Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1168 3
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By: Representative L. Johnson 5
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For An Act To Be Entitled 8
AN ACT TO PROVIDE CRIMINAL IMMUNITY FOR HEALTHCARE 9
PROFESSIONALS FOR NEGLIGENT ACTS OR OMISSIONS; AND 10
FOR OTHER PURPOSES. 11
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Subtitle 14
TO PROVIDE CRIMINAL IMMUNITY FOR 15
HEALTHCARE PROFESSIONALS FOR NEGLIGENT 16
ACTS OR OMISSIONS. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code Title 5, Chapter 2, is amended to add an 21
additional subchapter to read as follows: 22
Subchapter 7 — Immunity 23
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5-2-701. Healthcare professional criminal immunity — Definitions. 25
(a) As used in this section: 26
(1)(A) “Healthcare facility” means an institution, building, 27
agency, or a portion of an institution, building, or agency that is used, 28
operated, or designed to provide healthcare services, medical treatment, 29
nursing care, rehabilitative care, or preventative care to an individual, 30
regardless of whether the institution, building, or agency is a private 31
organization, a public organization, a nonprofit organization, or a for -32
profit organization. 33
(B) “Healthcare facility” includes without limitation: 34
(i) A hospital; 35
(ii) A psychiatric hospital; 36 HB1168
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(iii) A physical rehabilitation hospital; 1
(iv) A chemical dependency program; 2
(v) A nursing facility or nursing home; 3
(vi) A personal care home; 4
(vii) An intermediate care facility; 5
(viii) An assisted living facility; 6
(ix) A family care home; 7
(x) An outpatient clinic; 8
(xi) An ambulatory surgical facility; 9
(xii) An ambulance provider; 10
(xiii) A hospice; 11
(xiv) A community mental health center; 12
(xv) A home health agency; 13
(xvii) A kidney disease treatment center or 14
freestanding hemodialysis unit; and 15
(xvii) A facility providing similarly organized 16
healthcare services regardless of nomenclature; 17
(2) "Healthcare professional" means: 18
(A) An employee of a healthcare facility; or 19
(B) A person who is licensed, certified, or otherwise 20
authorized by the laws of this state to administer health care in the 21
ordinary course of the practice of his or her profession; and 22
(3) "Healthcare service" means clinically related services 23
provided within this state to a person, including without limitation 24
diagnostic, treatment, or rehabilitative services and alcohol, drug abuse, 25
and mental health services. 26
(b) A healthcare professional who is providing a healthcare service 27
and is otherwise lawfully acting is immune from criminal liability for any 28
harm or damages to the person receiving the healthcare service alleged to 29
arise from a negligent act or omission related to providing the healthcare 30
service. 31
(c) This section does not amend, repeal, or alter any other immunity, 32
defense, limitation of liability, or procedure available or required under 33
any other law or contract. 34
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