§ 20-16-1101. Title

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

§ 20-16-1102. Definitions

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 pregnancy if the termination is intended to: (i) Increase the […]

§ 20-16-1103. Unborn child pain awareness information

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 pregnant female by telephone or in person: (A) She has […]

§ 20-16-1104. Unborn child pain prevention

(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 analgesic would eliminate or alleviate organic pain to the […]

§ 20-16-1105. Printed information

(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 more: (B) The materials shall be objective, nonjudgmental, and […]

§ 20-16-1106. Requirements for department website

(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 tampering.

§ 20-16-1107. Procedure in case of medical emergency

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 death; or (2) A twenty-four-hour delay will create a serious risk of substantial […]

§ 20-16-1108. Reporting

(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, the number provided by telephone and the number […]

§ 20-16-1109. Penalties

(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 conviction of a Class A misdemeanor. (b) A penalty […]

§ 20-16-1110. Civil remedies

(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 abortion; or (3) A grandparent of […]

§ 20-16-1111. Protection of privacy in court proceedings

(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 from public disclosure. (b) (1) The court, upon […]