reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-46-101 — 20-46-107) › Section 20-46-102 - Liability of hospital utilization committee members

(a)
Physicians and others appointed to hospital utilization review committees for the purpose of determining questions relating to the hospitalization of Medicare patients under the provisions of Pub. L. No. 89-97, which is the Medicare law, shall be immune from liability with respect to decisions made as to these questions so long as the physicians or others act in good faith and without malice.
(b)
Nothing in this act shall be construed to relieve any patient's personal physician of any liability which he or she may have in connection with the treatment of the patient.
Acts 1971, No. 433, ch. 2, § 9; A.S.A. 1947, § 59-309.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-46-101 — 20-46-107) › Section 20-46-104 - Records of Arkansas State Hospital confidential

(a)
The records, reports, statements, notes, and other information furnished to the Arkansas State Hospital and its divisions for mental research by individuals, by private, public, or governmental hospitals, and by other agencies for the purpose of mental research are not admissible as evidence in any court or in any administrative hearing or procedure. The employees or agents of the Arkansas State Hospital shall not be compelled to divulge any of the records, reports, statements, notes, or other information. All individuals, private, public, or governmental hospitals, or other agencies that furnish the records, statements, notes, or other information shall not be held liable for the reportings to the Arkansas State Hospital and its divisions.
(b)
All records, reports, statements, notes, and other information which has been assembled or procured by the Arkansas State Hospital and its divisions for the purpose of research and study which name or otherwise identify any persons and any confidential records within the custody and control of the Arkansas State Hospital or its authorized agents and employees may be used only for the purpose of research and study for which assembled or procured.
(c)
It is unlawful for any person to give away or otherwise to disclose to any person who is not engaged in research and study at the Arkansas State Hospital and its divisions as described in this section any of the records, reports, statements, notes, or other information which name or otherwise identify any person or any confidential records.
(d)
Any person who violates any provision of this act is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500) and imprisoned not more than six (6) months, or both.
(e)
(1)
Nothing in this section applies to or restricts the use or publicizing of statistics, data, or other materials which summarize or refer to any records, reports, statements, notes, or other information in the aggregate and which do not refer to or disclose the identity of any individual person.
(2)
Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient.
Acts 1971, No. 433, ch. 2, § 11; A.S.A. 1947, § 59-311.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-46-101 — 20-46-107) › Section 20-46-107 - Colocation for outpatient behavioral healthcare agencies - Legislative findings

(a)
The General Assembly finds that:
(1)
Sites for outpatient behavioral healthcare agencies have been prohibited from being adjunct to or colocated with nonbehavioral healthcare services or facilities;
(2)
Integrated care is a best practice and should be the standard set in this state; and
(3)
It would be advantageous for a client's health if outpatient behavioral health services were colocated with primary care services or facilities.
(b)
Outpatient behavioral healthcare agencies may be certified when adjunct to or colocated with nonbehavioral healthcare services or facilities such as a school, a daycare facility, a long-term care facility, or the office or clinic of a physician or psychologist.
Added by Act 2021, No. 760,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-302 - Department of Human Services - Power to regulate - Funding

(a)
The Arkansas State Hospital shall have the power to establish guidelines and rules in the administration of this section.
(b)
(1)
The Arkansas State Hospital through the Department of Human Services is authorized and empowered to assist community mental health centers and clinics in providing funds for medication required for the treatment of mental illness for medically indigent patients at a rate not to exceed five cents (5¢) per capita of the geographical area served by those community mental health centers or clinics.
(2)
The most recent federal census will be used in determining the per capita of the area on which an allocation is made.
(c)
(1)
Disbursement of funds authorized by this section shall be limited to the appropriations for the department and funds made available by law for the support of the appropriations.
(2)
The restrictions of the Arkansas Procurement Law, §
19-11-201
et seq.; the General Accounting and Budgetary Procedures Law, §
19-4-101
et seq.; the Revenue Stabilization Law, §
19-5-101
et seq.; and other fiscal control laws of the state, where applicable, and rules promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of the funds.
Amended by Act 2019, No. 315,§ 2141, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2140, eff. 7/24/2019.
Acts 1972 (Ex. Sess.), No. 54, §§ 1, 2, 4; A.S.A. 1947, §§ 59-312 -- 59-314.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-303 - Standards generally

