Stricken language would be deleted from and underlined language would be added to present law.
*JMB006* 11/20/2024 9:27:50 AM JMB006
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1011 3
4
By: Representative A. Collins 5
6
7
For An Act To Be Entitled 8
AN ACT TO CREATE THE RESTORE ROE ACT; TO RESTORE A 9
WOMAN'S ACCESS TO ABORTION SERVICES; TO PROTECT THE 10
HEALTH AND SAFETY OF WOMEN AND BABIES BY AUTHORIZING 11
ABORTION AND REPRODUCTIVE HEALTH CARE IN CERTAIN 12
CIRCUMSTANCES; AND FOR OTHER PURPOSES. 13
14
15
Subtitle 16
TO CREATE THE RESTORE ROE ACT; AND TO 17
RESTORE A WOMAN'S ACCESS TO ABORTION 18
SERVICES. 19
20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
22
SECTION 1. DO NOT CODIFY. TITLE. 23
This act shall be known and may be cited as the "Restore Roe Act". 24
25
SECTION 2. DO NOT CODIFY. Legislative intent. 26
It is the intent of the General Assembly to protect a woman’s right to 27
obtain abortion services up to the point of fetal viability, as provided for 28
in the United States Constitution, according to the United States Supreme 29
Court in the 1973 decision Roe v. Wade, 410 U.S. 113, 162 (1973), with 30
limited exceptions following fetal viability for the health or life of the 31
mother or in case of rape or incest perpetrated on a minor. 32
33
SECTION 3. Arkansas Code Title 5, Chapter 61, Subchapter 3, is 34
repealed. 35
Subchapter 3 — Arkansas Human Life Protection Act 36 HB1011
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1
5-61-301. Title. 2
This subchapter shall be known and may be cited as the “Arkansas Human 3
Life Protection Act”. 4
5
5-61-302. Legislative findings and intent. 6
(a) The General Assembly finds that: 7
(1) It is time for the United States Supreme Court to redress 8
and correct the grave injustice and the crime against humanity which is being 9
perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned 10
Parenthood v. Casey; 11
(2) The United States Supreme Court committed a grave injustice 12
and a crime against humanity in the Dred Scott decision by denying personhood 13
to a class of human beings, African -Americans; 14
(3) The United States Supreme Court also committed a grave 15
injustice and a crime against humanity by upholding the “separate but equal” 16
doctrine in Plessy v. Ferguson which withdrew legal protection from a class 17
of human beings who were persons under the United States Constitution, 18
African-Americans; 19
(4) A crime against humanity occurs when a government withdraws 20
legal protection from a class of human beings resulting in severe deprivation 21
of their rights, up to and including death; 22
(5) In Brown v. Board of Education, the United States Supreme 23
Court corrected its own grave injustice and crime against humanity created in 24
Plessy v. Ferguson by overruling and abolishing the fifty -eight-year-old 25
“separate but equal” doctrine, thus giving equal legal rights to African -26
Americans; 27
(6) Under the doctrine of stare decisis, the three (3) abortion 28
cases mentioned in subdivision (a)(1) of this section meet the test for when 29
a case should be overturned by the United States Supreme Court because of 30
significant changes in facts or laws, including without limitation the 31
following: 32
(A) The cases have not been accepted by scholars, judges, 33
and the American people, as witnessed to by the fact that these cases are 34
still the most intensely controversial cases in American history and at the 35
present time; 36 HB1011
3 11/20/2024 9:27:50 AM
(B) New scientific advances have demonstrated since 1973 1
that life begins at the moment of conception and the child in a woman's womb 2
is a human being; 3
(C) Scientific evidence and personal testimonies document 4
the massive harm that abortion causes to women; 5
(D) The laws in all fifty (50) states have now changed 6
through “Safe Haven” laws to eliminate all burden of child care from women 7
who do not want to care for a child; and 8
(E) Public attitudes favoring adoption have created a 9
culture of adoption in the United States with many families waiting long 10
periods of time to adopt newborn infants; 11
(7) Before the United States Supreme Court decision of Roe v. 12
Wade, Arkansas had already enacted prohibitions on abortions under § 5 -61-101 13
et seq., and authorized the refusal to perform, participate, consent, or 14
submit to an abortion under § 20 -16-601; 15
(8) Arkansas Constitution, Amendment 68, states that the policy 16
of Arkansas is to protect the life of every unborn child from conception 17
until birth and that public funds shall not be used to pay for any abortion 18
except to save the life of the mother; 19
(9) Arkansas passed the Arkansas Human Heartbeat Protection Act, 20
§ 20-16-1301 et seq., in 2013 which shows the will of the Arkansas people to 21
save the lives of unborn children; 22
(10) Arkansas has continued to pass additional legislation in 23
2015 and 2017 that further shows the will of the Arkansas people to save the 24
lives of unborn children; 25
(11)(A) Since the decision of Roe v. Wade, approximately 26
sixty million sixty-nine thousand nine hundred seventy -one (60,069,971) 27
abortions have ended the lives of unborn children. 28
(B) In 2015, six hundred thirty -eight thousand one hundred 29
sixty-nine (638,169) legal induced abortions were reported to the Centers for 30
Disease Control and Prevention from forty -nine (49) reporting areas in the 31
United States. 32
(C) The Department of Health reports that three thousand 33
two hundred forty-nine (3,249) abortions took place in Arkansas during 2017, 34
including abortions performed on out -of-state residents; and 35
(12) The State of Arkansas urgently pleads with the United States 36 HB1011
4 11/20/2024 9:27:50 AM
Supreme Court to do the right thing, as it did in one of its greatest cases, 1
Brown v. Board of Education, which overturned a fifty -eight-year-old 2
precedent of the United States, and reverse, cancel, overturn, and annul Roe 3
v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey. 4
(b) It is the intent of this subchapter to ensure that abortion in 5
Arkansas is abolished and protect the lives of unborn children. 6
7
5-61-303. Definitions. 8
As used in this subchapter: 9
(1)(A) “Abortion” means the act of using, prescribing, 10
administering, procuring, or selling of any instrument, medicine, drug, or 11
any other substance, device, or means with the purpose to terminate the 12
pregnancy of a woman, with knowledge that the termination by any of those 13
means will with reasonable likelihood cause the death of the unborn child. 14
(B) An act under subdivision (1)(A) of this section is not 15
an abortion if the act is performed with the purpose to: 16
(i) Save the life or preserve the health of the 17
unborn child; 18
(ii) Remove a dead unborn child caused by spontaneous 19
abortion; or 20
(iii) Remove an ectopic pregnancy; 21
(2) “Fertilization” means the fusion of a human spermatozoon 22
with a human ovum; 23
(3) “Medical emergency” means a condition in which an abortion 24
is necessary to preserve the life of a pregnant woman whose life is 25
endangered by a physical disorder, physical illness, or physical injury, 26
including a life-endangering physical condition caused by or arising from the 27
pregnancy itself; and 28
(4) “Unborn child” means an individual organism of the species 29
Homo sapiens from fertilization until live birth. 30
31
5-61-304. Prohibition. 32
(a) A person shall not purposely perform or attempt to perform an 33
abortion except to save the life of a pregnant woman in a medical emergency. 34
(b) Performing or attempting to perform an abortion is an unclassified 35
felony with a fine not to exceed one hundred thousand dollars ($100,000) or 36 HB1011
5 11/20/2024 9:27:50 AM
imprisonment not to exceed ten (10) years, or both. 1
(c) This section does not: 2
(1) Authorize the charging or conviction of a woman with any 3
criminal offense in the death of her own unborn child; or 4
(2) Prohibit the sale, use, prescription, or administration of a 5
contraceptive measure, drug, or chemical if the contraceptive measure, drug, 6
or chemical is administered before the time when a pregnancy could be 7
determined through conventional medical testing and if the contraceptive 8
measure, drug, or chemical is sold, used, prescribed, or administered in 9
accordance with manufacturer instructions. 10
(d) It is an affirmative defense to prosecution under this section if 11
a licensed physician provides medical treatment to a pregnant woman which 12
results in the accidental or unintentional injury or death to the unborn 13
child. 14
15
SECTION 4. Arkansas Code Title 5, Chapter 61, Subchapter 4, is 16
repealed. 17
Subchapter 4 — Arkansas Unborn Child Protection Act 18
19
5-61-401. Title. 20
This subchapter shall be known and may be cited as the “Arkansas Unborn 21
Child Protection Act”. 22
23
5-61-402. Legislative findings and intent. 24
(a) The General Assembly finds that: 25
(1) It is time for the United States Supreme Court to redress 26
and correct the grave injustice and the crime against humanity which is being 27
perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned 28
Parenthood v. Casey; 29
(2) The United States Supreme Court committed a grave injustice 30
and a crime against humanity in the Dred Scott decision by denying personhood 31
to a class of human beings, African -Americans; 32
(3) The United States Supreme Court also committed a grave 33
injustice and a crime against humanity by upholding the “separate but equal” 34
doctrine in Plessy v. Ferguson, which withdrew legal protection from a class 35
of human beings who were persons under the United States Constitution, 36 HB1011
6 11/20/2024 9:27:50 AM
African-Americans; 1
(4) A crime against humanity occurs when a government withdraws 2
legal protection from a class of human beings, resulting in severe 3
deprivation of their rights, up to and including death; 4
(5) In Brown v. Board of Education, the United States Supreme 5
Court corrected its own grave injustice and crime against humanity created in 6
Plessy v. Ferguson by overruling and abolishing the fifty -eight-year-old 7
“separate but equal” doctrine, thus giving equal legal rights to African -8
Americans; 9
(6) Under the doctrine of stare decisis, the three (3) abortion 10
cases mentioned in subdivision (a)(1) of this section meet the test for when 11
a case should be overturned by the United States Supreme Court because of 12
significant changes in facts or laws, including without limitation the 13
following: 14
(A) The cases have not been accepted by scholars, judges, 15
and the American people, as witnessed to by the fact that these cases are 16
still the most intensely controversial cases in American history and at the 17
present time; 18
(B) New scientific advances have demonstrated since 1973 19
that life begins at the moment of conception and that the child in a woman's 20
womb is a human being; 21
(C) Scientific evidence and personal testimonies document 22
the massive harm that abortion causes to women; 23
(D) The laws in all fifty (50) states have now changed 24
through “Safe Haven” laws to eliminate all burden of child care from women 25
who do not want to care for a child; and 26
(E) Public attitudes favoring adoption have created a 27
culture of adoption in the United States, with many families waiting long 28
periods of time to adopt newborn infants; 29
(7) Before the United States Supreme Court decision of Roe v. 30
Wade, Arkansas had already enacted prohibitions on abortions under § 5 -61-101 31
et seq., and authorized the refusal to perform, participate, consent, or 32
submit to an abortion under § 20 -16-601; 33
(8) Arkansas Constitution, Amendment 68, states that the policy 34
of Arkansas is to protect the life of every unborn child from conception 35
until birth and that public funds shall not be used to pay for any abortion, 36 HB1011
7 11/20/2024 9:27:50 AM
except to save the life of the mother; 1
(9) Arkansas passed the Arkansas Human Heartbeat Protection Act, 2
§ 20-16-1301 et seq., in 2013, which shows the will of the Arkansas people to 3
save the lives of unborn children; 4
(10) Arkansas has continued to pass additional legislation in 5
2015, 2017, and 2019 that further shows the will of the Arkansas people to 6
save the lives of unborn children; 7
(11)(A) Since the decision of Roe v. Wade, approximately 8
sixty million sixty-nine thousand nine hundred seventy -one (60,069,971) 9
abortions have ended the lives of unborn children. 10
(B) In 2015, six hundred thirty -eight thousand one hundred 11
sixty-nine (638,169) legal induced abortions were reported to the Centers for 12
Disease Control and Prevention from forty -nine (49) reporting areas in the 13
United States. 14
(C) The Department of Health reports that two thousand 15
nine hundred sixty-three (2,963) abortions took place in Arkansas during 16
2019, including abortions performed on out -of-state residents; and 17
(12) The State of Arkansas urgently pleads with the United States 18
Supreme Court to do the right thing, as they did in one of their greatest 19
cases, Brown v. Board of Education, which overturned a fifty -eight-year-old 20
precedent of the United States, and reverse, cancel, overturn, and annul Roe 21
v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey. 22
(b) It is the intent of this subchapter to ensure that abortion in 23
Arkansas is abolished and to protect the lives of unborn children. 24
25
5-61-403. Definitions. 26
As used in this subchapter: 27
(1)(A) “Abortion” means the act of using, prescribing, 28
administering, procuring, or selling of any instrument, medicine, drug, or 29
any other substance, device, or means with the purpose to terminate the 30
pregnancy of a woman, with knowledge that the termination by any of those 31
means will with reasonable likelihood cause the death of the unborn child. 32
(B) An act under subdivision (1)(A) of this section is not 33
an abortion if the act is performed with the purpose to: 34
(i) Save the life or preserve the health of the 35
unborn child; 36 HB1011
8 11/20/2024 9:27:50 AM
(ii) Remove a dead unborn child caused by spontaneous 1
abortion; or 2
(iii) Remove an ectopic pregnancy; 3
(2) “Fertilization” means the fusion of a human spermatozoon 4
with a human ovum; 5
(3) “Medical emergency” means a condition in which an abortion 6
is necessary to preserve the life of a pregnant woman whose life is 7
endangered by a physical disorder, physical illness, or physical injury, 8
including a life-endangering physical condition caused by or arising from the 9
pregnancy itself; and 10
(4) “Unborn child” means an individual organism of the species 11
Homo sapiens from fertilization until live birth. 12
13
5-61-404. Prohibition. 14
(a) A person shall not purposely perform or attempt to perform an 15
abortion except to save the life of a pregnant woman in a medical emergency. 16
(b) Performing or attempting to perform an abortion is an unclassified 17
felony with a fine not to exceed one hundred thousand dollars ($100,000) or 18
imprisonment not to exceed ten (10) years, or both. 19
(c) This section does not: 20
(1) Authorize the charging or conviction of a woman with any 21
criminal offense in the death of her own unborn child; or 22
(2) Prohibit the sale, use, prescription, or administration of a 23
contraceptive measure, drug, or chemical if the contraceptive measure, drug, 24
or chemical is administered before the time when a pregnancy could be 25
determined through conventional medical testing and if the contraceptive 26
measure, drug, or chemical is sold, used, prescribed, or administered in 27
accordance with manufacturer instructions. 28
(d) It is an affirmative defense to prosecution under this section if 29
a licensed physician provides medical treatment to a pregnant woman which 30
results in the accidental or unintentional physical injury or death to the 31
unborn child. 32
33
SECTION 5. Arkansas Code § 12 -12-315(a)(1)(O), concerning notification 34
of certain types of deaths, is amended to read as follows: 35
(O) The death is due to a criminal an illegal abortion; 36 HB1011
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1
SECTION 6. Arkansas Code § 12 -18-210 is repealed. 2
12-18-210. Prohibition on intentionally causing, aiding, abetting, or 3
assisting a child to obtain an abortion without parental consent. 4
(a)(1) A person shall not intentionally cause, aid, or assist a child 5
to obtain an abortion without the consent or notification regarding judicial 6
bypass of the requirement for consent under §§ 20 -16-801, 20-16-804, and 20-7
16-805. 8
(2) Subdivision (a)(1) of this section does not affect § 20 -16-9
808. 10
(b)(1) A person who violates subsection (a) of this section shall be 11
civilly liable to the child and to the person or persons required to give the 12
consent under § 20-16-801. 13
(2) A court may award: 14
(A) Damages to the person or persons adversely affected by 15
a violation of subsection (a) of this section, including compensation for 16
emotional injury without the need for personal presence at the act or event; 17
and 18
(B) Attorney's fees, litigation costs, and punitive 19
damages. 20
(3) An adult who engages in or consents to another person's 21
engaging in a sexual act with a child in violation of the Arkansas Criminal 22
Code, § 5-1-101 et seq., that results in the child's pregnancy shall not be 23
awarded damages under this section. 24
(c) An unemancipated child does not have capacity to consent to any 25
action in violation of this section. 26
(d) Upon a petition by any person adversely affected or who reasonably 27
may be adversely affected by the conduct, a court of competent jurisdiction 28
may enjoin conduct that would violate this section upon a showing that the 29
conduct: 30
(1) Is reasonably anticipated to occur in the future; or 31
(2) Has occurred in the past, whether with the same child or 32
others, and that it is not unreasonable to expect that the conduct will be 33
repeated. 34
35
SECTION 7. Arkansas Code § 16 -93-1802(2)(B)(lv) is repealed. 36 HB1011
10 11/20/2024 9:27:50 AM
(lv) Performing an abortion in violation of the 1
Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20 -16-2
1801 et seq. 3
4
SECTION 8. Arkansas Code § 17 -95-409(a)(2)(D), concerning the grounds 5
for denial, suspension, or revocation of a physician's license, is amended to 6
read as follows: 7
(D) Procuring or aiding or abetting in procuring a 8
wrongful and criminal illegal abortion; 9
10
SECTION 9. Arkansas Code § 19 -6-301, concerning the enumeration of 11
special revenues, is amended to add an additional subdivision to read as 12
follows: 13
(276) Abortion clinic license fees, § 20 -9-302; 14
15
SECTION 10. Arkansas Code § 20 -9-302 is amended to read as follows: 16
20-9-302. Abortion clinics, health centers, etc. — Definitions. 17
(a)(1)(A)(i) A hospital shall not perform an abortion unless the 18
abortion is to save the life of the pregnant woman in a medical emergency 19
under § 5-61-304 or § 5-61-404. 20
(ii) An abortion permitted under § 5 -61-304 or § 5-21
61-404 shall not be performed or attempted unless the abortion takes place in 22
a hospital or an emergency room. 23
(B) As used in subdivision (a)(1)(A) of this section: 24
(i)(a) “Abortion” means the act of using, 25
prescribing, administering, procuring, or selling of any instrument, 26
medicine, drug, or any other substance, device, or means with the purpose to 27
terminate the pregnancy of a woman, with knowledge that the termination by 28
any of those means will with reasonable likelihood cause the death of the 29
unborn child. 30
(b) An act under subdivision (a)(1)(B)(i)(a) 31
of this section is not an abortion if the act is performed with the purpose 32
to: 33
(1) Save the life or preserve the health 34
of the unborn child; 35
(2) Remove a dead unborn child caused by 36 HB1011
11 11/20/2024 9:27:50 AM
spontaneous abortion; or 1
(3) Remove an ectopic pregnancy; and 2
(ii) “Medical emergency” means a condition in which 3
an abortion is necessary to preserve the life of a pregnant woman whose life 4
is endangered by a physical disorder, physical illness, or physical injury, 5
including a life-endangering physical condition caused by or arising from the 6
pregnancy. 7
(2)(A) The Department of Health shall inspect a clinic, health 8
center, or other facility at least annually, and inspections shall include 9
without limitation: 10
(i) The facilities, equipment, and conditions of a 11
clinic, health center, or other facility; and 12
(ii) A representative sample of procedures, 13
techniques, medical records, informed consent signatures, and parental 14
consent signatures. 15
(B) An inspector shall arrive at the clinic, health 16
center, or other facility unannounced and without prior notice. 17
(b) The department shall: 18
(1) Adopt appropriate rules, regarding without limitation the 19
facilities, equipment, procedures, techniques, medical records, informed 20
consent signatures, parental consent signatures, and conditions of a clinic, 21
health center, or other facility subject to the provisions of this section to 22
assure at a minimum that: 23
(A) The facilities, equipment, procedures, techniques, and 24
conditions of the clinic, health center, or other facility are aseptic and do 25
not constitute a health hazard; 26
(B) The medical records, informed consent signatures, and 27
parental consent signatures meet statutory requirements; 28
(C) The clinic, health center, or other facility provides 29
to the patient on a twenty -four-hour basis telephone consultation with a 30
registered nurse or physician associated with the clinic, health center, or 31
other facility; 32
(D) The clinic, health center, or other facility has a 33
written procedure for emergency transfer of a patient to an acute care 34
facility, including a medical record form that contains information required 35
for an emergency transfer to an acute care facility; 36 HB1011
12 11/20/2024 9:27:50 AM
(E) The clinic, health center, or other facility is within 1
thirty (30) miles of a hospital that provides gynecological or surgical 2
services; 3
(F) The clinic, health center, or other facility has 4
drugs, oxygen, intravenous fluids, and other emergency equipment on -site and 5
readily available to stabilize a patient if necessary; and 6
(G) All staff at the clinic, health center, or other 7
facility have documented current competency in cardiopulmonary resuscitation; 8
(2) Levy and collect an annual fee of five hundred dollars 9
($500) per facility for issuance of a permanent license to an abortion 10
facility; and 11
(3)(A) Deny, suspend, or revoke licenses on any of the following 12
grounds: 13
(i) The violation of any provision of law or rule; 14
or 15
(ii) The permitting, aiding, or abetting of the 16
commission of any unlawful act in connection with the operation of the 17
institutions. 18
(B)(i) If the department determines to deny, suspend, or 19
revoke a license, the department shall send to the applicant or licensee, by 20
certified mail, a notice setting forth the particular reasons for the 21
determination. 22
(ii) The denial, suspension, or revocation shall 23
become final thirty (30) days after the mailing of the notice unless the 24
applicant or licensee gives written notice within the thirty -day period of a 25
desire for hearing. 26
(iii)(a) The department shall issue an 27
immediate suspension of a license if an investigation or survey determines 28
that: 29
(1) The applicant or licensee is in 30
violation of any state law or rule; and 31
(2) The violation or violations pose an 32
imminent threat to the health, welfare, or safety of a patient. 33
(b)(1) The department shall give the applicant 34
or licensee written notice of the immediate suspension. 35
(2) The suspension of the license is 36 HB1011
13 11/20/2024 9:27:50 AM
effective upon the receipt of the written notice. 1
(iv) The denial, suspension, or revocation order 2
shall remain in effect until all violations have been corrected. 3
(C) The applicant or licensee shall: 4
(i) Be given a fair hearing; and 5
(ii) Have the right to present evidence as may be 6
proper. 7
(D)(i) On the basis of the evidence at the hearing, the 8
determination involved shall be affirmed or set aside. 9
(ii) A copy of the decision, setting forth the 10
finding of facts and the particular grounds upon which it is based, shall be 11
sent by certified mail to the applicant or licensee. 12
(iii) The decision shall become final fifteen (15) 13
days after it is mailed unless the applicant or licensee, within the fifteen -14
day period, appeals the decision to the court. 15
(E) A full and complete record of all proceedings shall be 16
kept and all testimony shall be reported, but it need not be transcribed 17
unless the decision is appealed or a transcript is requested by an interested 18
party who shall pay the cost of preparing the transcript. 19
(F) Witnesses may be subpoenaed by either party and shall 20
be allowed fees at a rate prescribed by rule. 21
(G) The procedure governing hearings authorized by this 22
section shall be in accordance with rules promulgated by the department. 23
(a)(1) A clinic, health center, or other facility in which the 24
pregnancies of ten (10) or more women known to be pregnant are willfully 25
terminated or aborted each month, including nonsurgical abortions, shall be 26
licensed by the Department of Health. 27
(2) The facilities, equipment, procedures, techniques, and 28
conditions of the clinic, health center, or other facility are subject to 29
periodic inspection by the department. 30
(b) The department may adopt appropriate rules, regarding the 31
facilities, equipment, procedures, techniques, and conditions of a clinic, 32
health center, or other facility licensed under this section to ensure that 33
the facilities, equipment, procedures, techniques, and conditions of the 34
clinic, health center, or other facility are aseptic and do not constitute a 35
health hazard. 36 HB1011
14 11/20/2024 9:27:50 AM
(c) The department may levy and collect an annual fee of five hundred 1
dollars ($500) per facility for issuance of a permanent license to an 2
abortion facility. 3
(c)(1)(d)(1) Applicants for a license shall file applications upon 4
such forms as are prescribed by the department. 5
(2) A license shall be issued only for the premises and persons 6
in the application and shall not be transferable. 7
(d)(1)(e)(1) A license shall be effective on a calendar -year basis and 8
shall expire on December 31 of each calendar year. 9
(2) Applications for annual license renewal shall be postmarked 10
no later than January 2 of the succeeding calendar year. 11
(3) License applications for existing institutions received 12
after that date shall be subject to a penalty of two dollars ($2.00) per day 13
for each day after January 2. 14
(e)(f) Subject to such rules as may be implemented by the Chief Fiscal 15
Officer of the State, the disbursing officer for the department may transfer 16
all unexpended funds relative to the abortion clinics that pertain to fees 17
collected, as certified by the Chief Fiscal Officer of the State, to be 18
carried forward and made available for expenditures for the same purpose for 19
any following fiscal year. 20
(f)(g) All fees levied and collected under this section are special 21
revenues and shall be deposited into the State Treasury to be credited to the 22
Public Health Fund. 23
(g) The department shall: 24
(1) Send all abortion data collected under state law to the 25
Centers for Disease Control and Prevention; 26
(2) Record and report to the Centers for Disease Control and 27
Prevention all instances of a suspension of a physician's license related to 28
abortions or abortion facilities; and 29
(3) Make available to the public via the Division of Vital 30
Records the following information: 31
(A) All abortion data collected under state law; and 32
(B) All instances of a suspension of a physician's license 33
related to abortions or abortion facilities. 34
(h)(1) A person who notifies an abortion facility that the department 35
may or will conduct its inspection on a specific date or time shall be guilty 36 HB1011
15 11/20/2024 9:27:50 AM
upon conviction of a Class A misdemeanor. 1
(2) A person who knowingly conceals or removes information that 2
is relevant to an inspection of an abortion facility shall be guilty upon 3
conviction of a Class A misdemeanor. 4
(i) All inspections of abortion facilities shall be conducted by at 5
least two (2) persons at the same time. 6
7
SECTION 11. Arkansas Code § 20 -9-312 is repealed. 8
20-9-312. Written agreements of abortion facility. 9
(a)(1) An abortion facility shall enter into a written agreement with 10
a licensed acute care hospital that is capable of treating patients with 11
unforeseen complications related to procedures performed at an abortion 12
facility. 13
(2) Under the written agreement described in subdivision (a)(1) 14
of this section, the licensed acute care hospital shall agree to accept and 15
treat patients with unforeseen complications related to procedures performed 16
at an abortion facility. 17
(3) The written agreement described in subdivision (a)(1) of 18
this section shall: 19
(A) Be with a licensed acute care hospital located: 20
(i) In the same county as the abortion facility; or 21
(ii) No further than thirty (30) miles from the 22
abortion facility; 23
(B) Be a legally binding contractual document; 24
(C) Be signed by the individuals who: 25
(i) Are authorized to execute the written agreement 26
on behalf of the abortion facility and the licensed acute care hospital; and 27
(ii) Certify that they have the authority described 28
in subdivision (a)(3)(C)(i) of this section; 29
(D) Require transfer of a patient if deemed medically 30
necessary by the attending physician; 31
(E) Identify responsibilities of the abortion facility in 32
which the abortion facility shall at a minimum: 33
(i) At the time of transfer, provide the licensed 34
acute care hospital with complete and accurate information regarding the 35
patient being transferred to the licensed acute care hospital; 36 HB1011
16 11/20/2024 9:27:50 AM
(ii) Notify the licensed acute care hospital of the 1
impending transfer of a patient and receive confirmation of the availability 2
of appropriate facilities, services, and staff necessary for the care of the 3
patient; 4
(iii) At the time of the transfer, provide the 5
licensed acute care hospital with copies of relevant portions of the 6
patient's clinical record; 7
(iv) Transfer the patient, the patient's medical 8
records, demographic information, insurance information, and other 9
information deemed necessary or otherwise required by law to facilitate the 10
provision of medical care when the patient arrives at the licensed acute care 11
hospital; and 12
(v) Arrange for the immediate transfer of the 13
patient's personal effects, including a document listing the effects; and 14
(F) Identify responsibilities of the licensed acute care 15
hospital in which the licensed acute care hospital shall at a minimum: 16
(i) Provide prompt and appropriate evaluation and 17
treatment of a patient transferred to the licensed acute care hospital under 18
the written agreement; 19
(ii) Accept responsibility for the patient's care 20
when the patient is received by the licensed acute care hospital; 21
(iii) Direct charges performed by the licensed acute 22
care hospital to the patient or the patient's third -party payer; and 23
(iv) Acknowledge receipt of the patient's personal 24
effects in writing signed by an authorized representative of the licensed 25
acute care hospital and deliver the receipt to the abortion facility. 26
(b) If an unforeseen complication arises before or during a procedure 27
performed at an abortion facility, the patient shall be transferred to: 28
(1) The licensed acute care hospital with which the abortion 29
facility has a written agreement as described in subsection (a) of this 30
section; or 31
(2) A hospital selected by the patient. 32
(c)(1) An abortion facility shall enter into a written agreement with 33
a licensed local ambulance service for the transport of any emergency patient 34
