Browse Arkansas Code titles and sections
20-47-218. Treatment.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-218. Treatment.
(a) At all steps of the involuntary admission proceeding, the mental health treatments and conditions of treatment for the person named in the petition for involuntary admission shall be no more harsh, hazardous, or intrusive than necessary to achieve a successful treatment or objective for the person and shall involve no restrictions on physical movement or supervised, resident, outpatient, or inpatient care except as reasonably necessary for the administration of treatment for the protection of the person or others from physical injury.
(b) Specific limitations on treatment during detention shall include the following:
(1) Detention under this subchapter may only be in a hospital or receiving facility or program as defined in § 20-47-202;
(2)(A) During the initial period of evaluation and treatment, psychotherapy and oral or intermuscular medication may be used if the effects of the medication on the behavior of the individual do not exceed seventy-two (72) hours.
(B) Medication such as fluphenozine decanoate, commonly known as long-acting medication, or electroconvulsive therapy or psychosurgery shall not be used during this period;
(3)(A) Psychosurgery shall not be used during any involuntary admission period if the person is involuntarily admitted to a receiving facility or program.
(B) Electroconvulsive therapy may be used against a patient's wishes only if the circuit court is presented with clear and convincing proof that such treatment is necessary; and
(4) Short-acting and long-acting medication may be used during the forty-five-day admission period and the one-hundred-eighty-day involuntary admission period.
(c) If the court at a forty-five-day admission period or a one-hundred-eighty-day involuntary admission hearing f
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-218
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:20-47-218
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ae5b9882a909f1be8d565e7250e9cfc0eacc55d12a463b99ba1104224d2c2eb0
Source location: content.xml paragraph 27042
Stored source content
20-47-218. Treatment.
(a) At all steps of the involuntary admission proceeding, the mental health treatments and conditions of treatment for the person named in the petition for involuntary admission shall be no more harsh, hazardous, or intrusive than necessary to achieve a successful treatment or objective for the person and shall involve no restrictions on physical movement or supervised, resident, outpatient, or inpatient care except as reasonably necessary for the administration of treatment for the protection of the person or others from physical injury.
(b) Specific limitations on treatment during detention shall include the following:
(1) Detention under this subchapter may only be in a hospital or receiving facility or program as defined in § 20-47-202;
(2)(A) During the initial period of evaluation and treatment, psychotherapy and oral or intermuscular medication may be used if the effects of the medication on the behavior of the individual do not exceed seventy-two (72) hours.
(B) Medication such as fluphenozine decanoate, commonly known as long-acting medication, or electroconvulsive therapy or psychosurgery shall not be used during this period;
(3)(A) Psychosurgery shall not be used during any involuntary admission period if the person is involuntarily admitted to a receiving facility or program.
(B) Electroconvulsive therapy may be used against a patient's wishes only if the circuit court is presented with clear and convincing proof that such treatment is necessary; and
(4) Short-acting and long-acting medication may be used during the forty-five-day admission period and the one-hundred-eighty-day involuntary admission period.
(c) If the court at a forty-five-day admission period or a one-hundred-eighty-day involuntary admission hearing finds by clear and convincing evidence that the person is in need of treatment, it shall issue an order involuntarily admitting the person to the custody of the administrator or his or her designee for care and treatment within a receiving facility or program which is located within the person's geographic area of residence or to an appropriate hospital as defined in § 20-47-202.
(d)(1) A treatment plan will be submitted to the court for approval at hearings held under §§ 20-47-214 and 20-47-215.
(2) The treatment plan will be submitted by the person's treatment staff of the hospital or the receiving facility or program to which the person has been involuntarily admitted.
(3) The approved treatment plan shall be incorporated by reference as a part of the court's order of involuntary admission.
(e) Notification shall be provided to the court by the person's treatment staff upon a change in the person's treatment plan if the change results in the person’s being treated in a more restrictive setting or manner.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-202. Definitions.
