The bill amends the Arkansas Human Life Protection Act and the Arkansas Unborn Child Protection Act, primarily focusing on the definition of "medical emergency." It introduces new legal language that clarifies that a medical emergency, as determined by a physician's reasonable medical judgment, is a condition that necessitates the termination of a pregnancy to preserve the life of a pregnant woman. The bill specifies that this definition excludes situations where treatment is available to sustain the woman's life without ending the pregnancy, as well as psychological or emotional conditions. Additionally, it emphasizes that the reasonable medical judgment standard is a well-established norm in medical practice.
Furthermore, the bill modifies the legal implications for physicians who provide medical treatment resulting in unintentional injury or death to an unborn child. It removes the previous affirmative defense to prosecution and states that such actions are not considered a violation of the law. This change aims to provide clarity and reassurance to medical professionals regarding their responsibilities and the legal protections available to them when making critical decisions in emergency situations involving pregnant women.
Statutes affected: HB 1610: 5-61-303, 5-61-304(d), 5-61-403, 5-61-404(d)