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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-801 - Title

This subchapter shall be known and may be cited as the "Parental Involvement Enhancement Act".
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-802 - Legislative findings and purpose

(a)
The General Assembly finds that:
(1)
Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;
(2)
The medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the minor is immature;
(3)
The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related;
(4)
Parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the minor daughter;
(5)
Parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention after her abortion; and
(6)
Parental consultation is usually desirable and in the best interests of the minor.
(b)
Based on the findings in subsection (a) of this section, the General Assembly's purposes in enacting this enhancement to the State of Arkansas's parental notice law are to further the important and compelling state interests of:
(1)
Protecting minors against their own immaturity;
(2)
Fostering family unity and preserving the family as a viable social unit;
(3)
Protecting the constitutional rights of parents to rear children who are members of their household;
(4)
Reducing teenage pregnancy and abortion; and
(5)
In light of the foregoing statements of purpose, allowing for judicial bypasses of the parental notice requirement to be made only in exceptional or rare circumstances.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-803 - Definitions

As used in this subchapter:
(1)
(A)
"Abortion" means the act of using or prescribing an 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 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)
"Coercion" means restraining or dominating the choice of a pregnant woman by force, threat of force, or deprivation of food and shelter;
(3)
"Consent" means:
(A)
In the case of a pregnant woman who is less than eighteen (18) years of age, a notarized written statement signed by the pregnant woman and her mother, father, or legal guardian declaring that the pregnant woman intends to seek an abortion and that her mother, father, or legal guardian consents to the abortion; or
(B)
In the case of a pregnant woman who is an incompetent person, a notarized written statement signed by the pregnant woman's guardian declaring that the guardian consents to the performance of an abortion upon the pregnant woman;
(4)
"Emancipated minor" means a person less than eighteen (18) years of age who is or has been married or who has been legally emancipated;
(5)
"Incompetent" means a person who has been adjudged a disabled person and has had a guardian appointed for her;
(6)
"Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman so as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;
(7)
"Minor" means an individual under eighteen (18) years of age;
(8)
"Parent" means:
(A)
Either parent of the pregnant woman if both parents are living;
(B)
One (1) parent of the pregnant woman if only one (1) is living or if the second parent cannot be located through reasonably diligent effort; or
(C)
The court-appointed guardian or custodian if the pregnant woman has one;
(9)
"Physician" means a person licensed to practice medicine in this state, including a medical doctor or a doctor of osteopathy; and
(10)
"Pregnant woman" means a pregnant minor or pregnant incompetent woman.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-804 - Notarized consent

Except as otherwise provided in §§
20-16-807
and
20-16-809
, a physician shall not perform an abortion upon an unempancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency unless the physician first obtains the written consent of either parent or the legal guardian or custodian.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-805 - Manner of consent

(a)
A physician shall not perform an abortion upon a pregnant woman unless:
(1)
In the case of a woman who is less than eighteen (18) years of age, he or she obtains the notarized written consent of both the pregnant woman and one (1) of her parents or her legal guardian; or
(2)
In the case of woman who is an incompetent person, the physician first obtains the notarized written consent of her legal guardian.
(b)
The notarized written consent shall include without limitation the following information:
(1)
The name and birthdate of the minor or incompetent woman;
(2)
The name of the parent or legal guardian;
(3)
A statement from the parent or legal guardian that he or she is aware that the minor or incompetent woman desires an abortion and that he or she does consent to the abortion; and
(4)
The date.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-806 - Proof of identification and relationship to pregnant woman

(a)
The physician who performs the abortion shall obtain from the parent or legal guardian entitled to consent:
(1)
Positive proof of identification in the form of a valid government-issued photo identification card; and
(2)
Written documentation that establishes that the parent or legal guardian is the lawful parent or legal guardian of the pregnant woman.
(b)
A photocopy of the proof of identification of the parent or legal guardian and the written documentation that establishes the relationship of the parent or legal guardian to the pregnant woman shall be kept in the medical file of the pregnant woman for five (5) years past the age of majority of the pregnant woman, but in no event less than seven (7) years.
(c)
The physician who performs the abortion after receiving parental consent under this subchapter shall execute for inclusion in the medical record of the pregnant woman an affidavit stating the following: "I, (Insert the name of physician who performed the abortion), certify that according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by both the pregnant woman and her parent or legal guardian as sufficient evidence of identity and relationship."
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-808 - Venue

