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ARKANSAS

http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:code

20-16-903. Informed consent.

(a)  No abortion shall be performed in this state except with the voluntary and informed consent of the woman upon whom the abortion is to be performed.  
(b)  Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:  

(1)  Prior to and in no event on the same day as the abortion, the woman is told the following, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by an agent of either physician:   

(A)  The name of the physician who will perform the abortion;   

(B)  The medical risks associated with the particular abortion procedure to be employed;   

(C)  The probable gestational age of the fetus at the time the abortion is to be performed; and  

(D)  The medical risks associated with carrying the fetus to term;  

(2)(A)(i)  The information required by subdivision (b)(1) of this section may be provided by telephone without conducting a physical examination or tests of the woman.   

(ii)  If the information is supplied by telephone, the information may be based both on facts supplied to the physician or his or her agent by the woman and on whatever other relevant information is reasonably available to the physician or his or her agent.  

(B)  The information required by subdivision (b)(1) of this section may not be provided by a tape recording but shall be provided during a consultation in which the physician or his or her agent is able to ask questions of the woman and the woman is able to ask questions of the physician.  

(C)  If a physical examination, tests, or other new information subsequently indicates the need, in the medical judgment of the physician, for a revision of the information previously supplied to the woman, that revised information may be communicated to the woman at any time prior to the performance of the abortion.  

(D)  Nothing in this section may be construed to preclude provision of required information through a translator in a language understood by the woman;  

(3)  Prior to and in no event on the same day as the abortion, the woman is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by an agent of either physician:  

(A)  That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;  

(B)  That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion;   

(C)(i)  That she has the option to review the printed or electronic materials described in § 20-16-904;  

(ii)  That those materials have been provided by the State of Arkansas; and  

(iii)  That they describe the fetus and list agencies that offer alternatives to abortion; and  

(D)(i)  That if the woman chooses to exercise her option to view the materials in a printed form, they shall be mailed to her, by a method chosen by the woman; or   

(ii)  That if the woman chooses to exercise her option to view the materials via the Internet, the woman shall be informed prior to and in no event on the same day as the abortion of the specific address of the Internet website where the material can be accessed;  

(4)  The information required by subdivision (b)(3) of this section may be provided by a tape recording if provision is made to record or otherwise register specifically whether the woman does or does not choose to review the printed materials;  

(5)  Prior to the termination of the pregnancy, the woman certifies in writing that the information described in subdivision (b)(1) of this section and her options described in subdivision (b)(3) of this section have been furnished to her and that she has been informed of her option to review the information referred to in subdivision (b)(3)(C) of this section;  

(6)  Prior to the abortion, the physician who is to perform the procedure or the physician's agent receives a copy of the written certification prescribed by subdivision (b)(5) of this section; and  

(7)  Before the abortion procedure is performed, the physician shall confirm with the patient that she has received information regarding:  

(A)  The medical risks associated with the particular abortion procedure to be employed;  

(B)  The probable gestational age of the unborn child at the time the abortion is to be performed; and   

(C)  The medical risks associated with carrying the fetus to term.  

(c)  The Arkansas State Medical Board shall promulgate regulations to ensure that physicians who perform abortions, referring physicians, or agents of either physician comply with all the requirements of this section.

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