within the scope of subsection (a) of this section to the licensed acute care 35
hospital. 36 HB1011
17 11/20/2024 9:27:50 AM
(2) The written agreement described in subdivision (c)(1) of 1
this section shall: 2
(A) Be with a licensed local ambulance service located: 3
(i) In the same county as the abortion facility; or 4
(ii) No further than five (5) miles or ten (10) 5
minutes' normal driving time from the abortion facility; 6
(B) Be signed by the individuals who: 7
(i) Are authorized to execute the written agreement 8
on behalf of the abortion facility and the licensed local ambulance service; 9
and 10
(ii) Certify that they have the authority described 11
in subdivision (c)(2)(B)(i) of this section; and 12
(C) Identify responsibilities of the licensed local 13
ambulance service in which the licensed local ambulance service shall at a 14
minimum: 15
(i) Provide services in accordance with all federal 16
and state laws, federal regulations, and state rules applicable to emergency 17
service entities; 18
(ii) Employ sufficient staff, including paramedics 19
and emergency medical technicians, to provide patient care and operate 20
vehicles and equipment in accordance with industry standards and applicable 21
federal and state laws, federal regulations, and state rules; 22
(iii) Require all responding medical personnel to 23
familiarize themselves with the floor plan of the abortion facility to 24
minimize the time required to locate the patient in the facility and exit the 25
facility with the patient as expeditiously as possible; 26
(iv) Acknowledge the existence of and the licensed 27
local ambulance service's familiarity with the terms of the written agreement 28
between the abortion facility and the licensed acute care hospital; and 29
(v) Transport the patient to the licensed acute care 30
hospital that is party to the written agreement unless otherwise directed by 31
the patient. 32
(d) Within ten (10) days of finalization of the written agreements 33
described in subsections (a) and (c) of this section, the abortion facility 34
shall file the written agreements described in subsections (a) and (c) of 35
this section with the Department of Health. 36 HB1011
18 11/20/2024 9:27:50 AM
(e) An abortion facility shall have ninety (90) days after July 28, 1
2021, to come into compliance with this section. 2
(f)(1) An abortion facility applying for a renewal license or an 3
applicant for a provisional license may submit a request in writing for 4
extensions of time to comply with the written agreement requirements 5
described in subsections (a) and (c) of this section to the Secretary of the 6
Department of Health in accordance with the provisions of this subsection. 7
(2) Any request shall: 8
(A) Be in writing; 9
(B) Contain a certification under oath that the abortion 10
facility seeking the extension of time has exhausted all reasonable efforts 11
to obtain a written agreement described in subsections (a) and (c) of this 12
section for a continuous ninety -calendar-day period before the request; and 13
(C) Contain a detailed description of the efforts taken to 14
secure the written agreements described in subsections (a) and (c) of this 15
section. 16
(3) In deciding to grant or deny the request for an extension of 17
time, the secretary shall consider all factors the secretary deems relevant 18
under the circumstances, but at least the following factors: 19
(A) Whether the abortion facility or applicant made, and 20
continues to make, a good faith effort to obtain a written agreement 21
described in subsections (a) and (c) of this section; 22
(B) Whether the abortion facility or applicant can provide 23
the same level of patient care and safety via alternative health services 24
during any extension period; and 25
(C) Regulatory compliance history at the abortion facility 26
and at any other healthcare facility owned, in whole or in part, by the 27
applicant or any other individual or entity having an ownership interest with 28
the abortion facility. 29
(4) If the request is granted, the extension of time shall be 30
effective for a time period of ninety (90) calendar days from the date of 31
issuance. 32
(5) The secretary may rescind a previously granted extension of 33
time at any time upon determining that the abortion facility or applicant has 34
not met, or is not meeting, the conditions of subdivision (f)(3) of this 35
section. 36 HB1011
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(6) If the request is for a written agreement described in 1
subsection (a) of this section, the written agreement described in subsection 2
(c) of this section does not have to comply with subdivisions (c)(2)(C)(iv) 3
and (v) of this section for the duration of the extension of time. 4
(7)(A) If a request for an extension is denied, an abortion 5
facility or applicant shall have ten (10) calendar days to submit a written 6
request for reconsideration to the secretary, whose decision shall be final. 7
(B) The abortion facility or applicant for provisional 8
license may appeal a denial in accordance with the Arkansas Administrative 9
Procedure Act, § 25-15-201 et seq. 10
(g)(1) This section does not create or recognize a right to abortion. 11
(2) This section is not intended to make lawful an abortion that 12
is currently unlawful. 13
14
SECTION 12. Arkansas Code § 20 -16-602 is repealed. 15
20-16-602. Right-to-Know-and-See Act — Right to view ultrasound image 16
before abortion — Definitions. 17
(a) This section shall be known and may be cited as the “Right -to-18
Know-and-See Act”. 19
(b) As used in this section: 20
(1)(A) “Abortion” means the act of using or prescribing any 21
instrument, medicine, drug, or any other substance, device, or means with the 22
intent to terminate the clinically diagnosable pregnancy of a woman, with 23
knowledge that the termination by any of those means will with reasonable 24
likelihood cause the death of the unborn child. 25
(B) An act under subdivision (b)(1)(A) of this section is 26
not an abortion if the act is performed with the intent to: 27
(i) Save the life or preserve the health of the 28
unborn child or the pregnant woman; 29
(ii) Remove a dead unborn child caused by spontaneous 30
abortion; or 31
(iii) Remove an ectopic pregnancy; 32
(2) “Attempt to perform or induce an abortion” means an act or 33
an omission of a statutorily required act that, under the circumstances as 34
the actor believes them to be, constitutes a substantial step in a course of 35
conduct planned to culminate in the performance or induction of an abortion 36 HB1011
20 11/20/2024 9:27:50 AM
in this state in violation of this section; 1
(3)(A) “Medical emergency” means a condition that, in reasonable 2
medical judgment, so complicates the medical condition of the pregnant woman 3
that it necessitates the abortion of her pregnancy to avert: 4
(i) The death of the pregnant woman; or 5
(ii) Serious risk of substantial and irreversible 6
physical impairment of a major bodily function, not including psychological 7
or emotional conditions. 8
(B) “Medical emergency” does not include a condition based 9
on a claim or diagnosis that a pregnant woman will engage in conduct that she 10
intends to result in her death or in substantial and irreversible physical 11
impairment of a major bodily function; 12
(4) “Qualified technician” means: 13
(A) A registered diagnostic medical sonographer who is 14
certified in obstetrics and gynecology by the American Registry for 15
Diagnostic Medical Sonography; or 16
(B) A certified nurse midwife or advanced practice 17
registered nurse with certification in obstetrical ultrasonography; 18
(5) “Reasonable medical judgment” means a medical judgment that 19
would be made by a reasonably prudent physician knowledgeable about the case 20
and the treatment possibilities with respect to the medical conditions 21
involved; and 22
(6) “Unborn child” means the offspring of human beings from 23
conception until birth. 24
(c)(1) An abortion provider who knowingly performs or refers for an 25
abortion shall comply with the requirements of this section. 26
(2) Before a pregnant woman gives informed consent to an 27
abortion or is referred for or administered any anesthesia or medication in 28
preparation of an abortion, the physician or qualified technician shall: 29
(A) Perform an obstetric ultrasound on the pregnant woman 30
using a method that the physician and the pregnant woman agree is best under 31
the circumstances; 32
(B)(i) Provide a simultaneous verbal explanation of what 33
the ultrasound is depicting that includes the presence and location of the 34
unborn child within the uterus and the number of unborn children depicted. 35
(ii) If the ultrasound image indicates that the 36 HB1011
21 11/20/2024 9:27:50 AM
unborn child has died, the physician or qualified technician shall inform the 1
pregnant woman of that fact; 2
(C) Display the ultrasound images so that the pregnant 3
woman may view them and document in the pregnant woman's medical record that 4
the ultrasound images were displayed to the pregnant woman; 5
(D) Provide a medical description of the ultrasound 6
images, including the dimensions of the unborn child and the presence of 7
external members and internal organs if present and viewable; and 8
(E) Retain the ultrasound image with the date that the 9
ultrasound occurred in the pregnant woman's medical record. 10
(d)(1) The Department of Health shall quarterly inspect the records to 11
ensure compliance with this section. 12
(2) The department shall: 13
(A) Fine an abortion facility: 14
(i) One thousand five hundred dollars ($1,500) for 15
the first violation in a thirty -six-month period; 16
(ii) Three thousand dollars ($3,000) for the second 17
violation in a thirty -six-month period; and 18
(iii) Five thousand dollars ($5,000) for the third 19
violation in a thirty -six-month period; and 20
(B) Suspend the license of an abortion facility for six 21
(6) months for the fourth violation in a thirty -six-month period. 22
(3) Upon notification from the department of a violation by a 23
physician, the Arkansas State Medical Board shall: 24
(A) Fine a physician: 25
(i) One thousand five hundred dollars ($1,500) for 26
the first violation in a thirty -six-month period; 27
(ii) Three thousand dollars ($3,000) for the second 28
violation in a thirty -six-month period; and 29
(iii) Five thousand dollars ($5,000) for the third 30
violation in a thirty -six-month period; and 31
(B) Suspend the license of a physician for six (6) months 32
for the fourth violation in a thirty -six-month period. 33
(e)(1) This section does not: 34
(A) Prevent a pregnant woman from averting her eyes or 35
looking away from the ultrasound images required to be provided to and 36 HB1011
22 11/20/2024 9:27:50 AM
reviewed by the pregnant woman; or 1
(B)(i) Apply in the case of a medical emergency. 2
(ii) Upon a determination by the physician that a 3
medical emergency exists with respect to the pregnant woman, the physician 4
shall certify the specific medical conditions that constitute the medical 5
emergency. 6
(iii) A physician or abortion provider that willfully 7
falsifies a certification under subdivision (e)(1)(B)(ii) of this section is 8
subject to penalties under this section. 9
(2) A physician or pregnant woman is not subject to a penalty if 10
the pregnant woman declines to look at the presented ultrasound images. 11
12
SECTION 13. Arkansas Code § 20 -16-603 is repealed. 13
20-16-603. Drug-induced abortions — Procedures — Penalties — Causes of 14
action — Definitions. 15
(a) As used in this section: 16
(1) “Abortion” means the use or prescription of an instrument, 17
medicine, drug, or another substance or device to terminate the pregnancy of 18
a woman known to be pregnant with an intention other than to increase the 19
probability of a live birth, to preserve the life or health of the child 20
after live birth, or to remove a dead unborn child who died in utero as the 21
result of natural causes, accidental trauma, or a criminal assault on the 22
pregnant woman or her unborn child, and that causes the premature termination 23
of the pregnancy; 24
(2) “Attempt to perform or induce an abortion” means an act or 25
an omission of a statutorily required act that, under the circumstances as 26
the physician believes them to be, constitutes a substantial step toward the 27
performance or induction of an abortion in violation of this section; 28
(3) “Mifepristone” means the specific abortion -inducing drug 29
regimen known as RU-486; and 30
(4) “Physician” means a natural person licensed to practice 31
medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 32
17-95-201 et seq., § 17-95-301 et seq., and § 17 -95-401 et seq. 33
(b)(1) When mifepristone or another drug or chemical regimen is used 34
to induce an abortion, the initial administration of the drug or chemical 35
shall occur in the same room and in the physical presence of the physician 36 HB1011
23 11/20/2024 9:27:50 AM
who prescribed, dispensed, or otherwise provided the drug or chemical to the 1
patient. 2
(2) The physician who induces the abortion, or a person acting 3
on behalf of the physician who induces the abortion, shall make all 4
reasonable efforts to ensure that the patient returns twelve (12) to eighteen 5
(18) days after the administration or use of mifepristone or another drug or 6
chemical for a follow -up visit so that the physician can confirm that the 7
pregnancy has been terminated and can assess the patient's medical condition. 8
(3) A brief description of the efforts made to comply with this 9
section, including the date, time, and identification by name of the person 10
making the efforts, shall be included in the patient's medical record. 11
(c) This section does not affect telemedicine practice that does not 12
involve the use of mifepristone or another drug or chemical to induce an 13
abortion. 14
(d)(1) If the Arkansas State Medical Board finds that a physician 15
licensed by the board has violated the rules of professional conduct by 16
performing an abortion in violation of this subchapter, the board shall 17
revoke the physician's license. 18
(2) A penalty shall not be assessed against the woman upon whom 19
the abortion is performed or attempted to be performed. 20
(e)(1)(A) A woman who receives an abortion, the father of the unborn 21
child who was the subject of the abortion if the father was married to the 22
woman who received the abortion at the time the abortion was performed, or a 23
maternal grandparent of the unborn child may maintain an action against the 24
person who performed the abortion in violation of this section for actual and 25
punitive damages. 26
(B) A woman who attempts to receive an abortion in 27
violation of this section may maintain an action against the person who 28
attempted to perform the abortion for actual and punitive damages. 29
(2)(A) Upon petition by any citizen in the county in which an 30
alleged violation of this section occurred or in which the defendant resides, 31
a court may enjoin a healthcare professional who has knowingly or recklessly 32
violated this section. 33
(B) An injunction under subdivision (e)(2)(A) of this 34
section shall prevent the abortion provider from performing further abortions 35
in violation of this section. 36 HB1011
24 11/20/2024 9:27:50 AM
(f)(1) If a judgment is rendered in favor of the plaintiff who 1
prevails in an action under subsection (e) of this section, the court shall 2
award reasonable attorney's fees and costs in favor of the plaintiff against 3
the defendant. 4
(2) If a judgment is rendered in favor of the defendant and the 5
court finds that the plaintiff's suit was frivolous and brought in bad faith, 6
the court shall order the plaintiff to pay reasonable attorney's fees to the 7
defendant. 8
(g) A pregnant woman who obtains or possesses mifepristone or another 9
drug or chemical used for the purpose of inducing an abortion to terminate 10
her pregnancy shall not be subject to an action under subsection (e) of this 11
section. 12
(h)(1) In a civil proceeding or action brought under this section, the 13
court shall determine if the anonymity of a woman who receives or attempts to 14
receive an abortion shall be preserved from public disclosure without her 15
consent. 16
(2)(A) Upon determining that the woman's anonymity shall be 17
preserved, the court shall issue an order to the parties, witnesses, and 18
counsel and shall direct the sealing of the record and exclusion of 19
individuals from courtrooms or hearing rooms to the extent necessary to 20
safeguard the woman's identity from public disclosure. 21
(B) An order under subdivision (h)(2)(A) of this section 22
shall be accompanied by specific written findings explaining: 23
(i) Why the anonymity of the woman should be 24
preserved from public disclosure; 25
(ii) Why the order is essential to that end; 26
(iii) How the order is narrowly tailored to serve 27
that interest; and 28
(iv) Why no reasonable, less restrictive alternative 29
exists. 30
(C) In the absence of written consent of the woman who 31
receives or attempts to receive an abortion, anyone other than a public 32
official who brings an action under subsection (e) of this section shall 33
bring the action under a pseudonym. 34
(D) This subsection does not conceal the identity of the 35
plaintiff or of a witness from the defendant. 36 HB1011
25 11/20/2024 9:27:50 AM
(i) This section does not create or recognize a right to abortion. 1
2
SECTION 14. Arkansas Code § 20 -16-605 is repealed. 3
20-16-605. Reporting requirements for abortion complications — 4
Definitions. 5
(a) As used in this section: 6
(1)(A) “Abortion complication” means any harmful event or 7
adverse outcome with respect to a patient related to an abortion that is 8
performed on the patient and that is diagnosed or treated by a physician or 9
at a healthcare facility. 10
(B) “Abortion complication” includes without limitation: 11
(i) Shock; 12
(ii) Uterine perforation; 13
(iii) Cervical laceration; 14
(iv) Hemorrhage; 15
(v) Aspiration or allergic response; 16
(vi) Infection; 17
(vii) Sepsis; 18
(viii) Death; 19
(ix) Incomplete abortion; 20
(x) Damage to the uterus; and 21
(xi) An infant born alive after an abortion 22
procedure; and 23
(2) “Healthcare facility” means a hospital, abortion facility, 24
or healthcare facility that provides emergency medical care. 25
(b) This section applies only to: 26
(1) A physician who: 27
(A) Performs at an abortion facility an abortion that 28
results in an abortion complication diagnosed or treated by the physician; or 29
(B) Diagnoses or treats at an abortion facility an 30
abortion complication that is the result of an abortion performed by another 31
physician at the abortion facility; and 32
(2) A healthcare facility. 33
(c)(1)(A) A physician described under subdivision (b)(1) of this 34
section shall electronically submit to the Department of Health a report on 35
each abortion complication diagnosed or treated by the physician not later 36 HB1011
26 11/20/2024 9:27:50 AM
than the end of the third business day after the date on which the abortion 1
complication was diagnosed or treated. 2
(B) A healthcare facility described under subdivision 3
(b)(2) of this section shall electronically submit to the department a report 4
on each abortion complication diagnosed or treated by the healthcare facility 5
not later than the thirtieth day after the date on which the abortion 6
complication was diagnosed or treated. 7
(2) The reports described in subdivision (c)(1) of this section 8
shall: 9
(A) Be submitted in the form and manner prescribed by rule 10
of the department; 11
(B) Identify the name of the physician submitting the 12
report or the name and type of healthcare facility submitting the report; 13
(C) Not identify by any means the physician performing the 14
abortion or the patient on whom the abortion was performed; 15
(D) Include the most specific, accurate, and complete 16
reporting for the highest level of specificity; and 17
(E) Include the following information, if known, for each 18
abortion complication: 19
(i) The date of the abortion that caused or may have 20
caused the abortion complication; 21
(ii) The type of abortion that caused or may have 22
caused the abortion complication; 23
(iii) The gestational age of the fetus at the time 24
that the abortion was performed; 25
(iv) The name and type of healthcare facility in 26
which the abortion was performed; 27
(v) The date the abortion complication was diagnosed 28
or treated; 29
(vi) The name and type of any healthcare facility 30
other than the reporting healthcare facility in which the abortion 31
complication was diagnosed or treated; 32
(vii) A description of the abortion complication; 33
(viii) The patient's year of birth, race, marital 34
status, state of residence, and county of residence; 35
(ix) The date of the first day of the patient's last 36 HB1011
27 11/20/2024 9:27:50 AM
menstrual period that occurred before the date of the abortion that caused or 1
may have caused the abortion complication, if known; 2
(x) The number of previous live births of the 3
patient; and 4
(xi) The number of previous induced abortions of the 5
patient. 6
(3) An event associated with a medical procedure performed after 7
a natural miscarriage, spontaneous abortion, or fetal death is not subject to 8
reporting under this section. 9
(d)(1) The department shall develop and publish on the website of the 10
department an annual report that aggregates on a statewide basis each 11
abortion complication reported under this section. 12
(2) The annual report shall not include any duplicative data. 13
(e)(1) The information and records held by the department under this 14
section are confidential and shall not be disclosed under the Freedom of 15
Information Act of 1967, § 25 -19-101 et seq. 16
(2) The information and records shall be released only in the 17
following circumstances: 18
(A) For statistical purposes, but only if a person, 19
patient, or healthcare facility is not identified; 20
(B) With the consent of each person, patient, and 21
healthcare facility identified in the information released; 22
(C) For the purpose of enforcing this section, to medical 23
personnel, appropriate state agencies, county courts, or district courts; or 24
(D) For the purpose of enforcing state licensing laws, to 25
appropriate state licensing boards. 26
(f)(1) A physician or healthcare facility that violates this section 27
is subject to a civil penalty of five hundred dollars ($500) for each 28
violation. 29
(2) The Attorney General, at the request of the department or 30
appropriate licensing board, may file an action to recover a civil penalty 31
assessed under subdivision (f)(1) of this section and may recover attorney's 32
fees and costs incurred in bringing the civil action. 33
(3) Each day of a continuing violation shall constitute a 34
separate violation. 35
(4) A third separate violation of this section shall constitute 36 HB1011
28 11/20/2024 9:27:50 AM
grounds for: 1
(A) Revocation or suspension of the physician's or the 2
healthcare facility's license, permit, registration, certificate, or other 3
authority; or 4
(B) Other disciplinary action against the physician or 5
healthcare facility by the appropriate licensing board. 6
(5) The department shall notify the Arkansas State Medical Board 7
of any violations of this section by a physician. 8
9
SECTION 15. Arkansas Code § 20 -16-607 is amended to read as follows: 10
20-16-607. In custody or guardianship of state. 11
(a) A state agency shall not : 12
(1) Consent to or approve the termination of a pregnancy for a 13
pregnant woman in the custody or guardianship of the state; or 14
(2) Authorize authorize the expenditure of state funds for the 15
purpose of paying for the termination of a pregnancy for a pregnant woman in 16
the custody of the state except to save the life of the pregnant woman, or as 17
required by federal law. 18
(b) A pregnant woman in the custody or guardianship of the state, her 19
family, or a third-party payer is responsible for all costs, including 20
transportation costs, associated with a medical appointment, or any 21
subsequent healthcare service determined necessary, related to the 22
termination of her pregnancy, except as required by federal law. 23
(c) A state agency may be involved in a court proceeding related to 24
the consideration by the court of whether to approve the termination of a 25
pregnancy for a pregnant woman in the custody or guardianship of the state. 26
(d) A state agency under this section shall report annually to the 27
Senate Committee on Public Health, Welfare, and Labor and the House Committee 28
on Public Health, Welfare, and Labor the number of any terminations of 29
pregnancies that occurred for women in the custody or guardianship of the 30
state agency. 31
(e)(1)(d) A state agency under this section shall promulgate rules 32
necessary to implement this section. 33
(2)(A) When adopting the initial rules to implement this 34
section, the final rule shall be filed with the Secretary of State for 35
adoption under § 25-15-204(f): 36 HB1011
29 11/20/2024 9:27:50 AM
(i) On or before January 1, 2020; or 1
(ii) If approval under § 10 -3-309 has not occurred by 2
January 1, 2020, as soon as practicable after approval under § 10 -3-309. 3
(B) A state agency shall file the proposed rule with the 4
Legislative Council under § 10 -3-309(c) sufficiently in advance of January 1, 5
2020, so that the Legislative Council may consider the rule for approval 6
before January 1, 2020. 7
8
SECTION 16. Arkansas Code § 20 -16-608 is repealed. 9
20-16-608. Reporting data on abortions to save life of mother. 10
A physician, healthcare provider, or abortion facility shall report to 11
the Department of Health the number of abortions performed to save the life 12
of the mother. 13
14
SECTION 17. Arkansas Code § 20 -16-701 is amended to read as follows: 15
20-16-701. Legislative intent — Construction. 16
(a) It is the intention of the General Assembly to regulate abortions 17
in a manner consistent with the decisions of the United States Supreme Court. 18
(b) All provisions and all terms shall be construed so as to be 19
consistent with those decisions protect a woman’s right to obtain abortion 20
services up to the point of fetal viability, as provided for in the United 21
States Constitution, according to the United States Supreme Court in the 1973 22
decision Roe v. Wade, 410 U.S. 113, 162 (1973), with limited exceptions 23
following fetal viability for the health or life of the mother or in case of 24
rape or incest perpetrated on a minor . 25
26
SECTION 18. Arkansas Code § 20-16-702(1), concerning the definition of 27
"abortion" related to the prohibition of an abortion of a viable fetus, is 28
amended to read as follows: 29
(1)(A) “Abortion” means the intentional termination of the 30
pregnancy of a mother with an intention other than to increase the 31
probability of a live birth or to remove a dead or dying fetus the use or 32
prescription of any instrument, medicine, drug, or other substance or device 33
intentionally to terminate the pregnancy of a female known to be pregnant. 34
(B) "Abortion" does not include the termination of a 35
pregnancy if the termination is intended to: 36 HB1011
30 11/20/2024 9:27:50 AM
(i) Increase the probability of a live birth; 1
(ii) Save the life or preserve the health of the 2
child after a live birth; 3
(iii) Remove a dead fetus caused by spontaneous 4
miscarriage; or 5
(iv) Remove an ectopic pregnancy ; 6
7
SECTION 19. Arkansas Code § 20 -16-705(c), concerning the exceptions to 8
the prohibition of an abortion of a viable fetus, is amended to read as 9
follows: 10
(c)(1) This subchapter shall not prohibit the abortion of a viable 11
fetus if the pregnancy is the result of rape or incest perpetrated on a minor 12
when documentation is presented that states that the crime has been reported 13
to law enforcement. 14
(2) The physician or abortion facility shall: 15
(A) File the documentation that a crime has been 16
reported to law enforcement in the pregnant woman's medical record; and 17
(B) Report to the Department of Health the number of 18
abortions performed because of rape or incest. 19
20
SECTION 20. Arkansas Code § 20 -16-704 is repealed. 21
20-16-704. Penalty. 22
(a) A violation of this subchapter shall be a Class A misdemeanor. 23
(b) Nothing in this subchapter shall be construed to allow the 24
charging or conviction of a woman with any criminal offense in the death of 25
her own unborn child in utero. 26
27
SECTION 21. Arkansas Code Title 20, Chapter 16, Subchapter 8, is 28
repealed. 29
Subchapter 8 — Abortion — Parental Involvement Enhancement Act 30
31
20-16-801. Title. 32
This subchapter shall be known and may be cited as the “Parental 33
Involvement Enhancement Act”. 34
35
20-16-802. Legislative findings and purpose. 36 HB1011
31 11/20/2024 9:27:50 AM
(a) The General Assembly finds that: 1
(1) Immature minors often lack the ability to make fully 2
informed choices that take into account both immediate and long -range 3
consequences; 4
(2) The medical, emotional, and psychological consequences of 5
abortion are sometimes serious and can be lasting, particularly when the 6
minor is immature; 7
(3) The capacity to become pregnant and the capacity for mature 8
judgment concerning the wisdom of an abortion are not necessarily related; 9
(4) Parents ordinarily possess information essential to a 10
physician's exercise of his or her best medical judgment concerning the minor 11
daughter; 12
(5) Parents who are aware that their minor daughter has had an 13
abortion may better ensure that she receives adequate medical attention after 14
her abortion; and 15
(6) Parental consultation is usually desirable and in the best 16
interests of the minor. 17
(b) Based on the findings in subsection (a) of this section, the 18
General Assembly's purposes in enacting this enhancement to the State of 19
Arkansas's parental notice law are to further the important and compelling 20
state interests of: 21
(1) Protecting minors against their own immaturity; 22
(2) Fostering family unity and preserving the family as a viable 23
social unit; 24
(3) Protecting the constitutional rights of parents to rear 25
children who are members of their household; 26
(4) Reducing teenage pregnancy and abortion; and 27
(5) In light of the foregoing statements of purpose, allowing 28
for judicial bypasses of the parental notice requirement to be made only in 29
exceptional or rare circumstances. 30
31
20-16-803. Definitions. 32
As used in this subchapter: 33
(1)(A) “Abortion” means the act of using or prescribing an 34
instrument, medicine, drug, or any other substance, device, or means with the 35
intent to terminate the clinically diagnosable pregnancy of a woman, with 36 HB1011
32 11/20/2024 9:27:50 AM
knowledge that the termination by those means will with reasonable likelihood 1
cause the death of the unborn child. 2
(B) An act under subdivision (1)(A) of this section is not 3
an abortion if the act is performed with the intent to: 4
(i) Save the life or preserve the health of the 5
unborn child; 6
(ii) Remove a dead unborn child caused by spontaneous 7
abortion; or 8
(iii) Remove an ectopic pregnancy; 9
(2) “Coercion” means restraining or dominating the choice of a 10
pregnant woman by force, threat of force, or deprivation of food and shelter; 11
(3) “Consent” means: 12
(A) In the case of a pregnant woman who is less than 13
eighteen (18) years of age, a notarized written statement signed by the 14
pregnant woman and her mother, father, or legal guardian declaring that the 15
pregnant woman intends to seek an abortion and that her mother, father, or 16
legal guardian consents to the abortion; or 17
(B) In the case of a pregnant woman who is an incompetent 18
person, a notarized written statement signed by the pregnant woman's guardian 19
declaring that the guardian consents to the performance of an abortion upon 20
the pregnant woman; 21
(4) “Emancipated minor” means a person less than eighteen (18) 22
years of age who is or has been married or who has been legally emancipated; 23
(5) “Incompetent” means a person who has been adjudged a 24
