§ 19-12-113 - Establishment and administration of prevention and cessation programs.
               	 		
19-12-113.    Establishment and administration of prevention and cessation programs.
    (a)  It  is the intent of this chapter that the Department of Health should  establish the Tobacco Prevention and Cessation Program described in this  section, and to administer such programs in accordance with law. The  program described in this section shall be administered pursuant to a  strategic plan encompassing the elements of a mission statement, defined  program(s), and program goals with measurable objectives and strategies  to be implemented over a specific timeframe. Evaluation of each program  shall include performance based measures for accountability which will  measure specific health related results.
(b)  The  Department of Health shall be responsible for developing, integrating,  and monitoring tobacco prevention and cessation programs funded under  this chapter and shall provide administrative oversight and management,  including, but not limited to implementing performance based measures.  The Department of Health shall have authority to award grants and  allocate money appropriated to implement the tobacco prevention and  cessation program mandated under this chapter. The Department of Health  may contract with those entities necessary to fully implement the  tobacco prevention and cessation initiatives mandated under this  chapter. Within thirty (30) days of receipt of moneys into the  Prevention and Cessation Program Account, fifteen percent (15%) of those  moneys shall be deposited into a special account within the prevention  and cessation account at the Department of Health to be expended for  tobacco prevention and cessation in minority communities as directed by  the Director of the Department of Health in consultation with the  Chancellor of the University of Arkansas at Pine Bluff, the President of  the Arkansas Medical, Dental and Pharmaceutical Association, and the  League of United Latin American Citizens.
(c)  The  Tobacco Prevention and Cessation Program shall be comprised of  components approved by the State Board of Health. The program components  selected by the board shall include:
      (1)  community prevention programs that reduce youth tobacco use;
      (2)  local  school programs for education and prevention in grades kindergarten  through twelve (K-12) that should include school nurses, where  appropriate;
      (3)  enforcement of youth tobacco control laws;
      (4)  state-wide programs with youth involvement to increase local coalition activities;
      (5)  tobacco cessation programs;
      (6)  tobacco-related disease prevention programs;
      (7)  a comprehensive public awareness and health promotion campaign;
      (8)  grants and contracts funded pursuant to this chapter for monitoring and evaluation, as well as data gathering; and
      (9)  other programs as deemed necessary by the board.
(d)  There  is hereby created an Advisory Committee to the State Board of Health,  to be known as the "Tobacco Prevention and Cessation Advisory  Committee". It shall be the duty and responsibility of the Committee to  advise and assist the board in carrying out the provisions of this  chapter. The Advisory Committee's authority shall be limited to an  advisory function to the board. The Advisory Committee may, in  consultation with the Department of Health, make recommendations to the  board on the strategic plans for the prevention, cessation, and  awareness elements of the comprehensive Tobacco Prevention and Cessation  Program. The Advisory Committee may also make recommendations to the  board on the strategic vision and guiding principles of the Tobacco  Prevention and Cessation Program.
(e)  The Advisory Committee shall be governed as follows:
      (1)  The  Advisory Committee shall consist of eighteen (18) members; one (1)  member to be appointed by the President Pro Tempore of the Senate and  one (1) member to be appointed by the Speaker of the House of  Representatives, and sixteen (16) members to be appointed by the  Governor. The Committee members appointed by the Governor shall be  selected from a list of at least three (3) names submitted by each of  the following designated groups to the Governor, and shall consist of  the following: one (1) member appointed to represent the Arkansas  Medical Society; one (1) member shall represent the Arkansas Hospital  Association; one (1) member shall represent the American Cancer Society;  one (1) member shall represent the American Heart Association; one (1)  member shall represent the American Lung Association; one (1) member  shall represent the Coalition for a Tobacco-Free Arkansas; one (1)  member shall represent Arkansans for Drug Free Youth; one (1) member  shall represent the Department of Education; one (1) member shall  represent the Arkansas Minority Health Commission; one (1) member shall  represent the Arkansas Center for Health Improvement; one (1) member  shall represent the Arkansas Association of Area Agencies on Aging; one  (1) member shall represent the Arkansas Nurses Association; one (1)  member shall represent the Arkansas Cooperative Extension Service, one  (1) member shall represent the University of Arkansas at Pine Bluff; one  member shall represent the League of United Latin American Citizens;  and one (1) member shall represent the Arkansas Medical, Dental and  Pharmaceutical Association. The Executive Committee of Arkansas Students  Working Against Tobacco shall serve as youth advisors to this Advisory  Committee. All members of this committee shall be residents of the State  of Arkansas.
      (2)  The Advisory  Committee will initially have four (4) members who will serve one (1)  year terms; four (4) members who will serve two (2) year terms; five (5)  members who will serve three (3) year terms; and five (5) members who  will serve four (4) years. Members of the Advisory Committee shall draw  lots to determine the length of the initial term. Subsequently appointed  members shall be appointed for four (4) year terms and no member can  serve more than two (2) consecutive full four (4) year terms. The terms  shall commence on October 1st of each year.
      (3)  Members  of the Advisory Committee shall not be entitled to compensation for  their services, but may receive expense reimbursement in accordance with     25-16-902, to be paid from funds appropriated for this program to the  Department of Health.
      (4)  Members  appointed to the Advisory Committee and the organizations they  represent shall make full disclosure of the member's participation on  the Committee when applying for any grant or contract funded by this  chapter.
      (5)  All members  appointed to the Advisory Committee shall make full and public  disclosure of any past or present association to the tobacco industry.
      (6)  The  Advisory Committee shall, within ninety (90) days of appointment, hold a  meeting and elect from its membership a chair for a term set by the  Advisory Committee. The Advisory Committee shall adopt bylaws.
      (7)  The  Advisory Committee shall meet at least quarterly, however, special  meetings may be called at any time at the pleasure of the State Board of  Health or pursuant to the bylaws adopted by the Advisory Committee.
(f)  The  board is authorized to review the recommendations of the Advisory  Committee. The board shall adopt and promulgate rules, standards and  guidelines as necessary to implement the program in consultation with  the Department of Health.
(g)  The  Department of Health in implementing this Program shall establish such  performance based accountability procedures and requirements as are  consistent with law.
(h)  Each of the  programs adopted pursuant to this chapter shall be subject to the  monitoring and evaluation procedures described in    19-12-118.