The bill amends the Arkansas Human Life Protection Act and the Arkansas Unborn Child Protection Act by modifying the definition of "medical emergency." It introduces new legal language that clarifies that a medical emergency is a condition where, in reasonable medical judgment, the medical condition of a pregnant woman is so severe that terminating the pregnancy is necessary to preserve her life. The bill specifies that a medical emergency does not include situations where treatment is available that can sustain the life of the pregnant woman without ending the pregnancy, nor does it include psychological conditions or diagnoses based on presumptions about the woman's behavior.

Additionally, the bill removes the affirmative defense to prosecution for physicians who provide medical treatment resulting in the accidental or unintentional injury or death of an unborn child, stating instead that such actions are not a violation of the law. This change aims to provide clearer guidance and reassurance to medical professionals regarding their responsibilities and the legal implications of their actions in emergency situations involving pregnant women.

Statutes affected:
Old version HB1610 V2 - 3-5-2025 10:50 AM: 5-61-303, 03-05-2025, 5-61-304(d), 5-61-403, 5-61-404(d)
Old version HB1610 Original - 2-26-2025 03:48 PM: 5-61-303, 5-61-304(d), 5-61-403, 5-61-404(d)
HB 1610: 5-61-303, 5-61-304(d), 5-61-403, 5-61-404(d)
Act 387: 5-61-303, 03-05-2025, 5-61-304(d), 5-61-403, 5-61-404(d)