disabled person and has had a guardian appointed for her; 25
(6) “Medical emergency” means a condition that, on the basis of 26
the physician's good -faith clinical judgment, complicates the medical 27
condition of a pregnant woman so as to necessitate the immediate abortion of 28
her pregnancy to avert her death or for which a delay will create serious 29
risk of substantial and irreversible impairment of a major bodily function; 30
(7) “Minor” means an individual under eighteen (18) years of 31
age; 32
(8) “Parent” means: 33
(A) Either parent of the pregnant woman if both parents 34
are living; 35
(B) One (1) parent of the pregnant woman if only one (1) 36 HB1011
33 11/20/2024 9:27:50 AM
is living or if the second parent cannot be located through reasonably 1
diligent effort; or 2
(C) The court-appointed guardian or custodian if the 3
pregnant woman has one; 4
(9) “Physician” means a person licensed to practice medicine in 5
this state, including a medical doctor or a doctor of osteopathy; and 6
(10) “Pregnant woman” means a pregnant minor or pregnant 7
incompetent woman. 8
9
20-16-804. Notarized consent. 10
Except as otherwise provided in §§ 20 -16-807 and 20-16-809, a physician 11
shall not perform an abortion upon an unempancipated minor or upon a woman 12
for whom a guardian or custodian has been appointed because of a finding of 13
incompetency unless the physician first obtains the written consent of either 14
parent or the legal guardian or custodian. 15
16
20-16-805. Manner of consent. 17
(a) A physician shall not perform an abortion upon a pregnant woman 18
unless: 19
(1) In the case of a woman who is less than eighteen (18) years 20
of age, he or she obtains the notarized written consent of both the pregnant 21
woman and one (1) of her parents or her legal guardian; or 22
(2) In the case of woman who is an incompetent person, the 23
physician first obtains the notarized written consent of her legal guardian. 24
(b) The notarized written consent shall include without limitation the 25
following information: 26
(1) The name and birthdate of the minor or incompetent woman; 27
(2) The name of the parent or legal guardian; 28
(3) A statement from the parent or legal guardian that he or she 29
is aware that the minor or incompetent woman desires an abortion and that he 30
or she does consent to the abortion; and 31
(4) The date. 32
33
20-16-806. Proof of identification and relationship to pregnant woman. 34
(a) The physician who performs the abortion shall obtain from the 35
parent or legal guardian entitled to consent: 36 HB1011
34 11/20/2024 9:27:50 AM
(1) Positive proof of identification in the form of a valid 1
government-issued photo identification card; and 2
(2) Written documentation that establishes that the parent or 3
legal guardian is the lawful parent or legal guardian of the pregnant woman. 4
(b) A photocopy of the proof of identification of the parent or legal 5
guardian and the written documentation that establishes the relationship of 6
the parent or legal guardian to the pregnant woman shall be kept in the 7
medical file of the pregnant woman for five (5) years past the age of 8
majority of the pregnant woman, but in no event less than seven (7) years. 9
(c) The physician who performs the abortion after receiving parental 10
consent under this subchapter shall execute for inclusion in the medical 11
record of the pregnant woman an affidavit stating the following: “I, (Insert 12
the name of physician who performed the abortion), certify that according to 13
my best information and belief, a reasonable person under similar 14
circumstances would rely on the information presented by both the pregnant 15
woman and her parent or legal guardian as sufficient evidence of identity and 16
relationship.” 17
18
20-16-807. Notice post-emergency. 19
(a)(1) Consent is not required under this subchapter if the attending 20
physician certifies in the medical record of the pregnant woman that a 21
medical emergency exists and there is insufficient time to obtain the 22
required consent. 23
(2) However, within twenty -four (24) hours after the completion 24
of the abortion, the physician shall notify one (1) of the parents or the 25
legal guardian of the minor or incompetent woman in the manner provided in 26
this subchapter that a medical emergency abortion was performed on the 27
pregnant woman and of the circumstances that warranted invocation of this 28
section. 29
(b)(1) Unless the minor or incompetent woman gives notice of her 30
intent to seek a judicial waiver under § 20 -16-809, the physician shall 31
verbally inform the parent or legal guardian of the minor or incompetent 32
woman within twenty-four (24) hours after the performance of a medical 33
emergency abortion that an abortion was performed on the minor or incompetent 34
woman. 35
(2) The physician shall: 36 HB1011
35 11/20/2024 9:27:50 AM
(A) Inform the parent or legal guardian of the basis for 1
the certification of the physician required under subsection (a) of this 2
section and provide details regarding any additional risks to the pregnant 3
woman; and 4
(B) Send a written notice of the performed abortion to the 5
last known address of the parent or legal guardian by certified mail with 6
restricted delivery and return receipt requested. 7
(c) If the minor or incompetent woman gives notice to the physician of 8
her intent to seek a judicial waiver under this subchapter, the physician 9
shall: 10
(1) File a notice with a judge of a court that the minor has 11
given notice; and 12
(2) Provide the information to the court that the physician 13
would have been required to provide to the parent or legal guardian under 14
subsection (b) of this section if the minor or incompetent woman had not 15
given her intent to seek a judicial waiver. 16
(d)(1) The court shall expeditiously schedule a confidential 17
conference with notice to the minor or incompetent woman and the physician. 18
(2) If the minor or incompetent woman is able to participate in 19
the proceedings, the court shall advise the minor or incompetent woman that 20
she has the right to a court-appointed counsel and, upon her request, shall 21
provide the minor or incompetent with a court -appointed counsel. 22
(3) If the minor or incompetent woman is unable to participate 23
in the proceedings, the court shall appoint counsel on behalf of the minor or 24
incompetent woman. 25
(e)(1) After an appropriate hearing, the court, taking into account 26
the medical condition of the minor or incompetent woman, shall set a deadline 27
by which the minor or incompetent woman may file a petition or motion under 28
this subchapter. 29
(2) The court may subsequently extend the deadline in light of 30
the medical condition of the minor or incompetent woman or other equitable 31
considerations. 32
(3) If the minor or incompetent woman does not file a petition 33
or motion by the deadline, either in the court or in another court with a 34
copy filed in the original court, the court shall direct that the court clerk 35
provide the notice to the parent or legal guardian. 36 HB1011
36 11/20/2024 9:27:50 AM
1
20-16-808. Venue. 2
The pregnant woman may petition a circuit court in the county in which 3
she resides for a waiver of the consent requirement. 4
5
20-16-809. Judicial relief from requirement. 6
(a) The requirements and procedures of this subchapter are available 7
to a pregnant woman regardless of whether the woman is a resident of the 8
state. 9
(b) Notwithstanding the provisions of §§ 20 -16-803 — 20-16-806, if a 10
pregnant minor or incompetent woman does not wish to obtain the consent of 11
one (1) or both parents or the guardian or custodian, then: 12
(1)(A) The pregnant woman may petition a circuit court for a 13
waiver of the consent requirement and may participate in the proceedings on 14
her own behalf. 15
(B) However, the court shall advise the pregnant woman 16
that she has a right to a court -appointed counsel and, upon her request, 17
shall provide her with such counsel. 18
(C) The court may appoint a guardian ad litem for the 19
pregnant woman. 20
(D) A guardian ad litem appointed under this subchapter 21
shall act to maintain the confidentiality of the proceedings; 22
(2)(A) When the petitioner is a minor, the petition shall 23
include a statement that the minor is pregnant and unempancipated. 24
(B) The petition shall include a statement that consent 25
has not been waived and that the pregnant woman wishes to abort the fetus 26
without obtaining consent under this subchapter; 27
(3) The pregnant woman shall have the right to file her petition 28
in the circuit court using a pseudonym or using solely her initials; 29
(4)(A) The court proceedings under this section shall be 30
confidential and shall ensure the anonymity of the minor or incompetent 31
woman. 32
(B) All court proceedings under this section shall be 33
sealed and all documents related to the petition shall be confidential and 34
shall not be available to the public; 35
(5) These proceedings shall be given precedence over other 36 HB1011
37 11/20/2024 9:27:50 AM
pending matters to the extent necessary to ensure that the court reaches a 1
decision promptly and without delay as to serve the best interests of the 2
pregnant minor or incompetent woman; 3
(6) The judge shall make in writing specific factual findings 4
and legal conclusions supporting the decision and shall order a record of the 5
evidence to be maintained, including the findings and conclusions of the 6
judge; 7
(7)(A) An expedited confidential appeal shall be available to 8
any pregnant minor or incompetent woman for whom the court denies an order 9
authorizing an abortion without consent. 10
(B) An order authorizing an abortion without consent shall 11
not be subject to appeal; and 12
(8) A filing fee shall not be required of any pregnant minor or 13
incompetent woman at either the trial or the appellate level. 14
(c)(1)(A) If the court finds by clear and convincing evidence that the 15
pregnant woman is both sufficiently mature and well -informed to decide 16
whether to have an abortion, the court shall: 17
(i) Issue an order authorizing the pregnant woman to 18
consent to the performance or inducement of an abortion without the consent 19
of a parent or legal guardian; and 20
(ii) Execute the required forms. 21
(B) If the court does not make the findings specified in 22
this subdivision (c)(1) or subdivision (c)(2) of this section, the court 23
shall dismiss the petition. 24
(2)(A) If the court finds by clear and convincing evidence that 25
the pregnant woman is the victim of physical or sexual abuse by one (1) or 26
both of her parents or her legal guardian or that obtaining the consent of a 27
parent or legal guardian is not in the best interest of the pregnant woman, 28
the court shall issue an order authorizing the pregnant woman to consent to 29
the performance or inducement of an abortion without the consent of a parent 30
or guardian. 31
(B) If the court does not make the findings specified in 32
subdivision (c)(1) of this section or this subdivision (c)(2), the court 33
shall dismiss the petition. 34
(3) The attending physician shall report any abuse as provided 35
in the Child Maltreatment Act, § 12 -18-101 et seq. 36 HB1011
38 11/20/2024 9:27:50 AM
(d)(1) If the pregnant woman claims to be mature and well -informed at 1
a proceeding held under this subchapter, the pregnant woman shall prove by 2
clear and convincing evidence that she is sufficiently mature and capable of 3
giving informed consent without obtaining consent from or giving notice to 4
her parent or legal guardian based on her experience level, perspective, and 5
judgment. 6
(2) In assessing the pregnant woman's experience level, the 7
court may consider the following relevant factors: 8
(A) The age of the pregnant woman; 9
(B) The pregnant woman's experiences working outside the 10
home; 11
(C) The pregnant woman's experiences living away from 12
home; 13
(D) The pregnant woman's experiences traveling on her own; 14
(E) The pregnant woman's experiences handling personal 15
finances; 16
(F) The pregnant woman's experiences making other 17
significant decisions; and 18
(G) Other relevant factors as appropriate. 19
(3) In assessing the pregnant woman's perspective, the court may 20
consider the following relevant factors: 21
(A) The steps that the pregnant woman took to explore her 22
options; 23
(B) To what extent she considered and weighed the 24
potential consequences of each option; and 25
(C) Other relevant factors as appropriate. 26
(4) In assessing the pregnant woman's judgment, the court may 27
consider among other relevant factors the pregnant woman's conduct since 28
learning of her pregnancy and her intellectual ability to understand her 29
options and to make an informed decision. 30
31
20-16-810. Disclosure and consent form. 32
(a) Physicians shall use a form created by the Department of Health to 33
obtain the consent required prior to performing an abortion on a pregnant 34
woman. 35
(b) A form is not valid and consent is not sufficient unless: 36 HB1011
39 11/20/2024 9:27:50 AM
(1) A parent or legal guardian initials each page of the form, 1
indicating that he or she has read and understands the information included 2
on that page; 3
(2) A parent or legal guardian signs the last page of the form 4
in front of a person who is a notary public; 5
(3) The pregnant woman initials each list of risks and hazards 6
detailed in subdivision (c)(4) of this section; 7
(4) The pregnant woman signs a consent statement described in 8
subdivision (c)(6) of this section; and 9
(5) The physician signs a physician declaration described in 10
subdivision (c)(7) of this section. 11
(c) The form shall include without limitation the following 12
information: 13
(1) A description of the pregnant woman's rights, including the 14
right to informed consent as granted by the Woman's Right to Know Act of 15
2001, § 20-16-901 et seq. [repealed]; and the Woman's Right -to-Know Act, § 16
20-16-1701 et seq.; 17
(2) A description of the parent or legal guardian's rights under 18
state law; 19
(3) A detailed description of the surgical procedures or medical 20
procedures, or both, that are planned to be performed on the pregnant woman; 21
(4) A detailed list of the risks and hazards related to the 22
surgical or medical procedures planned for the pregnant woman, including 23
without limitation the following risks and hazards that may occur: 24
(A) Infection; 25
(B) Blood clots; 26
(C) Hemorrhage; 27
(D) Allergic reactions; 28
(E) A hole in the uterus or other damage to the uterus; 29
(F) Sterility; 30
(G) Injury to the bowel or bladder; 31
(H) Possible hysterectomy as a result of complication or 32
injury during the procedure; 33
(I) Failure to remove all products of conception; 34
(J) Possible continuation of pregnancy; 35
(K) Cramping of the uterus or pelvic pain; 36 HB1011
40 11/20/2024 9:27:50 AM
(L) Cervical laceration; 1
(M) Incompetent cervix; 2
(N) Emergency treatment for any complications; or 3
(O) Death; 4
(5) A description of additional information that shall be 5
provided by the physician to the pregnant woman under state law; 6
(6) A consent statement signed by the pregnant woman that 7
includes without limitation the following information individually initialed 8
by the pregnant woman that the pregnant woman: 9
(A) Understands that the doctor is going to perform an 10
abortion on her that will end her pregnancy and will result in the death of 11
her unborn child; 12
(B) Is not being forced to have an abortion and that she 13
has the choice not to have the abortion and may withdraw consent prior to the 14
abortion; 15
(C) Gives permission for the procedure; 16
(D) Understands that there are risks and hazards that 17
could affect her if she has the planned surgical or medical procedures; 18
(E) Has been given the opportunity to ask questions about 19
her condition, alternative forms of treatment, risk of nontreatment, the 20
procedures to be used, and the risks and hazards involved; 21
(F) Has been given information required by statute; and 22
(G) Has sufficient information to give informed consent; 23
(7) A physician declaration, signed by the physician, stating 24
that: 25
(A) The physician or his or her assistant has, as 26
required, explained the procedure and the contents of this form to the 27
pregnant woman and her parent or legal guardian and has answered all 28
questions; and 29
(B) To the best of the physician's knowledge, the patient 30
and her parent or legal guardian have been adequately informed and have 31
consented to the procedure; 32
(8) A parental consent statement that states that the signing 33
parent or legal guardian: 34
(A) Understands that the doctor signing the physician 35
declaration form is going to perform an abortion on the pregnant woman, which 36 HB1011
41 11/20/2024 9:27:50 AM
will end her pregnancy and result in the death of her unborn child; 1
(B) Has had the opportunity to read the physician 2
declaration form or have it read to him or her and has initialed each page; 3
(C) Had the opportunity to ask questions of the physician 4
or the physician's assistant about the information in the physician 5
declaration form and the surgical and medical procedures to be performed on 6
the pregnant woman; 7
(D) Believes that he or she has sufficient information to 8
give informed consent; and 9
(E) Affirms by the parent's or legal guardian's signature 10
that he or she is the pregnant woman's father, mother, or legal guardian; 11
(9) A page for the parent's or legal guardian's signature that 12
shall be notarized by a notary public; and 13
(10) Any additional information that may be provided to a woman 14
under the laws of this state in order for a physician to obtain her informed 15
consent prior to performing an abortion. 16
17
20-16-811. Penalty. 18
(a) The performance of an abortion in violation of this subchapter or 19
failure to report under § 20 -16-814 shall be a Class A misdemeanor and shall 20
be grounds for a civil action by a person whose consent is required. 21
(b) This subchapter does not allow the charging or conviction of a 22
woman with any criminal offense in the death of her own unborn child in 23
utero. 24
(c) Failure to comply with this subchapter shall provide a basis for: 25
(1) A civil action for compensatory and punitive damages which 26
may include a medical malpractice action under § 16 -114-201 et seq.; 27
(2) Professional disciplinary action by the appropriate 28
healthcare licensing board for the suspension or revocation of a license for 29
a healthcare professional for at least one (1) year; 30
(3) Recovery for the parent of the infant or the parent or legal 31
guardian of the pregnant woman, if the pregnant woman is a minor, for the 32
wrongful death of the infant under § 16 -62-102; and 33
(4) Injunction from future acts prohibited by this section. 34
35
20-16-812. Legislative intent. 36 HB1011
42 11/20/2024 9:27:50 AM
This subchapter is not intended to create and shall not be construed to 1
create an affirmative right to legal abortion. 2
3
20-16-813. When consent is not required. 4
A minor shall not be required to obtain consent under this subchapter 5
if the guardianship or custody order has expired or is otherwise no longer in 6
effect. 7
8
20-16-814. Additional information reported by abortion providers. 9
(a) In addition to other information reported by an abortion provider 10
to the Department of Health, the following information shall be reported for 11
each induced termination of pregnancy: 12
(1) Whether parental consent was required; 13
(2) Whether parental consent was obtained; and 14
(3) Whether a judicial waiver was obtained. 15
(b) The department shall revise its forms utilized by abortion 16
providers to report an induced termination of pregnancy by including the 17
reporting of information required by this section. 18
19
20-16-815. Construction. 20
(a) This subchapter does not create or recognize a right to abortion. 21
(b) It is not the intention of this subchapter to make lawful an 22
abortion that is currently unlawful. 23
24
20-16-816. Right of intervention. 25
The General Assembly, by joint resolution, may appoint one (1) or more 26
of its members who sponsored or cosponsored this subchapter, as a matter of 27
right and in his or her official capacity, to intervene to defend this law in 28
any case in which its constitutionality is challenged. 29
30
20-16-817. Effective date. 31
This subchapter takes effect on January 1, 2016. 32
33
SECTION 22. Arkansas Code Title 20, Chapter 16, Subchapter 11, is 34
repealed. 35
Subchapter 11 — Unborn Child Pain Awareness and Prevention Act 36 HB1011
43 11/20/2024 9:27:50 AM
1
20-16-1101. Title. 2
This subchapter shall be known and may be cited as the “Unborn Child 3
Pain Awareness and Prevention Act”. 4
5
20-16-1102. Definitions. 6
As used in this subchapter: 7
(1)(A) “Abortion” means the use or prescription of any 8
instrument, medicine, drug, or other substance or device intentionally to 9
terminate the pregnancy of a female known to be pregnant. 10
(B) However, “abortion” does not include the termination 11
of a pregnancy if the termination is intended to: 12
(i) Increase the probability of a live birth; 13
(ii) Preserve the life or health of the child after 14
live birth; or 15
(iii) Remove a dead fetus who died as the result of a 16
spontaneous miscarriage; 17
(2) “Attempt to perform an abortion” means an act or an omission 18
of a statutorily required act that under the circumstances as the actor 19
believes them to be constitutes a substantial step in a course of conduct 20
planned to culminate in the termination of a pregnancy in this state; 21
(3) “Gestational age” means the age of the unborn child as 22
calculated from the first day of the last menstrual period of the pregnant 23
woman; 24
(4) “Medical emergency” means any condition that on the basis of 25
the physician's good -faith clinical judgment so complicates the medical 26
condition of a pregnant female that: 27
(A) The immediate abortion of her pregnancy is necessary 28
to prevent her death; or 29
(B) A delay will create a serious risk of substantial and 30
irreversible impairment of a major bodily function of the pregnant female; 31
(5) “Physician” means a person authorized or licensed to 32
practice medicine under the Arkansas Medical Practices Act, § 17 -95-201 et 33
seq., § 17-95-301 et seq., and § 17 -95-401 et seq., and a person authorized 34
to practice osteopathy under § 17 -91-101 et seq.; 35
(6) “Probable gestational age” means the age that with 36 HB1011
44 11/20/2024 9:27:50 AM
reasonable probability in the judgment of a physician will be the gestational 1
age of the unborn child at the time the abortion is planned to be performed; 2
and 3
(7) “Unborn child” means a member of the species Homo sapiens 4
from fertilization until birth. 5
6
20-16-1103. Unborn child pain awareness information. 7
Except in the case of a medical emergency: 8
(1) At least twenty -four (24) hours before an abortion is 9
performed on an unborn child whose probable gestational age is twenty (20) 10
weeks or more, the physician performing the abortion or the physician's agent 11
shall inform the pregnant female by telephone or in person: 12
(A) She has the right to review the printed materials 13
described in § 20-16-1105; 14
(B) These materials are available on a state -sponsored 15
website; and 16
(C) What the website address is; 17
(2) The physician or the physician's agent shall orally inform 18
the pregnant female that: 19
(A) The materials have been provided by the State of 20
Arkansas; and 21
(B) They contain information on pain in relation to the 22
unborn child; 23
(3) If the pregnant female chooses to view the materials other 24
than on the website, the materials shall either: 25
(A) Be given to her at least twenty -four (24) hours before 26
the abortion; or 27
(B) Mailed to her at least seventy -two (72) hours before 28
the abortion by certified mail, restricted delivery to addressee, so that the 29
postal employee may deliver the mail only to the pregnant female; 30
(4) If provisions are made to record or otherwise register 31
specifically whether the female does or does not choose to have the printed 32
materials given or mailed to her, the information required by this section 33
may be provided by a tape recording; 34
(5) The pregnant female shall certify in writing before the 35
abortion that: 36 HB1011
45 11/20/2024 9:27:50 AM
(A) The information described in subdivision (1) of this 1
section has been furnished to her; and 2
(B) She has been informed of her opportunity to review the 3
printed materials described in § 20 -16-1105; and 4
(6) Before the abortion is performed, the physician who is to 5
perform the abortion or the physician's agent shall: 6
(A) Obtain a copy of the written certification required 7
under subdivision (5) of this section; and 8
(B) Retain it on file with the female's medical record for 9
at least three (3) years following the date of receipt. 10
11
20-16-1104. Unborn child pain prevention. 12
(a) Except in the case of a medical emergency, before an abortion is 13
performed on an unborn child whose gestational age is twenty (20) weeks or 14
more, the physician performing the abortion or the physician's agent shall 15
inform the pregnant female: 16
(1) Whether an anesthetic or analgesic would eliminate or 17
alleviate organic pain to the unborn child that could be caused by the 18
particular method of abortion to be employed; and 19
(2) Of the particular medical risks associated with the 20
particular anesthetic or analgesic. 21
(b) After presenting the information required in subsection (a) of 22
this section and with the consent of the pregnant female, the physician shall 23
administer the anesthetic or analgesic. 24
25
20-16-1105. Printed information. 26
(a)(1)(A) The Department of Health shall publish in English and in 27
each language that is the primary language of two percent (2%) or more of the 28
state's population printed materials with the following statement concerning 29
unborn children of twenty (20) weeks gestational age or more: 30
“By twenty (20) weeks gestation, the unborn child has 31
the physical structures necessary to experience pain. There is evidence that 32
by twenty (20) weeks gestation unborn children seek to evade certain stimuli 33
in a manner that in an infant or an adult would be interpreted to be a 34
response to pain. Anesthesia is routinely administered to unborn children who 35
are twenty (20) weeks gestational age or more who undergo prenatal surgery.” 36 HB1011
46 11/20/2024 9:27:50 AM
(B) The materials shall be objective, nonjudgmental, and 1
designed to convey only accurate scientific information about the human fetus 2
at the various gestational ages. 3
(2) The department shall make the materials available on the 4
department's website. 5
(3) The materials referred to in subdivision (a)(1) of this 6
section shall be printed in a typeface large enough to be clearly legible. 7
(b)(1) The department's website shall be maintained at a minimum 8
resolution of seventy -two dots per inch (72 dpi). 9
(2) All pictures appearing on the website shall be a minimum of 10
two hundred by three hundred (200 X 300) pixels. 11
(3) All letters on the website shall be presented in a minimum 12
of 11-point type. 13
(4) All information and pictures shall be accessible with an 14
industry-standard browser that requires no additional plug -ins. 15
(c) Upon request, the department shall make available to any person, 16
facility, or hospital at no cost and in appropriate numbers the materials 17
required under this section. 18
19
20-16-1106. Requirements for department website. 20
(a) The Department of Health shall include on its website the 21
information described in § 20 -16-1105. 22
(b) No information regarding persons who use the website shall be 23
collected or maintained. 24
(c) The department shall monitor the website on a daily basis to 25
prevent and correct tampering. 26
27
20-16-1107. Procedure in case of medical emergency. 28
If a medical emergency compels a physician to perform an abortion, the 29
physician shall inform the pregnant female before the abortion is performed, 30
if possible, of the medical indications supporting the physician's judgment 31
that: 32
(1) An abortion is necessary to prevent her death; or 33
(2) A twenty-four-hour delay will create a serious risk of 34
substantial and irreversible impairment of a major bodily function of the 35
pregnant female. 36 HB1011
47 11/20/2024 9:27:50 AM
1
20-16-1108. Reporting. 2
(a) The Department of Health shall prepare a reporting form for 3
physicians containing a reprint of this subchapter and listing: 4
(1)(A) The number of females to whom the physician or an agent 5
of the physician provided the information described in § 20 -16-1103(1). 6
(B) Of that number, the number provided by telephone and 7
the number provided in person. 8
(C) Of each of the numbers described in this subdivision 9
(a)(1) and subdivision (a)(2) of this section, the number provided in the 10
capacity of: 11
(i) A physician who is to perform the abortion; or 12
(ii) An agent of the physician; 13
(2) The number of females who did not avail themselves of the 14
opportunity to obtain a copy other than on the website of the printed 15
information described in § 20 -16-1105; 16
(3) The number who, to the best of the reporting physician's 17
information and belief, went on to obtain the abortion; 18
(4) The number of abortions performed by the physician for which 19
information otherwise required to be provided at least twenty -four (24) hours 20
before the abortion was not so provided because an immediate abortion was 21
necessary to prevent the female's death; and 22
(5) The number of abortions for which information otherwise 23
required to be provided at least twenty -four (24) hours before the abortion 24
information was not so provided because a delay would create serious risk of 25
substantial and irreversible impairment of a major bodily function of the 26
pregnant female. 27
(b) The department shall ensure that copies of the reporting forms 28
described in subsection (a) of this section are provided: 29
(1) Within one hundred twenty (120) days after August 12, 2005, 30
to all physicians licensed to practice in this state; 31
(2) To each physician who subsequently becomes newly licensed to 32
practice in this state, at the same time as official notification to that 33
physician that the physician is so licensed; and 34
(3) By December 1 of each year after the calendar year in which 35
this subchapter becomes effective, to all physicians licensed to practice in 36 HB1011
48 11/20/2024 9:27:50 AM
this state. 1
(c) By February 28 of each year following a calendar year in any part 2
of which this subchapter was in effect, each physician who provided or whose 3
agent provided information to one (1) or more females in accordance with § 4
20-16-1103 during the previous calendar year shall submit to the department a 5
copy of the form described in subsection (a) of this section with the 6
requested data entered accurately and completely. 7
(d)(1) For each of the items listed in subsection (a) of this section, 8
the department shall issue by June 30 of each year a public report providing 9
statistics compiled by the department on the basis of reports for the 10
previous calendar year submitted in accordance with this section. 11
(2) Each report shall also provide the statistics for all 12
previous calendar years, adjusted to reflect any additional information from 13
late or corrected reports. 14
(3) The department shall ensure that none of the information 15
included in the public reports could reasonably lead to the identification of 16
any individual providing or provided information in accordance with § 20 -16-17
1103(1) or § 20-16-1103(2). 18
(e) So long as reporting forms are sent to all licensed physicians in 19
the state at least one (1) time every year and the report described in this 20
section is issued at least one (1) time every year, the department, in order 21
to achieve administrative convenience or fiscal savings, or to reduce the 22
burden of reporting requirements, may: 23
