Ark. Code Ann. § 20-16-1305: Exemptions - Medical personnel

(a) A person does not violate this subchapter if the person: (1) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman; (2) (A) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and (B) The examination does not reveal a heartbeat; or (3) Has been informed by a medical professional who has undertaken the examination for fetal heartbeat that the examination did not reveal a fetal heartbeat. (b) This subchapter does not apply to: (1) An abortion performed to save the life of the mother; (2) (A) A pregnancy that results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest; or (3) A medical emergency. Amended by Act 2021, No. 787,§ 4, eff. 7/28/2021. Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.

(a) A person does not violate this subchapter if the person: (1) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman; (2) (A) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and (B) The examination does not reveal a heartbeat; or (3) Has been informed by a medical professional who has undertaken the examination for fetal heartbeat that the examination did not reveal a fetal heartbeat.

(1) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman;

(2) (A) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and (B) The examination does not reveal a heartbeat; or

(A) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and

(B) The examination does not reveal a heartbeat; or

(3) Has been informed by a medical professional who has undertaken the examination for fetal heartbeat that the examination did not reveal a fetal heartbeat.

(b) This subchapter does not apply to: (1) An abortion performed to save the life of the mother; (2) (A) A pregnancy that results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest; or (3) A medical emergency.

(1) An abortion performed to save the life of the mother;

e crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest; or (3) A medical emergency.

(1) An abortion performed to save the life of the mother;

(2) (A) A pregnancy that results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest; or

(A) A pregnancy that results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement.

(B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest; or

(i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and

(ii) Report to the Department of Health the number of abortions performed because of rape or incest; or

(3) A medical emergency.