Title 20, Public Health and Welfare

(a) (1) An adult, married minor, or emancipated minor may designate an individual to act as surrogate by personally informing the supervising healthcare provider.(2) The designation may be oral or written. (1) An adult, married minor, or emancipated minor may designate an individ…

(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…

(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 wi…

(1) 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 physicia…

(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 ma…

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.

(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 unprofessiona…

(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 surro…

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.

(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 withdraw…

(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…

(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 i…

(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…

This subchapter shall be known and may be cited as the “Patient Right-to-Know Act”.

(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 p…

(1) 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) “E…

(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 sh…

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.

(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 affecte…

(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 C…

This subchapter shall be known and may be cited as the “Arkansas Physician Order for Life-Sustaining Treatment Act”.

(1) 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 woul…

(1) 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 pr…

(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 bi…

(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 health…

(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, …

(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 g…

(1) 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 for…

(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, sh…

(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 or…

(a) A death that results from compliance with a physician order for life-sustaining treatment form does not constitute a suicide, homicide, or abuse, for any reason. (b) (1) The execution of a physician order for life-sustaining treatment form does not affect the sale, procuremen…

A copy of an executed physician order for life-sustaining treatment form has the same effect as the original physician order for life-sustaining treatment form.

This subchapter shall be known and may be cited as the “No Patient Left Alone Act”.

(1) The General Assembly finds that:(1) The coronavirus 2019 (COVID-19) pandemic has caused great uncertainty and anxiety across the state and has significantly affected the medical community, including hospitals;(2) Healthcare facilities have made many efforts to maintain a safe…

(1) As used in this subchapter:(1) (A) “Compassionate care visitation” means a visit with a friend or family member that is necessary to meet the physical or mental needs of a resident when a resident is exhibiting signs of physical or mental distress, including without limitatio…

(a) Upon the request of a patient with a disability, a hospital, office of a healthcare professional, or hospice facility licensed in this state shall allow a patient with a disability to designate at least three (3) support persons and shall allow at least one (1) support person…

(a) (1) A child has the right to have a parent, legal guardian, or person standing in loco parentis physically present with the child while the child receives care in a hospital or an office of a healthcare professional.(2) An adult patient has the right to have a spouse, support…

A patient who is receiving hospice care or the guardian, spouse, or support person of a patient who is receiving hospice care may designate additional family members and friends who may be physically present with the patient at reasonable times.

(a) (1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress.(2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protoco…

(a) A clergy member or lay person offering religious or spiritual support may be physically present with a patient to pray with or offer spiritual support for the patient while the patient receives care in a healthcare facility. (b) If a healthcare facility has a visitation polic…

(a) (1) Within thirty (30) days of March 10, 2021, the Department of Health and the Department of Human Services shall develop informational materials regarding this subchapter.(2) The Department of Health and the Department of Human Services shall present informational materials…

(a) An individual may file a complaint against a healthcare professional or healthcare facility for failing to comply with this subchapter with the appropriate state agency or licensing board, including the Department of Health and the Department of Human Services. (b) The approp…

(1) A healthcare facility may establish visitation policies that limit or restrict visitation when:(1) The presence of visitors would be medically or therapeutically contraindicated;(2) The presence of visitors would interfere with the care of or rights of any patient;(3) Visitor…

(a) Unless expressly required by federal law or regulation, a state survey agency or other state agency shall not take any action against a healthcare facility for:(1) Giving a visitor or other individual access to a healthcare facility, clinic, or other similar location under th…

(a) This subchapter does not apply to:(1) The Arkansas State Hospital;(2) A minor who is:(A) In the custody of the Division of Children and Family Services; or(B) A suspected victim in a pending maltreatment investigation;(3) An individual who is in the custody of the Department …