(1) Alter any of the dates established in this section; or 24
(2) Consolidate the forms or reports described in this section 25
with other forms or reports issued by the department. 26
(f)(1) The department shall assess against a physician who fails to 27
submit a report required under this section within thirty (30) days after the 28
due date a fee of five hundred dollars ($500) for each additional thirty -day 29
period or portion of a thirty -day period during which the report is overdue. 30
(2)(A) If a physician who is required to report under this 31
section has not submitted a report or has submitted an incomplete report more 32
than one (1) year following the due date of the report, the department may 33
bring an action in a court of competent jurisdiction to seek an order 34
requiring the physician to submit a complete report within a period 35
established by the court. 36 HB1011
49 11/20/2024 9:27:50 AM
(B) Failure of the physician to file the complete report 1
within the court-ordered period is punishable as civil contempt. 2
3
20-16-1109. Penalties. 4
(a) A person who knowingly or recklessly performs or attempts to 5
perform a termination of a pregnancy in violation of this subchapter or who 6
fails to report under § 20 -16-1108 shall be subject to disciplinary action by 7
the Arkansas State Medical Board and is guilty upon conviction of a Class A 8
misdemeanor. 9
(b) A penalty shall not be assessed against the woman upon whom the 10
abortion is performed or attempted to be performed. 11
(c) A penalty or civil liability shall not be assessed for failure to 12
comply with any provision of this subchapter unless the Department of Health 13
has made the printed materials available at the time that the physician or 14
the physician's agent is required to inform the woman of her right to review 15
them. 16
17
20-16-1110. Civil remedies. 18
(a) An action seeking actual and punitive damages may be brought 19
against a person who performed an abortion in knowing or reckless violation 20
of this subchapter by: 21
(1) Any person upon whom the abortion was performed; 22
(2) The father of the unborn child who was the subject of the 23
abortion; or 24
(3) A grandparent of the unborn child who was the subject of the 25
abortion. 26
(b) Any female upon whom an abortion has been attempted in violation 27
of this subchapter may bring an action for actual and punitive damages 28
against a person who attempted to perform the abortion in knowing or reckless 29
violation of this subchapter. 30
(c)(1) If the Department of Health fails to issue the public report 31
required under § 20-16-1108, any group of ten (10) or more citizens of this 32
state may seek an injunction in a court of competent jurisdiction against the 33
Secretary of the Department of Health requiring that a complete report be 34
issued within a period established by the court. 35
(2) Failure of the secretary to obey an injunction issued under 36 HB1011
50 11/20/2024 9:27:50 AM
subdivision (c)(1) of this section is punishable as civil contempt. 1
(d)(1) If judgment is rendered in favor of the plaintiff in any action 2
described in this section, the court shall assess a reasonable attorney's fee 3
in favor of the plaintiff against the defendant. 4
(2) If judgment is rendered in favor of the defendant and if the 5
court finds that the plaintiff's suit was frivolous and brought in bad faith, 6
the court shall assess a reasonable attorney's fee in favor of the defendant 7
against the plaintiff. 8
9
20-16-1111. Protection of privacy in court proceedings. 10
(a) In every civil or criminal action brought under this subchapter in 11
which any female upon whom an abortion has been performed or attempted has 12
not given her consent to disclosure of her identity, the court shall 13
determine whether the anonymity of the female shall be preserved from public 14
disclosure. 15
(b)(1) The court, upon motion or sua sponte, shall make a ruling on 16
preserving the anonymity of the female. 17
(2) If the court determines that the female's anonymity should 18
be preserved, that court shall: 19
(A) Issue appropriate orders to the parties, witnesses, 20
and counsel; 21
(B) Direct the sealing of the record; and 22
(C) Order the exclusion of individuals from courtrooms or 23
hearing rooms to the extent necessary to safeguard the anonymity of the 24
female. 25
(3) Each order issued under subdivisions (b)(1) and (2) of this 26
section shall be accompanied by specific written findings explaining: 27
(A) Why the anonymity of the female should be preserved 28
from public disclosure; 29
(B) Why the order is essential to that end; 30
(C) Why no reasonable less restrictive alternative exists; 31
and 32
(D) How the order is narrowly tailored to preserve the 33
anonymity of the female. 34
(c) In the absence of written consent of the female upon whom an 35
abortion has been performed or attempted, anyone other than a public official 36 HB1011
51 11/20/2024 9:27:50 AM
who brings an action under § 20 -16-1110(a) shall do so under a pseudonym. 1
(d) This section may not be construed to conceal the identity of the 2
plaintiff or witnesses from the defendant. 3
4
SECTION 23. Arkansas Code Title 20, Chapter 16, Subchapter 13, is 5
repealed. 6
Subchapter 13 — Arkansas Human Heartbeat Protection Act 7
8
20-16-1301. Title. 9
This subchapter shall be known and may be cited as the “Arkansas Human 10
Heartbeat Protection Act”. 11
12
20-16-1302. Definitions. 13
As used in this subchapter: 14
(1) “Contraceptive” means a device, drug, or chemical that 15
prevents fertilization; 16
(2) “Fetus” means the human offspring developing during 17
pregnancy from the moment of fertilization and includes the embryonic stage 18
of development; 19
(3) “Heartbeat” means cardiac activity, the steady and 20
repetitive rhythmic contraction of the fetal heart within the gestational 21
sac; 22
(4) “Human individual” means an individual organism of the 23
species Homo sapiens; 24
(5) “Major bodily function” includes without limitation 25
functions of the immune system, normal cell growth, and digestive, bowel, 26
bladder, neurological, brain, respiratory, circulatory, endocrine, and 27
reproductive functions; 28
(6) “Medical emergency” means a condition in which an abortion 29
is necessary: 30
(A) To preserve the life of the pregnant woman whose life 31
is endangered by a physical disorder, physical illness, or physical injury, 32
including a life-endangering physical condition caused by or arising from the 33
pregnancy itself, or when continuation of the pregnancy will create a serious 34
risk of substantial and irreversible impairment of a major bodily function of 35
the pregnant woman; or 36 HB1011
52 11/20/2024 9:27:50 AM
(B) Due to the existence of a highly lethal fetal disorder 1
as defined by the Arkansas State Medical Board; 2
(7) “Pregnancy” means the human female reproductive condition 3
that begins with fertilization when the female is carrying the developing 4
human offspring and is calculated from the first day of the last menstrual 5
period of the human female; and 6
(8) “Viability” means a medical condition that begins with a 7
detectible fetal heartbeat. 8
9
20-16-1303. Testing for heartbeat. 10
(a) A person authorized to perform abortions under Arkansas law shall 11
not perform an abortion on a pregnant woman before the person tests the 12
pregnant woman to determine whether the fetus that the pregnant woman is 13
carrying possesses a detectible heartbeat. 14
(b)(1) A person authorized to perform abortions under Arkansas law 15
shall perform an abdominal ultrasound test necessary to detect a heartbeat of 16
an unborn human individual according to standard medical practice, including 17
the use of medical devices as determined by standard medical practice. 18
(2) Tests performed under subdivision (b)(1) of this section 19
shall be approved by the Arkansas State Medical Board. 20
(c) The Arkansas State Medical Board shall adopt rules: 21
(1)(A) Based on standard medical practice for testing for the 22
fetal heartbeat of an unborn human individual. 23
(B) Rules adopted under this subsection shall specify that 24
a test for fetal heartbeat is not required in the case of a medical 25
emergency; and 26
(2) To define, based on available medical evidence, the 27
statistical probability of bringing an unborn human individual to term based 28
on the gestational age of the unborn human individual possessing a detectible 29
heartbeat. 30
(d) If a fetal heartbeat is detected during the test required under 31
this section, the person performing the test shall inform the pregnant woman 32
in writing: 33
(1) That the unborn human individual that the pregnant woman is 34
carrying possesses a heartbeat; 35
(2) Of the statistical probability of bringing the unborn human 36 HB1011
53 11/20/2024 9:27:50 AM
individual to term based on the gestational age of the unborn human 1
individual possessing a detectible heartbeat; and 2
(3) An abortion is prohibited under § 20 -16-1304. 3
(e) If a heartbeat has been detected, the pregnant woman shall sign a 4
form acknowledging that she has received the information required under 5
subsection (d) of this section. 6
7
20-16-1304. Prohibitions. 8
(a) A person authorized to perform abortions under Arkansas law shall 9
not perform an abortion on a pregnant woman with the specific intent of 10
causing or abetting the termination of the life of an unborn human individual 11
whose heartbeat has been detected under § 20 -16-1303 and is twelve (12) weeks 12
or greater gestation. 13
(b) A violation of this section as determined by the Arkansas State 14
Medical Board shall result in the revocation of the medical license of the 15
person authorized to perform abortions under Arkansas law. 16
17
20-16-1305. Exemptions — Medical personnel. 18
(a) A person does not violate this subchapter if the person: 19
(1) Performs a medical procedure designed to or intended to 20
prevent the death of a pregnant woman or in reasonable medical judgment to 21
preserve the life of the pregnant woman; 22
(2)(A) Has undertaken an examination for the presence of a 23
heartbeat in the fetus utilizing standard medical practice; and 24
(B) The examination does not reveal a heartbeat; or 25
(3) Has been informed by a medical professional who has 26
undertaken the examination for fetal heartbeat that the examination did not 27
reveal a fetal heartbeat. 28
(b) This subchapter does not apply to: 29
(1) An abortion performed to save the life of the mother; 30
(2)(A) A pregnancy that results from rape under § 5 -14-103 or 31
incest under § 5-26-202 when documentation is presented that states that the 32
crime has been reported to law enforcement. 33
(B) The physician or abortion facility shall: 34
(i) File the documentation that a crime has been 35
reported to law enforcement in the pregnant woman's medical record; and 36 HB1011
54 11/20/2024 9:27:50 AM
(ii) Report to the Department of Health the number of 1
abortions performed because of rape or incest; or 2
(3) A medical emergency. 3
4
20-16-1306. Exemptions. 5
This subchapter does not: 6
(1) Subject a pregnant female on whom an abortion is performed 7
or attempted to be performed to any criminal prosecution or civil penalty; or 8
(2) Prohibit the sale, use, prescription, or administration of a 9
measure, drug, or chemical designed for contraceptive purposes. 10
11
20-16-1307. Tolling of effective date. 12
If a state or federal court of competent jurisdiction voids a provision 13
of this subchapter as unconstitutional, the effective date of that provision 14
shall be tolled until that provision has been upheld as valid by an appellate 15
tribunal. 16
17
SECTION 24. Arkansas Code Title 20, Chapter 16, Subchapter 14, is 18
repealed. 19
Subchapter 14 — Pain-Capable Unborn Child Protection Act 20
21
20-16-1401. Title. 22
This subchapter shall be known and may be cited as the “Pain -Capable 23
Unborn Child Protection Act”. 24
25
20-16-1402. Definitions. 26
As used in this subchapter: 27
(1) “Abortion” means the use or prescription of any instrument, 28
medicine, drug, or any other substance or device: 29
(A) To terminate the pregnancy of a woman known to be 30
pregnant with an intention other than to: 31
(i) Increase the probability of a live birth; 32
(ii) Preserve the life or health of the child after 33
live birth; or 34
(iii) Remove a dead unborn child who died as the 35
result of natural causes in utero, accidental trauma, or a criminal assault 36 HB1011
55 11/20/2024 9:27:50 AM
on the pregnant woman or her unborn child; and 1
(B) Which causes the premature termination of the 2
pregnancy; 3
(2) “Attempt to perform or induce an abortion” means an act or 4
an omission of a statutorily required act, that under the circumstances as 5
the actor believes them to be, constitutes a substantial step in a course of 6
conduct planned to culminate in the performance or induction of an abortion 7
in this state in violation of this subchapter; 8
(3) “Fertilization” means the fusion of a human spermatozoon 9
with a human ovum; 10
(4)(A) “Medical emergency” means a condition that, in reasonable 11
medical judgment, so complicates the medical condition of the pregnant woman 12
that it necessitates the immediate abortion of her pregnancy: 13
(i) Without first determining post -fertilization age 14
to avert the death of the pregnant woman; or 15
(ii) For which the delay necessary to determine post -16
fertilization age will create serious risk of substantial and irreversible 17
physical impairment of a major bodily function, not including psychological 18
or emotional conditions. 19
(B) “Medical emergency” does not include a condition based 20
on a claim or diagnosis that a pregnant woman will engage in conduct which 21
she intends to result in her death or in substantial and irreversible 22
physical impairment of a major bodily function; 23
(5) “Physician” means any person licensed to practice medicine 24
and surgery or osteopathic medicine and surgery in this state; 25
(6) “Post-fertilization age” means the age of the unborn child 26
as calculated from the fertilization of the human ovum; 27
(7) “Probable post-fertilization age of the unborn child” means 28
what, in reasonable medical judgment, will, with reasonable probability, be 29
the post-fertilization age of the unborn child at the time the abortion is 30
planned to be performed or induced; 31
(8) “Reasonable medical judgment” means a medical judgment that 32
would be made by a reasonably prudent physician knowledgeable about the case 33
and the treatment possibilities with respect to the medical conditions 34
involved; 35
(9) “Unborn child” means an individual organism of the species 36 HB1011
56 11/20/2024 9:27:50 AM
Homo sapiens from fertilization until live birth; and 1
(10) “Woman” means a female human being whether or not she has 2
reached the age of majority. 3
4
20-16-1403. Legislative findings. 5
The General Assembly finds that: 6
(1) Pain receptors known as nociceptors are present throughout 7
the unborn child's entire body by no later than sixteen (16) weeks after 8
fertilization, and nerves link these receptors to the brain's thalamus and 9
subcortical plate by no later than twenty (20) weeks; 10
(2)(A) By eight (8) weeks after fertilization, the unborn child 11
reacts to touch. 12
(B) After twenty (20) weeks after fertilization, the 13
unborn child reacts to stimuli that would be recognized as painful if applied 14
to an adult human, for example, by recoiling; 15
(3) In the unborn child, application of such painful stimuli is 16
associated with significant increases in stress hormones known as the stress 17
response; 18
(4) Subjection to such painful stimuli is associated with long -19
term harmful neurodeveolopmental effects, such as altered pain sensitivity 20
and, possibly, emotional, behavioral, and learning disabilities later in 21
life; 22
(5) For the purposes of surgery on unborn children, fetal 23
anesthesia is routinely administered and is associated with a decrease in 24
stress hormones compared to those levels when painful stimuli are applied 25
without such anesthesia; 26
(6)(A) The position, asserted by some medical experts, that the 27
unborn child is incapable of experiencing pain until a point later in 28
pregnancy than twenty (20) weeks after fertilization predominately rests on 29
the assumption that the ability to experience pain depends on the cerebral 30
cortex and requires nerve connections between the thalamus and the cortex. 31
(B) However, recent medical research and analysis, 32
especially since 2007, provide strong evidence for the conclusion that a 33
functioning cortex is not necessary to experience pain; 34
(7) Substantial evidence indicates that children born missing 35
the bulk of the cerebral cortex, those with hydranencephaly, nevertheless 36 HB1011
57 11/20/2024 9:27:50 AM
experience pain; 1
(8) In adults, stimulation or ablation of the cerebral cortex 2
does not alter pain perception, while stimulation or ablation of the thalamus 3
does; 4
(9) Substantial evidence indicates that structures used for pain 5
processing in early development differ from those of adults and use different 6
neural elements available at specific times during development, such as the 7
subcortical plate, to fulfill the role of pain processing; 8
(10) Consequently, there is substantial medical evidence that an 9
unborn child is capable of experiencing pain by twenty (20) weeks after 10
fertilization; 11
(11) It is the purpose of the state to assert a compelling state 12
interest in protecting the lives of unborn children from the stage at which 13
substantial medical evidence indicates that they are capable of feeling pain; 14
and 15
(12) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which 16
in the context of determining the severability of a state statute regulating 17
abortion, the United States Supreme Court noted that an explicit statement of 18
legislative intent specifically made applicable to a particular statute is of 19
greater weight than a general savings or severability clause, it is the 20
intent of the state that § 1 -2-117 be specifically applied to this 21
subchapter, and moreover the General Assembly declares that it would have 22
passed this subchapter, and each section, subsection, subdivision, sentence, 23
clause, phrase, or word in this subchapter, irrespective of the fact that any 24
one (1) or more sections, subsections, subdivisions, sentences, clauses, 25
phrases, or words, or any of their applications, were to be declared 26
unconstitutional. 27
28
20-16-1404. Determination of post -fertilization age. 29
(a)(1) Except in the case of a medical emergency, an abortion shall 30
not be performed or induced or be attempted to be performed or induced unless 31
the physician performing or inducing the abortion has first made a 32
determination of the probable post -fertilization age of the unborn child or 33
relied upon such a determination made by another physician. 34
(2) In making such a determination under subdivision (a)(1) of 35
this section, the physician shall make such inquiries of the woman and 36 HB1011
58 11/20/2024 9:27:50 AM
perform or cause to be performed such medical examinations and tests as a 1
reasonably prudent physician, knowledgeable about the case and the medical 2
conditions involved, would consider necessary to accurately diagnose the 3
probable post-fertilization age of the unborn child. 4
(b) Any physician who purposely, knowingly, or recklessly fails to 5
conform to any requirement of this section engages in unprofessional conduct 6
under § 17-95-409(a)(2)(D). 7
8
20-16-1405. Abortion of unborn child of 20 or more weeks post -9
fertilization age prohibited. 10
(a)(1) A person shall not perform or induce or attempt to perform or 11
induce an abortion upon a woman when it has been determined by the physician 12
performing or inducing or attempting to perform or induce the abortion or by 13
another physician upon whose determination that physician relies that the 14
probable post-fertilization age of the unborn child of the woman is twenty 15
(20) or more weeks. 16
(2)(A) However, subdivision (a)(1) of this section does not 17
apply if, in reasonable medical judgment, the pregnant woman has a condition 18
which so complicates her medical condition as to necessitate the abortion of 19
her pregnancy to avert her death or to avert serious risk of substantial and 20
irreversible physical impairment of a major bodily function of the pregnant 21
woman, not including psychological or emotional conditions. 22
(B) A condition creating an exemption under subdivision 23
(a)(2)(A) of this section shall not be deemed to exist if the condition is 24
based on a claim or diagnosis that the woman will engage in conduct that she 25
intends to result in her death or in substantial and irreversible physical 26
impairment of a major bodily function. 27
(3)(A) Subdivision (a)(1) of this section does not apply if the 28
pregnancy results from rape under § 5 -14-103 or incest under § 5 -26-202 when 29
documentation is presented that states that the crime has been reported to 30
law enforcement. 31
(B) The physician or abortion facility shall: 32
(i) File the documentation that a crime has been 33
reported to law enforcement in the pregnant woman's medical record; and 34
(ii) Report to the Department of Health the number of 35
abortions performed because of rape or incest. 36 HB1011
59 11/20/2024 9:27:50 AM
(b)(1) When an abortion upon a woman whose unborn child has been 1
determined under subdivision (a)(1) of this section to have a probable post -2
fertilization age of twenty (20) or more weeks is not prohibited by this 3
section, the physician shall terminate the pregnancy in the manner which, in 4
reasonable medical judgment, provides the best opportunity for the unborn 5
child to survive. 6
(2)(A) However, subdivision (b)(1) of this section does not 7
apply if, in reasonable medical judgment, termination of the pregnancy in 8
that manner would pose a greater risk either of the death of the pregnant 9
woman or of the substantial and irreversible physical impairment of a major 10
bodily function of the woman, not including psychological or emotional 11
conditions, than would other available methods. 12
(B) A risk creating an exemption under subdivision 13
(b)(2)(A) of this section shall not be deemed to exist if it is based on a 14
claim or diagnosis that the woman will engage in conduct that she intends to 15
result in her death or in substantial and irreversible physical impairment of 16
a major bodily function. 17
18
20-16-1406. Reporting. 19
(a)(1) A physician who performs or induces or attempts to perform or 20
induce an abortion shall report to the Department of Health on a schedule and 21
in accordance with rules adopted by the department. 22
(2) The report required under subdivision (a)(1) of this section 23
shall include without limitation: 24
(A) Whether a determination of probable post -fertilization 25
age was made, the probable post -fertilization age of the unborn child 26
determined, and the method and basis of the determination; 27
(B) If a determination of probable post -fertilization age 28
of the unborn child was not made, the basis of the determination that a 29
medical emergency existed; 30
(C) If the probable post -fertilization age of the unborn 31
child was determined to be twenty (20) or more weeks, the basis of the 32
determination that the pregnant woman had a condition which so complicated 33
her medical condition as to necessitate the immediate abortion of her 34
pregnancy to avert her death or to avert serious risk of substantial and 35
irreversible physical impairment of a major bodily function of the pregnant 36 HB1011
60 11/20/2024 9:27:50 AM
woman, not including psychological or emotional conditions; 1
(D) The method used for the abortion; and 2
(E) If an abortion was performed when the probable post -3
fertilization age of the unborn child was determined to be twenty (20) or 4
more weeks: 5
(i) Whether the method used was one that in 6
reasonable medical judgment provided the best opportunity for the unborn 7
child to survive; or 8
(ii) If such a method under subdivision (a)(2)(E)(i) 9
of this section was not used, the basis of the determination that termination 10
of the pregnancy in that manner would pose a greater risk either of the death 11
of the pregnant woman or of the substantial and irreversible physical 12
impairment of a major bodily function of the woman, not including 13
psychological or emotional conditions, than would other available methods. 14
(b)(1) By June 30 of each year the department shall issue a public 15
report providing statistics for the previous calendar year compiled from all 16
of the reports covering that year submitted under this section for each of 17
the items listed in subsection (a) of this section. 18
(2) Each report also shall provide the statistics for all 19
previous calendar years during which this section was in effect, adjusted to 20
reflect any additional information from late or corrected reports. 21
(3) The department shall take care to ensure that none of the 22
information included in the public reports could reasonably lead to the 23
identification of any pregnant woman upon whom an abortion was performed or 24
induced or attempted to be performed or induced. 25
(c)(1) A physician who fails to submit a report by the end of thirty 26
(30) days after the date the report is due shall be subject to a late fee of 27
five hundred dollars ($500) for each additional thirty -day period or portion 28
of a thirty-day period the report is overdue. 29
(2) A physician required to report in accordance with this 30
subchapter who has not submitted a report or has submitted only an incomplete 31
report more than one (1) year following the date the report is due, in an 32
action brought in the manner in which actions are brought by the department, 33
may be directed by a court of competent jurisdiction to submit a complete 34
report within a period stated by court order or be subject to civil contempt. 35
(d)(1) Purposeful, knowing, or reckless failure by a physician to 36 HB1011
61 11/20/2024 9:27:50 AM
conform to any requirement of this section, other than late filing of a 1
report, constitutes unprofessional conduct under § 17 -95-409. 2
(2) Purposeful, knowing, or reckless failure by a physician to 3
submit a complete report in accordance with a court order constitutes 4
unprofessional conduct under § 17 -95-409. 5
(3) Purposeful, knowing, or reckless falsification of any report 6
required under this section is a Class C misdemeanor. 7
(e) Within ninety (90) days after the effective date of this 8
subchapter, the department shall adopt rules to assist in compliance with 9
this section, and subdivision (a)(1) of this section shall take effect so as 10
to require reports regarding all abortions performed or induced on or after 11
the first day of the first calendar month following the effective date of 12
such rules. 13
14
20-16-1407. Criminal penalties. 15
(a) A person who purposely, knowingly, or recklessly performs or 16
induces or attempts to perform or induce an abortion in violation of this 17
subchapter is guilty of a Class D felony. 18
(b) A penalty may not be assessed against the woman upon whom the 19
abortion is performed or induced or attempted to be performed or induced. 20
21
20-16-1408. Civil remedies. 22
(a)(1) A woman upon whom an abortion has been performed in violation 23
of this subchapter or the father of the unborn child who was the subject of 24
an abortion in violation of this subchapter may bring an action against the 25
person who purposely, knowingly, or recklessly performed or induced the 26
abortion in violation of this subchapter for actual and punitive damages. 27
(2) A woman upon whom an abortion has been attempted in 28
violation of this subchapter may bring an action against the person who 29
attempted purposely, knowingly, or recklessly to perform or induce the 30
abortion in violation of this subchapter for actual and punitive damages. 31
(b)(1) A cause of action for injunctive relief against a person who 32
has purposely, knowingly, or recklessly violated this subchapter may be 33
maintained by: 34
(A) The woman upon whom an abortion was performed or 35
induced or attempted to be performed or induced in violation of this 36 HB1011
62 11/20/2024 9:27:50 AM
subchapter; 1
(B) A person who is the spouse, parent, sibling, or 2
guardian of or a current or former licensed healthcare provider of the woman 3
upon whom an abortion has been performed or induced or attempted to be 4
performed or induced in violation of this subchapter; 5
(C) A prosecuting attorney with appropriate jurisdiction; 6
or 7
(D) The Attorney General. 8
(2) The injunction shall prevent the abortion provider from 9
performing or inducing and from attempting to perform or induce further 10
abortions in violation of this subchapter. 11
(c) If judgment is rendered in favor of the plaintiff in an action 12
described in this section, the court shall also render judgment for a 13
reasonable attorney's fee in favor of the plaintiff against the defendant. 14
(d) If judgment is rendered in favor of the defendant and the court 15
finds that the plaintiff's suit was frivolous and brought in bad faith, the 16
court shall render judgment for a reasonable attorney's fee in favor of the 17
defendant against the plaintiff. 18
(e) Damages or attorney's fee shall not be assessed against the woman 19
upon whom an abortion was performed or induced or attempted to be performed 20
or induced except under subsection (d) of this section. 21
22
20-16-1409. Protection of privacy in court proceedings. 23
(a) In every civil or criminal proceeding or action brought under this 24
subchapter, the court shall rule whether the anonymity of a woman upon whom 25
an abortion has been performed or induced or attempted to be performed or 26
induced shall be preserved from public disclosure if she does not give her 27
consent to the disclosure. 28
(b) The court, upon motion or sua sponte, shall make a ruling under 29
subsection (a) of this section and, upon determining that the woman's 30
anonymity should be preserved, shall issue orders to the parties, witnesses, 31
and counsel and shall direct the sealing of the record and exclusion of 32
individuals from courtrooms or hearing rooms to the extent necessary to 33
safeguard the woman's identity from public disclosure. 34
(c) Each order under subsection (b) of this section shall be 35
accompanied by specific written findings explaining: 36 HB1011
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(1) Why the anonymity of the woman should be preserved from 1
public disclosure; 2
(2) Why the order is essential to that end; 3
(3) How the order is narrowly tailored to serve that interest; 4
and 5
(4) Why no reasonable less restrictive alternative could be 6
fashioned. 7
(d) In the absence of written consent of the woman upon whom an 8
abortion has been performed or induced or attempted to be performed or 9
induced, anyone other than a public official who brings an action under § 20 -10
16-1408 shall do so under a pseudonym. 11
(e) This section is not intended to conceal the identity of the 12
plaintiff or of witnesses from the defendant or from attorneys for the 13
defendant. 14
15
20-16-1410. Construction. 16
(a) Since it is the intent of the state to assert two (2) separate and 17
independent compelling state interests, those in protecting the lives of 18
viable unborn children and protecting the lives of unborn children from the 19
stage at which substantial medical evidence indicates that they are capable 20
of feeling pain, this subchapter does not repeal by implication or otherwise 21
§ 20-16-705. 22
(b) This subchapter does not repeal by implication or otherwise any 23
other provision of this chapter. 24
25
SECTION 25. Arkansas Code § 20 -16-1502 is repealed. 26
20-16-1502. Legislative findings and purpose. 27
(a) The General Assembly finds that: 28
(1) The use of abortion -inducing drugs, including the Mifeprex 29
regimen, also known as “RU -486” or “mifepristone”, presents significant 30
medical risks, including without limitation incomplete abortion, sepsis or 31
