Stricken language would be deleted from and underlined language would be added to present law.
Act 772 of the Regular Session
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State of Arkansas As Engrossed: S4/7/25 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 same as the definition of 35
prohibited foreign party under § 18 -11-802; 36 As Engrossed: S4/7/25 SB311
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(2) "Genetic sequencer" means a device or platform used to 1
conduct genetic analysis, resequencing, isolation, or other genetic research; 2
(3) "Human genome" means deoxyribonucleic acid (DNA) or 3
ribonucleic acid (RNA) found in human cells; 4
(4) "Medical facility" means a facility for the delivery of 5
healthcare services that: 6
(A) Either: 7
(i) Receives state moneys, including interagency 8
pass-through appropriations from the United States Government; or 9
(ii) Is licensed, registered, or permitted in this 10
state to provide healthcare services; and 11
(B) Conducts research or testing on, with, or relating to 12
genetic analysis or the human genome; 13
(5) "Operational and research software" means computer programs 14
used for the operation, control, analysis, or other necessary functions of 15
genetic analysis or genetic sequencers; and 16
(6) "Research facility" means a facility that: 17
(A) Receives state moneys, including interagency pass -18
through appropriations from the United States Government; and 19
(B) Conducts research on, with, or relating to genetic 20
analysis or the human genome. 21
(b) Beginning on October 1, 2025, a medical facility or research 22
facility in this state shall not put into service within this state any new 23
or additional genetic sequencers or operational and research software used 24
for genetic analysis produced by a foreign adversary, a state -owned 25
enterprise of a foreign adversary, a company domiciled within a foreign 26
adversary, or a company -owned or company-controlled subsidiary of a company 27
domiciled within a foreign adversary for the purpose of conducting genetic 28
analysis. 29
(c) A medical facility or research facility in this state shall report 30
in writing to the Secretary of the Department of Health on all instances of 31
ongoing usage of genetic sequencers and operational and research software 32
used for genetic sequencers produced by a foreign adversary, a state -owned 33
enterprise of a foreign adversary, a company domiciled within a foreign 34
adversary, or a company -owned or company-controlled subsidiary of a company 35
domiciled within a foreign adversary on January 1 of each year until the 36 As Engrossed: S4/7/25 SB311
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equipment is no longer in use. 1
(d)(1) A medical facility, research facility, or other company or 2
entity shall store all genetic sequencing data outside of foreign adversary 3
countries. 4
(2) Remote access to data storage, other than open data, from 5
foreign adversary countries is prohibited. 6
(3) If a medical facility, research facility, or other company 7
or entity stores genetic sequencing data, including through contracts with a 8
third-party data storage company, the medical facility, research facility, or 9
other company or entity shall ensure the security of genetic sequencing data 10
using reasonable encryption methods, restrictions on access, and other 11
cybersecurity best practices. 12
(e) On or before December 31 of each year, a medical facility or 13
research facility shall certify in writing to the Attorney General and the 14
Department of Health that the medical facility or research facility is 15
complying with this section. 16
(f)(1) A person or entity determined to be in violation of this 17
section or found guilty of a violation of this section shall be subject to a 18
fine of ten thousand dollars ($10,000) per violation. 19
(2) Each unique instance of an individual’s genome having 20
undergone genetic sequencing or analysis using prohibited genetic sequencers 21
or prohibited operational and research software shall be considered a 22
separate violation. 23
(g)(1) Any person may notify the Attorney General of a violation or 24
potential violation of this section. 25
(2) If the person notifying the Attorney General is an employee 26
of the entity accused of a violation, the person shall be afforded all 27
protections of a whistleblower under the Arkansas Whistle -Blower Act, § 21-1-28
601 et seq. 29
(3) If the person notifying the Attorney General is a patient or 30
research subject of an entity found guilty of a violation of this section and 31
the person's genetic information was used in violation of this section, the 32
entity shall also be found to have violated the Deceptive Trade Practices 33
