20-47-803. Definitions.

20-47-803. Definitions. As used in this subchapter: (1) “Activities of daily living” means without limitation: (A) Ambulating; (B) Transferring; (C) Eating; (D) Bathing; (E) Dressing; (F) Grooming; and (G) Toileting; (2)(A) “Behavioral health impairment” means a substantial impairment of emotional processes, the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions that interfere with one (1) or more activities of daily living. (B) “Behavioral health impairment” may include a temporary behavioral health or mental impairment that results when an individual is under the influence of alcohol or a controlled substance to the extent that the impairment is substantial to the point of meeting the definition under subdivision (2)(A) of this section and is a manifestation of a mental health condition or a substance abuse disorder; (3) “Community mental health center” means an entity recognized by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services under § 20-46-301 et seq.; (4) “Comprehensive psychiatric emergency service” means a specialized psychiatric service operated by a crisis stabilization unit and located in or near a hospital or other facility that can provide psychiatric emergency services for a period of time greater than can be provided in the hospital or other facility; (5) “Crisis intervention protocol” means the implementation of established methods and procedures, including the creation of a behavioral health crisis intervention team and establishment of a crisis stabilization unit, to address a criminal or otherwise dangerous act by a member of the public who is an individual with a behavioral health impairment in a manner that results in the management of the individual's behavioral health impairment to the point that the individual is substantially less likely to commit a criminal or otherwise dangerous act; (6)(A) “Crisis intervention team” means a community partnership among law enforcement agencies and jail personnel, healthcare providers, and mental health professionals. (B) A crisis intervention team also may include consumers and family members of consumers to serve in an advisory capacity; (7) “Crisis intervention team officer” means a law enforcement officer who is: (A) Authorized to make arrests under the laws of this state; (B) Trained and certified in behavioral health crisis intervention by law enforcement under § 12-9-119; and (C) Employed by a law enforcement agency that is a participating partner in a crisis intervention team; (8) “Crisis stabilization unit” means a public or private facility operated by or used by a behavioral health crisis intervention team in the administration of a behavioral health crisis intervention protocol; (9) “Crisis stabilization unit catchment area” means the geographical area that a crisis stabilization unit serves; (10) “Extended observation bed” means a bed that is used by a comprehensive psychiatric emergency service in a facility certified by the Department of Human Services, or a division of the department, for the purpose of providing comprehensive psychiatric emergency services; (11) “Mental health professional” means a person qualified by licensure and experience in the diagnosis and treatment of behavioral health conditions; (12) “Participating partner” means a law enforcement agency, a community mental health center, a consumer, a crisis stabilization unit, a mental health services provider, mental health professional, or a hospital that has entered into the collaborative agreement required under § 20-47-806 to implement a crisis intervention protocol; (13) “Psychiatric emergency services” means services provided by mental health professionals that are designed to reduce the acute psychiatric symptoms of an individual with a behavioral health impairment and, when possible, to stabilize that individual so that continuing treatment can be provided in the individual's community; (14) “Psychiatric nurse practitioner” means a registered nurse licensed and certified by the Arkansas State Board of Nursing as an advanced practice nurse under the title of “Clinical Nurse Practitioner” or “Clinical Nurse Specialist” who: (A) Has completed at least one (1) year of advanced practice nursing as a clinical nurse practitioner or clinical nurse specialist; and (B) Is working within the scope of practice as authorized by law; (15) “Psychiatric physician assistant” means a physician assistant licensed by the Arkansas State Medical Board who: (A) Has completed at least one (1) year of practice as a physician assistant employed by a community mental health center; and (B) Is working under the supervision of a physician at a crisis stabilization unit; (16) “Substantial likelihood of bodily harm” means: (A) That an individual: (i) Has threatened or attempted to commit suicide or to inflict serious bodily harm against himself or herself; (ii) Has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another person, and there is a reasonable probability that the conduct will occur; (iii) Has placed another person in reasonable fear of serious bodily harm; or (iv) Is unable to avoid severe impairment or injury from a specific risk; and (B) There is a substantial likelihood that serious bodily harm will occur unless the individual is provided psychiatric emergency services and treatment; and (17) “Triage and referral services” means services designed to provide evaluation of an individual with a behavioral health impairment as defined under subdivision (2)(A) of this section in order to direct that individual to a community mental health center, mental health facility, hospital, or other mental health services provider that can provide appropriate treatment.