AR SB376

An employee of a law enforcement agency or correctional facility who negligently fails to provide or obtain immediate medical attention for a person in custody displaying signs of medical distress, resulting in unnecessary pain, physical injury, or death, is guilty of a Class A misdemeanor upon conviction.

An immediate supervisor of an employee who violates the medical care requirement is also guilty of a Class A misdemeanor upon conviction.

"Medical distress" includes breathing difficulty, migraine headaches, adverse mental health episodes, muscle pain, and need for immediate medical care.

State agencies, county sheriffs, political subdivisions, and other entities holding persons in custody must provide first aid training and training in identifying signs of medical distress to all employees with contact with such persons.

Persons unlawfully denied medical care while in custody may bring civil actions in circuit court or federal district court for equitable and declaratory relief, and prosecuting attorneys may bring criminal charges if probable cause exists; the Prosecutor Coordinator must establish a method for anonymous complaints about denial of medical care.