Arkansas: State-by-State COVID-19 Guidance

Please note: As of April 15, 2021 we are no longer doing regularly scheduled updates to this page.

April 1, 2021:

On March 30, 2021, Governor Hutchinson announced that the statewide mask mandate would be lifted. Businesses may still require customers to wear face coverings. The Governor also announced that COVID-19 vaccines are now eligible to all Arkansans aged 16 and older.

March 29, 2021:

On March 29, 2021, the Arkansas Legislative Council approved Governor Hutchinson’s request for a 60-day extension of the disaster and public health emergency, issued and renewed most recently in Executive Order 21-03. The Council also approved the extension of five executive orders that otherwise would have expired:

• EO 20-05, regarding telehealth;
• EO 20-14, regarding suspension of in-person witnessing and notarization of legal documents;
• EO 20-52, regarding access to healthcare resources and immunity for healthcare workers;
• EO 20-33, regarding the protection of businesses from liability related to COVID-19; and
• EO 21-06, extending the state income tax filing date to May 17, 2021.

March 22, 2021:

On March 19, 2021, Governor Hutchinson signed Executive Order 21-06. Pursuant to the most recent declaration of a public health emergency in Order 21-03, the Order extends the state individual tax filing deadline to align with the extension granted by the federal government. Specifically, the Order does the following:

• Waives provisions of the Arkansas Code that require a written request for an extension to file an individual income tax return for the duration of the public health emergency;
• Waives provisions of the Arkansas Code that require the promulgation of rules to waive the requirement of written requests for extensions for the duration of the public health emergency; and
• Orders the Secretary of the Department of Finance and Education to extend the 2020 filing date from April 15 to May 17.

The extension includes 2020 returns of Subchapter S Corporations, fiduciaries and estates, partnerships, and composite returns.

March 18, 2021:

Governor Hutchinson and the Arkansas Department of Health have expanded eligibility for the COVID-19 vaccine to Phase 1-C. Included in this phase are:

• Arkansans aged 16-64 with health conditions that increase their risk for severe COVID-19;
• Essential workers in the following industries:
  • Energy
  • Finance
  • Food service
  • Information technology and communications
  • Legal
  • Media
  • Public health/human services
  • Public safety
  • Shelter and housing
  • Transportation and logistics; and
• People residing in high-risk settings, including those who are incarcerated or detained, living in group homes or congregate settings, or living in student housing.

March 8, 2021:

On March 8, 2021, Governor Hutchinson announced that the Arkansas Department of Health has opened vaccinations to all remaining categories in Phase 1B. The following Arkansans are now eligible:

• Essential government workers;
• Those with intellectual and developmental disabilities;
• Employees of the Department of Corrections;
• Grocery store and meal delivery service employees;
• Houses of worship workers;
• Manufacturing workers;
• Postal/package delivery service workers; and
• Public transportation workers.

People 65 and older, educators, and some segments of the food and agriculture industry are already eligible for the vaccine.

March 1, 2021:

On February 26, 2021, Governor Hutchinson signed Executive Order 21-03, which renews the Disaster and Public Health Emergency first declared in March of 2020. The Emergency will expire on March 31, 2021. Most importantly, the Order immediately converts all orders not explicitly renewed into public health guidance only. Requirements for businesses and gatherings, for example, are converted to public health guidance. However, because the directive regarding protection of businesses from liability related to COVID-19 remains in effect via EO 20-33, businesses still must comply with all public health guidance to be afforded liability protection.

The Order explicitly renews several previous Orders including:

• Executive Order 20-05 regarding telehealth;
• Executive Order 20-06 (extended by Order 20-16) regarding the suspension of rules and statutes by state agencies;
• Executive Order 20-14 regarding the in-person witnessing and notarization of legal documents;
• Executive Order 20-15 regarding suspension of prohibitions for banks and corporations to hold shareholder meetings solely or partially by remote communication;
• Executive Orders 20-18 and 20-52 regarding access to healthcare resources;
• Executive Orders 20-22 and 20-35 regarding Workers’ Compensation protections; and
• Executive Order 20-33 regarding the protection of businesses from liability related to COVID-19.

The state’s face mask mandate will remain in place until March 31, 2021. After March 31, 2021, the Governor and Secretary of Health may determine whether the face mask directive should be converted into a public health guideline only based on the data available at that time.

February 24, 2021:

On February 23, 2021, the Arkansas House passed two bills related to the impact of federal COVID-19 relief on taxes in the state. Separately, the Arkansas Senate passed a bill related to tax exemptions and unemployment benefits.

• HB 1361 excludes certain federal aid from the state’s definition of income, such as loans given under the Paycheck Protection Program (PPP), Small Business Association grants under the Economic Injury Disaster Loan Program, and payments received under the Coronavirus Food Assistance Program. The bill has been referred to a Senate committee, and if advanced, will be voted on by the Senate.
• HB 1049 would allow recipients of unemployment benefits to authorize the state to withhold income taxes from those benefits, possibly beginning in 2022. The bill has been referred to a Senate committee, and if advanced, will be voted on by the Senate.
• SB 236 would exempt federal and state unemployment benefits from state income taxes in 2020 and 2021. The bill still needs to be considered by a House committee and, if advanced, voted on by the House.

