reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-111 - Funds exempt from tax

(a)
Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Achieving a Better Life Experience Program are exempt from Arkansas income taxes.
(b)
(1)
A qualified distribution from a disability savings account established under the Achieving a Better Life Experience Program is exempt from Arkansas income tax with respect to the designated beneficiary's income.
(2)
(A)
The earnings portion of nonqualified distributions from a disability savings account established under the Achieving a Better Life Experience Program are subject to Arkansas income tax.
(B)
The earnings portion of a nonqualified distribution is taxable to the designated beneficiary.
(c)
Earnings on a contribution that are included in a refund are subject to Arkansas income tax.
(d)
(1)
Contributions to a disability savings account established under this chapter may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under §
26-51-403(b)
.
(2)
(A)
Deductible contributions under this subsection shall not exceed five thousand dollars ($5,000) per taxpayer in a tax year.
(B)
If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation stated in subdivision (d)(2)(A) of this section, the amount of contributions in excess of the limitation stated in subdivision (d)(2)(A) of this section may be carried forward for purposes of deduction for four (4) consecutive tax years following the tax year in which the contribution was made.
(3)
A contribution that has been deducted from a taxpayer's income for a prior tax year under this subsection is subject to recapture if the taxpayer:
(A)
Takes a subsequent nonqualified distribution from the account; or
(B)
Rolls the account over to a tax-deferred savings program established by another state or institution under
26 U.S.C. § 529A
.
(4)
A contribution that is subject to recapture under this subsection shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified distribution, to the taxpayer's adjusted gross income for the tax year in which the nonqualified distribution occurred.
Amended by Act 2021, No. 882,§ 1, eff. for tax years beginning on or after January 1, 2021.
Amended by Act 2019, No. 825,§ 1, eff. for tax years beginning on or after 1/1/2019.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-112 - Limitation on liability

Neither the Achieving a Better Life Experience Program, the Achieving a Better Life Experience Program Committee and each of its members, nor the state shall:
(1)
Insure any ABLE account or guarantee any rate of return or any interest rate on any contribution;
(2)
Be liable for any loss incurred by any person as a result of participating in the program under this chapter; or
(3)
Be deemed to be a guarantor of a positive return on a contribution under this chapter.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-113 - Liberal construction

This chapter shall be liberally construed to comply with the requirements of the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-101 - Title

This subchapter shall be known and may be cited as the "Arkansas Healthcare Decisions Act".
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-104 - Revocation of designation of agent - Revocation of advance directive - Spouse as agent - Conflicts

(a)
A principal having capacity may revoke all or part of an advance directive, including without limitation a living will, durable power of attorney for health care, or other document, at any time and in any manner that communicates an intent to revoke.
(b)
A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in an advance directive.
(c)
An advance directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.
(d)
A healthcare provider, agent, guardian, or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising healthcare provider and any healthcare institution at which the patient is receiving care.
Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-106 - Authority of surrogate

(a)
(1)
A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.
(2)
(A)
Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.
(B)
In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.
(b)
A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if:
(1)
The action is authorized by a living will or other written advance directive; or
(2)
The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that:
(A)
The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and
(B)
The principal is highly unlikely to regain capacity to make medical decisions.
(c)
A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval.
(d)
(1)
A surrogate may apply for public benefits, such as Medicare and Medicaid, for the principal, subject to any federal restrictions or requirements, and have access to information regarding the principal's income, assets, and banking and financial records to the extent required to make an application.
(2)
The authority under subdivision (d)(1) of this section includes without limitation the ability to assist with, submit, and execute applications for benefits, redetermination of eligibility, and other ongoing related communications.
(3)
The authority under subdivision (d)(1) of this section shall terminate when revoked by a principal who no longer lacks decisional capacity, upon appointment or availability of a power of attorney or guardian with such authority, or upon the death of the principal.
(4)
The authority under subdivision (d)(1) of this section shall be granted to a surrogate from a principal in writing or recorded orally.
(e)
A surrogate shall meet all federal requirements to act as an authorized representative, including confidentiality provisions.
Amended by Act 2023, No. 49,§ 1, eff. 8/1/2023.
Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-107 - Requirement of guardian to comply with principal's individual instruction

