(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(2) [Repealed.]
(3) [Repealed.]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.
Structure Arkansas Code