Text of AR SB 444 (2025)

To Amend The Medical Ethics And Diversity Act.

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Stricken language would be deleted from and underlined language would be added to present law. *JMB497* 03/12/2025 11:51:29 AM JMB497 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 444 3 4 By: Senator K. Hammer 5 By: Representative L. Johnson 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE MEDICAL ETHICS AND DIVERSITY ACT; 9 AND FOR OTHER PURPOSES. 10 11 12 Subtitle 13 TO AMEND THE MEDICAL ETHICS AND 14 DIVERSITY ACT. 15 16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 18 SECTION 1. Arkansas Code § 17-80-503(5), concerning the definition of 19 healthcare service within the Medical Ethics and Diversity Act, is amended to 20 read as follows: 21 (5) “Healthcare service” means medical research or medical care 22 provided to a patient at any time over the entire course of treatment, 23 including without limitation: 24 (A) Initial examination; 25 (B) Patient referral; 26 (C) Counseling or psychological therapy; 27 (D) Therapy; 28 (E) Testing; 29 (F) Research; 30 (G) Diagnosis or prognosis; 31 (H) Instruction; 32 (I) Dispensing or administering, or both, of any drug, 33 medication, or device; 34 (J) Set up or performance of a surgery or other procedure; 35 (K) Recordkeeping and recordmaking procedures and notes 36 SB444 2 03/12/2025 11:51:29 AM JMB497 related to treatment; and 1 (L) Other care or services provided by a medical 2 practitioner or healthcare institution; 3 4 SECTION 2. Arkansas Code § 17-80-504 is amended to read as follows: 5 17-80-504. Right of conscience. 6 (a) A medical practitioner, healthcare institution, or healthcare 7 payer: 8 (1) Has the right not to participate in a healthcare service 9 that violates his, her, or its conscience; 10 (2) Is not required to participate in a healthcare service that 11 violates his, her, or its conscience; 12 (3) Is not civilly, criminally, or administratively liable for 13 declining to participate in a healthcare service that violates his, her, or 14 its conscience; 15 (4) Is not civilly, criminally, or administratively liable for 16 the exercise of conscience rights not to participate in a healthcare service 17 by a medical practitioner employed, contracted, or granted admitting 18 privileges by a healthcare institution; and 19 (5) Shall not be discriminated against in any manner based upon 20 his, her, or its declining to participate in a healthcare service that 21 violates his, her, or its conscience. 22 (b) Exercise of the right of conscience is limited to conscience-based 23 objections to a particular healthcare service. 24 (c) A worker in the medical field, whether a contractor or employee, 25 has the right to not facilitate or participate in an abortion, assisted 26 suicide, or gender transition procedure or service in any manner. 27 (d) A medical practitioner, healthcare institution, or healthcare 28 payer that holds himself, herself, or itself out to the public as religious, 29 states in its governing documents that it has a religious purpose or mission, 30 and has internal operating policies or procedures that implement its 31 religious beliefs has the right to make employment, staffing, contracting, 32 and admitting privilege decisions consistent with his, her, or its religious 33 beliefs. 34 (d)(e) The right of conscience described in subsection (a) of this 35 section does not include the right to deny emergency medical care as required 36 SB444 3 03/12/2025 11:51:29 AM JMB497 under 42 U.S.C. § 1395dd, as existing on January 1, 2021, or any other 1 federal law governing emergency medical treatment, as existing on January 1, 2 2021. 3 (e)(1)(f)(1) When a medical practitioner declines to participate in a 4 healthcare service for reasons of conscience, the medical practitioner shall 5 alert the employing healthcare institution at the earliest reasonable time 6 and comply with any applicable protocol developed under this section. 7 (2)(A) A healthcare institution may develop a protocol for 8 situations in which a medical practitioner declines to participate in a 9 healthcare service. 10 (B) The protocol shall provide for prompt patient access 11 to medical records to facilitate transfer, if needed. 12 (3) This section does not require a healthcare institution or 13 medical practitioner to perform a healthcare service, counsel, or refer a 14 patient regarding a healthcare service that is contrary to the conscience of 15 the medical practitioner or healthcare institution. 