reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 19 - SEX DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-1901 — 20-16-1910) › Section 20-16-1902 - Legislative findings and purpose

(a)
The General Assembly finds that:
(1)
With regard to sex-selection abortion:
(A)
The victims of sex-selection abortion are overwhelmingly female;
(B)
A sex-selection abortion is used to prevent the birth of a child of an undesired sex;
(C)
The United States, along with other countries, has petitioned the United Nations General Assembly to declare sex-selection abortion a crime against women;
(D)
Countries such as India, Great Britain, and China have taken steps to end sex-selection abortions;
(E)
Women are a vital part of our society and culture and possess the same fundamental human rights as men;
(F)
The United States prohibits discrimination on the basis of sex in various areas, including employment, education, athletics, and health insurance;
(G)
It is undesirable to have a distortion in the sex ratio within a society, particularly when there is a shortage of women; and
(H)
Countries with high rates of male preference have experienced ill effects as a result of having an increasing population of young, unmarried men; and
(2)
With regard to maternal health:
(A)
It is undisputed that abortion risks to maternal health increase as gestation increases;
(B)
The risk of death for pregnant women at eight (8) weeks' gestation is one (1) death per one million (1,000,000) and rises to:
(i)
One (1) death per twenty-nine thousand (29,000) abortions between sixteen (16) and twenty (20) weeks' gestation; and
(ii)
One (1) death per eleven thousand (11,000) abortions at twenty-one (21) weeks' gestation or later;
(C)
A woman is thirty-five (35) times more likely to die from an abortion performed at twenty (20) weeks' gestation than she would have been had the abortion been performed in the first trimester;
(D)
A woman is ninety-one (91) times more likely to die from an abortion performed at twenty-one (21) weeks' gestation or later than she would have been had the abortion been performed in the first trimester; and
(E)
Because abortions performed solely based on the sex of a child are generally performed later in pregnancy, women undergoing these abortions are unnecessarily exposed to increased health risks, including an exponentially higher risk of death.
(b)
Based on the findings in this section, the purpose of this subchapter is to:
(1)
Ban abortions performed solely for reasons of sex-selection; and
(2)
Protect women from the risks inherent in late-term abortions.
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 19 - SEX DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-1901 — 20-16-1910) › Section 20-16-1903 - Definitions

As used in this subchapter:
(1)
(A)
"Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.
(B)
An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:
(i)
Save the life or preserve the health of the unborn child;
(ii)
Remove a dead unborn child caused by spontaneous abortion; or
(iii)
Remove an ectopic pregnancy;
(2)
"Incompetent" means an individual who has been adjudicated as an individual with a disability and has had a guardian appointed for her;
(3)
"Minor" means an individual under eighteen (18) years of age;
(4)
"Physician" means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy;
(5)
"Sex-selection abortion" means an abortion performed solely on the basis of the sex of the unborn child;
(6)
"Unborn child" means the offspring of human beings from conception until birth; and
(7)
"Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support.
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 19 - SEX DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-1901 — 20-16-1910) › Section 20-16-1904 - Prohibition - Sex-selection abortion

(a)
A physician or other person shall not intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely on the basis of the sex of the unborn child.
(b)
Before performing an abortion, the physician or other person who is performing the abortion shall:
(1)
(A)
Ask the pregnant woman if she knows the sex of the unborn child.
(B)
If the pregnant woman knows the sex of the unborn child, the physician or other person who is performing the abortion shall inform the pregnant woman of the prohibition of abortion as a method of sex selection for children; and
(2)
(A)
Request the medical records of the pregnant woman relating directly to the entire pregnancy history of the woman.
(B)
An abortion shall not be performed until reasonable time and effort is spent to obtain the medical records of the pregnant woman as described in subdivision (b)(2)(A) of this section.
(c)
If this section is held invalid as applied to the period of pregnancy prior to viability, then the section shall remain applicable to the period of pregnancy subsequent to viability.
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 19 - SEX DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-1901 — 20-16-1910) › Section 20-16-1905 - Criminal penalties

A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class A misdemeanor.
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 19 - SEX DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-1901 — 20-16-1910) › Section 20-16-1906 - Civil penalties and professional sanctions

