i. “Abuse” means the causing or permitting of harm or threatened harm to the health, safety, or welfare of a resident by a staff responsible for the client's health, safety, or welfare, including but not limited to: non-accidental physical injury or mental anguish; sexual abuse; sexual exploitation; use of mechanical restraints without proper authority; the intentional use of excessive or unauthorized force aimed at hurting or injuring the resident; or deprivation of food, clothing, shelter, or healthcare by a staff responsible for providing these services to a resident.

ii. “Adverse license action” means any action by a licensing authority that is related to client care, any act or omission warranting exclusion under DHS Policy 1088, or that imposes any restriction on the licensee's practice privileges. The action is deemed to exist when the licensing entity imposes the adverse action except as provided in Ark. Code Ann. § 25-15-211 (c).

iii. “Certification” means a written designation, issued by DHS, declaring that the provider has demonstrated compliance as declared within and defined by this rule.

iv. “Clinical privileging” means an organized method for treatment facilities to authorize an individual permission to provide specific care and treatment services to clients within well-defined limits, based on the evaluation of the individual's license, education, training, experience, competence, judgment, and other credentials.

v. “Client” means any person for whom a Partial Hospitalization Program furnishes, or has agreed or undertaken to furnish, services.

vi. “Co-occurring disorder” means any combination of mental health and substance use disorder symptoms or diagnoses in a client.

vii. “Co-occurring disorder capability” means the organized capacity within any type of program to routinely screen, identify, assess, and provide properly matched interventions to individuals with co-occurring disorders.

viii. “Compliance” means conformance with:

ix. “Critical incident” means an occurrence or set of events inconsistent with the routine operation of the facility, or the routine care of a client. Critical incidents specifically include but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to clients, staff and visitors; medication errors; clients that are absent without leave (AWOL); neglect or abuse of a client; fire; unauthorized disclosure of information; damage to or theft of property belonging to a clients or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results.

x. “Deficiency” means an item or area of noncompliance.

xi. “DHS” means the Arkansas Department of Human Services.

xii. “Initial Assessment” means examination of current and recent behaviors and symptoms of an individual who appears to be mentally ill or substance dependent.

xiii. “Intervention plan” means a description of services to be provided in response to the presenting crisis situation that incorporates the identified problem(s), strengths, abilities, needs and preferences of the individual served.

xiv. “Linkage services” means the communication and coordination with other service providers that assure timely appropriate referrals between the Partial Hospitalization Program and other providers.

xv. “Mental health professional” or “MHP” means a person who possesses an Arkansas license to provide clinical behavioral health care. The license must be in good standing and not subject to any adverse license action.

xvi. “Minor” means any person under eighteen (18) years of age.

xvii. “Performance Improvement” or “PI” means an approach to the continuous study and improvement of the processes of providing health care services to meet the needs of clients and others. Synonyms, and near synonyms include continuous performance improvement, continuous improvement, organization-wide performance improvement and total quality management.

xviii. “Persons with special needs” means any persons with a condition which is considered a disability or impairment under the “American with Disabilities Act of 1990” including, but not limited to the deaf/hearing impaired, visually impaired, physically dis-abled, developmentally disabled, persons with disabling illness, persons with mental illness and/or substance abuse disorders. See “Americans with Disabilities Handbook,” published by U.S. Equal Employment Opportunity Commission and U.S. Department of Justice.

xix. “Professionally recognized standard of care” means that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession. Conformity with Substance Abuse and Mental Health Services Administration (SAMHSA) evidence-based practice models is evidence of compliance with professionally recognized standards of care.

xx. “Progress notes” mean a chronological description of services provided to a client, the client's progress, or lack of, and documentation of the client's response related to the intervention plan.

xxi. “Provider” means an entity that is certified by DHS as a Partial Hospitalization Program and enrolled by DMS as a Behavioral Health Agency.

xxii. “Psychosocial evaluations” are in-person interviews conducted by professionally trained personnel designed to elicit historical and current information regarding the behavior and experiences of an individual, and are designed to provide sufficient information for problem formulation and intervention.

xxiii. “Qualified Behavioral Health Provider” means a person who:

xxiv. “Restraint” refers to manual, mechanical, and chemical methods that are intended to restrict the movement or normal functioning of a portion of the individual's body. For clients: mechanical restraints shall not be used.

xxv. “Sentinel event” is a type of critical incident that is an unexpected occurrence involving the death or serious physical or psychological injury to a client, or risk thereof. Serious injury specifically includes loss of limb or function. The phrase “or risk thereof” includes a variation in approved processes which could carry a significant chance of a serious adverse outcome to a client. These events signal the need for immediate investigation and response. Sentinel events include, but are not limited to: suicide, homicide, criminal activity, assault and other forms or violence, including domestic violence or sexual assault, and adverse drug events resulting in serious injury or death.

xxvi. “Trauma Informed” means the recognition and responsiveness to the presence of the effects of past and current traumatic experiences in the lives of all clients.