2019 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 16 - Reproductive Health
Subchapter 8 - Abortion - Parental Involvement Enhancement Act
§ 20-16-803. Definitions
- As used in this subchapter:
(1)
(A) “Abortion” means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.
(B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion; or
(iii) Remove an ectopic pregnancy;
(2) “Coercion” means restraining or dominating the choice of a pregnant woman by force, threat of force, or deprivation of food and shelter;
(3) “Consent” means:
(A) In the case of a pregnant woman who is less than eighteen (18) years of age, a notarized written statement signed by the pregnant woman and her mother, father, or legal guardian declaring that the pregnant woman intends to seek an abortion and that her mother, father, or legal guardian consents to the abortion; or
(B) In the case of a pregnant woman who is an incompetent person, a notarized written statement signed by the pregnant woman's guardian declaring that the guardian consents to the performance of an abortion upon the pregnant woman;
(4) “Emancipated minor” means a person less than eighteen (18) years of age who is or has been married or who has been legally emancipated;
(5) “Incompetent” means a person who has been adjudged a disabled person and has had a guardian appointed for her;
(6) “Medical emergency” means a condition that, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman so as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;
(7) “Minor” means an individual under eighteen (18) years of age;
(8) “Parent” means:
(A) Either parent of the pregnant woman if both parents are living;
(B) One (1) parent of the pregnant woman if only one (1) is living or if the second parent cannot be located through reasonably diligent effort; or
(C) The court-appointed guardian or custodian if the pregnant woman has one;
(9) “Physician” means a person licensed to practice medicine in this state, including a medical doctor or a doctor of osteopathy; and
(10) “Pregnant woman” means a pregnant minor or pregnant incompetent woman.
