everything you want to know (and don't) about arkansas politics

Republican Sponsorship
Healthcare

HB1916

To Amend The Protecting Minors From Medical Malpractice Act Of 2023; And To Include Gender-affirming Interventions As A Right Of Action For Medical Malpractice.

Passed

Last Action (April 22, 2025): Notification that HB1916 is now Act 979

Sponsors

AI-Generated Summary

House Bill 1916 amends the 'Protecting Minors from Medical Malpractice Act of 2023' in Arkansas by explicitly including gender-affirming interventions, such as puberty blockers and cross-sex hormone therapy, within the scope of the act. It establishes that healthcare professionals performing these interventions on minors can be held liable for civil damages if the minor sustains physical, psychological, emotional, or physiological injury. The bill outlines a private right of action, allowing minors or their representatives to sue for declaratory relief, compensatory damages, and punitive damages, with a statute of limitations extending 15 years past the age of majority. It also provides a 'safe harbor' defense for medical professionals, provided they meet specific, rigorous diagnostic and documentation requirements. Furthermore, the bill mandates a specific, detailed informed consent disclosure that must be provided to parents and minors, which warns of various medical risks, uncertainties, and potential long-term side effects associated with these treatments. Failure to adhere to these strict requirements subjects providers to potential litigation.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are individuals, including minors and their legal guardians, who believe they have been harmed or injured by gender-affirming medical interventions and wish to seek legal recourse. Additionally, legal practitioners specializing in medical malpractice and tort law may see increased case opportunities, and organizations or individuals who advocate for more stringent regulation or prohibition of gender-affirming care for minors would likely view this legislation as a success.

Who Might Suffer?

The bill most directly impacts healthcare and mental health professionals who provide gender-affirming care to minors, as it increases their liability and creates a significant potential for litigation. Transgender and gender-diverse youth, as well as their families, are also negatively impacted by facing reduced access to gender-affirming care, as the stringent requirements for legal protection ('safe harbor') and the intimidating nature of the mandated disclosure form may deter providers from offering these services in Arkansas.

Vote Records

Third Reading

April 15, 2025
Yea: 29 Nay: 6 NV: 0 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Nay
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Nay
Frederick Love Democrat Senate Nay
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Nay
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Nay
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Jamie Scott Democrat Senate Nay
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea

Third Reading

April 9, 2025
Yea: 73 Nay: 16 NV: 11 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Tracy Steele Democrat House Nay
Fred Allen Democrat House Nay
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Nay
Jon Eubanks Republican House NV
Matthew Shepherd Republican House Yea
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Nay
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Nay
Mark McElroy Republican House NV
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House NV
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House NV
Ron Mcnair Republican House Yea
Marcus Richmond Republican House Yea
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House NV
Lee Johnson Republican House Yea
Andrew Collins Democrat House Nay
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Nay
Cindy Crawford Republican House Yea
Denise Garner Democrat House Nay
Tippi McCullough Democrat House Nay
Jay Richardson Democrat House NV
Jim Wooten Republican House Yea
Denise Ennett Democrat House Nay
Richard McGrew Republican House Yea
Joy Springer Democrat House Nay
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Ashley Hudson Democrat House Nay
Jon Milligan Republican House NV
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House NV
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House NV
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Nay
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Glenn Barnes Democrat House NV
Lincoln Barnett Democrat House Nay
Alyssa Brown Republican House Yea
Nick Burkes Republican House Yea
Paul Childress Republican House Yea
James Eaton Republican House NV
Brad Hall Republican House Yea
Dolly Henley Republican House Yea
Jessie McGruder Democrat House Nay
Jason Nazarenko Republican House Yea
Randy Torres Republican House Yea
Diana Gonzales Worthen Democrat House Nay
Read Full Bill on arkleg.state.ar.us