Arkansas Code Title 12, Subtitle 2, Chapter 12, Subchapter 17 - Adult and Long-Term Care Facility Resident Maltreatment Act

• § 12-12-1701 - Title.
  This subchapter shall be known and may be cited as the "Adult and Long-Term Care Facility Resident Maltreatment Act".
• § 12-12-1702 - Purpose.
  The purpose of this subchapter is to: (1) Provide a system for the reporting of known or suspected adult and long-term care facility resident...
• § 12-12-1703 - Definitions.
  As used in this subchapter: (1) (A) "Abuse" means with regard to any long-term care facility resident or any patient at the Arkansas State...
• § 12-12-1704 - Spiritual Treatment Alone Not Abusive.
  Nothing in this subchapter shall be construed to mean that an endangered person or an impaired person who is being furnished with treatment by...
• § 12-12-1705 - Privilege Not Grounds for Exclusion of Evidence.
  Any privilege between husband and wife or between any professional person and his or her clients, except lawyer and client, including, but not limited...
• § 12-12-1706 - Civil Penalties.
  (a) (1) The State of Arkansas and the Attorney General may institute a civil action against any long-term care facility caregiver necessary to enforce...
• § 12-12-1707 - Adult and Long-Term Care Facility Resident Maltreatment Hotline.
  (a) The Department of Human Services shall maintain a single statewide telephone number that all persons, whether mandated by law or not, may use...
• § 12-12-1708 - Persons Required to Report Adult or Long-Term Care Facility Resident Maltreatment.
  (a) (1) Whenever any of the following persons has observed or has reasonable cause to suspect that an endangered person or an impaired person...
• § 12-12-1709 - Report of Death Caused by Maltreatment.
  (a) (1) Any person or official who is required to report a case of suspected adult maltreatment or long-term care facility resident maltreatment under...
• § 12-12-1710 - Investigation by Department of Human Services.
  (a) The Department of Human Services shall have jurisdiction to investigate all cases of suspected maltreatment of an endangered person or an impaired person.(b)...
• § 12-12-1711 - Procedures for Investigation by the Department of Human Services.
  (a) The Department of Human Services shall conduct a thorough investigation of all suspected adult maltreatment or long-term care facility resident maltreatment in accordance...
• § 12-12-1712 - Photographs and X-Rays.
  (a) Any person who is required to report a case of adult maltreatment or long-term care facility resident maltreatment may take or cause to...
• § 12-12-1713 - Immunity for Investigation Participants.
  (a) Any person, official, or institution acting in good faith in the making of a report, the taking of a photograph, or the removal...
• § 12-12-1714 - Investigative Powers of the Department of Human Services.
  (a) If admission cannot be obtained to a home, an institution, or other place in which an allegedly maltreated person may be present, a...
• § 12-12-1715 - Rights of Subject of Report -- Investigative Determination of the Department of Human Services -- Notice of Finding -- Appeal.
  (a) Upon completion of an investigation, the Department of Human Services shall determine that an allegation of adult maltreatment or long-term care facility maltreatment...
• § 12-12-1716 - Adult and Long-Term Care Facility Resident Maltreatment Central Registry.
  (a) (1) There is established within the Department of Human Services a statewide Adult and Long-term Care Facility Resident Maltreatment Central Registry. (2) The...
• § 12-12-1717 - Availability of Founded Reports of Adult or Long-Term Care Facility Resident Maltreatment.
  (a) A report made under this subchapter that is determined to be founded, as well as any other information obtained, including protected health information,...
• § 12-12-1718 - Availability of Screened Out, Pending, and Unfounded Reports.
  (a) A record of a screened-out report of adult maltreatment or long-term care facility resident maltreatment shall not be disclosed except to the office...
• § 12-12-1719 - Delegation of Authority.
  The Director of the Department of Human Services may assign responsibilities for administering the various duties imposed upon the Department of Human Services under...
• § 12-12-1720 - Penalties.
  (a) (1) A person commits the offense of failure to report under this subchapter in the first degree if he or she: (A) Is...
• § 12-12-1721 - Reports As Evidence.
  (a) A written report from a person or official required by this subchapter to report shall be admissible in evidence in any proceeding relating...
• § 12-12-1722 - Services Available on Investigative Finding of Founded or Unfounded.
  (a) If an investigation under this subchapter is determined to be founded, the Department of Human Services may open a protective services case.(b) (1)...
• § 12-12-1723 - Rules.
  The Director of the Department of Human Services may adopt rules to implement this subchapter.

Last modified: November 15, 2016