January 27, 2021:

Arkansas is vaccinating people in Phase 1-A and Phase 1-B. Arkansans who are aged 70 or older and those who work in education (K-12, child care, and higher education) became eligible to receive the vaccine beginning on January 18, 2021. Walgreens, as well as local pharmacies throughout the state, will have doses available. Local units of the Arkansas Department of Health are also administering the vaccine to those who are eligible.

January 20, 2021:

Arkansas has progressed into the first tier of Phase 1-B of its coronavirus vaccination distribution. This tier of Phase 1-B includes: those aged 70+ and education workers (including K-12, childcare, and higher education). The next tier in Phase 1-B includes food/agricultural workers, first responders, correctional staff, manufacturing workers, grocery store workers, public transit workers, U.S. Postal Service workers, and essential government/community workers. Vaccinations for Phase 1-A are continuing.

January 6, 2021:

Arkansas is currently in Phase 1-A of its COVID-19 Vaccine Distribution Plan. Vaccinations for those in Phase 1-B estimated to begin in February, and Phase 1-C estimated to begin in April.

• Phase 1-A: Healthcare workers, long-term care residents and staff, EMS, fire and law enforcement who serve as first responders, other high priority groups. Hospitals are vaccinating their own workers, pharmacies are vaccinating long-term care residents/staff, and community-based pharmacies are vaccinating others.

• Phase 1-B: People aged 70 years and older; teachers and school staff; food/agricultural workers; firefighters and police not in Phase 1-A; manufacturing workers; grocery store workers; public transit workers; childcare workers; U.S. Postal Service workers; essential government workers.

• Phase 1-C: People aged 65-69 years; people who are 16-64 with high-risk medical conditions; essential workers.

“Essential workers” in Phase 1-C include people who work in the following sectors:

• Transportation and logistics
• Water and wastewater
• Food service
• Shelter and housing
• Public safety
• Finance
• IT and communications
• Energy
• Media
• Public health workers

January 5, 2021:

The Arkansas Department of Health issued two recent directives regarding indoor venues and hours of operation for locations permitted by the Alcoholic Beverage Control.

Indoor venues: The following requirements must be observed by indoor venues, such as auditoriums, lecture halls, movie theaters, museums, sports venues, arenas:

• If more than 10 people are in attendance, the venue must submit a plan which must be approved by the Secretary of Health;
• Any performers/players/contestants must be separated from the audience by at least 12 feet;
• Lines or queues must be marked for maintaining a distance of six feet between people;
• Seating must be arranged to maintain six feet between groups;
• Face coverings are required for all present except children under 10 years of age;
• Signs regarding symptoms and at-risk populations of COVID-19 must be posted;
• Hand sanitizer must be provided at all entrances and exits;
• Refreshments can be served, and catered events are allowed with caterer-served buffets or plated meals;
• The facility must be disinfected before and after each use;
• Venues are subject to Department of Health inspection; and
• Venues may allow up to 66% capacity for the facility with an approved plan.

Alcoholic Beverage Control: Locations that are permitted by the Alcoholic Beverage Control to serve alcoholic beverages must close by 11:00 p.m.

December 30, 2020:

Governor Hutchinson signed Executive Order 20-53 on December 29, 2020, which renewed the declaration of the Disaster and Public Health Emergency due to COVID-19. The following orders were adopted and renewed under EO 20-53:

• Executive Order 20-05, regarding telehealth;
• Executive Order 20-06 (extended by 20-16) regarding the suspension of rules and statutes by state agencies;
• Executive Order 20-14, regarding the suspension of in-person witnessing and notarization of legal documents;
• Executive Order 20-15, regarding suspension of prohibitions for banks and corporations to hold shareholder meetings by remote communication;
• Executive Order 20-18 and 20-52, regarding access to healthcare resources;
• Executive Order 20-22 and 20-35, regarding Workers’ Compensation protections;
• Executive Order 20-33, regarding the protection of businesses from liability related to COVID-19; and
• Executive Order 20-43, regarding the issuance of a face covering directive by the Arkansas Department of Health.

The new Order and all orders incorporated therein are effective for 60 days beginning on December 30, 2020.

December 29, 2020:

Governor Hutchinson signed Executive Order 20-54, which clarifies Arkansas Unemployment Insurance Law in light of COVID-19. The Order went into effect on December 29, 2020 and will remain in effect until February 27, 2021. The intent of the order is to suspend the method by which unemployment contribution rates and reimbursement amounts are calculated under Arkansas law during the COVID-19 public health emergency.

• The Order states that the Division of Workforce Services, in computing an employer’s reserve ratio as of June 30, 2020, the only regular benefits to be included are those from July 1, 2019 through March 31, 2020. Chargeable regular benefits from April 1, 2020 through June 30, 2020 are excluded.

• In computing the reimbursement amount for nonprofit organizations and government employing units as of December 31, 2020 regular Arkansas law regarding the same is suspended. The Division of Workforce Services shall only include chargeable regular benefits from January 1, 2020 through March 31, 2020 and from July 1, 2020 through December 31, 2020. Chargeable regular from April 1, 2020 through June 30, 2020 shall be excluded.

