Browse Arkansas Code titles and sections
20-16-1103. Unborn child pain awareness information.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1103. Unborn child pain awareness information.
Except in the case of a medical emergency:
(1) At least twenty-four (24) hours before an abortion is performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female by telephone or in person:
(A) She has the right to review the printed materials described in § 20-16-1105;
(B) These materials are available on a state-sponsored website; and
(C) What the website address is;
(2) The physician or the physician's agent shall orally inform the pregnant female that:
(A) The materials have been provided by the State of Arkansas; and
(B) They contain information on pain in relation to the unborn child;
(3) If the pregnant female chooses to view the materials other than on the website, the materials shall either:
(A) Be given to her at least twenty-four (24) hours before the abortion; or
(B) Mailed to her at least seventy-two (72) hours before the abortion by certified mail, restricted delivery to addressee, so that the postal employee may deliver the mail only to the pregnant female;
(4) If provisions are made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her, the information required by this section may be provided by a tape recording;
(5) The pregnant female shall certify in writing before the abortion that:
(A) The information described in subdivision (1) of this section has been furnished to her; and
(B) She has been informed of her opportunity to review the printed materials described in § 20-16-1105; and
(6) Before the abortion is performed, the physician who is to perform the abort
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1103
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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Record provenance
Stable record: arkansas_code:legal_authorities:20-16-1103
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cb48982cc07823027d400b2ba9cfb7c6c9cef7dfb3e11b418c6f1ad48627ddcf
Source location: content.xml paragraph 13374
Stored source content
20-16-1103. Unborn child pain awareness information.
Except in the case of a medical emergency:
(1) At least twenty-four (24) hours before an abortion is performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female by telephone or in person:
(A) She has the right to review the printed materials described in § 20-16-1105;
(B) These materials are available on a state-sponsored website; and
(C) What the website address is;
(2) The physician or the physician's agent shall orally inform the pregnant female that:
(A) The materials have been provided by the State of Arkansas; and
(B) They contain information on pain in relation to the unborn child;
(3) If the pregnant female chooses to view the materials other than on the website, the materials shall either:
(A) Be given to her at least twenty-four (24) hours before the abortion; or
(B) Mailed to her at least seventy-two (72) hours before the abortion by certified mail, restricted delivery to addressee, so that the postal employee may deliver the mail only to the pregnant female;
(4) If provisions are made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her, the information required by this section may be provided by a tape recording;
(5) The pregnant female shall certify in writing before the abortion that:
(A) The information described in subdivision (1) of this section has been furnished to her; and
(B) She has been informed of her opportunity to review the printed materials described in § 20-16-1105; and
(6) Before the abortion is performed, the physician who is to perform the abortion or the physician's agent shall:
(A) Obtain a copy of the written certification required under subdivision (5) of this section; and
(B) Retain it on file with the female's medical record for at least three (3) years following the date of receipt.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1105. Printed information.
(a)(1)(A) The Department of Health shall publish in English and in each language that is the primary language of two percent (2%) or more of the state's population printed materials with the following statement concerning unborn children of twenty (20) weeks gestational age or more:
“By twenty (20) weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by twenty (20) weeks gestation unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are twenty (20) weeks gestational age or more who undergo prenatal surgery.”
(B) The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the human fetus at the various gestational ages.
(2) The department shall make the materials available on the department's website.
(3) The materials referred to in subdivision (a)(1) of this section shall be printed in a typeface large enough to be clearly legible.
(b)(1) The department's website shall be maintained at a minimum resolution of seventy-two dots per inch (72 dpi).
(2) All pictures appearing on the website shall be a minimum of two hundred by three hundred (200 X 300) pixels.
(3) All letters on the website shall be presented in a minimum of 11-point type.
(4) All information and pictures shall be accessible with an industry-standard browser that requires no additional plug-ins.
(c) Upon request, the department shall make available to any person, facility, or hospital at no cost and in appropriate numbers the materials required under this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1105
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 20-16-1105. This identifies an authority to review, not proof of applicability.