(a)
Absent a court order to the contrary, a guardian shall comply with the principal's individual instructions and shall not revoke the principal's advance directive.
(b)
Except as provided in §
28-65-102
, a healthcare decision made by a guardian for the principal is effective without judicial approval.
Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-108 - Determination of capacity

If a licensed physician makes a determination or is informed of a determination that a principal lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent, guardian, or surrogate, the licensed physician shall:
(1)
Record promptly the determination in the principal's current clinical record; and
(2)
Communicate the determination to the principal, if possible, and to any person authorized to make healthcare decisions for the principal.
Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-109 - Compliance by healthcare provider or institution

(a)
Except as provided in subsections (b)-(d) of this section, a healthcare provider or institution providing care to a principal shall comply with:
(1)
An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to make healthcare decisions for the principal; and
(2)
A healthcare decision for the principal made by a person authorized to make healthcare decisions for the principal to the same extent as if the decision had been made by the principal while having capacity.
(b)
A healthcare provider may decline to comply with an individual instruction or healthcare decision for reasons of conscience.
(c)
A healthcare institution may decline to comply with an individual instruction or healthcare decision if the instruction or decision:
(1)
Is contrary to a policy of the institution that is based on reasons of conscience; and
(2)
The policy was timely communicated to the principal or to a person authorized to make healthcare decisions for the principal.
(d)
A healthcare provider or institution may decline to comply with an individual instruction or healthcare decision that requires medically inappropriate health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or institution.
(e)
A healthcare provider or institution that declines to comply with an individual instruction or healthcare decision under subsection (b), subsection (c), or subsection (d) of this section shall:
(1)
Inform promptly the principal, if possible, or a person authorized to make healthcare decisions for the principal;
(2)
Provide continuing care to the principal until a transfer can be effected or until a determination has been made that a transfer cannot be effected; and
(3)
(A)
Unless the principal or person authorized to make healthcare decisions for the principal refuses assistance, immediately make all reasonable efforts to assist in the transfer of the principal to another healthcare provider or healthcare institution that is willing to comply with the instruction or decision.
(B)
If a transfer cannot be effected, the healthcare provider or institution shall not be compelled to comply.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-110 - Disclosure of medical or other healthcare information

Unless otherwise specified in an advance directive, a person authorized to make healthcare decisions for a principal has the same rights as the principal to request, receive, examine, copy, and consent to the disclosure of medical or any other healthcare information.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-111 - Liability

(a)
A healthcare provider or healthcare institution acting in good faith and in accordance with generally accepted healthcare standards applicable to the healthcare provider or healthcare institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1)
Complying with a healthcare decision of a person apparently having authority to make a healthcare decision for a principal, including a decision to withhold or withdraw health care;
(2)
Declining to comply with a healthcare decision of a person based on a reasonable belief that the person then lacked authority; or
(3)
Complying with an advance directive that, to the knowledge of the healthcare provider or healthcare institution, was valid when made and has not been revoked or terminated.
(b)
An individual acting as agent or surrogate under this subchapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for healthcare decisions made in good faith.
(c)
A person who designates a surrogate under this subchapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for a designation made in good faith.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-112 - Presumption of capacity

(a)
This subchapter does not affect the right of an individual to make healthcare decisions while having capacity to do so.
(b)
An individual is presumed to have capacity to make a healthcare decision, to give or revoke an advance directive, and to designate or disqualify a surrogate.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-113 - Copies have same effect as originals

A copy of a written advance directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-114 - Presumptions not created - Death that results from withholding or withdrawal of health care does not constitute suicide, euthanasia, homicide, mercy killing, or assisted suicide

