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 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 24 - MATERNAL AND PERINATAL OUTCOMES QUALITY REVIEW COMMITTEE (§§ 20-15-2401 — 20-15-2407) › Section 20-15-2404 - Confidentiality

(a)
(1)
Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person.
(2)
Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal and Perinatal Outcomes Quality Review Committee of the case to which they relate.
(3)
A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project.
(b)
All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department under this subchapter are confidential.
(c)
(1)
All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967, §
25-19-101
et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.
(2)
However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings.
(d)
(1)
Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee.
(2)
This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.
Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 24 - MATERNAL AND PERINATAL OUTCOMES QUALITY REVIEW COMMITTEE (§§ 20-15-2401 — 20-15-2407) › Section 20-15-2405 - Disclosure

Disclosure of protected health information is allowed for public health, safety, and law enforcement purposes and providing case information on maternal deaths for review by the Maternal and Perinatal Outcomes Quality Review Committee is not a violation of the Health Insurance Portability and Accountability Act of 1996.
Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 24 - MATERNAL AND PERINATAL OUTCOMES QUALITY REVIEW COMMITTEE (§§ 20-15-2401 — 20-15-2407) › Section 20-15-2406 - Immunity from liability

State, local, or regional members of the Maternal and Perinatal Outcomes Quality Review Committee are immune from civil and criminal liability in connection with their good faith participation in a maternal death review and all activities related to a review with the committee.
Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 15 - DISEASE AND DISEASE PREVENTION GENERALLY (§§ 20-15-101 — 20-15-2407) › Subchapter 24 - MATERNAL AND PERINATAL OUTCOMES QUALITY REVIEW COMMITTEE (§§ 20-15-2401 — 20-15-2407) › Section 20-15-2407 - Reporting

(a)
Beginning in 2020, the Maternal and Perinatal Outcomes Quality Review Committee shall file a written report on maternal and perinatal outcomes and its recommendations on or before December 31 of each year to:
(1)
The Senate Committee on Public Health, Welfare, and Labor;
(2)
The House Committee on Public Health, Welfare, and Labor; and
(3)
The Legislative Council.
(b)
The report shall include:
(1)
The findings and recommendations of the Maternal and Perinatal Outcomes Quality Review Committee; and
(2)
An analysis of factual information obtained from the review of the birth outcome data and local or regional review panels that do not violate the confidentiality provisions under this subchapter.
(c)
The report shall include only aggregate data and shall not identify a particular facility or provider.
Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-16-101 — 20-16-102) › Section 20-16-101 - [Repealed]

Repealed by Act 2019, No. 910,§ 5009, eff. 7/1/2019.
Acts 1989, No. 99 (1st Ex. Sess.), § 35.
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 1 - GENERAL PROVISIONS (§§ 20-16-101 — 20-16-102) › Section 20-16-102 - Authorization to distribute organ and tissue donation information for a fatal fetal diagnosis

(a)
A physician may distribute information regarding organ and tissue donation to a pregnant woman when the unborn fetus is diagnosed with a fatal fetal condition which will result in death within three (3) months of birth.
(b)
The information shall include:
(1)
The telephone number, address, and website information for the Arkansas Regional Organ Recovery Agency, Inc.; and
(2)
The steps in the process of organ and tissue donation.
(c)
The physician shall document in writing that the information has been distributed to the pregnant woman.
Added by Act 2015, No. 823,§ 1, 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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-201 - Establishment - Purpose

(a)
The Arkansas Reproductive Health Monitoring System is established and is to be administered within Arkansas Children's Hospital.
(b)
The purpose of the system is to collect and analyze data from a number of sources to describe trends in the occurrence of reproductive endpoints, including without limitation congenital anomalies, fetal deaths, stillbirths, and premature births, and to investigate the causes of unexpected reproductive endpoints.
Amended by Act 2015, No. 1062,§ 1, eff. 7/22/2015.
Acts 1985, No. 214, § 1; A.S.A. 1947, § 82-4608.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-202 - Definition

As used in this subchapter, "commission" means the advisory commission established in §
20-16-203
.
Amended by Act 2015, No. 1062,§ 1, eff. 7/22/2015.
Acts 1985, No. 214, § 3; A.S.A. 1947, § 82-4610.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-203 - Advisory commission - Members - Functions

