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 13 - ARKANSAS HUMAN HEARTBEAT PROTECTION ACT (§§ 20-16-1301 — 20-16-1307) › Section 20-16-1305 - Exemptions - Medical personnel

(a)
A person does not violate this subchapter if the person:
(1)
Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman;
(2)
(A)
Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and
(B)
The examination does not reveal a heartbeat; or
(3)
Has been informed by a medical professional who has undertaken the examination for fetal heartbeat that the examination did not reveal a fetal heartbeat.
(b)
This subchapter does not apply to:
(1)
An abortion performed to save the life of the mother;
(2)
(A)
A pregnancy that results from 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.
(B)
The physician or abortion facility shall:
(i)
File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and
(ii)
Report to the Department of Health the number of abortions performed because of rape or incest; or
(3)
A medical emergency.
Amended by Act 2021, No. 787,§ 4, eff. 7/28/2021.
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 20-16-1306 - Exemptions

This subchapter does not:
(1)
Subject a pregnant female on whom an abortion is performed or attempted to be performed to any criminal prosecution or civil penalty; or
(2)
Prohibit the sale, use, prescription, or administration of a measure, drug, or chemical designed for contraceptive purposes.
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 20-16-1307 - Tolling of effective date

If a state or federal court of competent jurisdiction voids a provision of this subchapter as unconstitutional, the effective date of that provision shall be tolled until that provision has been upheld as valid by an appellate tribunal.
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 14 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT (§§ 20-16-1401 — 20-16-1410) › Section 20-16-1401 - Title

This subchapter shall be known and may be cited as the "Pain-Capable Unborn Child Protection Act".
Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
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 14 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT (§§ 20-16-1401 — 20-16-1410) › Section 20-16-1402 - Definitions

As used in this subchapter:
(1)
"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device:
(A)
To terminate the pregnancy of a woman known to be pregnant with an intention other than 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 unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and
(B)
Which causes the premature termination of the 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)
"Fertilization" means the fusion of a human spermatozoon with a human ovum;
(4)
(A)
"Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy:
(i)
Without first determining post-fertilization age to avert the death of the pregnant woman; or
(ii)
For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.
(B)
"Medical emergency" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;
(5)
"Physician" means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state;
(6)
"Post-fertilization age" means the age of the unborn child as calculated from the fertilization of the human ovum;
(7)
"Probable post-fertilization age of the unborn child" means what, in reasonable medical judgment, will, with reasonable probability, be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced;
(8)
"Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;
(9)
"Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth; and
(10)
"Woman" means a female human being whether or not she has reached the age of majority.
Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
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 14 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT (§§ 20-16-1401 — 20-16-1410) › Section 20-16-1404 - Determination of post-fertilization age

(a)
(1)
Except in the case of a medical emergency, an abortion shall not be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made by another physician.
(2)
In making such a determination under subdivision (a)(1) of this section, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to accurately diagnose the probable post-fertilization age of the unborn child.
(b)
Any physician who purposely, knowingly, or recklessly fails to conform to any requirement of this section engages in unprofessional conduct under §
17-95-409(a)(2)(D)
.
Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
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 14 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT (§§ 20-16-1401 — 20-16-1410) › Section 20-16-1407 - Criminal penalties

(a)
A person who purposely, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this subchapter is guilty of a Class D felony.
(b)
A penalty may not be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.
Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
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 14 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT (§§ 20-16-1401 — 20-16-1410) › Section 20-16-1408 - Civil remedies

