Stricken language would be deleted from and underlined language would be added to present law.
Act 387 of the Regular Session
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State of Arkansas As Engrossed: H3/5/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1610 3
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By: Representatives Lundstrum, Achor, Bentley, A. Brown, K. Brown, M. Brown, R. Burkes, Crawford, 5
Cozart, Gazaway, Gramlich, Hall, L. Johnson, Ladyman, Long, J. Mayberry, Maddox, McClure, 6
McGrew, Milligan, Puryear, Richmond, Rose, Underwood, Rye, Torres, Unger, Wing, Wooten, S. Berry, 7
Barker, C. Cooper, Hawk, McNair, Tosh, Holcomb 8
By: Senators Hickey, Irvin, J. Payton, C. Penzo 9
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For An Act To Be Entitled 11
AN ACT TO AMEND THE ARKANSAS HUMAN LIFE PROTECTION 12
ACT AND THE ARKANSAS UNBORN CHILD PROTECTION ACT; TO 13
MODIFY THE DEFINITION OF "MEDICAL EMERGENCY"; AND FOR 14
OTHER PURPOSES. 15
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Subtitle 18
TO AMEND THE ARKANSAS HUMAN LIFE 19
PROTECTION ACT AND THE ARKANSAS UNBORN 20
CHILD PROTECTION ACT. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. DO NOT CODIFY. Legislative findings and intent. 25
(a) The General Assembly finds that: 26
(1) Emergency medical situations can present a danger to the 27
life of pregnant women and unborn children if proper care and treatment is 28
not rendered; 29
(2)(A) In a tragic case where pregnancy poses a serious danger 30
to a pregnant woman’s life, the General Assembly has prescribed an objective 31
standard, requiring a doctor to exercise “reasonable medical judgment” before 32
ending the pregnancy. 33
(B) The reasonable medical judgment standard is the 34
longstanding norm and applies in all medical contexts; 35
(3)(A) The reasonable medical judgment standard has never been 36 As Engrossed: H3/5/25 HB1610
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found unworkable or vague in any medical context, including abortion. 1
(B) Under Karlin v. Foust, 188 F.3d 446, 464 (7th Cir. 2
1999), the reasonable medical judgement standard “is the same standard by 3
which all ... medical decisions are judged under traditional theories of tort 4
law”; and 5
(4) The addition of guidance and clarifications in state law 6
ensures that physicians and medical facilities will continue to administer 7
appropriate emergency medical treatment to save the lives of pregnant women 8
in medical emergencies. 9
(b) It is the intent of the General Assembly to provide guidance and 10
clarification regarding abortion laws and appropriate emergency medical 11
procedures to save the lives of pregnant women. 12
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SECTION 2. Arkansas Code § 5 -61-303 is amended to read as follows: 14
5-61-303. Definitions. 15
As used in this subchapter: 16
(1)(A) “Abortion” means the act of using, prescribing, 17
administering, procuring, or selling of any instrument, medicine, drug, or 18
any other substance, device, or means with the purpose to terminate the 19
pregnancy of a woman, with knowledge that the termination by any of those 20
means will with reasonable likelihood cause the death of the unborn child. 21
(B) An act under subdivision (1)(A) of this section is not 22
an abortion if the act is performed with the purpose to: 23
(i) Save the life or preserve the health of the 24
unborn child; 25
(ii) Remove a dead unborn child caused by 26
spontaneous abortion; or 27
(iii) Remove an ectopic pregnancy; 28
(2) “Fertilization” means the fusion of a human spermatozoon 29
with a human ovum; 30
(3)(A) “Medical emergency” means a condition in which , in 31
reasonable medical judgment, complicates the medical condition of a pregnant 32
woman to such an extent that termination of a pregnancy an abortion is 33
necessary to preserve the life of a pregnant woman whose life is endangered 34
by a physical disorder, physical illness, or physical injury, including a 35
life-endangering physical condition caused by or arising from the pregnancy 36 As Engrossed: H3/5/25 HB1610
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itself.; and 1
(B) "Medical emergency" does not include: 2
(i) Conditions for which treatment is available that 3
can, in reasonable medical judgement, be expected to preserve or sustain the 4
life of the pregnant woman without ending the pregnancy; 5
