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2019 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 16 - Reproductive Health
Subchapter 13 - Arkansas Human Heartbeat Protection Act
§ 20-16-1303. Testing for Heartbeat

Universal Citation: AR Code § 20-16-1303 (2019)
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  • (a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat.

  • (b)

    • (1) A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual according to standard medical practice, including the use of medical devices as determined by standard medical practice.

    • (2) Tests performed under subdivision (b)(1) of this section shall be approved by the Arkansas State Medical Board.

  • (c) The Arkansas State Medical Board shall adopt rules:

    • (1)

      • (A) Based on standard medical practice for testing for the fetal heartbeat of an unborn human individual.

      • (B) Rules adopted under this subsection shall specify that a test for fetal heartbeat is not required in the case of a medical emergency; and

    • (2) To define, based on available medical evidence, the statistical probability of bringing an unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat.

  • (d) If a fetal heartbeat is detected during the test required under this section, the person performing the test shall inform the pregnant woman in writing:

    • (1) That the unborn human individual that the pregnant woman is carrying possesses a heartbeat;

    • (2) Of the statistical probability of bringing the unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat; and

    • (3) An abortion is prohibited under § 20-16-1304.

  • (e) If a heartbeat has been detected, the pregnant woman shall sign a form acknowledging that she has received the information required under subsection (d) of this section.

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