16 (f)(1)(g)(1) This section does not prohibit an employer or contracting 17 healthcare institution from disclosing the specific healthcare services that 18 an applicant would be required to participate in if he or she is hired for 19 the position or contract. 20 (2) Upon being informed of the specific healthcare services 21 required of the position or contract, the applicant shall disclose whether 22 he, she, or it has a conscience objection to any of those required duties. 23 (3) However, a medical practitioner or healthcare institution 24 shall be able to decline to participate in a healthcare service that violates 25 his, her, or its conscience if the employer or contracting healthcare 26 institution, after employment, adds healthcare services to a medical 27 practitioner's or healthcare institution's duties that would require the 28 medical practitioner or healthcare institution to provide services that 29 violate his, her, or its conscience. 30 (g)(1)(h)(1) A healthcare payer shall file its conscience policies 31 annually with the State Insurance Department by including a comprehensive 32 list by billing code of any and all products, services, and procedures that 33 the healthcare payer shall not pay or make payment for reasons of conscience. 34 (2) The annual filing described in subdivision (g)(1) (h)(1) of 35 this section shall: 36 SB444 4 03/12/2025 11:51:29 AM JMB497 (A) Be provided annually to each beneficiary of the 1 healthcare payer and on the website of the healthcare payer; and 2 (B) Not be required for any year in which the healthcare 3 payer will not exercise its conscience rights under this subchapter. 4 (h)(i) A healthcare payer shall not use a conscience objection to 5 refuse or reduce payments to a healthcare provider, healthcare institution, 6 or beneficiary for any product, service, or procedure that is not included in 7 the annual filing required under subdivision (g)(1) (h)(1) of this section. 8 (i)(j) A healthcare payer shall not compel by undue influence, fraud, 9 or duress a healthcare provider, healthcare institution, or beneficiary to 10 accept a contract or contract amendment that violates the conscience of the 11 healthcare provider, healthcare institution, or beneficiary. 12 (j)(k) The department may issue rules and take any other action 13 necessary or appropriate to enforce subsections (g)-(i) (h)-(j) of this 14 section. 15 16 SECTION 3. Arkansas Code Title 17, Chapter 80, Subchapter 5, is 17 amended to add additional sections to read as follows: 18 17-80-507. Protection from discrimination. 19 (a) A healthcare provider shall not be discriminated against because 20 the healthcare provider: 21 (1) Provided, caused to be provided, or is about to provide or 22 cause to be provided information relating to any act or omission the 23 healthcare provider reasonably believes to be a violation of any provision of 24 this subchapter to: 25 (A) His or her employer; 26 (B) The Attorney General; 27 (C) The Department of Health; 28 (D) Any state agency charged with protecting healthcare 29 rights of conscience; 30 (E) The United States Department of Health and Human 31 Services; 32 (F) The United States Office for Civil Rights; or 33 (G) Any state or federal agency charged with protecting 34 healthcare rights of conscience; or 35 (2) Testified, assisted, or participated, or is about to 36 SB444 5 03/12/2025 11:51:29 AM JMB497 testify, assist, or participate, in a proceeding concerning a violation. 1 (b) Unless the disclosure is specifically prohibited by law, a 2 healthcare provider shall not be discriminated against because the healthcare 3 provider discloses information, including by a formal or informal 4 communication, transmission, or discussion, that the healthcare provider 5 reasonably believes evidences: 6 (1) Any violation of any law; or 7 (2) Gross mismanagement, a gross waste of funds, an abuse of 8 authority, a practice or method of treatment that may put patient health at 9 risk, or a substantial and specific danger to public health or safety. 10 (c) Notwithstanding any other provision in this section, a complaint 11 by a medical practitioner against another medical practitioner shall be 12 submitted according to the peer review process mandated by the Health Care 13 Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., as existing on 14 January 1, 2025. 15 16 17-80-508. First Amendment protections. 