Act, § 4-88-101 et seq. 34
(4) The Attorney General may investigate allegations of 35
violations of this section. 36 As Engrossed: S4/7/25 SB311
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SECTION 3. Arkansas Code Title 23, Chapter 79, Subchapter 1, is 2
amended to add an additional section to read as follows: 3
23-79-169. Insurance coverage of certain human organ transplant or 4
post-transplant care prohibited — Definitions. 5
(a) As used in this section: 6
(1) "Forced organ harvesting" means the removal of one (1) or 7
more organs from a living person, or from a person killed for the purpose of 8
removal of one (1) or more organs, by means of coercion, abduction, 9
deception, fraud, or abuse of power over a position of vulnerability; 10
(2)(A) "Health benefit plan" means: 11
(i) An individual, blanket, or group plan, policy, 12
or contract for healthcare services issued, renewed, or extended in this 13
state by a healthcare insurer, health maintenance organization, hospital 14
medical service corporation, or self -insured governmental or church plan in 15
this state; and 16
(ii) Any health benefit program receiving state or 17
federal appropriations from the State of Arkansas, including the Arkansas 18
Medicaid Program and the Arkansas Health and Opportunity for Me Program 19
established by the Arkansas Health and Opportunity for Me Act of 2021, § 23 -20
61-1001 et seq. 21
(B) "Health benefit plan" includes without limitation 22
indemnity and managed care plans. 23
(C) "Health benefit plan" does not include: 24
(i) A plan that provides only dental benefits or eye 25
and vision care benefits; 26
(ii) A disability income plan; 27
(iii) A credit insurance plan; 28
(iv) Insurance coverage issued as a supplement to 29
liability insurance; 30
(v) Medical payments under an automobile or 31
homeowners insurance plan; 32
(vi) A health benefit plan provided under Arkansas 33
Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 34
seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 35
(vii) A plan that provides only indemnity for 36 As Engrossed: S4/7/25 SB311
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hospital confinement; 1
(viii) An accident-only plan; 2
(ix) A specified disease plan; or 3
(x) Plans providing health benefits to state and 4
public school employees under § 21 -5-401 et seq.; and 5
(3)(A) "Healthcare insurer" means any insurance company, 6
hospital and medical service corporation, or health maintenance organization 7
that issues or delivers health benefit plans in this state and is subject to 8
any of the following laws: 9
(i) The insurance laws of this state; 10
(ii) Section 23-75-101 et seq., pertaining to 11
hospital and medical service corporations; or 12
(iii) Section 23-76-101 et seq., pertaining to 13
health maintenance organizations. 14
(B) "Healthcare insurer" does not include an entity that 15
provides only dental benefits or eye and vision care benefits. 16
(b) Regardless of a claim filed by a medical facility or provider, a 17
health benefit plan that is offered, issued, or renewed in this state shall 18
not provide coverage for a human organ transplant or post -transplant care if: 19
(1) The transplant operation is performed in the People's 20
Republic of China or another country known to have participated in forced 21
organ harvesting, as designated by rule by the Insurance Commissioner; or 22
(2) The human organ to be transplanted is procured by sale or 23
donation originating in the People's Republic of China or another country 24
known to have participated in forced organ harvesting, as designated by rule 25
by the commissioner. 26
(c)(1) The commissioner may designate by rule any additional country 27
as having participated in forced organ harvesting if the government of that 28
country funds, sponsors, or otherwise facilitates forced organ harvesting. 29
(2) If under subdivision (c)(1) of this section the commissioner 30
designates an additional country as having participated in forced organ 31
harvesting, the commissioner shall provide written notice to healthcare 32
insurers. 33
(d) A healthcare insurer may seek reimbursement or setoff from a 34
medical facility or provider if a claim is submitted and paid in violation of 35
this section. 36 As Engrossed: S4/7/25 SB311
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(e) Notwithstanding any other provision of this section, care that is 1
provided to save the life of an individual after the individual receives a 2
prohibited organ transplant shall be covered. 3
(f) 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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/s/C. Penzo 14
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APPROVED: 4/17/25 17
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