(a)
(1)
A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable.
(2)
The physician or other person may also be enjoined from future acts prohibited by this subchapter.
(b)
(1)
A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion as a method of sex selection for children, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages.
(2)
Damages may include without limitation:
(A)
Money damages for all psychological and physical injuries occasioned by the violation of this subchapter; and
(B)
Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.
(c)
A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct for which his or her license to provide healthcare services in this state shall be suspended or revoked by the Arkansas State Medical Board.
(d)
(1)
A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by:
(A)
A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or
(B)
The Attorney General.
(2)
The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 19 - SEX DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-1901 — 20-16-1910) › Section 20-16-1907 - Exclusion of liability for a woman who undergoes prohibited abortion

(a)
A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation.
(b)
In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims.
(c)
(1)
In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure.
(2)
A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of the individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure.
(3)
In the absence of written consent of the woman who receives or attempts to receive an abortion in violation of this subchapter, a person who initiates a proceeding or action under §
20-16-1906(b)
or §
20-16-1906(d)
shall do so under a pseudonym.
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 19 - SEX DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-1901 — 20-16-1910) › Section 20-16-1908 - Construction

(a)
This subchapter shall not be construed as creating or recognizing a right to abortion.
(b)
It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 19 - SEX DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-1901 — 20-16-1910) › Section 20-16-1909 - Right of intervention

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 19 - SEX DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-1901 — 20-16-1910) › Section 20-16-1910 - [Second of two versions] Effective date

This subchapter takes effect on January 1, 2018.
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 20 - CHERISH ACT (§§ 20-16-2001 — 20-16-2008) › Section 20-16-2001 - Title

This subchapter shall be known and may be cited as the "Cherish Act".
Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 20 - CHERISH ACT (§§ 20-16-2001 — 20-16-2008) › Section 20-16-2003 - Definitions

As used in this subchapter:
(1)
(A)
"Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.
(B)
An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:
(i)
Save the life or preserve the health of the unborn child;
(ii)
Remove a dead unborn child caused by spontaneous abortion; or
(iii)
Remove an ectopic pregnancy;
(2)
"Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter;
(3)
"Conception" means the fusion of human spermatozoon with a human ovum;
(4)
"Gestation" means the time that has elapsed since the first day of the woman's last menstrual period;
(5)
"Human being" means an individual member of the species Homo sapiens from and after the point of conception;
(6)
"Major bodily function" means the functions of the body, including without limitation functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions;
(7)
"Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, necessitates an abortion to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function;
(8)
"Physician" means a person licensed to practice medicine in this state, including a medical doctor; and
(9)
"Probable gestational age" means the age of an unborn human being as calculated from the first day of the last menstrual period of the pregnant woman.
Amended by Act 2021, No. 740,§ 4, eff. 7/28/2021.
Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 20 - CHERISH ACT (§§ 20-16-2001 — 20-16-2008) › Section 20-16-2004 - Abortion limited to 18 weeks' gestation

(a)
Except in a medical emergency or if the pregnancy results from a rape under §
5-14-103
or incest under §
5-26-202
when documentation is presented that states that the crime has been reported to law enforcement, a person shall not perform, induce, or attempt to perform or induce an abortion unless the physician or referring physician has:
(1)
Made a determination of the probable gestational age of the unborn human being according to standard medical practices and techniques used in the medical community; and
(2)
Documented the probable gestational age in the medical records of the pregnant woman and, if required, in a report with the Department of Health as described in subsection (c) of this section.
(b)
Except in a medical emergency or if the pregnancy results from a rape under §
5-14-103
or incest under §
5-26-202
when documentation is presented that states that the crime has been reported to law enforcement, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being is determined to be greater than eighteen (18) weeks' gestation.
(c)
(1)
If a physician performs or induces an abortion on an unborn human being whose gestational age is greater than eighteen (18) weeks, the physician shall file a report with the department within fifteen (15) days of the abortion.
(2)
The report described in subdivision (c)(1) of this section shall contain:
(A)
The date that the abortion was performed;
(B)
The specific method used for the abortion;
(C)
The probable gestational age of the unborn human being and the method used to calculate gestational age;
(D)
A statement declaring that the abortion was necessitated by a medical emergency;
(E)
The specific medical indications supporting the abortion and medical emergency;
(F)
The probable health consequences of the abortion and of the specific method used; and
(G)
The signature of the physician attesting that the information stated is true and correct to the best of his or her knowledge.
(3)
A report made under this subsection shall not contain the name of the pregnant woman upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion.
(d)
The physician or abortion facility shall:
(1)
File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and
(2)
Report to the department the number of abortions performed because of rape or incest.
Amended by Act 2021, No. 787,§ 8, eff. 7/28/2021.
Amended by Act 2021, No. 787,§ 7, eff. 7/28/2021.
Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 20 - CHERISH ACT (§§ 20-16-2001 — 20-16-2008) › Section 20-16-2005 - Reporting forms

