Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 80 - GENERAL PROVISIONS (§§ 17-80-101 — 17-80-506) › Subchapter 5 - MEDICAL ETHICS AND DIVERSITY ACT (§§ 17-80-501 — 17-80-506) › Section 17-80-503 - Definitions

As used in this subchapter:
(1)
(A)
"Conscience" means the religious, moral, or ethical beliefs or principles of a medical practitioner, healthcare institution, or healthcare payer.
(B)
"Conscience" of an institutional entity or corporate body may be determined by reference to existing or proposed documents, including without limitation any published religious, moral, or ethical guidelines or directives, mission statements, constitutions, bylaws, articles of incorporation, policies, regulations, or other relevant documents;
(2)
(A)
"Discriminate" means to take an adverse action against, or communicate a threat of adverse action to, any medical practitioner, healthcare institution, or healthcare payer as a result of a decision by a medical practitioner, healthcare institution, or healthcare payer to decline to participate in a healthcare service on the basis of the conscience of the medical practitioner, healthcare institution, or healthcare payer, including without limitation:
(i)
Termination;
(ii)
Refusal of staff privileges;
(iii)
Refusal of board certification;
(iv)
Adverse administrative or disciplinary action;
(v)
Demotion;
(vi)
Loss of career specialty;
(vii)
Reduction of wages, benefits, or privileges;
(viii)
Refusal to award any grant, contract, or other program;
(ix)
Refusal to provide residency training opportunities;
(x)
Refusal to authorize the creation, expansion, improvement, acquisition, affiliation, or merger of a healthcare institution;
(xi)
Reassignment to a different shift or job title;
(xii)
Addition or increase of administrative duties;
(xiii)
Denial, deprivation, or disqualification of licensure;
(xiv)
Disqualification from or withholding of financial aid or other financial assistance; and
(xv)
Any other penalty or disciplinary retaliatory action, whether executed or threatened.
(B)
"Discrimination" does not include the negotiation or purchase of insurance by a nongovernment entity;
(3)
"Healthcare institution" means a public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity involved in providing healthcare services, including without limitation:
(A)
A hospital;
(B)
A clinic;
(C)
A medical center;
(D)
An ambulatory surgical center;
(E)
A private physician's office;
(F)
A pharmacy;
(G)
A nursing home;
(H)
A medical training facility;
(I)
An individual, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution; and
(J)
Any other institution or location where healthcare services are provided to an individual;
(4)
"Healthcare payer" means an employer, health plan, health maintenance organization, insurance company, management services organization, or any other entity that pays for or arranges for the payment of any healthcare service provided to a patient, whether the payment is made in whole or in part;
(5)
"Healthcare service" means medical care provided to a patient at any time over the entire course of treatment, including without limitation:
(A)
Initial examination;
(B)
Patient referral;
(C)
Counseling or psychological therapy;
(D)
Therapy;
(E)
Testing;
(F)
Research;
(G)
Diagnosis or prognosis;
(H)
Instruction;
(I)
Dispensing or administering, or both, of any drug, medication, or device;
(J)
Set up or performance of a surgery or other procedure;
(K)
Recordkeeping and recordmaking procedures and notes related to treatment; and
(L)
Other care or services provided by a medical practitioner or healthcare institution;
(6)
"Medical practitioner" means an individual who is:
(A)
A physician;
(B)
A physician assistant;
(C)
An advanced practice registered nurse or other nurse practitioner;
(D)
A pharmacist;
(E)
A medical researcher or laboratory technician to the extent that he or she is requested to actively and materially participate in medical research or testing that violates his or her conscience;
(F)
A counselor, social worker, psychologist, or other mental health professional to the extent that he or she is requested to actively and materially provide or participate in a type of counseling or referral for a healthcare service that violates his or her conscience;
(G)
A student of counseling, psychology, social work, or other mental health studies to the extent that he or she is asked to actively and materially participate in a type of counseling or referral for a healthcare service that violates his or her conscience; or
(H)
A nurse, pharmacy technician, surgical technician, allied health professional, student, faculty member, contractor, or employee who is requested to actively and materially participate in a surgery, procedure, or medication administration or dispensing that violates his or her conscience; and
(7)
"Participate" means to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing any healthcare service or any form of healthcare service.
Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.