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Republican Sponsorship

HB1168

To Provide Criminal Immunity For Healthcare Professionals For Negligent Acts Or Omissions.

Introduced

AI-Generated Summary

This Arkansas bill, House Bill 1168, proposes to amend Title 5, Chapter 2 of the Arkansas Code by adding a new subchapter on immunity. The primary aim of this legislation is to provide criminal immunity to healthcare professionals for negligent acts or omissions. Specifically, it defines 'healthcare facility,' 'healthcare professional,' and 'healthcare service.' Under the proposed law, a healthcare professional acting lawfully while providing a healthcare service would be immune from criminal liability for harm or damages resulting from a negligent act or omission related to that service. This immunity would not affect any other existing immunities, defenses, limitations of liability, or procedures under other laws or contracts. The bill defines a broad range of entities as healthcare facilities and professionals as individuals authorized to administer healthcare.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries of this bill would be healthcare professionals, including doctors, nurses, technicians, and other individuals licensed or authorized to provide healthcare services in Arkansas. Healthcare facilities, such as hospitals, clinics, nursing homes, and various specialized care centers, would also benefit indirectly by potentially reducing legal risks for their employees. The bill could also be seen as beneficial to patients in that it might encourage healthcare professionals to practice without the fear of criminal prosecution for unintentional errors, potentially improving the availability of healthcare services.

Who Might Suffer?

The groups most likely to be negatively impacted by this bill are individuals who receive healthcare services and may suffer harm due to negligent acts or omissions. Specifically, patients who experience adverse outcomes from medical care would have their avenues for seeking criminal recourse significantly limited. While the bill addresses criminal immunity, it could create a perception of reduced accountability for healthcare professionals and facilities, potentially leaving patients with fewer protections against professional negligence, especially in cases where civil remedies are insufficient or difficult to pursue.

Read Full Bill on arkleg.state.ar.us