Arkansas Administrative Code

20 CAR § 416-206. Level 1 therapeutic communities — Qualified behavioral health provider services. (a) Qualified behavioral health provider services include any service allowed to be performed by a qualified behavioral health provider, certified peer support specialist, certified…

20 CAR § 416-207. Level 1 therapeutic communities — Supportive activities. (a) Supportive activities may be provided to clients in a therapeutic community based upon the individual client’s needs. (b)(1) Documentation in the client’s medical record requires services to be put in …

20 CAR § 416-208. Level 2 therapeutic communities — Service requirements. (a)(1) Level 2 therapeutic communities are a lower level of care of a therapeutic community. (2) Eligibility for this service will be determined by an independent assessment and an authorization for service…

20 CAR § 416-209. Level 2 therapeutic communities — Physician services. (a)(1) Physician services include any service allowed to be performed by a physician within the Counseling and Crisis Services Provider Manual, 20 CAR pt. 614. (2) Physician services include pharmacologic man…

20 CAR § 416-210. Level 2 therapeutic communities — Professional services. (a) Professional services include any service allowed to be performed by a mental health professional (independently licensed or nonindependently licensed clinician) within the Counseling and Crisis Servic…

20 CAR § 416-211. Level 2 therapeutic communities — Qualified behavioral health provider services. (a) Qualified behavioral health provider services include any service allowed to be performed by a qualified behavioral health provider, certified peer support specialist, certified…

20 CAR § 416-212. Level 2 therapeutic communities — Supportive activities. (a) Supportive activities may be provided to clients in a therapeutic community based upon the individual client’s needs. (b)(1) Documentation in the client’s medical record requires services to be put in …

20 CAR § 416-301. Medical recordkeeping system. (a) Each therapeutic community shall maintain an organized medical recordkeeping system to collect and document information appropriate to the treatment processes. (b) This system shall be organized, easily retrievable, with usable …

20 CAR § 416-302. Basic requirements. The therapeutic community’s policies and procedures shall: (1) Define the content of the client’s medical record; (2) Define storage, retention, and destruction requirements for client medical records; (3) Require client medical records be co…

20 CAR § 416-303. Record access for clinical staff. (a) The therapeutic community shall ensure client records are readily accessible to the therapeutic community staff directly caring for the client. (b) Such access shall be limited to the minimum necessary to carry out the staff…

20 CAR § 416-304. Clinical record content — Intake and assessment. (a)(1) The therapeutic community shall assess each individual to determine appropriateness of admission. (2) Initial assessments by an MHP are to be completed on all clients. (b) Client intake information shall co…

20 CAR § 416-305. Health, mental health, substance abuse, and drug history. (a)(1) A health and drug history shall be completed for each client at the time of admission into a therapeutic community (as soon as practical). (2) The medical history shall include obtainable informati…

20 CAR § 416-306. Progress notes. (a) The therapeutic community shall have a policy and procedure mandating the chronological documentation of progress notes for clients admitted to therapeutic communities. (b)(1) All services provided to a client shall be documented in a daily s…

20 CAR § 416-307. Medication record. (a) The therapeutic community shall maintain a medication record on all clients who receive medications or prescriptions in order to provide a concise and accurate record of the medications the client is receiving or has been prescribed. (b) T…

20 CAR § 416-308. Referral and linkage procedures. (a) Referral and linkage procedures shall be in place so staff can adequately advocate on behalf of the person served as early as possible during the stabilization treatment process to transition to lesser restrictive or alternat…

20 CAR § 416-309. Aftercare and discharge summary. (a)(1) An aftercare plan shall be entered into each client's medical record upon discharge from the therapeutic community. (2) A copy of the plan shall be given to the client, the client’s legal guardian, or both the client and l…

20 CAR § 416-310. Other records content. (a) The client record shall contain copies of all consultation reports concerning the client. (b) When psychometric or psychological testing is done, the client record shall contain: (1) A copy of a written report describing the test resul…

20 CAR § 416-311. Confidentiality of mental health and drug or alcohol abuse treatment information. (a) Confidentiality policy, procedures, and practices must comply with federal and state law, guidelines, and standards. (b) Laws, rules, and regulations on the confidentiality of …

20 CAR § 416-401. Department investigations. The Department of Human Services in any investigation or program monitoring regarding client rights shall have access to: (1) Clients; (2) Therapeutic community records; and (3) Therapeutic community staff.…

20 CAR § 416-402. Mechanical restraints. Mechanical restraints shall not be used on any client.

20 CAR § 416-501. Organizational description. (a) The therapeutic community shall have a written organizational description, which is reviewed annually by both the therapeutic community and the Department of Human Services, which minimally includes the: (1) Overall target populat…

20 CAR § 416-502. Information analysis and planning. (a) The therapeutic community shall have a defined plan for conducting an organizational needs assessment that specifies the methods and data to be collected, which shall include but not be limited to information from: (1) Clie…

20 CAR § 416-503. Performance improvement program. (a) The therapeutic community shall have an ongoing performance improvement program designed to objectively and systematically monitor, evaluate, and improve the quality of client care. (b) The performance improvement program sha…

20 CAR § 416-504. Incident reporting. (a) The therapeutic community shall have written policies and procedures requiring documentation and reporting of critical incidents. (b) The documentation for critical incidents shall contain, minimally: (1) The facility name and name and si…

