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20-38-101. Definitions.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-38-101
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bd7561952c8223762525e96559c71a1911df7087b66dca2b26a02fcb308d5517
Source location: content.xml paragraph 25419
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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) “National criminal history records check” means a review of criminal history records maintained by the Federal Bureau of Investigation based on fingerprint identification or other positive identification methods;
(6) “Operator” means the person signing the application of a service provider for licensure, exemption from licensure, certification, or any other operating authority;
(7) “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, certification, exemption from licensure, or any other operating authority to be a service provider or for employment with a service provider to provide care;
(8) “Report” means a statement of the criminal history of a service provider, operator, applicant for employment with, or employee of a service provider issued by the Identification Bureau of the Department of Arkansas State Police;
(9) “Service provider” means any of the following:
(A) An Alternative Community Services Waiver Program provider certified by the Division of Developmental Disabilities Services of the Department of Human Services;
(B) A childcare facility as defined by § 20-78-202;
(C) A church-exempt childcare facility as recognized under § 20-78-209;
(D) An early intervention program provider certified by the Division of Developmental Disabilities Services of the Department of Human Services;
(E) A home- and community-based health services provider certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
(F) A home healthcare service under § 20-10-801;
(G) A hospice program under § 20-7-117;
(H) A long-term care facility as defined by § 20-10-702; or
(I) A nonprofit community program as defined by § 20-48-101; and
(10) “State criminal history records check” means a review of state criminal history records conducted by the Identification Bureau of the Department of Arkansas State Police.
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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
20-7-117. 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.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-78-202. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1)(A) “Child Care Appeal Review Panel” or “panel” means an eleven-member body under the Department of Human Services which shall serve as a review and appeal body regarding licensure or registration actions.
(B)(i) The panel shall consist of eleven (11) members, including the following:
(a) Three (3) early childhood professionals;
(b) One (1) pediatric health professional;
(c) One (1) parent of a child in a licensed early childhood program;
(d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and
(e) Five (5) licensed childcare providers representing a diversity of childcare settings.
(ii) Legal counsel from the Office of the Attorney General shall serve as a facilitator of the panel and shall not serve as a voting member.
(iii) Alternates shall be chosen to serve during times of absence or in cases of conflict of interest. Five (5) alternates shall be chosen as follows:
(a) One (1) early childhood professional;
(b) One (1) pediatric health professional;
(c) One (1) parent of a child in a licensed early childhood program; and
(d) Two (2) licensed childcare providers.
(iv) Members of the panel shall not be members of the Arkansas Early Childhood Commission.
(C)(i) The commission, from applications submitted, shall make panel selections from persons meeting the qualifications for service and exhibiting a willingness and time commitment to serve on the panel.
(ii) Panel members may be replaced under the same guidelines as commission members.
(D)(i) Members of the panel shall serve for three-year terms, not to exceed six
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-78-202
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 20-78-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-78-209. License — Religious exception — Definitions.
(a) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., when operating a childcare facility shall be exempt from obtaining a license to operate the childcare facility upon the receipt by the Division of Child Care and Early Childhood Education of written request therefor. A written request shall be made by those churches desiring exemption to the division, which is mandated under the authority of this subchapter to license all childcare facilities.
(b)(1) In order to maintain an exempt status, the childcare facility shall maintain in its files verification that its childcare facility has met the required fire, safety, and health inspections on an annual basis and is in substantial compliance with published standards that similar nonexempt childcare facilities are required to meet.
(2) Visits to review and advise exempt childcare facilities shall be made as deemed necessary by the division to verify and maintain substantial compliance with all published standards for nonexempt childcare facilities.
(3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child is not endangered.
(4) Standards for corporal punishment shall be as established by present rules unless alternative compliance is granted by the division.
(c)(1) Any questions of substantial compliance with the published standards, adverse actions, founded licensing complaints, and denied requests for alternative compliance shall be appealed first through the division's internal appeal process and then may be appealed to the Child Care Appeal Review Panel for determination.
(2) Fina
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-78-209
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 20-78-209. This identifies an authority to review, not proof of applicability.