other infections, uterine hemorrhage, blood clots, abdominal pain, fever, 32
vomiting, headache, fatigue, pelvic inflammatory disease, and death; 33
(2) Medical evidence demonstrates that women who use abortion -34
inducing drugs risk significantly more complications than those who undergo 35
surgical abortions; 36 HB1011
64 11/20/2024 9:27:50 AM
(3) The risk of complications, as well as the failure rate for 1
drug-induced abortions, increases with advancing gestational age; 2
(4) A woman's ability to provide informed consent depends on the 3
extent to which the woman receives information sufficient to make an informed 4
choice; 5
(5) The decision to abort “is an important, and often a 6
stressful one, and it is desirable and imperative that it be made with full 7
knowledge of its nature and consequences”, as stated in Planned Parenthood v. 8
Danforth, 428 U.S. 52, 67 (1976); 9
(6) To facilitate reliable scientific studies and research on 10
the safety and efficacy of abortion -inducing drugs, it is essential that the 11
medical and public health communities have access to accurate information on 12
the efficacy of abortion -inducing drugs and resulting complications; 13
(7) Abortion “recordkeeping and reporting requirements that are 14
reasonably directed to the preservation of maternal health and that properly 15
respect a patient's confidentiality and privacy are permissible”, as stated 16
in Planned Parenthood v. Danforth, 428 U.S. 52, 80 (1976); and 17
(8) “The collection of information with respect to actual 18
patients is a vital element of medical research, and so it cannot be said 19
that the [abortion reporting] requirements serve no purpose other than to 20
make abortions more difficult”, as stated in Planned Parenthood v. Casey, 505 21
U.S. 833, 900-901 (1992). 22
(b) Based on the findings in subsection (a) of this section, it is the 23
purpose of this subchapter to: 24
(1) Protect the health and welfare of every woman considering a 25
drug-induced abortion; 26
(2) Ensure that: 27
(A) A physician examines a woman before prescribing, 28
administering, or dispensing an abortion -inducing drug; and 29
(B) A woman considering a drug -induced abortion receives 30
comprehensive information on abortion -inducing drugs; 31
(3) Reduce “the risk that a woman may elect an abortion, only to 32
discover later, with devastating psychological consequences, that her 33
decision was not fully informed”, as stated in Planned Parenthood v. Casey, 34
505 U.S. 833, 882 (1992); and 35
(4) Add to the sum of medical and public health knowledge 36 HB1011
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through the compilation of relevant data on drug -induced abortions performed 1
in the state, as well as on all medical complications and maternal deaths 2
resulting from these abortions. 3
4
SECTION 26. Arkansas Code § 20 -16-1505 is repealed. 5
20-16-1505. Reporting. 6
(a) If a physician provides an abortion -inducing drug to another for 7
the purpose of inducing an abortion as authorized in § 20 -16-1504 and if the 8
physician knows that the woman who uses the abortion -inducing drug for the 9
purpose of inducing an abortion experiences an adverse event, the physician 10
shall provide a written report of the adverse event within three (3) days of 11
the event to the United States Food and Drug Administration via the MedWatch 12
program reporting system and to the Arkansas State Medical Board. 13
(b)(1) The board shall compile and retain all reports it receives 14
under this section. 15
(2)(A) All reports received by the board are public records open 16
to inspection under the Freedom of Information Act of 1967, § 25 -19-101 et 17
seq. 18
(B) The board shall not release to any person or entity 19
the name or any other personal identifying information regarding a person 20
who: 21
(i) Uses an abortion -inducing drug to induce an 22
abortion; and 23
(ii) Is the subject of a report received by the board 24
under this section. 25
26
SECTION 27. Arkansas Code § 20 -16-1506 is repealed. 27
20-16-1506. Criminal penalties. 28
(a) A person who intentionally, knowingly, or recklessly violates a 29
provision of this subchapter is guilty of a Class A misdemeanor. 30
(b) A criminal penalty may not be assessed against the pregnant woman 31
upon whom the drug-induced abortion is performed. 32
33
SECTION 28. Arkansas Code § 20 -16-1507(f) is repealed. 34
(f) Upon a finding of the Arkansas State Medical Board that a 35
physician failed to comply with the requirements of this subchapter, the 36 HB1011
66 11/20/2024 9:27:50 AM
board shall revoke the physician's medical license. 1
2
SECTION 29. Arkansas Code Title 20, Chapter 16, Subchapter 16, is 3
repealed. 4
Subchapter 16 — Advancing Women's Health Act of 2015 5
6
20-16-1601. Definitions. 7
As used in this subchapter: 8
(1)(A) “Abortion” means the act of using or prescribing an 9
instrument, medicine, drug, device, or another substance or means with the 10
intent to terminate the clinically diagnosable pregnancy of a woman with 11
knowledge that the termination by those means will with reasonable likelihood 12
cause the death of the unborn child. 13
(B) An act under subdivision (1)(A) of this section is not 14
an abortion if the act is performed with the intent to: 15
(i) Save the life of the mother; 16
(ii) Save the life or preserve the health of the 17
unborn child; 18
(iii) Remove a dead unborn child caused by 19
spontaneous abortion; or 20
(iv) Remove an ectopic pregnancy; 21
(2) “Abortion referral” means the act of recommending a pregnant 22
woman to a doctor, clinic, or other person or entity for the purpose of 23
obtaining or learning about obtaining an abortion; 24
(3) “Affiliate” means an individual or entity that, directly or 25
indirectly, owns, controls, is controlled by, or is under the common control 26
of another person or entity, in whole or in part, or a subsidiary, parent, or 27
sibling entity; 28
(4) “Pregnancy” means the female reproductive condition of 29
having an unborn child in the woman's uterus; and 30
(5) “Unborn child” means the offspring of human beings from 31
fertilization until birth. 32
33
20-16-1602. Awarding of public funds to entities that perform 34
abortions prohibited. 35
(a) An agency or instrumentality of the state shall not award a grant 36 HB1011
67 11/20/2024 9:27:50 AM
to pay the direct or indirect costs of performing, inducing, referring, or 1
counseling in favor of abortions, including without limitation: 2
(1) Administrative costs and expenses; 3
(2) Overhead costs; 4
(3) Employee salaries; 5
(4) Rent and mortgage payments; and 6
(5) Telephone and other utility payments. 7
(b) An agency or instrumentality of the state shall not grant, 8
appropriate, or distribute a grant to an individual or entity that: 9
(1) Performs abortions, induces abortions, provides abortion 10
referrals, or counsels in favor of elective abortions; or 11
(2) Is an affiliate of a person or entity that performs 12
abortions, induces abortions, provides abortion referrals, or counsels in 13
favor of elective abortions. 14
15
20-16-1603. Construction. 16
(a)(1) This subchapter does not affect the funding of a hospital, 17
medical school, or university. 18
(2) The restrictions under § 20 -16-1602 apply to funding 19
available through the Arkansas Medicaid Program. 20
(b) This subchapter does not create or recognize: 21
(1) A right to an abortion; or 22
(2) A right to public funds, a contract, or a grant. 23
24
SECTION 30. Arkansas Code Title 20, Chapter 16, Subchapter 17, is 25
repealed. 26
Subchapter 17 — Woman's Right-to-Know Act 27
28
20-16-1701. Title. 29
This subchapter shall be known and may be cited as the “Woman's Right -30
to-Know Act”. 31
32
20-16-1702. Definitions. 33
As used in this subchapter: 34
(1)(A) “Abortion” means the act of using or prescribing any 35
instrument, medicine, drug, or other substance, device, or means with the 36 HB1011
68 11/20/2024 9:27:50 AM
intent to terminate the clinically diagnosable pregnancy of a woman with 1
knowledge that the termination by those means will with reasonable likelihood 2
cause the death of the unborn child. 3
(B) A use, prescription, or means under this subdivision 4
(1) is not an abortion if the use, prescription, or means is performed with 5
the intent to: 6
(i) Save the life or preserve the health of the 7
unborn child; 8
(ii) Remove a dead unborn child caused by spontaneous 9
abortion; or 10
(iii) Remove an ectopic pregnancy; 11
(2)(A) “Abortion-inducing drug” means a medicine, drug, or any 12
other substance prescribed or dispensed with the intent of terminating the 13
clinically diagnosable pregnancy of a woman with knowledge that the 14
termination will with reasonable likelihood cause the death of the unborn 15
child. 16
(B) “Abortion-inducing drugs” includes off -label use of 17
drugs known to have abortion -inducing properties, which are prescribed 18
specifically with the intent of causing an abortion, such as misoprostol, 19
Cytotec, and methotrexate. 20
(C) This definition does not apply to drugs that may be 21
known to cause an abortion but which are prescribed for other medical 22
indications such as chemotherapeutic agents or diagnostic drugs. 23
(D) Use of drugs to induce abortion is also known as a 24
medical, drug-induced, or chemical abortion; 25
(3) “Adverse event” means an undesirable experience associated 26
with the use of a medical product in a patient, including without limitation 27
an event that causes: 28
(A) Death; 29
(B) Threat to life; 30
(C) Hospitalization; 31
(D) Disability or permanent damage; 32
(E) Congenital anomaly or birth defect, or both; 33
(F) Required intervention to prevent permanent impairment 34
or damage; or 35
(G) Other serious important medical events, including 36 HB1011
69 11/20/2024 9:27:50 AM
without limitation: 1
(i) Allergic bronchospasm requiring treatment in an 2
emergency room; 3
(ii) Serious blood dyscrasias; 4
(iii) Seizures or convulsions that do not result in 5
hospitalization; and 6
(iv) The development of drug dependence or drug 7
abuse; 8
(4) “Complication” means an adverse physical or psychological 9
condition arising from the performance of an abortion, including without 10
limitation: 11
(A) An adverse reaction to anesthesia or other drugs; 12
(B) Bleeding; 13
(C) A blood clot; 14
(D) Cardiac arrest; 15
(E) Cervical perforation; 16
(F) Coma; 17
(G) Embolism; 18
(H) Endometritis; 19
(I) Failure to actually terminate the pregnancy; 20
(J) Free fluid in the abdomen; 21
(K) Hemorrhage; 22
(L) Incomplete abortion, also referred to as “retained 23
tissue”; 24
(M) Infection; 25
(N) Metabolic disorder; 26
(O) Undiagnosed ectopic pregnancy; 27
(P) Placenta previa in subsequent pregnancies; 28
(Q) Pelvic inflammatory disease; 29
(R) A psychological or emotional complication such as 30
depression, anxiety, or a sleeping disorder; 31
(S) Preterm delivery in subsequent pregnancies; 32
(T) Renal failure; 33
(U) Respiratory arrest; 34
(V) Shock; 35
(W) Uterine perforation; and 36 HB1011
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(X) Other adverse event; 1
(5) “Conception” means the fusion of a human spermatozoon with a 2
human ovum; 3
(6) “Emancipated minor” means a person under eighteen (18) years 4
of age who is or has been married or who has been legally emancipated; 5
(7) “Facility” means a public or private hospital, clinic, 6
center, medical school, medical training institution, healthcare facility, 7
physician's office, infirmary, dispensary, ambulatory surgical treatment 8
center, or other institution or location where medical care is provided to a 9
person; 10
(8) “First trimester” means the first twelve (12) weeks of 11
gestation; 12
(9) “Gestational age” means the time that has elapsed since the 13
first day of the woman's last menstrual period; 14
(10) “Hospital” means any institution licensed as a hospital 15
pursuant to the laws of this state; 16
(11) “Medical emergency” means that condition which, on the basis 17
of the physician's good -faith clinical judgment, complicates the medical 18
condition of a pregnant woman and necessitates the immediate termination of 19
her pregnancy to avert her death or for which a delay will create serious 20
risk of substantial and irreversible impairment of a major bodily function; 21
(12) “Physician” means any person licensed to practice medicine 22
in this state, including medical doctors and doctors of osteopathy; 23
(13) “Pregnant” or “pregnancy” means that female reproductive 24
condition of having an unborn child in the woman's uterus; 25
(14) “Qualified person” means an agent of the physician who is a 26
psychologist, licensed social worker, licensed professional counselor, 27
registered nurse, physician assistant, or physician; 28
(15) “Unborn child” means the offspring of human beings from 29
conception until birth; and 30
(16) “Viability” means the state of fetal development when, in 31
the judgment of the physician based on the particular facts of the case 32
before him or her and in light of the most advanced medical technology and 33
information available to him or her, there is a reasonable likelihood of 34
sustained survival of the unborn child outside the body of his or her mother, 35
with or without artificial support. 36 HB1011
71 11/20/2024 9:27:50 AM
1
20-16-1703. Informed consent requirement. 2
(a) A person shall not perform or induce an abortion without the 3
voluntary and informed consent of the woman upon whom the abortion is to be 4
performed or induced. 5
(b) Except in the case of a medical emergency, consent to an abortion 6
is voluntary and informed only if: 7
(1) At least seventy -two (72) hours before the abortion, the 8
physician who is to perform the abortion or the referring physician has 9
informed the woman, orally and in person, of the following: 10
(A) The name of the physician who will perform the 11
abortion; 12
(B) Medically accurate information that a reasonable 13
patient would consider material to the decision concerning whether or not to 14
undergo the abortion, including: 15
(i) A description of the proposed abortion method; 16
(ii) The immediate and long -term medical risks 17
associated with the proposed abortion method, including without limitation 18
the risks of: 19
(a) Cervical or uterine perforation; 20
(b) Danger to subsequent pregnancies; 21
(c) Hemorrhage; and 22
(d) Infection; and 23
(iii) Alternatives to the abortion; 24
(C) The probable gestational age of the unborn child at 25
the time the abortion is to be performed; 26
(D) The probable anatomical and physiological 27
characteristics of the unborn child at the time the abortion is to be 28
performed; 29
(E) The medical risks associated with carrying the unborn 30
child to term; 31
(F) Any need for anti -Rh immune globulin therapy if the 32
woman is Rh negative, the likely consequences of refusing such therapy, and 33
the cost of the therapy; and 34
(G) Information on reversing the effects of abortion -35
inducing drugs; 36 HB1011
72 11/20/2024 9:27:50 AM
(2) At least seventy -two (72) hours before the abortion, the 1
physician who is to perform the abortion, the referring physician, or a 2
qualified person informs the woman, orally and in person, that: 3
(A) Medical assistance benefits may be available for 4
prenatal care, childbirth, and neonatal care and that more detailed 5
information on the availability of such assistance is contained in the 6
printed materials and informational DVD given to her under § 20 -16-1704; 7
(B) The printed materials and informational DVD under § 8
20-16-1704 describe the unborn child and list agencies that offer 9
alternatives to abortion; 10
(C)(i) The father of the unborn child is liable to assist 11
in the support of the child, even in instances in which he has offered to pay 12
for the abortion. 13
(ii) In a case of rape or incest, the information 14
required under subdivision (b)(2)(C)(i) of this section may be omitted; 15
(D) The woman is free to withhold or withdraw her consent 16
to the abortion at any time without affecting her right to future care or 17
treatment and without the loss of any state or federally funded benefits to 18
which she otherwise might be entitled; 19
(E) The information contained in the printed materials and 20
informational DVD given to her under § 20 -16-1704 is also available on a 21
state website; and 22
(F) Human trafficking literature, also known as “Laura's 23
Card”, as described in § 16 -90-1107; 24
(3)(A) The information required under subdivisions (b)(1) and 25
(2) of this section is provided to the woman individually and in a private 26
room to protect her privacy, to maintain the confidentiality of her decision, 27
to ensure that the information focuses on her individual circumstances, and 28
to ensure that she has an adequate opportunity to ask questions. 29
(B) Subdivision (b)(3)(A) of this section does not 30
preclude the provision of required information through a translator in a 31
language understood by the woman; 32
(4)(A) At least seventy -two (72) hours before the abortion, the 33
woman is given a copy of the printed materials and permitted to view and 34
given a copy of the informational DVD under § 20 -16-1704. 35
(B) If the woman is unable to read the materials, the 36 HB1011
73 11/20/2024 9:27:50 AM
materials shall be read to her in a language she can understand. 1
(C) If the woman asks questions concerning any of the 2
information or materials under this subdivision (b)(4), the person who 3
provides or reads the information or materials shall answer her questions in 4
a language she can understand; 5
(5)(A) At least seventy -two (72) hours before an abortion is 6
performed or induced on a woman whose pregnancy has progressed to twenty (20) 7
weeks' gestation or more, the physician performing the abortion on the 8
pregnant woman, the referring physician, or a qualified person assisting the 9
physician, orally and in person, offers information on fetal pain to the 10
patient. 11
(B) The information required under subdivision (b)(5)(A) 12
of this section and counseling related to that information shall include 13
without limitation the following: 14
(i) That by twenty (20) weeks' gestational age, the 15
unborn child possesses all anatomical links in its nervous system, including 16
spinal cord, nerve tracts, thalamus, and cortex, that are necessary in order 17
to feel pain; 18
(ii) That an unborn child at twenty (20) weeks' 19
gestation or more is fully capable of experiencing pain; 20
(iii) A description of the actual steps in the 21
abortion procedure to be performed or induced and at which steps in the 22
abortion procedure the unborn child is capable of feeling pain; 23
(iv) That maternal anesthesia typically offers little 24
pain prevention for the unborn child; and 25
(v) That an anesthetic or analgesic, or both, are 26
available so that pain to the fetus is minimized or alleviated; 27
(6)(A) Before the abortion, the pregnant woman certifies in 28
writing on a checklist form provided or approved by the Department of Health 29
that the information required under § 20 -16-1704 has been provided. 30
(B) A physician who performs an abortion shall report 31
monthly to the department the total number of certifications the physician 32
has received. 33
(C) The department shall make available to the public 34
annually the number of certifications received under subdivision (b)(6)(B) of 35
this section; 36 HB1011
74 11/20/2024 9:27:50 AM
(7)(A) Except in the case of a medical emergency, the physician 1
who is to perform the abortion receives and signs a copy of the written 2
certification required under subdivision (b)(6)(A) of this section before 3
performing the abortion. 4
(B) The physician shall retain a copy of the checklist 5
certification form in the pregnant woman's medical record; 6
(8) At least seventy -two (72) hours before an abortion that is 7
being performed or induced utilizing abortion -inducing drugs, the physician 8
who is to perform the abortion, the referring physician, or a qualified 9
person informs the pregnant woman, orally and in person, that: 10
(A) It may be possible to reverse the effects of the 11
abortion if the pregnant woman changes her mind, but that time is of the 12
essence; and 13
(B) Information on reversing the effects of abortion -14
inducing drugs is available in materials prepared by the department; 15
(9)(A) After dispensing the first dose of abortion -inducing drugs to a 16
woman, the physician who is to perform the abortion, the referring physician, 17
or a qualified person shall provide a written notice to the patient that 18
states: 19
“Notice to Patients Having Medication Abortions That Use 20
Mifepristone: Mifepristone, also known as ‘RU -486’ or ‘Mifeprex’, alone is 21
not always effective in ending a pregnancy. It may be possible to reverse its 22
intended effect if the second pill or tablet has not been taken or 23
administered. If you change your mind and wish to try to continue the 24
pregnancy, you can locate immediate help by searching the term ‘abortion pill 25
reversal’ on the internet.” 26
(B) The notice shall also include directions to access the 27
department website that is required to be maintained under § 20 -16-1704 and 28
other appropriate telephone and internet resources; and 29
(10) Except in the case of a medical emergency, at least seventy -two 30
(72) hours before the abortion, the pregnant woman signs a form that includes 31
without limitation the following information: 32
(A) A description of the pregnant woman's rights, including the 33
right to informed consent as granted by this subchapter; 34
(B) A detailed description of the surgical procedures or medical 35
procedures, or both, that are planned to be performed on the pregnant woman; 36 HB1011
75 11/20/2024 9:27:50 AM
(C) A detailed list of the risks and hazards related to the 1
surgical or medical procedures that are planned to be for the pregnant woman, 2
including without limitation the following risks and hazards that may occur: 3
(i) Infection; 4
(ii) Blood clots; 5
(iii) Hemorrhage; 6
(iv) Allergic reactions; 7
(v) Uterine perforation, also known as a hole in the 8
uterus, or other damage to the uterus; 9
(vi) Sterility; 10
(vii) Injury to the bowel or bladder; 11
(viii) Possible hysterectomy as a result of complication or 12
injury during the procedure; 13
(ix) Failure to remove all products of conception; 14
(x) Possible continuation of pregnancy; 15
(xi) Cramping of the uterus or pelvic pain; 16
(xii) Cervical laceration; 17
(xiii) Incompetent cervix; 18
(xiv) Emergency treatment for any complications; and 19
(xv) Death; 20
(D) A description of additional information that shall be 21
provided by the physician to the pregnant woman under state law; and 22
(E) Any additional information that may be provided to a woman 23
under the laws of this state in order for a physician to obtain her informed 24
consent before performing an abortion. 25
(c)(1) In the event of a medical emergency requiring an immediate 26
termination of pregnancy, the physician who performed the abortion clearly 27
certifies in writing the nature of the medical emergency and the 28
circumstances that necessitated the waiving of the informed consent 29
requirements under this subchapter. 30
(2) The certification required under subdivision (c)(1) of this 31
section shall be signed by the physician who performed the emergency abortion 32
and shall be permanently filed in both the records of the physician 33
performing the abortion and the records of the facility where the abortion 34
took place. 35
(d) A physician, facility, employee or volunteer of a facility, or any 36 HB1011
76 11/20/2024 9:27:50 AM
other person or entity shall not require or obtain payment for a service 1
provided in relation to abortion to a patient who has inquired about an 2
abortion or scheduled an abortion until the expiration of the seventy -two-3
hour reflection period required in this section. 4
(e) All ultrasound images, test results, and forms signed by the 5
patient or legal guardian shall be retained as a part of the patient's 6
medical record and be made available for inspection by the department or 7
other authorized agency. 8
9
20-16-1704. Publication of materials. 10
(a)(1) The Department of Health shall: 11
(A) Publish easily comprehensible printed materials and an 12
informational DVD in English and Spanish within ninety (90) days after July 13
22, 2015; 14
(B) Develop and maintain a secure internet website, which 15
may be part of an existing website, to provide the information required under 16
this subchapter; and 17
(C) Monitor the website on a weekly basis to prevent and 18
correct tampering. 19
(2) The department shall not collect or maintain information 20
regarding persons using the website. 21
(b) The department shall review and update annually, if necessary, the 22
following printed materials and informational DVD, which shall be easily 23
comprehensible: 24
(1)(A) Geographically indexed materials that inform a pregnant 25
woman seeking an abortion of public and private agencies and services 26
available to assist her through pregnancy, upon childbirth, and while her 27
child is dependent, including without limitation adoption agencies. 28
(B) The materials shall: 29
(i) Include: 30
(a) A comprehensive list of the public and 31
private agencies and services, a description of the services they offer, and 32
the telephone numbers and addresses of the agencies; and 33
(b) The following statement: “There are many 34
public and private agencies willing and able to help you to carry your child 35
to term and to assist you and your child after your child is born, whether 36 HB1011
77 11/20/2024 9:27:50 AM
you choose to keep your child or to place her or him for adoption. The State 1
of Arkansas strongly urges you to contact one or more of these agencies 2
before making a final decision about abortion. The law requires that your 3
physician or his or her agent give you the opportunity to call agencies like 4
these before you undergo an abortion.”; 5
(ii) Inform the pregnant woman about available 6
medical assistance benefits for prenatal care, childbirth, and neonatal care; 7
(iii) Contain a toll -free, twenty-four-hour telephone 8
number that may be called to obtain information about the agencies in the 9
geographic area of the caller and of the services offered; and 10
(iv) State that: 11
(a) It is unlawful for any individual to 12
coerce a woman to undergo an abortion; 13
(b) If a minor is denied financial support by 14
the minor's parents, guardian, or custodian due to the minor's refusal to 15
undergo an abortion, the minor shall be deemed emancipated for the purposes 16
of eligibility for public assistance benefits, except that benefits may not 17
be used to obtain an abortion; 18
(c) A physician who performs an abortion upon 19
a woman without her informed consent may be liable to her for damages in a 20
civil action; and 21
(d) The law permits adoptive parents to pay 22
costs of prenatal care, childbirth, and neonatal care. 23
(C) The department shall ensure that the materials 24
described in this section are comprehensive and do not directly or indirectly 25
promote, exclude, or discourage the use of any public or private agency or 26
service described in this section; 27
(2)(A) Materials that include information on the support 28
obligations of a father of a child who is born alive, including without 29
limitation the father's legal duty to support the child, including child 30
support payments and health insurance, and the fact that paternity may be 31
established by the father's signature on a birth certificate, by a statement 32
of paternity, or by court action. 33
(B) The materials shall state that more information 34
concerning establishment of paternity and child support services and 35
enforcement may be obtained by calling state or county public assistance 36 HB1011
78 11/20/2024 9:27:50 AM
agencies; 1
(3)(A) Materials that describe the probable anatomical and 2
physiological characteristics of the unborn child at two -week gestational 3
increments from fertilization to full term, including color photographs of 4
the unborn child at two -week gestational increments. 5
(B) The materials and descriptions shall: 6
(i)(a) Include information about brain and heart 7
functions, the presence of external features and internal organs during the 8
applicable stages of development, and any relevant information on the 9
possibility of the unborn child's survival. 10
(b) If a photograph is not available, a 11
picture shall contain the dimensions of the unborn child and shall be 12
realistic; and 13
(ii) Be objective, nonjudgmental, and designed to 14
convey only accurate scientific information about the unborn child at the 15
various gestational ages; 16
(4) Materials that contain objective information describing the 17
various surgical and drug -induced methods of abortion, as well as the 18
immediate and long-term medical risks commonly associated with each abortion 19
method, including without limitation the risks of: 20
(A) Cervical or uterine perforation or rupture; 21
(B) Danger to subsequent pregnancies; 22
(C) Hemorrhage; 23
(D) Infection; 24
(E) Medical risks associated with carrying a child to term 25
following an abortion; and 26
(F) Possible adverse psychological effects associated with 27
an abortion; 28
(5) A uniform resource locator for the state website where the 29
materials required under this section can be found; 30
(6)(A) Materials that include information on the potential 31
ability of a qualified person to reverse the effects of abortion -inducing 32
drugs, such as mifepristone, Mifeprex, and misoprostol, including without 33
limitation information directing a woman to obtain further information at 34
appropriate websites and by contacting appropriate agencies for assistance in 35
locating a healthcare professional to aid in the reversal of an abortion. 36 HB1011
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(B) The materials shall include a notice to the patient 1
that states: 2
“Notice to Patients Having Medication Abortions That Use 3
Mifepristone: Mifepristone, also known as ‘RU -486’ or ‘Mifeprex’, alone is 4
not always effective in ending a pregnancy. It may be possible to reverse its 5
intended effect if the second pill or tablet has not been taken or 6
administered. If you change your mind and wish to try to continue the 7
pregnancy, you can locate immediate help by searching the term ‘abortion pill 8
reversal’ on the internet.” 9
(C) The notice shall also include directions to access the 10
department website and other appropriate telephone and internet resources; 11
and 12
(7) A checklist certification form to be used by the physician 13
or a qualified person assisting the physician that lists the items of 14
information to be given to the woman by a physician or the agent under this 15
subchapter. 16
(c) The materials shall be printed in a typeface large enough to be 17
clearly legible. 18
(d)(1) The department shall produce a standard format DVD that may be 19
used statewide presenting the information required under this section. 20
(2) In preparing the DVD, the department may summarize and make 21
reference to the comprehensive printed list of geographically indexed names 22
and services described in this section. 23
(3)(A) The DVD shall show, in addition to the information 24
described in this section, an ultrasound of the heartbeat of an unborn child 25
at four to five (4-5) weeks' gestational age, at six to eight (6 -8) weeks' 26
gestational age, and each month thereafter, until viability. 27
(B) The information in the DVD shall be presented in an 28
objective, unbiased manner designed to convey only accurate scientific 29
information. 30
(e) The materials and the DVD required under this section shall be 31
available at no cost from the department upon request and in appropriate 32
number to any person, facility, or hospital. 33
34
20-16-1705. Prevention of forced abortion — Signage in abortion 35
facilities. 36 HB1011
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(a)(1) A licensed facility where abortions are performed shall post a 1
sign conspicuously in a location defined in subsection (b) of this section 2