In approving or rejecting community mental health clinics for the purpose of mental health services, the Secretary of the Department of Human Services shall consider the following factors:
(1)
Adequacy of mental health services provided by the clinic, including mental health outpatient diagnostic and treatment services;
(2)
Rehabilitative services for patients suffering from mental or emotional disorders;
(3)
Collaborative and cooperative services with public health and other state, county, city, and private groups for programs of prevention and treatment of mental illness and other psychiatric, psychological, and social disabilities;
(4)
Consultative services to schools, to courts, and to health and welfare agencies, both public and private;
(5)
Informational and educational services to the general public and to lay and professional groups; and
(6)
Study and training activities in the field of mental health.
Amended by Act 2019, No. 910,§ 5194, eff. 7/1/2019.
Acts 1971, No. 433, ch. 2, § 3; A.S.A. 1947, § 59-303.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-304 - Minimum standards - Adoption

(a)
(1)
The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt appropriate minimum standards of performance in the delivery of mental health services by community mental health centers.
(2)
The standards shall include professional standards and accounting, statistical, and auditing standards.
(b)
In addition, the division shall adopt reasonable minimum standards and requirements for conflict-of-interest policies and purchasing procedures for community mental health centers.
Amended by Act 2017, No. 913,§ 63, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 8, eff. 8/16/2013.
Acts 1985, No. 786, § 1; A.S.A. 1947, § 59-317.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-305 - Minimum standards - Pledge to conform and filing of policies

(a)
As a condition of certification or recertification by the Department of Human Services, each community mental health center shall furnish to the department a resolution of its governing board expressing the board's pledge and intent to conform to the professional standards and accounting, statistical, and auditing standards prescribed by the board.
(b)
Each community mental health center shall file, as a condition of certification or recertification by the department, with the department a copy of the conflict-of-interest policies and purchasing policies of the board. The conflict-of-interest and purchasing policies shall conform to the minimum standards for the policies adopted by the department.
Acts 1985, No. 786, § 2; A.S.A. 1947, § 59-318.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-306 - Minimum standards - Purchasing procedures

(a)
The minimum standards prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for purchases by community mental health centers, so far as practicable, shall be comparable to the limits set for small purchases under the purchasing procedures established by the State Procurement Director and shall require competitive bidding for purchases exceeding those limits.
(b)
However, the purchasing standards established by the division shall not require competitive bids for contracts for professional services in the health, medical, legal, and accounting fields, but shall require the contract entered into by a center to be approved by the chief executive officer and the governing board of the center.
(c)
The standards promulgated by the department shall also require the center to maintain adequate documentation concerning procedures used and the justification for the awarding of the professional contracts.
Amended by Act 2017, No. 913,§ 64, eff. 8/1/2017.
Amended by Act 2013, No. 1132,§ 30, eff. 8/16/2013.
Amended by Act 2013, No. 980,§ 9, eff. 8/16/2013.
Acts 1985, No. 786, § 3; A.S.A. 1947, § 59-319.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-307 - Minimum standards - Records of purchases and service contracts

(a)
The minimum purchasing standards and procedures prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for community mental health centers shall not require preaudit or prepurchase approval by the state of purchases made by the centers but shall require all centers to maintain complete records regarding all such purchases and all professional services contracts entered into by the respective centers for a period of at least two (2) years and shall provide that the records are open for public inspection during that period.
(b)
The division shall review the purchasing procedures and professional services contracts records of each mental health center on a random basis as a part of the regular certification site review to determine compliance with §§
20-46-304
-
20-46-306
, this section, and §
20-46-308
.
Amended by Act 2017, No. 913,§ 65, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 10, eff. 8/16/2013.
Acts 1985, No. 786, § 4; A.S.A. 1947, § 59-320.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-308 - Minimum standards - Periodic audits

(a)
(1)
Each community mental health center shall undergo a periodic audit as may be required by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(2)
Each audit shall reflect the compliance or noncompliance with the provisions of §§
20-46-304
-
20-46-307
.
(b)
Each audit shall be furnished to the division and shall be subject to review by the Legislative Joint Auditing Committee and its staff.
(c)
Nothing in §§
20-46-304
-
20-46-307
shall repeal any authority which now exists for the Legislative Joint Auditing Committee and its staff to audit all or any part of the records of any community mental health center.
Amended by Act 2017, No. 913,§ 66, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 11, eff. 8/16/2013.
Acts 1985, No. 786, § 5; A.S.A. 1946, § 59-321.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-309 - Composition and qualifications of staff and boards

