Arkansas Administrative Code

20 CAR § 411-401. Administrator. (a)(1) Each facility must designate a full-time (forty (40) hours per week) administrator. (2) The administrator must be on the premises during normal business hours. (3) The administrator has responsibility for the daily operation of the facility…

20 CAR § 411-402. Registered nurse. (a) The facility shall employ or contract with at least one (1) registered nurse (RN). (b) The assisted living facility RN need not be physically present at the facility, but must be available to the facility by phone or pager. (c)(1) Except fo…

20 CAR § 411-403. Licensed practical nurses. (a) The facility shall employ or contract with licensed practical nurses (LPNs) to provide nursing or direct care services to residents. (b) LPNs may administer medication and deliver nursing services as provided by Arkansas law or app…

20 CAR § 411-404. Certified nursing assistants. (a) The facility shall employ certified nursing assistants (CNAs) to provide direct care services to residents. (b)(1) CNAs shall be permitted to perform the nurse aide duties set forth in Part II, Unit VII of the Long-Term Care Fac…

20 CAR § 411-405. Personal care aide. (a) The facility may employ personal care aides (PCAs). (b) Any PCA employed by the facility to provide direct care services to residents must have: (1) Attended and successfully completed an established curriculum for personal care aides; or…

20 CAR § 411-406. Staffing plan. (a)(1) To effectuate the intent of this part, the assisted living facility shall develop a staffing plan to ensure sufficient personnel/staff/employees are available to meet the needs of the residents. (2) A facility shall meet minimum staffing ra…

20 CAR § 411-407. Orientation and training. (a) All staff including contracted personnel who provide services to residents, excluding licensed home health agency staff, shall receive orientation and training on the following topics within the timeframes specified herein: (1) With…

20 CAR § 411-408. Dementia training. (a) Dementia training shall be culturally competent for covered staff members and persons with Alzheimer's disease and dementia. (b) Dementia training relative to 20 CAR § 411-407(c) shall include principles of person-centered dementia care in…

20 CAR § 411-409. Guardianship prohibited. Facility staff, administrators, and owners are prohibited from being appointed as, or acting as, guardian of the person or the estate, or both, for residents of the facility.

20 CAR § 411-501. Requirements concerning residents generally. The facility shall: (1)(A) Permit unrestricted visiting hours. (B) However, facilities may deny visitation when visitation results, or substantial probability exists that visitation will result, in disruption of servi…

20 CAR § 411-502. Financial management of resident personal allowance. (a) Each facility must provide for the safekeeping and accountability of resident funds in accordance with this section and 20 CAR § 411-901(c)(14). (b) A facility may not require the resident to deposit funds…

20 CAR § 411-503. Quality assurance. (a)(1) The assisted living facility shall develop and maintain a quality assessment unit. (2) The unit shall meet at least quarterly to identify issues with respect to which quality assessment and assurance activities are necessary, and to dev…

20 CAR § 411-601. Incident reporting. (a) Pursuant to the Adult and Long-Term Care Facility Resident Maltreatment Act, Arkansas Code § 12-12-1701 et seq., the facility must develop and implement written policies and procedures to ensure incidents are prohibited, reported, investi…

20 CAR § 411-602. Next-business-day reporting of incidents. (a) The following events shall be reported to the Office of Long-Term Care by facsimile transmission to telephone number 501-683-5306 of the completed Incident & Accident Intake Form (Form DMS-731) no later than 11:00 a.…

20 CAR § 411-603. Incidents or occurrences that require internal reporting only — Form DMS-742 not required. (a)(1) The following incidents or occurrences shall require the facility to prepare an internal report only and does not require a facsimile report or Form DMS-742 to be m…

20 CAR § 411-604. Other reporting requirements. The facility’s administrator or designee is also required to make any other reports as required by state and federal laws, rules, and regulations.

