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20-16-1803. Ban on dismemberment abortion.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1803. Ban on dismemberment abortion.
(a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman.
(b)(1) A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman.
(2) The findings of the board are admissible in any court proceedings under this subchapter.
(3) Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section.
(c) The following individuals are excluded from liability under this subchapter:
(1) A woman who receives or attempts to receive a dismemberment abortion;
(2) A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and
(3) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician.
(d) This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1803
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:20-16-1803
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 59b41500546d521dbea57f0e3c5532ffc33dde7a64c34dc44f42e1e6e11590c1
Source location: content.xml paragraph 14372
Stored source content
20-16-1803. Ban on dismemberment abortion.
(a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman.
(b)(1) A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman.
(2) The findings of the board are admissible in any court proceedings under this subchapter.
(3) Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section.
(c) The following individuals are excluded from liability under this subchapter:
(1) A woman who receives or attempts to receive a dismemberment abortion;
(2) A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and
(3) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician.
(d) This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest.
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