December 22, 2020:

Governor Hutchinson signed Executive Order 20-52 on December 21, which was effective on the same day. The new Order requests and authorizes healthcare providers to provide services to treat COVID-19 and declares such entities as “Emergency Responders” during the COVID-19 health emergency.

• The Order furthermore requests healthcare providers to perform healthcare services directed at the prevention, treatment, mitigation, or cure of the virus and to perform other emergency functions within the scope of their licensure, such as: triage, diagnostic testing, and treatment of individuals with known COVID-19; cancelling or postponing elective procedures; redeploying or cross training staff; planning or enacting contingency standards and/or crisis standards of care measures; and reducing recordkeeping requirements to the extent necessary to perform necessary tasks to respond to COVID-19.
• It also grants civil immunity to healthcare providers, or “Emergency Responders”, for liability from any death, injury, or property damage alleged to have been sustained in the course of providing emergency management functions or treatment related to COVID-19 during the public health emergency.
• The Order supersedes Executive Order 20-34.

December 14, 2020:

Governor Hutchinson signed Executive Order 20-51, which is effective December 11, 2020 through December 31, 2020. The Order renewed the declaration of a Disaster and Public Health Emergency due to COVID-19, in addition to renewing the following executive orders through December 31, 2020:

• Executive Order 20-05, regarding telehealth;
• Executive Order 20-06, regarding the suspension of rules and statutes by state agencies;
• Executive Order 20-14, regarding the suspension of in-person witnessing and notarization of legal documents;
• Executive Order 20-15, regarding suspension of prohibitions for banks and corporations to hold shareholder meetings by remote communication;
• Executive Orders 20-18 and 20-34, regarding access to healthcare resources;
• Executive Orders 20-22 and 20-35, regarding Workers’ Compensation protections;
• Executive Order 20-33, regarding the protection of businesses from liability related to COVID-19; and
• Executive Order 20-43, regarding the issuance of the face covering mandate by the Arkansas Department of Health.

December 3, 2020:

The Arkansas Department of Health has provided the following guidance for the evaluation and availability of essential healthcare workers to return to work following exposure to COVID-19:

• Workers testing positive by any diagnostic test must not return to work for at least 10 days from the date of symptom-onset. If the worker remains asymptomatic, they must not return to work for 10 days from the date the test was collected.
• Any worker who is symptomatic for COVID must stay home until they receive further guidance from their employee health program regarding testing and isolation.
• Workers who meet the criteria for close contact without appropriate personal protective equipment to a positive case of COVID shall be required to quarantine from work and community activity for 14 days from the date of last exposure.
• Workers who are quarantined must be tested by a PCR test 5-7 days after exposure unless they are excluded for a full 14 days from the date of last exposure.
• Workers who are quarantining may return to work, but not to community activities and outings, before the end of the 14 days if the following criteria is met:
  • The worker tested negative by PCR for COVID from a sample collected at least five days after exposure. Workers may not return to work before test results are received;
  • For non-direct care workers: The location where the employee works is secluded from other individuals, or has an alternate work location during quarantine period, and the employee is always masked around others regardless of distance;
  • For direct care workers: The employee must always be masked and wear a face shield;
  • The employee is monitored for symptoms, including a temperature check and symptom screening each day before beginning their shift and during the shift. If the employee develops symptoms, they must immediately leave the work environment and inform their supervisor; and
  • Breaks and meals should be scheduled and taken when no other worker is present in the break room.
• If the situation worsens and essential healthcare operations are jeopardized, asymptomatic healthcare workers who test positive for COVID may return to work prior to completion of quarantine in extremely limited situations as a last resort.

November 19, 2020:

The Arkansas Department of Health issued a new directive on November 19, 2020 regarding businesses that are permitted to sell alcohol. It will go into effect on November 20, 2020 and remain effective until January 3, 2021. The directive requires that businesses operating under a permit issued by the Alcoholic Beverage Control close at 11:00 p.m.

November 17, 2020:

Governor Hutchinson issued Executive Order 20-50 on November 13, 2020, which established the Governor’s COVID-19 Winter Task Force. The Task Force will make recommendations for how the state can support hospital coordination, staffing, and resources during the winter months, and largely consists of physicians and hospital presidents.

October 13, 2020:

Governor Hutchinson signed Executive Order 20-48 on October 13, 2020, which will remain effective for 60 days. The Order renews the disaster and public health emergency that the Governor declared in Executive Order 20-03 and renewed in Executive Orders 20-37 and 20-45, and incorporates the following Executive Orders:

• Executive Order 20-05, regarding telehealth;
• Executive Order 20-06, regarding suspension of rules and statutes by state agencies;
• Executive Order 20-14, regarding suspension of in-person witnessing and notarization of legal documents;
• Executive Order 20-15, regarding suspension of prohibitions for banks and corporations to hold shareholder meetings remotely or by partial remote communication;
• Executive Order 20-18 and 20-34, regarding access to healthcare resources;
• Executive Order 20-22 and 20-35, regarding Workers’ Compensation protections;
• Executive Order 20-33, regarding the protection of businesses from liability related to COVID-19;
• Executive Order 20-43, regarding the face covering directive; and
• Executive Order 20-44, regarding state and federal elections.

October 6, 2020:

The Arkansas Department of Health revised its directive regarding the visitation, screening, and staffing for long-term care facilities on October 6, 2020. Visitation to long-term facilities is prohibited except as permitted by the directive.

