Arkansas Administrative Code

20 CAR § 417-209. Mandatory closure notification. (a) Except as provided in this part, a license shall be immediately null and void if a psychiatric residential treatment facility becomes nonoperational. (b) A cessation of business is deemed to be effective the date on which the …

20 CAR § 417-210. Informal dispute resolution. (a)(1)When a psychiatric residential treatment facility does not agree with deficiencies cited on a statement of deficiencies, the psychiatric residential treatment facility may request an informal dispute resolution hearing of the d…

20 CAR § 417-211. Appeals. (a) Any applicant or licensee who considers themselves injured in their person, business, or property by final administrative adjudication shall be entitled to judicial review thereof as provided by law. (b) All petitions for judicial review shall be in…

20 CAR § 417-301. Purpose and organizational structure. (a)(1) The purpose of the psychiatric residential treatment facility shall be clearly defined in a statement filed with the Office of Long-Term Care. (2) The statement must include the: (A) Program philosophy; (B) Program go…

20 CAR § 417-302. Management. (a) The governing body or management team shall adopt effective resident care policies and administrative policies and bylaws governing the operation of the psychiatric residential treatment facility in accordance with legal requirements. (b)(1) The …

20 CAR § 417-303. Required policies around staffing. (a) The psychiatric residential treatment facility shall have personnel policies which include, but are not limited to, defining staff roles, essential job functions, qualifications, and lines of authority. (b) The psychiatric …

20 CAR § 417-304. Staffing ratios and required personnel. (a) The psychiatric residential treatment facility shall have: (1) A physician currently licensed by the Arkansas State Medical Board who has experience in the practice of adolescent psychiatry; (2) A director of nursing o…

20 CAR § 417-401. Policy management. (a)(1) Every psychiatric residential treatment facility shall have policies that are clearly written and current. (2) All policies shall be available for review by all facility staff and Department of Human Services personnel. (3)(A) All polic…

20 CAR § 417-402. Requirements and recording of staff training. (a)(1) The psychiatric residential treatment facility must document in the staff personnel records that the required training and demonstration of competency were successfully completed. (2) Documentation must includ…

20 CAR § 417-403. Resident record maintenance. (a) The psychiatric residential treatment facility shall maintain an individual record on all residents admitted in accordance with accepted professional standards and practices. (b) The psychiatric residential treatment facility mus…

20 CAR § 417-404. Contents of resident records. (a) The psychiatric residential treatment facility shall initiate and maintain an onsite and organized record for each resident. (b) The record shall contain sufficient documented information to: (1) Identify the resident, and the a…

20 CAR § 417-405. Admission policies. (a) The psychiatric residential treatment facility shall not admit any child for whom the psychiatric residential treatment facility cannot provide adequate care. (b) The psychiatric residential treatment facility shall not admit any out-of-s…

20 CAR § 417-406. Individual plan of care. Psychiatric residential treatment facilities must provide services to a resident according to an individual plan of care that: (1) Is based on a diagnostic evaluation that includes examination of the medical, psychological, social, behav…

20 CAR § 417-407. Certification of need and continuation of benefits during appeals and state fair hearing. (a) A team specified in 42 C.F.R. § 441.154 must certify that: (1) Ambulatory care resources available in the community do not meet the treatment needs of the resident; (2)…

20 CAR § 417-408. Discharge policies. (a) Discharge planning begins at the date of admission, and goals toward discharge shall be continually addressed in the interdisciplinary team meetings and when the comprehensive individual plan of care is reviewed. (b) When a resident is to…

20 CAR § 417-409. Retention and preservation of records. (a) All medical records shall be retained in either the original, or other acceptable methods for a minimum of ten (10) years after the last discharge; and for a minor, three (3) years after a resident reaches legal age und…

20 CAR § 417-410. Confidentiality. (a) The information contained in the resident records is confidential and is not to be released without legal authorization or subpoena. (b) The records will be available to the Office of Long-Term Care or its contractor. (c)(1) The psychiatric …