(a)
The Arkansas Reproductive Health Monitoring System shall be administered with the advice of an advisory commission appointed to one-year renewable terms by the Medical Director of the Arkansas Reproductive Health Monitoring System.
(b)
The functions of the commission are to:
(1)
Advise the Medical Director of the Arkansas Reproductive Health Monitoring System as to the adequacy of policies, procedures, and performance of the system;
(2)
Promote the purposes of the system and assist in identification of appropriate funding sources;
(3)
Promote interagency cooperation toward the goals of the system; and
(4)
Review mechanisms ensuring the maintenance of the confidentiality of personal data.
(c)
The commission shall be composed of the following state agency members, professional members, and public members:
(1)
The Medical Director of Arkansas Children's Hospital;
(2)
The Chancellor of the University of Arkansas for Medical Sciences;
(3)
The Secretary of the Department of Health;
(4)
The Director of the National Center for Toxicological Research;
(5)
One (1) representative of the Arkansas Chapter, American Academy of Pediatrics;
(6)
One (1) representative of the Arkansas Society for Obstetrics and Gynecology;
(7)
One (1) representative of the Arkansas Hospital Association, Inc.;
(8)
Two (2) consumer representatives;
(9)
One (1) member from the House Committee on Public Health, Welfare, and Labor and one (1) member from the Senate Committee on Public Health, Welfare, and Labor; and
(10)
Up to six (6) additional members at large may be appointed.
(d)
Members of the commission who are not employees of the state may receive expense reimbursement in accordance with §
25-16-901
et seq.
Amended by Act 2019, No. 910,§ 5010, eff. 7/1/2019.
Amended by Act 2015, No. 1062,§ 1, eff. 7/22/2015.
Acts 1985, No. 214, §§ 4, 11; A.S.A. 1947, §§ 82-4611, 82-4618; Acts 1997, No. 250, § 188; 1999, No. 1164, § 173.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-204 - [Repealed]

Repealed by Act 2015, No. 1062,§ 2, eff. 7/22/2015.
Acts 1985, No. 214, §§ 5, 11; A.S.A. 1947, §§ 82-4612, 82-4618; Acts 1997, No. 250, § 189.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-205 - Medical director - Appointment - Powers and duties

(a)
The Arkansas Reproductive Health Monitoring System shall be administered by a medical director appointed by the Medical Director of Arkansas Children's Hospital from among the professional staff of Arkansas Children's Hospital.
(b)
The Medical Director of the Arkansas Reproductive Health Monitoring System shall:
(1)
Supervise the work of the system and administer the budget;
(2)
Appoint and remove such other employees as may be necessary to perform the duties and responsibilities of the system; and
(3)
Select and retain the services of consultants whose advice is considered necessary to carry out the system's mandate.
Amended by Act 2015, No. 1062,§ 3, eff. 7/22/2015.
Acts 1985, No. 214, § 2; A.S.A. 1947, § 82-4609.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-206 - Authority to contract for information

(a)
The Arkansas Reproductive Health Monitoring System is expressly authorized to contract for the production of any information which the Medical Director of the Arkansas Reproductive Health Monitoring System determines to be relevant to monitoring reproductive health.
(b)
Information shared under this section includes, but is not limited to, information identified by name or other personal identifier, including information concerning any system by which such data or information is identified or classified if required to decipher the information.
Amended by Act 2015, No. 1062,§ 4, eff. 7/22/2015.
Acts 1985, No. 214, § 6; A.S.A. 1947, § 82-4613.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-207 - Information confidential - Exception

The Arkansas Reproductive Health Monitoring System is expressly exempted and prohibited from supplying any information by individual name or other personal identifier or in a form other than a statistical report or other appropriate form which protects the confidentiality of individuals except to any state agency or department which originally supplied the information to the system unless both the originating agency and the system grant release of this information for a specific purpose.
Acts 1985, No. 214, § 7; A.S.A. 1947, § 82-4614.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-208 - Furnishing of information by hospitals

All hospitals with patient records containing information pertaining to reproduction and development are required to share information in those records with the Arkansas Reproductive Health Monitoring System.
Amended by Act 2015, No. 1062,§ 5, eff. 7/22/2015.
Acts 1985, No. 214, § 8; A.S.A. 1947, § 82-4615.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-209 - Furnishing of information by physician, clinic, etc