The pregnant woman may petition a circuit court in the county in which she resides for a waiver of the consent requirement.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-811 - Penalty

(a)
The performance of an abortion in violation of this subchapter or failure to report under §
20-16-814
shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required.
(b)
This subchapter does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.
(c)
Failure to comply with this subchapter shall provide a basis for:
(1)
A civil action for compensatory and punitive damages which may include a medical malpractice action under §
16-114-201
et seq.;
(2)
Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year;
(3)
Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under §
16-62-102
; and
(4)
Injunction from future acts prohibited by this section.
Amended by Act 2019, No. 801,§ 5, eff. 7/24/2019.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-812 - Legislative intent

This subchapter is not intended to create and shall not be construed to create an affirmative right to legal abortion.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-813 - When consent is not required

A minor shall not be required to obtain consent under this subchapter if the guardianship or custody order has expired or is otherwise no longer in effect.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-814 - Additional information reported by abortion providers

(a)
In addition to other information reported by an abortion provider to the Department of Health, the following information shall be reported for each induced termination of pregnancy:
(1)
Whether parental consent was required;
(2)
Whether parental consent was obtained; and
(3)
Whether a judicial waiver was obtained.
(b)
The department shall revise its forms utilized by abortion providers to report an induced termination of pregnancy by including the reporting of information required by this section.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-815 - Construction

(a)
This subchapter does not create or recognize 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 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-816 - Right of intervention

The General Assembly, by joint resolution, may appoint one (1) or more of its members who sponsored or cosponsored this subchapter, as a matter of right and in his or her official capacity, to intervene to defend this law in any case in which its constitutionality is challenged.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 8 - PARENTAL INVOLVEMENT ENHANCEMENT ACT (§§ 20-16-801 — 20-16-817) › Section 20-16-817 - Effective date

This subchapter takes effect on January 1, 2016.
Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
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 9 - [Repealed] (§ 20-16-901) › Section 20-16-901 - et seq - [Repealed]

Repealed by Act 2015, No. 1086,§ 3, eff. 7/22/2015.
Acts 2001, No. 353, § 1.
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 10 - HUMAN CLONING (§§ 20-16-1001 — 20-16-1004) › Section 20-16-1001 - Definitions

As used in this subchapter:
(1)
"Asexual reproduction" means reproduction not initiated by the union of oocyte and sperm;
(2)
"Embryo" means an organism of the species Homo sapiens from the single cell stage to eight (8) weeks of development;
(3)
"Fetus" means an organism of the species Homo sapiens from eight (8) weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism;
(4)
"Human cloning" means human asexual reproduction, accomplished by introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism;
(5)
"Oocyte" means the human female germ cell, the egg; and
(6)
"Somatic cell" means a diploid cell, having a complete cell of chromosomes, obtained or derived from a living or deceased human body at any stage of development.
Acts 2003, No. 607, § 1.
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 10 - HUMAN CLONING (§§ 20-16-1001 — 20-16-1004) › Section 20-16-1002 - Prohibited acts - Penalties

(a)
It is unlawful for any person or entity, public or private, to intentionally or knowingly:
(1)
Perform or attempt to perform human cloning;
(2)
Participate in an attempt to perform human cloning;
(3)
Ship, transfer, or receive for any purpose an embryo produced by human cloning; or
(4)
Ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of human cloning.
(b)
A violation of subdivision (a)(1) of this section or a violation of subdivision (a)(2) of this section, or both, is a Class C felony.
(c)
A violation of subdivision (a)(3) of this section or a violation of subdivision (a)(4) of this section, or both, is a Class A misdemeanor.
(d)
(1)
In addition to any criminal penalty that may be levied, any person or entity that violates any provision of this section shall be subject to a fine of not less than two hundred fifty thousand dollars ($250,000) or two (2) times the amount of any pecuniary gain that is received by the person or entity, whichever is greater.
(2)
All fines collected shall be placed into the general revenues of the State of Arkansas.
Acts 2003, No. 607, § 1.
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 10 - HUMAN CLONING (§§ 20-16-1001 — 20-16-1004) › Section 20-16-1003 - Scientific research