that is clearly visible to all individuals who enter and that features the 3
text contained in subdivision (a)(2) of this section. 4
(2) The sign shall display the following text: 5
“It is against the law for anyone, regardless of his or her 6
relationship to you, to force you to have an abortion. You have the right to 7
contact any local or state law enforcement or any social service agency to 8
receive protection from any actual or threatened physical, emotional, or 9
psychological abuse. It is against the law to perform, induce, prescribe for, 10
or provide you with the means for an abortion without your voluntary 11
consent.” 12
(b) The sign shall be posted in each waiting room, patient 13
consultation room, and procedure room used by patients for whom abortions are 14
performed, induced, prescribed or for whom the means for an abortion are 15
provided. 16
(c) The continued posting of signage shall be a condition of licensure 17
of any facility that performs or induces abortions. 18
(d) The display of signage does not discharge the duty of a facility 19
to have a physician orally inform a pregnant woman of information and 20
materials contained in § 20 -16-1703. 21
(e)(1) The Department of Health shall provide all signs required by 22
this section to the licensed abortion facility. 23
(2) The department may require that a licensed abortion facility 24
reimburse the department for any costs associated with the sign or signs. 25
26
20-16-1706. Medical emergencies. 27
When a medical emergency compels the performance of an abortion, the 28
physician shall inform the woman before the abortion, if possible, of the 29
medical indications supporting the physician's judgment that an immediate 30
abortion is necessary to avert her death or that a seventy -two-hour delay 31
will cause substantial and irreversible impairment of a major bodily 32
function. 33
34
20-16-1707. Rules — Collection and reporting of information. 35
(a) The Department of Health shall develop and promulgate rules 36 HB1011
81 11/20/2024 9:27:50 AM
regarding reporting requirements. 1
(b)(1) The Arkansas Center for Health Statistics shall ensure that all 2
information collected by the center regarding abortions performed in this 3
state shall be available to the public in printed form and on a twenty -four-4
hour basis on the center's website. 5
(2) In no case shall the privacy of a patient or doctor be 6
compromised. 7
(c) The information collected by the center regarding abortions 8
performed in this state shall be continually updated. 9
(d)(1)(A) By June 3 of each year, the department shall issue a public 10
report providing statistics on the number of women who were provided 11
information and materials pursuant to this subchapter during the previous 12
calendar year. 13
(B) Each report shall also provide the statistics for all 14
previous calendar years, adjusted to reflect any additional information 15
received after the deadline. 16
(2) The department shall take care to ensure that none of the 17
information included in the public reports could reasonably lead to the 18
identification of any individual who received information or materials in 19
accordance with § 20 -16-1703. 20
21
20-16-1708. Rules. 22
(a)(1) The Department of Health shall adopt rules to implement this 23
subchapter. 24
(2) The department may add by rule additional examples of 25
complications to supplement those in § 20 -16-1703. 26
(b) The Arkansas State Medical Board shall promulgate rules to ensure 27
that physicians who perform abortions, referring physicians, or agents of 28
either physician comply with all the requirements of this subchapter. 29
30
20-16-1709. Criminal penalty. 31
A person who intentionally, knowingly, or recklessly violates this 32
subchapter commits a Class A misdemeanor. 33
34
20-16-1710. Civil penalties. 35
(a) In addition to any remedies available under the common law or 36 HB1011
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statutory law of this state, failure to comply with the requirements of this 1
subchapter shall provide a basis for a: 2
(1) Civil malpractice action for actual and punitive damages; 3
and 4
(2) Professional disciplinary action under the Arkansas Medical 5
Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17 -95-401 et 6
seq. 7
(b) A civil liability shall not be assessed against the woman upon 8
whom the abortion is performed. 9
(c) When requested, the court shall allow a woman to proceed using 10
solely her initials or a pseudonym and may close the proceedings in the case 11
and enter other protective orders to preserve the privacy of the woman upon 12
whom the abortion was performed or attempted. 13
(d) If judgment is rendered in favor of the plaintiff, the court shall 14
also render judgment for a reasonable attorney's fee in favor of the 15
plaintiff against the defendant. 16
(e) If judgment is rendered in favor of the defendant and the court 17
finds that the plaintiff's suit was frivolous and brought in bad faith, the 18
court shall also render judgment for a reasonable attorney's fee in favor of 19
the defendant against the plaintiff. 20
21
20-16-1711. Construction. 22
(a) This subchapter does not create or recognize a right to abortion. 23
(b) This subchapter is not intended to make lawful an abortion that is 24
currently unlawful. 25
26
SECTION 31. Arkansas Code Title 20, Chapter 16, Subchapter 18, is 27
repealed. 28
Subchapter 18 — Arkansas Unborn Child Protection from Dismemberment Abortion 29
Act 30
31
20-16-1801. Title. 32
This subchapter shall be known and may be cited as the “Arkansas Unborn 33
Child Protection from Dismemberment Abortion Act”. 34
35
20-16-1802. Definitions. 36 HB1011
83 11/20/2024 9:27:50 AM
As used in this subchapter: 1
(1) “Abortion” means the use or prescription of any instrument, 2
medicine, drug, or any other substance or device: 3
(A) To terminate the pregnancy of a woman known to be 4
pregnant with an intention other than to: 5
(i) Increase the probability of a live birth; 6
(ii) Preserve the life or health of the child after 7
live birth; or 8
(iii) Remove a dead unborn child who died in utero as 9
the result of natural causes, accidental trauma, or a criminal assault on the 10
pregnant woman or her unborn child; and 11
(B) Which causes the premature termination of the 12
pregnancy; 13
(2) “Attempt to perform or induce an abortion” means an act or 14
an omission of a statutorily required act, that under the circumstances as 15
the actor believes them to be, constitutes a substantial step in a course of 16
conduct planned to culminate in the performance or induction of an abortion 17
in this state in violation of this subchapter; 18
(3)(A)(i) “Dismemberment abortion” means an abortion performed 19
with the purpose of causing the death of an unborn child that purposely 20
dismembers the living unborn child and extracts one (1) piece at a time from 21
the uterus through the use of clamps, grasping forceps, tongs, scissors, or 22
similar instruments that, through the convergence of two (2) rigid levers, 23
slice, crush, or grasp a portion of the body of the unborn child to cut or 24
tear off a portion of the body of the unborn child. 25
(ii) “Dismemberment abortion” includes an abortion in 26
which suction is used to extract the body of the unborn child subsequent to 27
the dismemberment of the unborn child as described under subdivision 28
(3)(A)(i) of this section. 29
(B) “Dismemberment abortion” does not include an abortion 30
that uses suction to dismember the body parts of the unborn child into a 31
collection container; 32
(4) “Physician” means any person licensed to practice medicine 33
in this state, including a medical doctor or a doctor of osteopathy; 34
(5) “Purposely” means to act with purpose with respect to a 35
material element of an offense when: 36 HB1011
84 11/20/2024 9:27:50 AM
(A) If the element involves the nature of the conduct of 1
the actor or a result of the conduct of the actor, it is the conscious object 2
of the actor to engage in conduct of that nature or cause such a result; and 3
(B) If the element involves the attendant circumstances, 4
the actor is aware of the existence of such circumstances or the actor 5
believes or hopes that such circumstances exist; 6
(6)(A) “Serious health risk to the pregnant woman” means a 7
condition that, in a reasonable medical judgment, complicates the medical 8
condition of a pregnant woman to such an extent that the abortion of a 9
pregnancy is necessary to avert either the death of the pregnant woman or the 10
serious risk of substantial and irreversible physical impairment of a major 11
bodily function of the pregnant woman. 12
(B) “Serious health risk to the pregnant woman” does not 13
include: 14
(i) A psychological or emotional condition; or 15
(ii) A medical diagnosis that is based on a claim of 16
the pregnant woman or on a presumption that the pregnant woman will engage in 17
conduct that could result in her death or that could cause substantial and 18
irreversible physical impairment of a major bodily function of the pregnant 19
woman; 20
(7) “Unborn child” means an individual organism of the species 21
Homo sapiens from fertilization until live birth; and 22
(8) “Woman” means a female human being whether or not she has 23
reached the age of majority. 24
25
20-16-1803. Ban on dismemberment abortion. 26
(a) A person shall not purposely perform or attempt to perform a 27
dismemberment abortion and thereby kill an unborn child unless it is 28
necessary to prevent a serious health risk to the pregnant woman. 29
(b)(1) A person who is accused of violating subsection (a) of this 30
section may seek a hearing before the Arkansas State Medical Board regarding 31
whether the dismemberment abortion was necessary to prevent a serious health 32
risk to the pregnant woman. 33
(2) The findings of the board are admissible in any court 34
proceedings under this subchapter. 35
(3) Upon a motion by the person who is accused of violating 36 HB1011
85 11/20/2024 9:27:50 AM
subsection (a) of this section, a court shall delay the beginning of a trial 1
for no more than thirty (30) days to permit a hearing under subdivision 2
(b)(1) of this section. 3
(c) The following individuals are excluded from liability under this 4
subchapter: 5
(1) A woman who receives or attempts to receive a dismemberment 6
abortion; 7
(2) A nurse, technician, secretary, receptionist, or other 8
employee or agent who is not a physician but acts at the direction of a 9
physician; and 10
(3) A pharmacist or other individual who is not a physician but 11
who fills a prescription or provides instruments or materials used in a 12
dismemberment abortion to the physician or at the direction of the physician. 13
(d)(1) This subchapter does not prohibit an abortion by any other 14
method for any reason, including rape or incest when documentation is 15
presented that states that the crime has been reported to law enforcement. 16
(2) The physician or abortion facility shall: 17
(A) File the documentation that a crime has been reported 18
to law enforcement in the pregnant woman's medical record; and 19
(B) Report to the Department of Health the number of 20
abortions performed because of rape or incest. 21
22
20-16-1804. Civil remedies — Attorney's fees. 23
(a)(1) A cause of action for injunctive relief against a person who 24
has purposely violated this subchapter may be maintained by: 25
(A) The woman who receives or attempted to receive a 26
dismemberment abortion in violation of this subchapter; 27
(B) A person who is the spouse, parent, or legal guardian 28
of the woman who receives or attempted to receive a dismemberment abortion in 29
violation of this subchapter; or 30
(C) A current or former licensed healthcare provider of 31
the woman who receives or attempted to receive a dismemberment abortion in 32
violation of this subchapter. 33
(2) The injunction shall prevent the abortion provider from 34
performing or attempting to perform further dismemberment abortions in 35
violation of this subchapter. 36 HB1011
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(b)(1) A cause of action for civil damages against a person who has 1
purposely violated this subchapter may be maintained by: 2
(A) The woman who receives a dismemberment abortion in 3
violation of this subchapter; 4
(B) The father of the unborn child, if the father is 5
married to the woman at the time the dismemberment abortion was performed in 6
violation of this subchapter; or 7
(C) If the woman who received a dismemberment abortion in 8
violation of this subchapter is a minor or has died as a result of the 9
dismemberment abortion, the parents or legal guardians of the woman who 10
received a dismemberment abortion in violation of this subchapter. 11
(2) Civil damages shall not be awarded to a plaintiff if the 12
pregnancy resulted from the criminal conduct of the plaintiff. 13
(3) Civil damages shall include: 14
(A) Monetary damages for psychological injuries and 15
physical injuries associated with the dismemberment abortion; and 16
(B) Statutory damages equal to three (3) times the cost of 17
the dismemberment abortion. 18
(c)(1) If judgment is rendered in favor of the plaintiff, the court 19
shall also render judgment for a reasonable attorney's fee in favor of the 20
plaintiff against the defendant. 21
(2) If judgment is rendered in favor of the defendant and the 22
court finds that the plaintiff's suit was frivolous and brought in bad faith, 23
the court shall also render judgment for a reasonable attorney's fee in favor 24
of the defendant against the plaintiff. 25
(3) A reasonable attorney's fee shall not be assessed against 26
the woman who received a dismemberment abortion. 27
28
20-16-1805. Criminal penalty. 29
A person who violates § 20 -16-1803(a) commits a Class D felony. 30
31
20-16-1806. Protection of privacy in court proceedings. 32
(a) In a civil proceeding or action brought under this subchapter, the 33
court shall determine whether the anonymity of a woman who received or 34
attempted to receive a dismemberment abortion shall be preserved from public 35
disclosure without her written consent. 36 HB1011
87 11/20/2024 9:27:50 AM
(b)(1) Upon determining that the anonymity of a woman who received or 1
attempted to receive a dismemberment abortion shall be preserved, the court 2
shall issue an order to the parties, witnesses, and counsel and shall direct 3
the sealing of the record and exclusion of individuals from courtrooms or 4
hearing rooms to the extent necessary to safeguard from public disclosure the 5
identity of the woman who received or attempted to receive a dismemberment 6
abortion. 7
(2) An order under subdivision (b)(1) of this section shall be 8
accompanied by specific written findings explaining: 9
(A) Why the anonymity of the woman who received or 10
attempted to receive a dismemberment abortion should be preserved from public 11
disclosure; 12
(B) Why the order is essential to that end; 13
(C) How the order is narrowly tailored to serve that end; 14
and 15
(D) Why no reasonable, less restrictive alternative 16
exists. 17
(3) In the absence of written consent of the woman who received 18
or attempted to receive a dismemberment abortion, anyone other than a public 19
official who brings an action under § 20 -16-1804 shall bring the action under 20
a pseudonym. 21
(4) This subsection does not conceal from the defendant the 22
identity of the plaintiff or of a witness. 23
24
20-16-1807. Construction. 25
This subchapter does not: 26
(1) Create or recognize a right to abortion; 27
(2) Create or recognize a right to a particular method of 28
abortion; or 29
(3) Make lawful an abortion that is currently unlawful under any 30
law of this state. 31
32
SECTION 32. Arkansas Code Title 20, Chapter 16, Subchapter 19, is 33
repealed. 34
Subchapter 19 — Sex Discrimination by Abortion Prohibition Act 35
36 HB1011
88 11/20/2024 9:27:50 AM
20-16-1901. Title. 1
This subchapter shall be known and may be cited as the “Sex 2
Discrimination by Abortion Prohibition Act”. 3
4
20-16-1902. Legislative findings and purpose. 5
(a) The General Assembly finds that: 6
(1) With regard to sex -selection abortion: 7
(A) The victims of sex -selection abortion are 8
overwhelmingly female; 9
(B) A sex-selection abortion is used to prevent the birth 10
of a child of an undesired sex; 11
(C) The United States, along with other countries, has 12
petitioned the United Nations General Assembly to declare sex -selection 13
abortion a crime against women; 14
(D) Countries such as India, Great Britain, and China have 15
taken steps to end sex -selection abortions; 16
(E) Women are a vital part of our society and culture and 17
possess the same fundamental human rights as men; 18
(F) The United States prohibits discrimination on the 19
basis of sex in various areas, including employment, education, athletics, 20
and health insurance; 21
(G) It is undesirable to have a distortion in the sex 22
ratio within a society, particularly when there is a shortage of women; and 23
(H) Countries with high rates of male preference have 24
experienced ill effects as a result of having an increasing population of 25
young, unmarried men; and 26
(2) With regard to maternal health: 27
(A) It is undisputed that abortion risks to maternal 28
health increase as gestation increases; 29
(B) The risk of death for pregnant women at eight (8) 30
weeks' gestation is one (1) death per one million (1,000,000) and rises to: 31
(i) One (1) death per twenty -nine thousand (29,000) 32
abortions between sixteen (16) and twenty (20) weeks' gestation; and 33
(ii) One (1) death per eleven thousand (11,000) 34
abortions at twenty-one (21) weeks' gestation or later; 35
(C) A woman is thirty -five (35) times more likely to die 36 HB1011
89 11/20/2024 9:27:50 AM
from an abortion performed at twenty (20) weeks' gestation than she would 1
have been had the abortion been performed in the first trimester; 2
(D) A woman is ninety -one (91) times more likely to die 3
from an abortion performed at twenty -one (21) weeks' gestation or later than 4
she would have been had the abortion been performed in the first trimester; 5
and 6
(E) Because abortions performed solely based on the sex of 7
a child are generally performed later in pregnancy, women undergoing these 8
abortions are unnecessarily exposed to increased health risks, including an 9
exponentially higher risk of death. 10
(b) Based on the findings in this section, the purpose of this 11
subchapter is to: 12
(1) Ban abortions performed solely for reasons of sex -selection; 13
and 14
(2) Protect women from the risks inherent in late -term 15
abortions. 16
17
20-16-1903. Definitions. 18
As used in this subchapter: 19
(1)(A) “Abortion” means the act of using or prescribing any 20
instrument, medicine, drug, or any other substance, device, or means with the 21
intent to terminate the clinically diagnosable pregnancy of a woman, with 22
knowledge that the termination by any of those means will with reasonable 23
likelihood cause the death of the unborn child. 24
(B) An act under subdivision (1)(A) of this section is not 25
an abortion if the act is performed with the intent to: 26
(i) Save the life or preserve the health of the 27
unborn child; 28
(ii) Remove a dead unborn child caused by spontaneous 29
abortion; or 30
(iii) Remove an ectopic pregnancy; 31
(2) “Incompetent” means an individual who has been adjudicated 32
as an individual with a disability and has had a guardian appointed for her; 33
(3) “Minor” means an individual under eighteen (18) years of 34
age; 35
(4) “Physician” means a person licensed to practice medicine in 36 HB1011
90 11/20/2024 9:27:50 AM
this state, including a medical doctor and a doctor of osteopathy; 1
(5) “Sex-selection abortion” means an abortion performed solely 2
on the basis of the sex of the unborn child; 3
(6) “Unborn child” means the offspring of human beings from 4
conception until birth; and 5
(7) “Viability” means the state of fetal development when, in 6
the judgment of the physician based on the particular facts of the case 7
before him or her and in light of the most advanced medical technology and 8
information available to him or her, there is a reasonable likelihood of 9
sustained survival of the unborn child outside the body of the mother, with 10
or without artificial life support. 11
12
20-16-1904. Prohibition — Sex-selection abortion. 13
(a) A physician or other person shall not intentionally perform or 14
attempt to perform an abortion with the knowledge that the pregnant woman is 15
seeking the abortion solely on the basis of the sex of the unborn child. 16
(b) Before performing an abortion, the physician or other person who 17
is performing the abortion shall: 18
(1)(A) Ask the pregnant woman if she knows the sex of the unborn 19
child. 20
(B) If the pregnant woman knows the sex of the unborn 21
child, the physician or other person who is performing the abortion shall 22
inform the pregnant woman of the prohibition of abortion as a method of sex 23
selection for children; and 24
(2)(A) Request the medical records of the pregnant woman 25
relating directly to the entire pregnancy history of the woman. 26
(B) An abortion shall not be performed until reasonable 27
time and effort is spent to obtain the medical records of the pregnant woman 28
as described in subdivision (b)(2)(A) of this section. 29
(c) If this section is held invalid as applied to the period of 30
pregnancy prior to viability, then the section shall remain applicable to the 31
period of pregnancy subsequent to viability. 32
33
20-16-1905. Criminal penalties. 34
A physician or other person who knowingly performs or attempts to 35
perform an abortion prohibited by this subchapter is guilty of a Class A 36 HB1011
91 11/20/2024 9:27:50 AM
misdemeanor. 1
2
20-16-1906. Civil penalties and professional sanctions. 3
(a)(1) A physician or other person who knowingly violates this 4
subchapter is liable for damages and shall have his or her medical license 5
suspended or revoked as applicable. 6
(2) The physician or other person may also be enjoined from 7
future acts prohibited by this subchapter. 8
(b)(1) A woman who receives an abortion in violation of this 9
subchapter without being informed of the prohibition of abortion as a method 10
of sex selection for children, the parent or legal guardian of the woman if 11
the woman is a minor who is not emancipated, or the legal guardian of the 12
woman if the woman has been adjudicated incompetent, may commence a civil 13
action for any reckless violation of this subchapter and may seek both actual 14
and punitive damages. 15
(2) Damages may include without limitation: 16
(A) Money damages for all psychological and physical 17
injuries occasioned by the violation of this subchapter; and 18
(B) Statutory damages equal to ten (10) times the cost of 19
the abortion performed in violation of this subchapter. 20
(c) A physician or other person who performs an abortion in violation 21
of this subchapter shall be considered to have engaged in unprofessional 22
conduct for which his or her license to provide healthcare services in this 23
state shall be suspended or revoked by the Arkansas State Medical Board. 24
(d)(1) A cause of action for injunctive relief against any physician 25
or other person who has knowingly violated this subchapter may be maintained 26
by: 27
(A) A person who is the spouse, parent, guardian, or 28
current or former licensed healthcare provider of the woman who receives or 29
attempts to receive an abortion in violation of this subchapter; or 30
(B) The Attorney General. 31
(2) The injunction shall prevent the physician or other person 32
from performing further abortions in violation of this subchapter. 33
34
20-16-1907. Exclusion of liability for a woman who undergoes 35
prohibited abortion. 36 HB1011
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(a) A woman who receives or attempts to receive an abortion in 1
violation of this subchapter shall not be prosecuted under this subchapter 2
for conspiracy to violate this subchapter or otherwise be held criminally or 3
civilly liable for any violation. 4
(b) In a criminal proceeding or action brought under this subchapter, 5
a woman who receives or attempts to receive an abortion in violation of this 6
subchapter is entitled to all rights, protections, and notifications afforded 7
to crime victims. 8
(c)(1) In a civil proceeding or action brought under this subchapter, 9
the anonymity of the woman who receives or attempts to receive the abortion 10
in violation of this subchapter shall be preserved from public disclosure 11
unless she gives her consent to disclosure. 12
(2) A court of competent jurisdiction, upon motion or sua 13
sponte, shall issue orders to the parties, witnesses, and counsel and direct 14
the sealing of the record and exclusion of the individuals from the courtroom 15
or hearing room to the extent necessary to safeguard the identity of the 16
woman from public disclosure. 17
(3) In the absence of written consent of the woman who receives 18
or attempts to receive an abortion in violation of this subchapter, a person 19
who initiates a proceeding or action under § 20 -16-1906(b) or § 20-16-1906(d) 20
shall do so under a pseudonym. 21
22
20-16-1908. Construction. 23
(a) This subchapter shall not be construed as creating or recognizing 24
a right to abortion. 25
(b) It is not the intention of this subchapter to make lawful an 26
abortion that is currently unlawful. 27
28
20-16-1909. Right of intervention. 29
The General Assembly by joint resolution may appoint one (1) or more of 30
its members who sponsored or cosponsored this subchapter in his or her 31
official capacity to intervene as a matter of right in any case in which the 32
constitutionality of this law is challenged. 33
34
20-16-1910. Effective date. 35
This subchapter takes effect on January 1, 2018. 36 HB1011
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1
SECTION 33. Arkansas Code Title 20, Chapter 16, Subchapter 20, is 2
repealed. 3
Subchapter 20 — Cherish Act 4
5
20-16-2001. Title. 6
This subchapter shall be known and may be cited as the “Cherish Act”. 7
8
20-16-2002. Legislative findings and intent. 9
(a) The General Assembly finds that: 10
(1)(A) The United States is one (1) of only seven (7) nations in 11
the world that permits nontherapeutic or elective abortion on request after 12
the twentieth week of gestation. 13
(B) Fully seventy-five percent (75%) of all nations do not 14
permit abortion after twelve (12) weeks' gestation, except to save the life 15
and preserve the physical health of the mother; 16
(2) Medical and other authorities now know more about human 17
prenatal development than ever before, including without limitation: 18
(A) Between five (5) and six (6) weeks' gestation, an 19
unborn human being's heart begins to beat; 20
(B) An unborn human being begins to move about in the womb 21
at approximately eight (8) weeks' gestation; 22
(C) At nine (9) weeks' gestation, all basic physiological 23
functions, buds for teeth, eyes, and external genitalia are present; 24
(D)(i) An unborn human being's vital organs begin to 25
function at ten (10) weeks' gestation. 26
(ii) Hair, fingernails, and toenails begin to form at 27
ten (10) weeks' gestation; 28
(E)(i) At eleven (11) weeks' gestation, an unborn human 29
being's diaphragm develops, which can result in hiccups. 30
(ii) In addition, an unborn human being begins to 31
move about freely in the womb; and 32
(F)(i) At twelve (12) weeks' gestation, an unborn human 33
being can open and close his or her fingers, make sucking motions, and sense 34
stimulation from outside the womb. 35
(ii) At this stage, the unborn human being takes on 36 HB1011
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“the human form” in all relevant aspects as stated in Gonzales v. Carhart, 1
550 U.S. 124, 160 (2007); 2
(3) The United States Supreme Court has recognized that a state 3
has an “important and legitimate interest in protecting the potentiality of 4
human life” in Roe v. Wade, 410 U.S. 113, 162 (1973), and, specifically, that 5
“the state has an interest in protecting the life of the unborn” as discussed 6
in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 7
873 (1992); 8
(4)(A) The majority of abortion procedures performed after 9
fifteen (15) weeks' gestation are dismemberment abortions as defined by § 20 -10
16-1802, which are prohibited under the Arkansas Unborn Child Protection from 11
Dismemberment Abortion Act, § 20 -16-1801 et seq. 12
(B) The performance of these types of abortions for 13
nontherapeutic or elective reasons is a barbaric practice that is dangerous 14
for the pregnant woman and demeaning to the medical profession; 15
(5) Most obstetricians and gynecologists practicing in this 16
state do not offer or perform nontherapeutic or elective abortions; 17
(6)(A) According to a 2004 article, abortion can cause 18
significant physical and psychological risks to the pregnant woman that 19
increase with gestational age. 20
(B) Specifically, the relative physical and psychological 21
risks escalate exponentially as gestational age increases in abortions 22
performed after eight (8) weeks' gestation; 23
(7) In the vast majority of uncomplicated pregnancies, the 24
maternal health risks of undergoing an abortion become greater than the risks 25
of carrying a pregnancy to term as the second trimester progresses; 26
(8) In abortions performed after fifteen (15) weeks' gestation, 27
there is a higher risk that a pregnant woman will require a hysterectomy, 28
other reparative surgery, or blood transfusions; and 29
(9) The state has “legitimate interests from the outset of 30
pregnancy in protecting the health of women” as determined by Planned 31
Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 847 (1992), 32
as the “medical, emotional, and psychological consequences of abortion are 33
serious and can be lasting” as stated in H.L. v. Matheson, 450 U.S. 398, 411 34
(1981). 35
(b) It is the intent of the General Assembly to restrict the practice 36 HB1011
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of nontherapeutic or elective abortions to the period up to the eighteenth 1
week of gestation. 2
3
20-16-2003. Definitions. 4
As used in this subchapter: 5
(1)(A) “Abortion” means the act of using or prescribing any 6
instrument, medicine, drug, or any other substance, device, or means with the 7
intent to terminate the clinically diagnosable pregnancy of a woman, with 8
knowledge that the termination by any of those means will with reasonable 9
likelihood cause the death of the unborn child. 10
(B) An act under subdivision (1)(A) of this section is not 11
an abortion if the act is performed with the intent to: 12
(i) Save the life or preserve the health of the 13
unborn child; 14
(ii) Remove a dead unborn child caused by spontaneous 15
abortion; or 16
(iii) Remove an ectopic pregnancy; 17
(2) “Attempt to perform or induce an abortion” means an act or 18
an omission of a statutorily required act that, under the circumstances as 19
the actor believes them to be, constitutes a substantial step in a course of 20
conduct planned to culminate in the performance or induction of an abortion 21
in this state in violation of this subchapter; 22
(3) “Conception” means the fusion of human spermatozoon with a 23
human ovum; 24
(4) “Gestation” means the time that has elapsed since the first 25
day of the woman's last menstrual period; 26
(5) “Human being” means an individual member of the species Homo 27
sapiens from and after the point of conception; 28
(6) “Major bodily function” means the functions of the body, 29
including without limitation functions of the immune system, normal cell 30
growth, and digestive, bowel, bladder, neurological, brain, respiratory, 31
circulatory, endocrine, and reproductive functions; 32
(7) “Medical emergency” means a condition that, on the basis of 33
the physician's good -faith clinical judgment, necessitates an abortion to 34
preserve the life of a pregnant woman whose life is endangered by a physical 35
disorder, physical illness, or physical injury, including a life endangering 36 HB1011
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physical condition arising from the pregnancy itself, or when the 1