• At minimum, facilities must allow all visitation that is medically necessary (including compassionate care situations) and all visitation by law enforcement, emergency personnel, representatives from Disability Rights of Arkansas, and representatives from government regulatory agencies.
  • Compassionate care situations include visitation related to a resident’s end of life care as well as visitation by a resident’s friends and family members for any residents who are struggling with a change in the environment, grief, weight loss/dehydration, or emotional distress.
• A facility may expand visitation and other activities beyond the minimum visitation above only if it meets the following requirements:
  • No new positive COVID-19 case in the 14 days prior to expanded visitation;
  • The facility has adequate staff to provide enough direct care, housekeeping, and dietary services to residents to meet the needs of all residents and legal requirements and the facility is not under a waiver of any state or federal staffing requirements;
  • The facility has adequate PPE to meet the needs of residents and staff;
  • The facility screens every visitor, activity participant, and staff prior to entry to the facility; and
  • The facility will restrict access to all persons who meet any screening criteria for restricted access.
• Facilities that do not meet the requirements to expand visitation may use “visitation booths” located outside the facility to conduct or facilitate visitation with the use of a plexiglass or similar barrier if the facility has not had more than three active resident or staff cases within the last 14 days.
• The directive notes the screening questions that must be asked prior to entry for every person coming into the facility except medical/emergency personnel: fever/temperature, close contact with a person who has tested positive for COVID-19, symptoms of COVID-19.
• Facilities must document all visitors and screening conducted and provide such documentation upon request to government regulatory agencies. A screening log must be maintained.
• Visitors must wear face masks and sanitize their hands prior to entry, and residents should wear a mask during visits if able. Visitors may not eat inside the facility but may provide food to the resident if approved by the facility.
• Expanded visitation and other activities should be held outdoors if possible. The facility should establish outdoor visitation and activity areas that are protected from the elements and should do the same inside. Visits should not be conducted in the residents’ rooms.
• Once a facility is eligible for expanded visitation, the facility may allow salons and barber services to reopen, and may also allow communal dining.

September 9, 2020:

The Arkansas Department of Health modified a Directive on Resuming Restaurant Dine-in Operations for Phase II on September 9, 2020. According to the modified directive, dine-in service under Phase II is expanded in accordance with following limitations:

• Seating in dine-in operations is limited to 66% of total seating capacity (this includes indoor and outdoor dining areas);
• Seating shall remain adjusted to maintain six feet between occupied seats at adjacent tables;
• Self-service operations (e.g., salad bars, buffets, condiment bars) may now operate with the following limitations:
  • Six feet must be maintained between customers at the buffet area.
  • The facility should provide an employee to ensure social distancing is maintained.
  • Masks are required for all persons in the self-service area.
  • Hand sanitizer and single-use gloves must be provided at all entrances of the self-service area.
  • Signs must be posted in the self-service area stating: “Use of hand sanitizer and food service gloves is required for all patrons in this area—Please use a new plate and a new glove for each trip to the buffet/salad bar.”
  • Serving utensils must be replaced every 60 minutes and/or every time a food item is replaced on the buffet.

August 31, 2020:

The Arkansas Department of Health updated its guidance regarding face coverings, which was initially effective on July 20, 2020. Under new guidance, masks with valves are not permitted, and bandanas and single-layer neck gaiters are strongly discouraged. If individuals wish to wear bandanas or neck gaiters, the Department of Health recommends doubling them in order to provide two layers of protection.

August 17, 2020:

Governor Hutchinson issued Executive Order 20-45 which renews the state of emergency and mandates that citizens continue to practice social distancing. The order went into effect on August 14 and is effective for 60 days. The Order also extended the following Executive Orders through the effective date of EO 20-45:

• Order 20-05, regarding telehealth.
• Order 20-06, regarding the suspension of rules and statutes by state agencies.
• Order 20-14, regarding the suspension of in-person witnessing and notarization.
• Order 20-15, regarding the suspension of prohibitions for banks and corporations to hold shareholder meetings solely or partially by remote communication.
• Order 20-18 and 20-34, regarding access to healthcare resources.
• Order 20-22 and 20-35, regarding Workers' Compensation protections.
• Order 20-33, regarding mask-wearing requirements.
• Order 20-44, regarding state and federal elections.

The Department of Health also issued guidelines for school sports venues, which include:

• Seating must be social distanced by households. Every other row should be empty.
• Although the Large Outdoor and Indoor Venue directives allow up to 66%, social distancing may mean actual capacity is between 25-50%.
• Spectators must wear masks at all times. They may be taken off for consuming food or beverages but should be put on immediately afterwards.
• Areas where lines will form, like bathrooms or concessions, should be marked with visual cues to promote social distancing.
• Signs should be posted at entrances that advise those not to enter who have fever, cough, shortness of breath, sore throat, or loss of taste or smell, or have had known exposure to someone with COVID in the past 14 days.
• Signs should be posted at entrances that advise those over the age of 65 or with underlying health conditions they might wish to refrain from entering.
• The facility, including restrooms, should be sanitized as needed throughout the event.
• The use of live-streaming should be used and promoted whenever possible.

