Table Of Content

Arkansas Code OF 1987 Annotated SUPPLEMENT 2013 VOLUME 20B Place in pocket of bound volume Prepared by the Editorial Staffofthe Publisher Under the Direction and Supervision ofthe ARKANSAS CODE REVISION COMMISSION Senator David Johnson, Chair Senator David Burnett Representative John Vines Representative Darrin WilHams Honorable Bettina E. Brownstein Honorable Don Schnipper Honorable David R. Matthews Honorable Stacy Leeds, Dean, University ofArkansas at Fayetteville, School ofLaw Honorable Michael H. Schwartz, Dean, University ofArkansas at Little Rock, School ofLaw Honorable Warren T. Readnour, SeniorAssistant Attorney General Honorable Matthew Miller, Assistant Director for Legal Services of the Bureau ofLegislative Research ^ LexisNexis © Copyright 2003, 2005, 2007, 2009, 2011, 2013 BY The State ofArkansas All Rights Reserved LexisNexis and the Knowledge Burstlogo are registered trademarks, and Michie is a trademark ofReedElsevierProperties Inc. usedunderlicense. MatthewBenderisaregisteredtrademarkof Matthew Bender Properties Inc. For information about this Supplement, see the Supplementpamphlet for Volume 1 5051120 ISBN 978-0-327-10031-7 (Code set) ISBN 978-0-327-10192-5 (Volume 20B) ^ LexisNexis" Matthew Bender & Company, Inc. 701 East Water Street, Charlottesville, VA 22902 www.lexisnexis.com (Pub.40604) TITLE 20 PUBLIC HEALTH AND WELFARE (CHAPTERS 1-44 IN VOLUME 20A) SUBTITLE MENTAL HEALTH 3. CHAPTER. 45. GENERAL PROVISIONS. 46. MENTAL HEALTHAGENCIESAND FACILITIES. 47. TREATMENT OF THE MENTALLY ILL. 48. TREATMENT OF THE DEVELOPMENTALLY DISABLED. 49. STERILIZATION OF MENTAL INCOMPETENTS. INTERSTATE COMPACT ON MENTAL HEALTH. 50. SUBTITLE FOOD, DRUGS, AND COSMETICS 4. CHAPTER. 56. GENERAL PROVISIONS. REGULATION OF FOOD GENERALLY. 57. 58. EGGS. MILKAND DAIRY PRODUCTS. 59. 60. MEATAND MEAT PRODUCTS. 61. FISHAND SEAFOOD. 62. POISONS. 64. ALCOHOLAND DRUGABUSE. SUBTITLE SOCIAL SERVICES 5. CHAPTER. 76. PUBLIC ASSISTANCE GENERALLY. 77. MEDICALASSISTANCE. 78. CHILD CARE. 80. COMMUNITY SERVICES. 81. VETERANS'AFFAIRS. 82. VICTIMS OF VIOLENT CRIMES. 86. FAMILY SAVINGS INITIATIVE ACT. SUBTITLE MENTAL HEALTH 3. CHAPTER 45 GENERAL PROVISIONS subchapter. 2. Mental Health Services Provider Duty to Warn. 1 20-45-201 PUBLIC HEALTHAND WELFARE 2 — Subchapter 2 Mental Health Services Provider Duty to Warn SECTION. tions against t—hreatened 20-45-201. Definitions. patientviolence Dutyto 20-45-202. Dutyofmentalhealthservices warn. provider to take precau- 20-45-201. Definitions. As used in this subchapter: (1) "Licensed certified social worker" means aHcensed certified social worker licensed by the Arkansas Social Work Licensing Board under § 17-103-306(c) who provides mental health services; (2) "Licensed marriage and family therapist" means a licensed marriage and family therapist licensed by the Arkansas Board of Examiners in Counseling under § 17-27-303 or § 17-27-304 who provides mental health services; (3) "Licensed professional counselor" means a licensed professional counselor licensed by the Arkansas Board ofExaminers in Counseling under § 17-27-301 who provides mental health services; (4) "Mental health services provider" means a licensed certified social worker, licensed marriage and family therapist, licensed professional counselor, physician, psychologist, or registered nurse who provides mental health services; (5) "Patient" means an individual with whom a mental health services provider has established a patient-care provider relationship; (6) "Physician" means a physician licensed by the Arkansas State Medical Board who provides mental health services; (7) "Psychologist" means a psychologist licensed by the Arkansas Psychology Board who provides mental health services; and (8)(A) "Registered nurse" means a registered nurse licensed by the Arkansas State Board of Nursing who provides mental health services. (B) "Registered nurse" includes an advanced practice nurse. History. Acts 2013, No. 1212, § 1. 20-45-202. Duty of mental health services provider to take pre—- cautions against threatened patient violence Duty to warn. (a) A mental health services provider, hospital, facility, community mental health center, or clinic is not subject to liability, suit, or a claim under § 19-10-204 on grounds that a mental health services provider did not preventharm to an individual orto propertycausedby a patient (1) The patient communicates to the mental health services provider an explicit and imminent threat to kill or seriously injure a clearly or reasonably identifiable potential victim or to commit a specific violent act or to destroy property under circumstances that could easily lead to 3 GENERAL PROVISIONS 20-45-202 serious personal injury or death and the patienthas an apparent intent and ability to carry out the threat; and (2) The mental health services provider takes the precautions speci- fied in subsection (b) of this section in an