20 CAR § 411-605. Abuse investigation report. (a)(1) The facility must ensure that all alleged or suspected incidents involving resident abuse, exploitation, neglect, or misappropriations of resident property are thoroughly investigated. (2) The facility’s investigation must be i…

20 CAR § 411-701. Resident record requirements. (a) The assisted living facility must maintain a separate and distinct record for each resident. (b) The record must contain: (1) Resident’s name; (2) Resident’s last address; (3) Date the resident began residing at the facility; (4…

20 CAR § 411-702. Maintenance of records. The facility must maintain the resident’s records in the following manner: (1) Each resident shall have the right to inspect his or her records during normal business hours in accordance with state and federal law; (2) The facility must n…

20 CAR § 411-801. Involuntary and voluntary discharges. (a) Arkansas Code § 20-10-1005 provides for involuntary and voluntary discharges. (b) This subpart is supplemental to the statute and, if in conflict, the statute governs.

20 CAR § 411-802. Admissions. (a) Admission criteria. (1) The Level II licensed assisted living facility shall not admit any resident whose needs are greater than the facility is licensed to provide. (2) The assisted living facility shall not provide services to residents who: (A…

20 CAR § 411-803. Occupancy admission agreement. (a)(1) Prior to or on the day of admission, the assisted living facility and the resident or his or her responsible party shall enter into an occupancy admission agreement. (2) For admissions due to emergency circumstances, an indi…

20 CAR § 411-804. Retention conditions. (a)(1) Pursuant to Arkansas Code § 20-10-1704(c), no resident shall be permitted to remain in an assisted living facility if the resident’s condition requires twenty-four-hour nursing care or other services that an assisted living facility …

20 CAR § 411-805. Involuntary transfer or discharge of resident. Except in cases of provisional placements, in the event of involuntary transfer or discharge of a resident, the assisted living facility shall: (1) Discuss with the resident the decision to transfer or discharge the…

20 CAR § 411-806. Conditions of termination of the occupancy admission agreement. (a)(1)(A) Pursuant to Arkansas Code § 20-10-1704(c), no resident shall be permitted to remain in an assisted living facility if the resident’s condition requires twenty-four-hour nursing care or oth…

20 CAR § 411-901. Residents’ Bill of Rights. (a)(1) Each assisted living facility must post the Residents’ Bill of Rights, as provided by the Department of Human Services, in a prominent place in the facility. (2) The Residents’ Bill of Rights must prominently display the toll-fr…

20 CAR § 413-1001. General. (a) Written policies and procedures shall be established for investigating, controlling, and preventing infections. (b)(1) Procedures shall be reviewed annually and revised as necessary for effectiveness and improvement. (2) The policies and procedures…

20 CAR § 413-1002. Standard — Infection control. (a)(1) The facility must provide a sanitary environment to avoid sources and transmission of infections. (2) There must be an active program for the prevention, control, and investigation of infection and communicable diseases. (b)…

20 CAR § 413-101. Definitions. For the purpose of this part, the following definitions shall apply: (1) “Administrator” means a person licensed as a facility administrator by the Department of Human Services, who administers, manages, supervises, or is in general administrative c…

20 CAR § 413-102. Abbreviations. As used in this part: (1) “R.N.” means registered nurse; (2) “L.P.N.” means licensed practical nurse; (3) “L.P.T.N.” means licensed psychiatric technician; (4) “N.A.” means nurse’s aide; (5) “P.T.” means part-time; (6) “F.T.” means full-time (fort…

20 CAR § 413-1101. Standard — Client living environment. (a) The facility must not house clients of grossly different ages, developmental levels, and social needs in close physical or social proximity unless the housing is planned to promote the growth and development of all thos…

20 CAR § 413-1102. Communication aids. The facility must furnish, maintain in good repair, and teach clients to use and to make informed choices about the use of dentures, eyeglasses, hearing and other communications aids, braces, and other devices identified by the interdiscipli…

20 CAR § 413-1103. Transportation of clients. (a) The facility shall establish a written policy regarding transportation of clients, when necessary, to the: (1) Hospital; (2) Medical clinics; and (3) Dentist offices. (b) The facility shall also establish a written policy regardin…

