Browse Arkansas Code titles and sections
20-17-209. Penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-209. Penalties.
(a) A physician or other healthcare provider who willfully fails to transfer in accordance with § 20-17-207 is guilty of a Class A misdemeanor.
(b) A physician who willfully fails to record the determination of terminal condition or permanent unconsciousness in accordance with § 20-17-205 is guilty of a Class A misdemeanor.
(c) An individual who willfully conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a Class A misdemeanor.
(d) An individual who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in § 20-17-204, is guilty of a Class D felony.
(e) An individual who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, healthcare services is guilty of a Class D felony.
(f) A person who coerces or fraudulently induces another to execute a declaration under this subchapter is guilty of a Class D felony.
(g) The sanctions provided in this section do not displace any sanction applicable under other law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-17-209
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4ccb4cade8f4b22848ccd40daa9abbc9583310199488d1886d3a18387febfdcb
Source location: content.xml paragraph 15296
Stored source content
20-17-209. Penalties.
(a) A physician or other healthcare provider who willfully fails to transfer in accordance with § 20-17-207 is guilty of a Class A misdemeanor.
(b) A physician who willfully fails to record the determination of terminal condition or permanent unconsciousness in accordance with § 20-17-205 is guilty of a Class A misdemeanor.
(c) An individual who willfully conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a Class A misdemeanor.
(d) An individual who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in § 20-17-204, is guilty of a Class D felony.
(e) An individual who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, healthcare services is guilty of a Class D felony.
(f) A person who coerces or fraudulently induces another to execute a declaration under this subchapter is guilty of a Class D felony.
(g) The sanctions provided in this section do not displace any sanction applicable under other law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-204. Revocation of declaration.
(a)(1) A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other healthcare provider by the declarant or a witness to the revocation.
(2)(A) The wishes of a patient who requests nutrition or hydration, or both, shall be honored.
(B) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.
(b) The attending physician or other healthcare provider shall make the revocation a part of the declarant's medical record.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-205. Recording determination of terminal condition or permanent unconsciousness and declaration.
Upon determining that the declarant is in a terminal condition or permanently unconscious, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-207. Transfer of patients — Compliance by healthcare provider or healthcare institution.
(a) A declaration under this subchapter is a written advance directive under the Arkansas Healthcare Decisions Act, § 20-6-101 et seq.
(b) The provisions of the Arkansas Healthcare Decisions Act, § 20-6-101 et seq., concerning compliance by a healthcare provider or healthcare institution apply to:
(1) Determine whether an attending physician or other healthcare provider may decline to comply with a declaration executed under this subchapter; and
(2) Any duty to transfer a patient when the attending physician or other healthcare provider declines to comply with a declaration executed under this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-207. This identifies an authority to review, not proof of applicability.