Arkansas Code
Subtitle 2 - Health and Safety
Chapter 16 - Reproductive Health

Subchapter 1 - General Provisions

§ 20-16-102. Authorization to distribute organ and tissue donation information for a fatal fetal diagnosis - (a) A physician may distribute information regarding organ and tissue...

Subchapter 2 - Arkansas Reproductive Health Monitoring System

§ 20-16-201. Establishment — Purpose - (a) The Arkansas Reproductive Health Monitoring System is established and...

§ 20-16-202. Definition - As used in this subchapter, “commission” means the advisory commission...

§ 20-16-203. Advisory commission — Members — Functions - (a) The Arkansas Reproductive Health Monitoring System shall be administered...

§ 20-16-205. Medical director — Appointment — Powers and duties - (a) The Arkansas Reproductive Health Monitoring System shall be administered...

§ 20-16-206. Authority to contract for information - (a) The Arkansas Reproductive Health Monitoring System is expressly authorized...

§ 20-16-207. Information confidential — Exception - The Arkansas Reproductive Health Monitoring System is expressly exempted and...

§ 20-16-208. Furnishing of information by hospitals - All hospitals with patient records containing information pertaining to reproduction...

§ 20-16-209. Furnishing of information by physician, clinic, etc - (a) Any physician, clinic, person, or organization may provide information...

§ 20-16-210. Intergovernmental agreements - The Arkansas Reproductive Health Monitoring System shall have the power...

§ 20-16-211. Funding and implementation - (a) The Arkansas Reproductive Health Monitoring System shall have the...

§ 20-16-212. Reports - The Arkansas Reproductive Health Monitoring System shall periodically prepare reports...

§ 20-16-213. Rendering of patient care and regulatory activity prohibited - The Arkansas Reproductive Health Monitoring System is expressly prohibited from...

§ 20-16-214. No actionable right, presumptions, or findings created - (a) Persons other than the state or Arkansas Reproductive Health...

Subchapter 3 - Arkansas Family Planning Act

§ 20-16-301. Title - This subchapter shall be known and may be cited as...

§ 20-16-302. Legislative declaration - It is the declaration of the General Assembly that: (1)...

§ 20-16-303. Definitions - As used in this subchapter: (1) “Contraceptive procedures” means any...

§ 20-16-304. Public policy — Availability of procedures, supplies, and information — Exceptions - It shall be the policy and authority of this state...

§ 20-16-305. Liability for surgical sterilization - Subject to the rules of law applicable generally to negligence,...

Subchapter 4 - Reproductive Health Information

§ 20-16-401. Department of Health - This subchapter shall not be applicable to the Department of...

§ 20-16-402. Information from state agencies - (a) (1) Any bona fide appropriately licensed medical facility, including,...

§ 20-16-403. Information from neighboring states - The University of Arkansas for Medical Sciences, Arkansas Children's Hospital,...

§ 20-16-404. Information sharing - All hospitals with pediatric, obstetric, or spontaneous abortion patient records...

§ 20-16-405. Authority of physician to provide information - Any physician, clinic, person, or organization may under this subchapter...

§ 20-16-406. No actionable right created - Persons other than the state, the University of Arkansas for...

§ 20-16-407. No legal presumption or finding of fact created - A determination by a study done under this subchapter that...

§ 20-16-408. Nonliability - No liability of any kind for damages or other relief...

Subchapter 5 - Sexually Transmitted Diseases

§ 20-16-501. Notification required - (a) Any person who determines by laboratory examination that a...

§ 20-16-502. Notification — Contents - (a) Notification shall contain the total number of tests performed...

§ 20-16-503. Notification — Physician's duty - Laboratory reporting under §§ 20-16-501 — 20-16-506 shall in no...

§ 20-16-504. Notification — Information confidential - All laboratory notifications required by §§ 20-16-501 — 20-16-506 are...

§ 20-16-505. Notification — Authority to regulate - The Infectious Disease Branch of the Department of Health may...