attempt to prevent the threatened harm. (b) A duty owed by a mental health services provider to take reasonable precautions to prevent harm threatened by a patient is discharged, as a matter oflaw, ifthe mental health services provider in a timely manner: (1) Notifies: (A) Alaw enforcement agency in the county in which the potential victim resides; (B) A law enforcement agency in the county in which the patient resides; or (C) The Department ofArkansas State Police; or (2) Arranges for the patient's immediate voluntary or involuntary hospitalization. (c)(1) Ifa patientwho is under eighteen (18)years ofage threatens to commit suicide or serious or life-threatening bodily harm upon himself or herself, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's custodial parent. (2) If the mental health services provider is unable to contact the patient's custodial parent within a reasonable time, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's noncustodial parent or legal guardian. (d) A mental health services provider, hospital, facility, community mental health center, or clinic is not subject to liability, suit, or claim under § 19-10-204 for disclosing a confidential communication made by or relating to a patient ifthe patient has explicitly threatened to cause serious harm to an individual or to property under circumstances that could easily lead to serious personal injury or death or if the provider has a reasonable belief that the patient poses a credible threat of serious harm to an individual or to property. (e)(1) If a patient in the custody of a hospital, community mental health center, or other facility threatens to harm an individual or property, the mental health services provider and the staff of the hospital, community mental health center, or other facility shall con- sider and evaluate the threat before discharging the patient. (2) Under subdivision (e)(1) of this section, the mental health services provider may inform an appropriate law enforcement agency and the victim ofthe threat. (f) Subsections (a) and (c) ofthis section apply to a hospital or facility that has custody ofa patient who has made or makes a threat to harm an individual or property. History. Acts 2013, No. 1212, § 1. 20-46-105 PUBLIC HEALTHAND WELFARE 4 CHAPTER 46 MENTAL HEALTH AGENCIES AND FACILITIES subchapter. 1. General Provisions. 3. Community Mental Health Centers. 5. Intensive Residential Treatment. 7. Providers of IndigentAssistance. — Subchapter 1 General Provisions section. section. 20-46-105. Report concerning emotion- 20-46-106. Emotionally disturbed youth ally disturbed youth. treated out ofstate. 20-46-105. Report concerning emotionally disturbed youth. (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 residential and inpatient treatment programs, including sexual offender treatment, when Medicaid is the payment source. (2) The monthly report shall include the following information: (A) The total number of males and the total number of females placed in in-state residential programs and the total number ofmales and the total number offemales placed in inpatient acute psychiatric programs, excluding sexual offender treatment programs, that were paid for by Medicaid during the previous month; (B) The total number of males and the total number of females placed in out-of-state residential programs and the total number of males and the total number of females placed in inpatient acute psychiatric programs, excluding sexual offendertreatment programs, that were paid for by Medicaid during the previous month; (C) The total number of males and the total number of females placed in in-state residential and inpatient sexual offendertreatment programs that were paid for by Medicaid during the previous month; (D) The total number of males and the total number of females placed in out-of-state residential and inpatient sexual offender treatment programs that were paid for by Medicaid during the previous month; (E) The total amount of money paid by Medicaid for the previous month for in-state residential and inpatient psychiatric programs with sexual offender treatment programs, residential and acute separately identified; (F) The total amount of money paid by Medicaid for the previous month for out-of-state residential and inpatient psychiatric programs with sexual offender treatment programs, residential and acute separately identified; 5 MENTAL HEALTHAGENCIES AND FACILITIES 20-46-106 (G) The total number of juveniles in residential and inpatient programs, including sexual offender treatment programs, that were paid for by Medicaid during the previous month; (H) The total number of juveniles in residential and inpatient programs, including sexual offender treatment programs, that were paid for by Medicaid during the previous month, who are within fifty (50) miles of an Arkansas border; and (I) The total number of juveniles in residential and inpatient