(a)
Any physician, clinic, person, or organization may provide information relative to reproductive health to the Arkansas Reproductive Health Monitoring System.
(b)
No liability of any kind for damages or other relief shall arise or be enforced against any person or organization for having provided the information or for having released or published the findings of the system in order to reduce morbidity or mortality or to advance medical research or medical education.
Acts 1985, No. 214, § 9; A.S.A. 1947, § 82-4616.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-210 - Intergovernmental agreements

The Arkansas Reproductive Health Monitoring System shall have the power to enter into agreements with other states and the Centers for Disease Control and Prevention consistent with the requirements and restrictions of this subchapter in order to obtain relevant information for the system concerning Arkansas residents who receive health-related services outside the state.
Amended by Act 2015, No. 1062,§ 6, eff. 7/22/2015.
Acts 1985, No. 214, § 10; A.S.A. 1947, § 82-4617.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-211 - Funding and implementation

(a)
The Arkansas Reproductive Health Monitoring System shall have the power to receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities under this subchapter.
(b)
Arkansas Children's Hospital is not required to implement this system unless sufficient funds are available as determined by the Medical Director of Arkansas Children's Hospital.
(c)
The system may be implemented in stages or phases.
Acts 1985, No. 214, § 13; A.S.A. 1947, § 82-4620.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-212 - Reports

The Arkansas Reproductive Health Monitoring System shall periodically prepare reports of its findings for dissemination to appropriate agencies and interested persons.
Acts 1985, No. 214, § 14; A.S.A. 1947, § 82-4621.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-213 - Rendering of patient care and regulatory activity prohibited

The Arkansas Reproductive Health Monitoring System is expressly prohibited from rendering patient care, promulgating any rule or regulation, or engaging in any regulatory activity.
Acts 1985, No. 214, § 13; A.S.A. 1947, § 82-4620.
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 2 - ARKANSAS REPRODUCTIVE HEALTH MONITORING SYSTEM (§§ 20-16-201 — 20-16-214) › Section 20-16-214 - No actionable right, presumptions, or findings created

(a)
Persons other than the state or Arkansas Reproductive Health Monitoring System shall not acquire any actionable right by virtue of this subchapter.
(b)
A determination by the system that a source is suspected of causing adverse reproductive health outcomes shall not create by reason thereof any presumption of law or finding of a fact which shall inure to, or be for, the benefit of any person other than the state.
Acts 1985, No. 214, § 12; A.S.A. 1947, § 82-4619.
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 3 - ARKANSAS FAMILY PLANNING ACT (§§ 20-16-301 — 20-16-305) › Section 20-16-301 - Title

This subchapter shall be known and may be cited as the "Arkansas Family Planning Act".
Acts 1973, No. 235, § 1; A.S.A. 1947, § 82-3101.
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 3 - ARKANSAS FAMILY PLANNING ACT (§§ 20-16-301 — 20-16-305) › Section 20-16-302 - Legislative declaration

It is the declaration of the General Assembly that:
(1)
It is desirable that inhibitions and restrictions be eliminated so that all persons desiring and needing contraceptive procedures, supplies, and information shall have ready and practicable access thereto through legally recognized channels; and
(2)
Section
20-16-304
sets forth the policy and authority of this state, its political subdivisions, and all agencies and institutions thereof, including prohibitions against restrictions, with respect to contraceptive procedures, supplies, and information.
Amended by Act 2023, No. 700,§ 1, eff. 8/1/2023.
Acts 1973, No. 235, § 3; A.S.A. 1947, § 82-3103.
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 3 - ARKANSAS FAMILY PLANNING ACT (§§ 20-16-301 — 20-16-305) › Section 20-16-303 - Definitions

As used in this subchapter:
(1)
"Contraceptive procedures" means any medically accepted procedures designed to prevent conception; and
(2)
"Contraceptive supplies" means those medically approved items designed to prevent conception through chemical, mechanical, or other means.
Acts 1973, No. 235, § 2; A.S.A. 1947, § 82-3102.
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 3 - ARKANSAS FAMILY PLANNING ACT (§§ 20-16-301 — 20-16-305) › Section 20-16-304 - Public policy - Availability of procedures, supplies, and information - Exceptions

