Mental Health Agencies and Facilities

Ark. Code Ann. tit. 20, ch. 46

in effect

Ark. Code Ann. § 20-46-107 Colocation for outpatient behavioral healthcare agencies - Legislative findings.

(a) The General Assembly finds that: (1) Sites for outpatient behavioral healthcare agencies have been prohibited from being adjunct to or colocated with non-behavioral healthcare services or facilities; (2) Integrated care is best practice and should be the standard set in this state; and (3) It would be advantageous for a client's health if outpatient behavioral health services were colocated with primary care services or facilities. (b) Outpatient behavioral healthcare agencies may be certified when adjunct to or colocated with non-behavioral healthcare services or facilities such as a school, a day care facility, a long-term care facility, or the office or clinic of a physician or psychologist.

Ark. Code Ann. § 20-46-302 Department of Human Services — Power to regulate — Funding.

(a) The Arkansas State Hospital shall have the power to establish guidelines and rules in the administration of this section. (b)(1) The Arkansas State Hospital through the Department of Human Services is authorized and empowered to assist community mental health centers and clinics in providing funds for medication required for the treatment of mental illness for medically indigent patients at a rate not to exceed five cents (5¢) per capita of the geographical area served by those community mental health centers or clinics. (2) The most recent federal census will be used in determining the per capita of the area on which an allocation is made. (c)(1) Disbursement of funds authorized by this section shall be limited to the appropriations for the department and funds made available by law for the support of the appropriations. (2) The restrictions of the Arkansas Procurement Law, § 19-61-101 et seq.; the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq.; the Revenue Stabilization Law, § 19-20-101 et seq.; and other fiscal control laws of the state, where applicable, and rules promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of the funds.

Ark. Code Ann. § 20-46-401 Admission of children to psychiatric residential treatment facilities.

(a) A psychiatric residential treatment facility licensed under this subchapter and holding a permit from the Health Services Permit Agency or the Health Services Permit Commission shall not admit a child for psychiatric residential treatment unless the child is: (1) An Arkansas resident; (2) A child of a parent who is an Arkansas resident; (3) A child placed by or on behalf of another state’s child welfare agency; (4) A child for whom the facility is being paid by another state's Medicaid program; (5) A child of an active-duty member or veteran of the uniformed services as defined in § 6-4-302; or (6) A nonresident child victim of human trafficking when the regulated facility maintains responsibility for the return of the child to an out-of-state custodian. (b) The Department of Human Services may promulgate rules to enforce this section.

Ark. Code Ann. § 20-46-402 Licensure — Unlawful acts.

(a)(1) It is unlawful for any person, partnership, group, corporation, association, or other entity or identifiable group of entities having a coordinated ownership with controlling interest to operate or assist in the operation of a psychiatric residential treatment facility that has not been licensed by the Office of Long-Term Care under this subchapter. (2) Before obtaining a license under this subchapter, a psychiatric residential treatment facility shall obtain a permit from the Health Services Permit Agency or Health Services Permit Commission to operate in Arkansas. (3) The bed capacity allowed by the permit issued by the Health Services Permit Agency or Health Services Permit Commission includes both in- state and out-of-state clients. (4) Any expansion of bed capacity by an existing licensee shall require a license from the office and a permit from the Health Services Permit Agency. (5)(A) A license issued by the office under this subchapter is effective unless revoked, suspended, or terminated by the office. (B) In addition to any other basis provided by law or rule, the Department of Human Services shall terminate the license of a psychiatric residential treatment facility licensee that has not been in operation for a consecutive twelve-month period. (C) The department may revoke, suspend, or terminate a license upon any basis provided by law or rule, including without limitation the failure to be in operation or in substantial compliance for a consecutive six-month period. (b) It is unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter, to knowingly violate the orders issued by the department, or to advertise for inpatient psychiatric residential treatment when not licensed under this subchapter to provide those services. (c) Any violation of this section shall constitute a Class D felony.

Ark. Code Ann. § 20-46-403 Licensure posting and display.

If the Department of Human Services issues a license to operate a psychiatric residential treatment facility, the license shall be posted and displayed in a conspicuous place in the facility and must state at a minimum: (1) The full legal name of the person, partnership, group, corporation, organization, association, or other entity or identifiable group of entities having a coordinated ownership with controlling interest holding the license, including the business name, if different; (2) The address of the psychiatric residential treatment facility; (3) The effective date and expiration date of the license, if applicable; (4) The type of psychiatric residential treatment facility the licensee is authorized to operate; (5) The ages and maximum number of children that may receive services from the psychiatric residential treatment facility; (6) The status of the license, whether regular, provisional, or probationary; and (7) Any special conditions or limitations of the license.

Ark. Code Ann. § 20-46-404 Services provided by psychiatric residential treatment facilities.

(a) A psychiatric residential treatment facility licensed under this subchapter shall: (1)(A) Provide a range of comprehensive services to treat the psychiatric condition of residents on an inpatient basis under the direction of a physician. (B) The psychiatric residential treatment facility shall certify that: (i) Ambulatory care services available in the community do not meet the treatment needs of the resident; (ii) Proper treatment of the resident's psychiatric condition requires services on an inpatient basis under the direction of a physician; and (iii) The services can reasonably be expected to improve the resident’s condition or prevent further regression so that the services will no longer be needed. (C) The certification required in subdivision (a)(1)(B) of this section shall be made by an independent team that: (i) Includes a physician; (ii) Has competence in diagnosis and treatment of mental illness, preferably in child psychiatry; and (iii) Has knowledge of the resident's situation; and (2) Provide services to a resident according to an individual plan of care that: (A) Is based on a diagnostic evaluation that includes examination of the medical, psychological, social, behavioral, and developmental aspects of the resident's situation and reflects the need for inpatient psychiatric care; (B) Is developed by a team of professionals in consultation with the resident, parents, legal guardians, or other individuals in whose care the resident will be released after discharge; (C) Describes clear and concise treatment objectives; (D) Ensures continuity of care with the resident’s family, school and educational requirements, and community upon discharge; (E) Determines that services being provided are or were required on an inpatient basis; and (F) Recommends changes in the plan of care as indicated by the resident's overall adjustment as an inpatient. (b) The Department of Human Services shall promulgate rules to implement this subchapter, which shall include components that ensure quality of care, health and safety of residents and facility staff, and compliance with all educational requirements.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026