Signed by Governor Asa Hutchinson

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that establishes a 72-hour waiting period prior to abortion procedures.

Highlights:

• Requires abortion facilities to adopt rules regarding without limitation the facilities, equipment, procedures, techniques, medical records, informed consent signatures, parental consent signatures, and conditions of a clinic, health center, or other facilities to ensure at a minimum that (Sec. 1):

• The facilities, equipment, procedures, techniques and conditions of the health clinic or facility are aseptic and do not constitute a health hazard;

• The medical records, informed consent signatures, and parental consent signatures meet statutory requirements;

• The health clinic or facility provides the patient on a 24-hour basis, telephone consultation with a registered nurse or physician associated with the facility;

• The health clinic or facility has a written procedure for emergency transfer of a patient to an acute care facility, including a medical record form that contains information required for an emergency transfer;

• The health clinic or facility is within 30 miles of a hospital that provides gynecological or surgical services;

• The health clinic or facility has drugs, oxygen, intravenous fluids, and other emergency equipment on-site and readily available to stabilize a patient if necessary; and

• All staff have documented current competency in cardiopulmonary resuscitation.

• Requires pregnant individuals to sign a form that includes the following, except in the case of a medical emergency (Sec. 10):

• A description of the individual’s rights, including the right to informed consent;

• A detailed description of the surgical or medical procedures that are to be performed;

• A detailed list of the risks and hazards related to the surgical or medical procedures that are to be performed, including but not limited to infections, blood clots, allergic reactions, uterine perforation, sterility, injury to the bowel or bladder, possible hysterectomy, failure to remove all products of conception, possible continuation of pregnancy, cramping, and death; and

• Any additional information in order for a physician to obtain the individual’s informed consent before performing an abortion.

• Requires a physicians performing abortions to report to the Department of Health all abortions resulting in live births (Sec. 2).

• Requires the department to annually report and publish the number of abortions resulting in live birth (Sec. 2).

• Specifies that the performance of an abortion or the failure to report requires actions in violation of this bill shall be charged with a class A misdemeanor and shall be grounds for a civil action by the individual whose consent is required (Sec. 4-5).

• Specifies that this bill does not allow the charging or conviction of a pregnant individual who receives an abortion with any criminal offense in the death of her unborn fetus (Sec. 5).

• Specifies that failure to comply with this bill by a physician or other person shall provide the basis for the following (Sec. 3):

• A civil action for compensatory and punitive damages which may include a medical malpractice action;

• Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least 1 year;

• Recovery for the person on whom the abortion was performed, or the parent or legal guardian of the person on whom the abortion was performed if they were a minor, for the wrongful death of the unborn child; or

• Injunction from future actions prohibited by this bill.

• Specifies that if a court order finds any of the new bill next to be invalid or unenforceable, then the relevant portion of the pre-existing law shall remain in full force (Sec. 13).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes a 72-hour waiting period prior to abortion procedures.

Highlights:

• Requires abortion facilities to adopt rules regarding without limitation the facilities, equipment, procedures, techniques, medical records, informed consent signatures, parental consent signatures, and conditions of a clinic, health center, or other facilities to ensure at a minimum that (Sec. 1):

• The facilities, equipment, procedures, techniques and conditions of the health clinic or facility are aseptic and do not constitute a health hazard;

• The medical records, informed consent signatures, and parental consent signatures meet statutory requirements;

• The health clinic or facility provides the patient on a 24-hour basis, telephone consultation with a registered nurse or physician associated with the facility;

• The health clinic or facility has a written procedure for emergency transfer of a patient to an acute care facility, including a medical record form that contains information required for an emergency transfer;

• The health clinic or facility is within 30 miles of a hospital that provides gynecological or surgical services;

• The health clinic or facility has drugs, oxygen, intravenous fluids, and other emergency equipment on-site and readily available to stabilize a patient if necessary; and

• All staff have documented current competency in cardiopulmonary resuscitation.

• Requires pregnant individuals to sign a form that includes the following, except in the case of a medical emergency (Sec. 10):

• A description of the individual’s rights, including the right to informed consent;

• A detailed description of the surgical or medical procedures that are to be performed;

• A detailed list of the risks and hazards related to the surgical or medical procedures that are to be performed, including but not limited to infections, blood clots, allergic reactions, uterine perforation, sterility, injury to the bowel or bladder, possible hysterectomy, failure to remove all products of conception, possible continuation of pregnancy, cramping, and death; and

• Any additional information in order for a physician to obtain the individual’s informed consent before performing an abortion.

• Requires a physicians performing abortions to report to the Department of Health all abortions resulting in live births (Sec. 2).

• Requires the department to annually report and publish the number of abortions resulting in live birth (Sec. 2).

• Specifies that the performance of an abortion or the failure to report requires actions in violation of this bill shall be charged with a class A misdemeanor and shall be grounds for a civil action by the individual whose consent is required (Sec. 4-5).

• Specifies that this bill does not allow the charging or conviction of a pregnant individual who receives an abortion with any criminal offense in the death of her unborn fetus (Sec. 5).

• Specifies that failure to comply with this bill by a physician or other person shall provide the basis for the following (Sec. 3):

• A civil action for compensatory and punitive damages which may include a medical malpractice action;

• Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least 1 year;

• Recovery for the person on whom the abortion was performed, or the parent or legal guardian of the person on whom the abortion was performed if they were a minor, for the wrongful death of the unborn child; or

• Injunction from future actions prohibited by this bill.

• Specifies that if a court order finds any of the new bill next to be invalid or unenforceable, then the relevant portion of the pre-existing law shall remain in full force (Sec. 13).

Full Bill Text