programs, including sexual offender treatment programs, that were paid for by Medicaid during the previous month, who are more than fifty (50) miles from an Arkansas border. (b) The report under this section shall include the number of placements for the previous month and the cumulative total number of placements for each fiscal year as of the date of the latest monthly report. (c) The Legislative Council may request at any time that such additional information as it deems necessary be provided by the department. (d) The deputy director ofthe appropriate division ofthe department as determined by the Director of the Department of Human Services shall certify by his or her signature that the information contained in these reports is correct to the best ofhis or her knowledge. History. Acts 1985, No. 779, § 21; ignated former (a)(1) through (a)(9) as 1997, No. 179, § 31; 2003, No. 278, § 1; present (a)(2)(A) through (a)(2)(I); and in 2005, No. 1958, § 1; 2013, No. 1132, § 28. present (a)(1), substituted "Children and Amendments. The 2013 amendment Youth" for "Children, and Youth" and de- subdivided (a) into (a)(1) and (a)(2); redes- leted "Interim" following "the Senate." 20-46-106. Emotionally disturbed youth treated out of state. (a)(1) It is the intent of the General Assembly that treatment for emotionally disturbed youth within the State ofArkansas will result in higher quality care provided for less cost when compared with similar services delivered out of state. (2) Prior to making an out-of-state placement, the Department of Human Services shall make and document the determinations established in subsection (b) of this section. If an out-of-state placement is made without documenting the determinations, payment for services shall not be authorized. (3) The department shall provide a report monthly to the Senate Committee on Children andYouth and the House Committee onAging, Children, and Youth, Legislative and Military Affairs reflecting the number ofyouths in the custody of the department receiving services out of state as follows: (A) The total number of males and the total number of females currently in inpatient psychiatric programs, excluding sexual offender treatment programs; and 20-46-106 PUBLIC HEALTHAND WELFARE 6 (B) The total number of males and the total number of females currently in inpatient psychiatric programs, including sexual offender treatment programs. (b) Before an emotionally disturbed youth is placed in an out-of-state treatment facility, the department shall make and document the following determinations: (1) Whether the emotionally disturbed youth has been appropriately and accurately diagnosed; (2) Whether an appropriate treatment facility exists within the state; (3) Whether there is an appropriate treatment facility in a border state; (4) Whether the facility being considered has the most appropriate program; (5) Whether the program requires payment of board, and if so, the amount; (6) Whether the total cost for treatment in the out-of-state facility exceeds the cost for treatment in state; (7) Where youth residing at the facility attend school, and whether the school is accredited; (8) What type ofprofessional staffis available at the facility; (9) What mechanisms are in place to address problems that are not within the purview ofthe program; (10) What other considerations exist in addition to the youth's emotional problems such as other medical conditions, travel expenses, wishes of the youth, best interests of the youth, effect of out-of-state placement on the youth, and proximity to the emotionally disturbed youth's family; and (11) What alternatives exist to out-of-state placement and the benefits and detriments ofeach alternative. (c) The determinations made under subsection (b) of this section shall be included in the youth's case file and shall be reviewed and considered by the juvenile courtjudge. (d) The report shall also include the number of out-of-state placements by county, including court-ordered placements or private placements. History. Acts 1989 (1st Ex. Sess.), No. 809, § 1; 1997, No. 312, § 15; 2005, No. 100, § 8; 1995, No. 765, § 1; 1995, No. 1958, § 2. — Subchapter 3 Community Mental Health Centers SECTION. SECTION. — 20-46-301. Departme—nt of Human Ser- 20-46-304. Minimum standards Adop- vices Division ofBehav—- tion. — ioral Health Services 20-46-306. Minimum standards Pur- Powers and duties. chasing procedures. 7 MENTAL HEALTHAGENCIESAND FACILITIES 20-46-301 SECTION. — SECTION. 