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 23 - PERINATAL PALLIATIVE CARE INFORMATION ACT (§§ 20-16-2301 — 20-16-2306) › Section 20-16-2306 - 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 subchapter is challenged.
Acts 2019, No. 953, § 1, eff. 7/24/2020.
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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2401 - Title

This subchapter shall be known and may be cited as the "Every Mom Matters Act".
Added by Act 2021, No. 90,§ 3, 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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2402 - 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 any of 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; or
(iii)
Remove an ectopic pregnancy;
(2)
"Abuse" means the same as defined in §
12-18-103
;
(3)
"Agency" means an entity that contracts with the Department of Human Services to provide the services required under §
20-8-1001
or the resource access assistance offer;
(4)
"Assault" means the act or offense described in §§
5-13-204
-
5-13-207
;
(5)
"Care agent" means a person employed by an agency to perform the services required by this subchapter;
(6)
"Human trafficking" means the act or offense described in the Human Trafficking Act of 2013, §
5-18-101
et seq.;
(7)
"Medical emergency" means a condition that, based on the good faith clinical judgment of the physician, has complicated the medical condition of the pregnant woman so as to necessitate the immediate termination of the pregnancy to avert the woman's death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function;
(8)
"Neglect" means the same as defined in §
12-18-103
; and
(9)
"Sexual assault" means an act or offense described in §
5-14-101
et seq., except for a misdemeanor violation of sexual indecency with a child, §
5-14-110
.
Amended by Act 2023, No. 703,§ 4, eff. 8/1/2023.
Amended by Act 2023, No. 619,§ 25, eff. 8/1/2023.
Added by Act 2021, No. 90,§ 3, 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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2403 - Resource access assistance offer

(a)
A person shall not perform an abortion unless the person verifies that the woman on whom the abortion is to be performed has received a resource access assistance offer.
(b)
A resource access assistance offer under subsection (a) of this section shall consist of a care agent's:
(1)
Informing the pregnant woman of the availability of free:
(A)
Healthy pregnancy program services offered under §
20-8-1001(d)(2)
; and
(B)
Care plan coordination services offered under §
20-8-1001(d)(3)
;
(2)
Providing education on other public and private resources available to address the socioeconomic needs of the pregnant woman or the biological father of the unborn child;
(3)
Offering screening and assistance for abuse, assault, sexual assault, neglect, coercion, and human trafficking; and
(4)
Offering medically accurate information using the informational materials described in the Woman's Right-to-Know Act, §
20-16-1701
et seq.
(c)
The pregnant woman is not required to:
(1)
Initiate any offered services in order to obtain an abortion; or
(2)
Provide any information to the care agent except her unique identifying number as described in §
20-16-2407
.
(d)
The resource access assistance offer shall be provided by the state at no cost to the woman.
(e)
A care agent who provides a resource access assistance offer under this section shall not refer a woman to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises a woman to obtain or assists a woman in obtaining an abortion.
Added by Act 2021, No. 90,§ 3, eff. 7/28/2021, subsection (a) applicable 1/1/2023.
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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2404 - Applicability

(a)
For healthy pregnancy program services and care plan coordination services offered under §
20-8-1001(d)(2) and (3)
:
(1)
A pregnant woman is not required to initiate or complete healthy pregnancy program services or care plan coordination services in order to obtain an abortion;
(2)
A pregnant woman who initiates healthy pregnancy program services or care plan coordination services may decline or discontinue the healthy pregnancy program services or care plan coordination services at any time; and
(3)
An agency shall prioritize care plan coordination services and healthy pregnancy program services for women who have received a resource access assistance offer.
(b)
(1)
This subchapter does not apply in the case of a medical emergency.
(2)
A person who performs an abortion in a medical emergency shall:
(A)
Include in the pregnant woman's medical records a statement signed by the physician of the pregnant woman certifying the nature of the medical emergency; and
(B)
Not later than thirty (30) days after the date that the abortion is performed, certify to the Department of Health the specific medical condition that constituted the medical emergency.
Added by Act 2021, No. 90,§ 3, 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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2405 - [See Note] Agencies (§ 20-16-2405) › 1