(a)
(1)
A woman upon whom an abortion has been performed in violation of this subchapter or the father of the unborn child who was the subject of an abortion in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed or induced the abortion in violation of this subchapter for actual and punitive damages.
(2)
A woman upon whom an abortion has been attempted in violation of this subchapter may bring an action against the person who attempted purposely, knowingly, or recklessly to perform or induce the abortion in violation of this subchapter for actual and punitive damages.
(b)
(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)
The woman upon whom an abortion was performed or induced or attempted to be performed or induced in violation of this subchapter;
(B)
A person who is the spouse, parent, sibling, or guardian of or a current or former licensed healthcare provider of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced in violation of this subchapter;
(C)
A prosecuting attorney with appropriate jurisdiction; or
(D)
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.
(c)
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.
(d)
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 a reasonable attorney's fee in favor of the defendant against the plaintiff.
(e)
Damages or attorney's fee 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 2013, No. 171,§ 1, eff. 2/28/2013.
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 14 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT (§§ 20-16-1401 — 20-16-1410) › Section 20-16-1409 - Protection of privacy in court proceedings

(a)
In every civil or criminal proceeding or action brought under this subchapter, the court shall rule whether the anonymity of a woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to the disclosure.
(b)
The court, upon motion or sua sponte, shall make a ruling under subsection (a) of this section and, upon determining that the woman's anonymity should be preserved, 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 woman's identity from public disclosure.
(c)
Each order under subsection (b) of this section shall be accompanied by specific written findings explaining:
(1)
Why the anonymity of the woman should be preserved from public disclosure;
(2)
Why the order is essential to that end;
(3)
How the order is narrowly tailored to serve that interest; and
(4)
Why no reasonable less restrictive alternative could be fashioned.
(d)
In the absence of written consent of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced, anyone other than a public official who brings an action under §
20-16-1408
shall do so under a pseudonym.
(e)
This section is not intended to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
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 14 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT (§§ 20-16-1401 — 20-16-1410) › Section 20-16-1410 - Construction

(a)
Since it is the intent of the state to assert two (2) separate and independent compelling state interests, those in protecting the lives of viable unborn children and protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain, this subchapter does not repeal by implication or otherwise §
20-16-705
.
(b)
This subchapter does not repeal by implication or otherwise any other provision of this chapter.
Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
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 15 - ABORTION-INDUCING DRUGS SAFETY ACT (§§ 20-16-1501 — 20-16-1510) › Section 20-16-1501 - Title

This subchapter may be known and cited as the "Abortion-Inducing Drugs Safety Act".
Added by Act 2015, No. 577,§ 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 15 - ABORTION-INDUCING DRUGS SAFETY ACT (§§ 20-16-1501 — 20-16-1510) › Section 20-16-1503 - 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 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;
(iii)
Remove an ectopic pregnancy; or
(iv)
Treat a maternal disease or illness for which the prescribed drug is indicated;
(2)
(A)
"Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child.
(B)
"Abortion-inducing drugs" includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate.
(C)
This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs.
(D)
Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion;
(3)
"Adverse event" means an undesirable experience associated with the use of a medical product in a patient, including without limitation an event that causes:
(A)
Death;
(B)
Threat to life;
(C)
Hospitalization;
(D)
Disability or permanent damage;
(E)
Congenital anomaly or birth defect, or both;
(F)
Required intervention to prevent permanent impairment or damage; or
(G)
Other serious important medical events, including without limitation:
(i)
Allergic bronchospasm requiring treatment in an emergency room;
(ii)
Serious blood dyscrasias;
(iii)
Seizures or convulsions that do not result in hospitalization; and
(iv)
The development of drug dependence or drug abuse;
(4)
"Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period;
(5)
"Physician" means any person licensed to practice medicine in this state, including medical doctors and doctors of osteopathy; and
(6)
"Unborn child" means the offspring of human beings from conception until birth.
Amended by Act 2021, No. 562,§ 1, eff. 7/28/2021.
Added by Act 2015, No. 577,§ 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 15 - ABORTION-INDUCING DRUGS SAFETY ACT (§§ 20-16-1501 — 20-16-1510) › Section 20-16-1504 - Unlawful distribution of abortion-inducing drug

