2015 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 16 - Reproductive Health
Subchapter 11 - Unborn Child Pain Awareness and Prevention Act
§ 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 this state, at the same time as official notification to that physician that the physician is so licensed; and

(3) By December 1 of each year after the calendar year in which this subchapter becomes effective, to all physicians licensed to practice in this state.

(c) By February 28 of each year following a calendar year in any part of which this subchapter was in effect, each physician who provided or whose agent provided information to one (1) or more females in accordance with § 20-16-1103 during the previous calendar year shall submit to the department a copy of the form described in subsection (a) of this section with the requested data entered accurately and completely.

(d) (1) For each of the items listed in subsection (a) of this section, the department shall issue by June 30 of each year a public report providing statistics compiled by the department on the basis of reports for the previous calendar year submitted in accordance with this section.

(2) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports.

(3) The department shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual providing or provided information in accordance with § 20-16-1103(1) or § 20-16-1103(2).

(e) So long as reporting forms are sent to all licensed physicians in the state at least one (1) time every year and the report described in this section is issued at least one (1) time every year, the department, in order to achieve administrative convenience or fiscal savings, or to reduce the burden of reporting requirements, may:

(1) Alter any of the dates established in this section; or

(2) Consolidate the forms or reports described in this section with other forms or reports issued by the department.

(f) (1) The department shall assess against a physician who fails to submit a report required under this section within thirty (30) days after the due date a fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period during which the report is overdue.

(2) (A) If a physician who is required to report under this section has not submitted a report or has submitted an incomplete report more than one (1) year following the due date of the report, the department may bring an action in a court of competent jurisdiction to seek an order requiring the physician to submit a complete report within a period established by the court.

(B) Failure of the physician to file the complete report within the court-ordered period is punishable as civil contempt.