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2017 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 16 - Reproductive Health
Subchapter 19 - Sex Discrimination by Abortion Prohibition Act [Effective January 1, 2018.]
§ 20-16-1906. Civil penalties and professional sanctions. [Effective January 1, 2018.]
Universal Citation: AR Code § 20-16-1906 (2017)
- (a)
- (1) A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable.
- (2) The physician or other person may also be enjoined from future acts prohibited by this subchapter.
- (b)
- (1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion as a method of sex selection for children, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages.
- (2) Damages may include without limitation:
- (A) Money damages for all psychological and physical injuries occasioned by the violation of this subchapter; and
- (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.
- (c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct for which his or her license to provide healthcare services in this state shall be suspended or revoked by the Arkansas State Medical Board.
- (d) (1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by:
- (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or
- (B) The Attorney General.
- (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.
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