Stricken language would be deleted from and underlined language would be added to present law.
Act 383 of the Regular Session
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State of Arkansas As Engrossed: H1/30/25 H2/6/25 H2/20/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1169 3
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By: Representative L. Johnson 5
By: Senator B. Davis 6
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For An Act To Be Entitled 8
AN ACT TO CLARIFY THE ADMISSION CRITERIA FOR AN 9
INVOLUNTARY COMMITMENT TO INCLUDE A PERSON WHO IS IN 10
A MENTAL CONDITION AS A RESULT OF A MEDICAL 11
CONDITION; AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO CLARIFY THE ADMISSION CRITERIA FOR AN 16
INVOLUNTARY COMMITMENT TO INCLUDE A 17
PERSON WHO IS IN A MENTAL CONDITION AS A 18
RESULT OF A MEDICAL CONDITION. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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SECTION 1. Arkansas Code § 20 -47-202, concerning definitions relating 23
to commitment and treatment for persons with mental illness, is amended to 24
add an additional subdivision to read as follows: 25
(22) “Behavioral health impairment” means a substantial 26
impairment of emotional processes, the ability to exercise conscious control 27
of one's actions, or the ability to perceive reality or to reason, when the 28
impairment is manifested by instances of extremely abnormal behavior or 29
extremely faulty perceptions that interfere with one (1) or more activities 30
of daily living. 31
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SECTION 2. Arkansas Code § 20 -47-207(c)(1), concerning the admission 33
criteria into a healthcare facility for an involuntary commitment, is amended 34
to read as follows: 35
(c) Involuntary Admission Criteria. 36 As Engrossed: H1/30/25 H2/6/25 H2/20/25 HB1169
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(1) A person shall be eligible for involuntary admission if he 1
or she is in such a mental condition as a result of mental: 2
(A) A mental illness, disease, or disorder that he or she 3
poses a clear and present danger to himself or herself or others ; or 4
(B) A medical condition that causes a behavioral health 5
impairment, including without limitation dementia, encephalitis, 6
or delirium, that he or she poses a clear and present danger to 7
himself or herself or others . 8
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SECTION 3. Arkansas Code § 20 -47-207(c)(2)(D)(ii), concerning the 10
definition of "a clear and present danger to himself or herself" relating to 11
the admission criteria into a healthcare facility for an involuntary 12
commitment, is amended to read as follows: 13
(ii) The person needs mental health treatment on a 14
continuing basis to prevent a relapse or harmful deterioration of his or her 15
condition mental condition as a result of subdivision (c)(1)(A) or (c)(1)(B) 16
of this section; and 17
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SECTION 4. Arkansas Code § 20 -47-210(c), concerning immediate 19
confinement by a healthcare facility for seventy -two (72) hours, is amended 20
to read as follows: 21
(c) If the person is transported to a hospital or to a receiving 22
facility or program or to the office of a licensed physician of the State of 23
Arkansas or of the United States Government, either salaried or self -24
employed, for purposes of initial evaluation and treatment, then the hospital 25
or receiving facility or program or physician may detain the person for 26
initial evaluation and treatment provided: 27
(1) The person is immediately advised of his or her rights as 28
provided in § 20-47-211 and informed that he or she maintains all fundamental 29
rights under § 20-47-220; 30
(2) The person is determined by the treatment staff of the 31
hospital or receiving facility or program or by the physician to be of danger 32
to himself or herself or others as defined in § 20 -47-207 or has a medical 33
condition that causes a behavioral health impairment, including without 34
limitation mental disability, dementia, or other permanent or temporary 35
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
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under to himself or herself or others as defined under § 20 -47-207(c)(2); 1
(3) The person is provided a telephone number for the hospital 2
or receiving facility or program's department of patient relations, risk 3
management, or other similar department; 4
(4) The person is seen and evaluated by a physician or advanced 5
practice registered nurse every twenty -four (24) hours to confirm whether the 6
immediate confinement remains warranted; 7
(5) The limitations on treatment for a person under this section 8
shall be same as the limitations on treatment under § 20 -47-218; 9
(6) The authority of the sheriff of the county or law 10
enforcement of the city of the first class where the hospital or receiving 11
facility or program is located or the security officer of the hospital or 12
receiving facility or program shall be the same as the authority under § 20 -13
47-219(a); and 14
(3)(7) A hearing pursuant to § 20 -47-209(a)(1) is held within 15
the specified time period. 16
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/s/L. Johnson 18
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APPROVED: 3/20/25 21
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