The Secretary of the Department of Human Services shall require the following as to the composition and professional qualifications of the clinic or center staff and control and direction of the clinic or center:
(1)
The community mental health center or clinic should have an administrator who will be responsible for the management and affairs of the agency in accordance with regulations set forth by the National Institute of Mental Health, and as required by local boards of directors;
(2)
Medical responsibility for each patient must be vested in a physician. If that physician is not a psychiatrist, psychiatric consultation must be available to the center staff on a continuing and regularly scheduled basis;
(3)
The clinic or center staff shall include other professional staff such as psychologists, social workers, and nurses with such qualifications, responsibilities, and time on the job as shall correspond with the size and capacity of the clinic; and
(4)
Each clinic or center from which services may be purchased shall be under the control or direction of a county or community board of directors or trustees of a corporation not for profit or a political subdivision of the state. The local board shall have at least one (1) member from each of the various counties for which funds are received by the organization. However, no county shall have more than a simple majority of members on the board unless that county has within it more than fifty percent (50%) of the population of the total area from which the corporation received mental health funds.
Amended by Act 2019, No. 910,§ 5195, eff. 7/1/2019.
Acts 1971, No. 433, ch. 2, § 3; A.S.A. 1947, § 59-303.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-310 - Duty to provide screenings and evaluation studies

Mental health centers in this state, whether local or regional, which have been approved by the Secretary of the Department of Human Services shall provide, upon request of the courts of record in this state, screening and evaluation studies of such persons as shall be referred to the mental health center or clinic by the court.
Amended by Act 2019, No. 910,§ 5196, eff. 7/1/2019.
Acts 1971, No. 433, ch. 2, § 8; A.S.A. 1947, § 59-308.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-311 - Training programs and institutes

(a)
The Arkansas State Hospital may from time to time during each year provide such consultation and conduct such institutes and training programs on a state, regional, district, county, or community level as may be necessary to coordinate, inform, and assist in the training of staff members of the various approved clinics of the state in mental health services and techniques.
(b)
The Arkansas State Hospital may reimburse staff members for reasonable and necessary expenses incurred in attending these institutes and training programs.
Acts 1971, No. 433, ch. 2, § 6; A.S.A. 1947, § 59-306.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-312 - Assistance, cooperation, and purchase of services by certain governmental units

Any state board, state agency, county, municipality, court, school district, hospital district, or other political subdivision of the state or any county court or circuit court is authorized to purchase mental health services from community mental health clinics or centers or to assist and cooperate with these clinics or centers by providing services, facilities, and professional assistance, wherever the assistance is reasonable and furthers the general welfare of the state, county, region, or community.
Acts 1971, No. 433, ch. 2, § 5; A.S.A. 1947, § 59-305.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-313 - Distribution of funds

The Arkansas State Hospital through the Department of Human Services is authorized to distribute such funds to community mental health clinics or centers as are appropriated by the General Assembly.
Acts 1971, No. 433, ch. 2, § 2; A.S.A. 1947, § 59-302.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-314 - Federal grants

The Arkansas State Hospital shall be designated as a proper agency to receive grants-in-aid from the United States Government under the provisions of
42 U.S.C. § 246
, and shall administer the grants in accordance therewith, in addition to grants-in-aid from the United States Government to local or regional mental health clinics or centers.
Acts 1971, No. 433, ch. 2, § 4; A.S.A. 1947, § 59-304.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-315 - Transfer of state's matching share

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to retain and transfer to the Department of Human Services that portion of each community mental health center's or clinic's allotment which is required for the state's matching share for payment to community mental health centers or clinics for services eligible for federal reimbursement under the programs administered by the department.
Amended by Act 2017, No. 913,§ 67, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 12, eff. 8/16/2013.
Acts 1987, No. 1053, § 14.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 3 - COMMUNITY MENTAL HEALTH CENTERS (§§ 20-46-301 — 20-46-316) › Section 20-46-316 - Funding report

(a)
On or before April 30, July 31, October 31, and January 31 of each year, the Department of Human Services shall report the following data to the Legislative Council or the Joint Budget Committee during a regular, fiscal, or extraordinary session:
(1)
A list of community mental health centers that are budgeted to receive funding from the State of Arkansas;
(2)
The total annual amount of general revenue budgeted by the department for the current fiscal year of the reporting period;
(3)
The total annual amount of general revenue distributed in the previous fiscal year to each community mental health center;
(4)
The amount of state funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center;
(5)
The amount of federal funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center; and
(6)
The amount of other funding, listed by funding source, individually distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center.
(b)
Each quarterly report shall cover the immediate preceding calendar quarter and appropriate fiscal year.
Added by Act 2019, No. 875,§ 21, eff. 4/11/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 5 - INTENSIVE RESIDENTIAL TREATMENT (§§ 20-46-501 — 20-46-505) › Section 20-46-501 - Purpose