20 CAR § 413-201. Licensure. (a) Fifteen-bed and under ICF/IID's shall be operated, conducted, or maintained in this state by obtaining a license pursuant to the provisions of these licensing standards. (b) Separate facilities operated by the same management require separate lice…

20 CAR § 413-202. Application for license. (a)(1) Applicants for license shall file a notarized application with the Division of Provider Services and Quality Assurance upon forms prescribed by the division and shall pay an annual license fee of ten cents (10¢) per patient bed, o…

20 CAR § 413-203. Renewal of application for licensure. (a) Applications for annual license renewal shall be postmarked no later than July 2 of the succeeding calendar year. (b) License applications for existing institutions shall be subject to a penalty of twenty dollars ($20.00…

20 CAR § 413-204. Issuance of license. (a) License shall be effective on a fiscal year basis and shall expire on June 30 of each year. (b) License shall be issued only for the premises and persons in the application and shall not be assignable or transferable.

20 CAR § 413-205. Denial, revocation, or suspension of license. The Division of Provider Services and Quality Assurance is empowered to deny, suspend, or revoke licenses on any of the following grounds: (1) Violation of any of the provisions of Acts 1979, No. 28 or the rules lawf…

20 CAR § 413-206. Notices and procedure on hearing prior to denial, suspension, or revocation of license. (a) Whenever the Division of Provider Services and Quality Assurance decides to deny, suspend, or revoke a license, it shall send to the applicant or licensee a notice statin…

20 CAR § 413-207. Appeals to court. (a) Any applicant or licensee who considers himself or herself injured in this person, business, or property by final agency shall be entitled to judicial review thereof. (b) Proceedings for review shall be made by filing a petition in the circ…

20 CAR § 413-208. Penalties. (a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any facility covered by this part, without first obtaining a license therefore as herein provided, or who violates any provision of Arkansas law …

20 CAR § 413-209. Inspection. All facilities to which this part apply shall be subject to inspection at any time by an authorized representative of: (1) The Division of Provider Services and Quality Assurance; (2) The Department of Human Services; (3) The United States Department…

20 CAR § 413-210. Compliance. An initial license will not be issued until the applicant has demonstrated to the satisfaction of the Division of Provider Services and Quality Assurance that the facility is in substantial compliance with the licensing standards set forth in this pa…

20 CAR § 413-211. Noncompliance. (a) When noncompliance of the licensing standards are detected during surveys, licensees will be notified of the violations and will be requested to provide a plan of correction with a timetable for corrections. (b) If an item of noncompliance is …

20 CAR § 413-212. Voluntary closure. Any facility, or related institution, that voluntarily closes must meet the rules for new construction to be eligible for relicensure.

20 CAR § 413-213. Exception to licensing standards. (a) The Division of Provider Services and Quality Assurance reserves the right to make temporary exceptions to this part where it is determined that the health and welfare of the community requires the services of the institutio…

20 CAR § 413-214. Provisional licensure. (a)(1) Subject to the requirements below, a provisional license shall be issued to the applicant and new operator of the long-term care facility when the Office of Long-Term Care has received the Application for Licensure to Conduct a Long…

20 CAR § 413-301. Management. (a) Bylaws. (1) The governing body shall consist of an individual or a board of directors and shall adopt effective client care policies and administrative policies and bylaws governing the operation of the facility in accordance with legal requireme…

20 CAR § 413-302. General administration. (a) Visitors shall be permitted during all reasonable hours. (b) Incident and accident reports of clients and personnel shall be completed and reviewed to identify health and safety hazards. (c) An accurate daily census sheet as of midnig…

20 CAR § 413-303. Personnel administration. (a) The administrator shall establish and maintain a personnel policy and a file for each employee. (b)(1) Applications for each employee shall contain sufficient information to support placement in the position to which assigned. (2) A…