(a)
Within thirty (30) days of July 24, 2019, the Department of Health shall create forms required by this subchapter.
(b)
The reporting requirements shall be enforceable ten (10) days after either July 24, 2019, or the date that the forms described in subsection (a) of this section become available, whichever occurs later.
Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 20 - CHERISH ACT (§§ 20-16-2001 — 20-16-2008) › Section 20-16-2006 - Penalties - Additional enforcement

(a)
(1)
A person who purposely or knowingly violates this subchapter is guilty of a Class D felony.
(2)
A woman upon whom an abortion is performed, induced, or attempted in violation of this subchapter shall not be prosecuted for conspiracy to commit a violation of this subchapter.
(b)
A physician who purposely or knowingly violates this subchapter commits an act of unprofessional conduct that shall result in the Arkansas State Medical Board's suspending or revoking his or her license.
(c)
A physician who purposely or knowingly delivers to the Department of Health any report required under this subchapter that he or she knows is false is subject to a civil penalty or fine up to two thousand dollars ($2,000) per violation imposed by the department.
(d)
A woman upon whom an abortion has been performed, induced, or attempted in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed, induced, or attempted the abortion in violation of this subchapter for actual and punitive damages.
(e)
(1)
A cause of action for injunctive relief against a person who has purposely, knowingly, or recklessly violated this subchapter may be maintained by:
(A)
A prosecuting attorney with appropriate jurisdiction; or
(B)
The Attorney General.
(2)
The injunction shall prevent the abortion provider from performing or inducing and from attempting to perform or induce further abortions in violation of this subchapter.
(f)
If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
(g)
If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff.
(h)
Damages or attorney's fees shall not be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except under subsection (d) of this section.
Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 20 - CHERISH ACT (§§ 20-16-2001 — 20-16-2008) › Section 20-16-2007 - Construction

This subchapter does not:
(1)
Create or recognize a right to abortion;
(2)
Create or recognize a right to a particular method of abortion; or
(3)
Make lawful an abortion that is currently unlawful under any law of this state.
Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 20 - CHERISH ACT (§§ 20-16-2001 — 20-16-2008) › Section 20-16-2008 - Right of intervention

(a)
The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.
(b)
The Governor may also intervene as a matter of right in any case in which the constitutionality of this law is challenged.
Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 21 - DOWN SYNDROME DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-2101 — 20-16-2107) › Section 20-16-2101 - Title

This subchapter shall be known and may be cited as the "Down Syndrome Discrimination by Abortion Prohibition Act".
Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 21 - DOWN SYNDROME DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-2101 — 20-16-2107) › Section 20-16-2102 - Definitions

As used in this subchapter:
(1)
(A)
"Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.
(B)
An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:
(i)
Save the life or preserve the health of the unborn child or the pregnant woman;
(ii)
Remove a dead unborn child caused by spontaneous abortion; or
(iii)
Remove an ectopic pregnancy;
(2)
"Down Syndrome" means a chromosome disorder associated with either:
(A)
An extra copy of the chromosome 21, in whole or in part; or
(B)
An effective trisomy for chromosome 21;
(3)
"Physician" means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy; and
(4)
"Unborn child" means the offspring of human beings from conception until birth.
Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 21 - DOWN SYNDROME DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-2101 — 20-16-2107) › Section 20-16-2103 - Prohibition - Down Syndrome