The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide intensive residential treatment for adults with long-term severe mental illness within specialized mental health residential settings.
Amended by Act 2017, No. 913,§ 68, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013.
Acts 1987, No. 648, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 5 - INTENSIVE RESIDENTIAL TREATMENT (§§ 20-46-501 — 20-46-505) › Section 20-46-502 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
(A)
"Adults with long-term severe mental illness" means a person, eighteen (18) years of age or over, who meets criteria for service eligibility as defined by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(B)
Individuals whose sole disability results from alcoholism, drug abuse, or intellectual or other developmental disability are excluded from this definition; and
(2)
(A)
"Intensive residential treatment program" means a nonhospital establishment with permanent facilities which provides a twenty-four-hour program of care by qualified therapists, including, but not limited to, licensed mental health professionals, psychiatrists, psychologists, psychotherapists, and licensed certified social workers for adults who have severe long-term mental illness but who are not in an acute phase of illness requiring the services of a psychiatric hospital, and who are in need of supervision or restorative treatment services.
(B)
An establishment furnishing primarily domiciliary care is not within this definition.
Amended by Act 2019, No. 1035,§ 14, eff. 7/24/2019.
Amended by Act 2017, No. 913,§ 69, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013.
Acts 1987, No. 648, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 5 - INTENSIVE RESIDENTIAL TREATMENT (§§ 20-46-501 — 20-46-505) › Section 20-46-503 - Authority to establish program

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to establish and maintain in a specialized mental health setting an intensive residential treatment program for adults with long-term severe mental illness.
Amended by Act 2017, No. 913,§ 70, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013.
Acts 1987, No. 648, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 5 - INTENSIVE RESIDENTIAL TREATMENT (§§ 20-46-501 — 20-46-505) › Section 20-46-504 - Rules

(a)
The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt, promulgate, and enforce the rules and standards that may be necessary for the accomplishment of this subchapter.
(b)
The rules and standards shall be modified, amended, or rescinded from time to time by the division as may be in the public interest.
Amended by Act 2019, No. 315,§ 2142, eff. 7/24/2019.
Amended by Act 2017, No. 913,§ 71, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013.
Acts 1987, No. 648, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 5 - INTENSIVE RESIDENTIAL TREATMENT (§§ 20-46-501 — 20-46-505) › Section 20-46-505 - Procedures

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act, §
25-15-201
et seq., in exercising any power authorized by this subchapter.
Amended by Act 2017, No. 913,§ 72, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013.
Acts 1987, No. 648, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 6 - MENTAL ILLNESS AND SUBSTANCE ABUSE (§ 20-46-601) › Section 20-46-601 - Tracking and treatment of persons suffering from mental illness and substance abuse - Definition

(a)
The General Assembly finds that:
(1)
Persons who suffer from mental illness and who abuse various chemical substances contribute disproportionately to the problem of violence in our society; and
(2)
It is the purpose of this section to establish a utilization review and treatment program to reduce violence among persons who suffer from mental illness and who abuse chemical substances without a costly expansion of the Arkansas State Hospital.
(b)
For purposes of this section, "client" means a person diagnosed to be addicted to drugs or alcohol who has been committed to the custody of the Secretary of the Department of Human Services pursuant to §
5-2-314
as a result of acquittal, on the ground of mental disease or defect, of an offense involving bodily injury to another person or serious risk of such injury.
(c)
The Department of Human Services shall establish a system to:
(1)
Provide case management of clients;
(2)
Provide one (1) or more secure residential treatment facility or facilities designed to treat clients;
(3)
Provide community crisis stabilization beds for clients;
(4)
Provide client assessment and admission to treatment programs as necessary; and
(5)
Review treatment utilization and track clients.
(d)
The department is authorized to enter into contracts with any public or private nonprofit entity for the purpose of implementing this section.
Amended by Act 2019, No. 910,§ 5197, eff. 7/1/2019.
Acts 1995, No. 1208, §§ 1-4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 7 - PROVIDERS OF INDIGENT ASSISTANCE (§§ 20-46-701 — 20-46-703) › Section 20-46-701 - Authority - Scope

