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 SENATE BILL 288
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5 By: Senator J. Payton
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8 For An Act To Be Entitled
9 AN ACT TO MODIFY A PHYSICIAN CHANGE UNDER THE
10 WORKERS' COMPENSATION LAW THAT RESULTED FROM
11 INITIATED MEASURE 1948, NO. 4; AND FOR OTHER
12 PURPOSES.
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14
15 Subtitle
16 TO MODIFY A PHYSICIAN CHANGE UNDER THE
17 WORKERS' COMPENSATION LAW THAT RESULTED
18 FROM INITIATED MEASURE 1948, NO. 4.
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20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22 SECTION 1. Arkansas Code � 11-9-514(a), concerning medical services
23 and supplies and a change of physician under the Workers' Compensation Law,
24 is amended to read as follows:
25 (a)(1) If the employee selects a physician, the Workers' Compensation
26 Commission shall not authorize a change of physician unless the employee
27 first establishes to the satisfaction of the commission that there is a
28 compelling reason or circumstance justifying a change.
29 (2)(A)(i) If the employer selects a physician to encourage
30 continuity of care and improved outcomes, the claimant may petition the
31 commission one (1) time only for a change of physician, and if the commission
32 approves the change with or without a hearing, the commission shall determine
33 the second physician and shall not be bound by recommendations of claimant or
34 respondent.
35 (ii) A physician may make appropriate referrals to
36 relevant specialists for necessary medical treatment.
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SB288
1 (iii) In addition to a change to the regular
2 physician under subdivision (a)(2)(A)(i) of this section, no more than once
3 per year, the injured employee has the right to petition the commission for a
4 change of physician to:
5 (a) Another physician who is associated with a
6 managed care entity certified by the commission or otherwise agrees to the
7 commission rules and fee schedule; and
8 (b) An appropriate specialist who is
9 associated with a managed care entity certified by the commission or
10 otherwise agrees to the commission rules and fee schedule.
11 (iv) This subdivision (a)(2(A) recognizes that an
12 injured employee may require treatment from multiple specialists and an
13 injured worker may obtain one (1) change of a specialist per year for each
14 relevant specialty.
15 (B) However, if the change desired by the claimant is to a
16 chiropractic physician, optometrist, or podiatrist, the claimant may make the
17 change by giving advance written notification to the employer or carrier.
18 (3) Following establishment of an Arkansas managed care system
19 as provided in � 11-9-508, subdivisions (a)(1) and (2) of this section shall
20 become null and void, and thereafter:
21 (A)(i) The employer shall have the right to select the
22 initial primary care physician from among those associated with managed care
23 entities certified by the commission as provided in � 11-9-508.
24 (ii) Where the employer has contracted with a
25 managed care organization certified by the commission, the claimant employee,
26 however, shall be allowed to change physicians by petitioning the commission
27 one (1) time only for a change of physician to a physician who must either be
28 associated with the managed care entity chosen by the employer or be the
29 regular treating physician of the employee who maintains the employee's
30 medical records and with whom the employee has a bona fide doctor-patient
31 relationship demonstrated by a history of regular treatment prior to the
32 onset of the compensable injury but only if the primary care physician agrees
33 to refer the employee to the managed care entity chosen by the employer for
34 any specialized treatment, including physical therapy, and only if the
35 primary care physician agrees to comply with all the rules, terms, and
36 conditions regarding services performed by the managed care entity chosen by
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SB288
1 the employer.
2 (iii) Where the employer does not have a contract
3 with a managed care organization certified by the commission, the claimant
4 employee, however, shall be allowed to change physicians by petitioning the
5 commission one (1) time only for a change of physician, to a physician who
6 must either be associated with any managed care entity certified by the
7 commission or be the regular treating physician of the employee who maintains
8 the employee's medical records and with whom the employee has a bona fide
9 doctor-patient relationship demonstrated by a history of regular treatment
10 prior to the onset of the compensable injury, but only if the primary care
11 physician agrees to refer the employee to a physician associated with any
12 managed care entity certified by the commission for any specialized
13 treatment, including physical therapy, and only if the primary care physician
14 agrees to comply with all the rules, terms, and conditions regarding services
15 performed by any managed care entity certified by the commission.
16 (B)(3) A petition for change of physician shall be expedited by
17 the commission.
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3 02/24/2025 4:03:43 PM ANS193Every fact on this page links to its source, starting with the official bill record.