It shall be the policy and authority of this state that:
(1)
All medically acceptable contraceptive procedures, supplies, and information shall be available through legally recognized channels to each person desirous of the procedures, supplies, and information regardless of sex, race, age, income, number of children, marital status, citizenship, or motive;
(2)
Medical procedures for permanent sterilization, when performed by a physician on a requesting and consenting person eighteen (18) years of age or older, or less than eighteen (18) years of age if legally married, be consistent with public policy;
(3)
Dissemination of medically acceptable contraceptive information in this state and in state and county health and welfare departments, in medical facilities, at institutions of higher education, and at other agencies and instrumentalities of this state be consistent with public policy;
(4)
Nothing in this subchapter shall prohibit a physician, pharmacist, or any other authorized paramedical personnel from refusing to furnish any contraceptive procedures, supplies, or information; and
(5)
No private institution or physician, nor any agent or employee of the institution or physician, nor any employee of a public institution acting under directions of a physician, shall be prohibited from refusing to provide contraceptive procedures, supplies, and information when the refusal is based upon religious or conscientious objection. No such institution, employee, agent, or physician shall be held liable for the refusal.
Acts 1973, No. 235, § 4; A.S.A. 1947, § 82-3104.
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 3 - ARKANSAS FAMILY PLANNING ACT (§§ 20-16-301 — 20-16-305) › Section 20-16-305 - Liability for surgical sterilization

Subject to the rules of law applicable generally to negligence, no physician or surgeon licensed by this state shall be liable civilly or criminally by reason of having performed surgical sterilization authorized by the provisions of this subchapter upon any person in this state.
Acts 1973, No. 235, § 5; A.S.A. 1947, § 82-3105.
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 4 - REPRODUCTIVE HEALTH INFORMATION (§§ 20-16-401 — 20-16-408) › Section 20-16-401 - Department of Health

This subchapter shall not be applicable to the Department of Health.
Acts 1983, No. 773, § 7; A.S.A. 1947, § 82-4607.
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 4 - REPRODUCTIVE HEALTH INFORMATION (§§ 20-16-401 — 20-16-408) › Section 20-16-402 - Information from state agencies

(a)
(1)
Any bona fide appropriately licensed medical facility, including, but not limited to, a county hospital, participating in recognized research in Arkansas and the Centers for Disease Control and Prevention is expressly authorized to contract for the production of any information relevant to monitoring reproductive health.
(2)
Information acquired under this subsection includes, but is not limited to, information identified by name or other personal identifying information including the method by which the information was compiled or tabulated.
(b)
The University of Arkansas for Medical Sciences, Arkansas Children's Hospital, other participating medical facilities as described in subsection (a) of this section, and the Centers for Disease Control and Prevention are expressly prohibited from supplying any information obtained pursuant to subsection (a) of this section by individual name or other personal identifying information or in a form other than a statistical report or other appropriate form which protects the confidentiality of individuals.
(c)
Information obtained pursuant to subsection (a) of this section may be returned to any state agency or department from which it was originally obtained.
Amended by Act 2015, No. 1062,§ 7, eff. 7/22/2015.
Acts 1983, No. 773, §§ 1, 3; A.S.A. 1947, §§ 82-4601, 82-4603.
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 4 - REPRODUCTIVE HEALTH INFORMATION (§§ 20-16-401 — 20-16-408) › Section 20-16-403 - Information from neighboring states

The University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention shall have the power to enter into agreements with neighboring states consistent with the requirements and restrictions of this subchapter in order to obtain relevant information concerning Arkansas residents who receive health-related services outside the state.
Acts 1983, No. 773, § 5; A.S.A. 1947, § 82-4605.
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 4 - REPRODUCTIVE HEALTH INFORMATION (§§ 20-16-401 — 20-16-408) › Section 20-16-404 - Information sharing

All hospitals with pediatric, obstetric, or spontaneous abortion patient records may under this subchapter contract to share information in those records with the University of Arkansas for Medical Sciences, Arkansas Children's Hospital, other bona fide licensed medical facilities, and the Centers for Disease Control and Prevention.
Acts 1983, No. 773, § 2; A.S.A. 1947, § 82-4602.
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 4 - REPRODUCTIVE HEALTH INFORMATION (§§ 20-16-401 — 20-16-408) › Section 20-16-405 - Authority of physician to provide information

Any physician, clinic, person, or organization may under this subchapter contract to provide information relative to reproductive health to the University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention.
Acts 1983, No. 773, § 4; A.S.A. 1947, § 82-4604.
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 4 - REPRODUCTIVE HEALTH INFORMATION (§§ 20-16-401 — 20-16-408) › Section 20-16-406 - No actionable right created