(a)
This subchapter does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive.
(b)
Notwithstanding any term of an insurance policy or annuity to the contrary, a death resulting from the withholding or withdrawal of health care in accordance with this subchapter does not constitute a suicide or homicide or legally impair or invalidate an insurance policy or an annuity providing a death benefit.
(c)
The withholding or withdrawal of medical care from a principal in accordance with this subchapter does not constitute a suicide, euthanasia, homicide, mercy killing, or assisted suicide.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-115 - Court jurisdiction

(a)
A court of competent jurisdiction may enjoin or direct a healthcare decision or order other equitable relief on a petition of:
(1)
A principal;
(2)
A principal's agent, guardian, or surrogate;
(3)
A healthcare provider or healthcare institution involved with the principal's care; or
(4)
An individual described in §
20-6-106(b)
.
(b)
A proceeding under this section shall be expedited on the court's civil dockets.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-116 - Effect and interpretation of living wills

(a)
If a living will entered into before October 1, 2013, was valid at the time of execution, it remains valid.
(b)
A living will entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid.
(c)
A living will entered into on or after October 1, 2013, that does not evidence an intent that it is entered into under this subchapter may be given effect as an individual instruction if it complies with this subchapter.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-117 - Effect and interpretation of durable powers of attorney

(a)
If a durable power of attorney for health care entered into before October 1, 2013, was valid at the time of execution, it remains valid.
(b)
A durable power of attorney for health care entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid.
(c)
A durable power of attorney for health care entered into on or after October 1, 2013, that does not evidence an intent that it is entered into under this subchapter may be given effect as an advance directive under this subchapter if it complies with this subchapter.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 1 - ARKANSAS HEALTHCARE DECISIONS ACT (§§ 20-6-101 — 20-6-118) › Section 20-6-118 - [Repealed]

Repealed by Act 2017, No. 974,§ 2, eff. 8/1/2017.
Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 2 - PATIENT RIGHT-TO-KNOW ACT (§§ 20-6-201 — 20-6-207) › Section 20-6-201 - Title

This subchapter shall be known and may be cited as the "Patient Right-to-Know Act".
Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 2 - PATIENT RIGHT-TO-KNOW ACT (§§ 20-6-201 — 20-6-207) › Section 20-6-202 - Legislative findings and purpose

(a)
The General Assembly finds that:
(1)
Patients are entitled to continuity of care with their healthcare providers;
(2)
Healthcare providers are prohibited legally and ethically from abandoning a patient before treatment has been concluded;
(3)
When a healthcare provider changes practice locations, steps are necessary to ensure that the patient's continuity of care and the legal and ethical obligations of the healthcare provider are fulfilled; and
(4)
Patients should be informed about any change in the practice location of their treating healthcare provider and should not be prevented from receiving this type of information.
(b)
The purpose of this subchapter is to remove and prevent impediments to patients' maintaining continuity of care and keeping their treatment relationship with their chosen healthcare provider.
Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 2 - PATIENT RIGHT-TO-KNOW ACT (§§ 20-6-201 — 20-6-207) › Section 20-6-203 - Definitions

As used in this subchapter:
(1)
(A)
"Entity" means any person, organization, or business entity of any type that engages a healthcare provider as an employee, independent contractor, member, or in any other capacity for the practice of medicine as defined in §
17-95-202
.
(B)
"Entity" does not include insurance companies, health maintenance organizations, or hospital and medical service corporations;
(2)
(A)
"Existing patient" means a person who is seen for a medical diagnosis or treatment, or both, by a healthcare provider within the previous twelve (12) months as evidenced by an entry in the medical record of the patient.
(B)
The twelve-month period described in subdivision (2)(A) of this section shall be calculated by counting back twelve (12) months from the later of the following dates:
(i)
The date that the healthcare provider's relationship with the entity terminates; or
(ii)
The date that the healthcare provider gave the entity notice of a new practice location; and
(3)
"Healthcare provider" means a person who:
(A)
Is licensed by:
(i)
The Arkansas State Medical Board;
(ii)
The Arkansas State Board of Dental Examiners;
(iii)
The Arkansas State Board of Nursing;
(iv)
The Arkansas State Board of Chiropractic Examiners;
(v)
The Arkansas Board of Podiatric Medicine; or
(vi)
The State Board of Optometry; and
(B)
Has ultimate responsibility and legal liability for the care of the patient.
Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 2 - PATIENT RIGHT-TO-KNOW ACT (§§ 20-6-201 — 20-6-207) › Section 20-6-204 - Prohibited conduct

