Arkansas Administrative Code

20 CAR § 41-158. Physical facilities — Laboratory services. (a)(1) Facilities necessary for providing laboratory services described in the functional program shall be provided. (2)(A) The laboratory shall be constructed, arranged, and maintained to ensure adequate space, ventilat…

20 CAR § 41-159. Physical facilities — Rehabilitation therapy department. (a) Common elements. Each rehabilitative therapy department shall include the following that may be shared or provided as separate units for each service: (1) Office and clerical space with provisions for f…

20 CAR § 41-160. Physical facilities — Morgue and necropsy. (a) These facilities shall be: (1) Directly accessible to an outside entrance; and (2) Located to avoid movement of bodies through public areas. (b) The following elements shall be provided when autopsies are performed w…

20 CAR § 41-161. Physical facilities — Pharmacy. (a)(1) The size and type of services to be provided in the pharmacy can largely depend upon the: (A) Type of medication distribution system used; (B) Number of patients to be served; and (C) Extent of shared or purchased services. …

20 CAR § 41-162. Physical facilities — Dietary facilities. (a) Construction, equipment, and installation shall comply with the standards specified in United States Food and Drug Administration Food Code. (b) Food service facilities shall be designed and equipped to meet the requi…

20 CAR § 41-163. Physical facilities — Administration and public areas. The following areas shall be provided: (1) Facility entrance at grade level: (A) Sheltered from the weather; and (B) Able to accommodate wheelchairs; (2) Lobby that shall include: (A) Reception and informatio…

20 CAR § 41-164. Physical facilities — Health information unit. The following rooms and areas shall be provided: (1) Health information director’s office or space; (2) Review and dictating room or rooms or spaces; (3) Work area for sorting, recording, or microfilming records; (4)…

20 CAR § 41-165. Physical facilities — Central medical and surgical supply department. The following areas shall be provided. (1)(A) Separate soiled and clean work areas. (B)(i) Soiled workroom. (ii) This room shall be physically separated from all other areas of the department. …

20 CAR § 41-166. Physical facilities — Central supply and receiving. (a) In addition to supply facilities in individual departments, a central storage area shall also be provided. (b) General stores may be located in a separate building onsite with provisions for protection again…

20 CAR § 41-167. Physical facilities — Linen services. (a)(1) Each facility shall have provisions for storing and processing of clean and soiled linen for appropriate patient care. (2) Processing may be done: (A) Within the facility; (B) In a separate building onsite or offsite; …

20 CAR § 41-168. Physical facilities — Cleaning and sanitizing carts, employee facilities, and environmental closets. (a)(1) Facilities shall be provided to clean and sanitize carts serving the central medical and surgical supply department, dietary facilities, and linen services…

20 CAR § 41-169. Physical facilities — Engineering service and equipment areas. (a)(1) Space shall be included in all mechanical and electrical equipment rooms for proper maintenance of equipment. (2) Provisions shall also be made to provide for equipment removal and replacement.…

20 CAR § 41-170. Physical facilities — Waste processing services. (a) Hazardous waste and antineoplastic agent disposal. (1) The facility shall have policies and procedures for the identification, segregation, labeling, storage, transport, and disposal of hazardous waste. (2) The…

20 CAR § 41-171. Physical facilities — Details and finishes. (a) All details for alteration or expansion projects as well as for new construction shall comply with the following. (b) Details. (1)(A) Compartmentation, exits, automatic extinguishing systems, and other details relat…

20 CAR § 41-172. Physical facilities — Construction, including fire-resistive requirements. (a) Design. Every building and every portion thereof shall be designed and constructed to sustain all dead and live loads in accordance with the American Society of Civil Engineers ASCE Mi…

20 CAR § 41-173. Physical facilities — Mechanical requirements. (a) General. (1)(A) Prior to acceptance of the facility, all mechanical systems shall be tested and operated to demonstrate to the owner or his or her designated representative that the installation and performance o…

