Ark. Code Ann. § 20-9-201 (2026)

As used in this subchapter:

1. “Administrator” means the chief administrative officer in the Division of Health Facilities Services;
2. “Alcohol and drug abuse inpatient treatment center” means a distinct unit within a hospital facility in which services are provided for the diagnosis, treatment, and rehabilitation of alcohol and drug abuse;
3. “Federal act” means the Hospital Survey and Construction Act, Pub. L. No. 79-725;
4. 1. “Hospital” means a public health center, a general, tuberculosis, mental, or chronic disease hospital, or a related facility such as a laboratory, outpatient department, nurses home or training facility, or a central service facility operated in connection with a hospital.
   2. “Hospital” does not include an establishment:
      1. Furnishing primarily domiciliary care; or
      2. Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;
5. 1. “Institution” means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor, suffering from illness, injury, or deformity, or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.
   2. “Institution” also includes an outpatient surgery center, outpatient psychiatric center, and infirmary.
   3. “Institution” does not include an establishment:
      1. Operated by the United States Government or by any of its agencies; or
      2. Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;
6. “Medical facility” means a diagnostic or diagnostic and treatment center, or rehabilitation facility, as these terms are defined in the federal act, and any other medical facility for which federal aid may be authorized under federal law;
7. “Nonprofit hospital” or “nonprofit medical facility” means a hospital or medical facility owned and operated by one (1) or more persons or a corporation or association, no part of the net earnings of which inures to the benefit of any shareholder or individual;
8. 1. “Outpatient psychiatric center” means a facility in which psychiatric services are offered for a period of eight (8) to sixteen (16) hours a day, and where, in the opinion of the attending psychiatrist, hospitalization, as defined in the present licensure law, is not necessary.
   2. “Outpatient psychiatric center” does not include community mental health clinics and centers as they now exist;
9. 1. “Outpatient surgery center” means a facility in which surgical services are offered that require the use of general or intravenous anesthetics and where, in the opinion of the attending physician, hospitalization, as defined in the present licensure law, is not necessary.
   2. “Outpatient surgery center” does not include:
      1. A medical office owned and operated by a physician or more than one (1) physician licensed by the Arkansas State Medical Board, if the medical office does not bill facility fees to a third party payor; or
      2. A dental office that has a Facility Permit for Moderate Sedation or a Facility Permit for General/Deep Sedation issued by the Arkansas State Board of Dental Examiners;
10. “Public health center” means a publicly owned facility for the provision of public health services and includes related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers;
11. 1. “Recuperation center” means an establishment with permanent facilities that include inpatient beds, with an organized medical staff, and with medical services including physicians' services and continuous nursing services to provide treatment for patients who are not in an acute phase of illness but who currently require primarily convalescent or restorative service that is usually post-acute hospital care of relatively short duration.
    2. “Recuperation center” does not include an establishment furnishing primarily domiciliary care; and
12. “Surgeon General” means the United States Surgeon General.

History. Acts 1961, No. 414, § 2; 1971, No. 258, § 1; 1975, No. 190, §§ 1, 2; 1977, No. 536, §§ 1, 2; 1985, No. 980, §§ 1, 2; A.S.A. 1947, § 82-328; Acts 1987, No. 143, § 1; 2011, No. 834, § 1; 2013, No. 587, § 3; 2013, No. 1107, § 18; 2017, No. 913, §§ 54, 55.

Amendments. The 2011 amendment substituted “Department of Health” for “Division of Health of the Department of Health and Human Services” in (1); inserted “a distinct unit within a hospital” in present (2); deleted former (2)(B), (3), (4), and (10)(B); added present (4)(B)(ii), (5)(C)(ii), and (8); and redesignated the remaining subdivisions accordingly.

The 2013 amendment by No. 587 redesignated former (9) as (9)(A); deleted “other than minor dental surgery” following “surgical services” in (9)(A); and added (9)(B).

The 2013 amendment by No. 1107 substituted “Division of Behavioral Health Services” for “Office of Alcohol and Drug Abuse Prevention of the Division of Behavioral Health” in (4)(B)(ii) and (5)(C)(ii).

The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services” for “Division of Behavioral Health Services” in (4)(B)(ii) and (5)(C)(ii).

U.S. Code. The Hospital Survey and Construction Act, Pub. L. No. 79-725, referred to in this section has, for the most part, been eliminated from the United States Code. For remaining provisions, see 48 U.S.C. § 1666 and 42 U.S.C. § 291.