(a)
This subchapter does not restrict areas of scientific research not specifically prohibited by this subchapter, including research into 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.
(b)
This subchapter does not apply to in vitro fertilization, the administration of fertility-enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant so long as that procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.
Acts 2003, No. 607, § 1.
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 10 - HUMAN CLONING (§§ 20-16-1001 — 20-16-1004) › Section 20-16-1004 - No right of action

This subchapter does not create a private right of action.
Acts 2003, No. 607, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1101 - Title

This subchapter shall be known and may be cited as the "Unborn Child Pain Awareness and Prevention Act".
Acts 2005, No. 1696, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1102 - Definitions

As used in this subchapter:
(1)
(A)
"Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a female known to be pregnant.
(B)
However, "abortion" does not include the termination of a pregnancy if the termination is intended to:
(i)
Increase the probability of a live birth;
(ii)
Preserve the life or health of the child after live birth; or
(iii)
Remove a dead fetus who died as the result of a spontaneous miscarriage;
(2)
"Attempt to perform 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 termination of a pregnancy in this state;
(3)
"Gestational age" means the age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman;
(4)
"Medical emergency" means any condition that on the basis of the physician's good-faith clinical judgment so complicates the medical condition of a pregnant female that:
(A)
The immediate abortion of her pregnancy is necessary to prevent her death; or
(B)
A delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female;
(5)
"Physician" means a person authorized or licensed to practice medicine under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., and a person authorized to practice osteopathy under §
17-91-101
et seq.;
(6)
"Probable gestational age" means the age that with reasonable probability in the judgment of a physician will be the gestational age of the unborn child at the time the abortion is planned to be performed; and
(7)
"Unborn child" means a member of the species Homo sapiens from fertilization until birth.
Acts 2005, No. 1696, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1103 - Unborn child pain awareness information

Except in the case of a medical emergency:
(1)
At least twenty-four (24) hours before an abortion is performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female by telephone or in person:
(A)
She has the right to review the printed materials described in §
20-16-1105
;
(B)
These materials are available on a state-sponsored website; and
(C)
What the website address is;
(2)
The physician or the physician's agent shall orally inform the pregnant female that:
(A)
The materials have been provided by the State of Arkansas; and
(B)
They contain information on pain in relation to the unborn child;
(3)
If the pregnant female chooses to view the materials other than on the website, the materials shall either:
(A)
Be given to her at least twenty-four (24) hours before the abortion; or
(B)
Mailed to her at least seventy-two (72) hours before the abortion by certified mail, restricted delivery to addressee, so that the postal employee may deliver the mail only to the pregnant female;
(4)
If provisions are made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her, the information required by this section may be provided by a tape recording;
(5)
The pregnant female shall certify in writing before the abortion that:
(A)
The information described in subdivision (1) of this section has been furnished to her; and
(B)
She has been informed of her opportunity to review the printed materials described in §
20-16-1105
; and
(6)
Before the abortion is performed, the physician who is to perform the abortion or the physician's agent shall:
(A)
Obtain a copy of the written certification required under subdivision (5) of this section; and
(B)
Retain it on file with the female's medical record for at least three (3) years following the date of receipt.
Acts 2005, No. 1696, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1104 - Unborn child pain prevention

(a)
Except in the case of a medical emergency, before an abortion is performed on an unborn child whose gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female:
(1)
Whether an anesthetic or analgesic would eliminate or alleviate organic pain to the unborn child that could be caused by the particular method of abortion to be employed; and
(2)
Of the particular medical risks associated with the particular anesthetic or analgesic.
(b)
After presenting the information required in subsection (a) of this section and with the consent of the pregnant female, the physician shall administer the anesthetic or analgesic.
Acts 2005, No. 1696, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1105 - Printed information

(a)
(1)
(A)
The Department of Health shall publish in English and in each language that is the primary language of two percent (2%) or more of the state's population printed materials with the following statement concerning unborn children of twenty (20) weeks gestational age or more:
"By twenty (20) weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by twenty (20) weeks gestation unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are twenty (20) weeks gestational age or more who undergo prenatal surgery."
(B)
The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the human fetus at the various gestational ages.
(2)
The department shall make the materials available on the department's website.
(3)
The materials referred to in subdivision (a)(1) of this section shall be printed in a typeface large enough to be clearly legible.
(b)
(1)
The department's website shall be maintained at a minimum resolution of seventy-two dots per inch (72 dpi).
(2)
All pictures appearing on the website shall be a minimum of two hundred by three hundred (200 X 300) pixels.
(3)
All letters on the website shall be presented in a minimum of 11-point type.
(4)
All information and pictures shall be accessible with an industry-standard browser that requires no additional plug-ins.
(c)
Upon request, the department shall make available to any person, facility, or hospital at no cost and in appropriate numbers the materials required under this section.
Acts 2005, No. 1696, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1106 - Requirements for department website