20 CAR § 41-174. Physical facilities — Plumbing and other piping systems. (a) All plumbing systems shall be designed and installed in accordance with the requirements of the latest edition of the: (1) Arkansas Plumbing Code, 17 CAR pt. 65; and (2) Department of Labor and Licensin…

20 CAR § 41-175. Physical environment — Electrical standards. (a) General. (1)(A) All electrical material and equipment including conductors, controls, and signaling devices shall be: (i) Installed in compliance with and maintained per applicable sections of: (a) NFPA 70; and (b)…

20 CAR § 41-176. Hyperbaric suite. (a) General. (1) The number of treatment stations should be based upon the expected workload and may include several work shifts per day. (2)(A) The location should offer convenient access for outpatients. (B) Accessibility to the unit from park…

20 CAR § 41-177. Physical facilities — Helicopter landing area. (a) Helicopter landing area, if provided, shall be documented. (b) Safe planning for the helicopter service shall include the following: (1) Plot plan showing the heliport for Department of Health files and inspectio…

20 CAR § 41-178. Physical facilities — Freestanding ambulatory surgery centers. (a) General construction considerations. See 20 CAR § 41-146(b), physical facilities. (b) Site location, inspection, approval, and subsoil investigation. See 20 CAR § 41-146(c) – (g), (i), and (j), ph…

20 CAR § 41-179. Physical facilities — Outpatient care facilities. (a) General considerations. (1) See 20 CAR § 41-146(a), physical facilities. (2)(A) This section applies to the outpatient care unit licensed under the facility as a department and under the rule of the governing …

20 CAR § 41-180. Physical facilities — Rehabilitation facilities. (a) General considerations. (1) Rehabilitation facilities may be organized under: (A) Hospitals (organized departments of rehabilitation); (B) Outpatient clinics; (C) Rehabilitation centers; and (D) Other facilitie…

20 CAR § 41-181. Physical facilities — Psychiatric hospitals and alcohol/drug abuse inpatient treatment centers. (a) General considerations. See 20 CAR § 41-146(a), physical facilities. (b) General construction consideration. (1) See 20 CAR § 41-146(a), physical facilities. (2)(A…

20 CAR § 41-182. Physical facilities — Infirmaries. (a) General considerations. See 20 CAR § 41-146(a), physical facilities. (b) General construction considerations. See 20 CAR § 146(a), physical facilities. (c) Site location, inspection, approval, and subsoil investigation. See …

20 CAR § 41-183. Rural emergency hospital. (a) Time calculation. For the purposes of determining eligibility of a facility to qualify as a rural emergency hospital, as defined in 20 CAR § 41-102, the time calculation for determining the average length of stay shall be as follows:…

20 CAR § 42-101. Purpose. The purpose of this part is to provide direction to home health, hospice, and private agencies in the State of Arkansas as it relates to criminal record checks for employees, operators, and applicants.

20 CAR § 42-102. Definitions. As used in this part: (1) “Bureau” means the Identification Bureau of the Division of Arkansas State Police; (2) “Care” means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensa…

20 CAR § 42-103. Evidence of criminal history records checks. (a) Home health and hospice agencies. All home health and hospice agencies must maintain evidence that criminal history records checks have been completed on all operators, applicants for employment, and employees of t…

20 CAR § 42-104. Failure to comply. (a) Home health and hospice. Failure to comply with this part shall be grounds to deny or revoke a home health or hospice agency’s license. (b) Private care. Loss of Elder Choices certification shall be grounds to deny or revoke a private care …

20 CAR § 42-105. Operators. (a) Each home health and hospice agency shall obtain a state criminal history records check and a national criminal history records check on each operator no fewer than one (1) time every five (5) years. (b) For a home health or hospice agency initiall…

20 CAR § 42-106. Applicants, employees, and temporary employees. (a) Each home health or hospice applicant or employee must complete a state criminal history check unless the applicant or employee is licensed as a professional as described in 20 CAR § 42-111. (b)(1) A federal cri…

20 CAR § 42-107. Challenges to criminal history information. A person may challenge the completeness or accuracy of his or her criminal history information under Arkansas Code § 12-12-1013.

