Text of AR SB 444 (2025)
To Amend The Medical Ethics And Diversity Act.
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As introduced
12,426 characters
Stricken language would be deleted from and underlined language would be added to present law.
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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
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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:
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(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
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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
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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
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(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
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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
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(2) Testified, assisted, or participated, or is about to
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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
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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.
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As enrolled or final
13,468 characters
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
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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
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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
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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
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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
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(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
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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
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/s/K. Hammer
23
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APPROVED: 4/21/25
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