August 10, 2020:

Governor Hutchinson issued Executive Order 20-44 providing social distancing guidelines in anticipation of federal and state elections. This pertains to the Special Elections on August 11, 2020 and the General Election on November 3, 2020. The order mandates that:

• Those who decide that voting at the polls is a risk to their health or the health of others due to COVID-19 or those who are unable to be physically present at the polls maybe request and submit an absentee ballot.
• Election officials are authorized to open, process, and canvass absentee voter correspondence up to 15 days before both the Special Elections and General Election. However, no official may open or publish the contents of the inner envelope until 8:30 a.m. on November 3, 2020.
• Election officials will provide notice of where and time periods during which they will open, process, and canvass outer envelopes each day.

August 5, 2020:

The Department of Health issued a Directive lifting limitations on community and music practices and performances, effective immediately. This Directive does not apply to intercollegiate or professional rehearsals, performances, or competitions. The Directive states:

• Participants must social distance at all times.
• Participants must be screened and be excluded if they report any of the following:
  • a fever of over 100.4 F in the last two days
  • cough, difficulty breathing, chills, muscle aches, sore throat, headache, recent loss of taste or smell, nausea, vomiting, or diarrhea
  • contact with a person known to be infected with COVID within the past 14 days
• Participants must wear masks. Children 10 years of age or younger are excluded from this requirement.
• Practice and performances including woodwind instruments, brass instruments, and choirs should be held outdoors.
• Storage rooms must only be used to store personal items.
• Participants should use their own equipment if possible.
• Participants should arrive dressed for rehearsal and bring their own water.
• Hand sanitizer should be provided for all.
• Equipment, restrooms, storage rooms, water fountains, and other high-traffic surfaces should be sanitized between each use.
• Personal contact, including high-fives, hand shakes, and fist bumps, should be avoided.
• Facilities hosting rehearsals or performances, concession stands, and spectators must follow this Directive.
• Group size should be limited to permit social distancing.
• Participations should refrain from participating if they are over 65 years of age or have underlying health conditions including high blood pressure, chronic lung disease, diabetes, severe obesity, asthma, or weakened immunity.

August 3, 2020:

The Arkansas Department of Health issued a Directive allowing patients with an ASA rating of I, II, III, or IV to resume elective procedures:

• Asymptomatic patients are not required to be tested for COVID before an elective procedure.
• Institutions or physicians may elect to continue COVID testing before performing elective procedures.
• Any symptomatic patient must obtain a negative COVID test prior to the elective procedure unless the procedure is deemed urgent or an emergency.
• Those in contact with known COVID patients within 14 days shall not undergo elective procedure.
• There are no restrictions to hospital length of stay.
• Visitation is limited to family or household members only, with no more than two per visit.

Each institution should have ample supply of PPE and is responsible for acquiring that PPE.

July 20, 2020:

Governor Hutchinson signed Executive Order 20-43, which requires every person in Arkansas to wear a face covering in all indoor and outdoor environments when they are exposed to non-household members and six feet of social distancing cannot be assured. The Order went into effect July 20, 2020 at 12:01 a.m. and will remain effective indefinitely. The following are exempt from wearing a face covering:

• Persons younger than 10 years-old;
• Persons with a medical condition or disability that prevents wearing a face covering;
• Persons performing job duties where a six feet distance is not possible, but where a mask inhibits the safe and effective performance of the duty;
• Persons participating in athletic activities where a six feet distance is not achievable;
• Persons consuming food or drink;
• Persons driving alone or with passengers from the same household;
• Persons receiving services that require temporary access to the face for security or other similar purposes;
• Persons voting, assisting voters, serving as poll watchers, or actively performing election administration duties;
• Persons engaged in religious worship activities (face coverings are strongly encouraged, however);
• Persons giving a speech or performance for broadcast or to an audience so long as they remain at a safe distance from other individuals;
• Persons in counties where the Department of Health has certified that risk of community transmission of the virus is low. To qualify as one of these counties, the county must not have a newly identified case of COVID-19 for 28 consecutive days.

July 13, 2020:

On July 10, 2020, Secretary of State Thurston announced that a health concern due to COVID-19 will qualify as a valid reason to request an absentee ballot. Previously, voters were eligible for absentee ballots only due to illness, travel, or physical disability under Arkansas law.

July 9, 2020:

Fayetteville, Arkansas mandated the wearing of facemasks by passing Ordinance 6323. Businesses will have the right to deny entry to anyone not wearing a facemask if he or she is not wearing a mask This requirement will stay in place until the pandemic ends.

Little Rock, Arkansas enacted Executive Order 20-06 on June 25 requiring everyone to wear masks unless they fall in one of the exempt categories.

Conway, De Queen, Fort Smith, Hot Springs, and Rogers, also passed similar mask mandates.

July 7, 2020:

Governor Hutchinson invested an additional $20 million in contact tracing in a deal with General Dynamics. This investment follows an initial $20 million investment in contact tracing with General Dynamics.

July 6, 2020:

Governor Hutchinson signed Executive Order 20-41 on July 3, 2020, which permits cities to implement ordinances requiring face coverings to help curb the spread of COVID-19. Previously, only the Governor could mandate the wearing of face coverings, as cities and counties could not take more restrictive measures than those issued by the state government, per Executive Order 20-37. Arkansas does not have a state-wide face covering mandate.