(a)
The Department of Health shall include on its website the information described in §
20-16-1105
.
(b)
No information regarding persons who use the website shall be collected or maintained.
(c)
The department shall monitor the website on a daily basis to prevent and correct tampering.
Acts 2005, No. 1696, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1107 - Procedure in case of medical emergency

If a medical emergency compels a physician to perform an abortion, the physician shall inform the pregnant female before the abortion is performed, if possible, of the medical indications supporting the physician's judgment that:
(1)
An abortion is necessary to prevent her death; or
(2)
A twenty-four-hour delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female.
Acts 2005, No. 1696, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1109 - Penalties

(a)
A person who knowingly or recklessly performs or attempts to perform a termination of a pregnancy in violation of this subchapter or who fails to report under §
20-16-1108
shall be subject to disciplinary action by the Arkansas State Medical Board and is guilty upon conviction of a Class A misdemeanor.
(b)
A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed.
(c)
A penalty or civil liability shall not be assessed for failure to comply with any provision of this subchapter unless the Department of Health has made the printed materials available at the time that the physician or the physician's agent is required to inform the woman of her right to review them.
Amended by Act 2019, No. 801,§ 6, eff. 7/24/2019.
Acts 2005, No. 1696, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1110 - Civil remedies

(a)
An action seeking actual and punitive damages may be brought against a person who performed an abortion in knowing or reckless violation of this subchapter by:
(1)
Any person upon whom the abortion was performed;
(2)
The father of the unborn child who was the subject of the abortion; or
(3)
A grandparent of the unborn child who was the subject of the abortion.
(b)
Any female upon whom an abortion has been attempted in violation of this subchapter may bring an action for actual and punitive damages against a person who attempted to perform the abortion in knowing or reckless violation of this subchapter.
(c)
(1)
If the Department of Health fails to issue the public report required under §
20-16-1108
, any group of ten (10) or more citizens of this state may seek an injunction in a court of competent jurisdiction against the Secretary of the Department of Health requiring that a complete report be issued within a period established by the court.
(2)
Failure of the secretary to obey an injunction issued under subdivision (c)(1) of this section is punishable as civil contempt.
(d)
(1)
If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall assess a reasonable attorney's fee in favor of the plaintiff against the defendant.
(2)
If judgment is rendered in favor of the defendant and if the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall assess a reasonable attorney's fee in favor of the defendant against the plaintiff.
Amended by Act 2019, No. 910,§ 5012, eff. 7/1/2019.
Acts 2005, No. 1696, § 1.
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 11 - UNBORN CHILD PAIN AWARENESS AND PREVENTION ACT (§§ 20-16-1101 — 20-16-1111) › Section 20-16-1111 - Protection of privacy in court proceedings

(a)
In every civil or criminal action brought under this subchapter in which any female upon whom an abortion has been performed or attempted has not given her consent to disclosure of her identity, the court shall determine whether the anonymity of the female shall be preserved from public disclosure.
(b)
(1)
The court, upon motion or sua sponte, shall make a ruling on preserving the anonymity of the female.
(2)
If the court determines that the female's anonymity should be preserved, that court shall:
(A)
Issue appropriate orders to the parties, witnesses, and counsel;
(B)
Direct the sealing of the record; and
(C)
Order the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the anonymity of the female.
(3)
Each order issued under subdivisions (b)(1) and (2) of this section shall be accompanied by specific written findings explaining:
(A)
Why the anonymity of the female should be preserved from public disclosure;
(B)
Why the order is essential to that end;
(C)
Why no reasonable less restrictive alternative exists; and
(D)
How the order is narrowly tailored to preserve the anonymity of the female.
(c)
In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone other than a public official who brings an action under §
20-16-1110(a)
shall do so under a pseudonym.
(d)
This section may not be construed to conceal the identity of the plaintiff or witnesses from the defendant.
Acts 2005, No. 1696, § 1.
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 12 - PARTIAL-BIRTH ABORTION BAN ACT (§§ 20-16-1201 — 20-16-1207) › Section 20-16-1201 - Title

