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(a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman.
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(b)
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(1) A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman.
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(2) The findings of the board are admissible in any court proceedings under this subchapter.
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(3) Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section.
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(c) The following individuals are excluded from liability under this subchapter:
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(1) A woman who receives or attempts to receive a dismemberment abortion;
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(2) A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and
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(3) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician.
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(d) This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest.
