{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-ar","type":"legislation","level":"state","jurisdiction":"Arkansas","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Total ban; life exception only","summary":"Arkansas enforces a near-total abortion ban triggered on June 24, 2022, with the only exception being to save the pregnant woman's life in a medical emergency.","machine_readable_summary":{"legal_classification":"total_ban","gestational_limit_weeks":0,"limit_measured_from":"fertilization","abortion_currently_available":"no","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":false,"mailing_pills_banned":true,"method_bans":["d_and_e","d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Unclassified felony, up to 10 years imprisonment and $100,000 fine","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":72,"state_scripted_counseling":true,"ultrasound_required":"mandatory_performed","in_person_visits_required":2,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":false,"exceptions_present":["life","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/ar.html","markdown":"https://www.abhortion.org/legislation/ar.md","summary_json":"https://www.abhortion.org/legislation/ar.json","full_json":"https://www.abhortion.org/legislation/ar-full.json","verbose_json":"https://www.abhortion.org/legislation/ar-verbose.json"},"overview":{"title":"Total ban; life exception only","summary":"Arkansas enforces a near-total abortion ban triggered on June 24, 2022, with the only exception being to save the pregnant woman's life in a medical emergency.","description":"Arkansas has a near-total ban on abortion, which took effect the day the U.S. Supreme Court overturned Roe v. Wade in June 2022. The only legal abortion in Arkansas is one performed to save the life of the pregnant woman in a medical emergency. There are no exceptions for rape, incest, or fetal anomalies. The woman herself is expressly exempt from prosecution, but anyone who performs or attempts to perform an abortion faces up to 10 years in prison and a $100,000 fine. The Arkansas Constitution declares a policy of protecting every unborn child from conception and bans public funding of abortion. A lawsuit challenging the ban was filed in early 2026 and, after being dismissed then revived, remains pending.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"},{"name":"Justia","href":"https://law.justia.com/constitution/arkansas/amendments/amendment-68"},{"name":"Arkansas Advocate","href":"https://arkansasadvocate.com/2026/01/28/lawsuit-says-arkansas-near-total-ban-on-abortion-violates-states-constitution"}]},"sections":{"definitions":{"title":"Conception-to-birth; narrow carveouts","summary":"Arkansas defines 'abortion' broadly as intentionally terminating a known pregnancy and defines 'unborn child' from conception, with express carveouts for ectopic pregnancy, miscarriage removal, and life-saving treatment.","description":"Arkansas law defines abortion as using medicine, drugs, instruments, or other means to intentionally end a pregnancy, with the intent 'other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child.' An 'unborn child' is defined as offspring of human beings from conception until birth. The law explicitly states that removal of an ectopic pregnancy or a dead unborn child caused by spontaneous miscarriage is not an abortion. Treatment that accidentally or unintentionally harms a fetus during medical care for the pregnant woman is also not treated as an illegal abortion, as the law provides an affirmative defense for licensed physicians providing medical treatment that results in accidental or unintentional injury or death to the unborn child.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-1/section-5-1-102"},{"name":"Arkansas Legislature","href":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT387.pdf"}]},"current_status":{"title":"Abortion banned; life exception only","summary":"Since June 24, 2022, Arkansas has prohibited abortion at all stages of pregnancy except to save the pregnant woman's life in a medical emergency.","description":"Since the U.S. Supreme Court overturned Roe v. Wade on June 24, 2022, abortion has been illegal in Arkansas at any stage of pregnancy. The only legal abortion is one that a doctor determines is necessary to save the pregnant woman's life because of a medical emergency — a physical disorder, illness, or injury that endangers her life. There is no exception for rape, incest, or severe fetal conditions. A pregnant woman cannot be charged with a crime for seeking or having an abortion. The ban is currently in full effect and is being actively enforced — no abortion clinics operate in the state.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-303"},{"name":"Arkansas Attorney General","href":"https://content.govdelivery.com/attachments/ARAG/2022/06/24/file_attachments/2193849/Color%20Scan%20Act%20180%20of%202019%20Certification.pdf"}]},"enforcement_status":{"title":"In full effect; not enjoined","summary":"The Arkansas trigger ban is in full effect and has not been enjoined; no abortion clinics operate in the state, and a state constitutional challenge filed in 2026 is pending.","description":"Arkansas's abortion ban is fully in force. No court has blocked it. Since the ban took effect, all abortion clinics in Arkansas have stopped providing abortion services. A lawsuit challenging the ban under the Arkansas Constitution was filed in Pulaski County Circuit Court in January 2026. That lawsuit was dismissed in April 2026, but the judge reversed her own dismissal in May 2026 after the Arkansas Supreme Court struck down Act 975 of 2025, a procedural law that had been cited as one basis for the dismissal. The challenge remains alive but has not resulted in any injunction against enforcement of the ban.","verification":"semi_verified","confidence":"high","sources":[{"name":"Arkansas Advocate","href":"https://arkansasadvocate.com/briefs/arkansas-judge-revives-lawsuit-challenging-states-near-total-abortion-ban"},{"name":"Encyclopedia of Arkansas","href":"https://encyclopediaofarkansas.net/entries/arkansans-for-limited-government-v-thurston-19575"},{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/maps/abortion-laws-by-state/arkansas"}]},"exceptions":{"life":{"title":"Life exception; narrow medical emergency","type":"life","summary":"Abortion is permitted only to save the pregnant woman's life when endangered by a physical disorder, illness, or injury including a life-endangering condition caused by or arising from the pregnancy.","description":"The only legal abortion in Arkansas is one performed to save the pregnant woman's life in a medical emergency. A 'medical emergency' means a physical disorder, illness, or injury that endangers the pregnant woman's life, including a life-endangering condition caused by the pregnancy itself. A licensed physician must make this determination. The law provides doctors an affirmative defense if medical treatment given to a pregnant woman accidentally or unintentionally causes injury or death to the unborn child.