The proposed legislation, titled the Race Discrimination by Abortion Prohibition Act, aims to prohibit race-selection abortions in Arkansas. It introduces a new subchapter to the Arkansas Code, defining key terms such as "abortion," "race-selection abortion," and "unborn child." The bill stipulates that a physician or any individual cannot perform an abortion if they know that the procedure is being sought solely based on the unborn child's race. Additionally, before performing an abortion, the physician must inquire about the race of the unborn child and inform the pregnant woman about the prohibition against race-selection abortions. The bill also outlines the process for obtaining medical records related to the woman's pregnancy history before proceeding with the abortion.
The legislation establishes criminal penalties for physicians who knowingly perform or attempt to perform a prohibited abortion, classifying such actions as a Class A misdemeanor. It also allows for civil penalties and professional sanctions against violators, including the potential suspension or revocation of medical licenses. Furthermore, it provides legal protections for women who undergo abortions in violation of this law, ensuring they cannot be prosecuted or held liable. The act will only take effect upon certification by the Attorney General that certain conditions regarding existing abortion laws in Arkansas have been met.