(a)
If a healthcare provider who is relocating his or her practice provides written notice of the healthcare provider's new practice location or contact information via certified mail to the chief executive or administrative officer, the entity or person on behalf of an entity shall not:
(1)
Mislead any patient about the new practice location of a healthcare provider, new contact information of a healthcare provider, or the healthcare provider's licensure status; or
(2)
Fail to provide a patient with the new practice location of a healthcare provider or new contact information of a healthcare provider when requested.
(b)
(1)
When requested by a healthcare provider who is relocating his or her practice in a written notice via certified mail to the chief executive or administrative officer, then an entity with a relationship with the healthcare provider shall within twenty-one (21) calendar days either:
(A)
Provide the healthcare provider with a list of the healthcare provider's existing patient names and addresses; or
(B)
Send a notice with the new practice location information to all of the healthcare provider's existing patients after providing the healthcare provider a copy of the proposed notice for review and comment.
(2)
Within two (2) business days of the request described in subdivision (b)(1) of this section, the entity shall provide the healthcare provider with a list or schedule of upcoming patient appointments with the healthcare provider and the contact information of the patients.
Amended by Act 2023, No. 830,§ 2, eff. 8/1/2023.
Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 2 - PATIENT RIGHT-TO-KNOW ACT (§§ 20-6-201 — 20-6-207) › Section 20-6-205 - Affirmative defense in medical injury cases

If patient abandonment or other medical injury occurs due to a violation by an entity of this subchapter, the violation shall be an affirmative defense for the physician in a claim brought by the injured patient who shall be entitled to bring a claim against the entity.
Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 2 - PATIENT RIGHT-TO-KNOW ACT (§§ 20-6-201 — 20-6-207) › Section 20-6-206 - Injunctive relief

(a)
An affected patient or healthcare provider may file an action seeking an injunction of a violation of this subchapter in the circuit court of:
(1)
Pulaski County;
(2)
The county in which the healthcare provider has his or her practice located;
(3)
The county in which the affected patient resides; or
(4)
The county in which the entity is located.
(b)
Upon the filing of a complaint, the court may issue a temporary injunction on the violation without notice or bond.
(c)
If the plaintiff patient or plaintiff healthcare provider establishes that this subchapter has been violated, the court may enter an order permanently enjoining the violation of this subchapter or otherwise enforcing compliance with this subchapter.
(d)
A prevailing plaintiff healthcare provider shall be entitled to:
(1)
The greater of:
(A)
Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000); or
(B)
Actual damages; and
(2)
Reasonable attorney's fees and costs.
(e)
A prevailing plaintiff patient or plaintiff patients collectively, as named plaintiffs or as a putative or named class, shall be entitled to:
(1)
The greater of:
(A)
Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000) for all patients in any actions related to the same violation; or
(B)
Actual damages; and
(2)
Reasonable attorney's fees and costs.
(f)
A violation of this subchapter shall constitute an unfair and deceptive act or practice as defined under the Deceptive Trade Practices Act, §
4-88-101
et seq.
Amended by Act 2023, No. 830,§ 3, eff. 8/1/2023, app. to any pending cases accruing and filed before the effective date of this act..
Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 2 - PATIENT RIGHT-TO-KNOW ACT (§§ 20-6-201 — 20-6-207) › Section 20-6-207 - Applicability - Construction

