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Arkansas Code Title 20. Public Health and Welfare § 20-46-702. Definitions

Current as of March 28, 2024 | Updated by Findlaw Staff

(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(2) [Repealed by Acts of 2019, Act 389, § 54, eff. July 24, 2019.]

(3) [Repealed by Acts of 2019, Act 910, § 5198, eff. July 1, 2019; Acts of 2019, Act 389, § 54, eff. July 24, 2019.]

(4) “Program provider” means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program for indigent persons;

(5)(A) “Seclusion” means a behavior-control technique involving the involuntary confinement of a resident in locked isolation.

(B) In no event shall verbal direction be construed as seclusion;

(6) “Serious injury” means any significant impairment of the physical condition of the resident whether self-inflicted or inflicted by someone else as determined by the provider's qualified medical personnel, including, but not limited to:

(A) Burns;

(B) Lacerations;

(C) Bone fractures;

(D) Substantial hematoma; and

(E) Injuries to internal organs, whether self-inflicted or inflicted by someone else;

(7) “Serious occurrence” means a resident's death, serious injury, or suicide attempt;

(8) “Suicide attempt” means any action taken by a resident for the purpose of inflicting death or serious injury to the resident as determined by the provider's qualified medical personnel;

(9) “Survey” means any process by which compliance with federal law and regulations applicable to a program provider is determined;

(10) “Survey team” means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and

(11)(A) “Time-out” means a behavior-management technique that involves the separation of a resident from other residents for a period of time to a designated area from which the resident is not physically prevented from leaving.

(B) In no event shall a time-out be construed as a seclusion.

(C) In no event shall verbal direction be construed as time-out.

(b) The definitions in this section apply to any survey conducted upon any psychiatric residential treatment facility or outpatient mental health services funded by a medical care program for indigent persons.

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Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-46-702. Definitions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-46-702/

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