Arkansas 2025 Regular Session

Arkansas House Bill HB1664 Latest Draft

Bill / Draft Version Filed 03/04/2025

                            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 1664 3 
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By: Representative K. Brown 5 
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For An Act To Be Entitled 8 
AN ACT TO AMEND "QUINCY'S LAW" CONCERNING PHYSICAL 9 
EXAMS AND OTHER TESTING IN AN INVESTIGATION INVOLVING 10 
ALLEGED ABUSE UNDER THE CHILD MALTREATMENT ACT; AND 11 
FOR OTHER PURPOSES. 12 
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Subtitle 15 
TO AMEND "QUINCY'S LAW" CONCERNING 16 
PHYSICAL EXAMS AND OTHER TESTING IN AN 17 
INVESTIGATION INVOLVING ALLEGED ABUSE 18 
UNDER THE CHILD MALTREATMENT ACT. 19 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 
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 SECTION 1.  Arkansas Code § 12 -18-614 is amended to read as follows: 23 
 12-18-614. Submission to a physical exam or other testing. 24 
 (a)  An investigation under this chapter may include a physical 25 
examination, a drug test, radiology procedures, photographs, and a 26 
psychological or psychiatric examination of all children subject to the care, 27 
custody, or control of the alleged offender. 28 
 (b)(1)  If the report of child maltreatment or suspected child 29 
maltreatment alleges abuse as defined in § 12 -18-103, the alleged offender 30 
may: 31 
 (A)(i)  For the purpose of obtaining a second opinion, 32 
request that the alleged victim be examined by a licensed healthcare provider 33 
of the alleged offender's choosing who: 34 
 (a)  Did not perform the initial examination, 35 
test, or procedure described under subsection (a) of this section; and 36    	HB1664 
 
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 (b)  Routinely provides medical care to 1 
pediatric patients. 2 
 (ii)  An examination performed under subdivision 3 
(b)(1)(A)(i) of this section shall: 4 
 (a)  Shall be paid for by the alleged offender 5 
or as otherwise covered by insurance or Medicaid; and 6 
 (b)  May be requested by the alleged offender 7 
regardless of whether the alleged victim has been taken into or placed in the 8 
custody of the Department of Human Services; and 9 
 (B)(i)  For the purpose of ruling out a possible 10 
differential diagnosis, request that a licensed healthcare provider who 11 
routinely provides medical care to pediatric patients examine the alleged 12 
victim to determine whether or not the alleged victim has one (1) or more of 13 
the following medical conditions a congenital cutaneous variant, bone 14 
fragility, a coagulation disorder, or another medical condition or genetic 15 
condition that may appear to be caused by suspected abuse or increase the 16 
risk of misdiagnosis of abuse as defined in § 12 -18-103, including without 17 
limitation: 18 
 (a)  Rickets; 19 
 (b)  Ehlers-Danlos syndrome; 20 
 (c)  Osteogenesis imperfecta; 21 
 (d)  Vitamin D deficiency; or 22 
 (e)  Another medical condition that may: 23 
Vitamin K deficiency 24 
 (1)  Appear to be caused by suspected 25 
abuse as defined in § 12 -18-103; or 26 
 (2)  Increase the risk of a misdiagnosis 27 
of abuse as defined in § 12 -18-103. 28 
 (ii)  An examination performed under subdivision 29 
(b)(1)(B)(i) of this section shall be paid for by the alleged offender or as 30 
otherwise covered by insurance or Medicaid. 31 
 (iii)  If the alleged victim undergoes genetic 32 
testing under subdivision (b)(1)(B)(i) of this section, the genetic testing 33 
shall include a complete family medical history even if the alleged victim's 34 
family members have not been diagnosed with a genetic condition. 35 
 (2)  A licensed healthcare provider examination under subdivision 36    	HB1664 
 
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(b)(1) of this section shall not be requested for the purpose of obtaining a 1 
second opinion on whether or not an alleged victim has been a victim of 2 
sexual abuse. 3 
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