(a)
This subchapter:
(1)
Applies to any express or implied contract, agreement, or understanding entered into, renewed, modified, or extended on or after March 30, 2017; and
(2)
Does not amend or repeal any portion of the Medical Corporation Act, §
4-29-301
et seq., or the Dental Corporation Act, §
4-29-401
et seq.
(b)
Any purported waiver of the benefits or requirements of this subchapter is void and against the public policy of this state.
Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-301 - Title

This subchapter shall be known and may be cited as the "Arkansas Physician Order for Life-Sustaining Treatment Act".
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-302 - Legislative findings

The General Assembly finds that:
(1)
It is important for individuals to make healthcare decisions before a medical crisis or emergency occurs;
(2)
Healthcare planning is a process, rather than a single decision, that helps individuals think about the type of care that they would want if they become seriously ill or incapacitated, and encourages individuals to talk with their loved ones and physicians regarding their healthcare decisions;
(3)
An advance directive gives individuals the ability to put their wishes in writing and to identify another individual who would speak for them if they become unable to speak or make decisions for themselves;
(4)
The physician order for life-sustaining treatment form complements an advance directive, if existing, by taking an individual's intentions regarding life-sustaining treatment, such as the intentions set forth in an advance directive, and converting the individual's intentions into a medical order;
(5)
The hallmarks of a physician order for life-sustaining treatment form are that a physician order for life-sustaining treatment form:
(A)
Is:
(i)
Signed;
(ii)
Immediately actionable as medical orders on a standardized form;
(iii)
A conspicuous, clearly identifiable form; and
(iv)
Recognized, adopted, and honored across treatment settings; and
(B)
Addresses a range of life-sustaining treatment interventions as well as the patient's preferred intensity of treatment for each intervention; and
(6)
The physician order for life-sustaining treatment form is used only for patients with a serious illness or medical frailty when a physician would not be surprised if the patient died within one (1) year.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-303 - Definitions

As used in this subchapter:
(1)
(A)
"Healthcare facility" means an institution, building, agency, or a portion of an institution, building, or agency that is used, operated, or designed to provide healthcare services, medical treatment, nursing care, rehabilitative care, or preventative care to an individual, regardless of whether the institution, building, or agency is a private organization, a public organization, a nonprofit organization, or a for-profit organization.
(B)
"Healthcare facility" includes without limitation:
(i)
An ambulatory surgical facility;
(ii)
A home health agency;
(iii)
A hospice;
(iv)
A hospital;
(v)
An infirmary;
(vi)
A long-term care facility;
(vii)
An assisted living facility;
(viii)
A mental health center;
(ix)
An outpatient facility;
(x)
A rehabilitation facility; and
(xi)
A residential treatment facility;
(2)
"Healthcare provider" means an individual who is licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or in the practice of a profession, including without limitation:
(A)
An emergency medical care provider; and
(B)
An individual providing home and community-based services;
(3)
"Legal representative" means the same as a person authorized to consent on the principal's behalf under §
20-6-102
;
(4)
"Patient" means an individual who has a critical medical condition or a terminal illness and for whom a physician has determined that a physician order for life-sustaining treatment is consistent with the individual's goals of care;
(5)
"Physician" means an individual who is licensed to practice medicine or osteopathic medicine in this state; and
(6)
"Physician order for life-sustaining treatment" means a document containing orders by a physician regarding life-sustaining treatment and medical interventions in accordance with the wishes of a patient, or if the wishes of the patient are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the best interest of the patient.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-304 - Physician order for life-sustaining treatment form