Persons other than the state, the University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention shall not acquire any actionable right by virtue of this subchapter.
Acts 1983, No. 773, § 6; A.S.A. 1947, § 82-4606.
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 4 - REPRODUCTIVE HEALTH INFORMATION (§§ 20-16-401 — 20-16-408) › Section 20-16-407 - No legal presumption or finding of fact created

A determination by a study done under this subchapter that a source is suspected of causing adverse fetal or neonatal health outcomes shall not create by reason thereof any presumption of law or finding of a fact which shall inure to or be for the benefit of any person other than the state.
Acts 1983, No. 773, § 6; A.S.A. 1947, § 82-4606.
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 4 - REPRODUCTIVE HEALTH INFORMATION (§§ 20-16-401 — 20-16-408) › Section 20-16-408 - Nonliability

No liability of any kind for damages or other relief shall arise or be enforced against any person or organization by reason of having provided information pursuant to this subchapter or by reason of having released or published the findings of research studies in order to reduce morbidity or mortality or to advance medical research or medical education based on information shared under this subchapter.
Acts 1983, No. 773, § 4; A.S.A. 1947, § 82-4604.
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 5 - SEXUALLY TRANSMITTED DISEASES (§§ 20-16-501 — 20-16-508) › Section 20-16-501 - Notification required

(a)
Any person who determines by laboratory examination that a specimen derived from a human body yields microscopical, cultural, serological, or other evidence suggestive of those sexually transmitted diseases enumerated in subsection (b) of this section shall notify the HIV/STD/Hepatitis C Section of the Department of Health of such findings.
(b)
Notice shall be given for the following conditions or diseases:
(1)
Syphilis;
(2)
Gonorrhea;
(3)
Chancroid;
(4)
Lymphogranuloma Venereum; and
(5)
Granuloma Inguinale.
(c)
Specific reportable sexually transmitted disease tests are:
(1)
All reactive or positive and weakly reactive or doubtful serological tests for syphilis;
(2)
All reactive or positive and weakly reactive or doubtful spinal fluid serological tests for syphilis;
(3)
All positive darkfield microscopic tests for treponema pallidum;
(4)
All positive gonococcal smears or cultures; and
(5)
All positive tests indicating the presence of Ducrey's bacillus, known as chancroid, or Donovan bodies, known as Granuloma Inguinale, or filterable virus, known as Lymphogranuloma Venereum.
Acts 1973, No. 60, §§ 1, 3; A.S.A. 1947, §§ 82-632, 82-634; Acts 2007, No. 827, § 160.
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 5 - SEXUALLY TRANSMITTED DISEASES (§§ 20-16-501 — 20-16-508) › Section 20-16-502 - Notification - Contents

(a)
Notification shall contain the total number of tests performed by type, number of negative specimens, and number of positive or doubtful specimens.
(b)
Notification of positive or doubtful test results shall contain the name, age, sex, and address of the person from whom the specimen was obtained and the name and address of the physician for whom the examination or test was performed.
(c)
Notification also shall contain the name of the test performed, the date the test was performed, and the result of the test performed.
(d)
Notification shall be submitted in writing and in such form and manner as prescribed by rules of the Infectious Disease Branch of the Department of Health.
Amended by Act 2019, No. 315,§ 1949, eff. 7/24/2019.
Acts 1973, No. 60, § 2; A.S.A. 1947, § 82-633.
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 5 - SEXUALLY TRANSMITTED DISEASES (§§ 20-16-501 — 20-16-508) › Section 20-16-503 - Notification - Physician's duty

Laboratory reporting under §§
20-16-501
-
20-16-506
shall in no way release the attending physician from his or her responsibility to report cases of sexually transmitted diseases to the HIV/STD/Hepatitis C Section of the Department of Health.
Acts 1973, No. 60, § 7; A.S.A. 1947, § 82-638; Acts 2007, No. 827, § 161.
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 5 - SEXUALLY TRANSMITTED DISEASES (§§ 20-16-501 — 20-16-508) › Section 20-16-504 - Notification - Information confidential

All laboratory notifications required by §§
20-16-501
-
20-16-506
are confidential and shall not be open for inspection by anyone except public health personnel.
Acts 1973, No. 60, § 4; A.S.A. 1947, § 82-635.
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 5 - SEXUALLY TRANSMITTED DISEASES (§§ 20-16-501 — 20-16-508) › Section 20-16-505 - Notification - Authority to regulate

