Arkansas Pain-Capable Unborn Child Protection Act (HB 1037)

State:

Number: HB 1037

Status: Current

Proposed: January 17, 2013

Enacted: February 26, 2013

Link: www.arkleg.state.ar.us...

Topics: , , ,

Last updated Apr 2, 2014.

20-Week Abortion Ban 

Bans abortion at 20 weeks post-fertilization unless abortion is necessary to avert the death of the woman or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions.

Ban does not apply if the pregnancy results from rape or incest.

Contains provisions requiring physicians who perform an abortion to fulfill reporting requirements.

The bill requires that post-20-week abortions be performed in a manner that provides the best opportunity for the “unborn child” to survive.

The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.

Physician Reporting Requirements

Abortion providers are required to report information to the state department of health, including:

  • if the determination of probable post-fertilization age was made, what was determined, and how it was determined;
  • if a determination of probable post-fertilization age was not made, why not—what was the basis for a determination that a medical emergency existed;
  • if the probable post-fertilization age was 20 weeks or more, the basis for a determination that a medical condition necessitated an immediate abortion to avert the woman’s death or serious injury;
  • the method used for the abortion;
  • if the probable post-fertilization age was 20 weeks or more and an abortion was performed, whether the method performed provided the best opportunity for the “unborn child” to survive, and if not, why not.

Reporting Requirements

By June 30 of each year, the state health department shall issue a public report providing statistics compiled from all the reports provided by physicians.