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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
§ 20-16-1404. Determination of Post-Fertilization Age

Universal Citation:
AR Code § 20-16-1404 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • (a)

    • (1) Except in the case of a medical emergency, an abortion shall not be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made by another physician.

    • (2) In making such a determination under subdivision (a)(1) of this section, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to accurately diagnose the probable post-fertilization age of the unborn child.

  • (b) Any physician who purposely, knowingly, or recklessly fails to conform to any requirement of this section engages in unprofessional conduct under § 17-95-409(a)(2)(D).

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