20 CAR § 417-411. Visitation rights. (a) In accordance with Arkansas Code § 20-6-407: (1) A psychiatric residential treatment facility shall allow visitation as needed by the resident to alleviate physical or mental distress; (2) Personal contact with a resident is permitted duri…

20 CAR § 417-412. Reportable events. (a) The provider shall have comprehensive written procedures concerning resident reportable events. (b)(1) All written reports will be reviewed, initialed, and dated by the psychiatric residential treatment facility administrator or designee. …

20 CAR § 417-413. Treatment and medications. (a) The provider shall have written policies and procedures that govern the safe administration and handling of all drugs as appropriate to the psychiatric residential treatment facility. (b) The provider shall have a written policy go…

20 CAR § 417-414. Administering medication and treatments. (a)(1) Doses of medication shall be administered by the same staff member who prepared them for administration. (2) Preparation shall occur no earlier than one (1) hour prior to administration; preparation of doses for mo…

20 CAR § 417-415. Medication containers. (a)(1) Medications for residents shall be obtained from a permitted pharmacy or prescriber on an individual prescription basis. (2) These medications shall bear a label affixed to the container which reflects at least the following: (A) Na…

20 CAR § 417-416. Medication storage. (a)(1) Medications shall be properly stored and safeguarded in a locked medicine preparation room or locked in a cabinet at or near the staff work area to prevent access by unauthorized individuals. (2) If medication carts are utilized for st…

20 CAR § 417-417. Psychotropic medication report. (a) A psychiatric residential treatment facility shall report monthly on an approved Office of Long-Term Care template, to the state-designated protection and advocacy system, the office, and the resident’s PASSE, or the resident’…

20 CAR § 417-418. Disposition of medications. (a) Residents’ medications shall be destroyed by the authorized medical staff at the psychiatric residential treatment facility designee when: (1) Medication has deteriorated or exceeded its expiration date; or (2) Unused portions rem…

20 CAR § 417-419. Transportation. (a) The psychiatric residential treatment facility shall ensure that each resident is provided with the transportation necessary for implementation of the resident’s treatment plan. (b) The psychiatric residential treatment facility shall provide…

20 CAR § 417-420. Meal service. (a) The psychiatric residential treatment facility shall not permit residents to engage in food preparation unless the food preparation is part of the resident’s life skills training. (b) Special attention shall be given to preparation and prompt s…

20 CAR § 417-421. Quality of dietary management. (a) Persons responsible for the direction of food services in psychiatric residential treatment facilities having more than fifty (50) beds, at a minimum, shall be: (1) Certified as a certified dietary manager or food service super…

20 CAR § 417-422. Minimum daily food requirements. (a) All residents shall be served an approved, appetizing, adequate diet that conforms to the dietary reference intakes of the Office of Disease Prevention and Health Promotion. (b) A minimum of three (3) nutritionally adequate m…

20 CAR § 417-423. Food and diet. (a)(1) If the psychiatric residential treatment facility accepts or retains residents in need of medically prescribed special diets, the menus for such diets shall be planned by a professionally qualified dietitian or shall be reviewed and approve…

20 CAR § 417-424. Menu. (a)(1) Menus shall be planned and written a minimum of one (1) week in advance and dated as served. (2) The current week’s menu, including routine and special diets and any substitutions or changes made, shall be readily available and posted in one (1) or …

20 CAR § 417-425. Educational services. (a)(1) All psychiatric residential treatment facilities will request educational records from the sending school district that include all recent evaluations, testing, grade level, and individualized educational plan, if applicable. (2) For…

20 CAR § 417-501. Use of restraints and seclusion. (a)(1) The United States Children’s Health Act of 2000, Pub. L. No. 106-310, imposes procedural reporting and training requirements regarding the use of restraints and involuntary seclusion in psychiatric residential treatment fa…

20 CAR § 417-502. Notification of parent or legal guardians. (a) The psychiatric residential treatment facility must notify the parent or legal guardian of the resident who has been restrained as soon as possible after the initiation of each emergency safety intervention. (b) The…