(a)
Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician following procedures set out in this subchapter.
(b)
It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service.
(c)
Before providing an abortion-inducing drug, the physician prescribing, administering, dispensing, or otherwise providing the abortion-inducing drug shall:
(1)
Examine the pregnant woman in person;
(2)
Independently verify that an intrauterine pregnancy exists;
(3)
(A)
Determine the woman's blood type.
(B)
If the pregnant woman is Rh negative, the physician shall be able to and offer to administer RhoGAM at the time of the abortion; and
(4)
Document in the pregnant woman's medical chart or record the gestational age and intrauterine location of the pregnancy and whether the pregnant woman received treatment for Rh negativity.
(d)
A physician prescribing, administering, dispensing, or otherwise providing an abortion-inducing drug shall be credentialed and competent to handle abortion complication management, including emergency transfer, or have a signed agreement with an associated physician who is credentialed to handle abortion complications.
(e)
When a signed agreement exists between an associated physician, every pregnant woman to whom a physician prescribes, administers, dispenses, or otherwise provides an abortion-inducing drug shall be given the name and telephone number of the associated physician.
(f)
The physician prescribing, administering, dispensing, or otherwise providing an abortion-inducing drug or an agent of the physician shall schedule a follow-up visit for the woman at approximately seven (7) to fourteen (14) days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding.
(g)
The physician or an agent of the physician shall make all reasonable efforts to ensure that the woman returns for the scheduled follow-up appointment.
(h)
A brief description of all efforts made to comply with subsections (f) and (g) of this section, including the date, time, and identification by name of the person making such efforts, shall be included in the woman's medical chart or record.
Amended by Act 2021, No. 562,§ 1, eff. 7/28/2021.
Added by Act 2015, No. 577,§ 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 15 - ABORTION-INDUCING DRUGS SAFETY ACT (§§ 20-16-1501 — 20-16-1510) › Section 20-16-1505 - Reporting

(a)
If a physician provides an abortion-inducing drug to another for the purpose of inducing an abortion as authorized in §
20-16-1504
and if the physician knows that the woman who uses the abortion-inducing drug for the purpose of inducing an abortion experiences an adverse event, the physician shall provide a written report of the adverse event within three (3) days of the event to the United States Food and Drug Administration via the MedWatch program reporting system and to the Arkansas State Medical Board.
(b)
(1)
The board shall compile and retain all reports it receives under this section.
(2)
(A)
All reports received by the board are public records open to inspection under the Freedom of Information Act of 1967, §
25-19-101
et seq.
(B)
The board shall not release to any person or entity the name or any other personal identifying information regarding a person who:
(i)
Uses an abortion-inducing drug to induce an abortion; and
(ii)
Is the subject of a report received by the board under this section.
Added by Act 2015, No. 577,§ 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 15 - ABORTION-INDUCING DRUGS SAFETY ACT (§§ 20-16-1501 — 20-16-1510) › Section 20-16-1506 - Criminal penalties

(a)
A person who intentionally, knowingly, or recklessly violates a provision of this subchapter is guilty of a Class A misdemeanor.
(b)
A criminal penalty may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed.
Added by Act 2015, No. 577,§ 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 15 - ABORTION-INDUCING DRUGS SAFETY ACT (§§ 20-16-1501 — 20-16-1510) › Section 20-16-1507 - Civil remedies and professional sanctions

(a)
In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for:
(1)
A civil malpractice action for actual and punitive damages;
(2)
A professional disciplinary action under §
16-114-201
et seq.; and
(3)
Recovery for the woman's survivors for the wrongful death of the woman under §
16-62-102
.
(b)
A civil liability may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed.
(c)
When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the drug-induced abortion was performed.
(d)
If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
(e)
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 also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.
(f)
Upon a finding of the Arkansas State Medical Board that a physician failed to comply with the requirements of this subchapter, the board shall revoke the physician's medical license.
Amended by Act 2023, No. 702,§ 1, eff. 8/1/2023.
Added by Act 2015, No. 577,§ 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 15 - ABORTION-INDUCING DRUGS SAFETY ACT (§§ 20-16-1501 — 20-16-1510) › Section 20-16-1508 - 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. 577,§ 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 15 - ABORTION-INDUCING DRUGS SAFETY ACT (§§ 20-16-1501 — 20-16-1510) › Section 20-16-1509 - 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 2015, No. 577,§ 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 15 - ABORTION-INDUCING DRUGS SAFETY ACT (§§ 20-16-1501 — 20-16-1510) › Section 20-16-1510 - Effective date