June 30, 2020:

Governor Andrew Cuomo of New York added Arkansas to New York’s travel advisory list; this requires anyone traveling from Arkansas to New York to quarantine for fourteen days.

June 29, 2020:

Governor Hutchinson has paused further reopening of Arkansas businesses as the number of coronavirus cases in the state continue to spike.

June 24, 2020:

The Arkansas Department of Education issued guidance regarding face coverings, applications for CARES Act funds, and the amended definition of “absence” to reflect remote and virtual learning.

• Janitorial staff and bus drivers in Arkansas schools are required to wear face coverings. Students over 10 years of age must also wear them, and students under 10 years of age are strongly encouraged to wear them whenever feasible.
• School districts’ applications for CARES Act funds are due June 26, 2020 to Arkansas Ready for Learning and are to be reviewed by the Department of Education on June 29, 2020. Arkansas Ready for Learning is the state’s COVID-19 response for the education sector.
• The Arkansas Department of Education’s definition of “absence” has been updated to reflect the nature of virtual learning. A student is now absent if he or she is not present for onsite instruction provided by the district, participating in a district-approved activity, or engaged in scheduled instruction at an off-site location.

June 22, 2020:

Governor Hutchinson announced that nursing homes, assisted-living facilities, and residential-care facilities will be permitted to resume limited family visits and other activities on July 1 if they comply with the newly released guidelines issued by the Arkansas Department of Health concerning those facilities.

Additionally, the Department of Health issued new guidance regarding face coverings. While the Department is not mandating facial coverings, it is strongly recommending the following:

• Indoor settings: The public should wear face coverings in all indoor settings where they are with non-household members and 6-foot social distancing cannot be assured (e.g., workplaces, stores and businesses, places of worship, courtrooms, jails, schools, and health care facilities)
• Outdoor settings: The public should wear face coverings in all outdoor settings where they are with non-household members unless 6-foot social distancing can be assured.

June 18, 2020:

On June 18, Governor Hutchinson signed Executive Order 20-37, which terminates Executive Order 20-03, which was the Governor’s first declaration of an emergency due to COVID-19, and all amendments thereto. EO 20-37 renews the public health and disaster emergency and declaration of Arkansas as a disaster area resulting from the impacts of COVID-19, and will expire in 60 days unless renewed in whole or in part by executive order.

The Order incorporates the various additional executive orders listed below, which will remain in effect until the expiration or renewal of EO 20-37.

• EO 20-05: permits telehealth
• EO 20-06: suspends certain rules and statutes by state agencies to permit flexibility in responding to COVID-19
• EO 20-09: extends tax deadlines
• EO 20-14: suspends in-person witnessing and notarization of legal documents
• EO 20-15: suspends prohibitions for banks and corporations to hold shareholder meetings solely or partially by remote communication
• EO 20-18 and 20-34: increase access to healthcare resources
• EO 20-22 and 20-35: extend Workers’ Compensation eligibility
• EO 20-33: protects businesses from liability related to COVID-19

Finally, the Kansas Department of Health listed Arkansas as a COVID-19 hot spot and is now requiring anyone who visits the state to quarantine for 14 days.

June 16, 2020:

Governor Hutchinson signed three Executive Orders on June 15, 2020 related to COVID-19:

• Executive Order 20-33 establishes immunity for businesses from civil liability for damages or injuries caused by or resulting from exposure of a person to COVID-19. It applies to all persons in the state and the person’s employees, agents, and officers, but does not extend to willful, reckless, or intentional misconduct. The immunity applies to all actions, lawsuits, or claims filed as of June 16, 2020 and is effective until the public health emergency is terminated.

• Executive Order 20-34 establishes “medical immunity” for health care workers and providers. Under this Order, health care workers and providers are authorized to use crisis standards of care to treat COVID-19 patients, and are immune from civil liability from any death, injury, or property damage alleged to have been sustained as a result of any act or omission of the provider in the course of providing COVID-19 treatment. Immunity from liability does not extend to willful, reckless, or intentional misconduct. This Order is effective until the public health emergency is terminated.

• Executive Order 20-35 addresses workers’ compensation as it concerns COVID-19. Regarding employers, the Order states that requiring an employee to perform work when the employer has knowledge that within the normal course and scope of the employee’s job exposure to COVID-19 is possible or likely is not intentional conduct that would remove the employer from the protections in the Workers’ Compensation Law. The Order establishes COVID-19 as an “occupational disease” under the Workers’ Compensation Law, and excepts COVID-19 from the prohibition on compensation for ordinary diseases of life. The Order also requires an employee to prove a causal connection between employment and COVID-19 in order to recover. The Order is effective until the public health emergency is terminated.