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-303"}]},"physical_health":{"title":"No physical health exception","type":"physical_health","summary":"Arkansas's ban contains no exception for preserving the pregnant woman's physical health; only a risk to her life qualifies.","description":"Arkansas law does not allow an abortion to protect the pregnant woman's health, even if the pregnancy is causing serious medical harm short of death. The only circumstance in which an abortion is legal is when it is necessary to save her life.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"}]},"mental_health":{"title":"No mental health exception","type":"mental_health","summary":"Mental health conditions, including risk of suicide, do not qualify for an exception under Arkansas's abortion ban.","description":"Mental health conditions — including severe depression, risk of self-harm, or suicidal thoughts — do not legally justify an abortion in Arkansas. The ban's only exception is a physical condition that threatens the pregnant woman's life.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-79/subchapter-1/section-23-79-156"}]},"rape":{"title":"No rape exception","type":"rape","summary":"Arkansas's abortion ban contains no exception for pregnancy resulting from rape, including rape of a minor.","description":"There is no legal way to obtain an abortion in Arkansas because of rape. Even if the pregnancy resulted from rape — including the rape of a child — abortion is prohibited unless the pregnant woman's life is at risk.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"}]},"incest":{"title":"No incest exception","type":"incest","summary":"Arkansas's ban provides no incest exception; pregnancy from incest is not grounds for legal abortion.","description":"There is no incest exception to Arkansas's abortion ban. If a pregnancy results from incest, abortion remains illegal unless the pregnant woman's life is threatened by a medical emergency.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"}]},"fatal_fetal_anomaly":{"title":"No fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"Arkansas has no exception for fatal fetal anomalies; even when a fetus has a condition incompatible with life, abortion remains prohibited.","description":"There is no exception to Arkansas's abortion ban for pregnancies where the fetus has been diagnosed with a severe or fatal condition. Parents who learn their baby has a condition incompatible with life cannot obtain a legal abortion in Arkansas.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic pregnancy and miscarriage excluded","type":"ectopic_miscarriage_carveout","summary":"Removing an ectopic pregnancy or a dead unborn child from spontaneous abortion is explicitly not an 'abortion' under Arkansas law.","description":"Treating an ectopic pregnancy — where a fertilized egg implants outside the uterus — is not legally considered an abortion in Arkansas. Similarly, removing tissue after a miscarriage (spontaneous abortion) is not an abortion. Doctors may treat these conditions without fear of prosecution. Act 387 of 2025 clarified that these procedures are not abortions, and that treatment intended to preserve the health or life of the unborn child is also not an abortion.","verification":"verified","confidence":"high","sources":[{"name":"Arkansas Legislature","href":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT387.pdf"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-62/section-16-62-102"}]}},"methods":{"procedural_surgical":{"title":"Banned; D&E and D&X prohibited","summary":"All procedural abortion is prohibited under the near-total ban; Arkansas also separately bans dilation and evacuation (D&E) and dilation and extraction (D&X/partial-birth) procedures.","description":"All surgical abortion procedures are illegal in Arkansas under the near-total ban, with the sole exception of a procedure to save the pregnant woman's life. On top of the general ban, Arkansas has specific laws that separately prohibit certain second-trimester procedures — the dilation and evacuation (D&E) method and the dilation and extraction (D&X/partial-birth) method. These method-specific bans are now effectively redundant because the overall ban covers all abortion procedures at all stages.","verification":"verify_before_publication","confidence":"high","sources":[{"name":"Guttmacher Institute","href":"https://www.guttmacher.org/state-policy/explore/bans-specific-abortion-methods-used-after-first-trimester"}]},"medication":{"title":"Banned; in-person-only rules","summary":"Medication abortion is prohibited by the general ban; separate laws require in-person dispensing, ban mailing, prohibit telehealth prescribing, and mandate physician-only administration.","description":"Medication abortion — using pills like mifepristone and misoprostol — is illegal in Arkansas just as surgical abortion is. Even before the total ban, Arkansas had created a web of restrictions specific to medication abortion: the initial dose must be administered in the same room and in the physical presence of the prescribing physician (no telehealth), it is illegal to provide abortion-inducing drugs by mail, courier, or delivery service, only a physician may prescribe or dispense them, and the physician must perform an in-person exam first. These laws remain on the books and reinforce the general ban.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603"},{"name":"Arkansas Attorney General","href":"https://media.ark.org/ag/2025-07-29-Cease-and-Desist-Plan-C.pdf"}]},"self_managed":{"title":"Woman exempt; suppliers at risk","summary":"The pregnant woman who self-manages an abortion is expressly exempt from criminal liability under Arkansas law, but those who supply her with pills or other means face felony exposure.","description":"A pregnant woman who ends her own pregnancy — whether through medication obtained online, herbal methods, or other means — cannot be prosecuted under Arkansas's abortion laws. The statutes explicitly say that a woman cannot be charged with a criminal offense in the death of her own unborn child. However, anyone who helps her obtain abortion pills or other means — whether a friend, a family member, a physician, or an out-of-state telehealth provider — could potentially face felony charges. In practice, Arkansas has not prosecuted women for self-managed abortion and the statutory exemption makes such prosecution unlikely. The Attorney General has focused enforcement efforts on suppliers and organizations that advertise or ship abortion pills into Arkansas.