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 20-47-1007 - Basic standards of care for mental health services for individuals who are deaf or hard of hearing

(a)
A client who is admitted for mental health treatment shall have access to culturally affirmative mental health services and linguistically appropriate mental health services.
(b)
(1)
A mental health professional shall work with the Deaf Services Coordinator as appropriate to ensure that culturally affirmative mental health services and linguistically appropriate mental health services are made accessible to clients.
(2)
A client shall have access to one-on-one culturally affirmative mental health services and linguistically appropriate mental health services from a certified mental health professional who is fluent in the communication method that is preferred by the client or recommended by a communication assessment, or both.
(3)
If one-on-one culturally affirmative mental health services and linguistically appropriate mental health services by a certified mental health professional are not available within a reasonable geographical area, as determined by the coordinator, for a client, the client shall be offered:
(A)
An appropriate referral to a certified mental health professional who can provide culturally affirmative mental health services and linguistically appropriate mental health services through telemedicine or other remote technology; or
(B)
(i)
At no cost to the client, culturally affirmative mental health services and linguistically appropriate mental health services through the use of an interpreter.
(ii)
If an interpreter cannot be physically present in a timely manner, the services of an interpreter may be offered to the client through telemedicine or other remote technology.
(4)
If an interpreter is offered to a client, the client:
(A)
May voluntarily decline to accept or use the mental health services through the interpreter without a penalty to the client; and
(B)
Shall be offered any other assistance and services as required by federal and state law, including without limitation a different interpreter or hearing assistive technology.
(5)
If a client refuses all culturally affirmative mental health services and linguistically appropriate mental health services that are offered, the mental health professional shall:
(A)
Secure from the client a signed waiver of the right to receive culturally affirmative mental health services and linguistically appropriate mental health services and place the waiver in the file of the client;
(B)
Notify the coordinator of the refusal of culturally affirmative mental health services and linguistically appropriate mental health services; and
(C)
Allow the coordinator to review the culturally affirmative mental health services and linguistically appropriate mental health services offered to ensure that all the mental health services were appropriate.
Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.