1. (a) The psychiatric residential treatment facility shall have personnel policies which include, but are not limited to, defining staff roles, essential job functions, qualifications, and lines of authority.

2. (b) The psychiatric residential treatment facility shall have:

   1. (1) A written plan for recruitment, screening, orientation, ongoing training, development, supervision, and performance evaluation of staff members whether directly employed or contracted;
   2. (2) Written personnel policies and written job descriptions for each staff position;
   3. (3) Written employee grievance procedures;

   4. (4) Written policies that ensure that accurate and current information is maintained regarding all staff members of the psychiatric residential treatment facility, to include, at least:

      1. (A) Address;
      2. (B) Phone number; and
      3. (C) Personal, work, and training background; and

   5. (5)

      1. (A) Written policies that ensure that, when a psychiatric residential treatment facility outsources services normally provided by the psychiatric residential treatment facility, there must be a written/contractual agreement with the source/contractor that describes how and exact services to be provided, when the services are to be provided, and that the services are only to be provided by qualified individuals.
      2. (B) Example services may include but are not limited to staffing, training, recreation, food service, professional consultant, maintenance, or transportation.
      3. (C) The source shall comply with this part in regard to resident care, services, and rights.

3. (c) The psychiatric residential treatment facility shall have written policies, contracts, and practices to ensure:

   1. (1) The availability of adequate psychiatric services to meet the following requirements:

      1. (A) Provide medical oversight of all of the clinical aspects of care and provide twenty-four (24) hours per day and seven (7) days per week psychiatric on-call coverage;
      2. (B) Assess each resident’s medication and treatment needs including administration of medication, prescribe medications or otherwise ensure the case management and consultation services are provided to obtain prescriptions, and prescribe therapeutic modalities to achieve the resident's individual treatment plan's goals; and
      3. (C) Participate in the psychiatric residential treatment facility’s individual plan of care team and quality assessment and improvement process;
   2. (2) Sufficient supervision of all residents twenty-four (24) hours per day.

4. (d)

   1. (1) There shall be a single organized professional staff that has the overall responsibility for the quality of all clinical care provided to residents and for the ethical conduct and professional practices of its staff, as well as for accounting to the governing body or management team.
   2. (2) The manner in which the professional staff is organized shall be consistent with the psychiatric residential treatment facility’s documented staff organization and policies and shall pertain to the setting where the psychiatric residential treatment facility is located.
   3. (3) The organization of the professional staff and its policies shall be approved by the psychiatric residential treatment facility’s governing body or management team.

5. (e)

   1. (1) The staff of a psychiatric residential treatment facility shall have the appropriate qualifications to provide the services required by its residents’ comprehensive plans of care.
   2. (2) Each member of the direct care staff may not practice beyond the scope of his or her license, certification, or training.

6. (f)

   1. (1) A psychiatric residential treatment facility must conduct criminal background checks for all staff as required by Arkansas Code §§ 20-38-101 – 20-38-113 and applicable minimum licensing standards.
   2. (2) A psychiatric residential treatment facility must conduct a Child Maltreatment Central Registry check on each employee prior to hiring and at least every two (2) years thereafter.
   3. (3) A psychiatric residential treatment facility must conduct an Arkansas Adult and Long-term Care Facility Resident Maltreatment Central Registry check on each employee prior to hiring and at least every two (2) years thereafter.

   4. (4)

      1. (A) A psychiatric residential treatment facility must conduct a five-panel drug screen that tests for the use of illegal drugs on each employee prior to hiring for employees hired after November 1, 2025, and at least every two (2) years after hiring.
      2. (B) For employees hired prior to November 1, 2025, a PRTF will have one hundred twenty (120) days from November 1, 2025, to administer the initial drug screen.
   5. (5) A psychiatric residential treatment facility must conduct an Arkansas Sex Offender Registry search on each employee prior to hiring and at least every two (2) years thereafter.

7. (g) Personnel Records.

   1. (1) The psychiatric residential treatment facility shall maintain on file a written or electronic personnel record for each employee working at the psychiatric residential treatment facility, which shall be kept for at least five (5) years following an employee's separation from employment.

   2. (2) The personnel record shall include:

      1. (A) An application, resumé, or staff information sheet that documents qualifications for the position;
      2. (B) Any health records required by the psychiatric residential treatment facility;
      3. (C) Annual performance evaluations and any reports and notes relating to the individual's employment with the psychiatric residential treatment facility;
      4. (D) Documentation of the successful completion of orientation, training, and demonstrations of competency, the dates of completion, and the names of the persons certifying the completion of the orientation, training, and demonstrations of competency;
      5. (E) Date of employment; and
      6. (F) Date and reason for leaving employment.

Codification Notes: "PRTF" means a psychiatric residential treatment facility.