(ii) A psychological or emotional condition; or 6
(iii) A medical diagnosis that is based on a claim 7
made by the pregnant woman or based on a presumption that the pregnant woman 8
will engage in conduct that could result in her death or that could cause 9
substantial and irreversible physical impairment of a major bodily function 10
of the pregnant woman; 11
(4) “Reasonable medical judgment” means a medical judgment that 12
would be made or medical action that would be undertaken by a reasonably 13
prudent, qualified physician, knowledgeable about the case and the treatment 14
possibilities with respect to the medical conditions involved; and 15
(4)(5) “Unborn child” means an individual organism of the 16
species Homo sapiens from fertilization until live birth. 17
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SECTION 3. Arkansas Code § 5 -61-304(d), concerning the prohibition 19
within the Arkansas Human Life Protection Act, is amended to read as follows: 20
(d) It is an affirmative defense to prosecution not a violation under 21
this section if a licensed physician provides medical treatment to a pregnant 22
woman which results in the accidental or unintentional injury or death to the 23
unborn child. 24
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SECTION 4. Arkansas Code § 5 -61-403 is amended to read as follows: 26
5-61-403. Definitions. 27
As used in this subchapter: 28
(1)(A) “Abortion” means the act of using, prescribing, 29
administering, procuring, or selling of any instrument, medicine, drug, or 30
any other substance, device, or means with the purpose to terminate the 31
pregnancy of a woman, with knowledge that the termination by any of those 32
means will with reasonable likelihood cause the death of the unborn child. 33
(B) An act under subdivision (1)(A) of this section is not 34
an abortion if the act is performed with the purpose to: 35
(i) Save the life or preserve the health of the 36 As Engrossed: H3/5/25 HB1610
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unborn child; 1
(ii) Remove a dead unborn child caused by 2
spontaneous abortion; or 3
(iii) Remove an ectopic pregnancy; 4
(2) “Fertilization” means the fusion of a human spermatozoon 5
with a human ovum; 6
(3)(A) “Medical emergency” means a condition in which , in 7
reasonable medical judgment, complicates the medical condition of a pregnant 8
woman to such an extent that termination of a pregnancy an abortion is 9
necessary to preserve the life of a pregnant woman whose life is endangered 10
by a physical disorder, physical illness, or physical injury, including a 11
life-endangering physical condition caused by or arising from the pregnancy 12
itself.; and 13
(B) "Medical emergency" does not include: 14
(i) Conditions for which treatment is available that 15
can, in reasonable medical judgement, be expected to preserve or sustain the 16
life of the pregnant woman without ending the pregnancy; 17
(ii) A psychological or emotional condition; or 18
(iii) A medical diagnosis that is based on a claim 19
made by the pregnant woman or based on a presumption that the pregnant woman 20
will engage in conduct that could result in her death or that could cause 21
substantial and irreversible physical impairment of a major bodily function 22
of the pregnant woman; 23
(4) “Reasonable medical judgment” means a medical judgment that 24
would be made or medical action that would be undertaken by a reasonably 25
prudent, qualified physician, knowledgeable about the case and the treatment 26
possibilities with respect to the medical conditions involved; and 27
(4)(5) “Unborn child” means an individual organism of the 28
species Homo sapiens from fertilization until live birth. 29
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SECTION 5. Arkansas Code § 5 -61-404(d), concerning the prohibition 31
within the Arkansas Unborn Child Protection Act, is amended to read as 32
follows: 33
(d) It is an affirmative defense to prosecution not a violation under 34
this section if a licensed physician provides medical treatment to a pregnant 35
woman which results in the accidental or unintentional physical injury or 36 As Engrossed: H3/5/25 HB1610
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death to the unborn child. 1
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/s/Lundstrum 3
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APPROVED: 3/20/25 6
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