20 CAR § 417-503. Application of time out. (a) A resident in time out must never be physically prevented from leaving the time out area. (b) Time out may take place away from the area of activity or from other residents, such as in the resident’s room (exclusionary) or in the are…

20 CAR § 417-504. Post-intervention debriefings. (a)(1) Within twenty-four (24) hours after the use of restraint, staff involved in an emergency safety intervention and the resident must have a face-to-face discussion. (2) This discussion must include all staff involved in the in…

20 CAR § 417-505. Medical treatment for injuries resulting from an emergency safety intervention. (a) Staff must immediately obtain medical treatment from qualified medical personnel for a resident injured as a result of an emergency safety intervention. (b) The psychiatric resid…

20 CAR § 417-506. Self-attestation of compliance with restraint and seclusion standards and provider agreement validation for certification and recertification. Attestation of psychiatric residential treatment facility compliance: (1) Pursuant to 42 C.F.R. § 483.374 (2001), each …

20 CAR § 417-601. Residents’ rights. (a)(1) The psychiatric residential treatment facility shall have written policies and procedures defining the rights and responsibilities of residents that comply with 42 C.F.R. § 483.356 (2001). (2) The policies shall present a clear statemen…

20 CAR § 417-701. General. (a) Every psychiatric residential treatment facility must be maintained, managed, and equipped to provide adequate care, safety, and treatment of each resident. (b) The buildings shall reflect good housekeeping and sanitary conditions and shall, by mean…

20 CAR § 417-702. Facility grounds and parking. (a) All psychiatric residential treatment facilities shall be provided with dust-free drives and parking lots. (b) The grounds of the psychiatric residential treatment facility shall be kept clean and free of safety hazards. (c) Swi…

20 CAR § 417-703. Doors. (a) All exterior doors shall be effectively weather stripped. (b)(1) In the case of an emergency, and when an emergency alarm system is activated, exit doors shall be unlocked in such a way that a key is not necessary to open the door from the inside of t…

20 CAR § 417-704. Standard resident rooms, bath, and toilet facilities. (a) There shall be no more than four (4) residents per bedroom and a resident must only share a bedroom with other residents of the same gender. (b) Each resident shall have a separate bed with a mattress, sh…

20 CAR § 417-705. Day room and dining room. (a) A well-lighted, clean, orderly, and ventilated room or rooms shall be provided for resident activities and for dining areas. (b) The arrangement, appearance, and furnishing of all of the interior areas of the psychiatric residential…

20 CAR § 417-706. Kitchen. (a)(1) Kitchens used for meal preparation shall have the equipment necessary for the preparation, serving, storage, and clean-up of all meals regularly served to all of the residents and staff. (2) All equipment shall be maintained in proper working ord…

20 CAR § 417-707. Video camera surveillance. (a) All PRTFs shall have video cameras in all common areas that, at a minimum, capture movement. (b) All reportable incidents require camera footage to be saved and will only be deleted upon a closed investigation by the Office of Long…

20 CAR § 417-708. Preparation and storage of food. (a) All food prepared in the psychiatric residential treatment facility shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. (b) All food stored in the refrigerators shall be stored …

20 CAR § 417-709. Sanitary conditions. (a) Food shall be procured from sources approved or considered satisfactory by federal, state, and local authorities. (b) Floors shall be clean and free from dust, dirt, and debris. (c)(1) Dishes, silverware, and glasses shall be free of bre…

20 CAR § 417-710. Ceilings, walls, and floors. (a) Walls. (1) Kitchens, and other rooms where food and drink are prepared shall have a smooth, nonperforated surface that is washable. (2) Wallpaper shall not be used. (3) The walls of the psychiatric residential treatment facility …

20 CAR § 417-711. Heating and cooling. (a)(1) The psychiatric residential treatment facility shall be equipped with central heating and cooling equipment that maintains reasonable temperatures between sixty-five degrees Fahrenheit (65°F) and eighty-two degrees Fahrenheit (82°F). …