This subchapter takes effect on January 1, 2016.
Added by Act 2015, No. 577,§ 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 16 - ADVANCING WOMEN'S HEALTH ACT OF 2015 (§§ 20-16-1601 — 20-16-1603) › Section 20-16-1601 - Definitions

As used in this subchapter:
(1)
(A)
"Abortion" means the act of using or prescribing an instrument, medicine, drug, device, or another substance 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 of the mother;
(ii)
Save the life or preserve the health of the unborn child;
(iii)
Remove a dead unborn child caused by spontaneous abortion; or
(iv)
Remove an ectopic pregnancy;
(2)
"Abortion referral" means the act of recommending a pregnant woman to a doctor, clinic, or other person or entity for the purpose of obtaining or learning about obtaining an abortion;
(3)
"Affiliate" means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another person or entity, in whole or in part, or a subsidiary, parent, or sibling entity;
(4)
"Pregnancy" means the female reproductive condition of having an unborn child in the woman's uterus; and
(5)
"Unborn child" means the offspring of human beings from fertilization until birth.
Added by Act 2015, No. 996,§ 2, eff. 7/22/2015.
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 16 - ADVANCING WOMEN'S HEALTH ACT OF 2015 (§§ 20-16-1601 — 20-16-1603) › Section 20-16-1602 - Awarding of public funds to entities that perform abortions prohibited

(a)
An agency or instrumentality of the state shall not award a grant to pay the direct or indirect costs of performing, inducing, referring, or counseling in favor of abortions, including without limitation:
(1)
Administrative costs and expenses;
(2)
Overhead costs;
(3)
Employee salaries;
(4)
Rent and mortgage payments; and
(5)
Telephone and other utility payments.
(b)
An agency or instrumentality of the state shall not grant, appropriate, or distribute a grant to an individual or entity that:
(1)
Performs abortions, induces abortions, provides abortion referrals, or counsels in favor of elective abortions; or
(2)
Is an affiliate of a person or entity that performs abortions, induces abortions, provides abortion referrals, or counsels in favor of elective abortions.
Added by Act 2015, No. 996,§ 2, eff. 7/22/2015.
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 16 - ADVANCING WOMEN'S HEALTH ACT OF 2015 (§§ 20-16-1601 — 20-16-1603) › Section 20-16-1603 - Construction

(a)
(1)
This subchapter does not affect the funding of a hospital, medical school, or university.
(2)
The restrictions under §
20-16-1602
apply to funding available through the Arkansas Medicaid Program.
(b)
This subchapter does not create or recognize:
(1)
A right to an abortion; or
(2)
A right to public funds, a contract, or a grant.
Amended by Act 2021, No. 358,§ 1, eff. 7/28/2021.
Added by Act 2015, No. 996,§ 2, eff. 7/22/2015.
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 17 - WOMAN'S RIGHT-TO-KNOW ACT (§§ 20-16-1701 — 20-16-1711) › Section 20-16-1701 - Title

This subchapter shall be known and may be cited as the "Woman's Right-to-Know Act".
Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
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 17 - WOMAN'S RIGHT-TO-KNOW ACT (§§ 20-16-1701 — 20-16-1711) › Section 20-16-1705 - Prevention of forced abortion - Signage in abortion facilities

