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Ark. Code Ann. § 20-46-702

Definitions

Acts 2005, No. 1885, § 1; 2019, No. 389, § 54; 2019, No. 910, § 5198.

(1) As used in this subchapter: “Brief hold” means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident.

(2) In no event shall a brief hold be construed as a personal restraint;

(3) [Repealed.]

(4) [Repealed.]

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

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

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

(8) “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: Burns;

(9) Lacerations;

(10) Bone fractures;

(11) Substantial hematoma; and

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

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

(14) “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;

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

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

(17) “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.

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

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

(20) 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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.