§ 20-16-1103 - Unborn child pain awareness information.
20-16-1103. Unborn child pain awareness information.
Except in the case of a medical emergency:
(1) At least twenty-four (24) hours before an abortion is performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female by telephone or in person:
(A) She has the right to review the printed materials described in 20-16-1105;
(B) These materials are available on a state-sponsored website; and
(C) What the website address is;
(2) The physician or the physician's agent shall orally inform the pregnant female that:
(A) The materials have been provided by the State of Arkansas; and
(B) They contain information on pain in relation to the unborn child;
(3) If the pregnant female chooses to view the materials other than on the website, the materials shall either:
(A) Be given to her at least twenty-four (24) hours before the abortion; or
(B) Mailed to her at least seventy-two (72) hours before the abortion by certified mail, restricted delivery to addressee, so that the postal employee may deliver the mail only to the pregnant female;
(4) If provisions are made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her, the information required by this section may be provided by a tape recording;
(5) The pregnant female shall certify in writing before the abortion that:
(A) The information described in subdivision (1) of this section has been furnished her; and
(B) She has been informed of her opportunity to review the printed materials described in 20-16-1105; and
(6) Before the abortion is performed, the physician who is to perform the abortion or the physician's agent shall:
(A) Obtain a copy of the written certification required under subdivision (5) of this section; and
(B) Retain it on file with the female's medical record for at least three (3) years following the date of receipt.