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-1/section-5-61-102"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603"}]}},"actors":{"who_may_perform":{"title":"Licensed physician only","summary":"Only a licensed physician may perform or prescribe an abortion in Arkansas; advanced practice clinicians, pharmacists, and others are not authorized.","description":"Under Arkansas law, only a licensed physician — a medical doctor — can legally perform or prescribe an abortion. Nurse practitioners, physician assistants, certified nurse-midwives, pharmacists, and other healthcare professionals are not authorized to provide abortion care, even in the rare circumstances where abortion is legal (to save the woman's life). The physician must be licensed under the Arkansas Medical Practices Act.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504"},{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/maps/abortion-laws-by-state/arkansas"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt from all liability","summary":"The pregnant woman is comprehensively exempt from criminal prosecution and civil liability for abortion under multiple Arkansas statutes.","description":"A pregnant woman cannot be criminally charged or civilly sued for obtaining or self-inducing an abortion in Arkansas. Multiple separate laws all repeat the same rule: a woman cannot be charged 'with any criminal offense in the death of her own unborn child.' On the civil side, a woman who obtains or possesses abortion pills also cannot be sued. This protection is broad and is repeated across the criminal code, the abortion chapter, and the general definitions statute.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"}]},"physician":{"title":"Unclassified felony; up to 10 years","summary":"A physician who performs or attempts an abortion faces an unclassified felony punishable by up to 10 years imprisonment, a $100,000 fine, or both, plus mandatory license revocation.","description":"Any doctor who performs an illegal abortion in Arkansas — or even attempts to — commits an unclassified felony. The maximum penalty is 10 years in prison and a $100,000 fine. In addition, the Arkansas State Medical Board is required to revoke the doctor's medical license if it finds a violation. The doctor can also be sued for civil damages by the woman, the husband (if married at the time), or a maternal grandparent of the unborn child.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603"}]},"prescriber_pharmacist":{"title":"Non-physician prescribers unauthorized","summary":"Non-physician prescribers (NPs, PAs) and pharmacists cannot lawfully prescribe, dispense, or provide abortion care, and doing so would violate the physician-only rule and potentially the ban itself.","description":"Nurse practitioners, physician assistants, and pharmacists are not authorized to provide abortion care in Arkansas. Only licensed physicians may prescribe or dispense abortion-inducing drugs. A pharmacist who fills an out-of-state prescription for abortion medication for an Arkansas patient could face criminal exposure, though enforcement against pharmacists has not been tested in reported cases. The attorney general has focused enforcement on out-of-state organizations mailing pills, not in-state pharmacists.","verification":"verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504"}]},"nurses_and_staff":{"title":"Accomplice liability; no express exemption","summary":"Nurses and clinical staff who assist in an illegal abortion could face accomplice liability as Arkansas has no express exemption shielding non-physician staff.","description":"Nurses, medical assistants, clinic staff, and other healthcare workers who help with an illegal abortion could potentially face criminal charges as accomplices. Unlike the pregnant woman, they are not expressly shielded by any Arkansas statute. However, because no abortion clinics operate in Arkansas and no abortions (except lifesaving emergency procedures in hospitals) are being performed, the practical risk to staff is currently theoretical. In a hospital emergency situation where a physician performs a lawful life-saving termination, staff assisting are acting lawfully.","verification":"semi_verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-2/chapter-2/subchapter-4/section-5-2-403"}]},"other_helpers":{"title":"No express criminalization of helpers","summary":"Arkansas has not enacted specific statutes criminalizing friends, family, or others who help with abortion costs, transportation, or information, but general accomplice-liability statutes could theoretically reach such conduct.","description":"Arkansas does not have a specific law that makes it a crime for a friend who drives someone to an out-of-state abortion appointment, a parent who pays for the procedure, or an employer who reimburses travel costs. The state has not enacted 'abortion trafficking' laws like those in Idaho or Tennessee. However, the general criminal law of accomplice liability could theoretically be applied to someone who knowingly helps with an illegal in-state abortion. For out-of-state travel, which itself is legal, the application of accomplice law is highly attenuated.","verification":"semi_verified","confidence":"medium","sources":[{"name":"Network for Public Health Law","href":"https://www.networkforphl.org/wp-content/uploads/2025/06/Restrictions-on-the-Right-to-Travel-for-Out-of-State-Abortion-Care.pdf"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"No abortion-trafficking law","summary":"Arkansas has no statute criminalizing travel assistance for out-of-state abortion; travel itself remains lawful, and helping someone travel is not separately criminalized.","description":"Arkansas has not passed an 'abortion trafficking' law of the kind that Idaho and Tennessee have adopted. It is not a crime in Arkansas to help someone — including a minor — travel out of state for an abortion, nor is it a crime to cross state lines to obtain one. There are no local ordinances within Arkansas that criminalize travel assistance.