Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.93-011 - Continuity of Care

Current through Register Vol. 49, No. 6, June, 2024
851 Continuity of
		  Care
I.
Authority
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate this administrative regulation by Act 549 of 1993,
			 Regular Session; Act 50 of 1968, First Extraordinary Session, as amended; and
			 Act 1281 of 1993, Regular Session.
II.
PURPOSE
:
To provide for continuity of care for releasees with serious
			 physical or mental disorders or disabilities.
III.
APPLICABILITY
:
To all employees, especially those involved in the treatment
			 and/or release of inmates with physical or mental disorders or disabilities;
			 and all inmates.
IV.
POLICY
:
It shall be the policy of the Department of Correction to request
			 emergency medical stays for inmates being released with serious physical or
			 mental disorders or disabilities until transfer to an appropriate treatment
			 setting can be accomplished.
V.
DEFINITIONS
:
A.
Emergency Medical
		  Stay
- the retention of a releasee with a serious physical or
		  mental disorder or disability not to exceed 72 hours in duration for provision
		  of an appropriate treatment setting upon release.
VI.
PROCEDURES
:
Any person incarcerated by the Department of Correction may be
			 permitted to remain within a treatment facility operated or used by the
			 Department of Correction if serious physical or mental disorders or
			 disabilities exist, until release to an appropriate treatment setting outside
			 of the Department can be accomplished.
A. Request for Emergency Medical Stay
1. A request for emergency medical stay may
		  only be made by a physician or psychologist licensed to practice .in Arkansas.
		  Request will be promulgated to the Deputy Director of Treatment Services,
		  Administrator of Medical/Dental Services, or Administrator of Mental Health
		  Services.
a. The physician or psychologist
		  must certify the request to be on behalf of a physically or mentally disordered
		  or disabled person who would otherwise be released without an appropriate
		  patient care system, and such a release would risk the well-being of the person
		  or others.
2. The
		  request for emergency medical stay must be approved by the Director of the
		  Department of Correction, or in the absence of the Director, the acting
		  Director.
B. Imposition
		  of Emergency Medical Stay
1. An emergency
		  medical stay may not be imposed contrary to the will of a mentally competent
		  individual.
2. An emergency medical
		  stay may be imposed contrary to the will of an individual certified by a
		  psychiatrist or psychologist to be incompetent, if no close relative of the
		  individual can be contacted to state the will of the family and involuntary
		  commitment of the individual is being actively pursued in Chancery Court, or
		  with the consent of a close relative.
In all cases, the emergency medical stay shall be dissolved as
			 quickly as possible, and in no case extended beyond 72 hours.
VII.
A.C.A.
		  REFERENCES
:
Board of Correction Approval Date: 9-30-93
Attorney General Review Date: 9-30-93
Date Filed Secy, of State: 10-1-93