(a)
The Department of Health shall:
(1)
Contract with a number of agencies sufficient to ensure that each pregnant woman seeking an abortion in Arkansas receives a resource access assistance offer and has the opportunity to receive care plan coordination services and healthy pregnancy program services;
(2)
Annually, designate the proportion of resource access assistance offers to be provided by each agency's share of participants in care plan coordination services or healthy pregnancy program services; and
(3)
Contract only with agencies that are capable of offering all of the services required under §
20-8-1001
or the resource access assistance offer.
(b)
An agency shall be able, at a minimum, to provide resource access assistance offers, care plan coordination services, and healthy pregnancy program services by telephonic means using a toll-free number established by the department.
(c)
Each agency and any subcontractor or care agent of the agency providing services related to §
20-8-1001
or resource access assistance offers shall not:
(1)
Be an abortion provider or entity that directly or indirectly assists women in obtaining an abortion;
(2)
Own, operate, or be affiliated with an abortion provider or an entity that directly or indirectly promotes abortions or assists women in obtaining an abortion;
(3)
Employ a person who has performed an abortion in the last two (2) years;
(4)
Have as a director, board member, officer, volunteer, or employee a person who serves in any of these roles for an entity described in subdivisions (c)(1)-(3) of this section; or
(5)
Refer women to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises or assists a woman in obtaining an abortion.
Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2405 - [See Note] Agencies (§ 20-16-2405) › 2

(a)
Upon the effective date of this section, the Department of Human Services shall:
(1)
(A)
Contract with a number of agencies sufficient to ensure that each pregnant woman seeking an abortion in Arkansas receives a resource access assistance offer and has the opportunity to receive care plan coordination services and healthy pregnancy program services.
(B)
The procurement of a vendor to serve as an agency shall be done through the Arkansas Procurement Law, §
19-11-201
et seq., by the Office of State Procurement;
(2)
Annually, designate the proportion of resource access assistance offers to be provided by each agency's share of participants in care plan coordination services or healthy pregnancy program services; and
(3)
Contract only with agencies that are capable of offering all of the services required under §
20-8-1001
or the resource access assistance offer.
(b)
An agency shall be able, at a minimum, to provide resource access assistance offers, care plan coordination services, and healthy pregnancy program services by telephonic means using a toll-free number established by the department.
(c)
Each agency and any subcontractor or care agent of the agency providing services related to §
20-8-1001
or resource access assistance offers shall not:
(1)
Be an abortion provider or entity that directly or indirectly assists women in obtaining an abortion;
(2)
Own, operate, or be affiliated with an abortion provider or an entity that directly or indirectly promotes abortions or assists women in obtaining an abortion;
(3)
Employ a person who has performed an abortion in the last two (2) years;
(4)
Have as a director, board member, officer, volunteer, or employee a person who serves in any of these roles for an entity described in subdivisions (c)(1)-(3) of this section; or
(5)
Refer women to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises or assists a woman in obtaining an abortion.
Amended by Act 2023, No. 703,§ 5, eff. on and after the certification of the Attorney General that: (1) The United States Supreme Court or the Arkansas Supreme Court issues a final decision that restricts, in whole or in part, the authority of the State of Arkansas to prohibit abortions other than those necessary to save the life of a pregnant woman in a medical emergency; or (2) An amendment to the United States Constitution or Arkansas Constitution is adopted that restricts, in whole or in part, the authority of the State of Arkansas to prohibit abortions other than those necessary to save the life of a pregnant woman in a medical emergency..
Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2406 - Care agents

A care agent or other person providing healthy pregnancy program services or care plan coordination services through a subcontract with an agency or as a volunteer with an agency shall:
(1)
Meet the qualifications established by rule of the Department of Health;
(2)
Have not performed an abortion in the last two (2) years;
(3)
Have not served as a director, board member, officer, volunteer, or employee for an entity described in §
20-16-2405(c)(1)
-(3) in the last two (2) years;
(4)
Agree to maintain the confidentiality of information the care agent or other person obtains while performing services under §
20-8-1001
or the resource access assistance offer;
(5)
Complete a training program using a standardized curriculum regarding recognizing signs that a person may have been a victim of human trafficking and providing appropriate assistance to a person who may have been a victim of human trafficking; and
(6)
Not refer women to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises a woman to obtain or assists a woman in obtaining an abortion.
Added by Act 2021, No. 90,§ 3, 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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2408 - Medical record audit procedure

(a)
The Department of Health shall audit abortion facilities and persons performing abortions to ensure compliance with this subchapter.
(b)
An audit under subsection (a) of this section shall:
(1)
Be at a random, unannounced, and reasonable time;
(2)
Occur at least one (1) time each year for each abortion facility and person who performs abortions; and
(3)
Consist of:
(A)
A review of the medical records of no less than ten percent (10%) of the women who obtained an abortion since the last audit was performed; and
(B)
A verification and confirmation that the person performing the abortion fully complied with the requirements of §
20-16-2407(b)
.
(c)
If the department finds that more than five percent (5%) of the audited medical records indicate noncompliance with the requirements of §
20-16-2407(b)
, the department shall audit the remainder of the medical records of the women who received abortions since the last audit was performed.
Added by Act 2021, No. 90,§ 3, 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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2409 - Penalties

(a)
(1)
A person who performs an abortion shall be subject to a fine of five thousand dollars ($5,000) for each abortion performed without complying with the requirements of §
20-16-2407
.
(2)
The abortion facility at which the abortion was performed shall be jointly and severally liable for each fine assessed under subdivision (a)(1) of this section.
(b)
The fine imposed by this section is in addition to the criminal liability under the Woman's Right-to-Know Act, §
20-16-1701
et seq.
(c)
The Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed may file an action to recover the fine assessed under subdivision (a)(1) of this section as well as reasonable and necessary attorney's fees and costs incurred in bringing the action.
(d)
(1)
Any person may bring a civil action to recover the civil penalty assessed under this section if:
(A)
An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and
(B)
Another person has not already recovered a fine for that specific violation of this subchapter.
(2)
If the person recovers the fine assessed under this section, the person may also recover attorney's fees and costs incurred in bringing the action.
Amended by Act 2023, No. 703,§ 7, eff. 8/1/2023.
Added by Act 2021, No. 90,§ 3, 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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2410 - Confidentiality and disclosure

(a)
All personally identifiable information held by the Department of Health or Department of Human Services under this subchapter is confidential and is not subject to the Freedom of Information Act of 1967, §
25-19-101
et seq.
(b)
Disclosure of information and records may be made:
(1)
For statistical purposes if a care agent, pregnant woman, biological father of the unborn child, physician, or abortion facility is not identified;
(2)
With the consent of each person, patient, and abortion facility identified in the information released; or
(3)
To:
(A)
Appropriate state agencies or courts to enforce this subchapter;
(B)
Appropriate state licensing boards to enforce licensing laws;
(C)
Licensed medical or healthcare personnel currently treating the patient; or
(D)
Physicians providing abortions or agencies, to the extent necessary to fulfill the agencies' obligations under this subchapter.
(c)
Disclosure of protected health information that is allowed for public health, safety, and law enforcement purposes is not a violation of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
Amended by Act 2023, No. 703,§ 8, eff. 8/1/2023.
Added by Act 2021, No. 90,§ 3, 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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2411 - Conscience protections

The Department of Human Services shall not require any care agent or agency to refer a woman for any social or medical service to which the care agent or agency has a conscience objection.
Amended by Act 2023, No. 703,§ 9, eff. 8/1/2023.
Added by Act 2021, No. 90,§ 3, 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 24 - EVERY MOM MATTERS ACT (§§ 20-16-2401 — 20-16-2412) › Section 20-16-2412 - 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 2021, No. 90,§ 3, 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 25 - INFORMED CONSENT FOR CHEMICAL ABORTION ACT (§§ 20-16-2501 — 20-16-2509) › Section 20-16-2501 - Title

This subchapter shall be known and may be cited as the "Informed Consent for Chemical Abortion Act".
Added by Act 2021, No. 560,§ 1, 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 25 - INFORMED CONSENT FOR CHEMICAL ABORTION ACT (§§ 20-16-2501 — 20-16-2509) › Section 20-16-2502 - Definitions

As used in this subchapter:
(1)
(A)
"Chemical abortion" means the use, provision, prescription, or dispensation of a medicine, drug, or any other substance used, provided, 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)
"Chemical abortion" includes the 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 and methotrexate.
(C)
"Chemical abortion" does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indication; and
(2)
"Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman and necessitates the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
Added by Act 2021, No. 560,§ 1, 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 25 - INFORMED CONSENT FOR CHEMICAL ABORTION ACT (§§ 20-16-2501 — 20-16-2509) › Section 20-16-2503 - Informed consent for chemical abortions

(a)
A chemical abortion shall not be performed or induced without the voluntary and informed consent of the pregnant woman upon whom the chemical abortion is to be performed or induced.
(b)
Except in the case of a medical emergency, consent to a chemical abortion is voluntary and informational only if at least seventy-two (72) hours before the abortion, the healthcare provider who is to perform the chemical abortion or the referring healthcare provider has informed the pregnant woman, orally and in person, of the following:
(1)
The probable gestational age of the unborn child as determined by patient history and ultrasound results used to confirm the gestational age;
(2)
A detailed description of the chemical abortion regimen to be used;
(3)
A detailed list of the risks and complications related to the specific chemical abortion regimen to be used, including without limitation hemorrhage, failure to remove all pregnancy tissue which may require an additional procedure, sepsis or other infections, sterility, possible continuation of pregnancy, and death;
(4)
Information about Rh incompatibility, including that if the pregnant woman has an Rh negative blood type, she should receive an injection of Rh immunoglobulin at the time of the chemical abortion to prevent Rh incompatibility in future pregnancies, which can lead to complications and miscarriage;
(5)
The risks of complications from a chemical abortion increase with advancing gestational age;
(6)
Information on reversing the effects of the chemical abortion if the pregnant woman changes her mind, but that time is of the essence;
(7)
Human trafficking literature, also known as "Laura's Card", as described in §
16-90-1107
;
(8)
Information about post-abortion care, including how to handle and respond to and report complications from the chemical abortion; and
(9)
Information on scheduling post-abortion medical visits to ensure completion of the abortion, assess the need for additional procedures or care, and assess bleeding or other potential complications.
(c)
(1)
Except in the case of a medical emergency, before a chemical abortion, a pregnant woman shall certify on a written checklist form provided or approved by the Department of Health that the information described in subsection (b) of this section has been provided.
(2)
(A)
The healthcare provider who is to perform the chemical abortion shall receive, sign, and date a copy of the written certification described in subdivision (c)(1) of this section before performing a chemical abortion.
(B)
The healthcare provider shall retain a copy of the written certification form in the pregnant woman's medical record.
Added by Act 2021, No. 560,§ 1, 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 25 - INFORMED CONSENT FOR CHEMICAL ABORTION ACT (§§ 20-16-2501 — 20-16-2509) › Section 20-16-2505 - Collection and reporting of information