(a)
The State Board of Health shall prescribe a standardized physician order for life-sustaining treatment form that:
(1)
Is signed and dated by:
(A)
The patient or the legal representative of the patient; and
(B)
The physician of the patient;
(2)
Includes:
(A)
The name and date of birth of the patient; and
(B)
The intentions of the patient regarding care, including without limitation the administration of cardiopulmonary resuscitation and the level of medical interventions in the event of a medical emergency; and
(3)
Is easily distinguishable to facilitate recognition by healthcare providers and healthcare facilities.
(b)
A legal representative may sign a physician order for life-sustaining treatment form on behalf of a patient who lacks capacity to do so, guided by:
(1)
The express or implied intentions of the patient; or
(2)
If the intentions of the patient are unknown and cannot be reasonably determined, the best interest of the patient given the overall medical condition and prognosis of the patient.
(c)
(1)
The physician order for life-sustaining treatment form shall be completed by a physician based upon patient intentions and medical indications.
(2)
During the process of completing the physician order for life-sustaining treatment form, the physician may:
(A)
Explain:
(i)
The physician order for life-sustaining treatment form; and
(ii)
The medical interventions and procedures offered by the life-sustaining treatment form; and
(B)
Inform the patient or the legal representative of the patient about the difference between an advance directive and the physician order for life-sustaining treatment form.
(d)
This subchapter does not authorize a physician to unilaterally create a physician order for life-sustaining treatment on behalf of an individual.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-305 - Compliance

(a)
Except as provided in subsection (c) of this section, a healthcare provider and a healthcare facility shall treat a patient in accordance with the physician order for life-sustaining treatment form.
(b)
A physician order for life-sustaining treatment form is valid in a healthcare facility, regardless of whether the physician who signed the life-sustaining treatment form has clinical privileges at the healthcare facility.
(c)
(1)
A healthcare provider or healthcare facility is not required to comply with a physician order for life-sustaining treatment form if the physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to a healthcare provider or healthcare facility.
(2)
A healthcare provider or healthcare facility may decline to comply with an executed physician order for life-sustaining treatment form based upon religious beliefs or moral convictions if the healthcare provider or healthcare facility:
(A)
Promptly informs the patient or legal representative of the patient regarding the inability to carry out the physician order for life-sustaining treatment form;
(B)
Provides continuing care to the patient until a transfer can be made or a determination has been made that the transfer cannot be made; and
(C)
(i)
Makes all reasonable efforts to assist in the prompt transfer of the patient to another healthcare provider or healthcare facility that is willing to comply with the executed physician order for life-sustaining treatment form.
(ii)
If a transfer cannot be made, the healthcare provider or healthcare facility shall not be compelled to comply with the physician order for life-sustaining treatment form.
(3)
This section does not authorize a healthcare provider or healthcare facility to withhold life-sustaining treatment against the wishes of a patient or a legal representative.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-306 - Review and revision

(a)
(1)
An executed physician order for life-sustaining treatment form may be reviewed periodically by the physician of the patient.
(2)
The physician may:
(A)
Conduct an evaluation of the patient; and
(B)
In consultation with the patient or the legal representative of the patient, issue a new physician order for life-sustaining treatment form consistent with the most current information available about the health status and goals of care of the patient.
(b)
(1)
The new physician order for life-sustaining treatment form shall be:
(A)
Recorded on a new physician order for life-sustaining treatment form; and
(B)
Signed in compliance with §
20-6-304
.
(2)
Once a new physician order for life-sustaining treatment form has been executed, the previous physician order for life-sustaining treatment form shall be nullified.
(c)
A patient with the capacity to make his or her own healthcare decisions may, at any time, request alternative treatment to the treatment that was ordered on the physician order for life-sustaining treatment form.
(d)
The legal representative of the patient who does not have the capacity to make his or her own healthcare decisions shall consult with the physician who is the treating physician of the patient before making a request to modify the orders reflected in the physician order for life-sustaining treatment form of the patient.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-307 - Relationship with advance directives

(a)
(1)
A physician order for life-sustaining treatment form is not intended to replace an advance directive.
(2)
In executing a physician order for life-sustaining treatment form, a patient, the legal representative of the patient when applicable, and the physician shall make a good-faith effort to locate and incorporate treatment preferences documented in a previously executed advance directive, when appropriate and desired by the patient.
(b)
In the event of a conflict with a physician order for life-sustaining treatment form and an advance directive, either:
(1)
The document executed most recently by the patient shall take precedence regarding the medical decision or treatment preference at issue; or
(2)
If both the advance directive and the physician order for life-sustaining treatment form were executed by the legal representative of the patient, the advance directive shall take precedence regarding the medical decision or treatment preference at issue.
(c)
This section does not prohibit or require the execution, revocation, or modification of an advance directive.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-308 - Liability

