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20-64-903. Authority — Exemptions — Current programs.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-64-903. Authority — Exemptions — Current programs.
(a)(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt rules for the licensure of alcohol and drug abuse treatment programs in Arkansas.
(2) All persons, partnerships, associations, or corporations establishing, conducting, managing, or operating and holding themselves out to the public as alcohol abuse, drug abuse, or alcohol and drug abuse treatment programs shall be licensed by the division unless expressly exempted under this subchapter.
(3) No person, partnership, association, or corporation will be allowed to receive federal or state funds for treatment services until it has received a license.
(b) The following programs and persons are exempted from the requirements of this subchapter:
(1) Acute care, hospital-based alcohol and drug abuse treatment programs governed by §§ 20-9-201 and 20-10-213;
(2) Members of the clergy, Christian Science practitioners, and licensed professionals working within the standards of their respective professions, including without limitation:
(A) Attorneys;
(B) Counselors;
(C) Nurses;
(D) Physicians;
(E) Psychological examiners;
(F) Psychologists;
(G) School counselors; and
(H) Social workers;
(3) Treatment directly administered by the United States Department of Defense or any other federal agency; and
(4) Self-help or twelve-step programs such as Alcoholics Anonymous, Cocaine Anonymous, Narcotics Anonymous, Al-Anon, or Nar-Anon Family Groups.
(c)(1) The division shall license programs, other than methadone programs, that possess current unrestricted alcohol and drug abuse treatment program accreditation from the CARF International or the Council on Accreditation if the programs comply w
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-64-903
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-64-903
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 54ace015de3fd56f2a5da192c5216ea757f9cd207e294c5b3e415f8980acb3d3
Source location: content.xml paragraph 33554
Stored source content
20-64-903. Authority — Exemptions — Current programs.
(a)(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt rules for the licensure of alcohol and drug abuse treatment programs in Arkansas.
(2) All persons, partnerships, associations, or corporations establishing, conducting, managing, or operating and holding themselves out to the public as alcohol abuse, drug abuse, or alcohol and drug abuse treatment programs shall be licensed by the division unless expressly exempted under this subchapter.
(3) No person, partnership, association, or corporation will be allowed to receive federal or state funds for treatment services until it has received a license.
(b) The following programs and persons are exempted from the requirements of this subchapter:
(1) Acute care, hospital-based alcohol and drug abuse treatment programs governed by §§ 20-9-201 and 20-10-213;
(2) Members of the clergy, Christian Science practitioners, and licensed professionals working within the standards of their respective professions, including without limitation:
(A) Attorneys;
(B) Counselors;
(C) Nurses;
(D) Physicians;
(E) Psychological examiners;
(F) Psychologists;
(G) School counselors; and
(H) Social workers;
(3) Treatment directly administered by the United States Department of Defense or any other federal agency; and
(4) Self-help or twelve-step programs such as Alcoholics Anonymous, Cocaine Anonymous, Narcotics Anonymous, Al-Anon, or Nar-Anon Family Groups.
(c)(1) The division shall license programs, other than methadone programs, that possess current unrestricted alcohol and drug abuse treatment program accreditation from the CARF International or the Council on Accreditation if the programs comply with the following license standards:
(A) Clinical supervision;
(B) Health and safety;
(C) Physical plant;
(D) Progress note development;
(E) Treatment plan development; and
(F) Treatment plan review.
(2)(A) This subsection does not apply to methadone treatment programs operating in the State of Arkansas.
(B) All methadone treatment programs shall be licensed by the division.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-213. Definitions for §§ 20-10-213 — 20-10-228.
As used in this section and §§ 20-10-214 — 20-10-228:
(1) “Department” means the Department of Human Services;
(2) “Director” means the Director of the Office of Long-Term Care;
(3) “Federal act” means the Hospital Survey and Construction Act, Pub. L. No. 79-725, as amended;
(4)(A)(i) “Institution” means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor’s suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.
(ii) “Institution” also includes an outpatient surgery center and an alcohol and drug abuse treatment center.
(B) No establishment operated by the United States Government or an agency thereof is within this definition;
(5)(A) “Long-term care facility” means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who because of age, illness, blindness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and where a charge is made for that reception, accommodation, board, care, or treatment.
(B) “Long-term care facility” does not include:
(i) The offices of private physicians and surgeons;
(ii) Hospitals;
(iii) Recuperation centers;
(iv) Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services;
(v) Institutions operated by the United States Governme
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-213
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-10-213. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-201. Definitions.
As used in this subchapter:
(1) “Administrator” means the chief administrative officer in the Division of Health Facilities Services;
(2) “Alcohol and drug abuse inpatient treatment center” means a distinct unit within a hospital facility in which services are provided for the diagnosis, treatment, and rehabilitation of alcohol and drug abuse;
(3) “Federal act” means the Hospital Survey and Construction Act, Pub. L. No. 79-725;
(4)(A) “Hospital” means a public health center, a general, tuberculosis, mental, or chronic disease hospital, or a related facility such as a laboratory, outpatient department, nurses home or training facility, or a central service facility operated in connection with a hospital.
(B) “Hospital” does not include an establishment:
(i) Furnishing primarily domiciliary care; or
(ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;
(5)(A) “Institution” means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor, suffering from illness, injury, or deformity, or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.
(B) “Institution” also includes an outpatient surgery center, outpatient psychiatric center, and infirmary.
(C) “Institution” does not include an establishment:
(i) Operated by the United States Government or by any of its agencies; or
(ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;
(6) “Medical facility” means a dia
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-9-201. This identifies an authority to review, not proof of applicability.