Browse Arkansas Code titles and sections
20-16-1110. Civil remedies.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1110. Civil remedies.
(a) An action seeking actual and punitive damages may be brought against a person who performed an abortion in knowing or reckless violation of this subchapter by:
(1) Any person upon whom the abortion was performed;
(2) The father of the unborn child who was the subject of the abortion; or
(3) A grandparent of the unborn child who was the subject of the abortion.
(b) Any female upon whom an abortion has been attempted in violation of this subchapter may bring an action for actual and punitive damages against a person who attempted to perform the abortion in knowing or reckless violation of this subchapter.
(c)(1) If the Department of Health fails to issue the public report required under § 20-16-1108, any group of ten (10) or more citizens of this state may seek an injunction in a court of competent jurisdiction against the Secretary of the Department of Health requiring that a complete report be issued within a period established by the court.
(2) Failure of the secretary to obey an injunction issued under subdivision (c)(1) of this section is punishable as civil contempt.
(d)(1) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall assess a reasonable attorney's fee in favor of the plaintiff against the defendant.
(2) If judgment is rendered in favor of the defendant and if the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall assess a reasonable attorney's fee in favor of the defendant against the plaintiff.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1110
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:20-16-1110
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 53ccb1932d79e2277e0092f6cef6ead51c8009302ae188c2cbcd5c76db33584c
Source location: content.xml paragraph 13476
Stored source content
20-16-1110. Civil remedies.
(a) An action seeking actual and punitive damages may be brought against a person who performed an abortion in knowing or reckless violation of this subchapter by:
(1) Any person upon whom the abortion was performed;
(2) The father of the unborn child who was the subject of the abortion; or
(3) A grandparent of the unborn child who was the subject of the abortion.
(b) Any female upon whom an abortion has been attempted in violation of this subchapter may bring an action for actual and punitive damages against a person who attempted to perform the abortion in knowing or reckless violation of this subchapter.
(c)(1) If the Department of Health fails to issue the public report required under § 20-16-1108, any group of ten (10) or more citizens of this state may seek an injunction in a court of competent jurisdiction against the Secretary of the Department of Health requiring that a complete report be issued within a period established by the court.
(2) Failure of the secretary to obey an injunction issued under subdivision (c)(1) of this section is punishable as civil contempt.
(d)(1) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall assess a reasonable attorney's fee in favor of the plaintiff against the defendant.
(2) If judgment is rendered in favor of the defendant and if the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall assess a reasonable attorney's fee in favor of the defendant against the plaintiff.
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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.