The Infectious Disease Branch of the Department of Health may enact each rule as is necessary to assure compliance with §§
20-16-501
-
20-16-506
.
Amended by Act 2019, No. 315,§ 1950, eff. 7/24/2019.
Acts 1973, No. 60, § 6; A.S.A. 1947, § 82-637.
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 5 - SEXUALLY TRANSMITTED DISEASES (§§ 20-16-501 — 20-16-508) › Section 20-16-506 - Failure to notify - Penalty

Failure to give notice as provided in §§
20-16-501
-
20-16-505
shall be a violation and upon conviction shall be punishable by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
Acts 1973, No. 60, § 5; A.S.A. 1947, § 82-636; Acts 2005, No. 1994, § 112.
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 5 - SEXUALLY TRANSMITTED DISEASES (§§ 20-16-501 — 20-16-508) › Section 20-16-508 - Treatment of minors

(a)
(1)
When a minor who believes himself or herself to have a sexually transmitted disease consents to the provision of medical care or surgical care or services by a hospital or public clinic or consents to the performance of medical care or surgical care or services by a physician who is licensed to practice medicine in this state, the consent:
(A)
Is valid and binding as if the minor had achieved his or her majority; and
(B)
Is not subject to a later disaffirmance by reason of his or her minority.
(2)
The consent of a spouse, parent, guardian, or any other person standing in a fiduciary capacity to the minor shall not be necessary in order to authorize hospital care or services or medical or surgical care or services to be provided to the minor by a physician licensed to practice medicine.
(b)
Upon the advice and direction of a treating physician or in the case of a medical staff any one (1) of them, a physician or member of a medical staff may inform the spouse, parent, or guardian of any minor as to the treatment given or needed but shall not be obligated to do so. The information may be given to or withheld from the spouse, parent, or guardian without the consent and over the express objection of the minor.
Acts 1969, No. 100, §§ 1-3; A.S.A. 1947, §§ 82-629 -- 82-631; Acts 1997, No. 208, § 20; 2007, No. 827, § 162; 2009, No. 952, § 3.
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 6 - ABORTION GENERALLY (§§ 20-16-601 — 20-16-608) › Section 20-16-601 - Refusal to perform, participate, consent, or submit

(a)
No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy. The refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability to any person nor a basis for any disciplinary or any other recriminatory action against him or her.
(b)
No hospital, hospital director, or governing board shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit the procedures shall not be grounds for civil liability to any person nor a basis for any disciplinary or other recriminatory action against it by the state or any person.
(c)
The refusal of any person to submit to an abortion or to give consent for an abortion shall not be grounds for loss of any privileges or immunities to which the person would otherwise be entitled, nor shall submission to an abortion or the granting of consent for an abortion be a condition precedent to the receipt of any public benefits.
Acts 1969, No. 61, § 8; A.S.A. 1947, § 41-2560.
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 6 - ABORTION GENERALLY (§§ 20-16-601 — 20-16-608) › Section 20-16-606 - Qualifications to perform an abortion

(a)
A person shall not perform or induce an abortion unless that person is a physician licensed to practice medicine in the State of Arkansas and is board-certified or board-eligible in obstetrics and gynecology.
(b)
A violation of this section is a Class D felony and may result in the revocation, suspension, or nonrenewal of the professional license of an abortion facility or physician.
Added by Act 2019, No. 700,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 6 - ABORTION GENERALLY (§§ 20-16-601 — 20-16-608) › Section 20-16-607 - In custody or guardianship of state

(a)
A state agency shall not:
(1)
Consent to or approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state; or
(2)
Authorize the expenditure of state funds for the purpose of paying for the termination of a pregnancy for a pregnant woman in the custody of the state except to save the life of the pregnant woman, or as required by federal law.
(b)
A pregnant woman in the custody or guardianship of the state, her family, or a third-party payer is responsible for all costs, including transportation costs, associated with a medical appointment, or any subsequent healthcare service determined necessary, related to the termination of her pregnancy, except as required by federal law.
(c)
A state agency may be involved in a court proceeding related to the consideration by the court of whether to approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state.
(d)
A state agency under this section shall report annually to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor the number of any terminations of pregnancies that occurred for women in the custody or guardianship of the state agency.
(e)
(1)
A state agency under this section shall promulgate rules necessary to implement this section.
(2)
(A)
When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under §
25-15-204(f)
:
(i)
On or before January 1, 2020; or
(ii)
If approval under §
10-3-309
has not occurred by January 1, 2020, as soon as practicable after approval under §
10-3-309
.
(B)
A state agency shall file the proposed rule with the Legislative Council under §
10-3-309(c)
sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.
Added by Act 2019, No. 1057,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 6 - ABORTION GENERALLY (§§ 20-16-601 — 20-16-608) › Section 20-16-608 - Reporting data on abortions to save life of mother

