Title 20 — Public Health and Welfare
63 chapters · 2,838 sections in this title.
Ark. Code Ann. § 20-16-707 Attendance of additional physician required
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(a) An abortion of a viable fetus shall be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for a child born as a result of the abortion. (b)…
Ark. Code Ann. § 20-16-801 Title
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This subchapter shall be known and may be cited as the “Parental Involvement Enhancement Act”.
Ark. Code Ann. § 20-16-802 Legislative findings and purpose
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(a) The General Assembly finds that:(1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;(2) The medical, emotional, and psychological consequences of abortion are sometimes serious and can be …
Ark. Code Ann. § 20-16-803 Definitions
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(1) As used in this subchapter:(1) (A) “Abortion” means the act of using or prescribing an 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 tho…
Ark. Code Ann. § 20-16-804 Notarized consent
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Except as otherwise provided in §§ 20-16-807 and 20-16-809, a physician shall not perform an abortion upon an unempancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency unless the physician first obtains the writt…
Ark. Code Ann. § 20-16-805 Manner of consent
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(a) A physician shall not perform an abortion upon a pregnant woman unless:(1) In the case of a woman who is less than eighteen (18) years of age, he or she obtains the notarized written consent of both the pregnant woman and one (1) of her parents or her legal guardian; or(2) In…
Ark. Code Ann. § 20-16-806 Proof of identification and relationship to pregnant woman
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(a) The physician who performs the abortion shall obtain from the parent or legal guardian entitled to consent:(1) Positive proof of identification in the form of a valid government-issued photo identification card; and(2) Written documentation that establishes that the parent or…
Ark. Code Ann. § 20-16-807 Notice post-emergency
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(a) (1) Consent is not required under this subchapter if the attending physician certifies in the medical record of the pregnant woman that a medical emergency exists and there is insufficient time to obtain the required consent.(2) However, within twenty-four (24) hours after th…
Ark. Code Ann. § 20-16-808 Venue
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The pregnant woman may petition a circuit court in the county in which she resides for a waiver of the consent requirement.
Ark. Code Ann. § 20-16-809 Judicial relief from requirement
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(a) The requirements and procedures of this subchapter are available to a pregnant woman regardless of whether the woman is a resident of the state. (b) Notwithstanding the provisions of §§ 20-16-803 — 20-16-806, if a pregnant minor or incompetent woman does not wish to obtain th…
Ark. Code Ann. § 20-16-810 Disclosure and consent form
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(a) Physicians shall use a form created by the Department of Health to obtain the consent required prior to performing an abortion on a pregnant woman. (b) A form is not valid and consent is not sufficient unless:(1) A parent or legal guardian initials each page of the form, indi…
Ark. Code Ann. § 20-16-811 Penalty
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(a) The performance of an abortion in violation of this subchapter or failure to report under § 20-16-814 shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required. (b) This subchapter does not allow the charging or conviction of…
Ark. Code Ann. § 20-16-812 Legislative intent
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This subchapter is not intended to create and shall not be construed to create an affirmative right to legal abortion.
Ark. Code Ann. § 20-16-813 When consent is not required
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A minor shall not be required to obtain consent under this subchapter if the guardianship or custody order has expired or is otherwise no longer in effect.
Ark. Code Ann. § 20-16-814 Additional information reported by abortion providers
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(a) In addition to other information reported by an abortion provider to the Department of Health, the following information shall be reported for each induced termination of pregnancy:(1) Whether parental consent was required;(2) Whether parental consent was obtained; and(3) Whe…
Ark. Code Ann. § 20-16-815 Construction
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(a) This subchapter does not create or recognize a right to abortion. (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.
Ark. Code Ann. § 20-16-816 Right of intervention
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The General Assembly, by joint resolution, may appoint one (1) or more of its members who sponsored or cosponsored this subchapter, as a matter of right and in his or her official capacity, to intervene to defend this law in any case in which its constitutionality is challenged.
Ark. Code Ann. § 20-16-817 Effective date
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This subchapter takes effect on January 1, 2016.