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-8"}]},"funding":{"title":"No specific funding prohibition","summary":"Arkansas has no statute that specifically criminalizes paying for someone else's abortion or abortion travel, though general accomplice concepts could theoretically apply to funding an illegal in-state procedure.","description":"There is no Arkansas law that makes it a crime specifically to pay for someone else's abortion, give money to an abortion fund, reimburse travel costs as an employer, or otherwise financially assist someone obtaining an abortion. General accomplice-liability laws could potentially be applied to someone who knowingly funds an illegal in-state abortion, but paying for lawful out-of-state care presents no legal exposure.","verification":"not_applicable","confidence":"medium"},"mailing_pills":{"title":"Expressly criminalized","summary":"Arkansas law explicitly makes it a crime for any person — manufacturer, supplier, physician, or anyone else — to provide abortion-inducing drugs by mail, courier, or delivery service.","description":"It is illegal in Arkansas to send abortion pills by mail, courier, or any delivery service. This applies to everyone — drug manufacturers, online pharmacies, individual doctors, friends, and family. The Arkansas Attorney General sent cease-and-desist letters in July 2025 to organizations advertising access to abortion pills in Arkansas, citing this law. The prohibition covers both sending into Arkansas from out of state and sending within the state.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504"},{"name":"Arkansas Attorney General","href":"https://media.ark.org/ag/2025-07-29-Cease-and-Desist-Plan-C.pdf"}]},"providing_information":{"title":"Not criminalized; First Amendment protects","summary":"Arkansas has no law criminalizing the provision of abortion information, referrals, or website links, and any such restriction would face serious First Amendment challenges.","description":"It is not a crime in Arkansas to give someone information about where or how to get an abortion, to share a website address, to refer someone to an out-of-state clinic, or to discuss abortion options. Providing information is protected by the First Amendment. The attorney general's cease-and-desist letters targeted organizations that the AG alleged were facilitating the actual provision of pills, not merely providing information.","verification":"not_applicable","confidence":"high"},"civil_bounty":{"title":"No SB8-style civil bounty","summary":"Arkansas has not enacted a private civil-enforcement bounty law comparable to Texas's SB8; there is no statutory mechanism for private citizens to sue abortion providers or helpers for statutory damages.","description":"Arkansas does not have a law like the Texas 'SB8' bounty law that allows private citizens to sue anyone who performs or helps with an abortion for $10,000 or more. Arkansas's enforcement mechanism is traditional criminal prosecution by public officials, not private lawsuits. However, a limited civil-action provision in the medication-abortion statute allows the woman, her husband, or her parents to sue the abortion provider for actual and punitive damages.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603"}]}},"procedural_requirements":{"waiting_period":{"title":"72-hour mandatory waiting period","summary":"Arkansas requires a 72-hour waiting period between informed-consent counseling and the abortion procedure.","description":"Under Arkansas law, a person seeking an abortion must wait at least 72 hours (three days) after receiving state-mandated counseling before the abortion can be performed. These procedural requirements remain on the books but are functionally irrelevant while the total ban is in effect, since virtually no abortions are legally performed. They would spring back into operation if the ban were ever enjoined or modified.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-1703"}]},"mandatory_counseling":{"title":"State-scripted informed consent","summary":"Arkansas requires state-scripted informed-consent counseling with specified content, including information about fetal development, abortion risks, and the claim that medication abortion may be reversible.","description":"Arkansas law mandates that before an abortion, the patient must receive specific state-scripted counseling. The physician or referring physician must provide detailed information about the procedure, its risks, alternatives, fetal development, and the option to view the ultrasound. Arkansas also requires that the patient be told about the possibility of 'reversing' a medication abortion — a claim that major medical organizations, including the American College of Obstetricians and Gynecologists, say is not supported by scientific evidence. These requirements are on the books but inactive while the total ban is enforced.","verification":"semi_verified","confidence":"high","sources":[{"name":"Arkansas Bureau of Legislative Research","href":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FAssembly%2FMeeting+Attachments%2F040%2F4596%2FE.5.a+ADH+Rules+for+Abortion+Facilities+and+Related+Acts.pdf"}]},"ultrasound_requirement":{"title":"Ultrasound mandatory, performed","summary":"Arkansas requires an abdominal ultrasound to detect a fetal heartbeat before an abortion; the image must be displayed so the patient can view it if she chooses.","description":"Before an abortion can be performed in Arkansas, the physician must perform an abdominal ultrasound to check for a fetal heartbeat. The ultrasound screen must be positioned so the patient can see the image if she wants to. The patient has the right to decline to view it. The fetal heartbeat must be made audible if possible. These ultrasound requirements are moot while the abortion ban is in effect.","verification":"semi_verified","confidence":"high","sources":[{"name":"Cornell Legal Information Institute","href":"https://www.law.cornell.edu/regulations/arkansas/007-33-22-Ark-Code-R-012"}]},"in_person_visits":{"title":"Two in-person visits required","summary":"Under Arkansas's combined procedural requirements, a person would need at least two in-person visits: one for the mandatory counseling and ultrasound, and a second at least 72 hours later for the procedure.","description":"If abortion were available in Arkansas, a patient would need to visit the clinic at least twice: once for the required ultrasound and counseling, and then again at least 72 hours later for the procedure itself. The counseling and ultrasound must be performed in person. These requirements are all suspended in practice because of the total ban.