continuation of the pregnancy will create a serious risk of substantial and 2
irreversible impairment of a major bodily function; 3
(8) “Physician” means a person licensed to practice medicine in 4
this state, including a medical doctor; and 5
(9) “Probable gestational age” means the age of an unborn human 6
being as calculated from the first day of the last menstrual period of the 7
pregnant woman. 8
9
20-16-2004. Abortion limited to 18 weeks' gestation. 10
(a) Except in a medical emergency or if the pregnancy results from a 11
rape under § 5-14-103 or incest under § 5 -26-202 when documentation is 12
presented that states that the crime has been reported to law enforcement, a 13
person shall not perform, induce, or attempt to perform or induce an abortion 14
unless the physician or referring physician has: 15
(1) Made a determination of the probable gestational age of the 16
unborn human being according to standard medical practices and techniques 17
used in the medical community; and 18
(2) Documented the probable gestational age in the medical 19
records of the pregnant woman and, if required, in a report with the 20
Department of Health as described in subsection (c) of this section. 21
(b) Except in a medical emergency or if the pregnancy results from a 22
rape under § 5-14-103 or incest under § 5 -26-202 when documentation is 23
presented that states that the crime has been reported to law enforcement, a 24
person shall not intentionally or knowingly perform, induce, or attempt to 25
perform or induce an abortion of an unborn human being if the probable 26
gestational age of the unborn human being is determined to be greater than 27
eighteen (18) weeks' gestation. 28
(c)(1) If a physician performs or induces an abortion on an unborn 29
human being whose gestational age is greater than eighteen (18) weeks, the 30
physician shall file a report with the department within fifteen (15) days of 31
the abortion. 32
(2) The report described in subdivision (c)(1) of this section 33
shall contain: 34
(A) The date that the abortion was performed; 35
(B) The specific method used for the abortion; 36 HB1011
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(C) The probable gestational age of the unborn human being 1
and the method used to calculate gestational age; 2
(D) A statement declaring that the abortion was 3
necessitated by a medical emergency; 4
(E) The specific medical indications supporting the 5
abortion and medical emergency; 6
(F) The probable health consequences of the abortion and 7
of the specific method used; and 8
(G) The signature of the physician attesting that the 9
information stated is true and correct to the best of his or her knowledge. 10
(3) A report made under this subsection shall not contain the 11
name of the pregnant woman upon whom the abortion was performed or any other 12
information or identifiers that would make it possible to identify, in any 13
manner or under any circumstances, a woman who obtained or sought to obtain 14
an abortion. 15
(d) The physician or abortion facility shall: 16
(1) File the documentation that a crime has been reported to law 17
enforcement in the pregnant woman's medical record; and 18
(2) Report to the department the number of abortions performed 19
because of rape or incest. 20
21
20-16-2005. Reporting forms. 22
(a) Within thirty (30) days of July 24, 2019, the Department of Health 23
shall create forms required by this subchapter. 24
(b) The reporting requirements shall be enforceable ten (10) days 25
after either July 24, 2019, or the date that the forms described in 26
subsection (a) of this section become available, whichever occurs later. 27
28
20-16-2006. Penalties — Additional enforcement. 29
(a)(1) A person who purposely or knowingly violates this subchapter is 30
guilty of a Class D felony. 31
(2) A woman upon whom an abortion is performed, induced, or 32
attempted in violation of this subchapter shall not be prosecuted for 33
conspiracy to commit a violation of this subchapter. 34
(b) A physician who purposely or knowingly violates this subchapter 35
commits an act of unprofessional conduct that shall result in the Arkansas 36 HB1011
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State Medical Board's suspending or revoking his or her license. 1
(c) A physician who purposely or knowingly delivers to the Department 2
of Health any report required under this subchapter that he or she knows is 3
false is subject to a civil penalty or fine up to two thousand dollars 4
($2,000) per violation imposed by the department. 5
(d) A woman upon whom an abortion has been performed, induced, or 6
attempted in violation of this subchapter may bring an action against the 7
person who purposely, knowingly, or recklessly performed, induced, or 8
attempted the abortion in violation of this subchapter for actual and 9
punitive damages. 10
(e)(1) A cause of action for injunctive relief against a person who 11
has purposely, knowingly, or recklessly violated this subchapter may be 12
maintained by: 13
(A) A prosecuting attorney with appropriate jurisdiction; 14
or 15
(B) The Attorney General. 16
(2) The injunction shall prevent the abortion provider from 17
performing or inducing and from attempting to perform or induce further 18
abortions in violation of this subchapter. 19
(f) If judgment is rendered in favor of the plaintiff in an action 20
described in this section, the court shall also render judgment for a 21
reasonable attorney's fee in favor of the plaintiff against the defendant. 22
(g) If judgment is rendered in favor of the defendant and the court 23
finds that the plaintiff's suit was frivolous and brought in bad faith, the 24
court shall render judgment for reasonable attorney's fees in favor of the 25
defendant against the plaintiff. 26
(h) Damages or attorney's fees shall not be assessed against the woman 27
upon whom an abortion was performed or induced or attempted to be performed 28
or induced except under subsection (d) of this section. 29
30
20-16-2007. Construction. 31
This subchapter does not: 32
(1) Create or recognize a right to abortion; 33
(2) Create or recognize a right to a particular method of 34
abortion; or 35
(3) Make lawful an abortion that is currently unlawful under any 36 HB1011
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law of this state. 1
2
20-16-2008. Right of intervention. 3
(a) The General Assembly by joint resolution may appoint one (1) or 4
more of its members who sponsored or cosponsored this subchapter in his or 5
her official capacity to intervene as a matter of right in any case in which 6
the constitutionality of this law is challenged. 7
(b) The Governor may also intervene as a matter of right in any case 8
in which the constitutionality of this law is challenged. 9
10
SECTION 34. Arkansas Code Title 20, Chapter 16, Subchapter 21, is 11
repealed. 12
Subchapter 21 — Down Syndrome Discrimination by Abortion Prohibition Act 13
14
20-16-2101. Title. 15
This subchapter shall be known and may be cited as the “Down Syndrome 16
Discrimination by Abortion Prohibition Act”. 17
18
20-16-2102. Definitions. 19
As used in this subchapter: 20
(1)(A) “Abortion” means the act of using or prescribing any 21
instrument, medicine, drug, or any other substance, device, or means with the 22
intent to terminate the clinically diagnosable pregnancy of a woman, with 23
knowledge that the termination by any of those means will with reasonable 24
likelihood cause the death of the unborn child. 25
(B) An act under subdivision (1)(A) of this section is not 26
an abortion if the act is performed with the intent to: 27
(i) Save the life or preserve the health of the 28
unborn child or the pregnant woman; 29
(ii) Remove a dead unborn child caused by spontaneous 30
abortion; or 31
(iii) Remove an ectopic pregnancy; 32
(2) “Down Syndrome” means a chromosome disorder associated with 33
either: 34
(A) An extra copy of the chromosome 21, in whole or in 35
part; or 36 HB1011
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(B) An effective trisomy for chromosome 21; 1
(3) “Physician” means a person licensed to practice medicine in 2
this state, including a medical doctor and a doctor of osteopathy; and 3
(4) “Unborn child” means the offspring of human beings from 4
conception until birth. 5
6
20-16-2103. Prohibition — Down Syndrome. 7
(a) A physician shall not intentionally perform or attempt to perform 8
an abortion with the knowledge that a pregnant woman is seeking an abortion 9
solely on the basis of: 10
(1) A test result indicating Down Syndrome in an unborn child; 11
(2) A prenatal diagnosis of Down Syndrome in an unborn child; or 12
(3) Any other reason to believe that an unborn child has Down 13
Syndrome. 14
(b)(1) Before performing an abortion, the physician performing the 15
abortion shall ask the pregnant woman if she is aware of any test results, 16
prenatal diagnosis, or any other evidence that the unborn child may have Down 17
Syndrome. 18
(2) If the pregnant woman knows of any test results, prenatal 19
diagnosis, or any other evidence that the unborn child may have Down 20
Syndrome, the physician who is performing the abortion shall: 21
(A) Inform the pregnant woman of the prohibition of 22
abortion contained in subsection (a) of this section; and 23
(B) Request the medical records of the pregnant woman 24
relevant to determining whether she has previously aborted an unborn child or 25
children after she became aware of any test results, prenatal diagnosis, or 26
any other evidence that the unborn child may have had Down Syndrome. 27
(3) When the physician performing the abortion is required to 28
request the medical records of the pregnant women under subdivision (b)(2)(B) 29
of this section, the physician shall not perform an abortion until the 30
physician spends at least fourteen (14) days to obtain the medical records 31
described in subdivision (b)(2)(B) of this section. 32
(c) If this section is held invalid as applied to the period of 33
pregnancy prior to viability, then this section shall remain applicable to 34
the period of pregnancy subsequent to viability. 35
(d) This section does not apply to an abortion performed on a pregnant 36 HB1011
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woman if the pregnancy is the result of rape or incest. 1
2
20-16-2104. Criminal penalties. 3
A physician or other person who knowingly performs or attempts to 4
perform an abortion prohibited by this subchapter is guilty of a Class D 5
felony. 6
7
20-16-2105. Civil penalties and professional sanctions. 8
(a)(1) A physician who knowingly violates this subchapter is liable 9
for damages and shall have his or her medical license revoked as applicable. 10
(2) The physician may also be enjoined from future acts 11
prohibited by this subchapter. 12
(b)(1) A woman who receives an abortion in violation of this 13
subchapter without being informed of the prohibition of abortion for the 14
purposes of aborting an unborn child diagnosed with Down Syndrome, the parent 15
or legal guardian of the woman if the woman is a minor who is not 16
emancipated, or the legal guardian of the woman if the woman has been 17
adjudicated incompetent, may commence a civil action for any reckless 18
violation of this subchapter and may seek both actual and punitive damages. 19
(2) Damages may include without limitation: 20
(A) Money damages for any psychological and physical 21
injuries occasioned by the violation of this subchapter; and 22
(B) Statutory damages equal to ten (10) times the cost of 23
the abortion performed in violation of this subchapter. 24
(c) A physician or other person who performs an abortion in violation 25
of this subchapter shall be considered to have engaged in unprofessional 26
conduct and his or her license to provide healthcare services in this state 27
shall be revoked by the Arkansas State Medical Board. 28
(d)(1) A cause of action for injunctive relief against any physician 29
or other person who has knowingly violated this subchapter may be maintained 30
by: 31
(A) A person who is the spouse, parent, guardian, or 32
current or former licensed healthcare provider of the woman who receives or 33
attempts to receive an abortion in violation of this subchapter; or 34
(B) The Attorney General. 35
(2) The injunction shall prevent the physician or other person 36 HB1011
102 11/20/2024 9:27:50 AM
from performing further abortions in violation of this subchapter. 1
2
20-16-2106. Exclusion of liability for a woman who undergoes 3
prohibited abortion. 4
(a) A woman who receives or attempts to receive an abortion in 5
violation of this subchapter shall not be prosecuted under this subchapter 6
for conspiracy to violate this subchapter or otherwise be held criminally or 7
civilly liable for any violation of this subchapter. 8
(b) In a criminal proceeding or action brought under this subchapter, 9
a woman who receives or attempts to receive an abortion in violation of this 10
subchapter is entitled to all rights, protections, and notifications afforded 11
to crime victims. 12
(c)(1) In a civil proceeding or action brought under this subchapter, 13
the anonymity of the woman who receives or attempts to receive the abortion 14
in violation of this subchapter shall be preserved from public disclosure 15
unless she gives her consent to disclosure. 16
(2) A court of competent jurisdiction, upon motion or sua 17
sponte, shall issue orders to the parties, witnesses, and counsel and direct 18
the sealing of the record and exclusion of individuals from the courtroom or 19
hearing room to the extent necessary to safeguard the identity of the woman 20
from public disclosure. 21
22
20-16-2107. Right of intervention. 23
The General Assembly by joint resolution may appoint one (1) or more of 24
its members who sponsored or cosponsored this subchapter in his or her 25
official capacity to intervene as a matter of right in any case in which the 26
constitutionality of this law is challenged. 27
28
SECTION 35. Arkansas Code Title 20, Chapter 16, Subchapter 22, is 29
repealed. 30
Subchapter 22 — Prohibition of Public Funding on Human Cloning and 31
Destructive Embry Research Act 32
33
20-16-2201. Title. 34
This subchapter shall be known and may be cited as the “Prohibition of 35
Public Funding of Human Cloning and Destructive Embryo Research Act”. 36 HB1011
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1
20-16-2202. Legislative findings and purpose — Public policy. 2
(a) The General Assembly finds that: 3
(1) The prospect of creating new human life solely to be 4
exploited or destroyed has been condemned on moral grounds as displaying a 5
profound disrespect for a human life; 6
(2) Destructive human embryo research reduces the status of 7
human embryos to a mere means for possible benefit for another person; 8
(3) The moral justification of medical or scientific research 9
cannot be based upon the dehumanizing and utilitarian premise that the ends 10
justify any means; 11
(4) Research and development of therapeutic cloning and methods 12
to ethically obtain adult stem cells have contributed valuable therapeutic 13
advancements and improved patient health and have proven more promising than 14
research involving the destruction or exploitation of human embryos as a 15
therapeutic means; 16
(5) Recent and promising advances in reprogramming human cells 17
to behave as if in an embryonic state render controversial cloned human 18
embryos unnecessary for use in destructive embryo research; 19
(6) Cloning embryos and destructive embryo research require 20
human egg cells which are very expensive to obtain; 21
(7) Harvesting human egg cells also creates significant health 22
risks to a woman, including without limitation: 23
(A) Ovarian hyperstimulation syndrome; 24
(B) Damage to internal organs or blood vessels; 25
(C) Infertility; 26
(D) Depression; and 27
(E) Death; 28
(8) Harvesting human egg cells for research contributes to the 29
commoditization and exploitation of women; 30
(9) Public opinion is divided over the deeply conflicting moral 31
and ethical concerns: 32
(A) Related to payments to women for access to human egg 33
cells; and 34
(B) Surrounding the creation and destruction of human 35
embryos; and 36 HB1011
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(10) Providing public funding of destructive embryo research 1
would be a misuse of revenue collected by the state. 2
(b) Based on the findings in this section, the purpose of this 3
subchapter is to further the important and compelling state interest of: 4
(1) Respecting life and fostering a culture of life; 5
(2) Directing public expenditures: 6
(A) Away from funding research that has not yielded 7
significant scientific contributions or benefit to patients; and 8
(B) Toward funding research that has already made 9
significant contributions to patients; and 10
(3) Relieving the consciences of taxpayers who: 11
(A) Are concerned about the possible exploitation of women 12
that may result from payment for human egg cells; and 13
(B) Object to human cloning and destructive embryo 14
research. 15
(c) Public funding of human cloning and destructive embryo research, 16
including embryonic stem cell research, is against the public policy of this 17
state. 18
19
20-16-2203. Definitions. 20
As used in this subchapter: 21
(1)(A) “Destructive embryo research” means medical procedures, 22
scientific or laboratory research, or other types of investigation that kill 23
or injure the human embryo subject of the procedure or research. 24
(B) “Destructive embryo research” does not include: 25
(i) In vitro fertilization and accompanying embryo 26
transfer to the body of a woman; 27
(ii) Research in the use of nuclear transfer or other 28
cloning techniques to produce molecules, deoxyribonucleic acid, cells other 29
than human embryos, tissues, organs, plants, or animals other than humans; or 30
(iii) Any diagnostic procedure that benefits the 31
human embryo subject of the procedure or research while not imposing risks 32
greater than those considered acceptable for other human research subjects; 33
(2) “Embryo” means an organism of the species Homo sapiens from 34
the single cell stage to eight (8) weeks of development that is derived by 35
fertilization, parthenogenesis, human cloning, or any other means from one 36 HB1011
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(1) or more human gametes or human diploid cells; 1
(3) “Embryonic stem cell” means a stem cell obtained from an 2
embryo of the species Homo sapiens; 3
(4) “Human cloning” means human asexual reproduction 4
accomplished by: 5
(A) Introducing the genetic material from one (1) or more 6
human somatic cells into a fertilized or unfertilized oocyte whose nuclear 7
material has been removed or inactivated so as to produce a living organism, 8
at any stage of development, that is genetically identical to an existing or 9
previously existing human organism; 10
(B) Artificially subdividing a human embryo at any time 11
from the two-cell stage onward resulting in more than one (1) human organism; 12
or 13
(C) Introducing pluripotent stem cells from any source 14
into a human embryo or artificially manufactured human embryo or trophoblast 15
under conditions where the introduced cells generate all or most of the body 16
tissues of the developing organism; 17
(5) “Public funds” means without limitation: 18
(A) Moneys received or collected by the state or any 19
official, department, division, agency, or educational or political 20
subdivision of the state, including without limitation: 21
(i) Moneys derived from federal, state, or local 22
taxes; 23
(ii) Gifts or grants from any source; 24
(iii) Settlement of any claim or cause of action; 25
(iv) Bond proceeds or investment income; 26
(v) Federal grants or payments; or 27
(vi) Intergovernmental transfers; and 28
(B) Moneys received or controlled by an official, 29
department, division, or agency of the state government or any educational or 30
political subdivision of the state pursuant to an appropriation by the 31
General Assembly; and 32
(6) “Somatic cell” means a diploid cell, having a complete set 33
of chromosomes, obtained or derived from a living or deceased human body at 34
any stage of development. 35
36 HB1011
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20-16-2204. Prohibitions. 1
(a) Public funds shall not be used to: 2
(1) Finance human cloning or destructive embryo research, 3
including destructive embryonic stem cell research; 4
(2) Buy, receive, or otherwise transfer a human embryo with the 5
knowledge that the embryo will be subject to destructive research; or 6
(3) Buy, receive, or otherwise transfer gametes with the 7
knowledge that a human embryo will be produced from the gametes to be used in 8
destructive research. 9
(b) The state, a state educational institution, or a political 10
subdivision of the state shall not use public funds, facilities, or employees 11
to knowingly destroy human embryos for the purpose of research or knowingly 12
participate in human cloning or attempted human cloning. 13
14
20-16-2205. Exceptions. 15
This subchapter does not restrict the funding of areas of scientific 16
research not specifically prohibited by this subchapter, including without 17
limitation: 18
(1) In vitro fertilization and accompanying embryo transfer to 19
the body of a woman; 20
(2) Administration of fertility -enhancing drugs; 21
(3) Research in the use of nuclear transfer or other cloning 22
techniques to produce molecules, deoxyribonucleic acid, cells other than 23
human embryos, tissues, organs, plants, or animals other than humans; and 24
(4) Any diagnostic procedure that benefits the human embryo 25
subject to destructive tests while not imposing risks greater than those 26
considered acceptable for other human research subjects. 27
28
20-16-2206. Penalties and sanctions. 29
(a) A person or entity that knowingly fails to comply with the 30
provisions of this subchapter is guilty of a Class A misdemeanor. 31
(b) A person or entity that knowingly fails to comply with the 32
provisions of this subchapter shall be fined a civil penalty in the amount of 33
one thousand dollars ($1,000). 34
(c) A violation of this subchapter may be the basis for: 35
(1) Denying an application for an initial license, permit, 36 HB1011
107 11/20/2024 9:27:50 AM
certificate, or any other form of permission required to practice or engage 1
in a trade, occupation, or profession; 2
(2) Denying an application for renewal of a license, permit, 3
certificate, or any other form of permission required to practice or engage 4
in a trade, occupation, or profession; or 5
(3) Revoking a license, permit, certificate, or any other form 6
of permission required to practice or engage in a trade, occupation, or 7
profession. 8
9
20-16-2207. Standing. 10
A taxpayer of this state or any political subdivision of this state 11
shall have standing to bring suit to enforce this subchapter against: 12
(1) The state, any official, department, division, agency, or 13
political subdivision of this state; and 14
(2) A recipient of public funds that is in violation of this 15
subchapter. 16
17
20-16-2208. Right of intervention. 18
The General Assembly by joint resolution may appoint one (1) or more of 19
its members who sponsored or cosponsored this subchapter in his or her 20
official capacity to intervene as a matter of right in any case in which the 21
constitutionality of this subchapter is challenged. 22
23
SECTION 36. Arkansas Code Title 20, Chapter 16, Subchapter 23, is 24
repealed. 25
Subchapter 23 — Perinatal Palliative Care Information Act 26
27
20-16-2301. Title. 28
This subchapter shall be known and may be cited as the “Perinatal 29
Palliative Care Information Act”. 30
31
20-16-2302. Legislative findings and purpose. 32
(a) The General Assembly finds that: 33
(1) As diagnosis of prenatal conditions improves, more lethal 34
fetal anomalies are diagnosed earlier in pregnancy; 35
(2)(A) Currently, parents are often given minimal options. 36 HB1011
108 11/20/2024 9:27:50 AM
(B) Parents must choose between terminating the pregnancy 1
or simply waiting for the child to die; 2
(3) The majority of parents in the situation described in 3
subdivision (a)(2) of this section choose to terminate the pregnancy, with 4
only twenty percent (20%) of parents deciding to continue the pregnancy; 5
(4) Studies indicate that choosing to terminate a pregnancy can 6
pose severe long-term psychological risks for a woman, including the risk of 7
post-traumatic stress, depression, and anxiety; 8
(5) Parents who choose to continue the pregnancy under the 9
supportive, compassionate care of a perinatal palliative care team report 10
being emotionally and spiritually prepared for the birth of a child; and 11
(6) Studies reveal that when given the option, at least eighty 12
to eighty-seven percent (80-87%) of parents choose to continue their 13
pregnancies in a supportive environment of perinatal palliative care. 14
(b) It is the purpose of this subchapter to: 15
(1) Guarantee that a woman considering an abortion after a 16
diagnosis of a lethal fetal anomaly is presented with information on the 17
option of perinatal palliative care; and 18
(2) Ensure that any abortion choice that a woman makes has been 19
fully informed. 20
21
20-16-2303. Definitions. 22
As used in this subchapter: 23
(1)(A) “Abortion” means the act of using or prescribing any 24
instrument, medicine, drug, or any other substance, device, or means with the 25
intent to terminate the clinically diagnosable pregnancy of a woman, with 26
knowledge that the termination by any of those means will with reasonable 27
likelihood cause the death of the unborn child. 28
(B) An act under subdivision (1)(A) of this section is not 29
an abortion if the act is performed with the intent to: 30
(i) Save the life or preserve the health of the 31
unborn child; 32
(ii) Remove a dead unborn child caused by spontaneous 33
abortion; or 34
(iii) Remove an ectopic pregnancy; 35
(2) “Lethal fetal anomaly” means a fetal condition diagnosed 36 HB1011
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before birth that will result in the death of the unborn child with 1
reasonable certainty within three (3) months of the birth; 2
(3) “Medical emergency” means, based on the good faith clinical 3
judgment of the physician, a condition that has complicated the medical 4
condition of the pregnant woman so as to necessitate the immediate 5
termination of the pregnancy to avert her death or for which a delay will 6
create a serious risk of substantial and irreversible impairment of a major 7
bodily function; 8
(4)(A) “Perinatal palliative care” means comprehensive support 9
to the pregnant woman and her family that includes support from the time of 10
diagnosis, through the time of birth and the death of the infant, and through 11
the postpartum period. 12
(B) “Perinatal palliative care” may include without 13
limitation counseling and medical care by maternal -fetal medical specialists, 14
obstetricians, neonatologists, anesthesia specialists, clergy, social 15
workers, and specialty nurses focused on alleviating fear and ensuring that 16
the woman and her family experience the life and death of the child in a 17
comfortable and supportive environment; and 18
(5) “Physician” means a person licensed to practice medicine in 19
this state, including a medical doctor and a doctor of osteopathy. 20
21
20-16-2304. Informed consent for abortion to include perinatal 22
palliative care information. 23
(a) Except in the case of a medical emergency, consent to an abortion 24
when the unborn child has been diagnosed with a lethal fetal anomaly is 25
voluntary and informed only if at least seventy -two (72) hours before the 26
abortion: 27
(1) The physician performing the abortion has verbally informed 28
the pregnant woman that perinatal palliative care services are available and 29
has offered perinatal palliative care services as an alternative to abortion; 30
and 31
(2) The pregnant woman is given a list of perinatal palliative 32
care services available both in the state and nationally that is prepared by 33
the Department of Health and organized geographically by location. 34
(b) If the pregnant woman declines perinatal palliative care services, 35
the pregnant woman shall certify in writing that: 36 HB1011
110 11/20/2024 9:27:50 AM
(1) She declines the perinatal palliative care services; and 1
(2) She has received the materials described in subdivision 2
(a)(2) of this section. 3
4
20-16-2305. Professional sanctions. 5
(a) A violation of this subchapter shall constitute unprofessional 6
conduct and shall result in the revocation of a physician's license to 7
practice medicine. 8
(b) A violation of this subchapter may be used as the basis for: 9
(1) Denying an application for licensure, certification, permit, 10
registration, or other form of permission required to practice or engage in a 11
trade, occupation, or profession; 12
(2) Denying an application for renewal of licensure, 13
certification, permit, registration, or other form of permission required to 14
practice or engage in a trade, occupation, or profession; and 15
(3) Revoking a license, certification, permit, registration, or 16
other form of permission required to practice or engage in a trade, 17
occupation, or profession. 18
19
20-16-2306. Right of intervention. 20
The General Assembly by joint resolution may appoint one (1) or more of 21
its members who sponsored or cosponsored this subchapter in his or her 22
official capacity to intervene as a matter of right in any case in which the 23
constitutionality of this subchapter is challenged. 24
25
SECTION 37. Arkansas Code Title 20, Chapter 16, Subchapter 24, is 26
repealed. 27
Subchapter 24 — Every Mom Matters Act 28
29
20-16-2401. Title. 30
This subchapter shall be known and may be cited as the “Every Mom 31
Matters Act”. 32
33
20-16-2402. Definitions. 34
As used in this subchapter: 35
(1)(A) “Abortion” means the act of using or prescribing any 36 HB1011
111 11/20/2024 9:27:50 AM
instrument, medicine, drug, or any other substance, device, or means with the 1
intent to terminate the clinically diagnosable pregnancy of a woman, with 2
knowledge that the termination by any of those means will with reasonable 3
likelihood cause the death of the unborn child. 4
(B) An act under subdivision (1)(A) of this section is not 5
an abortion if the act is performed with the intent to: 6
(i) Save the life or preserve the health of the 7
unborn child; 8
(ii) Remove a dead unborn child caused by spontaneous 9
abortion; or 10
(iii) Remove an ectopic pregnancy; 11
(2) “Abuse” means the same as defined in § 12 -18-103; 12
(3) “Agency” means an entity that contracts with the Department 13
of Human Services to provide the services required under § 20-8-1001 or the 14
resource access assistance offer; 15
(4) “Assault” means the act or offense described in §§ 5 -13-204 16
— 5-13-207; 17
(5) “Care agent” means a person employed by an agency to perform 18
the services required by this subchapter; 19
(6) “Human trafficking” means the act or offense described in 20
the Human Trafficking Act of 2013, § 5 -18-101 et seq.; 21
(7) “Medical emergency” means a condition that, based on the 22
good faith clinical judgment of the physician, has complicated the medical 23
condition of the pregnant woman so as to necessitate the immediate 24
termination of the pregnancy to avert the woman's death or for which a delay 25
will create a serious risk of substantial and irreversible impairment of a 26
major bodily function; 27
(8) “Neglect” means the same as defined in § 12 -18-103; and 28
(9) “Sexual assault” means an act or offense described in § 5 -29
14-101 et seq., except for a misdemeanor violation of sexual indecency with a 30
child, § 5-14-110. 31
32
20-16-2403. Resource access assistance offer. 33
(a) A person shall not perform an abortion unless the person verifies 34
that the woman on whom the abortion is to be performed has received a 35
resource access assistance offer. 36 HB1011
112 11/20/2024 9:27:50 AM
(b) A resource access assistance offer under subsection (a) of this 1
section shall consist of a care agent's: 2
