Arkansas 2025 2025 Regular Session

Arkansas Senate Bill SB312 Draft / Bill

Filed 02/26/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
*JMB388* 	02/26/2025 9:00:07 AM JMB388 
State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	SENATE BILL 312 3 
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By: Senator Stone 5 
By: Representative Beaty Jr. 6 
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For An Act To Be Entitled 8 
AN ACT TO REMOVE THE MORATORIUM ON THE CONSTRUCTION 9 
OR ADDITION OF ANY ADDITIONAL BEDS WITHIN PSYCHIATRIC 10 
RESIDENTIAL TREATMENT FACILITIES; AND FOR OTHER 11 
PURPOSES. 12 
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Subtitle 15 
TO REMOVE THE MORATORIUM ON THE 16 
CONSTRUCTION OR ADDITION OF ANY 17 
ADDITIONAL BEDS WITHIN PSYCHIATRIC 18 
RESIDENTIAL TREATMENT FACILITIES. 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 -8-107(d), concerning the prohibition on 23 
adding new beds or expanding bed capacity of residential care facilities 24 
under the authority of the Health Services Permit Agency, is amended to read 25 
as follows: 26 
 (d)(1)  Except as provided in subdivision (d)(2) of this section, 27 
Beginning July 1, 2005, the Health Services Permit Agency may not accept 28 
applications or requests for permits of approval to add new beds or to expand 29 
existing bed capacity of residential care facilities. 30 
 (2)(A)  A psychiatric residential treatment facility as defined 31 
in § 9-28-402 is exempt from subdivision (d)(1) of this section and may add 32 
new beds or expand existing bed capacity. 33 
 (B)  A cap shall not be set on the number of beds or bed 34 
capacity for psychiatric residential treatment facilities in this state. 35 
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 SECTION 2.  DO NOT CODIFY.  TEMPORARY LANGUAGE.  Expiration of 1 
moratorium. 2 
 The mortarium on the construction or addition of any additional beds 3 
within psychiatric residential treatment facilities beyond the current number 4 
of permitted and licensed beds for the state on February 1, 2008, under 20 5 
CAR § 255-605, shall expire on the effective date of this section. 6 
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