17 (a)(1) A state licensing, certifying, or recognizing board or entity, 18 or the Department of Health, shall not reprimand, sanction, revoke, or 19 threaten to revoke a license, certification, or registration of, or otherwise 20 discriminate against, a medical practitioner for engaging in speech, 21 expression, or association that is protected from government interference by 22 the First Amendment of the United States Constitution, unless the board, 23 entity, or the department, as applicable, demonstrates by clear and 24 convincing evidence that the medical practitioner’s speech, expression, or 25 association was the direct cause of physical harm to a person with whom the 26 medical practitioner had a practitioner-patient relationship within the three 27 (3) years immediately preceding the incident of physical harm. 28 (2) The licensing, certifying, or recognizing board or entity, 29 or the department, as applicable, shall: 30 (A) Provide a medical practitioner with any complaints it 31 has received that may result in the revocation of the medical practitioner’s 32 license, certification, or registration, within twenty-one (21) days after 33 receipt of the complaint; and 34 (B) Pay the medical practitioner an administrative penalty 35 of five hundred dollars ($500) for each day the complaint is not provided to 36 SB444 6 03/12/2025 11:51:29 AM JMB497 the medical practitioner after the specified twenty-one (21) days. 1 (b) A political subdivision of this state shall not contract with, 2 approve, or require an individual to obtain certifications or credentials 3 issued or approved by a specialty board or other recognizing or certifying 4 entity that revokes the certification of, or refuses to issue certification 5 to, an individual because the individual has engaged in speech, expression, 6 or association that is protected from government interference by the First 7 Amendment of the United States Constitution if the individual was not 8 providing medical advice or treatment to a specific patient that resulted in 9 physical harm to the patient. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

As enrolled or final

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Stricken language would be deleted from and underlined language would be added to present law. Act 970 of the Regular Session Act 970 of the Regular Session *JMB497* 03-20-2025 10:16:54 JMB497 State of Arkansas As Engrossed: S3/20/25 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 444 3 4 By: Senator K. Hammer 5 By: Representative L. Johnson 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE MEDICAL ETHICS AND DIVERSITY ACT; 9 AND FOR OTHER PURPOSES. 10 11 12 Subtitle 13 TO AMEND THE MEDICAL ETHICS AND 14 DIVERSITY ACT. 15 16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 18 SECTION 1. Arkansas Code § 17-80-503(5), concerning the definition of 19 healthcare service within the Medical Ethics and Diversity Act, is amended to 20 read as follows: 21 (5) “Healthcare service” means medical research or medical care 22 provided to a patient at any time over the entire course of treatment, 23 including without limitation: 24 (A) Initial examination; 25 (B) Patient referral; 26 (C) Counseling or psychological therapy; 27 (D) Therapy; 28 (E) Testing; 29 (F) Research; 30 (G) Diagnosis or prognosis; 31 (H) Instruction; 32 (I) Dispensing or administering, or both, of any drug, 33 medication, or device; 34 (J) Set up or performance of a surgery or other procedure; 35 (K) Recordkeeping and recordmaking procedures and notes 36 As Engrossed: S3/20/25 SB444 2 03-20-2025 10:16:54 JMB497 related to treatment; and 1 (L) Other care or services provided by a medical 2 practitioner or healthcare institution; 3 4 SECTION 2. Arkansas Code § 17-80-504 is amended to read as follows: 5 17-80-504. Right of conscience. 6 (a) A medical practitioner, healthcare institution, or healthcare 7 payer: 8 (1) Has the right not to participate in a healthcare service 9 that violates his, her, or its conscience; 10 (2) Is not required to participate in a healthcare service that 11 violates his, her, or its conscience; 12 (3) Is not civilly, criminally, or administratively liable for 13 declining to participate in a healthcare service that violates his, her, or 14 its conscience; 15 (4) Is not civilly, criminally, or administratively liable for 16 the exercise of conscience rights not to participate in a healthcare service 17 by a medical practitioner employed, contracted, or granted admitting 18 privileges by a healthcare institution; and 19 (5) Shall not be discriminated against in any manner based upon 20 his, her, or its declining to participate in a healthcare service that 21 violates his, her, or its conscience. 22 (b) Exercise of the right of conscience is limited to conscience-based 23 objections to a particular healthcare service. 