2020 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 16 - Reproductive Health
Subchapter 23 - Perinatal Palliative Care Information Act
§ 20-16-2303. Definitions

As used in this subchapter:

1. (1)

   1. (A) “Abortion” means the act of using or prescribing any 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 any of those means will with reasonable likelihood cause the death of the unborn child.

   2. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:

      1. (i) Save the life or preserve the health of the unborn child;

      2. (ii) Remove a dead unborn child caused by spontaneous abortion; or

      3. (iii) Remove an ectopic pregnancy;

2. (2) “Lethal fetal anomaly” means a fetal condition diagnosed before birth that will result in the death of the unborn child with reasonable certainty within three (3) months of the birth;

3. (3) “Medical emergency” means, based on the good faith clinical judgment of the physician, a condition that has complicated the medical condition of the pregnant woman so as to necessitate the immediate termination of the pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function;

4. (4)

   1. (A) “Perinatal palliative care” means comprehensive support to the pregnant woman and her family that includes support from the time of diagnosis, through the time of birth and the death of the infant, and through the postpartum period.

   2. (B) “Perinatal palliative care” may include without limitation counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty nurses focused on alleviating fear and ensuring that the woman and her family experience the life and death of the child in a comfortable and supportive environment; and

5. (5) “Physician” means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy.