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 25 - INFORMED CONSENT FOR CHEMICAL ABORTION ACT (§§ 20-16-2501 — 20-16-2509) › Section 20-16-2504 - Individual reporting - Aggregate reporting

(a)
(1)
A healthcare provider or healthcare facility shall submit an individual reporting form to the Department of Health within fifteen (15) days after each month's end.
(2)
The healthcare provider shall sign each individual reporting form.
(b)
(1)
A report submitted as described in subsection (a) of this section is not a public record and shall remain confidential except that a disclosure may be made to law enforcement officials upon an order of a court after an application showing good cause.
(2)
The court may condition disclosure of information upon any appropriate safeguards the court may impose.
(c)
The department shall prepare an individual reporting form, which shall include the following information:
(1)
The date of the chemical abortion;
(2)
The specific chemical abortion regimen used;
(3)
The probable gestational age of the unborn child;
(4)
The age of the pregnant woman at the time the chemical abortion was performed or induced;
(5)
The pregnant woman's state and county of residence;
(6)
Whether, before seeking a chemical abortion, the pregnant woman received any other verbal or written counseling related to potential risks or complications and alternatives to a chemical abortion;
(7)
The specific reason for the chemical abortion, including without limitation:
(A)
The pregnancy is the result of rape or incest;
(B)
Economic reasons;
(C)
The pregnant woman does not want a pregnancy or child at this time;
(D)
The pregnant woman's physical health is endangered, specifically identifying the reason her physical health is endangered, including any preexisting condition;
(E)
The pregnant woman's psychological, mental, or emotional health is endangered, specifically identifying the reason her psychological, mental, or emotional health is endangered, including any preexisting condition;
(F)
The pregnant woman will suffer substantial and irreversible impairment of a major bodily function if the pregnancy continues, specifically identifying the potential impairment;
(G)
The diagnosis, presence, or presumed presence of a genetic anomaly, specifically identifying the anomaly; or
(H)
Refusal of the pregnant woman to answer;
(8)
The number of prior pregnancies, live births, induced abortions, and spontaneous abortions of the pregnant woman;
(9)
Whether the chemical abortion was paid for by:
(A)
Private health coverage;
(B)
Public assistance health coverage; or
(C)
Self-pay; and
(10)
Complications, if any and whenever known, from the chemical abortion.
(d)
(1)
A healthcare facility in which a chemical abortion is performed during any quarter year shall file with the department a report showing the total number of chemical abortions performed in the facility during that quarter year.
(2)
The aggregate report shall include the total number of chemical abortions performed in each trimester of pregnancy.
(3)
The department shall prepare an aggregate reporting form.
(e)
The reporting forms under this section shall not contain:
(1)
The name of the pregnant woman;
(2)
Common identifiers of the pregnant woman, including her Social Security number or her driver's license number; or
(3)
Any other information that would make it possible to identify the pregnant woman.
(f)
(1)
The department shall report comprehensive annual statistical data based upon data gathered from the reports under this section to the General Assembly.
(2)
The annual report shall not disclose or lead to the disclosure of the identity of any healthcare provider or person filing a report under this section or of any woman who is the subject of a report.
(3)
The annual report shall be made available to the public in a downloadable format on the department's website.
(g)
(1)
The department shall summarize the data collected from the reports required by this section and submit the summary to the Centers for Medicare & Medicaid Services.
(2)
The summary shall be made available to the public in a downloadable format on the department's website.
(h)
This section does not preclude the voluntary or required submission of other reports or forms regarding chemical abortion.
Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.