24 (c) A worker in the medical field, whether a contractor or employee, 25 has the right to not facilitate or participate in an abortion, assisted 26 suicide, or gender transition procedure or service in any manner, except as 27 required by subsection (e) of this section and an abortion performed in 28 accordance with the Arkansas Human Life Protection Act, § 5-61-301 et seq., 29 and the Arkansas Unborn Child Protection Act, § 5-1-401 et seq. 30 (d) A medical practitioner, healthcare institution, or healthcare 31 payer that holds himself, herself, or itself out to the public as religious, 32 states in its governing documents that it has a religious purpose or mission, 33 and has internal operating policies or procedures that implement its 34 religious beliefs has the right to make employment, staffing, contracting, 35 and admitting privilege decisions consistent with his, her, or its religious 36 As Engrossed: S3/20/25 SB444 3 03-20-2025 10:16:54 JMB497 beliefs. 1 (d)(e)(1) The right of conscience described in subsection (a) of this 2 section does not include the right to deny emergency medical care as required 3 under 42 U.S.C. § 1395dd, as existing on January 1, 2021, or any other 4 federal law governing emergency medical treatment, as existing on January 1, 5 2021. 6 (2) Emergency medical care services provided at a hospital that 7 are required by 42 U.S.C. § 1395dd, as existing on January 1, 2025, and 8 performed in accordance with the requirements of the Arkansas Human Life 9 Protection Act, § 5-61-301 et seq., and the Arkansas Unborn Child Protection 10 Act, § 5-1-401 et seq., are not violations of this subchapter. 11 (e)(1)(f)(1) When a medical practitioner declines to participate in a 12 healthcare service for reasons of conscience, the medical practitioner shall 13 alert the employing healthcare institution at the earliest reasonable time 14 and comply with any applicable protocol developed under this section. 15 (2)(A) A healthcare institution may develop a protocol for 16 situations in which a medical practitioner declines to participate in a 17 healthcare service. 18 (B) The protocol shall provide for prompt patient access 19 to medical records to facilitate transfer, if needed. 20 (3) This section does not require a healthcare institution or 21 medical practitioner to perform a healthcare service, counsel, or refer a 22 patient regarding a healthcare service that is contrary to the conscience of 23 the medical practitioner or healthcare institution. 24 (f)(1)(g)(1) This section does not prohibit an employer or contracting 25 healthcare institution from disclosing the specific healthcare services that 26 an applicant would be required to participate in if he or she is hired for 27 the position or contract. 28 (2) Upon being informed of the specific healthcare services 29 required of the position or contract, the applicant shall disclose whether 30 he, she, or it has a conscience objection to any of those required duties. 31 (3) However, a medical practitioner or healthcare institution 32 shall be able to decline to participate in a healthcare service that violates 33 his, her, or its conscience if the employer or contracting healthcare 34 institution, after employment, adds healthcare services to a medical 35 practitioner's or healthcare institution's duties that would require the 36 As Engrossed: S3/20/25 SB444 4 03-20-2025 10:16:54 JMB497 medical practitioner or healthcare institution to provide services that 1 violate his, her, or its conscience. 2 (g)(1)(h)(1) A healthcare payer shall file its conscience policies 3 annually with the State Insurance Department by including a comprehensive 4 list by billing code of any and all products, services, and procedures that 5 the healthcare payer shall not pay or make payment for reasons of conscience. 6 (2) The annual filing described in subdivision (g)(1) (h)(1) of 7 this section shall: 8 (A) Be provided annually to each beneficiary of the 9 healthcare payer and on the website of the healthcare payer; and 10 (B) Not be required for any year in which the healthcare 11 payer will not exercise its conscience rights under this subchapter. 12 (h)(i) A healthcare payer shall not use a conscience objection to 13 refuse or reduce payments to a healthcare provider, healthcare institution, 14 or beneficiary for any product, service, or procedure that is not included in 15 the annual filing required under subdivision (g)(1) (h)(1) of this section. 16 (i)(j) A healthcare payer shall not compel by undue influence, fraud, 17 or duress a healthcare provider, healthcare institution, or beneficiary to 18 accept a contract or contract amendment that violates the conscience of the 19 healthcare provider, healthcare institution, or beneficiary. 