Bill > HB1076

This bill, enacted in Arkansas, establishes regulations for drug-induced abortions and outlines disciplinary actions for violations. It defines "abortion" broadly to include the termination of a pregnancy using drugs, medicines, or other substances with an intention other than to increase the probability of a live birth, preserve the life or health of the child after birth, or remove a dead unborn child. The bill specifically addresses "mifepristone," a drug commonly known as RU-486, and requires that its initial administration for an abortion must occur in the physical presence of the prescribing physician. Furthermore, physicians must make reasonable efforts to ensure patients return for a follow-up visit 12 to 18 days later to confirm the abortion's success and assess the patient's health, with these efforts documented in the patient's medical record. The bill clarifies that these regulations do not apply to telemedicine practices that do not involve drugs to induce abortion. Violations by a physician can lead to the revocation of their medical license by the Arkansas State Medical Board, though the woman undergoing the abortion or attempted abortion is not subject to penalties. The bill also creates civil causes of action, allowing the woman, the father of the unborn child (if married to the woman at the time), or a maternal grandparent to sue the person who performed the abortion for damages. Additionally, any citizen can petition a court to enjoin a healthcare professional who knowingly or recklessly violates the law from performing further abortions. The bill includes provisions for awarding attorney's fees and costs in these civil actions, and importantly, it states that a pregnant woman obtaining or possessing abortion-inducing drugs for her own pregnancy is not subject to these civil actions. The bill also addresses the preservation of anonymity for women involved in abortion cases, allowing courts to seal records and exclude individuals from proceedings if necessary to protect the woman's identity, provided specific legal findings are made. Finally, the bill explicitly states that it does not create or recognize a right to abortion.