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2020 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 17 - Death and Disposition of the Dead
Subchapter 8 - Disposition of Human Tissue
§ 20-17-802. Fetal remains resulting from abortion

Universal Citation: AR Code § 20-17-802 (2020)
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  1. (a) A physician or facility that performs an abortion shall ensure that the fetal remains and all parts are disposed of in accordance with § 20-17-801 and the Arkansas Final Disposition Rights Act of 2009, § 20-17-102.

  2. (b) A person shall not perform any biomedical or behavioral research on:

    1. (1) A fetus born alive as the result of a legal abortion unless the research is for the exclusive benefit of the fetus so born; or

    2. (2) A fetus born dead as the result of a legal abortion or on any fetal tissue produced by the abortion.

  3. (c) A person shall not buy, sell, give, exchange, or barter or offer to buy, sell, give, exchange, or barter any fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.

  4. (d) A person shall not possess either a fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.

  5. (e) Subsection (d) of this section does not apply to:

    1. (1) A physician performing a legal abortion or a pathologist performing a pathological examination as the result of a legal abortion;

    2. (2) An employee, agent, or servant of a physician performing a legal abortion or pathologist performing a pathological examination as the result of a legal abortion;

    3. (3) The staff, faculty, students, or governing body of any institution of higher education or institution of secondary education to the extent of courses of instruction taught and research conducted at the institutions;

    4. (4) Licensed physicians or their employees, agents, and servants while in the conduct of medical research;

    5. (5) Any licensed physician when performing a standard autopsy examination; or

    6. (6) Any person acting in accordance with § 20-17-801 or the Arkansas Final Disposition Rights Act of 2009, § 20-17-102.

  6. (f) A person violating this section is guilty of a Class A misdemeanor.

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