(a)
The Department of Health shall ensure that all information collected by the department regarding chemical abortions performed in this state shall be available to the public in printed form and on a twenty-four-hour basis on the department's website.
(b)
In no case shall the privacy of a patient or doctor be compromised.
(c)
The information collected by the department 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 §
20-16-2503
.
Added by Act 2021, No. 560,§ 1, 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 25 - INFORMED CONSENT FOR CHEMICAL ABORTION ACT (§§ 20-16-2501 — 20-16-2509) › Section 20-16-2506 - Rules

(a)
(1)
The State Board of Health shall adopt rules to implement this subchapter.
(2)
The State Board of Health may add by rule additional examples of complications to supplement those in §
20-16-2503
.
(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 2021, No. 560,§ 1, 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 25 - INFORMED CONSENT FOR CHEMICAL ABORTION ACT (§§ 20-16-2501 — 20-16-2509) › Section 20-16-2507 - Criminal penalty

A person who purposely, knowingly, recklessly, or negligently violates this subchapter commits a Class A misdemeanor.
Added by Act 2021, No. 560,§ 1, 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 25 - INFORMED CONSENT FOR CHEMICAL ABORTION ACT (§§ 20-16-2501 — 20-16-2509) › Section 20-16-2508 - 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 penalty 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 2021, No. 560,§ 1, 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 25 - INFORMED CONSENT FOR CHEMICAL ABORTION ACT (§§ 20-16-2501 — 20-16-2509) › Section 20-16-2509 - 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 2021, No. 560,§ 1, 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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-17-101 — 20-17-107) › Section 20-17-101 - Death - Legal definition

(a)
An individual is dead who has sustained either:
(1)
Irreversible cessation of circulatory and respiratory functions; or
(2)
Irreversible cessation of all functions of the entire brain, including the brain stem.
(b)
A determination of death shall be made in accordance with accepted medical standards.
Acts 1979, No. 99, §§ 1, 2; 1985, No. 386, §§ 1, 2; A.S.A. 1947, §§ 82-537, 82-538.
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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-17-101 — 20-17-107) › Section 20-17-103 - Notification of death

Within thirty (30) calendar days after a death certificate is filed pursuant to §
20-18-601
, the Division of Vital Records of the Department of Health shall provide notification of the death to the county and circuit court clerks in the county where the deceased was a resident.
Acts 1993, No. 133, § 1.
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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-17-101 — 20-17-107) › Section 20-17-104 - Withholding cardiopulmonary resuscitation in nursing facilities for unwitnessed deaths - Definitions

(a)
As used in this section:
(1)
"Dependent lividity" means clear demarcation of pooled blood within the body;
(2)
"Nursing facility" means the same as long-term care facility as defined in §
20-10-101
; and
(3)
"Rigor" means that major joints such as the jaw, shoulders, elbows, hips, or knees are immovable.
(b)
Licensed nurses employed by nursing facilities may withhold cardiopulmonary resuscitation from residents of the facility, regardless of the presence or absence of a Do Not Resuscitate Order when:
(1)
The death of the resident was unwitnessed; and
(2)
The body evidences clear and unmistakable:
(A)
Dependent lividity; or
(B)
Rigor.
(c)
In cases of unwitnessed deaths under subsection (b) of this section, the following conditions also must be present:
(1)
Respirations are absent for at least thirty (30) seconds;
(2)
Carotid pulse is absent for at least thirty (30) seconds;
(3)
Lung sounds auscultated by stethoscope bilaterally are absent for at least thirty (30) seconds; and
(4)
Both pupils, if accessible, are nonreactive to light.
(d)
The nursing facility shall document the presence of the above-listed conditions in the resident's records.
(e)
(1)
Nursing facilities and licensed nurses of nursing facilities who withhold cardiopulmonary resuscitation under this section are not liable for administrative sanctions, civil damages, or subject to criminal prosecution for their actions or the actions of others based on the withholding of cardiopulmonary resuscitation.
(2)
A person who acts in good faith reliance of a nursing facility's or nursing facility employee's withholding cardiopulmonary resuscitation under this section is not liable for administrative sanctions, civil damages, or subject to criminal prosecution for the person's actions.
Acts 2009, No. 718, § 1; 2011, No. 1121, § 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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-17-101 — 20-17-107) › Section 20-17-105 - Organ donor privacy

