First Amendment protections

Ark. Code Ann. § 17-80-508 — under General Provisions.

Ark. Code Ann. § 17-80-508

(a) (1) A state licensing, certifying, or recognizing board or entity, or the Department of Health, shall not reprimand, sanction, revoke, or threaten to revoke a license, certification, or registration of, or otherwise discriminate against, a medical practitioner for engaging in speech, expression, or association that is protected from government interference by the First Amendment of the United States Constitution, unless the board, entity, or the department, as applicable, demonstrates by clear and convincing evidence that the medical practitioner's speech, expression, or association was the direct cause of physical harm to a person with whom the medical practitioner had a practitioner-patient relationship within the three (3) years immediately preceding the incident of physical harm.(2) The licensing, certifying, or recognizing board or entity, or the department, as applicable, shall:(A) Provide a medical practitioner with any complaints it has received that may result in the revocation of the medical practitioner's license, certification, or registration, within twenty-one (21) days after receipt of the complaint; and(B) Pay the medical practitioner an administrative penalty of five hundred dollars ($500) for each day the complaint is not provided to the medical practitioner after the specified twenty-one (21) days.

(1) A state licensing, certifying, or recognizing board or entity, or the Department of Health, shall not reprimand, sanction, revoke, or threaten to revoke a license, certification, or registration of, or otherwise discriminate against, a medical practitioner for engaging in speech, expression, or association that is protected from government interference by the First Amendment of the United States Constitution, unless the board, entity, or the department, as applicable, demonstrates by clear and convincing evidence that the medical practitioner's speech, expression, or association was the direct cause of physical harm to a person with whom the medical practitioner had a practitioner-patient relationship within the three (3) years immediately preceding the incident of physical harm.

(2) The licensing, certifying, or recognizing board or entity, or the department, as applicable, shall:(A) Provide a medical practitioner with any complaints it has received that may result in the revocation of the medical practitioner's license, certification, or registration, within twenty-one (21) days after receipt of the complaint; and(B) Pay the medical practitioner an administrative penalty of five hundred dollars ($500) for each day the complaint is not provided to the medical practitioner after the specified twenty-one (21) days.

(A) Provide a medical practitioner with any complaints it has received that may result in the revocation of the medical practitioner's license, certification, or registration, within twenty-one (21) days after receipt of the complaint; and

(B) Pay the medical practitioner an administrative penalty of five hundred dollars ($500) for each day the complaint is not provided to the medical practitioner after the specified twenty-one (21) days.

(b) A political subdivision of this state shall not contract with, approve, or require an individual to obtain certifications or credentials issued or approved by a specialty board or other recognizing or certifying entity that revokes the certification of, or refuses to issue certification to, an individual because the individual has engaged in speech, expression, or association that is protected from government interference by the First Amendment of the United States Constitution if the individual was not providing medical advice or treatment to a specific patient that resulted in physical harm to the patient.