20 CAR § 42-108. Assignment of facility identification numbers. (a) Each home health and hospice facility shall have a facility identification number assigned. (b) Contact the Division of Health Facilities Services criminal history records program at (501) 661-2201 to obtain an I…

20 CAR § 42-109. Applications. (a) Completed applications for criminal history records checks are submitted by the agency to the Division of Arkansas State Police. (b) Applications may be completed and mailed or completed online and submitted electronically. (1) Applications by m…

20 CAR § 42-110. List of disqualifying offenses. The following is a list of disqualifying offenses: (1) Criminal attempt, Arkansas Code § 5-3-201, criminal complicity, Arkansas Code § 5-3-202, criminal solicitation, Arkansas Code § 5-3-301, or criminal conspiracy, Arkansas Code §…

20 CAR § 42-111. Professional licenses excluded from requirement. The following is a list of professional licenses excluded from requirement: (1) Licensed professional counselors, as outlined in Arkansas Code § 17-27-101 et seq.; (2) Dentists, as outlined in Arkansas Code § 17-82…

20 CAR § 43-101. Purpose. (a)(1) This part has been prepared for the purpose of establishing a criterion for minimum standards for licensure, operation, and maintenance of hospitals and related institutions in Arkansas that is consistent with current trends in patient care practi…

20 CAR § 43-102. Definitions. For purposes of this part, the following definitions apply: (1) “Administrator” means the person responsible for the management of any facility requiring licensure under this part; (2)(A) “Ambulatory surgery center” means a facility in which surgical…

20 CAR § 43-103. Licensure and codes. (a) License required. No general hospital or distinct part, critical access hospital or distinct part, recuperation center or distinct part, infirmary, rehabilitation facility or distinct part, outpatient surgery center, alcohol/drug abuse in…

20 CAR § 43-104. Governing body. (a)(1) An institution shall have an organized governing body that shall be legally responsible for: (A) Maintaining quality patient care; and (B) Establishing policies for the facility. (2) The governing body shall be legally responsible for the c…

20 CAR § 43-105. Medical staff. (a)(1) All persons admitted and discharged to any institution governed by these standards shall be under the care of a person duly licensed to practice medicine in Arkansas, hereafter called physician or surgeon. (2) In institutions where two (2) o…

20 CAR § 43-106. General administration. (a)(1) Each institution shall have an administrator responsible for the management of the institution. (2) In the absence of the administrator, an alternate with authority to act shall be designated. (3) The responsibilities of the adminis…

20 CAR § 43-107. Personnel administration. (a) Medical attendance. The name, address, and telephone number of the physician or physicians attending each patient shall be recorded for ready reference. (b) Qualified personnel. (1) The hospital shall maintain a sufficient number of …

20 CAR § 43-108. Administration reports. (a)(1) It shall be the duty of the administrator or his or her designee to report all infectious or communicable diseases in the facility to the Department of Health, as required by the Rules Pertaining to Reportable Diseases in Arkansas, …

20 CAR § 43-109. Patient identification. Each patient admitted to the hospital shall have an identification bracelet applied during the admission process.

20 CAR § 43-110. Patient care service. (a) Organization. (1) Nursing services shall be directed by a nurse executive who is a registered nurse qualified by advanced education and management experience. (2)(A) The nurse executive’s education and experience shall be directly relate…

20 CAR § 43-111. Medications. (a)(1) All medical orders (medications and treatments) shall be: (A) Documented; and (B) Signed by the prescriber. (2) Telephone/verbal orders should be used infrequently. (3) When used they shall be: (A) Given only to licensed nurses; and (B) Signed…

20 CAR § 43-112. Restraints. (a) Restraint use should be: (1) Implemented in the least restrictive manner possible; (2) Applied in accordance with safe and appropriate techniques; and (3) Ended at the earliest possible time. (b)(1) Each order for the application of restraints sha…

20 CAR § 43-113. Health Information Services. (a) General requirements. (1) A medical record shall be maintained for each patient admitted for care in the hospital. (2) The original, or a copy of the original when the original is not available, of all reports shall be filed in th…