(a)
Information regarding the identity of an organ donor is confidential.
(b)
(1)
Confidentiality under this section may be waived by an individual who made the anatomical gift before a donor's death under §
20-17-1204
or by an individual who made the anatomical gift of a decedent's body or part under §
20-17-1209
.
(2)
(A)
If the individual who made the anatomical gift under §
20-17-1204
or §
20-17-1209
is a parent of a minor child who is the organ donor, confidentiality under this section shall not be waived unless both parents agree to waive confidentiality under this section.
(B)
If only one (1) parent is living at the time a waiver request is made under this section, the surviving parent may waive confidentiality under this section.
Added by Act 2013, No. 1199,§ 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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-17-101 — 20-17-107) › Section 20-17-106 - Authorization to distribute organ and tissue donation information upon death associated with diagnosis of fatal fetal condition

Upon the death of a fetus diagnosed with a fatal fetal condition which will result in death within three (3) months of birth or upon the death of a child previously diagnosed with a fatal fetal condition, a physician may distribute information regarding organ and tissue donation to the parent or parents of the fetus or child or to the legal guardian of the fetus or child.
Added by Act 2015, No. 823,§ 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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-17-101 — 20-17-107) › Section 20-17-107 - Preservation of dead bodies

(a)
A dead body is not required to be embalmed.
(b)
A dead body that is not buried within forty-eight (48) hours after death shall either be embalmed or refrigerated.
(c)
Embalming or refrigeration is not required when a dead body is to be cremated within forty-eight (48) hours after death.
Added by Act 2021, No. 132,§ 1, 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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-201 - Definitions

As used in this subchapter:
(1)
"Attending physician" means the physician who has primary responsibility for the treatment and care of the patient;
(2)
(A)
"Declaration" means a writing executed in accordance with the requirements of §
20-17-202(a)
.
(B)
"Declaration" is an advance directive under §
20-6-102
;
(3)
"Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession;
(4)
"Healthcare proxy" is a person eighteen (18) years old or older appointed by the patient as attorney-in-fact to make healthcare decisions including the withholding or withdrawal of life-sustaining treatment if a qualified patient, in the opinion of the attending physician, is permanently unconscious, incompetent, or otherwise mentally or physically incapable of communication;
(5)
"Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a condition of permanent unconsciousness;
(6)
"Permanently unconscious" means a lasting condition, indefinitely without change in which thought, feeling, sensations, and awareness of self and environment are absent;
(7)
"Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;
(8)
"Physician" means an individual licensed to practice medicine in this state;
(9)
"Qualified patient" means a patient eighteen (18) or more years of age who has executed a declaration or appointed a healthcare proxy and who has been determined to be in a terminal condition or in a permanently unconscious state by the attending physician and another qualified physician who has examined the patient;
(10)
"State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and
(11)
"Terminal condition" means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time.
Amended by Act 2017, No. 974,§ 4, eff. 8/1/2017.
Acts 1987, No. 713, § 1; 1999, No. 1536, § 1.
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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-203 - When declaration operative

A declaration becomes operative when:
(i)
it is communicated to the attending physician; and,
(ii)
the declarant is determined by the attending physician and another physician in consultation either to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment or to be permanently unconscious. When the declaration becomes operative, the attending physician and other healthcare providers shall act in accordance with its provisions or comply with the transfer provisions of §
20-17-207
.
Acts 1987, No. 713, § 3; 1999, No. 1536, § 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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-204 - Revocation of declaration

(a)
(1)
A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other healthcare provider by the declarant or a witness to the revocation.
(2)
(A)
The wishes of a patient who requests nutrition or hydration, or both, shall be honored.
(B)
Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.
(b)
The attending physician or other healthcare provider shall make the revocation a part of the declarant's medical record.
Acts 1987, No. 713, § 4; 2003, No. 1322, § 5.
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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-205 - Recording determination of terminal condition or permanent unconsciousness and declaration

