Title 20 — Public Health and Welfare
63 chapters · 2,838 sections in this title.
Ark. Code Ann. § 20-46-101 Implementation
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The State Board of Health and the Board of Trustees of the University of Arkansas are authorized and directed to work with the Arkansas State Hospital to implement the services and objectives of this act.
Ark. Code Ann. § 20-46-102 Liability of hospital utilization committee members
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(a) Physicians and others appointed to hospital utilization review committees for the purpose of determining questions relating to the hospitalization of Medicare patients under the provisions of Pub. L. No. 89-97, which is the Medicare law, shall be immune from liability with re…
Ark. Code Ann. § 20-46-103 Records of State Board of Health, hospitals, etc., confidential — Exceptions and liability
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(a) All information, interviews, reports, statements, memoranda, or other data of the State Board of Health, the Arkansas Medical Society and allied medical societies, or from in-hospital staff committees of licensed hospitals, but not the original medical records pertaining to t…
Ark. Code Ann. § 20-46-104 Records of Arkansas State Hospital confidential
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(a) The records, reports, statements, notes, and other information furnished to the Arkansas State Hospital and its divisions for mental research by individuals, by private, public, or governmental hospitals, and by other agencies for the purpose of mental research are not admiss…
Ark. Code Ann. § 20-46-105 Report concerning emotionally disturbed youth
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(a) (1) The Department of Human Services shall report monthly to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth or appropriate subcommittees thereof the number of children placed in residen…
Ark. Code Ann. § 20-46-106 Emotionally disturbed youth treated out of state
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(a) (1) It is the intent of the General Assembly that treatment for emotionally disturbed youth within the State of Arkansas will result in higher quality care provided for less cost when compared with similar services delivered out of state.(2) Before making an out-of-state plac…
Ark. Code Ann. § 20-46-107 Colocation for outpatient behavioral healthcare agencies — Legislative findings
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(a) The General Assembly finds that:(1) Sites for outpatient behavioral healthcare agencies have been prohibited from being adjunct to or colocated with nonbehavioral healthcare services or facilities;(2) Integrated care is a best practice and should be the standard set in this s…
Ark. Code Ann. § 20-46-301 Department of Human Services — Division of Aging, Adult, and Behavioral Health Services — Powers and duties
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(a) The Department of Human Services shall have the authority and power to create and maintain the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and to provide services for community mental health clinics and centers, which shall be …
Ark. Code Ann. § 20-46-302 Department of Human Services — Power to regulate — Funding
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(a) The Arkansas State Hospital shall have the power to establish guidelines and rules in the administration of this section. (b) (1) The Arkansas State Hospital through the Department of Human Services is authorized and empowered to assist community mental health centers and cli…
Ark. Code Ann. § 20-46-303 Standards generally
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(1) In approving or rejecting community mental health clinics for the purpose of mental health services, the Secretary of the Department of Human Services shall consider the following factors:(1) Adequacy of mental health services provided by the clinic, including mental health o…
Ark. Code Ann. § 20-46-304 Minimum standards — Adoption
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(a) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt appropriate minimum standards of performance in the delivery of mental health services by community mental health centers.(2) The standards shall include professio…
Ark. Code Ann. § 20-46-305 Minimum standards — Pledge to conform and filing of policies
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(a) As a condition of certification or recertification by the Department of Human Services, each community mental health center shall furnish to the department a resolution of its governing board expressing the board's pledge and intent to conform to the professional standards an…
Ark. Code Ann. § 20-46-306 Minimum standards — Purchasing procedures
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(a) The minimum standards prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for purchases by community mental health centers, so far as practicable, shall be comparable to the limits set for small purchases under the pu…
Ark. Code Ann. § 20-46-307 Minimum standards — Records of purchases and service contracts
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(a) The minimum purchasing standards and procedures prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for community mental health centers shall not require preaudit or prepurchase approval by the state of purchases made…
Ark. Code Ann. § 20-46-308 Minimum standards — Periodic audits
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(a) (1) Each community mental health center shall undergo a periodic audit as may be required by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.(2) Each audit shall reflect the compliance or noncompliance with the provisions of §§…
Ark. Code Ann. § 20-46-309 Composition and qualifications of staff and boards
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(1) The Secretary of the Department of Human Services shall require the following as to the composition and professional qualifications of the clinic or center staff and control and direction of the clinic or center:(1) The community mental health center or clinic should have an …
Ark. Code Ann. § 20-46-310 Duty to provide screenings and evaluation studies
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Mental health centers in this state, whether local or regional, which have been approved by the Secretary of the Department of Human Services shall provide, upon request of the courts of record in this state, screening and evaluation studies of such persons as shall be referred t…
Ark. Code Ann. § 20-46-311 Training programs and institutes
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(a) The Arkansas State Hospital may from time to time during each year provide such consultation and conduct such institutes and training programs on a state, regional, district, county, or community level as may be necessary to coordinate, inform, and assist in the training of s…
Ark. Code Ann. § 20-46-312 Assistance, cooperation, and purchase of services by certain governmental units
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Any state board, state agency, county, municipality, court, school district, hospital district, or other political subdivision of the state or any county court or circuit court is authorized to purchase mental health services from community mental health clinics or centers or to …
Ark. Code Ann. § 20-46-313 Distribution of funds
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The Arkansas State Hospital through the Department of Human Services is authorized to distribute such funds to community mental health clinics or centers as are appropriated by the General Assembly.
