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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 3 - HOSPITALS, CLINICS, ETC. - MISCELLANEOUS PROVISIONS (§§ 20-9-301 — 20-9-314) › Section 20-9-302 - Abortion clinics, health centers, etc. - Definitions

(a)
(1)
(A)
(i)
A hospital shall not perform an abortion unless the abortion is to save the life of the pregnant woman in a medical emergency under §
5-61-304
or §
5-61-404
.
(ii)
An abortion permitted under §
5-61-304
or §
5-61-404
shall not be performed or attempted unless the abortion takes place in a hospital or an emergency room.
(B)
As used in subdivision (a)(1)(A) of this section:
(i)
(a)
"Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.
(b)
An act under subdivision (a)(1)(B)(i)
(a)
of this section is not an abortion if the act is performed with the purpose to:
(1)
Save the life or preserve the health of the unborn child;
(2)
Remove a dead unborn child caused by spontaneous abortion; or
(3)
Remove an ectopic pregnancy; and
(ii)
"Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy.
(2)
(A)
The Department of Health shall inspect a clinic, health center, or other facility at least annually, and inspections shall include without limitation:
(i)
The facilities, equipment, and conditions of a clinic, health center, or other facility; and
(ii)
A representative sample of procedures, techniques, medical records, informed consent signatures, and parental consent signatures.
(B)
An inspector shall arrive at the clinic, health center, or other facility unannounced and without prior notice.
(b)
The department shall:
(1)
Adopt appropriate rules, regarding without limitation the facilities, equipment, procedures, techniques, medical records, informed consent signatures, parental consent signatures, and conditions of a clinic, health center, or other facility subject to the provisions of this section to assure at a minimum that:
(A)
The facilities, equipment, procedures, techniques, and conditions of the clinic, health center, or other facility are aseptic and do not constitute a health hazard;
(B)
The medical records, informed consent signatures, and parental consent signatures meet statutory requirements;
(C)
The clinic, health center, or other facility provides to the patient on a twenty-four-hour basis telephone consultation with a registered nurse or physician associated with the clinic, health center, or other facility;
(D)
The clinic, health center, or other facility has a written procedure for emergency transfer of a patient to an acute care facility, including a medical record form that contains information required for an emergency transfer to an acute care facility;
(E)
The clinic, health center, or other facility is within thirty (30) miles of a hospital that provides gynecological or surgical services;
(F)
The clinic, health center, or other facility has drugs, oxygen, intravenous fluids, and other emergency equipment on-site and readily available to stabilize a patient if necessary; and
(G)
All staff at the clinic, health center, or other facility have documented current competency in cardiopulmonary resuscitation;
(2)
Levy and collect an annual fee of five hundred dollars ($500) per facility for issuance of a permanent license to an abortion facility; and
(3)
(A)
Deny, suspend, or revoke licenses on any of the following grounds:
(i)
The violation of any provision of law or rule; or
(ii)
The permitting, aiding, or abetting of the commission of any unlawful act in connection with the operation of the institutions.
(B)
(i)
If the department determines to deny, suspend, or revoke a license, the department shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.
(ii)
The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.
(iii)
(a)
The department shall issue an immediate suspension of a license if an investigation or survey determines that:
(1)
The applicant or licensee is in violation of any state law or rule; and
(2)
The violation or violations pose an imminent threat to the health, welfare, or safety of a patient.
(b)
(1)
The department shall give the applicant or licensee written notice of the immediate suspension.
(2)
The suspension of the license is effective upon the receipt of the written notice.
(iv)
The denial, suspension, or revocation order shall remain in effect until all violations have been corrected.
(C)
The applicant or licensee shall:
(i)
Be given a fair hearing; and
(ii)
Have the right to present evidence as may be proper.
(D)
(i)
On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.
(ii)
A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.
(iii)
The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court.
(E)
A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.
(F)
Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule.
(G)
The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.
(c)
(1)
Applicants for a license shall file applications upon such forms as are prescribed by the department.
(2)
A license shall be issued only for the premises and persons in the application and shall not be transferable.
(d)
(1)
A license shall be effective on a calendar-year basis and shall expire on December 31 of each calendar year.
(2)
Applications for annual license renewal shall be postmarked no later than January 2 of the succeeding calendar year.
(3)
License applications for existing institutions received after that date shall be subject to a penalty of two dollars ($2.00) per day for each day after January 2.
(e)
Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the abortion clinics that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
(f)
All fees levied and collected under this section are special revenues and shall be deposited into the State Treasury to be credited to the Public Health Fund.
(g)
The department shall:
(1)
Send all abortion data collected under state law to the Centers for Disease Control and Prevention;
(2)
Record and report to the Centers for Disease Control and Prevention all instances of a suspension of a physician's license related to abortions or abortion facilities; and
(3)
Make available to the public via the Division of Vital Records the following information:
(A)
All abortion data collected under state law; and
(B)
All instances of a suspension of a physician's license related to abortions or abortion facilities.
(h)
(1)
A person who notifies an abortion facility that the department may or will conduct its inspection on a specific date or time shall be guilty upon conviction of a Class A misdemeanor.
(2)
A person who knowingly conceals or removes information that is relevant to an inspection of an abortion facility shall be guilty upon conviction of a Class A misdemeanor.
(i)
All inspections of abortion facilities shall be conducted by at least two (2) persons at the same time.
Amended by Act 2023, No. 848,§ 1, eff. 8/1/2023.
Amended by Act 2023, No. 162,§ 1, eff. 2/27/2023.
Amended by Act 2021, No. 949,§ 1, eff. 7/28/2021.
Amended by Act 2021, No. 787,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1847, eff. 7/24/2019.
Amended by ,Act 2019, No. 315§ 1846, eff. 7/24/2019.
Amended by Act 2019, No. 801,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 383,§ 2, eff. 8/1/2017.
Acts 1983, No. 509, §§ 1, 2; A.S.A. 1947, §§ 82-367, 82-368; Acts 1987, No. 144, § 1; 2011, No. 1176, § 1.