1. (a)

   1. (1) Psychiatric residential treatment facilities shall be operated, conducted, or maintained in Arkansas by obtaining a license pursuant to the provisions in this section.
   2. (2) All psychiatric residential treatment facilities shall be licensed by the Office of Long-Term Care, which is the sole licensing authority for psychiatric residential treatment facilities in the State of Arkansas.
   3. (3) It shall be unlawful to operate a psychiatric residential treatment facility without possessing a current, valid license issued by the office and each psychiatric residential treatment facility shall be separately licensed.

2. (b) A psychiatric residential treatment facility license shall:

   1. (1) Be issued only to the person or entity named in the license application;
   2. (2) Be valid only for the psychiatric residential treatment facility to which it is issued and only for the specific geographic address of that psychiatric residential treatment facility;
   3. (3) Expire on the expiration date listed on the license, unless renewed, according to the office’s psychiatric residential treatment facility licensing renewal timeframes; and
   4. (4) Not be subject to sale, assignment, donation, or other transfer, without prior approval by the Health Services Permit Agency and the office.
3. (c) No branches, satellite locations, or offsite campuses shall be authorized for a psychiatric residential treatment facility.

4. (d) The licensed psychiatric residential treatment facility shall abide by and adhere to any state law, rules, policy, procedure, applicable Medicaid manual, or memoranda pertaining to such psychiatric residential treatment facilities including but not limited to:

   1. (1) Individual plan of care, 42 C.F.R. § 441.155 (1996);
   2. (2) Team developing individual plan of care, 42 C.F.R. § 441.156 (1978);
   3. (3) Purpose, 42 C.F.R. § 456.600 (1996);
   4. (4) Condition of Participation for the Use of Restraint or Seclusion in Psychiatric Residential Treatment Facilities Providing Inpatient Psychiatric Services for Individuals Under Age 21, 42 C.F.R. pt. 483, subpt. G (2001);
   5. (5) Basis and scope, 42 C.F.R. § 483.350 (2001);
   6. (6) Definitions, 42 C.F.R. § 483.352 (2001);
   7. (7) General requirements for psychiatric residential treatment facilities, 42 C.F.R. § 483.354 (2001);
   8. (8) Protection of residents, 42 C.F.R. § 483.356 (2001);
   9. (9) Orders for the use of restraint or seclusion, 42 C.F.R. § 483.358 (2001);
   10. (10) Consultation with treatment team physician, 42 C.F.R. § 483.360 (2001);
   11. (11) Monitoring of the resident in and immediately after restraint, 42 C.F.R. § 483.362 (2001);
   12. (12) Monitoring of the resident in and immediately after seclusion, 42 C.F.R. § 483.364 (2001);
   13. (13) Notification of parent(s) or legal guardian(s), 42 C.F.R. § 483.366 (2001);
   14. (14) Application of time out, 42 C.F.R. § 483.368 (2001);
   15. (15) Postintervention debriefings, 42 C.F.R. § 483.370 (2001);
   16. (16) Medical treatment for injuries resulting from an emergency safety intervention, 42 C.F.R. § 483.372 (2001);
   17. (17) Facility reporting, 42 C.F.R. § 483.374 (2001);
   18. (18) Education and training, 42 C.F.R. § 483.376 (2001);
   19. (19) Inspections of Care in Intermediate Care Facilities and Institutions for Mental Diseases, 42 C.F.R. pt. 456, subpt. I (1978);
   20. (20) Basis and purpose, 42 C.F.R. § 483.400 (1991);
   21. (21) Relationship to other HHS regulations, 42 C.F.R. § 483.405 (1991);
   22. (22) Condition of participation: Governing body and management, 42 C.F.R. § 483.410 (1991);
   23. (23) Condition of participation: Client protections, 42 C.F.R. § 483.420 (1991);
   24. (24) Condition of participation: Facility staffing, 42 C.F.R. § 483.430 (1991);
   25. (25) Condition of participation: Active treatment services, 42 C.F.R. § 483.440 (1991);
   26. (26) Condition of participation: Client behavior and facility practices, 42 C.F.R. § 483.450 (1991);
   27. (27) Condition of participation: Health care services, 42 C.F.R. § 483.460 (2021);
   28. (28) Condition of participation: Physical environment, 42 C.F.R. § 483.470 (1991);
   29. (29) Condition of participation: Emergency preparedness, 42 C.F.R. § 483.475 (2019); and
   30. (30) Condition of participation: Dietetic services, 42 C.F.R. § 483.480 (1991).

Codification Notes: "HHS" means the United States Department of Health and Human Services.