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Arkansas Code Title 20. Public Health and Welfare § 20-16-811. Penalty

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

(a) The performance of an abortion in violation of this subchapter or failure to report under § 20-16-814 shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required.

(b) This subchapter does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.

(c) Failure to comply with this subchapter shall provide a basis for:

(1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.;

(2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year;

(3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102; and

(4) Injunction from future acts prohibited by this section.

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Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-16-811. Penalty - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-811/

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