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Arkansas Code Title 20. Public Health and Welfare § 20-16-1305. Exemptions

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) A person does not violate this subchapter if the person:

(1) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman;

(2)(A) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and

(B) The examination does not reveal a heartbeat; or

(3) Has been informed by a medical professional who has undertaken the examination for fetal heartbeat that the examination did not reveal a fetal heartbeat.

(b) This subchapter does not apply to:

(1) An abortion performed to save the life of the mother;

(2)(A) A pregnancy that results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement.

(B) The physician or abortion facility shall:

(i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and

(ii) Report to the Department of Health the number of abortions performed because of rape or incest; or

(3) A medical emergency.

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Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-16-1305. Exemptions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-1305/

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