(a)
Except when otherwise specified in federal law or regulation or state law, this subchapter shall be the exclusive state authority governing the survey process for psychiatric residential treatment facilities and outpatient mental health services programs.
(b)
The scope of any survey or audit shall be limited to determining whether a facility is in compliance with applicable federal and state regulations.
Acts 2005, No. 1885, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 7 - PROVIDERS OF INDIGENT ASSISTANCE (§§ 20-46-701 — 20-46-703) › Section 20-46-702 - Definitions

(a)
As used in this subchapter:
(1)
(A)
"Brief hold" means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident.
(B)
In no event shall a brief hold be construed as a personal restraint;
(2)
[Repealed.]
(3)
[Repealed.]
(4)
"Program provider" means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program for indigent persons;
(5)
(A)
"Seclusion" means a behavior-control technique involving the involuntary confinement of a resident in locked isolation.
(B)
In no event shall verbal direction be construed as seclusion;
(6)
"Serious injury" means any significant impairment of the physical condition of the resident whether self-inflicted or inflicted by someone else as determined by the provider's qualified medical personnel, including, but not limited to:
(A)
Burns;
(B)
Lacerations;
(C)
Bone fractures;
(D)
Substantial hematoma; and
(E)
Injuries to internal organs, whether self-inflicted or inflicted by someone else;
(7)
"Serious occurrence" means a resident's death, serious injury, or suicide attempt;
(8)
"Suicide attempt" means any action taken by a resident for the purpose of inflicting death or serious injury to the resident as determined by the provider's qualified medical personnel;
(9)
"Survey" means any process by which compliance with federal law and regulations applicable to a program provider is determined;
(10)
"Survey team" means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and
(11)
(A)
"Time-out" means a behavior-management technique that involves the separation of a resident from other residents for a period of time to a designated area from which the resident is not physically prevented from leaving.
(B)
In no event shall a time-out be construed as a seclusion.
(C)
In no event shall verbal direction be construed as time-out.
(b)
The definitions in this section apply to any survey conducted upon any psychiatric residential treatment facility or outpatient mental health services funded by a medical care program for indigent persons.
Amended by Act 2019, No. 389,§ 54, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5198, eff. 7/1/2019.
Acts 2005, No. 1885, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 46 - MENTAL HEALTH AGENCIES AND FACILITIES (§§ 20-46-101 — 20-46-703) › Subchapter 7 - PROVIDERS OF INDIGENT ASSISTANCE (§§ 20-46-701 — 20-46-703) › Section 20-46-703 - Surveys of program providers

(a)
The survey team shall:
(1)
Conduct an exit conference during every survey;
(2)
Allow electronic signatures and dates and dictated dates to serve as service delivery documentation;
(3)
To the extent possible, conduct patient interviews in a manner that does not disrupt patient care or suggest a particular response from the interviewee;
(4)
Conduct follow-up surveys on an accelerated schedule only upon a finding that a program provider is not in substantial compliance with applicable laws and rules; and
(5)
(A)
Allow the program provider the option to submit to the surveyor within one (1) working day of an entrance interview a written summary of incident and accident reports instead of the actual reports.
(B)
The requirements of subdivision (a)(5)(A) of this section shall not prevent the Department of Human Services from accessing all records related to the survey within any time frames established by federal law or regulation.
(b)
A corrective action response shall be submitted to the survey team within thirty (30) days after the program provider receives the report, but the time allowed for submitting the corrective action response shall be extended up to sixty (60) days upon request of the program provider.
(c)
For purposes of compliance with the Arkansas Medicaid Program, program providers shall be prohibited from reporting serious occurrences to another entity other than the department and, if applicable, to the Centers for Medicare & Medicaid Services.
(d)
The Secretary of the Department of Human Services shall ensure that the department complies with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., and with §
20-77-107
in regard to all surveys of program providers.
Amended by Act 2019, No. 315,§ 2143, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5199, eff. 7/1/2019.
Acts 2005, No. 1885, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-47-101 — 20-47-109) › Section 20-47-101 - [Repealed]

Repealed by Act 2017, No. 423,§ 28, eff. 8/1/2017.
Crim. Code, § 383; C. & M. Dig., § 5827; Pope's Dig., § 7544; A.S.A. 1947, § 59-102.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-47-101 — 20-47-109) › Section 20-47-102 - [Repealed]

