(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in order to calm or comfort the resident.(B) In no event shall a brief hold be construed as a personal restraint;(2) [Repealed.](3) [Repealed.](4) 'Program provider' means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program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 er 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.Amended by Act 2019, No. 389,§ 54, eff. survey conducted upon any psychiatric residential treatment facility or outpatient mental health services funded by a medical care program for indigent persons.Amended by Act 2019, No. 389,§ 54, eff. 7/24/2019.Amended by Act 2019, No. 910,§ 5198, eff. 7/1/2019.Acts 2005, No. 1885, § 1. (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) '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 er 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.Amended by Act 2019, No. 389,§ 54, eff. survey conducted upon any psychiatric residential treatment facility or outpatient mental health services funded by a medical care program for indigent persons.Amended by Act 2019, No. 389,§ 54, eff. 7/24/2019.Amended by Act 2019, No. 910,§ 5198, eff. 7/1/2019.Acts 2005, No. 1885, § 1.
Arkansas Legal Code