§ 20-16-506. Failure to notify — Penalty - Failure to give notice as provided in §§ 20-16-501 —...

§ 20-16-507. Testing of pregnant women required - (a) (1) (A) Every physician and healthcare provider attending pregnant...

§ 20-16-508. Treatment of minors - (a) (1) When a minor who believes himself or herself...

Subchapter 6 - Abortion Generally

§ 20-16-601. Refusal to perform, participate, consent, or submit - (a) No person shall be required to perform or participate...

§ 20-16-602. Right to view ultrasound image prior to abortion - (a) All physicians who use ultrasound equipment in the performance...

§ 20-16-603. Drug-induced abortions — Procedures — Penalties — Causes of action — Definitions - (a) As used in this section: (1) “Abortion” means the...

§ 20-16-604. Born-alive infant protection — Cause of action — Definitions - (a) As used in this section: (1) (A) “Abortion” means...

§ 20-16-605. Reporting requirements for abortion complications — Definitions - (a) As used in this section: (1) (A) “Abortion complication”...

§ 20-16-606. Qualifications to perform an abortion - (a) A person shall not perform or induce an abortion...

§ 20-16-607. In custody or guardianship of state - (a) A state agency shall not: (1) Consent to or...

Subchapter 7 - Abortion — Viable Fetus

§ 20-16-701. Legislative intent — Construction - (a) It is the intention of the General Assembly to...

§ 20-16-702. Definitions - As used in this subchapter: (1) “Abortion” means the intentional...

§ 20-16-704. Penalty - (a) A violation of this subchapter shall be a Class...

§ 20-16-705. Abortion of viable fetus prohibited — Exceptions - (a) No abortion of a viable fetus shall be performed...

§ 20-16-706. Method or technique required - (a) Any physician who performs an abortion upon a woman...

§ 20-16-707. Attendance of additional physician required - (a) An abortion of a viable fetus shall be performed...

Subchapter 8 - Abortion — Parental Involvement Enhancement Act

§ 20-16-801. Title - This subchapter shall be known and may be cited as...

§ 20-16-802. Legislative findings and purpose - (a) The General Assembly finds that: (1) Immature minors often...

§ 20-16-803. Definitions - As used in this subchapter: (1) (A) “Abortion” means the...

§ 20-16-804. Notarized consent - Except as otherwise provided in §§ 20-16-807 and 20-16-809, a...

§ 20-16-805. Manner of consent - (a) A physician shall not perform an abortion upon a...

§ 20-16-806. Proof of identification and relationship to pregnant woman - (a) The physician who performs the abortion shall obtain from...

§ 20-16-807. Notice post-emergency - (a) (1) Consent is not required under this subchapter if...

§ 20-16-808. Venue - The pregnant woman may petition a circuit court in the...

§ 20-16-809. Judicial relief from requirement - (a) The requirements and procedures of this subchapter are available...

§ 20-16-810. Disclosure and consent form - (a) Physicians shall use a form created by the Department...

§ 20-16-811. Penalty - (a) The performance of an abortion in violation of this...

§ 20-16-812. Legislative intent - This subchapter is not intended to create and shall not...

§ 20-16-813. When consent is not required - A minor shall not be required to obtain consent under...

§ 20-16-814. Additional information reported by abortion providers - (a) In addition to other information reported by an abortion...

§ 20-16-815. Construction - (a) This subchapter does not create or recognize a right...

§ 20-16-816. Right of intervention - The General Assembly, by joint resolution, may appoint one (1)...

§ 20-16-817. Effective date - This subchapter takes effect on January 1, 2016.

Subchapter 10 - Human Cloning

§ 20-16-1001. Definitions - As used in this subchapter: (1) “Asexual reproduction” means reproduction...

§ 20-16-1002. Prohibited acts — Penalties - (a) It is unlawful for any person or entity, public...

§ 20-16-1003. Scientific research - (a) This subchapter does not restrict areas of scientific research...

§ 20-16-1004. No right of action - This subchapter does not create a private right of action.

