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20-16-1109. Penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1109. Penalties.
(a) A person who knowingly or recklessly performs or attempts to perform a termination of a pregnancy in violation of this subchapter or who fails to report under § 20-16-1108 shall be subject to disciplinary action by the Arkansas State Medical Board and is guilty upon conviction of a Class A misdemeanor.
(b) A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed.
(c) A penalty or civil liability shall not be assessed for failure to comply with any provision of this subchapter unless the Department of Health has made the printed materials available at the time that the physician or the physician's agent is required to inform the woman of her right to review them.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1109
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:20-16-1109
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4676ad39541678bf8a5261f5cc4bb0ce922cebc364267054f13d4966b16a1803
Source location: content.xml paragraph 13463
Stored source content
20-16-1109. Penalties.
(a) A person who knowingly or recklessly performs or attempts to perform a termination of a pregnancy in violation of this subchapter or who fails to report under § 20-16-1108 shall be subject to disciplinary action by the Arkansas State Medical Board and is guilty upon conviction of a Class A misdemeanor.
(b) A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed.
(c) A penalty or civil liability shall not be assessed for failure to comply with any provision of this subchapter unless the Department of Health has made the printed materials available at the time that the physician or the physician's agent is required to inform the woman of her right to review them.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1108. Reporting.
(a) The Department of Health shall prepare a reporting form for physicians containing a reprint of this subchapter and listing:
(1)(A) The number of females to whom the physician or an agent of the physician provided the information described in § 20-16-1103(1).
(B) Of that number, the number provided by telephone and the number provided in person.
(C) Of each of the numbers described in this subdivision (a)(1) and subdivision (a)(2) of this section, the number provided in the capacity of:
(i) A physician who is to perform the abortion; or
(ii) An agent of the physician;
(2) The number of females who did not avail themselves of the opportunity to obtain a copy other than on the website of the printed information described in § 20-16-1105;
(3) The number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;
(4) The number of abortions performed by the physician for which information otherwise required to be provided at least twenty-four (24) hours before the abortion was not so provided because an immediate abortion was necessary to prevent the female's death; and
(5) The number of abortions for which information otherwise required to be provided at least twenty-four (24) hours before the abortion information was not so provided because a delay would create serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female.
(b) The department shall ensure that copies of the reporting forms described in subsection (a) of this section are provided:
(1) Within one hundred twenty (120) days after August 12, 2005, to all physicians licensed to practice in this state;
(2) To each physician who subsequently becomes newly licensed to practice in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1108
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 20-16-1108. This identifies an authority to review, not proof of applicability.