2020 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 6 - General Provisions
Subchapter 3 - Arkansas Physician Order for Life-Sustaining Treatment Act
§ 20-6-310. Criminal penalty
(a) It is unlawful for a person to knowingly:
(1) Conceal, cancel, deface, obliterate, or damage a physician order for life-sustaining treatment form without the consent of the patient or the legal representative of the patient;
(2)
(A) Cause an individual to execute a physician order for life-sustaining treatment form by undue influence, fraud, or duress.
(B) As used in this section, “undue influence” includes without limitation:
(i) Charging a different rate or fee for insurance coverage or healthcare services based upon whether the individual consents to a physician order for life-sustaining treatment form or has executed a physician order for life-sustaining treatment form;
(ii) Requiring a healthcare provider to have an internal policy to offer a physician order for life-sustaining treatment form to any individual;
(iii) Providing any financial incentive, payment, discount, or rating incentive for having an internal policy or procedure relating to the completion of a physician order for life-sustaining treatment form as applied to a healthcare provider or healthcare facility; or
(iv) Imposing a rating or reimbursement penalty if a healthcare provider or healthcare facility fails to achieve a target for physician order for life-sustaining treatment form completions; or
(3) Falsify or forge a physician order for life-sustaining treatment form of another person that results in a direct change of health care provided to the patient.
(b) A person who violates this section is guilty of a Class D felony.
(c) This section does not prevent payment to a healthcare provider or healthcare facility for consultation with or counseling of a patient concerning a physician order for life-sustaining treatment form or for offering advance directive healthcare planning.
