Gov. Sanders vetoes two bills; override attempts not expected

Gov. Sarah Sanders vetoed two bills late Wednesday (April 22) – one allowing physicians to temporarily withhold information from patients, and one establishing regional behavioral centers for troubled students. Both bills had passed one of the chambers by one vote.

Lawmakers can override the governor’s veto with a simple majority under the Arkansas Constitution when they reconvene May 5 to formally adjourn. The Senate sponsors of both bills said April 23 that they would not try to override the vetoes. Legislators recessed April 16.

House Bill 1961 by Rep. Brandon Achor, R-Maumelle, and Sen. Justin Boyd, R-Fort Smith, would have let medical providers temporarily withhold medical records from a patient or their designee for up to 30 days. This could be done if the provider believed immediate release could lead to the patient’s misinterpreting the information in a way that could negatively affect his or her physical or mental health or safety.

Providers also could have temporarily withheld the information if they believed they needed time to review the results to prepare a plan of treatment. Withholding also would have been allowed if the provider scheduled or made a good faith effort to schedule a discussion with the patient to explain the results.

Sanders explained her opposition in a letter to Hester and Speaker of the House Brian Evans, R-Cabot.

She wrote, “Individuals have a right to access personal medical information, including medical imaging, test results, and other health records, in a timely fashion. Because this bill may, in some cases, unduly delay the release of such information to patients who are entitled to it, I am vetoing this legislation.”

The bill passed the Senate April 16 by one vote, 18-10 with one not voting and six voting present. On April 9, it had passed the House, 75-14 with five not voting and 14 voting present.

Sanders also vetoed Senate Bill 451 by Sen. Bart Hester, R-Cave Springs and Rep. R. Scott Richardson, R-Bentonville.

That bill would have required the Department of Human Services in consultation with the Department of Education to establish regional behavioral health programs to assist schools with finding services for students demonstrating behavior that likely would injure themselves, other students, or staff. The programs would have worked with the referring school district and the student’s family to develop a behavioral health management plan.

In a letter to Hester and Evans, Sanders explained, “School administrators, teachers, and principals are increasingly managing student behavioral issues, including aggression and violence. These issues cause disruptions in the academic environment, distracting from schools’ core function: a safe environment where all students can learn. Without sufficient interventions, these issues will continue to distract from our focus on academic improvement.

“I have directed the Secretaries of the Department of Education and the Department of Human Services to work with interested parties to come up with a solution that is more tailored to the needs of our local public schools.”

The bill passed the House on April 14, 51-22 with 17 not voting and 10 voting present. On April 8, it had passed the Senate, 30-1 with three not voting and one voting present.

Sanders previously vetoed House Bill 1889, which allowed marijuana retailers to deliver their products via a delivery vehicle or by using a drive-through window. She also issued a line-item veto of House Bill 1265, in which she vetoed a provision funding a director of the University of Arkansas at Little Rock’s Institute on Race & Ethnicity.