Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 10 - "MENTAL HEALTH FOR INDIVIDUALS WHO ARE DEAF OR HARD OF HEARING BILL OF RIGHTS ACT (§§ 20-47-1001 — 20-47-1007) › Section 20-47-1002 - Legislative findings

The General Assembly finds that:
(1)
Individuals who are deaf or hard of hearing, as a group, represent an underserved population in many respects, particularly in regard to access to mental health services;
(2)
Individuals who are deaf or hard of hearing often require highly specialized mental health services due to communication barriers and other complex needs;
(3)
Research shows that individuals who are deaf or hard of hearing are subject to significantly more risks to their mental health than individuals who are able to hear due to many factors, including without limitation lack of:
(A)
Communication access, in general, as well as lack of or impaired communication with family members, educators, and treating healthcare professionals; and
(B)
Access to:
(i)
Appropriate educational services; and
(ii)
Culturally affirmative and linguistically appropriate physical and mental health services;
(4)
(A)
Some individuals who are deaf or hard of hearing may have secondary disabilities that impact the type and manner of mental health services that are needed.
(B)
Individuals who are deaf and blind often have diverse ways of communicating, including without limitation tactile sign language;
(5)
(A)
Being deaf or hard of hearing affects the most basic human needs, which include the ability to communicate with other human beings.
(B)
(i)
Many individuals who are deaf or hard of hearing use sign language, which may be their primary communication method, while other individuals who are deaf or hard of hearing receive language orally and aurally, with or without visual signs or cues.
(ii)
However, other individuals who are deaf or hard of hearing lack any significant language skills or suffer from language deprivation, or both;
(6)
(A)
Individuals who are deaf or hard of hearing have highly diverse communication skills and challenges.
(B)
The nature and timing of a hearing loss, the helpfulness of medical or therapeutic remediation efforts, and the accessibility of sign language or spoken language at home, school, and other settings shape the way that hearing loss impacts individuals who are deaf or hard of hearing.
(C)
(i)
Depending on the circumstances of an individual's hearing loss, his or her innate abilities, and the degree to which he or she has been supported in language acquisition, individuals who are deaf or hard of hearing can range in their communication ability from being multilingual, with fluency in more than one (1) communication method, to being alingual, with fluency in no communication method.
(ii)
However, poorly developed language skills in both sign language and spoken language are common;
(7)
It is essential that individuals who are deaf or hard of hearing:
(A)
Have access to appropriate mental health services that are provided:
(i)
In the primary communication method of the individual, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both; and
(ii)
By mental health professionals such as psychiatrists, psychologists, therapists, counselors, social workers, and other personnel who:
(a)
Are fluent in the primary communication method of the individual who is deaf or hard of hearing;
(b)
Understand the unique nature of being deaf or hard of hearing; and
(c)
Possess the knowledge and training to:
(1)
Work effectively with individuals who are deaf or hard of hearing;
(2)
Provide culturally affirmative mental health services and linguistically appropriate mental health services to individuals who are deaf or hard of hearing; and
(3)
Collaborate skillfully with interpreters;
(B)
Have access to mental health professionals who are familiar with the unique culture and needs of individuals who are deaf or hard of hearing since mental health professionals may misdiagnose individuals who are deaf or hard of hearing if the mental health professionals are unaware of the special needs of individuals who are deaf or hard of hearing or lack training in working with individuals who are deaf or hard of hearing;
(C)
Are involved in determining the scope, content, and purpose of mental health services tailored for delivery to individuals who are deaf or hard of hearing; and
(D)
Have access to:
(i)
Mental health services that provide appropriate one-on-one access to a full continuum of mental health services, including without limitation all modes of therapy and evaluation; and
(ii)
Specialized mental health services that are recommended as best practice and use appropriate curricula, staff, and outreach to support the unique mental health needs of individuals who are deaf or hard of hearing;
(8)
Individuals who are deaf or hard of hearing should have access to a resource guide listing the mental health services in this state that offer the best access and provide the most specialized mental health services for clients; and
(9)
Individuals who are deaf or hard of hearing would benefit from the development and implementation of state and regional services to provide for the mental health needs of individuals who are deaf or hard of hearing.
Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.