(a)
(1)
A licensed facility where abortions are performed shall post a sign conspicuously in a location defined in subsection (b) of this section that is clearly visible to all individuals who enter and that features the text contained in subdivision (a)(2) of this section.
(2)
The sign shall display the following text:
"It is against the law for anyone, regardless of his or her relationship to you, to force you to have an abortion. You have the right to contact any local or state law enforcement or any social service agency to receive protection from any actual or threatened physical, emotional, or psychological abuse. It is against the law to perform, induce, prescribe for, or provide you with the means for an abortion without your voluntary consent."
(b)
The sign shall be posted in each waiting room, patient consultation room, and procedure room used by patients for whom abortions are performed, induced, prescribed or for whom the means for an abortion are provided.
(c)
The continued posting of signage shall be a condition of licensure of any facility that performs or induces abortions.
(d)
The display of signage does not discharge the duty of a facility to have a physician orally inform a pregnant woman of information and materials contained in §
20-16-1703
.
(e)
(1)
The Department of Health shall provide all signs required by this section to the licensed abortion facility.
(2)
The department may require that a licensed abortion facility reimburse the department for any costs associated with the sign or signs.
Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
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 17 - WOMAN'S RIGHT-TO-KNOW ACT (§§ 20-16-1701 — 20-16-1711) › Section 20-16-1706 - Medical emergencies

When a medical emergency compels the performance of an abortion, the physician shall inform the woman before the abortion, if possible, of the medical indications supporting the physician's judgment that an immediate abortion is necessary to avert her death or that a seventy-two-hour delay will cause substantial and irreversible impairment of a major bodily function.
Amended by Act 2019, No. 801,§ 12, eff. 7/24/2019.
Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
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 17 - WOMAN'S RIGHT-TO-KNOW ACT (§§ 20-16-1701 — 20-16-1711) › Section 20-16-1707 - Rules - Collection and reporting of information

(a)
The Department of Health shall develop and promulgate rules regarding reporting requirements.
(b)
(1)
The Arkansas Center for Health Statistics shall ensure that all information collected by the center regarding abortions performed in this state shall be available to the public in printed form and on a twenty-four-hour basis on the center's website.
(2)
In no case shall the privacy of a patient or doctor be compromised.
(c)
The information collected by the center regarding abortions performed in this state shall be continually updated.
(d)
(1)
(A)
By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year.
(B)
Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline.
(2)
The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who received information or materials in accordance with §
20-16-1703
.
Amended by Act 2019, No. 315,§ 1951, eff. 7/24/2019.
Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
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 17 - WOMAN'S RIGHT-TO-KNOW ACT (§§ 20-16-1701 — 20-16-1711) › Section 20-16-1708 - Rules

(a)
(1)
The Department of Health shall adopt rules to implement this subchapter.
(2)
The department may add by rule additional examples of complications to supplement those in §
20-16-1703
.
(b)
The Arkansas State Medical Board shall promulgate rules to ensure that physicians who perform abortions, referring physicians, or agents of either physician comply with all the requirements of this subchapter.
Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
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 17 - WOMAN'S RIGHT-TO-KNOW ACT (§§ 20-16-1701 — 20-16-1711) › Section 20-16-1709 - Criminal penalty

A person who intentionally, knowingly, or recklessly violates this subchapter commits a Class A misdemeanor.
Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
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 17 - WOMAN'S RIGHT-TO-KNOW ACT (§§ 20-16-1701 — 20-16-1711) › Section 20-16-1710 - Civil penalties

(a)
In addition to any remedies available under the common law or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for a:
(1)
Civil malpractice action for actual and punitive damages; and
(2)
Professional disciplinary action under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.
(b)
A civil liability shall not be assessed against the woman upon whom the abortion is performed.
(c)
When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close the proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed or attempted.
(d)
If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
(e)
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 also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.
Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
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 17 - WOMAN'S RIGHT-TO-KNOW ACT (§§ 20-16-1701 — 20-16-1711) › Section 20-16-1711 - Construction

(a)
This subchapter does not create or recognize a right to abortion.
(b)
This subchapter is not intended to make lawful an abortion that is currently unlawful.
Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
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 18 - ARKANSAS UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT (§§ 20-16-1801 — 20-16-1807) › Section 20-16-1801 - Title