Repealed by Act 2017, No. 423,§ 29, eff. 8/1/2017.
Rev. Stat., ch. 78, § 3; C. & M. Dig., § 5830; Pope's Dig., § 7547; A.S.A. 1947, § 59-104; Acts 2003, No. 1185, § 256.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-47-101 — 20-47-109) › Section 20-47-103 - [Repealed]

Repealed by Act 2017, No. 423,§ 30, eff. 8/1/2017.
Rev. Stat., ch. 78, §§ 2, 7; C. & M. Dig., §§ 5829, 5831; Pope's Dig., §§ 7546, 7548; A.S.A. 1947, §§ 59-101, 59-105; Acts 2001, No. 1478, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-47-101 — 20-47-109) › Section 20-47-104 - [Repealed]

Repealed by Act 2017, No. 423,§ 31, eff. 8/1/2017.
Crim. Code, § 386; C. & M. Dig., § 5828; Pope's Dig., § 7545; A.S.A. 1947, § 59-103; Acts 2001, No. 1478, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-47-101 — 20-47-109) › Section 20-47-105 - Liability for costs of proceedings

(a)
When an individual is detained or involuntarily admitted to a mental health facility under the Behavioral Health Crisis Intervention Protocol Act of 2017, §
20-47-801
et seq., or to the state's mental health system, the costs of proceedings shall be paid according to §
20-47-201
et seq.
(b)
If the individual alleged to be in need of involuntary admission to the state's mental health system or who was detained under the Behavioral Health Crisis Intervention Protocol Act of 2017, §
20-47-801
et seq., is discharged without admission, the costs of proceedings shall be paid by the person at whose instance the proceedings were held, unless waived by the court.
Amended by Act 2017, No. 423,§ 32, eff. 8/1/2017.
Rev. Stat., ch. 78, §§ 5, 6; C. & M. Dig., §§ 5832, 5833; Pope's Dig., §§ 7549, 7550; A.S.A. 1947, §§ 59-108, 59-109; Acts 2001, No. 1478, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-47-101 — 20-47-109) › Section 20-47-106 - Liability for support

A person legally liable for the support, care, or maintenance of an individual in need of state mental health services under this chapter is liable for the costs of mental health services to the extent that:
(1)
The individual in need of services lacks the ability to pay;
(2)
The mental health services are not covered by a policy of insurance or other source of payment; and
(3)
The legally liable person is able to pay.
Amended by Act 2017, No. 423,§ 33, eff. 8/1/2017.
Rev. Stat., ch. 78, § 48; C. & M. Dig., § 5881; Pope's Dig., § 7603; A.S.A. 1947, § 59-115; Acts 2001, No. 1478, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-47-101 — 20-47-109) › Section 20-47-107 - [Repealed]

Repealed by Act 2017, No. 423,§ 34, eff. 8/1/2017.
Rev. Stat., ch. 78, § 47; C. & M. Dig., § 5880; Pope's Dig., § 7602; A.S.A. 1947, § 59-114; Acts 2001, No. 1478, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-47-101 — 20-47-109) › Section 20-47-109 - Abuse of patients prohibited

(a)
In addition to the protections provided to patients under the Adult and Long-Term Care Facility Resident Maltreatment Act, §
12-12-1701
et seq., employees, agents, servants, or officers of the Arkansas State Hospital are prohibited from striking, beating, abusing, intimidating, assaulting, or in any manner physically chastising any patient in the Arkansas State Hospital.
(b)
(1)
It is the duty of all employees, agents, servants, or officers of the Arkansas State Hospital, upon learning of a violation of subsection (a) of this section, to immediately notify in writing the Director of the Arkansas State Hospital.
(2)
Upon receiving a written report of a violation of this section, the director shall immediately investigate the incident and submit a report of the result of his or her findings to the Department of Human Services State Institutional System Board at its next regular meeting.
(3)
If the board finds the report to be true and finds that a violation of this section has occurred, the person who violated this section shall be immediately dismissed from employment at the Arkansas State Hospital and is no longer eligible for further employment with the Arkansas State Hospital.
(4)
If the board, after reading the report, determines that a violation of the state's criminal laws has occurred, the board shall immediately submit the report to the prosecuting attorney.
Amended by Act 2017, No. 423,§ 35, eff. 8/1/2017.
Acts 1971, No. 433, ch. 7, § 1; A.S.A. 1947, § 59-601.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-201 - Purpose - Policy

