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
§ 20-16-811. Penalty
(a) The performance of an abortion in violation of this subchapter or failure to report under § 20-16-814 shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required.
(b) This subchapter does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.
(c) Failure to comply with this subchapter shall provide a basis for:
(1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.;
(2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year;
(3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102; and
(4) Injunction from future acts prohibited by this section.
