20-47-805. Establishment of crisis intervention teams.

20-47-805. Establishment of crisis intervention teams. (a) As part of a crisis intervention protocol established under this subchapter, a law enforcement agency or community mental health center, as a participating partner, is authorized to establish a crisis intervention team or multiple crisis intervention teams to provide psychiatric emergency services and triage and referral services for individuals with a behavioral health impairment who demonstrate substantial likelihood of committing bodily harm against themselves or against another person as a more humane alternative to confinement in a jail. (b) A crisis intervention team shall have at least one (1) designated hospital or community mental health center within the specified crisis stabilization unit catchment area that has agreed to serve as a crisis stabilization unit and to provide psychiatric emergency services, triage and referral services, and other appropriate medical services for individuals in the custody of a crisis intervention team officer or who have been referred by the community mental health center within the specified crisis stabilization unit catchment area. (c)(1) As a participating partner and serving as a crisis stabilization unit, a hospital, community mental health center, or mental health facility may establish a comprehensive psychiatric emergency service to provide psychiatric emergency services to an individual with a behavioral health impairment for a period of time greater than allowed in a hospital or other facility's emergency department when, in the opinion of the treating physician, psychiatric nurse practitioner, or psychiatric physician assistant, the individual is likely to be stabilized within seventy-two (72) hours so that continuing treatment can be provided in the local community rather than a crisis stabilization unit or the Arkansas State Hospital. (2)(A) During the time an individual with a behavioral health impairment is under a crisis intervention protocol and detained at a crisis stabilization unit, the individual is considered to be in the custody of the law enforcement agency that detained the individual. (B) This subchapter does not authorize the forfeit of any state or federal constitutional right regarding the detention and custody of an individual with a behavioral health impairment who has been detained or placed in custody due to the commission of a criminal offense. (d)(1) Two (2) or more governmental entities may jointly provide crisis intervention teams and comprehensive psychiatric emergency services authorized under this subchapter. (2) For the purpose of addressing unique rural service delivery needs and conditions, the Department of Human Services may authorize two (2) or more hospitals, community mental health centers, or mental health services providers to collaborate in the development of crisis intervention teams and comprehensive psychiatric emergency services and shall facilitate any collaboration authorized.