1. (a)

   1. (1) The facility must ensure that all alleged or suspected incidents involving resident abuse, exploitation, neglect, or misappropriations of resident property are thoroughly investigated.
   2. (2) The facility’s investigation must be in conformance with the process and documentation requirements specified on Form DMS-742, and must prevent the occurrence of further incidents while the investigation is in progress.

2. (b)

   1. (1) The results of all investigations must be reported to the facility’s administrator or designated representative and to other officials in accordance with state law, including the Office of Long-Term Care, within five (5) working days of the facility’s knowledge of the incident.
   2. (2) If the alleged violation is verified, appropriate corrective action must be taken.

3. (c)

   1. (1) DMS-742 shall be completed and mailed to the office by the end of the fifth working day following discovery of the incident by the facility.
   2. (2) DMS-742 may be amended and resubmitted at any time circumstances require.

4. (d) Reporting suspected abuse or neglect. The facility’s written policies and procedures shall include, at a minimum, requirements specified in this section:

   1. (1) The requirement that the facility’s administrator or his or her designated agent immediately reports all cases of suspected abuse or neglect of residents of an assisted living facility to the local law enforcement agency in which the facility is located as required by the Adult and Long-Term Care Facility Resident Maltreatment Act, Arkansas Code § 12-12-1701 et seq., as amended;
   2. (2) The requirement that the facility’s administrator or his or her designated agent report suspected abuse or neglect to the office as specified in this section;

   3. (3)

      1. (A) The requirement that all facility personnel/staff/employees who have reasonable cause to suspect that a resident has been subjected to conditions or circumstances that have resulted in abuse or neglect are required to immediately notify the facility administrator or his or her designated agent.
      2. (B) This does not negate that all mandated reporters employed by or contracted with the facility shall report immediately to the local law enforcement agency in which the facility is located as required by the Adult and Long-Term Care Facility Resident Maltreatment Act, Arkansas Code § 12-12-1701 et seq.;

   4. (4)

      1. (A) The requirement that, upon hiring, each facility employee be given a copy of the abuse or neglect reporting and prevention policies and procedures and sign a statement that the policies and procedures have been received and read.
      2. (B) The statement shall be filed in the employee’s personnel file; and
   5. (5) The requirement that all facility personnel receive annual in-service training in identifying, reporting, and preventing suspected abuse or neglect, and that the facility develops and maintains policies and procedures for the prevention of abuse and neglect and accidents.

5. (e)

   1. (1) When the office makes a finding that a facility employee or personnel of the facility committed an act of abuse, neglect, or misappropriation of resident property against a resident, the name of that employee or personnel shall be placed in the Employment Clearance Registry of the office.
   2. (2) If the employee or personnel against whom a finding is made is a CNA, the name of the CNA will be placed in the CNA Registry of the office.
   3. (3) Further, the office shall make report of its finding to the appropriate licensing or enforcement agencies.

Codification Notes: “CNA” means certified nursing assistant.