Ark. Code Ann. § 20-46-314 Federal grants
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The Arkansas State Hospital shall be designated as a proper agency to receive grants-in-aid from the United States Government under the provisions of 42 U.S.C. § 246, and shall administer the grants in accordance therewith, in addition to grants-in-aid from the United States Gove…
Ark. Code Ann. § 20-46-315 Transfer of state's matching share
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The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to retain and transfer to the Department of Human Services that portion of each community mental health center's or clinic's allotment which is required for the state's …
Ark. Code Ann. § 20-46-316 Funding report
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(a) On or before April 30, July 31, October 31, and January 31 of each year, the Department of Human Services shall report the following data to the Legislative Council or the Joint Budget Committee during a regular, fiscal, or extraordinary session:(1) A list of community mental…
Ark. Code Ann. § 20-46-401 Admission of children to psychiatric residential treatment facilities
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(a) A psychiatric residential treatment facility licensed under this subchapter and holding a permit from the Health Services Permit Agency or the Health Services Permit Commission shall not admit a child for psychiatric residential treatment unless the child is:(1) An Arkansas r…
Ark. Code Ann. § 20-46-402 Licensure — Unlawful acts
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(a) (1) 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 psychiatric residential treatment facility th…
Ark. Code Ann. § 20-46-403 Licensure posting and display
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(1) If the Department of Human Services issues a license to operate a psychiatric residential treatment facility, the license shall be posted and displayed in a conspicuous place in the psychiatric residential treatment facility and must state at a minimum:(1) The full legal name…
Ark. Code Ann. § 20-46-404 Services provided by psychiatric residential treatment facilities — Rules
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(a) A psychiatric residential treatment facility licensed under this subchapter shall:(1) (A) Provide a range of comprehensive services to treat the psychiatric condition of residents on an inpatient basis under the direction of a physician.(B) The psychiatric residential treatme…
Ark. Code Ann. § 20-46-501 Purpose
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The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide intensive residential treatment for adults with long-term severe mental illness within specialized mental health residential set…
Ark. Code Ann. § 20-46-502 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) (A) “Adults with long-term severe mental illness” means a person, eighteen (18) years of age or over, who meets criteria for service eligibility as defined by the Division of Aging, Adult, and Behavioral He…
Ark. Code Ann. § 20-46-503 Authority to establish program
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The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to establish and maintain in a specialized mental health setting an intensive residential treatment program for adults with long-term severe mental illness.
Ark. Code Ann. § 20-46-504 Rules
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(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt, promulgate, and enforce the rules and standards that may be necessary for the accomplishment of this subchapter. (b) The rules and standards shall be modified, amende…
Ark. Code Ann. § 20-46-505 Procedures
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The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in exercising any power authorized by this subchapter.
Ark. Code Ann. § 20-46-601 Tracking and treatment of persons suffering from mental illness and substance abuse — Definition
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(a) The General Assembly finds that:(1) Persons who suffer from mental illness and who abuse various chemical substances contribute disproportionately to the problem of violence in our society; and(2) It is the purpose of this section to establish a utilization review and treatme…
Ark. Code Ann. § 20-46-701 Authority — Scope
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(a) Except when otherwise specified in federal law or regulation or state law, this subchapter shall be the exclusive state authority governing the survey process for psychiatric residential treatment facilities and outpatient mental health services programs. (b) The scope of any…
Ark. Code Ann. § 20-46-702 Definitions
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(a) As used in this subchapter:(1) (A) “Brief hold” means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident.(B) In no event shall a brief hold be construed as a personal restraint;(2) [Repealed.](3) [Repealed.](4) “Pro…
Ark. Code Ann. § 20-46-703 Surveys of program providers
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(a) The survey team shall:(1) Conduct an exit conference during every survey;(2) Allow electronic signatures and dates and dictated dates to serve as service delivery documentation;(3) To the extent possible, conduct patient interviews in a manner that does not disrupt patient ca…