(a)
A physician shall not intentionally perform or attempt to perform an abortion with the knowledge that a pregnant woman is seeking an abortion solely on the basis of:
(1)
A test result indicating Down Syndrome in an unborn child;
(2)
A prenatal diagnosis of Down Syndrome in an unborn child; or
(3)
Any other reason to believe that an unborn child has Down Syndrome.
(b)
(1)
Before performing an abortion, the physician performing the abortion shall ask the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome.
(2)
If the pregnant woman knows of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome, the physician who is performing the abortion shall:
(A)
Inform the pregnant woman of the prohibition of abortion contained in subsection (a) of this section; and
(B)
Request the medical records of the pregnant woman relevant to determining whether she has previously aborted an unborn child or children after she became aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have had Down Syndrome.
(3)
When the physician performing the abortion is required to request the medical records of the pregnant women under subdivision (b)(2)(B) of this section, the physician shall not perform an abortion until the physician spends at least fourteen (14) days to obtain the medical records described in subdivision (b)(2)(B) of this section.
(c)
If this section is held invalid as applied to the period of pregnancy prior to viability, then this section shall remain applicable to the period of pregnancy subsequent to viability.
(d)
This section does not apply to an abortion performed on a pregnant woman if the pregnancy is the result of rape or incest.
Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 21 - DOWN SYNDROME DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-2101 — 20-16-2107) › Section 20-16-2104 - Criminal penalties

A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class D felony.
Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 21 - DOWN SYNDROME DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-2101 — 20-16-2107) › Section 20-16-2105 - Civil penalties and professional sanctions

(a)
(1)
A physician who knowingly violates this subchapter is liable for damages and shall have his or her medical license revoked as applicable.
(2)
The physician may also be enjoined from future acts prohibited by this subchapter.
(b)
(1)
A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion for the purposes of aborting an unborn child diagnosed with Down Syndrome, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages.
(2)
Damages may include without limitation:
(A)
Money damages for any psychological and physical injuries occasioned by the violation of this subchapter; and
(B)
Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.
(c)
A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct and his or her license to provide healthcare services in this state shall be revoked by the Arkansas State Medical Board.
(d)
(1)
A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by:
(A)
A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or
(B)
The Attorney General.
(2)
The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.
Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 21 - DOWN SYNDROME DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-2101 — 20-16-2107) › Section 20-16-2106 - Exclusion of liability for a woman who undergoes prohibited abortion

(a)
A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation of this subchapter.
(b)
In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims.
(c)
(1)
In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure.
(2)
A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure.
Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 21 - DOWN SYNDROME DISCRIMINATION BY ABORTION PROHIBITION ACT (§§ 20-16-2101 — 20-16-2107) › Section 20-16-2107 - Right of intervention

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.
Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 22 - PROHIBITION OF PUBLIC FUNDING OF HUMAN CLONING AND 25 DESTRUCTIVE EMBRYO RESEARCH ACT (§§ 20-16-2201 — 20-16-2208) › Section 20-16-2201 - Title

This subchapter shall be known and may be cited as the "Prohibition of Public Funding of Human Cloning and Destructive Embryo Research Act".
Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 22 - PROHIBITION OF PUBLIC FUNDING OF HUMAN CLONING AND 25 DESTRUCTIVE EMBRYO RESEARCH ACT (§§ 20-16-2201 — 20-16-2208) › Section 20-16-2202 - Legislative findings and purpose - Public policy

(a)
The General Assembly finds that:
(1)
The prospect of creating new human life solely to be exploited or destroyed has been condemned on moral grounds as displaying a profound disrespect for a human life;
(2)
Destructive human embryo research reduces the status of human embryos to a mere means for possible benefit for another person;
(3)
The moral justification of medical or scientific research cannot be based upon the dehumanizing and utilitarian premise that the ends justify any means;
(4)
Research and development of therapeutic cloning and methods to ethically obtain adult stem cells have contributed valuable therapeutic advancements and improved patient health and have proven more promising than research involving the destruction or exploitation of human embryos as a therapeutic means;
(5)
Recent and promising advances in reprogramming human cells to behave as if in an embryonic state render controversial cloned human embryos unnecessary for use in destructive embryo research;
(6)
Cloning embryos and destructive embryo research require human egg cells which are very expensive to obtain;
(7)
Harvesting human egg cells also creates significant health risks to a woman, including without limitation:
(A)
Ovarian hyperstimulation syndrome;
(B)
Damage to internal organs or blood vessels;
(C)
Infertility;
(D)
Depression; and
(E)
Death;
(8)
Harvesting human egg cells for research contributes to the commoditization and exploitation of women;
(9)
Public opinion is divided over the deeply conflicting moral and ethical concerns:
(A)
Related to payments to women for access to human egg cells; and
(B)
Surrounding the creation and destruction of human embryos; and
(10)
Providing public funding of destructive embryo research would be a misuse of revenue collected by the state.
(b)
Based on the findings in this section, the purpose of this subchapter is to further the important and compelling state interest of:
(1)
Respecting life and fostering a culture of life;
(2)
Directing public expenditures:
(A)
Away from funding research that has not yielded significant scientific contributions or benefit to patients; and
(B)
Toward funding research that has already made significant contributions to patients; and
(3)
Relieving the consciences of taxpayers who:
(A)
Are concerned about the possible exploitation of women that may result from payment for human egg cells; and
(B)
Object to human cloning and destructive embryo research.
(c)
Public funding of human cloning and destructive embryo research, including embryonic stem cell research, is against the public policy of this state.
Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 22 - PROHIBITION OF PUBLIC FUNDING OF HUMAN CLONING AND 25 DESTRUCTIVE EMBRYO RESEARCH ACT (§§ 20-16-2201 — 20-16-2208) › Section 20-16-2204 - Prohibitions