20 (j)(k) The department may issue rules and take any other action 21 necessary or appropriate to enforce subsections (g)-(i) (h)-(j) of this 22 section. 23 24 SECTION 3. Arkansas Code Title 17, Chapter 80, Subchapter 5, is 25 amended to add additional sections to read as follows: 26 17-80-507. Protection from discrimination. 27 (a) A healthcare provider shall not be discriminated against because 28 the healthcare provider: 29 (1) Provided, caused to be provided, or is about to provide or 30 cause to be provided information relating to any act or omission the 31 healthcare provider reasonably believes to be a violation of any provision of 32 this subchapter to: 33 (A) His or her employer; 34 (B) The Attorney General; 35 (C) The Department of Health; 36 As Engrossed: S3/20/25 SB444 5 03-20-2025 10:16:54 JMB497 (D) Any state agency charged with protecting healthcare 1 rights of conscience; 2 (E) The United States Department of Health and Human 3 Services; 4 (F) The United States Office for Civil Rights; or 5 (G) Any state or federal agency charged with protecting 6 healthcare rights of conscience; or 7 (2) Testified, assisted, or participated, or is about to 8 testify, assist, or participate, in a proceeding concerning a violation. 9 (b) Unless the disclosure is specifically prohibited by law, a medical 10 researcher, physician, or directly participating healthcare provider shall 11 not be discriminated against because the medical researcher, physician, or 12 directly participating healthcare provider discloses information, including 13 by a formal or informal communication, transmission, or discussion, that the 14 medical researcher, physician, or directly participating healthcare provider 15 reasonably believes evidences: 16 (1) Any violation of any law related to medical research or the 17 provision of healthcare services; or 18 (2) Gross mismanagement, a gross waste of funds, an abuse of 19 authority, a practice or method of treatment that may put patient health at 20 risk, or a substantial and specific danger to public health or safety. 21 (c) Notwithstanding any other provision in this section, a complaint 22 by a medical practitioner against another medical practitioner shall be 23 submitted according to the peer review process mandated by the Health Care 24 Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., as existing on 25 January 1, 2025. 26 27 17-80-508. First Amendment protections. 28 (a)(1) A state licensing, certifying, or recognizing board or entity, 29 or the Department of Health, shall not reprimand, sanction, revoke, or 30 threaten to revoke a license, certification, or registration of, or otherwise 31 discriminate against, a medical practitioner for engaging in speech, 32 expression, or association that is protected from government interference by 33 the First Amendment of the United States Constitution, unless the board, 34 entity, or the department, as applicable, demonstrates by clear and 35 convincing evidence that the medical practitioner’s speech, expression, or 36 As Engrossed: S3/20/25 SB444 6 03-20-2025 10:16:54 JMB497 association was the direct cause of physical harm to a person with whom the 1 medical practitioner had a practitioner-patient relationship within the three 2 (3) years immediately preceding the incident of physical harm. 3 (2) The licensing, certifying, or recognizing board or entity, 4 or the department, as applicable, shall: 5 (A) Provide a medical practitioner with any complaints it 6 has received that may result in the revocation of the medical practitioner’s 7 license, certification, or registration, within twenty-one (21) days after 8 receipt of the complaint; and 9 (B) Pay the medical practitioner an administrative penalty 10 of five hundred dollars ($500) for each day the complaint is not provided to 11 the medical practitioner after the specified twenty-one (21) days. 12 (b) A political subdivision of this state shall not contract with, 13 approve, or require an individual to obtain certifications or credentials 14 issued or approved by a specialty board or other recognizing or certifying 15 entity that revokes the certification of, or refuses to issue certification 16 to, an individual because the individual has engaged in speech, expression, 17 or association that is protected from government interference by the First 18 Amendment of the United States Constitution if the individual was not 19 providing medical advice or treatment to a specific patient that resulted in 20 physical harm to the patient. 21 22 /s/K. Hammer 23 24 25 APPROVED: 4/21/25 26 27 28 29 30 31 32 33 34 35