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 20-16-1405 - Abortion of unborn child of 20 or more weeks post-fertilization age prohibited

(a)
(1)
A person shall not perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies that the probable post-fertilization age of the unborn child of the woman is twenty (20) or more weeks.
(2)
(A)
However, subdivision (a)(1) of this section does not apply if, in reasonable medical judgment, the pregnant woman has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions.
(B)
A condition creating an exemption under subdivision (a)(2)(A) of this section shall not be deemed to exist if the condition is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(3)
(A)
Subdivision (a)(1) of this section does not apply if the pregnancy 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.
(b)
(1)
When an abortion upon a woman whose unborn child has been determined under subdivision (a)(1) of this section to have a probable post-fertilization age of twenty (20) or more weeks is not prohibited by this section, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive.
(2)
(A)
However, subdivision (b)(1) of this section does not apply if, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods.
(B)
A risk creating an exemption under subdivision (b)(2)(A) of this section shall not be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
Amended by Act 2021, No. 787,§ 5, eff. 7/28/2021.
Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.