(a)
The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to assist in:
(1)
Establishing, maintaining, and coordinating a comprehensive and effective system of services for persons with mental illness, disease, or disorder who may be voluntarily or involuntarily admitted to mental health facilities and programs within the state;
(2)
Reducing the occurrence, severity, and duration of mental disabilities; and
(3)
Preventing persons with mental illness from harming themselves or others.
(b)
It is the policy of this state to provide access for persons with severe mental illness to appropriate, adequate, and humane care which, to the extent possible while meeting the purposes of rehabilitation and treatment, is:
(1)
Within each person's own geographic area of residence;
(2)
Least restrictive of the person's freedom of movement and ability to function normally in society, while being appropriate to the individual's capacity and promoting the person's independence; and
(3)
Directed toward assuring movement through all treatment components to assure continuity of care.
(c)
It is the policy of this state to maintain involuntary admission laws to ensure that mental illness, disease, or disorder in and of itself is insufficient to involuntarily admit any person into the mental health services system.
Amended by Act 2017, No. 913,§ 73, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 14, eff. 8/16/2013.
Acts 1989, No. 861, § 27.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-203 - Habeas corpus

Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law.
Acts 1989, No. 861, § 24.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-205 - Jurisdiction of circuit court

(a)
The circuit courts of this state shall have exclusive jurisdiction of the involuntary admission procedures initiated pursuant to this subchapter.
(b)
(1)
Within seven (7) days of the person's detention, excluding weekends and holidays, the court shall conduct the hearing as defined in §
20-47-214
.
(2)
Except as otherwise provided in subsection (d) of this section, the hearing, as defined by §§
20-47-214
and
20-47-215
, shall be conducted by the same court, or by a judge designated on exchange, who heard the original petition and issued the appropriate order.
(3)
The court shall ensure that the person sought to be involuntarily admitted is afforded all his or her rights as prescribed by this subchapter.
(4)
The circuit judge, when conducting any hearing set out in this subchapter, may conduct the hearing within any county of the judge's judicial district.
(c)
The hearings conducted pursuant to §§
20-47-209
,
20-47-214
, and
20-47-215
may be held at inpatient programs of the state mental health system or a receiving facility or program where the person is detained.
(d)
A circuit judge of the Sixth Judicial District sitting within the Sixth Judicial District may conduct involuntary commitment hearings prescribed by §§
20-47-214
and
20-47-215
and initiated in other judicial districts of this state pursuant to §§
20-47-207
and
20-47-209
provided that the person sought to be committed is detained within the boundaries of the Sixth Judicial District at the time of the hearing held pursuant to §§
20-47-214
or
20-47-215
. The Sixth Judicial District shall thus assume the mantle of other judicial districts and shall have the authority to enter treatment orders for other judicial districts in the hearings prescribed by §§
20-47-214
and
20-47-215
. In those cases, no initial petition pursuant to §
20-47-207
shall be filed in the Sixth Judicial District but only in the court of original jurisdiction. Provided, however, if the person was transported to a location within the Sixth Judicial District by order of a court outside the Sixth Judicial District, the court of original jurisdiction may conduct the hearings prescribed by §§
20-47-214
and
20-47-215
.
Acts 1989, No. 861, § 2; 1989 (3rd Ex. Sess.), No. 28, § 4; 1997, No. 1224, § 1; 1999, No. 1245, § 1; 2003, No. 1185, § 257.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-208 - Role of prosecuting attorney

(a)
(1)
It shall be the duty of the prosecuting attorney's office in the county where the petition is filed to represent the petitioner, regardless of the petitioner's financial status, at all hearings held in the circuit court pursuant to this subchapter except those hearings held before the circuit judge at the Arkansas State Hospital in Pulaski County, Arkansas.
(2)
The Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the circuit judge at the Arkansas State Hospital. The prosecuting attorneys of applicable counties may contract with other attorneys to provide these services.
(b)
Such representation shall be a part of the official duties of the prosecuting attorney or of the Prosecutor Coordinator, and the prosecuting attorney and the Prosecutor Coordinator shall be immune from civil liability in the performance of this official duty.
(c)
Nothing in this section shall prevent the petitioner from retaining his or her own counsel in these proceedings, in which case the prosecuting attorney or the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner.
Acts 1989, No. 861, § 13; 1989 (3rd Ex. Sess.), No. 72, § 3; 1997, No. 1224, § 2.