Title 20 — Public Health and Welfare

This subchapter shall be known and may be cited as the “Down Syndrome Discrimination by Abortion Prohibition Act”.

(1) 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 an…

(a) A physician shall not intentionally perform or attempt to perform an abortion with the knowledge that a pregnant woman is seeking an abortion solely on the basis of:(1) A test result indicating Down Syndrome in an unborn child;(2) A prenatal diagnosis of Down Syndrome in an u…

A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class D felony.

(a) (1) A physician who knowingly violates this subchapter is liable for damages and shall have his or her medical license revoked as applicable.(2) The physician may also be enjoined from future acts prohibited by this subchapter. (1) A physician who knowingly violates this subc…

(a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation of this subchapter. (b) In a cri…

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 law is challenged.

(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 th…

The Arkansas Reproductive Health Monitoring System shall periodically prepare reports of its findings for dissemination to appropriate agencies and interested persons.

The Arkansas Reproductive Health Monitoring System is expressly prohibited from rendering patient care, promulgating any rule or regulation, or engaging in any regulatory activity.

(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…

This subchapter shall be known and may be cited as the “Prohibition of Public Funding of Human Cloning and Destructive Embryo Research Act”.

(a) The General Assembly finds that:(1) The prospect of creating new human life solely to be exploited or destroyed has been condemned on moral grounds as displaying a profound disrespect for a human life;(2) Destructive human embryo research reduces the status of human embryos t…

(1) As used in this subchapter:(1) (A) “Destructive embryo research” means medical procedures, scientific or laboratory research, or other types of investigation that kill or injure the human embryo subject of the procedure or research.(B) “Destructive embryo research” does not i…

(a) Public funds shall not be used to:(1) Finance human cloning or destructive embryo research, including destructive embryonic stem cell research;(2) Buy, receive, or otherwise transfer a human embryo with the knowledge that the embryo will be subject to destructive research; or…

(1) This subchapter does not restrict the funding of areas of scientific research not specifically prohibited by this subchapter, including without limitation:(1) In vitro fertilization and accompanying embryo transfer to the body of a woman;(2) Administration of fertility-enhanc…

(a) A person or entity that knowingly fails to comply with the provisions of this subchapter is guilty of a Class A misdemeanor. (b) A person or entity that knowingly fails to comply with the provisions of this subchapter shall be fined a civil penalty in the amount of one thousa…

(1) A taxpayer of this state or any political subdivision of this state shall have standing to bring suit to enforce this subchapter against:(1) The state, any official, department, division, agency, or political subdivision of this state; and(2) A recipient of public funds that …

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.

This subchapter shall be known and may be cited as the “Perinatal Palliative Care Information Act”.

(a) The General Assembly finds that:(1) As diagnosis of prenatal conditions improves, more lethal fetal anomalies are diagnosed earlier in pregnancy;(2) (A) Currently, parents are often given minimal options.(B) Parents must choose between terminating the pregnancy or simply wait…

(1) 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 an…

(a) Except in the case of a medical emergency, consent to an abortion when the unborn child has been diagnosed with a lethal fetal anomaly is voluntary and informed only if at least seventy-two (72) hours before the abortion:(1) The physician performing the abortion has verbally …

(a) A violation of this subchapter shall constitute unprofessional conduct and shall result in the revocation of a physician's license to practice medicine. (b) A violation of this subchapter may be used as the basis for:(1) Denying an application for licensure, certification, pe…

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.

This subchapter shall be known and may be cited as the “Every Mom Matters Act”.

(1) 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 an…

(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'…

(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…

(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 rece…

(1) 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 pe…

(a) The Department of Human Services shall:(1) (A) Before implementation of the services under § 20-8-1001 or the resource access assistance offer, create a program-specific website that describes the services offered by § 20-8-1001 and the resource access assistance offer.(B) Th…

(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 ea…

(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 …

(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 ma…

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.

(1) 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. (1) Create or recognize a right to abortion; (2) Crea…

This subchapter shall be known and may be cited as the “Informed Consent for Chemical Abortion Act”.

(1) 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, …

(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…

(a) (1) A healthcare provider or healthcare facility shall submit an individual reporting form to the Department of Health within fifteen (15) days after each month's end.(2) The healthcare provider shall sign each individual reporting form. (1) A healthcare provider or healthcar…

(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 p…

(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. (1) The State Board of Health shall adopt rules to implement this subchapter. (…

A person who purposely, knowingly, recklessly, or negligently violates this subchapter commits a Class A misdemeanor.

(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 act…

(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.

This subchapter shall be known and may be cited as the “Reproductive Empowerment and Support Through Optimal Restoration Act”.

(1) The General Assembly finds that:(1) There is a growing interest among women to proactively assess their overall health and understand how factors such as age and medical history contribute to reproductive health and fertility;(2) (A) Women are worthy of the highest standard o…

(1) As used in this subchapter:(1) “Assisted reproductive technology” means a treatment or procedure involving the handling of a human egg, sperm, or embryo outside of the body with the intent of facilitating a pregnancy, including:(A) Artificial insemination;(B) Intrauterine ins…

(1) Notwithstanding any other state law, a person or entity that receives state financial assistance or local government assistance shall not penalize, retaliate against, or otherwise discriminate against a healthcare provider on the basis that the healthcare provider does not or…