US Lawyer Database

§ 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 […]

§ 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 […]

§ 20-6-311. Applicability — Death — Life insurance

(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, procurement, or issuance of a life insurance policy or annuity policy. (2) […]

§ 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 […]

§ 20-6-204. Prohibited conduct

(a) If the healthcare provider has made new practice location information or new contact information available to the entity, an entity or person on behalf of an entity shall not: (1) Mislead any patient about the new practice location of a healthcare provider or new contact information of a healthcare provider; or (2) Fail to […]

§ 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.

§ 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 […]

§ 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 […]

§ 20-6-301. Title

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

§ 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 […]