; and
(2) The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and
(b) Meet the requirements of subdivisions (a)(1)(C) and (D) of this section;
(2)(A) Afford all interested persons reasonable o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-204
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 25-15-204. This identifies an authority to review, not proof of applicability.