1. (a) General requirements.

   1. (1) Each utility must honor a physician’s certificate that attests to the fact that a residential utility customer or any other permanent resident of the household has a serious medical condition.
   2. (2) The certificate must clearly state that the suspension of utility service would give rise to a substantial risk of death or gravely impair the health of the customer or another permanent household resident.

2. (b) Notice.

   1. (1) A physician, nurse, nurse practitioner, physician’s assistant, or public or private agency providing physical or mental healthcare services may notify the utility in person, by telephone, or by letter that the serious medical condition exists.
   2. (2) When a utility is notified, it must inform the healthcare professional that a physician’s certificate is required within seven (7) days.
   3. (3) The utility may verify notice given by telephone.

3. (c) Delay of suspension or reconnection of service.

   1. (1)

      1. (A) When notified under subsection (b) of this section, a utility shall postpone suspension or reconnect service that has been suspended for thirty (30) days or less.
      2. (B) The utility shall not be required to continue to provide service for longer than thirty (30) days unless the medical certificate is renewed under subdivision (c)(5) of this section.
   2. (2) The utility must receive a physician’s certificate within seven (7) days after being notified according to subsection (b) of this section.
   3. (3) A utility may suspend service if it does not receive a physician’s certificate within seven (7) days after being notified according to subsection (b) of this section.

   4. (4)

      1. (A) Upon receipt of a physician’s certificate, the utility shall notify the customer in writing of the:

4. (i) Receipt of the certificate;

   1. (ii) Date the certificate was received;

      1. (iii) Date the postponement of suspension or reconnection of service was commenced; and

         1. (iv) Date on which the postponement of suspension or reconnection shall expire.
      2. (B) The notice shall contain an explanation of the customer’s rights to renew the certificate.
      3. (C) The notice shall specifically state the last day the customer has to renew the certificate.
      4. (D) The notice may be delivered by first-class mail or by delivery to an adult person at the residence.

   2. (5)

      1. (A) A customer may renew a certificate one (1) time for up to an additional thirty (30) days.
      2. (B) The certificate must be renewed by the customer before the thirty-day time period expires.
      3. (C) To renew a current certificate, the customer must provide a new certificate from the physician.

   3. (6)

      1. (A) A utility is not required to accept more than one (1) physician’s certificate per household each year.

      2. (B) A renewal of a certificate is not a second certificate.

         1. (d) Physician’s certificate.
   4. (1) A completed physician’s certificate must be signed by a physician and must be in the following form.
   5. (2) The utility shall provide a copy of the physician’s certificate form to the physician. PHYSICIAN’S CERTIFICATE OF MEDICAL NEED FOR UTILITY SERVICE The Arkansas Public Service Commission requires utilities under its jurisdiction to honor physician’s certificates which attest to the fact that a utility customer or any permanent resident of the household has a serious medical condition. The certificate must clearly state that the suspension of utility service would give rise to a substantial risk of death or gravely impair the health of the customer or another permanent household resident. A licensed physician or other health care professional providing health care services to the patient may notify the utility of the serious medical condition. The notice must be followed within 7 days by a certificate. The certificate is valid for up to 30 days and may be extended for one additional 30-day period by reverification by the physician or health care professional prior to the expiration date of the first certificate. This reverification requires that an additional certificate be submitted to the utility. You are being asked to verify that the stated condition exists. This certificate allows the utility customer time to secure payment for utility service or to make alternate arrangements for care of the patient. Thank you for your cooperation. To: ____________________ __________________ (Name of Utility) Date I certify that loss of utility service would give rise to a substantial risk of death or gravely impair the health of ____________________ who lives at ________________________________________________________ _____________________________________________________________________ The nature of the serious medical condition is ______________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________. The effect of loss of utility service would be ________________________ _______________________________________________________________________ _______________________________________________________________________ ______________________________________________________________________. This condition is expected to continue __________ days. I am licensed to practice medicine by the Arkansas State Medical Board or a comparable licensing authority in the State of __________. ____________________ Physician ____________________ Address ____________________ Phone number

5. (e) Additional medical opinion.

   1. (1)

      1. (A) A utility may, at its expense, obtain an additional medical report or certificate from a physician of its choice.
      2. (B) The additional medical report or certificate shall be based on that physician’s examination of the customer.
   2. (2) Failure of the customer without good cause to attend the utility-required medical appointment shall be sufficient reason for suspension of service by the utility.
   3. (3) If the information in the additional report or certificate does not meet the criteria in this section for delaying suspension, a utility may suspend service after giving the customer an additional five (5) days’ written notice.
6. (f) Liability for payment for service. Delaying suspension or reconnecting service under this section does not excuse the customer from having to pay for the service.
7. (g) Contact procedures before suspension of service. If suspension has been postponed under this section, and the medical certificate has expired, the utility must follow the notification requirement of 23 CAR § 455-604(a) prior to suspension.

Codification Notes: This section was promulgated as Rule 6.17 of the General Service Rules prior to codification in the Code of Arkansas Rules.