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 SENATE BILL 311 3
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By: Senator C. Penzo 5
By: Representative McAlindon 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE END ORGAN AND GENOMIC 9
HARVESTING ACT; TO PROHIBIT COVERAGE OF CERTAIN HUMAN 10
ORGAN TRANSPLANT OR POST -TRANSPLANT CARE; TO PROHIBIT 11
CERTAIN GENETIC SEQUENCERS AND GENETIC ANALYSIS 12
TECHNOLOGIES; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO CREATE THE END ORGAN AND GENOMIC 17
HARVESTING ACT; TO PROHIBIT COVERAGE OF 18
CERTAIN HUMAN ORGAN TRANSPLANT OR POST -19
TRANSPLANT CARE; AND TO PROHIBIT CERTAIN 20
GENETIC SEQUENCERS AND GENETIC ANALYSIS 21
TECHNOLOGIES. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. DO NOT CODIFY. Title. 26
This act shall be known and may be cited as the "End Organ and Genomic 27
Harvesting Act". 28
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SECTION 2. Arkansas Code Title 20, Chapter 9, Subchapter 1, is amended 30
to add an additional section to read as follows: 31
20-9-106. Prohibition on certain genetic sequencers and genetic 32
analysis technologies — Definitions. 33
(a) As used in this section: 34
(1) "Foreign adversary" means the People's Republic of China, 35
the Russian Federation, the Islamic Republic of Iran, the Democratic People's 36 SB311
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Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas 1
Maduro, or the Syrian Arab Republic, including any agent of or any other 2
entity under significant control of a foreign adversary or any other entity 3
deemed a foreign adversary by the Governor in consultation with the Attorney 4
General; 5
(2) "Genetic sequencer" means a device or platform used to 6
conduct genetic analysis, resequencing, isolation, or other genetic research; 7
(3) "Human genome" means deoxyribonucleic acid (DNA) or 8
ribonucleic acid (RNA) found in human cells; 9
(4) "Medical facility" means a facility for the delivery of 10
healthcare services that: 11
(A) Either: 12
(i) Receives state moneys, including interagency 13
pass-through appropriations from the United States Government; or 14
(ii) Is licensed, registered, or permitted in this 15
state to provide healthcare services; and 16
(B) Conducts research or testing on, with, or relating to 17
genetic analysis or the human genome; 18
(5) "Operational and research software" means computer programs 19
used for the operation, control, analysis, or other necessary functions of 20
genetic analysis or genetic sequencers; and 21
(6) "Research facility" means a facility that: 22
(A) Receives state moneys, including interagency pass -23
through appropriations from the United States Government; and 24
(B) Conducts research on, with, or relating to genetic 25
analysis or the human genome. 26
(b) A medical facility or research facility in this state shall not 27
utilize genetic sequencers or operational and research software used for 28
genetic analysis produced by a foreign adversary, a state -owned enterprise of 29
a foreign adversary, a company domiciled within a foreign adversary, or a 30
company-owned or company-controlled subsidiary of a company domiciled within 31
a foreign adversary for the purpose of conducting genetic analysis. 32
(c) All genetic sequencers and operational and research software used 33
for genetic sequencers prohibited under this section that are not permanently 34
disabled shall be removed and replaced with genetic sequencers and 35
operational and research software that is not prohibited under this section. 36 SB311
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(d) Subject to appropriation, a medical facility or research facility 1
in this state may request a reimbursement up to the cost of replacement of 2
the genetic sequencers and operational and research software prohibited under 3
this section from the state if the request includes purchase orders and is 4
submitted by October 1, 2025. 5
(e)(1) A medical facility, research facility, or other company or 6
entity shall store all genetic sequencing data in the geographic location of 7
the United States. 8
(2) Remote access to data storage, other than open data, from 9
outside the United States, is prohibited unless approved in writing by the 10
Department of Health. 11
(3) If a medical facility, research facility, or other company 12
or entity stores genetic sequencing data, including through contracts with a 13
third-party data storage company, the medical facility, research facility, or 14
other company or entity shall ensure the security of genetic sequencing data 15
using reasonable encryption methods, restrictions on access, and other 16
cybersecurity best practices. 17
(f) On or before December 31 of each year, a medical facility or 18
research facility shall certify in writing to the Attorney General and the 19
Department of Health that the medical facility or research facility is 20
complying with this section. 21
(g)(1) A person or entity determined to be in violation of this 22
section or found guilty of a violation of this section shall be subject to a 23
fine of ten thousand dollars ($10,000) per violation. 24
(2) Each unique instance of an individual’s genome having 25
undergone genetic sequencing or analysis using prohibited genetic sequencers 26
or prohibited operational and research software shall be considered a 27
separate violation. 28
