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Medical Professional Liability State Profile:

Arkansas

PRA New Business Paper
#15 ProAssurance State Rank
#35 Market Rank
$90,702,682 Size of MPL Market

CME Requirements

Credit Amount
Arkansas requires 20 CME credit hours per licensure cycle, half of which must be Category 1 in the physician’s primary area of practice.

Licensure Cycle
Annual—expiring the last day of the licensee’s birth month.

Topics
Effective beginning the 2019 renewal cycle, Arkansas physicians must complete one hour of CME related to opioids and benzodiazepines. 

The Arkansas CME requirements listed above were accurate when posted, but CME state requirements change frequently. Due to COVID-19, certain states may have modified their licensure requirements. Physicians are advised to confirm Arkansas’ current requirements with the Arkansas State Medical Board.

Physician Market Comparison

Arkansas = $45,765,493
About the same as Kansas ($45,902,496)
Missouri is about twice the size ($92,424,043)
Idaho is about half the size ($22,723,588) 

Region

Southwest

New Business Paper

ProAssurance

Tort Laws

Limits on damages for pain and suffering: None (prohibited by state constitution)
Limits on contingent attorney fees: None
Reform of collateral source rule: None
Periodic payment of future damages: Mandatory over $100,000 at request of either party
  • Ark. Code Ann. § 16-114-208
Statute of limitations: Two years; One year Foreign Object from discovery
  • Ark. Code Ann. § 16-114-203

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate: 6% if no interest rate specified in the contract.
  • Ark. Code Ann. § 4- 57-101(d); Mo. & N. Ark. R.R. v. Entergy Ark., Inc., 2013 U.S. Dist. LEXIS 139204 (E.D. Ark. Sept. 27, 2013); Wooten v. McLendon, 612 S.W.2d 105 (Ark. 1981)
Prejudgment Accrual Date: Date of Loss
  • Reynolds Health Care Servs. v. HMNH, Inc. , 217 S.W.3d 797 (Ark. 2005)
Post-Judgment Tort Actions Rate: Equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%), not to exceed maximum rate permitted under Ark. Const. Amend. 89.
  • Ark. Code Ann. § 16-65-114
Post-Judgment Accrual Date: Date of judgment
  • Ark. Code Ann. § 16-65-114; Jameson v. Johnson, 33 S.W.3d 140 (Ark. 2000)

One-party or two-party state

Arkansas is a one-party state.

In Arkansas it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park. Ark. Code Ann. § 5-60-120

 

Abortion Law

Now that the Supreme Court has overturned Roe:

Arkansas is enforcing its trigger ban to prohibit abortion entirely.