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 complicated to the extent that termination of the pregnancy is necessary to preserve her life. The bill specifies that a medical emergency does not include conditions for which treatment is available that can preserve the woman's life without ending the pregnancy, nor does it include psychological or emotional conditions.
Additionally, the bill changes the legal framework regarding the consequences for physicians who provide medical treatment resulting in the accidental or unintentional injury or death of an unborn child. It removes the previous language that described this situation as an affirmative defense to prosecution, instead stating that it is not a violation under the law. This aims to provide clearer guidance and reassurance to medical professionals regarding their responsibilities and the standards of care 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)