A healthcare provider, healthcare facility, or employee or agent of the healthcare provider or healthcare facility is not subject to civil or criminal liability or discipline for unprofessional conduct for:
(1)
Complying with a physician order for life-sustaining treatment form based upon a good-faith assumption that the physician order for life-sustaining treatment form was valid when executed and that the physician order for life-sustaining treatment form was not revoked or terminated;
(2)
Failing to comply with a physician order for life-sustaining treatment form based upon a good-faith determination that:
(A)
The physician order for life-sustaining treatment form was not valid; or
(B)
The physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or healthcare facility; or
(3)
Declining to comply with an executed physician order for life-sustaining treatment form based upon religious beliefs or moral convictions if the healthcare provider or healthcare facility complies with the requirements of §
20-6-305
.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-309 - Voluntary signing

(a)
The signing of a physician order for life-sustaining treatment form by a patient or legal representative of the patient is voluntary.
(b)
(1)
A person or entity, including without limitation a healthcare provider, healthcare facility, employer, or health insurance carrier, shall not require an individual to execute a physician order for life-sustaining treatment form as a condition of being insured for, or receiving, healthcare services.
(2)
If a healthcare provider or healthcare facility complies with subdivision (b)(1) of this section, the healthcare provider or healthcare facility may have a policy to offer a physician order for life-sustaining treatment form to appropriate individuals as part of a conversation about:
(A)
Goals of care;
(B)
Personal values and preferences;
(C)
Benefits of various treatment options; and
(D)
Avoidance of unwanted burden.
(c)
This subchapter does not:
(1)
Create a presumption concerning the intention of an individual who has not executed a physician order for life-sustaining treatment form with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition; or
(2)
Affect the right of an individual to make decisions regarding the use of life-sustaining procedures as long as the individual has the capacity to make a decision.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 6 - GENERAL PROVISIONS (§§ 20-6-101 — 20-6-413) › Subchapter 3 - ARKANSAS PHYSICIAN ORDER FOR LIFE-SUSTAINING TREATMENT ACT (§§ 20-6-301 — 20-6-312) › Section 20-6-310 - Criminal penalty

(a)
It is unlawful for a person to knowingly:
(1)
Conceal, cancel, deface, obliterate, or damage a physician order for life-sustaining treatment form without the consent of the patient or the legal representative of the patient;
(2)
(A)
Cause an individual to execute a physician order for life-sustaining treatment form by undue influence, fraud, or duress.
(B)
As used in this section, "undue influence" includes without limitation:
(i)
Charging a different rate or fee for insurance coverage or healthcare services based upon whether the individual consents to a physician order for life-sustaining treatment form or has executed a physician order for life-sustaining treatment form;
(ii)
Requiring a healthcare provider to have an internal policy to offer a physician order for life-sustaining treatment form to any individual;
(iii)
Providing any financial incentive, payment, discount, or rating incentive for having an internal policy or procedure relating to the completion of a physician order for life-sustaining treatment form as applied to a healthcare provider or healthcare facility; or
(iv)
Imposing a rating or reimbursement penalty if a healthcare provider or healthcare facility fails to achieve a target for physician order for life-sustaining treatment form completions; or
(3)
Falsify or forge a physician order for life-sustaining treatment form of another person that results in a direct change of health care provided to the patient.
(b)
A person who violates this section is guilty of a Class D felony.
(c)
This section does not prevent payment to a healthcare provider or healthcare facility for consultation with or counseling of a patient concerning a physician order for life-sustaining treatment form or for offering advance directive healthcare planning.
Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.