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20-33-213. Criminal history and registry records checks required — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-33-213. Criminal history and registry records checks required — Definitions.
(a) As used in this section:
(1) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in § 20-38-101; and
(2) “Service provider” means any of the following:
(A) A home- and community-based health services provider certified by the Department of Human Services;
(B) A home healthcare services agency as defined by § 20-10-801;
(C) A hospice program as defined by § 20-7-117; or
(D) A long-term care facility as defined by § 20-10-702.
(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(c)(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(2)(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 — 20-33-212 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 — 20-33-212 [repealed].
(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records che
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-33-213
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:20-33-213
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 815cd7f2ec7e3d5d510f1753601fce2f6b55a5cd6c1442c4cee7b86dfaec0b90
Source location: content.xml paragraph 25257
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20-33-213. Criminal history and registry records checks required — Definitions.
(a) As used in this section:
(1) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in § 20-38-101; and
(2) “Service provider” means any of the following:
(A) A home- and community-based health services provider certified by the Department of Human Services;
(B) A home healthcare services agency as defined by § 20-10-801;
(C) A hospice program as defined by § 20-7-117; or
(D) A long-term care facility as defined by § 20-10-702.
(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(c)(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(2)(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 — 20-33-212 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 — 20-33-212 [repealed].
(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(d)(1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(2)(A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 — 20-33-212 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 — 20-33-212 [repealed].
(B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(e) The department shall establish by rule requirements for registry records checks for:
(1) An applicant for licensure or certification of a service provider;
(2) An applicant for employment with a service provider; and
(3) An employee of a service provider.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-702. Definitions.
As used in this subchapter:
(1) “Long-term care facility” means a nursing home, a residential care facility, an assisted living facility, an adult day-care facility, or any other facility which provides long-term medical or personal care; and
(2) “Primary instructor” means a registered nurse who:
(A)(i) Is licensed in this state; or
(ii) Holds a multistate privilege to practice if the registered nurse moves from a state that has joined the Interstate Nurse Licensure Compact, § 17-87-601 et seq., to Arkansas and meets all requirements for licensure in Arkansas;
(B) Does not have any disciplinary action regarding his or her license by the licensing entity or authority; and
(C)(i) Possesses a minimum of two (2) years' general nursing experience as a registered nurse including at least one (1) year of long-term care nursing services in a nursing facility setting within the last five (5) years.
(ii) As used in this section, “general nursing experience” may include without limitation employment in a nursing assistant education program or employment in or supervision of nursing students in a nursing facility or unit, geriatrics department excluding a geriatric psychiatry department, long-term acute care hospital, home healthcare, hospice care, or other long-term care setting.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-702
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 20-10-702. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-801. Definitions.
As used in this subchapter:
(1) “Agency” means any person, partnership, association, corporation, or other organization, whether public or private, proprietary or nonprofit;
(2) “Class A license” means that the applicant is at the time of filing an application a Medicare-certified home health agency. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services;
(3) “Class B license” means that the application shall show proof of the services provided and the geographical territory in which those services have been provided as of July 20, 1987, and that the applicant shall have requested a survey for the purpose of confirming the services provided and territory covered;
(4) “Division” means the Division of Health Facilities Services;
(5) “Home healthcare services” means the providing or coordinating of acute, restorative, rehabilitative, maintenance, preventive, or health promotion services through professional nursing or by other therapeutic services such as physical therapy, occupational therapy, speech therapy, home health aide, or personal services in a client's residence;
(6) “Home healthcare services agency” means an agency licensed to provide home healthcare services;
(7) “Place of business” means any office of a home health agency including subunits;
(8) “Residence” means a place where a person resides, including a home, nursing home, or convalescent home for the disabled or aged; and
(9) “Subunit” means an organization of an agency that provides home healthcare services and which serves patients in a geographic area different from that of the agency.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-801
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 20-10-801. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-38-101. Definitions.
As used in this chapter:
(1) “Care” means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly;
(2) “Determination” means the determination made by the licensing or certifying agency that a service provider, operator, applicant for employment with, or employee of a service provider is or is not disqualified from licensure, exemption from licensure, certification, any other operating authority, or employment based on the criminal history of the service provider, operator, applicant, or employee;
(3)(A) “Employee” means any person who:
(i) Has unsupervised access to clients of a service provider, except as provided in subdivision (3)(B) of this section; and
(ii) Meets any of the following criteria:
(a) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider;
(b) Is employed by a service provider to provide care to clients of the service provider;
(c) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or
(d) Resides in an alternative living home in which services are provided to individuals with developmental disabilities.
(B) “Employee” does not include a person who:
(i) Is a family member of a client receiving care from a service provider;
(ii) Is a volunteer; or
(iii) Works in an administrative capacity and does not have unsupervised access to clients of a service provider;
(4) “Licensing or certifying agency” means the state agency charged with licensing, exempting from licensure, certifying, or granting other operating authority to a service provider;
(5) “Na
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-38-101
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 20-38-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-7-117. Hospices — Definition — State Hospice Office — Creation.
(a) There is created within the Department of Health a State Hospice Office to be administered in a division of the department to be designated by the Secretary of the Department of Health.
(b)(1) The office shall:
(A) Coordinate the care of terminally ill persons with all existing agencies, programs, and facilities;
(B) Implement rules, regulations, and standards for hospice care in general agreement with guidelines of the National Hospice and Palliative Care Organization and the Hospice and Palliative Care Association of Arkansas, Inc. and in compliance with the Centers for Medicare & Medicaid Services;
(C) Provide technical assistance and information to developing hospices;
(D) Maintain a central storehouse of information and reference materials relating to the hospice concept and disseminate this to programs and individuals on request in an equitable manner and accept and respond to inquiries relating to hospice; and
(E) Assist the Arkansas State Hospice Association in developing the hospice concept in this state and networking hospice programs with existing medical communities and human service facilities.
(2) All functions and duties of the office shall be carried out in accordance with the laws of Arkansas and the rules of the Health Services Permit Agency, the Health Services Permit Commission, and the Centers for Medicare & Medicaid Services.
(c)(1) The rules and requirements of the Health Services Permit Agency and the commission shall be revised to include separate permit-of-approval categories of healthcare facilities entitled “hospice facilities” and “hospice agencies” and to develop criteria for granting the permits of approval for hospice facilities and for hospice agenci
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-7-117
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. The source passage cites 20-7-117. This identifies an authority to review, not proof of applicability.