Arkansas has highly restrictive abortion laws. After the 2022 U.S. Supreme Court ruling that overturned Roe v. Wade, the state’s near-total ban on abortion took effect.1Justia Law. Arkansas Code § 5-61-304 (2024) – Prohibition (Human Life Protection Act) This ban permits abortions only when necessary to save the life of the pregnant woman in a medical emergency. Understanding these regulations is important for anyone seeking information on reproductive healthcare in Arkansas.
Consent Requirements
Specific consent requirements are in place for any legally performed abortion in Arkansas. The law mandates a detailed informed consent process.
At least 72 hours before an abortion, a physician or an allied health professional must provide the pregnant individual with state-mandated information.2Justia Law. Arkansas Code § 20-16-1701 (2020) – Title (Woman’s Right-To-Know Act) This includes:
- The probable gestational age of the fetus.
- A description of the proposed abortion method.
- The medical risks of the abortion method and of carrying the pregnancy to term.
- The name of the physician who will perform the procedure.
- Information on medical assistance benefits for prenatal care, childbirth, and neonatal care.
- Details about the father’s legal obligation for child support.
- Materials on alternatives to abortion, such as adoption, with a list of service agencies.
- Information about fetal development, potentially including color photographs.
This 72-hour waiting period begins after the patient receives this information in person.
For unemancipated minors, Arkansas law (Ark. Code Ann. § 20-16-804) requires written consent from both the minor and one parent or legal guardian.3Justia Law. Arkansas Code § 20-16-804 (2020) – Notarized Consent (Parental Involvement Enhancement Act) These consent provisions apply to any abortion performed under the state’s narrow exception to the current ban.
Facility Regulations
The Arkansas Department of Health licenses and sets standards for facilities where any legal abortions are performed. These facilities must obtain a license and follow regulations for operations, physical environment, and staff qualifications, even under the current ban’s limited exception. The Arkansas State Board of Health’s Rules and Regulations for Abortion Facilities outline these requirements.4Cornell Law School Legal Information Institute. 007.05.99 Ark. Code R. § 004 – Rules and Regulations for Abortion Facilities Facilities must meet standards for patient services, emergency protocols, environmental safety, physical plant (including equipment and sanitation), and personnel qualifications for all medical and support staff.
Specific rules also apply to facilities that would provide medication abortion, requiring them to meet high safety standards.5Justia Law. Arkansas Code Title 20, Chapter 16, Subchapter 15 (2024) – Abortion-Inducing Drugs Safety Act Comprehensive and confidential medical record-keeping is mandatory. These regulations ensure standardized conditions for any legally permissible abortion services.
Penalties for Violations
Arkansas law imposes significant penalties for violating its abortion regulations. Performing or attempting an abortion outside the life-saving medical emergency exception is an unclassified felony under the Arkansas Unborn Child Protection Act (Ark. Code Ann. § 5-61-404).6Justia Law. Arkansas Code § 5-61-404 (2024) – Prohibition (Unborn Child Protection from Dismemberment Abortion Act) This offense carries a fine up to $100,000, imprisonment up to ten years, or both. A woman cannot be criminally charged for an abortion she undergoes.
Other violations also have penalties. Failing to obtain required parental consent for a minor’s abortion is a Class A misdemeanor, punishable by up to one year in prison and a $2,500 fine; the patient is exempt from prosecution.
Violations of the informed consent process can result in a $5,000 fine per instance, for which the facility can be jointly liable. These are civil penalties, in addition to potential criminal charges. Physicians who violate abortion statutes also face professional sanctions from the Arkansas State Medical Board, including license revocation.7Justia Law. Arkansas Code § 17-95-409 (2020) – Grounds for Denial, Suspension, or Revocation of Medical License
Judicial Bypass
Arkansas law includes a judicial bypass process (Ark. Code Ann. § 20-16-801) for minors seeking an abortion without parental consent.8Justia Law. Arkansas Code § 20-16-801 (2024) – Title (Parental Involvement Enhancement Act) This allows a minor to petition a court for authorization if she believes she is mature enough to decide or if parental involvement is not in her best interest.
Proceedings are anonymous, expedited, and confidential. An indigent minor is entitled to a court-appointed attorney and waiver of court costs. A hearing must occur quickly, with a ruling issued soon after.
The court determines if the minor is mature and well-informed enough to decide independently, or if proceeding without parental involvement is in her best interest. The court considers factors like the minor’s maturity, understanding of the procedure, and her circumstances. If the court finds sufficient evidence for either reason, it must authorize the minor to consent.
A denial can be appealed to the Arkansas Supreme Court. This judicial bypass process remains available and would apply if a minor sought an abortion under the state’s narrow legal exception.
Exceptions
Arkansas law permits abortion only to save the life of a pregnant woman in a medical emergency. A medical emergency is defined as “a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.” This exception is limited to situations where the woman’s life is at direct physical risk.
Ark. Code Ann. § 5-61-403 clarifies that a medical emergency does not include conditions based on claims that the woman will self-harm, or reasons related to her mental or emotional health.9Justia Law. Arkansas Code § 5-61-403 (2024) – Definitions (Unborn Child Protection from Dismemberment Abortion Act) The exception is restricted to imminent physical threats to the mother’s life, excluding psychological or emotional distress. Conditions that severely impact health but are not deemed immediately life-threatening physically do not qualify.
The current ban does not provide exceptions for pregnancies resulting from rape or incest. The Arkansas Human Life Protection Act does not permit abortions in these cases.10Justia Law. Arkansas Code Title 5, Chapter 61, Subchapter 3 (2024) – Arkansas Human Life Protection Act The only legal justification for an abortion is the documented medical necessity to prevent the pregnant woman’s death from a direct physical cause, based on a physician’s reasonable medical judgment.