AR
Arkansas House Bill HB1169

Arkansas 2025 Regular Session

Arkansas House Bill HB1169 Compare Versions

OldNewDifferences
11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 383 of the Regular Session
3-*JMB048* 02-20-2025 11:57:35 JMB048
4-
5-State of Arkansas As Engrossed: H1/30/25 H2/6/25 H2/20/25 1
2+*JMB048* 01/16/2025 1:22:53 PM JMB048
3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1169 3
86 4
97 By: Representative L. Johnson 5
108 By: Senator B. Davis 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO CLARIFY THE ADMISSION CRITERIA FOR AN 9
1412 INVOLUNTARY COMMITMENT TO INCLUDE A PERSON WHO IS IN 10
1513 A MENTAL CONDITION AS A RESULT OF A MEDICAL 11
1614 CONDITION; AND FOR OTHER PURPOSES. 12
1715 13
1816 14
1917 Subtitle 15
2018 TO CLARIFY THE ADMISSION CRITERIA FOR AN 16
2119 INVOLUNTARY COMMITMENT TO INCLUDE A 17
2220 PERSON WHO IS IN A MENTAL CONDITION AS A 18
2321 RESULT OF A MEDICAL CONDITION. 19
2422 20
2523 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
2624 22
27- SECTION 1. Arkansas Code § 20 -47-202, concerning definitions relating 23
28-to commitment and treatment for persons with mental illness, is amended to 24
29-add an additional subdivision to read as follows: 25
30- (22) “Behavioral health impairment” means a substantial 26
31-impairment of emotional processes, the ability to exercise conscious control 27
32-of one's actions, or the ability to perceive reality or to reason, when the 28
33-impairment is manifested by instances of extremely abnormal behavior or 29
34-extremely faulty perceptions that interfere with one (1) or more activities 30
35-of daily living. 31
36- 32
37- SECTION 2. Arkansas Code § 20 -47-207(c)(1), concerning the admission 33
38-criteria into a healthcare facility for an involuntary commitment, is amended 34
39-to read as follows: 35
40- (c) Involuntary Admission Criteria. 36 As Engrossed: H1/30/25 H2/6/25 H2/20/25 HB1169
25+ SECTION 1. Arkansas Code § 20 -47-207(c)(1), concerning the admission 23
26+criteria into a healthcare facility for an involuntary commitment, is amended 24
27+to read as follows: 25
28+ (c) Involuntary Admission Criteria. 26
29+ (1) A person shall be eligible for involuntary admission if he 27
30+or she is in such a mental condition as a result of mental: 28
31+ (A) A mental illness, disease, or disorder that he or she 29
32+poses a clear and present danger to himself or herself or others ; or 30
33+ (B) A medical condition, including without limitation 31
34+behavioral health impairment, mental disability, dementia, or other permanent 32
35+or temporary behavioral health or mental health impairment, that he or she 33
36+poses a clear and present danger to himself or herself or others . 34
37+ 35
38+ SECTION 2. Arkansas Code § 20 -47-207(c)(2)(D)(ii), concerning the 36 HB1169
4139
42- 2 02-20-2025 11:57:35 JMB048
43-
44-
45- (1) A person shall be eligible for involuntary admission if he 1
46-or she is in such a mental condition as a result of mental: 2
47- (A) A mental illness, disease, or disorder that he or she 3
48-poses a clear and present danger to himself or herself or others ; or 4
49-(B) A medical condition that causes a behavioral health 5
50-impairment, including without limitation dementia, encephalitis, 6
51-or delirium, that he or she poses a clear and present danger to 7
52-himself or herself or others . 8
40+ 2 01/16/2025 1:22:53 PM JMB048
41+definition of "a clear and present danger to himself or herself" relating to 1
42+the admission criteria into a healthcare facility for an involuntary 2
43+commitment, is amended to read as follows: 3
44+ (ii) The person needs mental health treatment on a 4
45+continuing basis to prevent a relapse or harmful deterioration of his or her 5
46+condition mental condition as a result of subdivision (c)(1)(A) or (c)(1)(B) 6
47+of this section; and 7
48+ 8
5349 9
54- SECTION 3. Arkansas Code § 20 -47-207(c)(2)(D)(ii), concerning the 10
55-definition of "a clear and present danger to himself or herself" relating to 11
56-the admission criteria into a healthcare facility for an involuntary 12
57-commitment, is amended to read as follows: 13
58- (ii) The person needs mental health treatment on a 14
59-continuing basis to prevent a relapse or harmful deterioration of his or her 15
60-condition mental condition as a result of subdivision (c)(1)(A) or (c)(1)(B) 16
61-of this section; and 17
50+ 10
51+ 11
52+ 12
53+ 13
54+ 14
55+ 15
56+ 16
57+ 17
6258 18
63- SECTION 4. Arkansas Code § 20 -47-210(c), concerning immediate 19
64-confinement by a healthcare facility for seventy -two (72) hours, is amended 20
65-to read as follows: 21
66- (c) If the person is transported to a hospital or to a receiving 22
67-facility or program or to the office of a licensed physician of the State of 23
68-Arkansas or of the United States Government, either salaried or self -24
69-employed, for purposes of initial evaluation and treatment, then the hospital 25
70-or receiving facility or program or physician may detain the person for 26
71-initial evaluation and treatment provided: 27
72- (1) The person is immediately advised of his or her rights as 28
73-provided in § 20-47-211 and informed that he or she maintains all fundamental 29
74-rights under § 20-47-220; 30
75- (2) The person is determined by the treatment staff of the 31
76-hospital or receiving facility or program or by the physician to be of danger 32
77-to himself or herself or others as defined in § 20 -47-207 or has a medical 33
78-condition that causes a behavioral health impairment, including without 34
79-limitation mental disability, dementia, or other permanent or temporary 35
80-behavioral health impairment, that he or she poses a clear and present danger 36 As Engrossed: H1/30/25 H2/6/25 H2/20/25 HB1169
81-
82- 3 02-20-2025 11:57:35 JMB048
83-
84-
85-under to himself or herself or others as defined under § 20 -47-207(c)(2); 1
86- (3) The person is provided a telephone number for the hospital 2
87-or receiving facility or program's department of patient relations, risk 3
88-management, or other similar department; 4
89- (4) The person is seen and evaluated by a physician or advanced 5
90-practice registered nurse every twenty -four (24) hours to confirm whether the 6
91-immediate confinement remains warranted; 7
92- (5) The limitations on treatment for a person under this section 8
93-shall be same as the limitations on treatment under § 20 -47-218; 9
94- (6) The authority of the sheriff of the county or law 10
95-enforcement of the city of the first class where the hospital or receiving 11
96-facility or program is located or the security officer of the hospital or 12
97-receiving facility or program shall be the same as the authority under § 20 -13
98-47-219(a); and 14
99- (3)(7) A hearing pursuant to § 20 -47-209(a)(1) is held within 15
100-the specified time period. 16
101- 17
102-/s/L. Johnson 18
10359 19
10460 20
105-APPROVED: 3/20/25 21
61+ 21
10662 22
10763 23
10864 24
10965 25
11066 26
11167 27
11268 28
11369 29
11470 30
11571 31
11672 32
11773 33
11874 34
11975 35
12076 36