Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 13 - PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES AND OTHER REGULATED FACILITIES (§§ 9-28-1301 — 9-28-1304) › Section 9-28-1303 - Department enforcement authority

(a)
The Department of Human Services may initiate an adverse action against a regulated facility that:
(1)
Fails to comply with the provisions of this subchapter or any rule of the department relating to quality of care;
(2)
Furnishes or makes any statement or report to the department that is false or misleading;
(3)
Refuses or fails to submit required reports or to make available to the department any records required by the department in making an investigation of the agency for quality of care purposes;
(4)
Refuses or fails to submit to an investigation or to reasonable inspection by the department;
(5)
Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subchapter or the rules promulgated under this subchapter;
(6)
Fails to engage in a course of professional conduct in dealing with clients being served by the regulated facility, as defined by rules promulgated under this subchapter; or
(7)
Demonstrates gross negligence in carrying out the duties at the regulated facility.
(b)
The department may impose an adverse action as follows:
(1)
Issue letters of reprimand or caution;
(2)
Require a corrective action plan; and
(3)
(A)
Impose civil penalties of up to two thousand five hundred dollars ($2,500) per violation, with each day of noncompliance and each client injured as a result of noncompliance constituting a separate violation.
(B)
If any person upon whom the department has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the decision of the department to impose the penalty, the amount of the fine shall be considered to be a debt owed to the State of Arkansas and may be collected by civil action.
(C)
Civil penalties collected under this section may be expended only for the purpose of providing technical assistance and training to regulated facilities.
(c)
(1)
For a regulated facility licensed under the Child Welfare Agency Licensing Act, §
9-28-401
et seq., the department may petition the Child Welfare Agency Review Board to deny, suspend, or revoke the regulated facility's license on the basis of any adverse action imposed by the department under this section.
(2)
For a regulated facility licensed under §
20-9-201
et seq., the department may petition the State Board of Health to deny, suspend, or revoke the regulated facility's license on the basis of any adverse action imposed by the department under this section.
(d)
The department shall notify the regulated facility of the adverse action of the department in writing and set forth the facts forming the basis for the adverse action.
(e)
(1)
Adverse action hearings shall comply with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(2)
Within ten (10) business days after rendering a decision, the department shall forward to the regulated facility written findings of fact and conclusions of law articulating the decision of the department.
Added by Act 2023, No. 806,§ 2, eff. 8/1/2023.