Visitation rights
Effective Oct 27, 2025Ark. R. 2025-27 (eff. October 27, 2025).Arkansas Code § 20-76-201; Arkansas Code § 25-10-129
(a) In accordance with Arkansas Code § 20-6-407:
- (1) A psychiatric residential treatment facility shall allow visitation as needed by the resident to alleviate physical or mental distress;
- (2) Personal contact with a resident is permitted during visitation if the psychiatric residential treatment facility protocol is followed;
- (3) A psychiatric residential treatment facility shall work with residents, families, caregivers, resident representatives, and medical providers, and may include the ombudsman program under Arkansas Code § 20-10-602 to identify the need for visitation, using a person-centered approach that takes the resident’s requests into account;
(4) The psychiatric residential treatment facility may limit:
- (A) The number of visitors per resident at a time based on the size of the building and physical space; and
- (B) Movement in the psychiatric residential treatment facility, such as requiring the visitor to go directly to the resident’s room or designated visitation area.
(b) In accordance with Arkansas Code § 20-6-411, a psychiatric residential treatment facility may establish visitation policies that limit or restrict visitation when:
- (1) The presence of visitors would be medically or therapeutically contraindicated;
- (2) The presence of visitors would interfere with the care of or rights of any resident;
- (3) Visitors are engaging in disruptive, threatening, or violent behavior toward any staff member, resident, or other visitor; or
- (4) Visitors are noncompliant with the psychiatric residential treatment facility policy.
(c) The psychiatric residential treatment facility shall provide immediate access at any time to the resident by:
- (1) A representative of the Office of Long-Term Care, the Centers for Medicare & Medicaid Services, and the Department of Human Services or the department’s contractor;
- (2) The resident’s physician; and
- (3) The resident’s representative.
(d)
- (1) The right to visit or be visited by family and friends is subject only to reasonable rules and to any specific restrictions in the resident’s treatment plan.
- (2) Special restrictions shall be imposed only to prevent serious harm to the resident.
- (3) The reasons for any special restrictions shall be recorded in the resident’s treatment plan.