Arkansas Code Title 20. Public Health and Welfare § 20-16-807. Notice post emergency

(a)(1) Consent is not required under this subchapter if the attending physician certifies in the medical record of the pregnant woman that a medical emergency exists and there is insufficient time to obtain the required consent.

(2) However, within twenty-four (24) hours after the completion of the abortion, the physician shall notify one (1) of the parents or the legal guardian of the minor or incompetent woman in the manner provided in this subchapter that a medical emergency abortion was performed on the pregnant woman and of the circumstances that warranted invocation of this section.

(b)(1) Unless the minor or incompetent woman gives notice of her intent to seek a judicial waiver under § 20-16-809 , the physician shall verbally inform the parent or legal guardian of the minor or incompetent woman within twenty-four (24) hours after the performance of a medical emergency abortion that an abortion was performed on the minor or incompetent woman.

(2) The physician shall:

(A) Inform the parent or legal guardian of the basis for the certification of the physician required under subsection (a) of this section and provide details regarding any additional risks to the pregnant woman;  and

(B) Send a written notice of the performed abortion to the last known address of the parent or legal guardian by certified mail with restricted delivery and return receipt requested.

(c) If the minor or incompetent woman gives notice to the physician of her intent to seek a judicial waiver under this subchapter, the physician shall:

(1) File a notice with a judge of a court that the minor has given notice;  and

(2) Provide the information to the court that the physician would have been required to provide to the parent or legal guardian under subsection (b) of this section if the minor or incompetent woman had not given her intent to seek a judicial waiver.

(d)(1) The court shall expeditiously schedule a confidential conference with notice to the minor or incompetent woman and the physician.

(2) If the minor or incompetent woman is able to participate in the proceedings, the court shall advise the minor or incompetent woman that she has the right to a court-appointed counsel and, upon her request, shall provide the minor or incompetent with a court-appointed counsel.

(3) If the minor or incompetent woman is unable to participate in the proceedings, the court shall appoint counsel on behalf of the minor or incompetent woman.

(e)(1) After an appropriate hearing, the court, taking into account the medical condition of the minor or incompetent woman, shall set a deadline by which the minor or incompetent woman may file a petition or motion under this subchapter.

(2) The court may subsequently extend the deadline in light of the medical condition of the minor or incompetent woman or other equitable considerations.

(3) If the minor or incompetent woman does not file a petition or motion by the deadline, either in the court or in another court with a copy filed in the original court, the court shall direct that the court clerk provide the notice to the parent or legal guardian.


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