9 CAR § 100-401. Access to health care — Definitions

As used in this section and 9 CAR § 100-402: (1)(A) “Elective medical care” means any medical treatment recommended by a physician which may be postponed without subjecting the client to: (i) Significant pain; (ii) Deterioration of the condition; (iii) Complications; or (iv) Irreparable harm. (B) “Elective medical care” includes procedures that: (i) Are usually medically necessary; and (ii) May be major but are beyond the scope of procedures outlined in routine or emergency care; (2) “Emergency medical treatment” means medical, dental, or psychiatric treatment that is recommended immediately and, if postponed, may result in: (A) Permanent injury; (B) Loss of function; or (C) Death; (3) “Informed consent” means the: (A) Person who will perform or oversee the treatment will give information to the patient youth or parent or guardian about: (i) The reasons for the treatment; (ii) Potential benefits of the treatment; and (iii) Any risks associated with and without the treatment; and (B) Parent or guardian of the youth must agree to the treatment unless the youth is of the age and maturity to consent to his or her own treatment; (4)(A) “Invasive medical care” means any test or treatment that carries a significant risk of harm or major side effect. (B) “Invasive medical care” includes without limitation: (i) All medications prescribed for psychiatric or behavioral treatment; (ii) All surgical procedures; and (iii) Any procedure that requires more than local or topical anesthesia; and (5)(A) “Routine treatment” means routine medical and dental examinations such as: (i) Routine blood, urine, or other tests; (ii) Routine x-rays; or (iii) Other noninvasive tests. (B) “Routine treatment” includes: (i) Immunizations currently recommended by the Centers for Disease Control and Prevention; and (iii) All medical or dental treatments, including medication for common or minor illnesses or minor injuries. (6) All definitions under this section are intended to be consistent with Arkansas Medicaid rules, and where they conflict, Medicaid rules supersede these definitions.