Arkansas 2025 Regular Session

Arkansas House Bill HB1610 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 387 of the Regular Session
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4		-
5		-	State of Arkansas As Engrossed: H3/5/25 1
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	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1610 3
8	6		4
9	7		By: Representatives Lundstrum, Achor, Bentley, A. Brown, K. Brown, M. Brown, R. Burkes, Crawford, 5
10		-	Cozart, Gazaway, Gramlich, Hall, L. Johnson, Ladyman, Long, J. Mayberry, Maddox, McClure, 6
11		-	~~McGrew,~~ Milligan, Puryear, Richmond, Rose, Underwood, Rye, Torres, Unger, Wing, Wooten, S. Berry, 7
12		-	~~Barker, C.~~ Cooper, Hawk, McNair, Tosh, Holcomb 8
	8	+	Cozart, Gazaway, Gramlich, Hall, L. Johnson, Ladyman, Long, J. Mayberry, Maddox, McClure, McGrew, 6
	9	+	Milligan, Puryear, Richmond, Rose, Underwood, Rye, Torres, Unger, Wing, Wooten, S. Berry, Barker, C. 7
	10	+	Cooper, Hawk, McNair, Tosh, Holcomb 8
13	11		By: Senators Hickey, Irvin, J. Payton, C. Penzo 9
14	12		10
15	13		For An Act To Be Entitled 11
16	14		AN ACT TO AMEND THE ARKANSAS HUMAN LIFE PROTECTION 12
17	15		ACT AND THE ARKANSAS UNBORN CHILD PROTECTION ACT; TO 13
18	16		MODIFY THE DEFINITION OF "MEDICAL EMERGENCY"; AND FOR 14
19	17		OTHER PURPOSES. 15
20	18		16
21	19		17
22	20		Subtitle 18
23	21		TO AMEND THE ARKANSAS HUMAN LIFE 19
24	22		PROTECTION ACT AND THE ARKANSAS UNBORN 20
25	23		CHILD PROTECTION ACT. 21
26	24		22
27	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
28	26		24
29	27		SECTION 1. DO NOT CODIFY. Legislative findings and intent. 25
30	28		(a) The General Assembly finds that: 26
31	29		(1) Emergency medical situations can present a danger to the 27
32	30		life of pregnant women and unborn children if proper care and treatment is 28
33	31		not rendered; 29
34	32		(2)(A) In a tragic case where pregnancy poses a serious danger 30
35	33		to a pregnant woman’s life, the General Assembly has prescribed an objective 31
36	34		standard, requiring a doctor to exercise “reasonable medical judgment” before 32
37	35		ending the pregnancy. 33
38	36		(B) The reasonable medical judgment standard is the 34
39	37		longstanding norm and applies in all medical contexts; 35
40		-	(3)(A) The reasonable medical judgment standard has never been 36 ~~As Engrossed: H3/5/25~~ HB1610
	38	+	(3)(A) The reasonable medical judgment standard has never been 36 HB1610
41	39
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45	41		found unworkable or vague in any medical context, including abortion. 1
46	42		(B) Under Karlin v. Foust, 188 F.3d 446, 464 (7th Cir. 2
47	43		1999), the reasonable medical judgement standard “is the same standard by 3
48	44		which all ... medical decisions are judged under traditional theories of tort 4
49	45		law”; and 5
50	46		(4) The addition of guidance and clarifications in state law 6
51	47		ensures that physicians and medical facilities will continue to administer 7
52	48		appropriate emergency medical treatment to save the lives of pregnant women 8
53	49		in medical emergencies. 9
54	50		(b) It is the intent of the General Assembly to provide guidance and 10
55	51		clarification regarding abortion laws and appropriate emergency medical 11
56	52		procedures to save the lives of pregnant women. 12
57	53		13
58	54		SECTION 2. Arkansas Code § 5 -61-303 is amended to read as follows: 14
59	55		5-61-303. Definitions. 15
60	56		As used in this subchapter: 16
61	57		(1)(A) “Abortion” means the act of using, prescribing, 17
62	58		administering, procuring, or selling of any instrument, medicine, drug, or 18
63	59		any other substance, device, or means with the purpose to terminate the 19
64	60		pregnancy of a woman, with knowledge that the termination by any of those 20
65	61		means will with reasonable likelihood cause the death of the unborn child. 21