June 15, 2020:

As the state enters Phase 2 of its reopening, the Arkansas Department of Health has provided the following guidance for resuming operations, which goes into effect on June 15, 2020:

• Gyms, fitness centers, etc. must screen all staff and participants, and staff must wear facial coverings at all times. The use of pools, spas, showers, and saunas may resume. Staff must ensure that machines and equipment are sanitized after each use, and 12-foot distance between participants is required at all times.
• All businesses, manufacturers, and construction companies must implement the following: limit the number of people who can enter the facility, mark off six-foot increments if a line may form, employees should wear facial coverings and customers will be encouraged to do so, employees should be screened for COVID-19 and related symptoms, businesses must provide hand sanitizer or disinfectant at the entrance, required regular cleaning of high-touch surfaces, signs advising the public not to enter if they feel ill, and required reporting of all employees who are diagnosed with COVID-19 to the Arkansas Department of Health.
• Restaurants: Seating is permitted up to 66% of the total capacity, and must be adjusted to maintain six feet between occupied seats at adjacent tales. All other requirements from Phase 1 are still in effect.
• Bars and clubs: Service at bars resumed on May 26, but seating may now increase up to 66% of the total capacity, and must be adjusted to maintain six feet between occupied seats at adjacent tables. All other requirements from Phase 1 are still in effect.
• Barber shops, salons, body art establishments, cosmetology establishments, etc. may resume attending walk-in clients as well as those scheduled by appointment. Clients must be pre-screened for COVID-19 symptoms. Occupancy can be greater than 10 people, but six feet of distance shall be maintained. Larger facilities may operate up to 66% total capacity. All employees shall wear facial coverings, and clients should wear them as services permit. Practitioners must maintain a record of name, date, and contact information for each client serviced for contact tracing purposes.
• Large indoor venues may increase the capacity allowed in the venue so long as the following limitations/requirements are followed: occupancy shall be limited to 66% of the total capacity, 100 people or fewer in attendance are allowed without a requirement to submit a plan, performers must be separated from the audience by at least 12 feet and are limited to 50 or fewer, lines and seating shall be marked off to arrange for 6-feet of distance between those who attend, every other row shall be unoccupied, facial coverings are required for all persons unless they are 10 years-old or younger (except performers if they maintain a 12-foot distance from other people), COVID-19 educational signs must be posted at entrances, and self-service concessions are not permitted. The facility must be cleaned and disinfected before and after each use. Large outdoor venues are under the same limitations.
• Dental procedures may resume if strict requirements are followed.
• Casinos may increase capacity up to 66% of the total capacity. They must track attendees for use in contact tracing and screen customers and employees upon entrance. Six feet of physical distance between people is required, including in lines and seating/tables. Facial coverings for all those present are required.

June 10, 2020:

Governor Hutchinson announced that the state will be moving into Phase 2 of reopening beginning on June 15, 2020. Under Phase 2, social distancing and facial coverings are still recommended, and restaurants and businesses will be allowed to operate at two-thirds capacity, as opposed to the one-third capacity allowed during Phase 1.

May 26, 2020:

A list of all health directives released to date can be found here. They include more detailed guidance regarding what Governor Hutchinson has already announced or signed as executive orders.

May 18, 2020:

Governor Hutchinson announced that bars associated with restaurant facilities may open on May 19, 2020, while freestanding bars not associated with restaurants may open with restrictions on May 26, 2020.

May 15, 2020:

Governor Hutchinson announced that as of May 18, 2020, all businesses, with the exception of bars, will be permitted to open in the state.

May 6, 2020:

On May 5, 2020, Governor Hutchinson signed Executive Order 20-25, which extends the public health emergency in the State of Arkansas for an additional 45 days from the date of the Order.

May 4, 2020:

Governor Hutchinson announced that barber, cosmetology, massage therapy, body art, and medical spa services may resume operations on May 6, 2020 with restrictions in place.

The Governor also announced that places of worship may resume operations effective May 4, 2020, and large outdoor venues may resume operations as of May 18, 2020, in line with social distancing guidelines and restrictions.

May 1, 2020:

Governor Hutchinson announced that barber shops, salons, tattoo parlors, and medical spa services will be allowed to open on Wednesday, May 6, 2020 with occupancy limitations, mandatory facial coverings for staff, and social distancing practices.

April 30, 2020:

Governor Hutchinson announced Thursday that gyms and fitness centers will be permitted to reopen on May 4, 2020 with the following restrictions:

• Screening for staff and patrons
• No entry for: recent travelers to N.Y., N.J., Conn., New Orleans, and overseas; those with fever, symptoms, or recent contact with COVID-19 patient; immunocompromised persons or those with chronic diseases
• Temperature checks for staff
• Face coverings for staff and patrons, except when actively exercising
• No pools, spas, showers, or saunas may open
• Hand sanitizer must be available
• Equipment sanitation after each use
• 12-ft. distancing
• No personal contact

April 29, 2020:

Governor Hutchinson announced today that restaurants may resume dine-in operations on May 11, 2020. Phase One details for restaurant operations include:

• Physical distancing between patrons and tables
• Reservations encouraged
• Face coverings
• Staff must wear gloves
• Daily staff screenings
• Frequent handwashing
• Pre-order when possible
• No groups over 10
• Senior hour encouraged
• No self-service
• Clean and disinfect tables and menus after each meal
• Bars and entertainment venues within restaurants are prohibited

April 23, 2020:

Governor Hutchinson announced that he hopes to lift some social distancing by May 4, 2020. He released a schedule of announcements that will address whether certain businesses will be permitted to reopen on May 4:

• April 29: Decision regarding restaurants

• April 30: Decision regarding gyms

• May 1: Decision regarding beauty and barber salons

• May 4: Decision regarding places of worship and larger venues, including sports venues

April 22, 2020:

Governor Hutchinson issued Executive Order 20-20, which establishes the Governor’s Economic Recovery Task Force. He also issued Executive Order 20-21, which establishes the Governor’s COVID-19 Testing Advisory Group.

