§ 20-16-1303 — Testing for heartbeat

(a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat. (b) (1) A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual according to standard medical practice, including the use of medical devices as determined by standard medical practice. (2) Tests performed under subdivision (b)(1) of this section shall be approved by the Arkansas State Medical Board. (c) The Arkansas State Medical Board shall adopt rules: (1) (A) Based on standard medical practice for testing for the fetal heartbeat of an unborn human individual. (B) Rules adopted under this subsection shall specify that a test for fetal heartbeat is not required in the case of a medical emergency; and (2) To define, based on available medical evidence, the statistical probability of bringing an unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat. (d) If a fetal heartbeat is detected during the test required under this section, the person performing the test shall inform the pregnant woman in writing: (1) That the unborn human individual that the pregnant woman is carrying possesses a heartbeat; (2) Of the statistical probability of bringing the unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat; and (3) An abortion is prohibited under § 20-16-1304 . (e) If a heartbeat has been detected, the pregnant woman shall sign a form acknowledging that she has received the information required under subsection (d) of this section.

Legislative History

Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.