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Arkansas General Assembly· HB 1169Notification that HB1169 is now Act 383

An act TO CLARIFY THE ADMISSION CRITERIA FOR AN 10 INVOLUNTARY COMMITMENT TO INCLUDE A PERSON WHO IS IN 11 A MENTAL CONDITION AS A RESULT OF A MEDICAL 12 CONDITION, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: H1/30/25 H2/6/25 H2/20/25

2 95th General Assembly          A Bill

3 Regular Session, 2025                                            HOUSE BILL 1169

4

5 By: Representative L. Johnson

6 By: Senator B. Davis

7

8                                For An Act To Be Entitled

9   AN ACT TO CLARIFY THE ADMISSION CRITERIA FOR AN

10  INVOLUNTARY COMMITMENT TO INCLUDE A PERSON WHO IS IN

11  A MENTAL CONDITION AS A RESULT OF A MEDICAL

12  CONDITION; AND FOR OTHER PURPOSES.

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14

15                               Subtitle

16                       TO CLARIFY THE ADMISSION CRITERIA FOR AN

17                       INVOLUNTARY COMMITMENT TO INCLUDE A

18                       PERSON WHO IS IN A MENTAL CONDITION AS A

19                       RESULT OF A MEDICAL CONDITION.

20

21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

22

23  SECTION 1. Arkansas Code � 20-47-202, concerning definitions relating

24 to commitment and treatment for persons with mental illness, is amended to

25 add an additional subdivision to read as follows:

26  (22) "Behavioral health impairment" means a substantial

27 impairment of emotional processes, the ability to exercise conscious control

28 of one's actions, or the ability to perceive reality or to reason, when the

29 impairment is manifested by instances of extremely abnormal behavior or

30 extremely faulty perceptions that interfere with one (1) or more activities

31 of daily living.

32

33  SECTION 2. Arkansas Code � 20-47-207(c)(1), concerning the admission

34 criteria into a healthcare facility for an involuntary commitment, is amended

35 to read as follows:

36  (c) Involuntary Admission Criteria.

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1   (1) A person shall be eligible for involuntary admission if he

2 or she is in such a mental condition as a result of mental:

3   (A) A mental illness, disease, or disorder that he or she

4 poses a clear and present danger to himself or herself or others; or

5   (B) A medical condition that causes a behavioral health

6   impairment, including without limitation dementia, encephalitis,

7   or delirium, that he or she poses a clear and present danger to

8   himself or herself or others.

9

10  SECTION 3. Arkansas Code � 20-47-207(c)(2)(D)(ii), concerning the

11 definition of "a clear and present danger to himself or herself" relating to

12 the admission criteria into a healthcare facility for an involuntary

13 commitment, is amended to read as follows:

14                       (ii) The person needs mental health treatment on a

15 continuing basis to prevent a relapse or harmful deterioration of his or her

16 condition mental condition as a result of subdivision (c)(1)(A) or (c)(1)(B)

17 of this section; and

18

19  SECTION 4. Arkansas Code � 20-47-210(c), concerning immediate

20 confinement by a healthcare facility for seventy-two (72) hours, is amended

21 to read as follows:

22  (c) If the person is transported to a hospital or to a receiving

23 facility or program or to the office of a licensed physician of the State of

24 Arkansas or of the United States Government, either salaried or self-

25 employed, for purposes of initial evaluation and treatment, then the hospital

26 or receiving facility or program or physician may detain the person for

27 initial evaluation and treatment provided:

28  (1) The person is immediately advised of his or her rights as

29 provided in � 20-47-211 and informed that he or she maintains all fundamental

30 rights under � 20-47-220;

31  (2) The person is determined by the treatment staff of the

32 hospital or receiving facility or program or by the physician to be of danger

33 to himself or herself or others as defined in � 20-47-207 or has a medical

34 condition that causes a behavioral health impairment, including without

35 limitation mental disability, dementia, or other permanent or temporary

36 behavioral health impairment, that he or she poses a clear and present danger

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1 under to himself or herself or others as defined under � 20-47-207(c)(2);

2   (3) The person is provided a telephone number for the hospital

3 or receiving facility or program's department of patient relations, risk

4 management, or other similar department;

5   (4) The person is seen and evaluated by a physician or advanced

6 practice registered nurse every twenty-four (24) hours to confirm whether the

7 immediate confinement remains warranted;

8   (5) The limitations on treatment for a person under this section

9 shall be same as the limitations on treatment under � 20-47-218;

10  (6) The authority of the sheriff of the county or law

11 enforcement of the city of the first class where the hospital or receiving

12 facility or program is located or the security officer of the hospital or

13 receiving facility or program shall be the same as the authority under � 20-

14 47-219(a); and

15  (3)(7) A hearing pursuant to � 20-47-209(a)(1) is held within

16 the specified time period.

17

18                             /s/L. Johnson

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