This information was last updated by Horty, Springer & Mattern on February 16, 2021.
§ 17-95-103. Malpractice claim against physicians–Notice
(a) Every physician licensed to practice medicine and surgery in the State of Arkansas, within ten (10) days after the receipt or notification of a claim or filing of a lawsuit against him or her charging him or her with medical malpractice, shall notify the Arkansas State Medical Board of the claim or lawsuit. The notice shall be sent by registered letter to the office of the board and upon such forms as may be approved by the board. If the malpractice claim is in the form of a complaint in a filed lawsuit, a copy of the complaint shall be furnished to the board along with the notification required by this section.
(b) The reports required to be filed by physicians under this section shall be privileged and shall not be open for public inspection except upon order of a court of competent jurisdiction.
(c) The board is authorized and directed to prepare and adopt such rules as are necessary and proper to assure compliance with the provisions of this section.
§ 17-95-104. Physician misconduct–Reporting requirement
(a)(1) A hospital licensed by or under the jurisdiction of the State of Arkansas, within sixty (60) days after taking such action as described in this section, shall report in writing to the Arkansas State Medical Board the name of any member of the medical staff or any other physician practicing in the hospital whose hospital privileges have been revoked, limited, or terminated for any cause, including resignation, together with pertinent information relating to the action.
(2) The hospital shall also report any other formal disciplinary action concerning any such physician taken by the hospital upon recommendation of the medical staff relating to professional ethics, medical incompetence, or drug or alcohol abuse.
(b) The filing of a report with the board pursuant to this section, investigation by the board, or any disposition by the board shall not, in and of itself, preclude any action by a hospital or other healthcare facility or professional society comprised primarily of physicians to suspend, restrict, or revoke the privileges or membership of such a physician.
(c) No hospital or employee of a hospital reporting to the board as provided by this section shall be liable in damages to any person for slander, libel, defamation of character, or otherwise because of the report.
(d) Any reports, information, or records received and maintained by the board pursuant to this section, including any such material received or developed by the board during an investigation or hearing, shall be strictly confidential. The board may only disclose any such confidential information:
(1) In a disciplinary hearing before the board or in any subsequent trial or appeal of a board action or order;
(2) To physician licensing or disciplinary authorities of other jurisdictions or to hospital committees located within or outside this state which are concerned with granting, limiting, or denying a physician’s hospital privileges. The board shall include along with any such disclosure an indication as to whether or not the information has been substantiated; or
(3) Pursuant to an order of a court of competent jurisdiction.