This subchapter shall be known and may be cited as the "Partial-Birth Abortion Ban Act".
Acts 2009, No. 196, § 1.
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 12 - PARTIAL-BIRTH ABORTION BAN ACT (§§ 20-16-1201 — 20-16-1207) › Section 20-16-1202 - Definitions

As used in this subchapter:
(1)
"Partial-birth abortion" means an abortion in which the person performing the abortion:
(A)
Purposely vaginally delivers a living human fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the female or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the female, for the purpose of performing an overt act that the person knows will kill the partially delivered living human fetus; and
(B)
Performs the overt act, other than completion of delivery of a living human fetus, that kills the partially delivered living human fetus; and
(2)
(A)
"Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery in this state, or any other individual legally authorized by the state to perform abortions.
(B)
However, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions but who nevertheless directly performs a partial-birth abortion is subject to this subchapter.
Acts 2009, No. 196, § 1.
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 12 - PARTIAL-BIRTH ABORTION BAN ACT (§§ 20-16-1201 — 20-16-1207) › Section 20-16-1203 - Partial-birth abortions prohibited - Penalty - Exception

(a)
(1)
Any person who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a Class D felony.
(2)
This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(b)
A female upon whom a partial-birth abortion is performed shall not be prosecuted under this subchapter.
Acts 2009, No. 196, § 1.
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 12 - PARTIAL-BIRTH ABORTION BAN ACT (§§ 20-16-1201 — 20-16-1207) › Section 20-16-1204 - License suspension or revocation and fines

(a)
(1)
After proper notice and an opportunity to be heard, the Arkansas State Medical Board may assess a civil fine against a physician who violates this subchapter.
(2)
The civil fine shall not exceed:
(A)
Twenty-five thousand dollars ($25,000) for the first violation;
(B)
Fifty thousand dollars ($50,000) for the second violation;
(C)
One hundred thousand dollars ($100,000) for the third violation; and
(D)
For each subsequent violation, any amount over one hundred thousand dollars ($100,000) sufficient to deter future violations.
(b)
The board may suspend or revoke the physician's license in accordance with procedures established under §
17-95-410
.
(c)
(1)
All fines assessed and collected under this section shall be remitted to the Treasurer of State.
(2)
The Treasurer of State shall deposit the entire amount of any fines collected under this section into the State Treasury as general revenues.
(d)
The civil fine assessed under this section is in addition to the criminal penalty imposed under §
20-16-1203
.
Acts 2009, No. 196, § 1.
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 12 - PARTIAL-BIRTH ABORTION BAN ACT (§§ 20-16-1201 — 20-16-1207) › Section 20-16-1205 - Civil liability

(a)
The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus, may obtain appropriate relief in a civil action unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
(b)
Relief under subsection (a) of this section shall include:
(1)
Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and
(2)
Statutory damages equal to three (3) times the cost of the partial-birth abortion.
(c)
Damages shall not be assessed against the female upon whom a partial-birth abortion is performed.
Acts 2009, No. 196, § 1.
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 12 - PARTIAL-BIRTH ABORTION BAN ACT (§§ 20-16-1201 — 20-16-1207) › Section 20-16-1206 - Hearings before the Arkansas State Medical Board

(a)
A physician accused of a violation of this subchapter may seek a hearing before the Arkansas State Medical Board to determine whether the physician's conduct was necessary to save the life of the female under §
20-16-1203
.
(b)
Findings from a hearing held under subsection (a) of this section are admissible at the trial of the physician on the issue of whether the physician's conduct was necessary to save the life of the female under §
20-16-1203
.
(c)
Upon a motion of the physician, the circuit court shall delay the beginning of the trial for not more than ninety (90) days to permit a hearing under subsection (a) of this section to take place.
Acts 2009, No. 196, § 1.
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 12 - PARTIAL-BIRTH ABORTION BAN ACT (§§ 20-16-1201 — 20-16-1207) › Section 20-16-1207 - Provision for anonymity of female

