1. (a) Consideration for a discharge may be given upon the recommendation of the:

   1. (1) Individual’s interdisciplinary team; or
   2. (2) Office of Long-Term Care Inspection of Care Team.

2. (b) Discharge will be given upon:

   1. (1) The request of a competent adult individual, the individual’s parent/guardian or legal representative if he or she is a minor, or according to the specific provisions of the individual’s guardianship and/or power of attorney document; or
   2. (2) Even without a request for discharge, an HDC superintendent must discharge an individual upon determination by HDC professionals that the individual is no longer eligible for admission or retention, i.e., that he or she is no longer in need of and able to benefit from active treatment provided at the HDC and is able to access appropriate and adequate services in another setting.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "II. SUBSTANTIVE RULES:"