Bill to bar post-accident solicitation by medical providers fails after members cite overbreadth concerns

The Arkansas House of Representatives on the floor voted down House Bill 12 37, a measure that would have prohibited medical professionals from soliciting recently injured individuals and imposed penalties for violations. The measure failed on a recorded vote of 40 yays, 36 nays and 13 present.

Representative Jay Richardson, the bill sponsor, said the measure was designed to protect accident victims from direct solicitation immediately after an incident: “This bill was created to protect citizens,” he said, describing a constituent who was notified at home by a solicitor before communicating with family. Richardson told colleagues that he would accept amendments that reduce penalties and narrow definitions; during the floor debate he said he planned to change a proposed felony to a misdemeanor and to narrow the term “Internet.”

Members who opposed the bill cited broader concerns that the draft language could unintentionally criminalize ordinary marketing and emergency medical outreach. Representative Mayberry asked whether broad social-media advertising from clinics could expose otherwise lawful ads to liability if an ad simply appeared in the news feed of someone recently injured. Representative Tokington (floor) and others noted scenarios such as mobile clinics after natural disasters, where outreach might be intended to provide urgent help rather than exploit injury.

Richardson said certain advertising forms (written, radio, television) are excluded in the bill text and that he planned targeted edits before the Senate, but several members urged that the chamber either amend it here or postpone to ensure the language would not create unintended penalties for routine community outreach. After debate and closing, the bill failed on a recorded vote.