2010 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 8 - State Health Agencies and Programs
Subchapter 1 - Health Services Permit Agency
§ 20-8-109 - Approval of new projects -- Repeal of Acts 1975, No. 558, 5 -- Transfer of duties.

20-8-109. Approval of new projects -- Repeal of Acts 1975, No. 558, 5 -- Transfer of duties.

(a) All projects requiring approval under the Certificate of Need Program as established by Acts 1975, No. 558, 5 [repealed], except free-standing radiation therapy centers, shall not be instituted or commenced after April 4, 1987, except upon application for and receipt of approval from the Health Services Permit Agency utilizing the same criteria and procedures in existence prior to April 4, 1987.

(b) As used in this section, "commence construction" means the approval of project financing or the actual movement onto the site of building materials and equipment by the principal contractor.

(c) Two hundred ten (210) days after April 4, 1987, Acts 1975, No. 558, 5, as amended, is repealed. On and after the two hundred eleventh day following April 4, 1987, all projects requiring approval under 20-8-107 shall not be instituted or commenced except upon application for and receipt of a permit of approval as set forth in this subchapter, and, during this period of time, all duties and responsibilities of the State Health Planning and Development Agency and the Statewide Health Coordinating Council are transferred to the Health Services Permit Agency established under this subchapter. Any project not requiring approval under this subchapter, even though covered under Acts 1975, No. 558, 5 [repealed], may be commenced after April 4, 1987.

(d) The agency shall process all applications or certificates of need for intermediate care facilities for the mentally retarded with fifteen (15) or fewer beds which were pending on April 4, 1987, and shall for a period of thirty (30) days after April 4, 1987, accept additional applications for such facilities. The applications shall be processed utilizing the criteria and procedures in existence prior to April 4, 1987, and in addition the agency shall consider as a primary factor the experience of each applicant in serving the developmentally disabled population.