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-1703"}]}},"minors":{"parental_involvement":{"title":"One-parent written consent required","summary":"A physician may not perform an abortion on an unemancipated minor without the notarized written consent of one parent or legal guardian, unless a medical emergency exists or a court grants a judicial bypass.","description":"If abortion were legal in Arkansas, a minor under 18 who is not emancipated would need written, notarized consent from one parent or legal guardian. There are two ways around this: if the minor's life is in danger (a medical emergency), consent is not required; or the minor can go to court and ask a judge for permission through a process called judicial bypass. The law requires that the consent be in writing and notarized. These requirements are currently moot because abortion itself is banned.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-804"}]},"judicial_bypass":{"title":"Judicial bypass available","summary":"A minor can petition a circuit court to waive parental consent by proving by clear and convincing evidence that she is mature and well-informed or that parental involvement is not in her best interest.","description":"A pregnant minor who does not want to involve a parent can go to court and ask a judge for permission to get an abortion without parental consent. The judge must grant the request if the minor proves — by 'clear and convincing evidence' — that she is mature enough and well-informed enough to make the decision on her own, or that involving a parent is not in her best interest (for example, because of abuse). The court proceedings are confidential, the minor can use a pseudonym, and she has the right to a court-appointed attorney. If the judge denies the request, the minor has the right to an expedited confidential appeal. There is no filing fee.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-8/section-20-16-809"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice law","summary":"Arkansas has no statute requiring spousal consent or notice for abortion.","description":"Arkansas does not require a married woman to get her husband's consent or even notify him before obtaining an abortion. There is no such law on the books in Arkansas.","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"Not applicable; no law exists","summary":"Because Arkansas has no spousal-consent or spousal-notice law, the question of post-Dobbs enforceability of such laws does not arise in this jurisdiction.","description":"Since Arkansas does not have a law requiring spousal consent or notice for abortion, there is nothing to enforce. If the legislature were to enact such a law, its constitutionality would be uncertain after Dobbs, as Danforth and Casey would no longer bind federal courts but the Arkansas Constitution might independently protect against such a requirement.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Husband can sue provider civilly","summary":"The husband of a woman who receives an illegal abortion (if married at the time) may sue the abortion provider for actual and punitive damages; he also has standing under the wrongful-death statute.","description":"Under Arkansas's medication-abortion statute, the father of the unborn child has the right to sue the abortion provider for money damages — but only if he was married to the woman at the time of the abortion. Similarly, under the wrongful-death statute, the father may be a beneficiary in a wrongful-death claim for an unborn child. There is no 'putative father registry' relevant to abortion in Arkansas.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide from conception","summary":"Arkansas defines 'person' for homicide purposes to include an unborn child at any stage of development from conception, but excludes legal abortion, assisted reproduction, and the pregnant woman herself.","description":"Under Arkansas's criminal code, killing an unborn child can be prosecuted as homicide — murder, manslaughter, or negligent homicide. The law defines an 'unborn child' as existing from the moment of conception and at any stage of development. This means that a third party who causes the death of a fetus (for example, by assaulting a pregnant woman) can be charged with homicide. However, the law explicitly excludes: legal abortions to which the woman consented, actions taken in standard medical practice, actions to save the woman's life or preserve her health, assisted reproduction procedures, and embryos outside the womb (IVF). Most importantly, the woman herself cannot be charged with homicide for the death of her own unborn child.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-1/section-5-1-102"}]},"wrongful_death":{"title":"Wrongful death for unborn child","summary":"Arkansas's wrongful-death statute allows a civil claim for the death of an 'unborn child as defined in § 5-1-102' (from conception), with specific exemptions for legal abortion and IVF.","description":"If an unborn child dies because of someone's wrongful act, the family can sue for wrongful death. The law defines 'unborn child' the same way the criminal code does — from conception onward. The right to sue excludes deaths resulting from legal abortion (including ectopic pregnancy removal), the pregnant woman's own fault, assisted reproduction procedures, IVF embryos before transfer, or FDA-approved contraception use. The surviving spouse, children, parents, and siblings of the unborn child are the beneficiaries.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-62/section-16-62-102"}]},"personhood_definition":{"title":"Unborn child as person from conception","summary":"Arkansas law defines 'unborn child' from conception in the criminal code and declares a constitutional policy of protecting every unborn child from conception.","description":"Arkansas law repeatedly uses language treating the unborn as persons. The criminal code defines an 'unborn child' as existing from conception. The Arkansas Constitution declares it to be state policy 'to protect the life of every unborn child from conception until birth.' The wrongful-death law and fetal-homicide law both incorporate the conception-based definition. This personhood language exists alongside the express exemption of the pregnant woman from criminal liability — creating a deliberate tension in Arkansas law.