Subchapter 11 - Unborn Child Pain Awareness and Prevention Act

§ 20-16-1101. Title - This subchapter shall be known and may be cited as...

§ 20-16-1102. Definitions - As used in this subchapter: (1) (A) “Abortion” means the...

§ 20-16-1103. Unborn child pain awareness information - Except in the case of a medical emergency: (1) At...

§ 20-16-1104. Unborn child pain prevention - (a) Except in the case of a medical emergency, before...

§ 20-16-1105. Printed information - (a) (1) (A) The Department of Health shall publish in...

§ 20-16-1106. Requirements for department website - (a) The Department of Health shall include on its website...

§ 20-16-1107. Procedure in case of medical emergency - If a medical emergency compels a physician to perform an...

§ 20-16-1108. Reporting - (a) The Department of Health shall prepare a reporting form...

§ 20-16-1109. Penalties - (a) A person who knowingly or recklessly performs or attempts...

§ 20-16-1110. Civil remedies - (a) An action seeking actual and punitive damages may be...

§ 20-16-1111. Protection of privacy in court proceedings - (a) In every civil or criminal action brought under this...

Subchapter 12 - Partial-Birth Abortion Ban Act

§ 20-16-1201. Title - This subchapter shall be known and may be cited as...

§ 20-16-1202. Definitions - As used in this subchapter: (1) “Partial-birth abortion” means an...

§ 20-16-1203. Partial-birth abortions prohibited — Penalty — Exception - (a) (1) Any person who knowingly performs a partial-birth abortion...

§ 20-16-1204. License suspension or revocation and fines - (a) (1) After proper notice and an opportunity to be...

§ 20-16-1205. Civil liability - (a) The father, if married to the mother at the...

§ 20-16-1206. Hearings before the Arkansas State Medical Board - (a) A physician accused of a violation of this subchapter...

§ 20-16-1207. Provision for anonymity of female - (a) In every proceeding or action under this subchapter, the...

Subchapter 13 - Arkansas Human Heartbeat Protection Act

§ 20-16-1301. Title - This subchapter shall be known and may be cited as...

§ 20-16-1302. Definitions - As used in this subchapter: (1) “Contraceptive” means a device,...

§ 20-16-1303. Testing for heartbeat - (a) A person authorized to perform abortions under Arkansas law...

§ 20-16-1304. Prohibitions - (a) A person authorized to perform abortions under Arkansas law...

§ 20-16-1305. Exemptions — Medical personnel - (a) A person does not violate this subchapter if the...

§ 20-16-1306. Exemptions - This subchapter does not: (1) Subject a pregnant female on...

§ 20-16-1307. Tolling of effective date - If a state or federal court of competent jurisdiction voids...

Subchapter 14 - Pain-Capable Unborn Child Protection Act

§ 20-16-1401. Title - This subchapter shall be known and may be cited as...

§ 20-16-1402. Definitions - As used in this subchapter: (1) “Abortion” means the use...

§ 20-16-1403. Legislative findings - The General Assembly finds that: (1) Pain receptors known as...

§ 20-16-1404. Determination of post-fertilization age - (a) (1) Except in the case of a medical emergency,...

§ 20-16-1405. Abortion of unborn child of 20 or more weeks post-fertilization age prohibited - (a) (1) A person shall not perform or induce or...

§ 20-16-1406. Reporting - (a) (1) A physician who performs or induces or attempts...

§ 20-16-1407. Criminal penalties - (a) A person who purposely, knowingly, or recklessly performs or...

§ 20-16-1408. Civil remedies - (a) (1) A woman upon whom an abortion has been...

§ 20-16-1409. Protection of privacy in court proceedings - (a) In every civil or criminal proceeding or action brought...

§ 20-16-1410. Construction - (a) Since it is the intent of the state to...

Subchapter 15 - Abortion-Inducing Drugs Safety Act

§ 20-16-1501. Title - This subchapter may be known and cited as the “Abortion-Inducing...

§ 20-16-1502. Legislative findings and purpose - (a) The General Assembly finds that: (1) The United States...