(a)
In every proceeding or action under this subchapter, the circuit court shall rule whether the anonymity of any female upon whom a partial-birth abortion is performed should be preserved from public disclosure if the female does not give her consent to the disclosure.
(b)
(1)
Upon its own motion or upon motion by a party to the proceeding or action under this subchapter, the circuit court shall make a ruling concerning the anonymity of any female upon whom a partial-birth abortion is performed.
(2)
Upon determining that the anonymity should be preserved, the circuit court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the female's identity from public disclosure.
(3)
Each order under subdivision (b)(2) of this section shall be accompanied by a specific written finding explaining:
(A)
Why the anonymity of the female should be preserved from public disclosure;
(B)
Why the order is essential to that end;
(C)
How the order is narrowly tailored to serve that interest; and
(D)
Why no reasonable, less restrictive alternative exists.
(c)
In the absence of written consent of the female upon whom a partial-birth abortion has been performed, any person other than a public official who brings an action under this subchapter shall do so under a pseudonym.
(d)
This section shall not be construed to conceal the identity of the plaintiff or of a witness from the defendant.
Acts 2009, No. 196, § 1.
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 13 - ARKANSAS HUMAN HEARTBEAT PROTECTION ACT (§§ 20-16-1301 — 20-16-1307) › Section 20-16-1301 - Title

This subchapter shall be known and may be cited as the "Arkansas Human Heartbeat Protection Act".
Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.
See Act 2015, No. 1086, § 4.
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 13 - ARKANSAS HUMAN HEARTBEAT PROTECTION ACT (§§ 20-16-1301 — 20-16-1307) › Section 20-16-1302 - Definitions

As used in this subchapter:
(1)
"Contraceptive" means a device, drug, or chemical that prevents fertilization;
(2)
"Fetus" means the human offspring developing during pregnancy from the moment of fertilization and includes the embryonic stage of development;
(3)
"Heartbeat" means cardiac activity, the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac;
(4)
"Human individual" means an individual organism of the species Homo sapiens;
(5)
"Major bodily function" includes without limitation functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions;
(6)
"Medical emergency" means a condition in which an abortion is necessary:
(A)
To preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; or
(B)
Due to the existence of a highly lethal fetal disorder as defined by the Arkansas State Medical Board;
(7)
"Pregnancy" means the human female reproductive condition that begins with fertilization when the female is carrying the developing human offspring and is calculated from the first day of the last menstrual period of the human female; and
(8)
"Viability" means a medical condition that begins with a detectible fetal heartbeat.
Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.
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 13 - ARKANSAS HUMAN HEARTBEAT PROTECTION ACT (§§ 20-16-1301 — 20-16-1307) › Section 20-16-1303 - Testing for heartbeat

(a)
A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat.
(b)
(1)
A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual according to standard medical practice, including the use of medical devices as determined by standard medical practice.
(2)
Tests performed under subdivision (b)(1) of this section shall be approved by the Arkansas State Medical Board.
(c)
The Arkansas State Medical Board shall adopt rules:
(1)
(A)
Based on standard medical practice for testing for the fetal heartbeat of an unborn human individual.
(B)
Rules adopted under this subsection shall specify that a test for fetal heartbeat is not required in the case of a medical emergency; and
(2)
To define, based on available medical evidence, the statistical probability of bringing an unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat.
(d)
If a fetal heartbeat is detected during the test required under this section, the person performing the test shall inform the pregnant woman in writing:
(1)
That the unborn human individual that the pregnant woman is carrying possesses a heartbeat;
(2)
Of the statistical probability of bringing the unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat; and
(3)
An abortion is prohibited under §
20-16-1304
.
(e)
If a heartbeat has been detected, the pregnant woman shall sign a form acknowledging that she has received the information required under subsection (d) of this section.
Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.
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 13 - ARKANSAS HUMAN HEARTBEAT PROTECTION ACT (§§ 20-16-1301 — 20-16-1307) › Section 20-16-1304 - Prohibitions

(a)
A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human individual whose heartbeat has been detected under §
20-16-1303
and is twelve (12) weeks or greater gestation.
(b)
A violation of this section as determined by the Arkansas State Medical Board shall result in the revocation of the medical license of the person authorized to perform abortions under Arkansas law.
Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.