Arkansas § 20-46-702 Definitions

Arkansas Statutes

§ 20-46-702 — Definitions

Arkansas § 20-46-702

Title20

This text of Arkansas § 20-46-702 (Definitions) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 20-46-702 (2026).

Text

(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(2)[Repealed.]

(3)[Repealed.]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

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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 (B) In no event shall a brief hold be construed as a personal restraint; (2) [Repealed.] (3) [Repealed.]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) "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.