§ 20-16-1803 — Ban on dismemberment abortion

(a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman. (b) (1) A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman. (2) The findings of the board are admissible in any court proceedings under this subchapter. (3) Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section. (c) The following individuals are excluded from liability under this subchapter: (1) A woman who receives or attempts to receive a dismemberment abortion; (2) A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and (3) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician. (d) (1) This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest when documentation is presented that states that the crime has been reported to law enforcement. (2) The physician or abortion facility shall: (A) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (B) Report to the Department of Health the number of abortions performed because of rape or incest.

Legislative History

Amended by Act 2021, No. 787,§ 6, eff. 7/28/2021. Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.