§ 20-16-1503. Definitions - As used in this subchapter: (1) (A) “Abortion” means the...

§ 20-16-1504. Unlawful distribution of abortion-inducing drug - (a) (1) It shall be unlawful to knowingly give, sell,...

§ 20-16-1505. Reporting - (a) If a physician provides an abortion-inducing drug to another...

§ 20-16-1506. Criminal penalties - (a) A person who intentionally, knowingly, or recklessly violates a...

§ 20-16-1507. Civil remedies and professional sanctions - (a) In addition to whatever remedies are available under the...

§ 20-16-1508. Construction - (a) This subchapter does not create or recognize a right...

§ 20-16-1509. Right of intervention - The General Assembly, by joint resolution, may appoint one (1)...

§ 20-16-1510. Effective date - This subchapter takes effect on January 1, 2016.

Subchapter 16 - Advancing Women's Health Act of 2015

§ 20-16-1601. Definitions - As used in this subchapter: (1) (A) “Abortion” means the...

§ 20-16-1602. Awarding of public funds to entities that perform abortions prohibited - (a) An agency or instrumentality of the state shall not...

§ 20-16-1603. Construction - (a) (1) This subchapter does not affect the funding of...

Subchapter 17 - Woman's Right-to-Know Act

§ 20-16-1701. Title - This subchapter shall be known and may be cited as...

§ 20-16-1702. Definitions - As used in this subchapter: (1) (A) “Abortion” means the...

§ 20-16-1703. Informed consent requirement - (a) A person shall not perform or induce an abortion...

§ 20-16-1704. Publication of materials - (a) (1) The Department of Health shall: (A) Publish easily...

§ 20-16-1705. Prevention of forced abortion — Signage in abortion facilities - (a) (1) A licensed facility where abortions are performed shall...

§ 20-16-1706. Medical emergencies - When a medical emergency compels the performance of an abortion,...

§ 20-16-1707. Rules — Collection and reporting of information - (a) The Department of Health shall develop and promulgate rules...

§ 20-16-1708. Rules - (a) (1) The Department of Health shall adopt rules to...

§ 20-16-1709. Criminal penalty - A person who intentionally, knowingly, or recklessly violates this subchapter...

§ 20-16-1710. Civil penalties - (a) In addition to any remedies available under the common...

§ 20-16-1711. Construction - (a) This subchapter does not create or recognize a right...

Subchapter 18 - Arkansas Unborn Child Protection from Dismemberment Abortion Act

§ 20-16-1801. Title - This subchapter shall be known and may be cited as...

§ 20-16-1802. Definitions - As used in this subchapter: (1) “Abortion” means the use...

§ 20-16-1803. Ban on dismemberment abortion - (a) A person shall not purposely perform or attempt to...

§ 20-16-1804. Civil remedies — Attorney's fees - (a) (1) A cause of action for injunctive relief against...

§ 20-16-1805. Criminal penalty - A person who violates § 20-16-1803(a) commits a Class D...

§ 20-16-1806. Protection of privacy in court proceedings - (a) In a civil proceeding or action brought under this...

§ 20-16-1807. Construction - This subchapter does not: (1) Create or recognize a right...

Subchapter 19 - Sex Discrimination by Abortion Prohibition Act

§ 20-16-1901. Title - This subchapter shall be known and may be cited as...

§ 20-16-1902. Legislative findings and purpose - (a) The General Assembly finds that: (1) With regard to...

§ 20-16-1903. Definitions - As used in this subchapter: (1) (A) “Abortion” means the...

§ 20-16-1904. Prohibition — Sex-selection abortion - (a) A physician or other person shall not intentionally perform...

§ 20-16-1905. Criminal penalties - A physician or other person who knowingly performs or attempts...

§ 20-16-1906. Civil penalties and professional sanctions - (a) (1) A physician or other person who knowingly violates...

§ 20-16-1907. Exclusion of liability for a woman who undergoes prohibited abortion - (a) A woman who receives or attempts to receive an...