This subchapter shall be known and may be cited as the "Arkansas Unborn Child Protection from Dismemberment Abortion Act".
Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
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 18 - ARKANSAS UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT (§§ 20-16-1801 — 20-16-1807) › Section 20-16-1803 - Ban on dismemberment abortion

(a)
A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman.
(b)
(1)
A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman.
(2)
The findings of the board are admissible in any court proceedings under this subchapter.
(3)
Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section.
(c)
The following individuals are excluded from liability under this subchapter:
(1)
A woman who receives or attempts to receive a dismemberment abortion;
(2)
A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and
(3)
A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician.
(d)
(1)
This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest when documentation is presented that states that the crime has been reported to law enforcement.
(2)
The physician or abortion facility shall:
(A)
File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and
(B)
Report to the Department of Health the number of abortions performed because of rape or incest.
Amended by Act 2021, No. 787,§ 6, eff. 7/28/2021.
Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
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 18 - ARKANSAS UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT (§§ 20-16-1801 — 20-16-1807) › Section 20-16-1804 - Civil remedies - Attorney's fees

(a)
(1)
A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by:
(A)
The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter;
(B)
A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or
(C)
A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter.
(2)
The injunction shall prevent the abortion provider from performing or attempting to perform further dismemberment abortions in violation of this subchapter.
(b)
(1)
A cause of action for civil damages against a person who has purposely violated this subchapter may be maintained by:
(A)
The woman who receives a dismemberment abortion in violation of this subchapter;
(B)
The father of the unborn child, if the father is married to the woman at the time the dismemberment abortion was performed in violation of this subchapter; or
(C)
If the woman who received a dismemberment abortion in violation of this subchapter is a minor or has died as a result of the dismemberment abortion, the parents or legal guardians of the woman who received a dismemberment abortion in violation of this subchapter.
(2)
Civil damages shall not be awarded to a plaintiff if the pregnancy resulted from the criminal conduct of the plaintiff.
(3)
Civil damages shall include:
(A)
Monetary damages for psychological injuries and physical injuries associated with the dismemberment abortion; and
(B)
Statutory damages equal to three (3) times the cost of the dismemberment abortion.
(c)
(1)
If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
(2)
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 also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.
(3)
A reasonable attorney's fee shall not be assessed against the woman who received a dismemberment abortion.
Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
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 18 - ARKANSAS UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT (§§ 20-16-1801 — 20-16-1807) › Section 20-16-1805 - Criminal penalty

A person who violates §
20-16-1803(a)
commits a Class D felony.
Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
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 18 - ARKANSAS UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT (§§ 20-16-1801 — 20-16-1807) › Section 20-16-1806 - Protection of privacy in court proceedings

(a)
In a civil proceeding or action brought under this subchapter, the court shall determine whether the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved from public disclosure without her written consent.
(b)
(1)
Upon determining that the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved, the court shall issue an order 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 from public disclosure the identity of the woman who received or attempted to receive a dismemberment abortion.
(2)
An order under subdivision (b)(1) of this section shall be accompanied by specific written findings explaining:
(A)
Why the anonymity of the woman who received or attempted to receive a dismemberment abortion 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 end; and
(D)
Why no reasonable, less restrictive alternative exists.
(3)
In the absence of written consent of the woman who received or attempted to receive a dismemberment abortion, anyone other than a public official who brings an action under §
20-16-1804
shall bring the action under a pseudonym.
(4)
This subsection does not conceal from the defendant the identity of the plaintiff or of a witness.
Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
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 18 - ARKANSAS UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT (§§ 20-16-1801 — 20-16-1807) › Section 20-16-1807 - 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 2017, No. 45,§ 1, eff. 8/1/2017.
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 20-16-1901 - Title

This subchapter shall be known and may be cited as the "Sex Discrimination by Abortion Prohibition Act".
Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.