(1) Each assisted living facility in the State of Arkansas shall first obtain a license to operate from the Department of Human Services.
(2) The department shall promulgate rules for the licensure and operation of assisted living facilities.
(3) Any person establishing, conducting, managing, or operating an assisted living facility within the meaning of this subchapter or using the term “assisted living” to promote the facility's services without first having obtained an assisted living license shall be guilty of a Class A misdemeanor and upon conviction shall be subject to the penalties prescribed for a Class A misdemeanor. However, residential care facilities licensed or holding a permit of approval as of April 2, 2001, may use the term “assisted living” to promote their services.
(4) Each day that an assisted living facility shall operate after a first conviction shall be considered a Class D felony, and the person establishing, conducting, managing, or operating an assisted living facility upon conviction shall be subject to the penalties prescribed for a Class D felony.