(1) Informing the pregnant woman of the availability of free: 3
(A) Healthy pregnancy program services offered under § 20 -4
8-1001(d)(2); and 5
(B) Care plan coordination services offered under § 20 -8-6
1001(d)(3); 7
(2) Providing education on other public and private resources 8
available to address the socioeconomic needs of the pregnant woman or the 9
biological father of the unborn child; 10
(3) Offering screening and assistance for abuse, assault, sexual 11
assault, neglect, coercion, and human trafficking; and 12
(4) Offering medically accurate information using the 13
informational materials described in the Woman's Right -to-Know Act, § 20-16-14
1701 et seq. 15
(c) The pregnant woman is not required to: 16
(1) Initiate any offered services in order to obtain an 17
abortion; or 18
(2) Provide any information to the care agent except her unique 19
identifying number as described in § 20 -16-2407. 20
(d) The resource access assistance offer shall be provided by the 21
state at no cost to the woman. 22
(e) A care agent who provides a resource access assistance offer under 23
this section shall not refer a woman to an abortion provider, recommend 24
abortion, or take any other action that directly or indirectly advises a 25
woman to obtain or assists a woman in obtaining an abortion. 26
27
20-16-2404. Applicability. 28
(a) For healthy pregnancy program services and care plan coordination 29
services offered under § 20 -8-1001(d)(2) and (3): 30
(1) A pregnant woman is not required to initiate or complete 31
healthy pregnancy program services or care plan coordination services in 32
order to obtain an abortion; 33
(2) A pregnant woman who initiates healthy pregnancy program 34
services or care plan coordination services may decline or discontinue the 35
healthy pregnancy program services or care plan coordination services at any 36 HB1011
113 11/20/2024 9:27:50 AM
time; and 1
(3) An agency shall prioritize care plan coordination services 2
and healthy pregnancy program services for women who have received a resource 3
access assistance offer. 4
(b)(1) This subchapter does not apply in the case of a medical 5
emergency. 6
(2) A person who performs an abortion in a medical emergency 7
shall: 8
(A) Include in the pregnant woman's medical records a 9
statement signed by the physician of the pregnant woman certifying the nature 10
of the medical emergency; and 11
(B) Not later than thirty (30) days after the date that 12
the abortion is performed, certify to the Department of Health the specific 13
medical condition that constituted the medical emergency. 14
15
20-16-2405. Agencies. [Effective if contingency in Acts 2023, No. 703, 16
§ 10 is met.] 17
(a) Upon the effective date of this section, the Department of Human 18
Services shall: 19
(1)(A) Contract with a number of agencies sufficient to ensure 20
that each pregnant woman seeking an abortion in Arkansas receives a resource 21
access assistance offer and has the opportunity to receive care plan 22
coordination services and healthy pregnancy program services. 23
(B) The procurement of a vendor to serve as an agency 24
shall be done through the Arkansas Procurement Law, § 19 -11-201 et seq., by 25
the Office of State Procurement; 26
(2) Annually, designate the proportion of resource access 27
assistance offers to be provided by each agency's share of participants in 28
care plan coordination services or healthy pregnancy program services; and 29
(3) Contract only with agencies that are capable of offering all 30
of the services required under § 20 -8-1001 or the resource access assistance 31
offer. 32
(b) An agency shall be able, at a minimum, to provide resource access 33
assistance offers, care plan coordination services, and healthy pregnancy 34
program services by telephonic means using a toll -free number established by 35
the department. 36 HB1011
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(c) Each agency and any subcontractor or care agent of the agency 1
providing services related to § 20 -8-1001 or resource access assistance 2
offers shall not: 3
(1) Be an abortion provider or entity that directly or 4
indirectly assists women in obtaining an abortion; 5
(2) Own, operate, or be affiliated with an abortion provider or 6
an entity that directly or indirectly promotes abortions or assists women in 7
obtaining an abortion; 8
(3) Employ a person who has performed an abortion in the last 9
two (2) years; 10
(4) Have as a director, board member, officer, volunteer, or 11
employee a person who serves in any of these roles for an entity described in 12
subdivisions (c)(1)-(3) of this section; or 13
(5) Refer women to an abortion provider, recommend abortion, or 14
take any other action that directly or indirectly advises or assists a woman 15
in obtaining an abortion. 16
17
20-16-2406. Care agents. 18
A care agent or other person providing healthy pregnancy program 19
services or care plan coordination services through a subcontract with an 20
agency or as a volunteer with an agency shall: 21
(1) Meet the qualifications established by rule of the 22
Department of Health; 23
(2) Have not performed an abortion in the last two (2) years; 24
(3) Have not served as a director, board member, officer, 25
volunteer, or employee for an entity described in § 20 -16-2405(c)(1)-(3) in 26
the last two (2) years; 27
(4) Agree to maintain the confidentiality of information the 28
care agent or other person obtains while performing services under § 20 -8-29
1001 or the resource access assistance offer; 30
(5) Complete a training program using a standardized curriculum 31
regarding recognizing signs that a person may have been a victim of human 32
trafficking and providing appropriate assistance to a person who may have 33
been a victim of human trafficking; and 34
(6) Not refer women to an abortion provider, recommend abortion, 35
or take any other action that directly or indirectly advises a woman to 36 HB1011
115 11/20/2024 9:27:50 AM
obtain or assists a woman in obtaining an abortion. 1
2
20-16-2407. Administration. 3
(a) The Department of Human Services shall: 4
(1)(A) Before implementation of the services under § 20 -8-1001 5
or the resource access assistance offer, create a program -specific website 6
that describes the services offered by § 20 -8-1001 and the resource access 7
assistance offer. 8
(B) The department may also create materials using other 9
media, including print and electronic media, to convey information about the 10
services under § 20-8-1001 and the resource access assistance offer to the 11
public; 12
(2)(A) Establish a single toll -free number for pregnant women 13
seeking an abortion in Arkansas to call in order to receive a resource access 14
assistance offer. 15
(B) The toll-free number shall automatically connect the 16
pregnant woman to an agency based on the proportion determined under § 20 -16-17
2405(a)(2); 18
(3)(A) Before implementation of the resource access assistance 19
offer, develop and maintain a secure database. 20
(B) The secure database shall: 21
(i) Generate a unique identifying number; 22
(ii) Be accessible only to a person who is to perform 23
an abortion or an agent of the person performing an abortion, agencies, and 24
the department; and 25
(iii) Not transmit any information to: 26
(a) The agency or care agent concerning the 27
identity or location of the person who performs the abortion or the facility 28
at which the abortion is performed; or 29
(b) The person providing the abortion or the 30
agent of the person performing the abortion concerning the identity of the 31
agency or care agent providing the resource access assistance offer. 32
(C) The unique identifying number shall not contain 33
personally identifiable information; and 34
(4) For each agency, report on the department's website the 35
percentage of pregnant women who received a resource access assistance offer 36 HB1011
116 11/20/2024 9:27:50 AM
from the agency and subsequently obtained an abortion in the state. 1
(b)(1) Before receiving payment for abortion -related services, 2
administering any sedative or anesthesia, or performing an abortion, a person 3
who is performing an abortion or an agent of the person performing the 4
abortion shall: 5
(A) Register each prospective abortion in the secure 6
database and obtain a unique identifying number for the pregnant woman's 7
prospective abortion; 8
(B) Provide the pregnant woman seeking an abortion with 9
the unique identifying number for her prospective abortion; 10
(C) Record the unique identifying number for the pregnant 11
woman's prospective abortion in the pregnant woman's medical file; 12
(D) Verify through the secure database that the pregnant 13
woman received a resource access assistance offer; 14
(E) Document the verification in the secure database; and 15
(F) Record the verification in the pregnant woman's 16
medical record. 17
(2) Within two (2) business days after performing an abortion, 18
the person who performs the abortion or the person's agent shall report to 19
the department the unique identifying number for each abortion performed and 20
the date and time that the abortion was performed. 21
(c) A care agent shall: 22
(1) Provide the resource access assistance offer, care plan 23
coordination services, and healthy pregnancy program services; and 24
(2) Record the information required under this section. 25
(d) An agency shall: 26
(1) Record and report monthly to the department information 27
pertaining to resource access assistance offers provided by the agency or the 28
care agents employed by the agency, including without limitation: 29
(A) The number of pregnant women who indicated a need for 30
assistance as victims of: 31
(i) Assault, sexual assault, abuse, or neglect; 32
(ii) Coercion; or 33
(iii) Human trafficking; 34
(B) The number of individuals receiving resource access 35
assistance offers who requested care plan coordination services; and 36 HB1011
117 11/20/2024 9:27:50 AM
(C) The number of individuals receiving resource access 1
assistance offers who requested healthy pregnancy program services; 2
(2) Record and report monthly to the department information 3
pertaining to care plan coordination services and healthy pregnancy program 4
services provided by the agency or the care agents employed by the agency, 5
including without limitation: 6
(A) The number of individuals receiving resource access 7
assistance offers who identified a need for support in one (1) or more of the 8
following areas: 9
(i) Abuse, assault, sexual assault, coercion, or 10
neglect; 11
(ii) Education or training for a professional 12
certification; 13
(iii) Housing assistance; 14
(iv) Employment assistance; 15
(v) Resume development; 16
(vi) Childcare; 17
(vii) Adoption services; 18
(viii) Financial assistance; 19
(ix) Substance abuse treatment and alcohol abuse 20
treatment; 21
(x) Mental health care; 22
(xi) Medical care; 23
(xii) Human trafficking; or 24
(xiii) Health benefit plan coverage; and 25
(B) The resources, services, and referrals provided by the 26
agency or a care agent; and 27
(3)(A) Confirm in the secure database using the unique 28
identifying number that a resource access assistance offer was made. 29
(B) The confirmation required under subdivision (d)(3)(A) 30
of this section shall be completed before 11:59 p.m. on the day that the 31
resource access assistance offer was made. 32
33
20-16-2408. Medical record audit procedure. 34
(a) The Department of Health shall audit abortion facilities and 35
persons performing abortions to ensure compliance with this subchapter. 36 HB1011
118 11/20/2024 9:27:50 AM
(b) An audit under subsection (a) of this section shall: 1
(1) Be at a random, unannounced, and reasonable time; 2
(2) Occur at least one (1) time each year for each abortion 3
facility and person who performs abortions; and 4
(3) Consist of: 5
(A) A review of the medical records of no less than ten 6
percent (10%) of the women who obtained an abortion since the last audit was 7
performed; and 8
(B) A verification and confirmation that the person 9
performing the abortion fully complied with the requirements of § 20 -16-10
2407(b). 11
(c) If the department finds that more than five percent (5%) of the 12
audited medical records indicate noncompliance with the requirements of § 20 -13
16-2407(b), the department shall audit the remainder of the medical records 14
of the women who received abortions since the last audit was performed. 15
16
20-16-2409. Penalties. 17
(a)(1) A person who performs an abortion shall be subject to a fine of 18
five thousand dollars ($5,000) for each abortion performed without complying 19
with the requirements of § 20 -16-2407. 20
(2) The abortion facility at which the abortion was performed 21
shall be jointly and severally liable for each fine assessed under 22
subdivision (a)(1) of this section. 23
(b) The fine imposed by this section is in addition to the criminal 24
liability under the Woman's Right -to-Know Act, § 20-16-1701 et seq. 25
(c) The Attorney General or the prosecuting attorney of the judicial 26
district in which the abortion was performed may file an action to recover 27
the fine assessed under subdivision (a)(1) of this section as well as 28
reasonable and necessary attorney's fees and costs incurred in bringing the 29
action. 30
(d)(1) Any person may bring a civil action to recover the civil 31
penalty assessed under this section if: 32
(A) An action has not already been initiated by the 33
Attorney General or the prosecuting attorney of the judicial district in 34
which the abortion was performed; and 35
(B) Another person has not already recovered a fine for 36 HB1011
119 11/20/2024 9:27:50 AM
that specific violation of this subchapter. 1
(2) If the person recovers the fine assessed under this section, 2
the person may also recover attorney's fees and costs incurred in bringing 3
the action. 4
5
20-16-2410. Confidentiality and disclosure. 6
(a) All personally identifiable information held by the Department of 7
Health or Department of Human Services under this subchapter is confidential 8
and is not subject to the Freedom of Information Act of 1967, § 25 -19-101 et 9
seq. 10
(b) Disclosure of information and records may be made: 11
(1) For statistical purposes if a care agent, pregnant woman, 12
biological father of the unborn child, physician, or abortion facility is not 13
identified; 14
(2) With the consent of each person, patient, and abortion 15
facility identified in the information released; or 16
(3) To: 17
(A) Appropriate state agencies or courts to enforce this 18
subchapter; 19
(B) Appropriate state licensing boards to enforce 20
licensing laws; 21
(C) Licensed medical or healthcare personnel currently 22
treating the patient; or 23
(D) Physicians providing abortions or agencies, to the 24
extent necessary to fulfill the agencies' obligations under this subchapter. 25
(c) Disclosure of protected health information that is allowed for 26
public health, safety, and law enforcement purposes is not a violation of the 27
Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104 -28
191. 29
30
20-16-2411. Conscience protections. 31
The Department of Human Services shall not require any care agent or 32
agency to refer a woman for any social or medical service to which the care 33
agent or agency has a conscience objection. 34
35
20-16-2412. Construction. 36 HB1011
120 11/20/2024 9:27:50 AM
This subchapter does not: 1
(1) Create or recognize a right to abortion; 2
(2) Create or recognize a right to a particular method of 3
abortion; or 4
(3) Make lawful an abortion that is currently unlawful under any 5
law of this state. 6
7
SECTION 38. Arkansas Code Title 20, Chapter 16, Subchapter 25, is 8
repealed. 9
Subchapter 25 — Informed Consent for Chemical Abortion Act 10
11
20-16-2501. Title. 12
This subchapter shall be known and may be cited as the “Informed 13
Consent for Chemical Abortion Act”. 14
15
20-16-2502. Definitions. 16
As used in this subchapter: 17
(1)(A) “Chemical abortion” means the use, provision, 18
prescription, or dispensation of a medicine, drug, or any other substance 19
used, provided, prescribed, or dispensed with the intent of terminating the 20
clinically diagnosable pregnancy of a woman, with knowledge that the 21
termination will with reasonable likelihood cause the death of the unborn 22
child. 23
(B) “Chemical abortion” includes the off -label use of 24
drugs known to have abortion -inducing properties, which are prescribed 25
specifically with the intent of causing an abortion, such as misoprostol and 26
methotrexate. 27
(C) “Chemical abortion” does not apply to drugs that may 28
be known to cause an abortion but which are prescribed for other medical 29
indication; and 30
(2) “Medical emergency” means a condition that, on the basis of 31
the physician's good -faith clinical judgment, complicates the medical 32
condition of a pregnant woman and necessitates the immediate termination of 33
her pregnancy to avert her death or for which a delay will create serious 34
risk of substantial and irreversible impairment of a major bodily function. 35
36 HB1011
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20-16-2503. Informed consent for chemical abortions. 1
(a) A chemical abortion shall not be performed or induced without the 2
voluntary and informed consent of the pregnant woman upon whom the chemical 3
abortion is to be performed or induced. 4
(b) Except in the case of a medical emergency, consent to a chemical 5
abortion is voluntary and informational only if at least seventy -two (72) 6
hours before the abortion, the healthcare provider who is to perform the 7
chemical abortion or the referring healthcare provider has informed the 8
pregnant woman, orally and in person, of the following: 9
(1) The probable gestational age of the unborn child as 10
determined by patient history and ultrasound results used to confirm the 11
gestational age; 12
(2) A detailed description of the chemical abortion regimen to 13
be used; 14
(3) A detailed list of the risks and complications related to 15
the specific chemical abortion regimen to be used, including without 16
limitation hemorrhage, failure to remove all pregnancy tissue which may 17
require an additional procedure, sepsis or other infections, sterility, 18
possible continuation of pregnancy, and death; 19
(4) Information about Rh incompatibility, including that if the 20
pregnant woman has an Rh negative blood type, she should receive an injection 21
of Rh immunoglobulin at the time of the chemical abortion to prevent Rh 22
incompatibility in future pregnancies, which can lead to complications and 23
miscarriage; 24
(5) The risks of complications from a chemical abortion increase 25
with advancing gestational age; 26
(6) Information on reversing the effects of the chemical 27
abortion if the pregnant woman changes her mind, but that time is of the 28
essence; 29
(7) Human trafficking literature, also known as “Laura's Card”, 30
as described in § 16 -90-1107; 31
(8) Information about post -abortion care, including how to 32
handle and respond to and report complications from the chemical abortion; 33
and 34
(9) Information on scheduling post -abortion medical visits to 35
ensure completion of the abortion, assess the need for additional procedures 36 HB1011
122 11/20/2024 9:27:50 AM
or care, and assess bleeding or other potential complications. 1
(c)(1) Except in the case of a medical emergency, before a chemical 2
abortion, a pregnant woman shall certify on a written checklist form provided 3
or approved by the Department of Health that the information described in 4
subsection (b) of this section has been provided. 5
(2)(A) The healthcare provider who is to perform the chemical 6
abortion shall receive, sign, and date a copy of the written certification 7
described in subdivision (c)(1) of this section before performing a chemical 8
abortion. 9
(B) The healthcare provider shall retain a copy of the 10
written certification form in the pregnant woman's medical record. 11
12
20-16-2504. Individual reporting — Aggregate reporting. 13
(a)(1) A healthcare provider or healthcare facility shall submit an 14
individual reporting form to the Department of Health within fifteen (15) 15
days after each month's end. 16
(2) The healthcare provider shall sign each individual reporting 17
form. 18
(b)(1) A report submitted as described in subsection (a) of this 19
section is not a public record and shall remain confidential except that a 20
disclosure may be made to law enforcement officials upon an order of a court 21
after an application showing good cause. 22
(2) The court may condition disclosure of information upon any 23
appropriate safeguards the court may impose. 24
(c) The department shall prepare an individual reporting form, which 25
shall include the following information: 26
(1) The date of the chemical abortion; 27
(2) The specific chemical abortion regimen used; 28
(3) The probable gestational age of the unborn child; 29
(4) The age of the pregnant woman at the time the chemical 30
abortion was performed or induced; 31
(5) The pregnant woman's state and county of residence; 32
(6) Whether, before seeking a chemical abortion, the pregnant 33
woman received any other verbal or written counseling related to potential 34
risks or complications and alternatives to a chemical abortion; 35
(7) The specific reason for the chemical abortion, including 36 HB1011
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without limitation: 1
(A) The pregnancy is the result of rape or incest; 2
(B) Economic reasons; 3
(C) The pregnant woman does not want a pregnancy or child 4
at this time; 5
(D) The pregnant woman's physical health is endangered, 6
specifically identifying the reason her physical health is endangered, 7
including any preexisting condition; 8
(E) The pregnant woman's psychological, mental, or 9
emotional health is endangered, specifically identifying the reason her 10
psychological, mental, or emotional health is endangered, including any 11
preexisting condition; 12
(F) The pregnant woman will suffer substantial and 13
irreversible impairment of a major bodily function if the pregnancy 14
continues, specifically identifying the potential impairment; 15
(G) The diagnosis, presence, or presumed presence of a 16
genetic anomaly, specifically identifying the anomaly; or 17
(H) Refusal of the pregnant woman to answer; 18
(8) The number of prior pregnancies, live births, induced 19
abortions, and spontaneous abortions of the pregnant woman; 20
(9) Whether the chemical abortion was paid for by: 21
(A) Private health coverage; 22
(B) Public assistance health coverage; or 23
(C) Self-pay; and 24
(10) Complications, if any and whenever known, from the chemical 25
abortion. 26
(d)(1) A healthcare facility in which a chemical abortion is performed 27
during any quarter year shall file with the department a report showing the 28
total number of chemical abortions performed in the facility during that 29
quarter year. 30
(2) The aggregate report shall include the total number of 31
chemical abortions performed in each trimester of pregnancy. 32
(3) The department shall prepare an aggregate reporting form. 33
(e) The reporting forms under this section shall not contain: 34
(1) The name of the pregnant woman; 35
(2) Common identifiers of the pregnant woman, including her 36 HB1011
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Social Security number or her driver's license number; or 1
(3) Any other information that would make it possible to 2
identify the pregnant woman. 3
(f)(1) The department shall report comprehensive annual statistical 4
data based upon data gathered from the reports under this section to the 5
General Assembly. 6
(2) The annual report shall not disclose or lead to the 7
disclosure of the identity of any healthcare provider or person filing a 8
report under this section or of any woman who is the subject of a report. 9
(3) The annual report shall be made available to the public in a 10
downloadable format on the department's website. 11
(g)(1) The department shall summarize the data collected from the 12
reports required by this section and submit the summary to the Centers for 13
Medicare & Medicaid Services. 14
(2) The summary shall be made available to the public in a 15
downloadable format on the department's website. 16
(h) This section does not preclude the voluntary or required 17
submission of other reports or forms regarding chemical abortion. 18
19
20-16-2505. Collection and reporting of information. 20
(a) The Department of Health shall ensure that all information 21
collected by the department regarding chemical abortions performed in this 22
state shall be available to the public in printed form and on a twenty -four-23
hour basis on the department's website. 24
(b) In no case shall the privacy of a patient or doctor be 25
compromised. 26
(c) The information collected by the department regarding abortions 27
performed in this state shall be continually updated. 28
(d)(1)(A) By June 3 of each year, the department shall issue a public 29
report providing statistics on the number of women who were provided 30
information and materials pursuant to this subchapter during the previous 31
calendar year. 32
(B) Each report shall also provide the statistics for all 33
previous calendar years, adjusted to reflect any additional information 34
received after the deadline. 35
(2) The department shall take care to ensure that none of the 36 HB1011
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information included in the public reports could reasonably lead to the 1
identification of any individual who received information or materials in 2
accordance with § 20 -16-2503. 3
4
20-16-2506. Rules. 5
(a)(1) The State Board of Health shall adopt rules to implement this 6
subchapter. 7
(2) The State Board of Health may add by rule additional 8
examples of complications to supplement those in § 20 -16-2503. 9
(b) The Arkansas State Medical Board shall promulgate rules to ensure 10
that physicians who perform abortions, referring physicians, or agents of 11
either physician comply with all the requirements of this subchapter. 12
13
20-16-2507. Criminal penalty. 14
A person who purposely, knowingly, recklessly, or negligently violates 15
this subchapter commits a Class A misdemeanor. 16
17
20-16-2508. Civil penalties. 18
(a) In addition to any remedies available under the common law or 19
statutory law of this state, failure to comply with the requirements of this 20
subchapter shall provide a basis for a: 21
(1) Civil malpractice action for actual and punitive damages; 22
and 23
(2) Professional disciplinary action under the Arkansas Medical 24
Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17 -95-401 et 25
seq. 26
(b) A civil penalty shall not be assessed against the woman upon whom 27
the abortion is performed. 28
(c) When requested, the court shall allow a woman to proceed using 29
solely her initials or a pseudonym and may close the proceedings in the case 30
and enter other protective orders to preserve the privacy of the woman upon 31
whom the abortion was performed or attempted. 32
(d) If judgment is rendered in favor of the plaintiff, the court shall 33
also render judgment for a reasonable attorney's fee in favor of the 34
plaintiff against the defendant. 35
(e) If judgment is rendered in favor of the defendant and the court 36 HB1011
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finds that the plaintiff's suit was frivolous and brought in bad faith, the 1
court shall also render judgment for a reasonable attorney's fee in favor of 2
the defendant against the plaintiff. 3
4
20-16-2509. Construction. 5
(a) This subchapter does not create or recognize a right to abortion. 6
(b) This subchapter is not intended to make lawful an abortion that is 7
currently unlawful. 8
9
SECTION 39. Arkansas Code Title 25, Chapter 1, Subchapter 6, is 10
repealed. 11
Subchapter 6 — Prohibited Taxpayer Resource Transactions for Abortions 12
13
25-1-601. Definitions. 14
As used in this subchapter: 15
(1)(A) “Abortion” means the act of using or prescribing an 16
instrument, medicine, drug, device, or another substance or means with the 17
intent to terminate the clinically diagnosable pregnancy of a woman with 18
knowledge that the termination by those means will with reasonable likelihood 19
cause the death of the unborn child. 20
(B) “Abortion” as defined under subdivision (1)(A) of this 21
section shall not include an act performed to: 22
(i) Save the life of the mother; 23
(ii) Save the life or preserve the health of the 24
unborn child; 25
(iii) Remove a dead unborn child caused by natural 26
causes; or 27
(iv) Remove an ectopic pregnancy; 28
(2) “Affiliate” means an individual or entity that, directly or 29
indirectly, owns, controls, is controlled by, or is under the common control 30
of another individual or entity, in whole or in part, or a subsidiary, 31
parent, or sibling entity; 32
(3) “Governmental entity” means: 33
(A) This state; 34
(B) A state agency in the executive, judicial, or 35
legislative branch of state government; or 36 HB1011
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(C) A political subdivision of this state; 1
(4) “Political subdivision” means a legally separate and 2
distinct instrumentality of the state, including without limitation a: 3
(A) County; 4
(B) City; or 5
(C) Municipality; and 6
(5)(A) “Taxpayer resource transaction” means a sale, purchase, 7
lease, donation of money, goods, services, or real property, or any other 8
transaction between a governmental entity and a private entity that provides 9
to the private entity something of value derived from state or local tax 10
revenue, regardless of whether the governmental entity receives something of 11
value in return. 12
(B) “Taxpayer resource transaction” includes advocacy or 13
lobbying by or on behalf of a governmental entity in behalf of an abortion 14
provider or an affiliate of an abortion provider, but does not include an: 15
(i) Officer's or employee of a governmental entity's 16
providing information to a member of the legislature or appearing before a 17
legislative committee at the request of the member or committee; 18
(ii) Elected official's advocating for or against 19
legislation pending before the legislature or otherwise influencing or 20
attempting to influence the outcome of legislation pending before the 21
legislature while acting in the capacity of an elected official; or 22
(iii) Individual's speaking as a private citizen on a 23
matter of public concern. 24
(C) “Taxpayer resource transaction” does not include the 25
provision of basic public services, including without limitation fire and 26
police protection and utilities, by a governmental entity to an abortion 27
provider or an affiliate of an abortion provider in the same manner as the 28
governmental entity provides the services to the general public. 29
30
25-1-602. Taxpayer resource transaction prohibited. 31
(a) Except as provided by subsections (b) and (c) of this section, a 32
governmental entity may not enter into a taxpayer resource transaction with 33
an abortion provider or an affiliate of an abortion provider. 34
(b) Subsection (a) of this section does not apply to a taxpayer 35
resource transaction that is subject to a federal law in conflict with 36 HB1011
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subsection (a) of this section as determined and confirmed in writing by the 1
Attorney General. 2
(c) Subsection (a) of this section does not apply to: 3
(1) A hospital licensed under the laws of this state; 4
(2) A state hospital; 5
(3) A teaching hospital of a public or private institution of 6
higher education; or 7
(4) An accredited residency program providing training to 8
resident physicians. 9
(d) Subsection (c) of this section shall not permit the use of 10
taxpayer funds to pay for an abortion. 11
12
25-1-603. Action by Attorney General. 13
(a) The office of the Attorney General may investigate and collect 14
information concerning a violation of this subchapter. 15
(b) The Attorney General may bring an action in the name of the State 16
of Arkansas to enjoin a violation of this subchapter. 17
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