Upon determining that the declarant is in a terminal condition or permanently unconscious, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record.
Acts 1987, No. 713, § 5; 1999, No. 1536, § 4.
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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-206 - Treatment of qualified patient

(a)
A qualified patient may make decisions regarding life-sustaining treatment as long as the patient is able to do so.
(b)
This subchapter does not affect the responsibility of the attending physician or other healthcare provider to provide treatment, including nutrition or hydration, or both, for a patient's comfort or alleviation of pain.
(c)
The declaration of a qualified patient known to the attending physician to be pregnant must not be given effect as long as it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment.
Acts 1987, No. 713, § 6; 2003, No. 1322, § 8.
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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-207 - Transfer of patients - Compliance by healthcare provider or healthcare institution

(a)
A declaration under this subchapter is a written advance directive under the Arkansas Healthcare Decisions Act, §
20-6-101
et seq.
(b)
The provisions of the Arkansas Healthcare Decisions Act, §
20-6-101
et seq., concerning compliance by a healthcare provider or healthcare institution apply to:
(1)
Determine whether an attending physician or other healthcare provider may decline to comply with a declaration executed under this subchapter; and
(2)
Any duty to transfer a patient when the attending physician or other healthcare provider declines to comply with a declaration executed under this subchapter.
Amended by Act 2017, No. 974,§ 6, eff. 8/1/2017.
Acts 1987, No. 713, § 7.
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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-208 - Immunities

(a)
In the absence of knowledge of the revocation of a declaration, a person is not subject to civil or criminal liability or discipline for unprofessional conduct for carrying out the declaration pursuant to the requirements of this subchapter.
(b)
A physician or other healthcare provider, whose actions under this subchapter are in accord with reasonable medical standards, is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to those actions.
Acts 1987, No. 713, § 8.
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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-209 - Penalties

(a)
A physician or other healthcare provider who willfully fails to transfer in accordance with §
20-17-207
is guilty of a Class A misdemeanor.
(b)
A physician who willfully fails to record the determination of terminal condition or permanent unconsciousness in accordance with §
20-17-205
is guilty of a Class A misdemeanor.
(c)
An individual who willfully conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a Class A misdemeanor.
(d)
An individual who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in §
20-17-204
, is guilty of a Class D felony.
(e)
An individual who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, healthcare services is guilty of a Class D felony.
(f)
A person who coerces or fraudulently induces another to execute a declaration under this subchapter is guilty of a Class D felony.
(g)
The sanctions provided in this section do not displace any sanction applicable under other law.
Acts 1987, No. 713, § 9; 1999, No. 1536, § 5.
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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-210 - Miscellaneous provisions

(a)
Death resulting from the withholding or withdrawal of life-sustaining treatment pursuant to a declaration and in accordance with this subchapter does not constitute, for any purpose, a suicide or homicide.
(b)
The making of a declaration pursuant to §
20-17-202
does not affect in any manner the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured qualified patient, notwithstanding any term to the contrary.
(c)
A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, healthcare services.
(d)
This subchapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding, or withdrawal of life-sustaining treatment in the event of a terminal condition or permanent unconsciousness.
(e)
This subchapter does not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede any right or responsibility that a person has to affect the withholding or withdrawal of medical care.
(f)
This subchapter does not require any physician or other healthcare provider to take any action contrary to reasonable medical standards.
(g)
This subchapter does not condone, authorize, or approve mercy killing or euthanasia.
Acts 1987, No. 713, § 10; 1999, No. 1536, § 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 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-211 - When healthcare provider may presume validity of declaration

In the absence of knowledge to the contrary, a physician or other healthcare provider may presume that a declaration complies with this subchapter and is valid.
Acts 1987, No. 713, § 11.