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/constitution/arkansas/amendments/amendment-68"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-1/section-5-1-102"}]},"contradictions_analysis":"Arkansas law contains a deliberate and multi-layered set of internal contradictions around fetal personhood. The criminal code declares an unborn child a 'person' from conception for homicide purposes, the Constitution declares a policy of protecting every unborn child 'from conception until birth,' and the wrongful-death statute permits civil recovery for the death of an unborn child from conception. Yet at every turn, a specific carveout exempts the pregnant woman from any criminal or civil liability for the death of her own unborn child — appearing in the homicide definitions (§ 5-1-102(13)(B)(iii)), the trigger ban (§ 5-61-304(c)(1)), the pre-Roe ban (§ 5-61-102(c)), and the medication-abortion statute (§ 20-16-603(d)(2) and (g)). Similarly, the wrongful-death statute exempts death caused by 'the fault of the pregnant woman.' These exemptions are irreconcilable with full fetal personhood: if the unborn child were fully a legal person, the pregnant woman's act of ending its life would logically constitute homicide, yet Arkansas has affirmatively chosen not to treat it as such. This contradiction reflects a specific legislative policy choice: the unborn child is a person for purposes of holding third-party actors and abortion providers accountable, but the pregnant woman is placed in a legally distinct category where her conduct toward her own pregnancy is not subject to the same personhood rules. The IVF carveouts in the fetal-homicide and wrongful-death statutes further complicate the personhood framework by excluding embryos outside the womb from the protections that apply from conception within the womb. This creates a three-tier legal reality: (1) the unborn child in utero is a 'person' as against third parties and providers; (2) the pregnant woman is exempt from liability as to her own unborn child; (3) embryos outside the womb are not persons for any of these purposes."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth abortion prohibited","summary":"Arkansas law explicitly prohibits prescribing abortion-inducing drugs via telemedicine; the physician must be physically present in the same room for the initial administration.","description":"Arkansas does not allow abortion medication to be prescribed through telehealth (video or phone appointments). The doctor must be physically in the room with the patient. This rule is reinforced by the general ban on abortion and the specific law against sending abortion pills by mail.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603"}]},"out_of_state_travel":{"title":"Travel not restricted","summary":"Arkansas law does not prohibit residents from traveling out of state to obtain an abortion, nor does any statute attempt to reach conduct occurring wholly outside Arkansas.","description":"It is legal for an Arkansas resident to travel to another state where abortion is legal and obtain an abortion there. Arkansas has no law that tries to punish someone for going out of state for an abortion or for what they do in another state. The constitutional right to travel protects interstate movement.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; hostile to cross-border care","summary":"Arkansas has no shield law protecting providers or patients from out-of-state investigations, and the attorney general has actively sought to restrict the flow of abortion pills into the state.","description":"Arkansas is not a 'shield state.' It has no law that protects Arkansas residents who seek abortions out of state, or out-of-state providers who serve Arkansas patients, from investigation or legal action by other states. On the contrary, the Arkansas Attorney General has sent cease-and-desist letters to out-of-state organizations that offer abortion-pill information or access to Arkansas residents, and has joined multi-state efforts urging Congress to restrict mailing of abortion pills.","verification":"semi_verified","confidence":"high","sources":[{"name":"Arkansas Attorney General","href":"https://arkansasag.gov/news-release/attorney-general-griffin-calls-on-congress-to-prevent-abortion-pills-from-being-shipped-to-arkansas-sends-four-cease-and-desist-letters"},{"name":"Guttmacher Institute","href":"https://www.guttmacher.org/state-policy/explore/shield-laws-sexual-and-reproductive-health-care"}]}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only; life exception only","summary":"Arkansas Medicaid covers abortion only under the federal Hyde Amendment (life of the mother, rape, incest) and the state constitutional ban on public funding restricts even this to life-saving abortions.","description":"Arkansas's Medicaid program does not cover abortion beyond what federal law requires. The federal Hyde Amendment permits Medicaid to cover abortion in cases of life endangerment, rape, or incest. However, the Arkansas Constitution goes further: Amendment 68 says 'no public funds will be used to pay for any abortion, except to save the mother's life.' The Arkansas Medicaid program requires a form (DMS-2698) and a law-enforcement report for rape/incest reimbursement, even for the Hyde categories. In practice, because abortion is nearly entirely banned, Medicaid coverage questions rarely arise.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/constitution/arkansas/amendments/amendment-68"},{"name":"National Health Law Program","href":"https://healthlaw.org/wp-content/uploads/2022/04/2025-Abortion-Coverage-Under-Medicaid.pdf"}]},"private_insurance":{"title":"Abortion coverage restricted","summary":"Arkansas prohibits qualified health plans on the state insurance exchange from covering elective abortion, and generally restricts private insurance abortion coverage to life-saving circumstances.","description":"Private health insurance plans sold in Arkansas — including those on the state's ACA marketplace exchange — cannot cover elective abortions. They can only cover an abortion if it is performed to save the pregnant woman's life or if the pregnancy resulted from rape or incest. A separate optional supplemental policy can be purchased outside the exchange to cover elective abortions, with a separate premium.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-79/subchapter-1/section-23-79-156"}]},"exchange_plans":{"title":"ACA exchange plans barred from covering","summary":"ACA marketplace exchange plans in Arkansas are statutorily barred from covering elective abortion; coverage is limited to life-saving or rape/incest abortions.","description":"Health insurance plans sold on Arkansas's ACA marketplace cannot cover abortion except in cases of life endangerment, rape, or incest. This mirrors the restriction on private insurance. The law was enacted under the ACA's provision that allows states to opt out of exchange-plan abortion coverage.