2019 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 16 - Reproductive Health
Subchapter 14 - Pain-Capable Unborn Child Protection Act
§ 20-16-1402. Definitions
- As used in this subchapter:
(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device:
(A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to:
(i) Increase the probability of a live birth;
(ii) Preserve the life or health of the child after live birth; or
(iii) Remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and
(B) Which causes the premature termination of the pregnancy;
(2) “Attempt to perform or induce an abortion” means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter;
(3) “Fertilization” means the fusion of a human spermatozoon with a human ovum;
(4)
(A) “Medical emergency” means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy:
(i) Without first determining post-fertilization age to avert the death of the pregnant woman; or
(ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.
(B) “Medical emergency” does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;
(5) “Physician” means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state;
(6) “Post-fertilization age” means the age of the unborn child as calculated from the fertilization of the human ovum;
(7) “Probable post-fertilization age of the unborn child” means what, in reasonable medical judgment, will, with reasonable probability, be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced;
(8) “Reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;
(9) “Unborn child” means an individual organism of the species Homo sapiens from fertilization until live birth; and
(10) “Woman” means a female human being whether or not she has reached the age of majority.