(a)
Public funds shall not be used to:
(1)
Finance human cloning or destructive embryo research, including destructive embryonic stem cell research;
(2)
Buy, receive, or otherwise transfer a human embryo with the knowledge that the embryo will be subject to destructive research; or
(3)
Buy, receive, or otherwise transfer gametes with the knowledge that a human embryo will be produced from the gametes to be used in destructive research.
(b)
The state, a state educational institution, or a political subdivision of the state shall not use public funds, facilities, or employees to knowingly destroy human embryos for the purpose of research or knowingly participate in human cloning or attempted human cloning.
Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 22 - PROHIBITION OF PUBLIC FUNDING OF HUMAN CLONING AND 25 DESTRUCTIVE EMBRYO RESEARCH ACT (§§ 20-16-2201 — 20-16-2208) › Section 20-16-2205 - Exceptions

This subchapter does not restrict the funding of areas of scientific research not specifically prohibited by this subchapter, including without limitation:
(1)
In vitro fertilization and accompanying embryo transfer to the body of a woman;
(2)
Administration of fertility-enhancing drugs;
(3)
Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans; and
(4)
Any diagnostic procedure that benefits the human embryo subject to destructive tests while not imposing risks greater than those considered acceptable for other human research subjects.
Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 22 - PROHIBITION OF PUBLIC FUNDING OF HUMAN CLONING AND 25 DESTRUCTIVE EMBRYO RESEARCH ACT (§§ 20-16-2201 — 20-16-2208) › Section 20-16-2206 - Penalties and sanctions

(a)
A person or entity that knowingly fails to comply with the provisions of this subchapter is guilty of a Class A misdemeanor.
(b)
A person or entity that knowingly fails to comply with the provisions of this subchapter shall be fined a civil penalty in the amount of one thousand dollars ($1,000).
(c)
A violation of this subchapter may be the basis for:
(1)
Denying an application for an initial license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession;
(2)
Denying an application for renewal of a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession; or
(3)
Revoking a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession.
Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 22 - PROHIBITION OF PUBLIC FUNDING OF HUMAN CLONING AND 25 DESTRUCTIVE EMBRYO RESEARCH ACT (§§ 20-16-2201 — 20-16-2208) › Section 20-16-2207 - Standing

A taxpayer of this state or any political subdivision of this state shall have standing to bring suit to enforce this subchapter against:
(1)
The state, any official, department, division, agency, or political subdivision of this state; and
(2)
A recipient of public funds that is in violation of this subchapter.
Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 22 - PROHIBITION OF PUBLIC FUNDING OF HUMAN CLONING AND 25 DESTRUCTIVE EMBRYO RESEARCH ACT (§§ 20-16-2201 — 20-16-2208) › Section 20-16-2208 - Right of intervention

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this subchapter is challenged.
Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 23 - PERINATAL PALLIATIVE CARE INFORMATION ACT (§§ 20-16-2301 — 20-16-2306) › Section 20-16-2301 - Title

This subchapter shall be known and may be cited as the "Perinatal Palliative Care Information Act".
Acts 2019, No. 953, § 1, eff. 7/24/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 23 - PERINATAL PALLIATIVE CARE INFORMATION ACT (§§ 20-16-2301 — 20-16-2306) › Section 20-16-2302 - Legislative findings and purpose