66	62		(B) An act under subdivision (1)(A) of this section is not 22
67	63		an abortion if the act is performed with the purpose to: 23
68	64		(i) Save the life or preserve the health of the 24
69	65		unborn child; 25
70	66		(ii) Remove a dead unborn child caused by 26
71	67		spontaneous abortion; or 27
72	68		(iii) Remove an ectopic pregnancy; 28
73	69		(2) “Fertilization” means the fusion of a human spermatozoon 29
74	70		with a human ovum; 30
75		-	(3)(A) “Medical emergency” means a condition in which , in 31
76		-	reasonable medical judgment, complicates the medical ~~condition of a pregnant~~ 32
77		-	woman to such an extent that termination of a ~~pregnancy an abortion is~~ 33
78		-	necessary to preserve the life of a pregnant woman ~~whose life is endangered~~ 34
79		-	by a physical disorder, physical illness, or ~~physical injury, including a~~ 35
80		-	life-endangering physical condition caused by or ~~arising from the pregnancy~~ 36 ~~As Engrossed: H3/5/25~~ HB1610
	71	+	(3)(A) “Medical emergency” means a condition in which , in the 31
	72	+	reasonable medical judgment of the physician, complicates the medical 32
	73	+	condition of a pregnant woman to such an extent that termination of a 33
	74	+	pregnancy an abortion is necessary to preserve the life of a pregnant woman 34
	75	+	whose life is endangered by a physical disorder, physical illness, or 35
	76	+	physical injury, including a life -endangering physical condition caused by or 36 HB1610
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85		-	itself.; and 1
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	79	+	arising from the pregnancy itself .; and 1
86	80		(B) "Medical emergency" does not include: 2
87	81		(i) Conditions for which treatment is available that 3
88		-	can~~, in reasonable medical judgement,~~ be expected to preserve or sustain the 4
89		-	~~life of the pregnant~~ woman without ending the pregnancy; 5
	82	+	can reasonably be expected to preserve or sustain the life of the pregnant 4
	83	+	woman without ending the pregnancy; 5
90	84		(ii) A psychological or emotional condition; or 6
91	85		(iii) A medical diagnosis that is based on a claim 7
92	86		made by the pregnant woman or based on a presumption that the pregnant woman 8
93	87		will engage in conduct that could result in her death or that could cause 9
94	88		substantial and irreversible physical impairment of a major bodily function 10
95	89		of the pregnant woman; 11
96	90		(4) “Reasonable medical judgment” means a medical judgment that 12
97	91		would be made or medical action that would be undertaken by a reasonably 13
98	92		prudent, qualified physician, knowledgeable about the case and the treatment 14
99	93		possibilities with respect to the medical conditions involved; and 15
100	94		(4)(5) “Unborn child” means an individual organism of the 16
101	95		species Homo sapiens from fertilization until live birth. 17
102	96		18
103	97		SECTION 3. Arkansas Code § 5 -61-304(d), concerning the prohibition 19
104	98		within the Arkansas Human Life Protection Act, is amended to read as follows: 20
105	99		(d) It is an affirmative defense to prosecution not a violation under 21
106	100		this section if a licensed physician provides medical treatment to a pregnant 22
107	101		woman which results in the accidental or unintentional injury or death to the 23
108	102		unborn child. 24
109	103		25
110	104		SECTION 4. Arkansas Code § 5 -61-403 is amended to read as follows: 26
111	105		5-61-403. Definitions. 27
112	106		As used in this subchapter: 28
113	107		(1)(A) “Abortion” means the act of using, prescribing, 29
114	108		administering, procuring, or selling of any instrument, medicine, drug, or 30
115	109		any other substance, device, or means with the purpose to terminate the 31
116	110		pregnancy of a woman, with knowledge that the termination by any of those 32
117	111		means will with reasonable likelihood cause the death of the unborn child. 33