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-79/subchapter-1/section-23-79-156"}]},"state_funding_of_providers":{"title":"Defunds abortion providers","summary":"Arkansas has successfully terminated Medicaid funding for Planned Parenthood and prohibits any public funds from being used to subsidize abortion providers.","description":"Arkansas has cut off Medicaid payments to Planned Parenthood. In 2017, the state terminated Planned Parenthood's Medicaid provider agreement, and the Eighth Circuit Court of Appeals upheld Arkansas's right to do so. Combined with the state constitutional ban on using public funds for abortion, this means no state or federal-state funds flow to abortion providers in Arkansas. The federal government cannot compel Arkansas to include Planned Parenthood in its Medicaid program after the U.S. Supreme Court's 2025 ruling in Medina v. Planned Parenthood South Atlantic.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/constitution/arkansas/amendments/amendment-68"},{"name":"Eighth Circuit (via Justia)","href":"https://law.justia.com/cases/federal/appellate-courts/ca8/16-2235/16-2235-2017-08-16.html"}]}}},"penalties":[{"actor":"Physician / abortion provider","offense":"Performing or attempting an abortion in violation of the Arkansas Human Life Protection Act (trigger ban)","penalty":"Unclassified felony; fine up to $100,000, imprisonment up to 10 years, or both; mandatory license revocation by Arkansas State Medical Board","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603"}]},{"actor":"Any person who administers drugs or means to cause abortion (pre-Roe statute)","offense":"Unlawful abortion under Ark. Code Ann. § 5-61-102","penalty":"Class D felony; up to 6 years imprisonment and fine up to $10,000","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-1/section-5-61-102"}]},{"actor":"Any person mailing/distributing abortion-inducing drugs","offense":"Unlawful distribution of abortion-inducing drugs via courier, delivery, or mail","penalty":"Class D felony (under § 20-16-1510 for violations resulting in death); penalties for lesser violations through general criminal provisions","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504"}]},{"actor":"Pregnant woman","offense":"No criminal liability for obtaining or self-managing abortion (expressly exempt)","penalty":"None; immune from criminal prosecution and civil suit under multiple statutes","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603"}]}],"recent_changes":[{"date":"2025-07-29","event":"Arkansas Attorney General Tim Griffin sends cease-and-desist letters to four organizations (including Plan C) alleging they illegally advertise and facilitate the provision of abortion pills in Arkansas, citing Ark. Code Ann. § 20-16-1504.","sources":[{"name":"Arkansas Attorney General","href":"https://arkansasag.gov/news-release/attorney-general-griffin-calls-on-congress-to-prevent-abortion-pills-from-being-shipped-to-arkansas-sends-four-cease-and-desist-letters"}]},{"date":"2025-03-05","event":"Act 387 of 2025 (HB1610) signed into law, amending the definition of abortion to explicitly exclude removal of ectopic pregnancy, removal of a dead unborn child from spontaneous abortion, and treatment to preserve the health or life of the unborn child. Also modified the medical-emergency definition.","sources":[{"name":"Arkansas Legislature","href":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT387.pdf"}]},{"date":"2025-04-30","event":"Arkansas Supreme Court declares Act 975 of 2025 (which redirected constitutional challenges to the Court of Appeals, bypassing circuit courts) unconstitutional, removing a procedural barrier to abortion-ban challenges in circuit court.","sources":[{"name":"KATV","href":"https://katv.com/news/local/arkansas-supreme-court-strikes-down-unconstitutional-law-redesigning-court-system-robert-steinbuch-cody-hiland-act-975-pulaski-county-circuit-court-liberal-governor-sarah-huckabee-sanders-court-of-appeals"}]},{"date":"2024-08-22","event":"Arkansas Supreme Court upholds the Secretary of State's rejection of the abortion-rights ballot initiative petitions (Arkansans for Limited Government v. Thurston), keeping the proposed 'Arkansas Right to Abortion Initiative' off the November 2024 ballot.","sources":[{"name":"Ballotpedia","href":"https://ballotpedia.org/Arkansas_Right_to_Abortion_Initiative_(2024)"}]},{"date":"2022-06-24","event":"U.S. Supreme Court issues Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade. Arkansas Attorney General Leslie Rutledge certifies the trigger condition the same day, activating the Arkansas Human Life Protection Act (Act 180 of 2019). Abortion becomes illegal in Arkansas except to save the pregnant woman's life.","sources":[{"name":"Arkansas Attorney General","href":"https://content.govdelivery.com/attachments/ARAG/2022/06/24/file_attachments/2193849/Color%20Scan%20Act%20180%20of%202019%20Certification.pdf"}]}],"pending_changes":[{"name":"Amplify Legal v. State of Arkansas (Pulaski County Circuit Court)","type":"litigation","status":"Active; filed January 2026, dismissed April 2026, revived May 2026 after the Arkansas Supreme Court struck down Act 975 and the circuit judge reversed her dismissal. The case challenges the near-total abortion ban under the Arkansas Constitution arguing vagueness and violation of state constitutional rights to life, liberty, and the pursuit of happiness.","effect":"If successful, the suit could enjoin the Arkansas abortion ban, potentially restoring abortion access in Arkansas on the terms ordered by the court — possibly reinstating the pre-trigger framework of a 20-week gestational limit or otherwise modifying the ban's scope. The litigation is in early stages and no injunction has been entered.","sources":[{"name":"Arkansas Advocate","href":"https://arkansasadvocate.com/2026/01/28/lawsuit-says-arkansas-near-total-ban-on-abortion-violates-states-constitution"},{"name":"Arkansas Advocate","href":"https://arkansasadvocate.com/briefs/arkansas-judge-revives-lawsuit-challenging-states-near-total-abortion-ban"}]},{"name":"2026 abortion-rights ballot initiative (potential)","type":"ballot_measure","status":"Signature-gathering phase reportedly underway; not yet certified. A proposed constitutional amendment to establish a right to abortion up to 20 weeks with exceptions for life, health, rape, incest, and fatal fetal anomalies.","effect":"If certified and passed, would amend the Arkansas Constitution to override the current statutory ban by establishing a state constitutional right to abortion up to at least 20 weeks, with post-20-week exceptions. Would likely trigger extensive litigation over scope. The August 2024 rejection of the previous ballot initiative and Arkansas's strict ballot-initiative process create significant hurdles.","sources":[{"name":"American Society for Reproductive Medicine","href":"https://www.asrm.org/advocacy-and-policy/reproductive-rights/summary-reports/state-summary-reports/arkansas"}]}],"key_authorities":[{"name":"Arkansas Human Life Protection Act (Trigger Ban)","citation":"Ark. Code Ann. § 5-61-304","type":"statute","url":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","why":"The operative near-total abortion ban, effective June 24, 2022, prohibiting abortion except to save the life of the pregnant woman in a medical emergency."