{"data":{"id":"us-ar/ark.-code-ann.-20-46-702","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 20-46-702","heading":"Definitions","body":"(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 (B) In no event shall a brief hold be construed as a personal restraint; (2) [Repealed.] (3) [Repealed.]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. 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.\n\n(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\nent 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.\n\n(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;\n\n(A) \"Brief hold\" means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident.\n\n(B) In no event shall a brief hold be construed as a personal restraint;\n\n(2) [Repealed.]\n\n(3) [Repealed.]\n\n(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;\n\n(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;\n\n(A) \"Seclusion\" means a behavior-control technique involving the involuntary confinement of a resident in locked isolation.\n\n(B) In no event shall verbal direction be construed as seclusion;\n\n(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;\n\n(A) Burns;\n\n(B) Lacerations;\n\n(C) Bone fractures;\n\n(D) Substantial hematoma; and\n\n(E) Injuries to internal organs, whether self-inflicted or inflicted by someone else;\n\n(7) \"Serious occurrence\" means a resident's death, serious injury, or suicide attempt;\n\n(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;\n\n(9) \"Survey\" means any process by which compliance with federal law and regulations applicable to a program provider is determined;\n\n(10) \"Survey team\" means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and\npurpose of inflicting death or serious injury to the resident as determined by the provider's qualified medical personnel;\n\n(9) \"Survey\" means any process by which compliance with federal law and regulations applicable to a program provider is determined;\n\n(10) \"Survey team\" means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and\n\n(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.\n\n(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.\n\n(B) In no event shall a time-out be construed as a seclusion.\n\n(C) In no event shall verbal direction be construed as time-out.\n\n(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.","path":["AR Code","Title 20","Chapter 46","Subchapter 7"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"5a428e5e7ee75a8b18a82dd3a0c76e0613de9cd5a8df88445cffc4961914ac3d","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-20-46-701","next":"us-ar/ark.-code-ann.-20-46-703"},"notice":"GroundRules: Original legal text. Not legal advice."}
