RELATING TO CERTIFIED CAREGIVERS.

2025 Regular Session Introduced by Cory Chun and 2 co-sponsors

House Bill 1282 protects consumers by ensuring only licensed attorneys provide legal advice on personal injury claims, impacting certified caregivers in adult foster homes.

Carried over to 2026 Regular Session.

#adultfosterhomes #certifiedcaregiver #minimumage

Bill Overview

Bill Number: HB 1282
Introduced On: January 28, 2025
Current Status: The committee(s) on CPC recommend(s) that the measure be deferred.
Primary Sponsors: Representatives J. Richardson, L. Johnson, Hudson, Maddox; Senator J. Boyd
Classification: Bill
Subject: Adult Foster Homes, Certified Caregiver, Minimum Age

Purpose and Intent

House Bill 1282 aims to amend existing laws regarding the practice of certified caregivers in Arkansas. The bill seeks to clarify the legal framework surrounding the unauthorized practice of law, particularly in relation to personal injury and property damage claims. This legislation is intended to protect consumers by ensuring that only qualified individuals provide legal advice or representation in these matters.

Key Provisions

The bill proposes the following amendments to Arkansas Code § 16-22-501(a):

Definition of Unauthorized Practice: It specifies that a person commits an offense if they:

Contract with individuals to represent them regarding personal injury or property damage claims.
Advise individuals on their rights or the advisability of making claims for personal injuries or property damages.
Counsel individuals on whether to accept settlement offers for claims.
Enter into contracts to represent individuals on a contingent fee basis.
Grant exclusive rights to select legal counsel for representation in legal proceedings.
Solicit business related to legal matters through direct contact.

These provisions aim to ensure that only licensed attorneys engage in activities that could be construed as legal representation or advice.

Impact

The bill primarily affects:
- Certified Caregivers: Individuals providing care in adult foster homes who may inadvertently engage in activities that could be classified as unauthorized legal practice.
- Consumers: Individuals seeking legal advice or representation for personal injury or property damage claims, ensuring they receive guidance from qualified legal professionals.

Procedural Aspects

Legislative Timeline:

The bill was introduced on January 28, 2025, and has undergone several readings and committee reviews.
It was passed by the House and Senate on February 13, 2025, and was scheduled for enrollment.
As of February 19, 2025, the committee on CPC has recommended that the measure be deferred, indicating that further discussion or amendments may be necessary.

Conclusion

House Bill 1282 seeks to clarify and strengthen the legal boundaries surrounding the practice of law in relation to certified caregivers and personal injury claims. By defining unauthorized practices more clearly, the bill aims to protect consumers and ensure that only qualified individuals provide legal advice. The current status of the bill indicates that it is under review, with potential for further amendments before it can be enacted.

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