20 CAR § 416-601. Personnel policies and procedures. (a) The therapeutic community shall have written personnel policies and procedures approved by the governing authority. (b) All employees shall have access to personnel policies and procedures, as well as other rules and regula…

20 CAR § 416-602. Job descriptions. (a) The therapeutic community shall have written job descriptions for all positions setting forth minimum qualifications and duties of each position. (b) All job descriptions shall include an expectation of core competencies in relation to indi…

20 CAR § 416-603. Staff qualifications. (a) The therapeutic community shall document the qualifications and training of staff providing crisis stabilization services, which shall be in compliance with the therapeutic community’s clinical privileging process. (b) Failure to comply…

20 CAR § 416-604. Staff development. (a) The therapeutic community shall have a written plan for the professional growth and development of all administrative, professional clinical, and support staff. (b) This plan shall include but not be limited to: (1) Orientation procedures;…

20 CAR § 416-605. In-service. (a) Trainings are required annually for all employees who provide clinical services within the therapeutic community program on the following topics: (1) Fire and safety; (2) Infection control and universal precautions; (3) Client's rights and the co…

20 CAR § 416-701. Generally. (a) Therapeutic communities shall apply these standards to all sites operated. (b) The primary concern of the therapeutic community should always be the safety and well-being of the clients and staff. (c) Therapeutic communities shall be physically lo…

20 CAR § 416-702. Facility environment. (a) The therapeutic community shall obtain an annual fire and safety inspection from the State Fire Marshal or local authorities which documents approval for continued occupancy. (b)(1) Therapeutic community staff shall know the exact locat…

20 CAR § 416-703. Medication clinic — Medication monitoring. (a) Medication administration, storage, and control and client reactions shall be continuously monitored. (b) Therapeutic communities shall: (1) Ensure proper storage and control of medications; (2) Ensure immediate res…

20 CAR § 416-704. Medication — Error rates. The therapeutic community shall have an ongoing performance improvement program that specifically, objectively, and systematically monitors medication administration or dispensing or medication orders and prescriptions to evaluate and i…

20 CAR § 416-705. Technology. (a) The therapeutic community shall have a written plan regarding the use of technology and systems to support and advance effective and efficient service and business practices. (b) The plan shall include, but not be limited to: (1) Hardware and sof…

20 CAR § 416-706. Food and nutrition. (a) If the therapeutic community prepares meals onsite, the therapeutic community shall have a current food establishment health inspection as required by the Department of Health. (b) When meals are provided by a food service, a written cont…

20 CAR § 416-801. Documents of authority. (a) There shall be a duly constituted authority and governance structure for ensuring legal responsibility and for requiring accountability for performance and operation of the therapeutic community. (b) The governing authority shall have…

20 CAR § 417-101. Purpose. The purpose of this part is to: (1) Serve as the minimum standards for community providers delivering services to enrolled beneficiaries who are admitted into a psychiatric residential treatment facility; and (2) Ensure the health and safety of benefici…

20 CAR § 417-102. Definitions. As used in this part: (1) “Abuse” means any of the acts or omissions defined under Arkansas Code § 12-18-103; (2) “Accreditation” means official notification given to the provider of compliance to standards established by The Joint Commission, forme…

20 CAR § 417-103. State regulations. Psychiatric residential treatment facilities that are operated, conducted, managed, or maintained in this state are subject to the provisions of Arkansas Code §§ 20-10-101 – 20-10-2510.

20 CAR § 417-201. Licensure. (a)(1) Psychiatric residential treatment facilities shall be operated, conducted, or maintained in Arkansas by obtaining a license pursuant to the provisions in this section. (2) All psychiatric residential treatment facilities shall be licensed by th…

20 CAR § 417-202. Licensing application process. (a) It is unlawful for any person, partnership, group, corporation, association, or other entity or identifiable group of entities having a coordinated ownership with controlling interest to operate or assist in the operation of a …

20 CAR § 417-203. Penalties. Any person, partnership, association, or corporation, establishing, conducting, managing, or operating any institution within the guidelines set forth herein, without first obtaining a license, or who violates any provision of these lawfully promulgat…

20 CAR § 417-204. Permit application process. (a) An application for a psychiatric residential treatment facility permit shall be completed as prescribed by the Health Services Permit Agency and as outlined in Arkansas Code § 20-8-101 et seq. (b) An applicant shall submit proof o…

20 CAR § 417-205. Psychiatric residential treatment facility administrator. (a) It shall be unlawful for any person to act or serve in the capacity of a psychiatric residential treatment facility administrator in this state unless the person has been licensed as outlined in this …

20 CAR § 417-206. Licensing surveys and inspections of care. (a) A psychiatric residential treatment facility is regulated under the following: (1) For Arkansas residents, the Arkansas Medicaid manual — Psychiatric Residential Treatment Facility Services for under Age 21 Provider…

20 CAR § 417-207. Written notice of enforcement action and plan of correction. (a) After a survey or inspection, the Office of Long-Term Care will provide the psychiatric residential treatment facility with a written notice for each program, which shall state: (1) A factual descr…

20 CAR § 417-208. Remedies. (a)(1) The purpose of remedies is to ensure prompt compliance with program requirements. (2) When the Office of Long-Term Care chooses to apply one (1) or more remedies specified herein, the remedies are applied on the basis of noncompliance found duri…