118	112		(B) An act under subdivision (1)(A) of this section is not 34
119	113		an abortion if the act is performed with the purpose to: 35
120		-	(i) Save the life or preserve the health of the 36 ~~As Engrossed: H3/5/25~~ HB1610
	114	+	(i) Save the life or preserve the health of the 36 HB1610
121	115
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125	117		unborn child; 1
126	118		(ii) Remove a dead unborn child caused by 2
127	119		spontaneous abortion; or 3
128	120		(iii) Remove an ectopic pregnancy; 4
129	121		(2) “Fertilization” means the fusion of a human spermatozoon 5
130	122		with a human ovum; 6
131		-	(3)(A) “Medical emergency” means a condition in which , in 7
132		-	reasonable medical judgment, complicates the medical ~~condition of a pregnant~~ 8
133		-	woman to such an extent that termination of a ~~pregnancy an abortion is~~ 9
134		-	necessary to preserve the life of a pregnant woman ~~whose life is endangered~~ 10
135		-	by a physical disorder, physical illness, or ~~physical injury, including a~~ 11
136		-	life-endangering physical condition caused by or ~~arising from the pregnancy~~ 12
137		-	itself.; and 13
	123	+	(3)(A) “Medical emergency” means a condition in which , in the 7
	124	+	reasonable medical judgment of the physician, complicates the medical 8
	125	+	condition of a pregnant woman to such an extent that termination of a 9
	126	+	pregnancy an abortion is necessary to preserve the life of a pregnant woman 10
	127	+	whose life is endangered by a physical disorder, physical illness, or 11
	128	+	physical injury, including a life -endangering physical condition caused by or 12
	129	+	arising from the pregnancy itself .; and 13
138	130		(B) "Medical emergency" does not include: 14
139	131		(i) Conditions for which treatment is available that 15
140		-	can~~, in reasonable medical judgement,~~ be expected to preserve or sustain the 16
141		-	~~life of the pregnant~~ woman without ending the pregnancy; 17
	132	+	can reasonably be expected to preserve or sustain the life of the pregnant 16
	133	+	woman without ending the pregnancy; 17
142	134		(ii) A psychological or emotional condition; or 18
143	135		(iii) A medical diagnosis that is based on a claim 19
144	136		made by the pregnant woman or based on a presumption that the pregnant woman 20
145	137		will engage in conduct that could result in her death or that could cause 21
146	138		substantial and irreversible physical impairment of a major bodily function 22
147	139		of the pregnant woman; 23
148	140		(4) “Reasonable medical judgment” means a medical judgment that 24
149	141		would be made or medical action that would be undertaken by a reasonably 25
150	142		prudent, qualified physician, knowledgeable about the case and the treatment 26
151	143		possibilities with respect to the medical conditions involved; and 27
152	144		(4)(5) “Unborn child” means an individual organism of the 28
153	145		species Homo sapiens from fertilization until live birth. 29
154	146		30
155	147		SECTION 5. Arkansas Code § 5 -61-404(d), concerning the prohibition 31
156	148		within the Arkansas Unborn Child Protection Act, is amended to read as 32
157	149		follows: 33
158	150		(d) It is an affirmative defense to prosecution not a violation under 34
159	151		this section if a licensed physician provides medical treatment to a pregnant 35
160		-	woman which results in the accidental or unintentional physical injury or 36 ~~As Engrossed: H3/5/25~~ HB1610
	152	+	woman which results in the accidental or unintentional physical injury or 36 HB1610
161	153
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165	155		death to the unborn child. 1
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167		-	~~/s/Lundstrum~~ 3
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170		-	~~APPROVED: 3/20/25~~ 6
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