Title 20 — Public Health and Welfare

(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…

(a) All Title X-funded facilities in Arkansas shall include fertility awareness-based methods as part of covered family planning and reproductive health services. (b) (1) The Department of Health shall work with Title X-funded facilities to integrate fertility awareness-based met…

(a) As authorized by state or federal funding, the Department of Health shall integrate information about fertility awareness-based methods into existing public health programs, including:(1) Family planning services;(2) Maternal and child health programs; and(3) Women's health i…

It is the intent of this subchapter to establish a comprehensive statewide system of care addressing maternal health by organizing resources, educating providers and patients, incentivizing best practices, and collecting critical data to drive improvement.

(a) The Department of Health shall create a comprehensive statewide system of care addressing maternal health to be called the “Maternal Outcomes Management System”. (b) The Maternal Outcomes Management System shall without limitation:(1) (A) Research and organize maternal health…

(a) (1) As part of the Maternal Outcomes Management System, the Department of Health shall establish a grant program for birthing and delivery hospitals that includes a designation system for birthing and delivery hospitals based on the individual birthing and delivery hospital's…

The Department of Health shall establish a call center to be called the “MOMS Care Connect” to operate in conjunction with the Arkansas Trauma Call Center and to coordinate transfers of pregnant women between hospitals to ensure an appropriate level of care is provided.

(a) (1) The Department of Health shall establish a call center to be called the “Postpartum Support Hotline” to proactively reach out to mothers post-delivery.(2) The call center established in this section shall be separate from MOMS Care Connect established under § 20-16-2704.(…

This subchapter shall be known and may be cited as the “Race 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 or other person shall not intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely on the basis of the race of the unborn child. (b) Before performing an abortion, the physician or other pers…

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

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

(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. (b) In a criminal proceeding or…

(a) This subchapter shall not be construed as creating or recognizing 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 shall be known and may be cited as the “Arkansas Family Planning Act”.

(1) It is the declaration of the General Assembly that:(1) It is desirable that inhibitions and restrictions be eliminated so that all persons desiring and needing contraceptive procedures, supplies, and information shall have ready and practicable access thereto through legally …

(1) As used in this subchapter:(1) “Contraceptive procedures” means any medically accepted procedures designed to prevent conception; and(2) “Contraceptive supplies” means those medically approved items designed to prevent conception through chemical, mechanical, or other means. …

(1) It shall be the policy and authority of this state that:(1) All medically acceptable contraceptive procedures, supplies, and information shall be available through legally recognized channels to each person desirous of the procedures, supplies, and information regardless of s…

Subject to the rules of law applicable generally to negligence, no physician or surgeon licensed by this state shall be liable civilly or criminally by reason of having performed surgical sterilization authorized by the provisions of this subchapter upon any person in this state.

This subchapter shall not be applicable to the Department of Health.

(a) (1) Any bona fide appropriately licensed medical facility, including, but not limited to, a county hospital, participating in recognized research in Arkansas and the Centers for Disease Control and Prevention is expressly authorized to contract for the production of any infor…

The University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention shall have the power to enter into agreements with neighboring states consistent with the requirements and restrictions of this subchapter in order to…