},{"name":"Pre-Roe Unlawful Abortion Statute","citation":"Ark. Code Ann. § 5-61-102","type":"statute","url":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-1/section-5-61-102","why":"Historical criminal abortion ban still on the books; Class D felony; explicitly exempts the pregnant woman from liability."},{"name":"Arkansas Constitution Amendment 68","citation":"Ark. Const. Amend. 68","type":"constitution","url":"https://law.justia.com/constitution/arkansas/amendments/amendment-68","why":"Bans public funding for abortion except to save the mother's life and declares state policy to protect every unborn child from conception."},{"name":"Fetal Homicide Definition","citation":"Ark. Code Ann. § 5-1-102(13)(B)","type":"statute","url":"https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-1/section-5-1-102","why":"Defines 'person' for homicide purposes to include an unborn child from conception; exempts legal abortion and the pregnant woman."},{"name":"Abortion-Inducing Drugs Safety Act","citation":"Ark. Code Ann. § 20-16-1501 et seq.","type":"statute","url":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504","why":"Bans mailing of abortion pills, requires in-person physician examination, and limits prescribing to licensed physicians."},{"name":"Drug-Induced Abortion Procedures","citation":"Ark. Code Ann. § 20-16-603","type":"statute","url":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","why":"Requires in-room physician presence for mifepristone administration, prohibits telemedicine for medication abortion, and creates civil liability."},{"name":"Wrongful Death for Unborn Children","citation":"Ark. Code Ann. § 16-62-102","type":"statute","url":"https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-62/section-16-62-102","why":"Permits civil wrongful-death actions for unborn children from conception with abortion and IVF carveouts."},{"name":"Parental Involvement Enhancement Act","citation":"Ark. Code Ann. § 20-16-801 et seq.","type":"statute","url":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-8/section-20-16-809","why":"Requires one-parent written notarized consent for abortion on a minor, with judicial bypass available."},{"name":"Insurance Exchange Abortion Coverage Ban","citation":"Ark. Code Ann. § 23-79-156","type":"statute","url":"https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-79/subchapter-1/section-23-79-156","why":"Prohibits ACA exchange plans from covering elective abortion and restricts private insurance coverage."},{"name":"Woman's Right-to-Know Act (Informed Consent)","citation":"Ark. Code Ann. § 20-16-1703","type":"statute","url":"https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-1703","why":"Imposes 72-hour waiting period and state-scripted counseling requirements (inoperative under the total ban but still codified)."},{"name":"Dobbs v. Jackson Women's Health Organization","citation":"597 U.S. 215 (2022)","type":"case","url":"https://supreme.justia.com/cases/federal/us/597/19-1392/","why":"The U.S. Supreme Court decision that triggered Arkansas's ban by overturning Roe v. Wade and enabling the AG's certification of the trigger condition."},{"name":"Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley","citation":"864 F.3d 953 (8th Cir. 2017)","type":"case","url":"https://law.justia.com/cases/federal/appellate-courts/ca8/16-2235/16-2235-2017-08-16.html","why":"Eighth Circuit upheld Arkansas's termination of Planned Parenthood's Medicaid provider agreement."},{"name":"Act 387 of 2025 (Definitional Amendment)","citation":"Act 387, 2025 Regular Session (HB1610)","type":"statute","url":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT387.pdf","why":"Clarified that ectopic-pregnancy removal, miscarriage management, and treatment to preserve the unborn child's health are not 'abortions.'"},{"name":"Arkansas Department of Health Rule 36 — Abortion Procedures","citation":"007.33.22 Ark. Code R. 012","type":"regulation","url":"https://www.law.cornell.edu/regulations/arkansas/007-33-22-Ark-Code-R-012","why":"Implements the 72-hour waiting period, ultrasound requirement, and informed-consent procedures at the regulatory level."}],"research_notes":{"overall_confidence":"high","editor_notes":"Before publication, verify (1) the codified text of Act 387 of 2025 in the official Arkansas Code, (2) the current docket in the Pulaski County Circuit Court Amplify Legal challenge, (3) the status of any 2026 abortion-related ballot initiative, (4) whether any new enforcement actions have been brought under the trigger ban, and (5) the specific citation for the Arkansas D&E ban at § 20-16-1801. The secondary-source confirmation of method bans should be supplemented with direct statutory citation. EMTALA preemption analysis should be updated based on the status of federal EMTALA guidance and pending litigation as of the publication date.","gaps":["The specific statutory citation for Arkansas's D&E ('dismemberment abortion') ban was not directly verified in the 2024 code; secondary sources confirm its existence at § 20-16-1801 et seq. but the exact text was not pulled.","The procedural posture of the 2026 Amplify Legal challenge is evolving rapidly; the docket should be checked for any new rulings after May 2026.","The Arkansas 2025 code edition codifying Act 387 of 2025 was not available for verification; all quotes from Act 387 were from the enrolled bill PDF, not the codified version.","No reported enforcement actions against in-state pharmacists or clinical staff for abortion-related offenses were found; the practical enforcement risk assessment is based on statutory interpretation rather than case law.","The interaction between FDA preemption of state abortion-pill-mailing bans and Arkansas's § 20-16-1504(b) has not been litigated in Arkansas courts."]}}