(a)
The General Assembly finds that:
(1)
As diagnosis of prenatal conditions improves, more lethal fetal anomalies are diagnosed earlier in pregnancy;
(2)
(A)
Currently, parents are often given minimal options.
(B)
Parents must choose between terminating the pregnancy or simply waiting for the child to die;
(3)
The majority of parents in the situation described in subdivision (a)(2) of this section choose to terminate the pregnancy, with only twenty percent (20%) of parents deciding to continue the pregnancy;
(4)
Studies indicate that choosing to terminate a pregnancy can pose severe long-term psychological risks for a woman, including the risk of post-traumatic stress, depression, and anxiety;
(5)
Parents who choose to continue the pregnancy under the supportive, compassionate care of a perinatal palliative care team report being emotionally and spiritually prepared for the birth of a child; and
(6)
Studies reveal that when given the option, at least eighty to eighty-seven percent (80-87%) of parents choose to continue their pregnancies in a supportive environment of perinatal palliative care.
(b)
It is the purpose of this subchapter to:
(1)
Guarantee that a woman considering an abortion after a diagnosis of a lethal fetal anomaly is presented with information on the option of perinatal palliative care; and
(2)
Ensure that any abortion choice that a woman makes has been fully informed.
Acts 2019, No. 953, § 1, eff. 7/24/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 23 - PERINATAL PALLIATIVE CARE INFORMATION ACT (§§ 20-16-2301 — 20-16-2306) › Section 20-16-2303 - Definitions

As used in this subchapter:
(1)
(A)
"Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.
(B)
An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:
(i)
Save the life or preserve the health of the unborn child;
(ii)
Remove a dead unborn child caused by spontaneous abortion; or
(iii)
Remove an ectopic pregnancy;
(2)
"Lethal fetal anomaly" means a fetal condition diagnosed before birth that will result in the death of the unborn child with reasonable certainty within three (3) months of the birth;
(3)
"Medical emergency" means, based on the good faith clinical judgment of the physician, a condition that has complicated the medical condition of the pregnant woman so as to necessitate the immediate termination of the pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function;
(4)
(A)
"Perinatal palliative care" means comprehensive support to the pregnant woman and her family that includes support from the time of diagnosis, through the time of birth and the death of the infant, and through the postpartum period.
(B)
"Perinatal palliative care" may include without limitation counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty nurses focused on alleviating fear and ensuring that the woman and her family experience the life and death of the child in a comfortable and supportive environment; and
(5)
"Physician" means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy.
Acts 2019, No. 953, § 1, eff. 7/24/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 23 - PERINATAL PALLIATIVE CARE INFORMATION ACT (§§ 20-16-2301 — 20-16-2306) › Section 20-16-2304 - Informed consent for abortion to include perinatal palliative care information

(a)
Except in the case of a medical emergency, consent to an abortion when the unborn child has been diagnosed with a lethal fetal anomaly is voluntary and informed only if at least seventy-two (72) hours before the abortion:
(1)
The physician performing the abortion has verbally informed the pregnant woman that perinatal palliative care services are available and has offered perinatal palliative care services as an alternative to abortion; and
(2)
The pregnant woman is given a list of perinatal palliative care services available both in the state and nationally that is prepared by the Department of Health and organized geographically by location.
(b)
If the pregnant woman declines perinatal palliative care services, the pregnant woman shall certify in writing that:
(1)
She declines the perinatal palliative care services; and
(2)
She has received the materials described in subdivision (a)(2) of this section.
Acts 2019, No. 953, § 1, eff. 7/24/2020.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 23 - PERINATAL PALLIATIVE CARE INFORMATION ACT (§§ 20-16-2301 — 20-16-2306) › Section 20-16-2305 - Professional sanctions

(a)
A violation of this subchapter shall constitute unprofessional conduct and shall result in the revocation of a physician's license to practice medicine.
(b)
A violation of this subchapter may be used as the basis for:
(1)
Denying an application for licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession;
(2)
Denying an application for renewal of licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession; and
(3)
Revoking a license, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession.
Acts 2019, No. 953, § 1, eff. 7/24/2020.