§ 20-16-1908. Construction - (a) This subchapter shall not be construed as creating or...

§ 20-16-1909. Right of intervention - The General Assembly by joint resolution may appoint one (1)...

§ 20-16-1910. Effective date - This subchapter takes effect on January 1, 2018.

Subchapter 20 - Cherish Act

§ 20-16-2001. Title - This subchapter shall be known and may be cited as...

§ 20-16-2002. Legislative findings and intent - (a) The General Assembly finds that: (1) (A) The United...

§ 20-16-2003. Definitions - As used in this subchapter: (1) “Abortion” means the use...

§ 20-16-2004. Abortion limited to 18 weeks' gestation - (a) Except in a medical emergency or if the pregnancy...

§ 20-16-2005. Reporting forms - (a) Within thirty (30) days of July 24, 2019, the...

§ 20-16-2006. Penalties — Additional enforcement - (a) (1) A person who purposely or knowingly violates this...

§ 20-16-2007. Construction - This subchapter does not: (1) Create or recognize a right...

§ 20-16-2008. Right of intervention - (a) The General Assembly by joint resolution may appoint one...

Subchapter 21 - Down Syndrome Discrimination by Abortion Prohibition Act

§ 20-16-2101. Title - This subchapter shall be known and may be cited as...

§ 20-16-2102. Definitions - As used in this subchapter: (1) (A) “Abortion” means the...

§ 20-16-2103. Prohibition — Down Syndrome - (a) A physician shall not intentionally perform or attempt to...

§ 20-16-2104. Criminal penalties - A physician or other person who knowingly performs or attempts...

§ 20-16-2105. Civil penalties and professional sanctions - (a) (1) A physician who knowingly violates this subchapter is...

§ 20-16-2106. Exclusion of liability for a woman who undergoes prohibited abortion - (a) A woman who receives or attempts to receive an...

§ 20-16-2107. Right of intervention - The General Assembly by joint resolution may appoint one (1)...

Subchapter 22 - Prohibition of Public Funding of Human Cloning and Destructive Embryo Research Act [Effective January 1, 2020.]

§ 20-16-2201. Title. [Effective January 1, 2020.] - This subchapter shall be known and may be cited as...

§ 20-16-2202. Legislative findings and purpose — Public policy. [Effective January 1, 2020.] - (a) The General Assembly finds that: (1) The prospect of...

§ 20-16-2203. Definitions. [Effective January 1, 2020.] - As used in this subchapter: (1) (A) “Destructive embryo research”...

§ 20-16-2204. Prohibitions. [Effective January 1, 2020.] - (a) Public funds shall not be used to: (1) Finance...

§ 20-16-2205. Exceptions. [Effective January 1, 2020.] - This subchapter does not restrict the funding of areas of...

§ 20-16-2206. Penalties and sanctions. [Effective January 1, 2020.] - (a) A person or entity that knowingly fails to comply...

§ 20-16-2207. Standing. [Effective January 1, 2020.] - A taxpayer of this state or any political subdivision of...

§ 20-16-2208. Right of intervention. [Effective January 1, 2020.] - The General Assembly by joint resolution may appoint one (1)...

Subchapter 23 - Perinatal Palliative Care Information Act

§ 20-16-2301. Title - This subchapter shall be known and may be cited as...

§ 20-16-2302. Legislative findings and purpose - (a) The General Assembly finds that: (1) As diagnosis of...

§ 20-16-2303. Definitions - As used in this subchapter: (1) (A) “Abortion” means the...

§ 20-16-2304. Informed consent for abortion to include perinatal palliative care information - (a) Except in the case of a medical emergency, consent...

§ 20-16-2305. Professional sanctions - (a) A violation of this subchapter shall constitute unprofessional conduct...

§ 20-16-2306. Right of intervention - The General Assembly by joint resolution may appoint one (1)...

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Arkansas Code Subtitle 2 - Health and Safety Chapter 16 - Reproductive Health

Arkansas Code
Subtitle 2 - Health and Safety
Chapter 16 - Reproductive Health