Browse Arkansas Code titles and sections
20-16-811. Penalty.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-811. Penalty.
(a) The performance of an abortion in violation of this subchapter or failure to report under § 20-16-814 shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required.
(b) This subchapter does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.
(c) Failure to comply with this subchapter shall provide a basis for:
(1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.;
(2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year;
(3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102; and
(4) Injunction from future acts prohibited by this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-811
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:20-16-811
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 98110f368e3a8dccde733f3367a6590404d209049fdca65c570e1b22155fb4a3
Source location: content.xml paragraph 13198
Stored source content
20-16-811. Penalty.
(a) The performance of an abortion in violation of this subchapter or failure to report under § 20-16-814 shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required.
(b) This subchapter does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.
(c) Failure to comply with this subchapter shall provide a basis for:
(1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.;
(2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year;
(3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102; and
(4) Injunction from future acts prohibited by this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-114-201. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Action for medical injury” means all actions against a medical care provider, whether based in tort, contract, or otherwise, to recover damages on account of medical injury as defined in this section;
(2) “Medical care provider” means a physician, certified registered nurse anesthetist, physician's assistant, nurse, optometrist, chiropractor, physical therapist, dentist, podiatrist, pharmacist, veterinarian, hospital, nursing home, community mental health center, psychologist, clinic, or not-for-profit home healthcare agency licensed by the state or otherwise lawfully providing professional medical care or services, or an officer, employee, or agent thereof acting in the course and scope of employment in the providing of such medical care or medical services; and
(3) “Medical injury” or “injury” means any adverse consequences arising out of or sustained in the course of the professional services being rendered by a medical care provider to a patient or resident, whether resulting from negligence, error, or omission in the performance of such services; or from rendition of such services without informed consent or in breach of warranty or in violation of contract; or from failure to diagnose; or from premature abandonment of a patient or of a course of treatment; or from failure to properly maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-114-201
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 16-114-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-62-102. Wrongful death actions — Survival.
(a)(1) Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not ensued, then and in every such case, the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person or the unborn child as defined in § 5-1-102 injured, and although the death may have been caused under such circumstances as amount in law to a felony.
(2) The cause of action created in this subsection shall survive the death of the person wrongfully causing the death of another and may be brought, maintained, or revived against the personal representatives of the person wrongfully causing the death of another.
(3) A person is not liable under this subsection when the death of the unborn child results from:
(A) A legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further;
(B) The fault of the pregnant woman carrying the unborn child;
(C) Assisted reproduction technology activity, procedure, or treatment;
(D) Actions occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization; or
(E) A woman or her healthcare provider using contraception approved by the United States Food and Drug Administration.
(b) Every action shall be brought by and in the name of the personal representative of the deceased person. If there is no personal representative, then the action shall be brought by the heirs at
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-62-102
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 16-62-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-814. Additional information reported by abortion providers.
(a) In addition to other information reported by an abortion provider to the Department of Health, the following information shall be reported for each induced termination of pregnancy:
(1) Whether parental consent was required;
(2) Whether parental consent was obtained; and
(3) Whether a judicial waiver was obtained.
(b) The department shall revise its forms utilized by abortion providers to report an induced termination of pregnancy by including the reporting of information required by this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-814
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 20-16-814. This identifies an authority to review, not proof of applicability.