April 15, 2020:

Governor Hutchinson issued multiple Executive Orders concerning the state’s response to COVID-19.

Executive Order 20-16 extends Executive Order 20-03, in which the Governor declared an emergency in the state, to assist state agencies in rendering maximum assistance to Arkansas citizens. State agencies are to continue to identify provisions of any regulatory statute, order, or rule that prevents or hinders the agency’s ability to render maximum assistance to the state’s citizens.

Executive Order 20-17 creates the Governor’s Medical Advisory Committee for Post-Peak COVID-19 Response, which is tasked with identifying the criteria for determining a public health strategy after the state reaches the peak of COVID-19 cases.

Executive Order 20-18 orders the following for the duration of the emergency: 1) a suspension of Arkansas Code to the extent necessary to remove limits on working hours for healthcare providers in order to allow healthcare facilities to maintain adequate staffing and respond to the COVID-19 outbreak; 2) an authorization and request to emergency responders, health care providers legally permitted to practice in the state, and all licensed health care facilities legally permitted to provide services in the state to provide medical and health care and assistance during the state of emergency; 3) a suspension of Arkansas Code to the extent necessary to allow emergency medical treatment protocol developments or modifications to occur solely with the approval of the Secretary of the Arkansas Department of Health; 4) an expansion of the definition of “emergency responders” provided in Ark. Code Ann. Section 12-75-103(7)(C), to include physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered nurses, and licensed practical nurses for the purposes of providing immunity from liability for any injury or death sustained in the course of providing medical services in support of the State’s response to COVID-19; and 5) excepting from liability immunity an emergency responder who causes injury or death and was either acting outside of his or her scope of practice or acted in gross negligence, willful misconduct, or bad faith.

Executive Order 20-19 expands the ability of first responders and healthcare workers to file worker’s compensation claims if they are infected on the job. In order to receive worker’s compensation benefits, a claimant no longer needs to have contracted COVID-19 in, or in immediate connection to, a hospital or sanitorium. First responders and front-line health care workers may be eligible for worker’s compensation if they can demonstrate a causal connection between their diagnosis of COVID-19 and exposure to the virus as a result of their employment or occupation and that the exposure was actually incurred due to employment and not outside of the line of duty.

April 14, 2020:

Governor Hutchinson issued Executive Order 20-13 earlier this month, requiring businesses, manufacturers, construction companies, and places of worship to implement social distancing protocols, such as: limiting the number of people who may enter a facility at once, mark off six-foot increments if lines form, providing hand sanitizer or other disinfectant at or near the entrance, using contactless payment systems if the business engages in retail or disinfect all portals and pens, and posting a sign at the entrance informing those who enter that they should maintain a six-foot distance and avoid entering if they have a fever or cough.

The Order also provides new restrictions in commercial lodgings and short-term rentals. Until further notice, hotels, motels, and vacation rentals may only permit occupancy for health care professionals, first responders and law enforcement, state or federal employees on official business, National Guard members on active duty, airline crew members, patients of hospitals and their families, journalists, people unable to return home due to COVID-19 travel restrictions, Arkansas citizens unable to return home due to exigent circumstances, such as fire, flood, tornado, persons in need of shelter due to domestic violence or homelessness, employees of hotels or other service providers of a hotel, and persons away from home due to work or work-related travel.

April 9, 2020:

Governor Hutchinson issued Executive Order 20-12, which suspends provisions of Arkansas law that require in-person witnessing and notarization of legal documents in the state. Notaries may notarize signatures virtually through real-time audio and visual means so long as the notary and signer are both physically located within the state at the time of signing, and the signing is visually seen by the person that that confirms it. Any person who witnesses or signs a document through real-time audio and visual means may be considered to be “in the presence of” or an “in person” witness.

For the purposes of the Order, real-time audio and visual means technology where all parties can see and hear all other parties simultaneously, such as Skype, Zoom, or FaceTime. This order remains in effect until the state of emergency is terminated.

March 26, 2020:  

(Little Rock): Mayor Scott ordered a nightly curfew from 9 p.m. to 5 a.m. beginning March 30, 2020 and ending April 17, 2020.

March 23, 2020:

Governor Hutchinson extended the 2019 tax deadline to July 15, 2020.

March 22, 2020:  

Governor Hutchinson stated he has no plans to create a “Shelter in Place” environment statewide.

March 20, 2020:  

Arkansas Department of Public Health issued a directive closing all schools, implementing remote work for state employees, ordering hospitals to implement screening measures for staff and visitors, closing dine-in at restaurants, and closing gyms and indoor entertainment venues.

The Department of Health issued a directive on March 19, 2020 closing dine-in activities at bars and restaurants, gyms and indoor entertainment venues, and schools until April 17, 2020, and imposing requirements on health care facilities’ staff and visitors.

Governor Hutchinson also issued an executive order authorizing $30 million in funds from the Governor’s Disaster Assistance Fund to be used to at the discretion of the Arkansas Division of Emergency Management. The order also suspended provisions related to election procedures.