20-46-307. Minimum standards Re- 20-46-315. Transfer of state's matching cords ofpurchases and ser- share, vice contracts. — 20-46-308. Minimum standards Peri- odic audits. — 20-46-301. Department ofHuman Services Division ofBehav- — ioral Health Services Powers and duties. (a) The Department ofHuman Services shall have the authority and power to create and maintain a Division ofBehavioral Health Services and to provide services for community mental health clinics and centers, which shall be administered through such divisions, offices, sections, or units of the department as may be determined by the Director ofthe Department ofHuman Services. (b) The department shall have the authority to establish or assist in the establishment and direction of those mental health clinics and centers in local and regional areas ofthe state which shall be operated under such divisions, offices, sections, or units of the department as may be determined by the director. (c) The department, in cooperation with the Arkansas Building Authority, may sell, donate, lease on a short-term or long-term basis, or assign the use of any property and equipment owned by the department, including real property, furniture, fixtures, and office equipment and supplies, to those community mental health clinics and centers to assist them in the advancement ofmental health in the state. (d) The department shall engage in programs of mental health education in cooperation with the state's governmental units and established mental health education organizations, organized civic groups, lay organizations, and recognized mental health authorities, utilizing therefor the facilities ofthose organizations and groups for the advancement ofmental health. (e)(1) In the event that a state-operated community mental health center acquires private nonprofit status, the division shall have the authority to lease employees ofthe division to perform services for the private nonprofit community mental health center to ensure the con- tinued delivery of satisfactory levels of mental health services consistent with the goals and objectives ofthe department and the division. (2) The director shall have the authority to negotiate an employee leasing arrangement with the private nonprofit community mental health center as an on-going contract to perform mental health services for the center. The arrangement shall provide, at a minimum: (A) For reimbursement for all leased division employee financial obligations with respect to wages, employment taxes, and employee benefits of each employee providing services for the center and for reimbursement of administrative costs associated with the leased employees; 20-46-304 PUBLIC HEALTHAND WELFARE 8 (B) That all leased employees are covered by workers' compensation insurance provided in conformance with laws of the state and which may be provided by either the department or the center; (C) That all leased employees shall be limited to providingservices to clients or in support ofclients which are consistent with the goals and objectives ofthe division and the department; (D) That the division and the department shall not be vicariously liable for the liabilities of the center, whether contractual or other- wise; (E) That the center shall provide liability insurance for the employees and indemnify the state for any actions ofthe employees; and (F) That the leasing arrangement shall not be effective for a period of time to exceed each state fiscal biennium, and that payment and performance obligations ofthe arrangement are subject to the avail- ability and appropriation of funds for the employees' salaries and other benefits. (3) Employerresponsibilities for leased employees shall be shared by the department and the community mental health center. The department shall be responsible for the administration and management of employee compensation and all employee benefit and welfare plans. The center may exercise day-to-day supervision and control of the employees' delivery of services in conformity with all division and department policies and procedures. History. Acts 1971, No. 433, ch. 2, § 1; Health Services" in the introductory lan- 1985, No. 348, § 7;A.S.A. 1947, § 59-301; guage; and substituted "Behavioral Acts 1993, No. 410, § 2; 2005, No. 2009, Health" for "Mental Health Services" in § 1; 2013, No. 980, § 7; 2013, No. 1132, (a). § 29; 2013, No. 1251, § 1. The 2013 amendment by No. 1251 sub- Amendments. The 2013 amendment gtituted "may sell, donate," for "to sell, to by No. 980 substituted "Behavioral" for jg^se" following "Arkansas Building Au- "^i^^^fil'o . , 1 thority" and deleted"anyand all kinds of .•T^^ «o t'^^^'^T^^ ^yj^; preceding "office equipment" in (c). stituted Behavioral Health for Mental — 20-46-304. Minimum standards Adoption. (a)(1) The Division ofBehavioral Health 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 professional standards and account- ing, statistical, and auditing standards. (b) In addition, the division shall adopt reasonable minimum standards and requirements for conflict ofinterest policies and purchasing procedures for community mental health centers. History.Acts 1985, No. 786, § 1;A.S.A. in (a), substituted "Behavioral" for "Men- 1947, § 59-317; Acts 2013, No. 980, § 8. tal" and designated subdivisions. Amendments. The 2013 amendment.