(h)(1) Any person may notify the Attorney General of a violation or 29
potential violation of this section. 30
(2) If the person notifying the Attorney General is an employee 31
of the entity accused of a violation, the person shall be afforded all 32
protections of a whistleblower under the Arkansas Whistle -Blower Act, § 21-1-33
601 et seq. 34
(3) If the person notifying the Attorney General is a patient or 35
research subject of an entity found guilty of a violation of this section and 36 SB311
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the person’s genetic information was used in the violation, the person shall 1
be entitled to recover statutory damages of not less than ten thousand 2
dollars ($10,000) for each unique use of his or her genomic information in 3
violation of this section. 4
(4) The Attorney General shall investigate allegations of 5
violations of this section. 6
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SECTION 3. Arkansas Code Title 23, Chapter 79, Subchapter 1, is 8
amended to add an additional section to read as follows: 9
23-79-169. Insurance coverage of certain human organ transplant or 10
post-transplant care prohibited — Definitions. 11
(a) As used in this section: 12
(1) "Forced organ harvesting" means the removal of one (1) or 13
more organs from a living person, or from a person killed for the purpose of 14
removal of one (1) or more organs, by means of coercion, abduction, 15
deception, fraud, or abuse of power over a position of vulnerability; 16
(2)(A) "Health benefit plan" means: 17
(i) An individual, blanket, or group plan, policy, 18
or contract for healthcare services issued, renewed, or extended in this 19
state by a healthcare insurer, health maintenance organization, hospital 20
medical service corporation, or self -insured governmental or church plan in 21
this state; and 22
(ii) Any health benefit program receiving state or 23
federal appropriations from the State of Arkansas, including the Arkansas 24
Medicaid Program and the Arkansas Health and Opportunity for Me Program 25
established by the Arkansas Health and Opportunity for Me Act of 2021, § 23 -26
61-1001 et seq. 27
(B) "Health benefit plan" includes without limitation 28
indemnity and managed care plans. 29
(C) "Health benefit plan" does not include: 30
(i) A plan that provides only dental benefits or eye 31
and vision care benefits; 32
(ii) A disability income plan; 33
(iii) A credit insurance plan; 34
(iv) Insurance coverage issued as a supplement to 35
liability insurance; 36 SB311
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(v) Medical payments under an automobile or 1
homeowners insurance plan; 2
(vi) A health benefit plan provided under Arkansas 3
Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 4
seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 5
(vii) A plan that provides only indemnity for 6
hospital confinement; 7
(viii) An accident-only plan; 8
(ix) A specified disease plan; or 9
(x) Plans providing health benefits to state and 10
public school employees under § 21 -5-401 et seq.; and 11
(3)(A) "Healthcare insurer" means any insurance company, 12
hospital and medical service corporation, or health maintenance organization 13
that issues or delivers health benefit plans in this state and is subject to 14
any of the following laws: 15
(i) The insurance laws of this state; 16
(ii) Section 23-75-101 et seq., pertaining to 17
hospital and medical service corporations; or 18
(iii) Section 23-76-101 et seq., pertaining to 19
health maintenance organizations. 20
(B) "Healthcare insurer" does not include an entity that 21
provides only dental benefits or eye and vision care benefits. 22
(b) A health benefit plan that is offered, issued, or renewed in this 23
state shall not provide coverage for a human organ transplant or post -24
transplant care if: 25
(1) The transplant operation is performed in the People's 26
Republic of China or another country known to have participated in forced 27
organ harvesting, as designated by rule by the Insurance Commissioner; or 28
(2) The human organ to be transplanted is procured by sale or 29
donation originating in the People's Republic of China or another country 30
known to have participated in forced organ harvesting, as designated by rule 31
by the commissioner. 32
(c)(1) The commissioner may designate by rule any additional country 33
as having participated in forced organ harvesting if the government of that 34
country funds, sponsors, or otherwise facilitates forced organ harvesting. 35
(2) If under subdivision (c)(1) of this section the commissioner 36 SB311
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designates an additional country as having participated in forced organ 1
harvesting, the commissioner shall provide written notice to healthcare 2
insurers. 3
(d) The commissioner shall develop and promulgate rules for the 4
implementation and administration of this section. 5
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SECTION 4. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 7
this act or the application of this act to any person or circumstance is held 8
invalid, the invalidity shall not affect other provisions or applications of 9
this act which can be given effect without the invalid provision or 10
application, and to this end, the provisions of this act are declared 11
severable. 12
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