Title 20, Public Health and Welfare

(a) A physician may distribute information regarding organ and tissue donation to a pregnant woman when the unborn fetus is diagnosed with a fatal fetal condition which will result in death within three (3) months of birth. (b) The information shall include:(1) The telephone numb…

This subchapter shall be known and may be cited as the “Unborn Child Pain Awareness and Prevention Act”.

(1) As used in this subchapter:(1) (A) “Abortion” means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a female known to be pregnant.(B) However, “abortion” does not include the termination of a …

(1) Except in the case of a medical emergency:(1) At least twenty-four (24) hours before an abortion is performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregna…

(a) Except in the case of a medical emergency, before an abortion is performed on an unborn child whose gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female:(1) Whether an anesthetic or analg…

(a) (1) (A) The Department of Health shall publish in English and in each language that is the primary language of two percent (2%) or more of the state's population printed materials with the following statement concerning unborn children of twenty (20) weeks gestational age or …

(a) The Department of Health shall include on its website the information described in § 20-16-1105. (b) No information regarding persons who use the website shall be collected or maintained. (c) The department shall monitor the website on a daily basis to prevent and correct tam…

(1) If a medical emergency compels a physician to perform an abortion, the physician shall inform the pregnant female before the abortion is performed, if possible, of the medical indications supporting the physician's judgment that:(1) An abortion is necessary to prevent her dea…

(a) The Department of Health shall prepare a reporting form for physicians containing a reprint of this subchapter and listing:(1) (A) The number of females to whom the physician or an agent of the physician provided the information described in § 20-16-1103(1).(B) Of that number…

(a) A person who knowingly or recklessly performs or attempts to perform a termination of a pregnancy in violation of this subchapter or who fails to report under § 20-16-1108 shall be subject to disciplinary action by the Arkansas State Medical Board and is guilty upon convictio…

(a) An action seeking actual and punitive damages may be brought against a person who performed an abortion in knowing or reckless violation of this subchapter by:(1) Any person upon whom the abortion was performed;(2) The father of the unborn child who was the subject of the abo…

(a) In every civil or criminal action brought under this subchapter in which any female upon whom an abortion has been performed or attempted has not given her consent to disclosure of her identity, the court shall determine whether the anonymity of the female shall be preserved …

This subchapter shall be known and may be cited as the “Partial-Birth Abortion Ban Act”.

(1) As used in this subchapter:(1) “Partial-birth abortion” means an abortion in which the person performing the abortion:(A) Purposely vaginally delivers a living human fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the female…

(a) (1) Any person who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a Class D felony.(2) This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical di…

(a) (1) After proper notice and an opportunity to be heard, the Arkansas State Medical Board may assess a civil fine against a physician who violates this subchapter.(2) The civil fine shall not exceed:(A) Twenty-five thousand dollars ($25,000) for the first violation;(B) Fifty t…

(a) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus, may obtain appropriate relief in a civil ac…

(a) A physician accused of a violation of this subchapter may seek a hearing before the Arkansas State Medical Board to determine whether the physician's conduct was necessary to save the life of the female under § 20-16-1203. (b) Findings from a hearing held under subsection (a)…

(a) In every proceeding or action under this subchapter, the circuit court shall rule whether the anonymity of any female upon whom a partial-birth abortion is performed should be preserved from public disclosure if the female does not give her consent to the disclosure. (b) (1) …

This subchapter shall be known and may be cited as the “Arkansas Human Heartbeat Protection Act”.

(1) As used in this subchapter:(1) “Contraceptive” means a device, drug, or chemical that prevents fertilization;(2) “Fetus” means the human offspring developing during pregnancy from the moment of fertilization and includes the embryonic stage of development;(3) “Heartbeat” mean…

(a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat. (b) (1) A person autho…

(a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human individual whose heartbeat has been detected under § 20-16-1303 and is …

(a) A person does not violate this subchapter if the person:(1) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman;(2) (A) Has undertaken an examination for the…

(1) This subchapter does not:(1) Subject a pregnant female on whom an abortion is performed or attempted to be performed to any criminal prosecution or civil penalty; or(2) Prohibit the sale, use, prescription, or administration of a measure, drug, or chemical designed for contra…

If a state or federal court of competent jurisdiction voids a provision of this subchapter as unconstitutional, the effective date of that provision shall be tolled until that provision has been upheld as valid by an appellate tribunal.

This subchapter shall be known and may be cited as the “Pain-Capable Unborn Child Protection Act”.

(1) As used in this subchapter:(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device:(A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to:(i) Increase the probability of a live bi…

(1) The General Assembly finds that:(1) Pain receptors known as nociceptors are present throughout the unborn child's entire body by no later than sixteen (16) weeks after fertilization, and nerves link these receptors to the brain's thalamus and subcortical plate by no later tha…

(a) (1) Except in the case of a medical emergency, an abortion shall not be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable post-fertilization age of the unborn…

(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 physicia…

(a) (1) A physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health on a schedule and in accordance with rules adopted by the department.(2) The report required under subdivision (a)(1) of this section shall include wi…

(a) A person who purposely, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this subchapter is guilty of a Class D felony. (b) A penalty may not be assessed against the woman upon whom the abortion is performed or induced …

(a) (1) A woman upon whom an abortion has been performed in violation of this subchapter or the father of the unborn child who was the subject of an abortion in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed o…

(a) In every civil or criminal proceeding or action brought under this subchapter, the court shall rule whether the anonymity of a woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she do…

(a) Since it is the intent of the state to assert two (2) separate and independent compelling state interests, those in protecting the lives of viable unborn children and protecting the lives of unborn children from the stage at which substantial medical evidence indicates that t…

This subchapter may be known and cited as the “Abortion-Inducing Drugs Safety Act”.

(a) The General Assembly finds that:(1) The use of abortion-inducing drugs, including the Mifeprex regimen, also known as “RU-486” or “mifepristone”, presents significant medical risks, including without limitation incomplete abortion, sepsis or other infections, uterine hemorrha…

(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 th…

(a) Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician following procedures set out in this subchapter. (b) It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing …

(a) If a physician provides an abortion-inducing drug to another for the purpose of inducing an abortion as authorized in § 20-16-1504 and if the physician knows that the woman who uses the abortion-inducing drug for the purpose of inducing an abortion experiences an adverse even…

(a) A person who intentionally, knowingly, or recklessly violates a provision of this subchapter is guilty of a Class A misdemeanor. (b) A criminal penalty may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed.

(a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for:(1) A civil malpractice action for actual and punitive damages;(2) A professional disciplinary …

(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.

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.

This subchapter takes effect on January 1, 2016.