1. What are the late-term abortion laws in Arkansas?
In Arkansas, late-term abortions are not allowed except in the case of a medical emergency to save the life of the mother. However, the state has enacted several restrictive regulations on abortion, including requiring parental consent for minors seeking abortions and a ban on most abortions after 20 weeks post-fertilization. In addition, Arkansas has instituted a 24-hour waiting period prior to an abortion or a 72-hour waiting period for those seeking abortions using medication.
2. Is there a gestational limit on abortions in Arkansas?
Yes. In Arkansas, abortions must be performed before 20 weeks post-fertilization, unless the woman’s life or health is at risk.
3. Is there a ban on late-term abortions in Arkansas?
Yes, Arkansas has a ban on late-term abortions, which is defined by the state as any abortions performed after the 20th week of pregnancy. The ban was passed in 2013 and has been upheld by the courts.
4. Who can authorize a late-term abortion procedure in Arkansas?
In Arkansas, late-term abortions can only be authorized by a physician who has been approved by the Arkansas State Board of Health. The physician must also make a second medical determination that the continuation of a pregnancy would create a substantial risk of serious physical impairment of a major bodily function to the pregnant woman.
5. How does Arkansas define a “late-term abortion”?
In Arkansas, a late-term abortion is defined as any abortion performed after the twentieth week of pregnancy.
6. Are there any exceptions to late-term abortion bans in Arkansas?
Yes, there are exceptions to late-term abortion bans in Arkansas. Exceptions may include when the life of the woman is in danger or when the pregnancy poses a danger to the woman’s physical health. In certain cases, such as those involving rape or incest, an exception may also be considered.
7. Are there any parental notification laws for minors seeking abortions in Arkansas?
Yes, Arkansas does have parental notification laws for minors seeking abortions. In Arkansas, a minor must receive written consent from a parent or legal guardian before receiving an abortion. If the minor cannot obtain this consent, they may seek a court order to waive the requirement.
8. What are the informed consent requirements for abortions in Arkansas?
In Arkansas, a woman seeking an abortion must receive information about the abortion procedure and its risks at least 48 hours prior to the procedure. The woman must also sign a consent form acknowledging that she has received this information and that she understands the abortion process and its risks. Additionally, women under 18 years of age must obtain parental consent for the procedure. Finally, a physician must certify in writing that the woman is of sound mind and is in a fit mental condition to give consent for the procedure.
9. Does Arkansas require waiting periods for abortions?
Yes, Arkansas requires a 48 hour waiting period for abortions.
10. Are there any laws requiring ultrasounds before abortions in Arkansas?
Yes, there are laws in Arkansas that require ultrasounds before abortions. Arkansas has an ultrasound law that requires abortion providers to show women seeking abortion an ultrasound image of the fetus and require the provider to discuss the image with the women. The law also requires that women listen to a fetal heartbeat if it is present and be given the option to hear it.
11. Does Arkansas have any bans on sex-selective abortions?
Yes, Arkansas does have a ban on sex-selective abortions. According to the Guttmacher Institute, which tracks state policies on reproductive health, Arkansas requires that a physician certify in writing that the abortion is not being performed for reasons of gender selection.
12. Are there restrictions on public funding of abortions in Arkansas?
Yes. Arkansas law generally prohibits the use of public funds to pay for an abortion unless it is medically necessary to prevent the death of the woman or if the pregnancy is a result of rape or incest. The state Medicaid program is only allowed to pay for an abortion in the case of a medical emergency, rape, or incest. Additionally, Arkansas has passed a law prohibiting the use of public funds for any abortions or services related to abortions. This law does not apply to federal funds.
13. Does Arkansas have any laws regulating the sale of abortifacients (drugs that induce abortion)?
No, Arkansas does not have any laws regulating the sale of abortifacients.
14. Does Arkansas require counselling before an abortion procedure?
Yes, Arkansas does require counseling before an abortion procedure. The counseling must include information regarding the nature of the procedure, the risks involved, and available alternatives to the procedure. The counseling must be provided by a licensed physician or advanced practice registered nurse at least 48 hours prior to the abortion.
15. Are there any regulations on the disposal of fetal remains after an abortion procedure in Arkansas?
Yes. According to the Arkansas Department of Health, a fetal remains must be disposed of in a “dignified manner” such as in-ground burial, cremation, or incineration. The remains must not be disposed of by “any other means, including flushing it down a toilet or drain”. The parent or guardian must sign a consent form before the procedure is performed and must also sign a form indicating how the remains will be disposed of after the procedure.
16. Does Arkansas recognize any conscientious objection rights for health care providers who object to performing abortions?
Yes, Arkansas recognizes the rights of health care providers to conscientiously object to performing abortions. The state’s Medical Practice Act provides that a physician or health care provider may refuse to perform an abortion if it is “contrary to his or her conscience or religious beliefs.”
17. Does Arkansas have any laws protecting healthcare providers from being discriminated against for participating in abortion procedures?
Yes, Arkansas does have laws protecting healthcare providers from being discriminated against for participating in abortion procedures. The Arkansas Pregnancy Discrimination Act, enacted in 2009, states that it is unlawful for employers to discriminate against employees based on their participation in any lawful health care service, including abortion. Furthermore, Arkansas’s Freedom of Conscience Act of 2009 prohibits the state from denying any person a license, certification, accreditation, or employment opportunity based solely on their refusal to perform, assist in the performance of, refer for, or participate in any abortion procedure.
18. Are there any laws concerning the transportation of minors across state lines to obtain abortions in Arkansas?
Yes. In Arkansas, it is illegal for anyone to transport a minor across state lines to obtain an abortion without the consent of the minor’s parent or legal guardian. This law was upheld by the Arkansas Supreme Court in 2018.
19. Are there restrictions on the use of telemedicine for abortion services in Arkansas?
Yes. According to the Arkansas Department of Health, telemedicine for abortion services is only permitted in certain circumstances. These include providing follow-up care after an abortion, prescribing medications, or providing counseling. Telemedicine for the actual procedure itself is prohibited.
20. Does Arkansas have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions?
Yes, Arkansas has laws criminalizing the performance of self-induced abortions and assisting others with self-induced abortions. According to the Arkansas Code § 5-2-603, any person who performs, attempts to perform, induces, or attempts to induce an abortion upon himself or herself, or assists another in performing, attempting to perform, inducing or attempting to induce an abortion upon himself or herself, shall be guilty of a Class C felony.