(a) To ensure that mental health services which are allowable and delivered by a Department of Human Services-certified mental health professional comply with applicable laws, which require, among other things, that all deaf and hard of hearing persons have access to appropriate mental health services that are provided:

1. (1) In the primary communication method of the individual, as determined by the preference of the individual who is deaf or hard of hearing, or by an appropriate communication assessment, or both;
2. (2) Using appropriate accommodations and access services; and

3. (3) By the following licensed mental health professionals:

   1. (A) Psychiatrists;
   2. (B) Advance practice registered nurses;
   3. (C) Psychologists;
   4. (D) Therapists;
   5. (E) Counselors; and
   6. (F) Social workers.

(b)

1. (1) Deaf and hard of hearing Arkansans have a right to receive accessible, culturally affirmative, and linguistically appropriate mental health services.

2. (2)

   1. (A) The needs may vary greatly.
   2. (B) For culturally Deaf people, linguistically appropriate may mean that the services are delivered in American Sign Language by a mental health provider who understands Deaf culture.
   3. (C) For someone who is hard of hearing, culturally appropriate and accessible services may mean that the services are delivered through the use of assistive listening technology.

(c)

1. (1) The establishment of a certification will increase the capacity of the mental health professionals in Arkansas to respond more appropriately to the varying needs of deaf and hard of hearing Arkansans.
2. (2) The purpose of this certification is to increase the capacity of mental health professionals in Arkansas to provide culturally affirmative, accessible, and linguistically appropriate mental health services to Arkansans who are deaf or hard of hearing.
3. (3) These professionals shall recognize when appropriate referrals need to be made or other professionals need to be consulted.

(d) Professionals certified to provide mental health services to people who are deaf or hard of hearing shall possess the following competencies:

1. (1) Fluency in the primary language or communication method of the individual who is deaf or hard of hearing;
2. (2) Understanding of the unique experience of being deaf or hard of hearing in a hearing world;
3. (3) Knowledge of the barriers deaf and hard of hearing people face and solutions for removing those barriers in the delivery of mental health services;
4. (4) Knowledge of effective strategies for provision of services; and
5. (5) Ability to collaborate skillfully with interpreters and other access providers.