Browse Arkansas Code titles and sections
12-18-108. Maintenance of forensic samples from abortions performed on a child.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-108. Maintenance of forensic samples from abortions performed on a child.
(a)(1) A physician who performs an abortion on a child who is less than seventeen (17) years of age at the time of the abortion shall preserve under this subchapter fetal tissue extracted during the abortion in accordance with rules adopted by the office of the State Crime Laboratory.
(2) Before submitting the tissue under subdivision (a)(1) of this section, the physician shall redact protected health information as required under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
(3) The physician or the reporting medical facility shall contact the law enforcement agency in the jurisdiction where the child resides.
(b) The State Crime Laboratory shall adopt rules prescribing:
(1) The amount and type of fetal tissue to be preserved under this section;
(2) Procedures for the proper preservation of the tissue for the purpose of DNA testing and examination;
(3) Procedures for documenting the chain of custody of the tissue for use as evidence;
(4) Procedures for proper disposal of fetal tissue preserved under this section;
(5) A uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name and address of the physician submitting the fetal tissue and the name and complete address of residence of the parent or legal guardian of the child upon whom the abortion was performed; and
(6) Procedures for communication with law enforcement agencies regarding evidence and information obtained under this section.
(c) Failure of a physician to comply with this section or any rule adopted under this section shall constitute unprofessional conduct under the Arkansas Medical
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-18-108
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a6f2e612e453ff46e3d175ec117ee3d2f677afbf6b9ef9db435ab0e574daa41b
Source location: content.xml paragraph 9096
Stored source content
12-18-108. Maintenance of forensic samples from abortions performed on a child.
(a)(1) A physician who performs an abortion on a child who is less than seventeen (17) years of age at the time of the abortion shall preserve under this subchapter fetal tissue extracted during the abortion in accordance with rules adopted by the office of the State Crime Laboratory.
(2) Before submitting the tissue under subdivision (a)(1) of this section, the physician shall redact protected health information as required under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
(3) The physician or the reporting medical facility shall contact the law enforcement agency in the jurisdiction where the child resides.
(b) The State Crime Laboratory shall adopt rules prescribing:
(1) The amount and type of fetal tissue to be preserved under this section;
(2) Procedures for the proper preservation of the tissue for the purpose of DNA testing and examination;
(3) Procedures for documenting the chain of custody of the tissue for use as evidence;
(4) Procedures for proper disposal of fetal tissue preserved under this section;
(5) A uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name and address of the physician submitting the fetal tissue and the name and complete address of residence of the parent or legal guardian of the child upon whom the abortion was performed; and
(6) Procedures for communication with law enforcement agencies regarding evidence and information obtained under this section.
(c) Failure of a physician to comply with this section or any rule adopted under this section shall constitute unprofessional conduct under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-201. Short title.
Sections 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall be known as the “Arkansas Medical Practices Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-95-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-301. Creation — Members.
(a) There is created the Arkansas State Medical Board.
(b)(1)(A) The board shall consist of fourteen (14) members appointed by the Governor for terms of six (6) years.
(B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board.
(2)(A)(i) Ten (10) members shall be duly qualified, licensed, and active medical practitioners and appointed by the Governor after consulting the Arkansas Medical Society, Inc., and subject to confirmation by the Senate.
(ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts.
(iii) Two (2) members shall be appointed at large.
(B) Congressional district representation required under this subdivision (b)(2) shall be achieved by appointment as vacancies occur.
(3) One (1) member shall be a licensed practicing physician in this state and shall be appointed by the Governor after consulting the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and subject to confirmation by the Senate.
(4) Two (2) members of the board shall not be actively engaged in or retired from the practice of medicine. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.
(5) One (1) member shall be a duly qualified, licensed, and practicing osteopathic physician and appointed after consulting the Arkansas Osteopathic Medical Association and subject
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-95-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-401. License required.
If any person who does not possess a valid license to practice medicine within this state and who is not exempted from the licensing requirements does any of the acts constituting the practice of medicine, he or she shall be deemed to be practicing medicine without complying with the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-95-401. This identifies an authority to review, not proof of applicability.