§ 20-16-2105 — Civil penalties and professional sanctions

Arkansas § 20-16-2105

• Jurisdiction: Arkansas
• Title: 20

Text

(a) (1) A physician who knowingly violates this subchapter is liable for damages and shall have his or her medical license revoked as applicable. (2) The physician may also be enjoined from future acts prohibited by this subchapter. (b) (1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion for the purposes of aborting an unborn child diagnosed with Down Syndrome, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages. (2) Damages may include without limitation: (A) Money damages for any psychological and physical injuries occasioned by the violation of this subchapter; and (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter. (c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct and his or her license to provide healthcare services in this state shall be revoked by the Arkansas State Medical Board. (d) (1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by: (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or (B) The Attorney General. (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.

Legislative History

Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.