A physician, healthcare provider, or abortion facility shall report to the Department of Health the number of abortions performed to save the life of the mother.
Added by Act 2021, No. 787,§ 2, eff. 7/28/2021.
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 7 - ABORTION - VIABLE FETUS (§§ 20-16-701 — 20-16-707) › Section 20-16-701 - Legislative intent - Construction

(a)
It is the intention of the General Assembly to regulate abortions in a manner consistent with the decisions of the United States Supreme Court.
(b)
All provisions and all terms shall be construed so as to be consistent with those decisions.
Acts 1985, No. 268, § 7; A.S.A. 1947, § 41-2568.
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 7 - ABORTION - VIABLE FETUS (§§ 20-16-701 — 20-16-707) › Section 20-16-702 - Definitions

As used in this subchapter:
(1)
"Abortion" means the intentional termination of the pregnancy of a mother with an intention other than to increase the probability of a live birth or to remove a dead or dying fetus;
(2)
"Physician" means any person licensed to practice medicine in this state; and
(3)
"Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support.
Amended by Act 2019, No. 700,§ 2, eff. 7/24/2019.
Acts 1985, No. 268, § 1; A.S.A. 1947, § 41-2562.
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 7 - ABORTION - VIABLE FETUS (§§ 20-16-701 — 20-16-707) › Section 20-16-703 - [Repealed]

Repealed by Act 2019, No. 700,§ 3, eff. 7/24/2019.
Acts 1985, No. 268, § 5; A.S.A. 1947, § 41-2566.
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 7 - ABORTION - VIABLE FETUS (§§ 20-16-701 — 20-16-707) › Section 20-16-704 - Penalty

(a)
A violation of this subchapter shall be a Class A misdemeanor.
(b)
Nothing in this subchapter shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.
Acts 1985, No. 268, § 6; A.S.A. 1947, § 41-2567; Acts 1999, No. 1273, § 6.
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 7 - ABORTION - VIABLE FETUS (§§ 20-16-701 — 20-16-707) › Section 20-16-705 - Abortion of viable fetus prohibited - Exceptions

(a)
No abortion of a viable fetus shall be performed unless necessary to preserve the life or health of the woman.
(b)
Before a physician may perform an abortion upon a pregnant woman after such time as her fetus has become viable, the physician shall first certify in writing that the abortion is necessary to preserve the life or health of the woman and shall further certify in writing the medical indications for the abortion and the probable health consequences.
(c)
(1)
This subchapter shall not prohibit the abortion of a viable fetus if the pregnancy is the result of rape or incest perpetrated on a minor 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,§ 3, eff. 7/28/2021.
Acts 1985, No. 268, § 2; A.S.A. 1947, § 41-2563.
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 7 - ABORTION - VIABLE FETUS (§§ 20-16-701 — 20-16-707) › Section 20-16-706 - Method or technique required

(a)
Any physician who performs an abortion upon a woman carrying a viable fetus shall utilize the available method or technique of abortion most likely to preserve the life and health of the viable fetus.
(b)
In cases in which the method or technique of abortion which would most likely preserve the life and health of the viable fetus would present a greater risk to the life and health of the woman than another available method or technique, the physician may utilize the other method or technique.
(c)
In all cases in which the physician performs an abortion upon a viable fetus, the physician shall certify in writing the available method or techniques considered and the reasons for choosing the method or technique employed.
Acts 1985, No. 268, § 3; A.S.A. 1947, § 41-2564.
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 7 - ABORTION - VIABLE FETUS (§§ 20-16-701 — 20-16-707) › Section 20-16-707 - Attendance of additional physician required

(a)
An abortion of a viable fetus shall be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for a child born as a result of the abortion.
(b)
During the performance of the abortion, the physician performing it and, subsequent to the abortion, the physician required by this section to be in attendance shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the viable fetus, provided that it does not pose an increased risk to the life or health of the woman.
Acts 1985, No. 268, § 4; A.S.A. 1947, § 41-2565.