Definitions

Ark. Code Ann. § 5-61-403 — under Abortion.

Ark. Code Ann. § 5-61-403

(1) As used in this subchapter:(1) (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 (1)(A) of this section is not an abortion if the act is performed with the purpose 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) “Fertilization” means the fusion of a human spermatozoon with a human ovum;(3) (A) “Medical emergency” means a condition which, in reasonable medical judgment, complicates the medical condition of a pregnant woman to such an extent that termination of a pregnancy 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 itself.(B) “Medical emergency” does not include:(i) Conditions for which treatment is available that can, in reasonable medical judgement, be expected to preserve or sustain the life of the pregnant woman without ending the pregnancy;(ii) A psychological or emotional condition; or(iii) A medical diagnosis that is based on a claim made by the pregnant woman or based on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman;(4) “Reasonable medical judgment” means a medical judgment that would be made or medical action that would be undertaken by a reasonably prudent, qualified physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved; and(5) “Unborn child” means an individual organism of the species Homo sapiens from fertilization until live birth.

(1) (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 (1)(A) of this section is not an abortion if the act is performed with the purpose 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;

(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 (1)(A) of this section is not an abortion if the act is performed with the purpose 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;

(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) “Fertilization” means the fusion of a human spermatozoon with a human ovum;

(3) (A) “Medical emergency” means a condition which, in reasonable medical judgment, complicates the medical condition of a pregnant woman to such an extent that termination of a pregnancy 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 itself.(B) “Medical emergency” does not include:(i) Conditions for which treatment is available that can, in reasonable medical judgement, be expected to preserve or sustain the life of the pregnant woman without ending the pregnancy;(ii) A psychological or emotional condition; or(iii) A medical diagnosis that is based on a claim made by the pregnant woman or based on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman;

(A) “Medical emergency” means a condition which, in reasonable medical judgment, complicates the medical condition of a pregnant woman to such an extent that termination of a pregnancy 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 itself.

(B) “Medical emergency” does not include:(i) Conditions for which treatment is available that can, in reasonable medical judgement, be expected to preserve or sustain the life of the pregnant woman without ending the pregnancy;(ii) A psychological or emotional condition; or(iii) A medical diagnosis that is based on a claim made by the pregnant woman or based on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman;

(i) Conditions for which treatment is available that can, in reasonable medical judgement, be expected to preserve or sustain the life of the pregnant woman without ending the pregnancy;

(ii) A psychological or emotional condition; or

(iii) A medical diagnosis that is based on a claim made by the pregnant woman or based on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman;

(4) “Reasonable medical judgment” means a medical judgment that would be made or medical action that would be undertaken by a reasonably prudent, qualified physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved; and

(5) “Unborn child” means an individual organism of the species Homo sapiens from fertilization until live birth.