As used in this subchapter:
(1) “Administrator” means the chief administrative officer or executive director of any private or public facility or of any community mental health center certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
(2) “Behavior history” means a person's statements or actions on specific occasions as established by the person's declarations, observations of others, or records;
(3) “Community mental health center” means a program and its affiliates established and administered by the state, or a private, nonprofit corporation certified by the division for the purpose of providing mental health services to the residents of a defined geographic area and which minimally provides twenty-four-hour emergency, inpatient, outpatient, consultation, education, prevention, partial care, follow-up and aftercare, and initial screening and precare services. The division may contract with a community mental health center for the operation and administration of any services which are part of the state mental health system;
(4) “Crisis response services” means immediate or emergency treatment. Because mental illnesses are often of an episodic nature, there will be instances that require acute and quick crisis response services;
(5) [Repealed.]
(6) “Detention” means any confinement of a person against his or her wishes and begins either:
(A) When a person is involuntarily brought to a receiving facility or program or to a hospital;
(B) When, pursuant to § 20-47-209(a), the person appears for the initial hearing; or
(C) When a person on a voluntary status in a receiving facility or program or a hospital requests to leave pursuant to § 20-47-204(3);
(7) [Repealed.]
(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-47-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-214. Forty-five-day involuntary admission — Hearing.
(a)(1) Within the period specified in § 20-47-205, a hearing shall be held.
(2) The hearing must be conducted in public, open to the news media.
(3) All testimony must be taken under oath and preserved.
(4) All witnesses shall be subject to a penalty for perjury, and each witness who shall testify shall be instructed by the hearing officer as to the penalty for perjury before testifying.
(b)(1) Should any person be found guilty of giving false testimony that results in a person's wrongful involuntary admission, he or she shall be liable for civil damages and subject to incarceration for not less than thirty (30) days.
(2) The court shall make a determination at that time whether clear and convincing evidence has been presented that the person sought to be involuntarily admitted is of danger to himself or herself or to others as defined in § 20-47-207.
(3) If this burden of proof has been met, the court shall issue an order authorizing the hospital or receiving facility or program to detain the person for treatment for a maximum of forty-five (45) days.
(c) This section shall be construed to allow the person sought to be involuntarily admitted to request treatment under an alternative least restrictive appropriate setting.
(d) If a hearing pursuant to this section is not held within the period specified in § 20-47-205, the person shall be released.
(e) Upon filing of an order of commitment issued under subdivision (b)(3) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-47-214. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-215. Additional periods of involuntary admission — Petitions — Hearing.
(a)Generally.
(1) Additional one-hundred-eighty-day involuntary admission orders may be requested if, in the opinion of the treatment staff, a person involuntarily admitted continues to meet the criteria for involuntary admission.
(2) Additional one-hundred-eighty-day involuntary admission periods may be requested by the treatment staff if it is the opinion of the treatment staff that the person needs continued treatment and supervision without which the person poses a likelihood of danger to himself or herself or to others as defined in § 20-47-207 if discharged.
(3) The treatment staff may request additional involuntary admission orders as they are deemed necessary.
(b)Procedure.
(1)(A) A request for periods of additional involuntary admission under this section shall be made by a petition verified by a member of the treatment staff.
(B) The petition shall set forth the facts and circumstances forming the basis for the request.
(2) Upon the filing of a petition for additional involuntary admission, all rights enumerated in §§ 20-47-211 and 20-47-212 shall be applicable.
(c)Hearing.
(1)(A) A hearing on the petition seeking additional involuntary admission pursuant to this section must be held before the expiration of the period of involuntary admission.
(B) The hearing shall be open to the public and the news media, unless the person sought to be additionally involuntarily admitted shall request in writing that the hearing be closed.
(C) All written requests filed on behalf of the person sought to be additionally involuntarily admitted must be witnessed by the attorney who is representing the person.
(2) All testimony shall be recorded under oath and preserved.
(3) Th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-215
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-47-215. This identifies an authority to review, not proof of applicability.