Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1237
4
5 By: Representative J. Richardson
6 By: Senator J. Boyd
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8 For An Act To Be Entitled
9 AN ACT TO PROHIBIT MEDICAL PROFESSIONALS FROM
10 SOLICITING INJURED INDIVIDUALS; TO SET PENALTIES FOR
11 A VIOLATION OF THE PROHIBITION OF SOLICITATION OF
12 INJURED INDIVIDUALS; AND FOR OTHER PURPOSES.
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15 Subtitle
16 TO PROHIBIT MEDICAL PROFESSIONALS FROM
17 SOLICITING INJURED INDIVIDUALS; AND TO
18 SET PENALTIES FOR A VIOLATION OF THE
19 PROHIBITION OF SOLICITATION OF INJURED
20 INDIVIDUALS.
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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 Section 1. Arkansas Code Title 17, Chapter 80, Subchapter 1, is
25 amended to add an additional section to read as follows:
26 17-80-123. Solicitation of injured individuals.
27 (a) As used in this section:
28 (1) "Medical professional" means a person licensed or certified
29 to practice healthcare services under Subtitle 3 of Title 17; and
30 (2) "Solicitation" means in-person, telemarketing, telephonic,
31 text message, internet, or electronic direct message communication.
32 (b) A medical professional, including his or her employee, agent, or
33 independent contractor, shall not conduct or facilitate the solicitation of
34 an individual who has been injured or involved in an accident, disaster, or
35 other event that causes injury for the purpose of treating injuries that the
36 individual sustained or may have sustained in the accident, disaster, or
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1 other event, unless:
2 (1) The medical professional has a family or prior professional
3 relationship with the individual; or
4 (2) The solicitation occurs more than thirty (30) days after the
5 date of the accident, disaster, or other event that causes the injury.
6 (c)(1) A violation of this section is a Class D felony.
7 (2)(A) An agreement to pay for healthcare services provided by a
8 medical professional as a result of a violation of this section is invalid.
9 (B) A person shall not collect or pursue collection for
10 any debt arising from an agreement as described in subdivision (c)(2)(A) of
11 this section.
12 (3) A patient, person, or insurance company who paid as a result
13 of an agreement described in subdivision (c)(2)(A) of this section shall
14 receive:
15 (A) A complete refund of money paid for healthcare
16 services provided by a medical professional resulting from a violation of
17 this section; and
18 (B) Reasonable attorney's fees incurred when collecting
19 the refund described in subdivision (c)(3)(A) of this section.
20 (d) This section does not prohibit solicitation by targeted direct-
21 mail advertising or other forms of written, radio, or television advertising,
22 provided the advertising does not involve coercion, duress, or harassment and
23 is not false, deceptive, or misleading.
24 (e) A violation of this section is a deceptive and unconscionable
25 trade practice under the Deceptive Trade Practices Act, � 4-88-101 et seq.,
26 and is subject to the enforcement provisions of the Deceptive Trade Practices
27 Act, � 4-88-101 et seq.
28 (f) A person suffering a pecuniary loss due to a violation of this
29 section may bring a private cause of action in any court of competent
30 jurisdiction and shall recover:
31 (1) The pecuniary loss caused by the violation;
32 (2) Costs;
33 (3) Reasonable attorney's fees; and
34 (4) The greater of:
35 (A) Five hundred dollars ($500); or
36 (B) Twice the amount of the pecuniary loss.
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1 (g) The relief provided in this section is in addition to remedies or
2 penalties otherwise available in regard to the same conduct under law or
3 under other statutes of this state.
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3 01/24/2025 10:26:09 AM JMB200Every fact on this page links to its source, starting with the official bill record.