Arkansas Abortion Law: Criminal, Civil, and Reporting Impacts
Examines how Arkansas abortion laws shape legal risks, professional duties, and reporting obligations across multiple sectors.
Arkansas has enacted some of the country’s most stringent abortion laws, culminating in a near-total ban triggered by the Supreme Court’s 2022 decision overturning Roe v. Wade. These laws significantly affect patients, healthcare providers, and legal professionals navigating the state’s complex requirements.
Criminal Offenses
The legal landscape for abortion in Arkansas changed dramatically after the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization. This decision activated Act 180 of 2019, the “Arkansas Human Life Protection Act,” which prohibits nearly all abortions. The state attorney general certified the law on June 24, 2022, making it effective immediately.1Arkansas Attorney General. Act 180 of 2019 Certification
Under this law (Arkansas Code section 5-61-304), performing or attempting to perform an abortion is a felony. An abortion is broadly defined as using any means with the intent to terminate a pregnancy, knowing it will likely cause the death of the “unborn child” (defined as a human organism from fertilization to live birth).2Justia Law. Arkansas Code § 5-61-303 – Definitions The ban applies at all stages of pregnancy, with a single exception: an abortion is permitted if performed by a physician to save the pregnant woman’s life in a medical emergency. The law specifies that the procedure must be performed in a licensed hospital, and the physician must make reasonable efforts to preserve the lives of both the woman and the fetus.
Crucially, the law targets only the individual performing or attempting the abortion. State law explicitly prevents charging a woman with a crime related to the termination of her own pregnancy.
Civil Liability
While Arkansas’s primary abortion law focuses on criminal penalties—like fines and imprisonment for the person performing the procedure—it does not explicitly create a new basis for civil lawsuits related to abortions performed illegally under this statute.
However, other state laws, enacted before the current near-total ban, address civil liability in specific abortion-related situations. For example, Arkansas Code section 20-16-811 allows lawsuits for damages if consent was required but not obtained for a minor’s abortion.3Justia Law. Arkansas Code § 20-16-811 – Penalty This section could also potentially support a wrongful death claim. Another law, section 20-16-2508, outlines potential civil penalties related to abortions performed due to genetic anomalies, though it bars penalties against the woman herself. The interaction between the current comprehensive ban and these older, more specific civil liability statutes presents legal complexities that have yet to be fully tested in court.
Disciplinary Actions
Performing or attempting an abortion in violation of Arkansas’s ban carries professional consequences in addition to criminal charges. The law itself (Arkansas Code section 5-61-304) states that such a violation constitutes “unprofessional conduct.”
This designation empowers state licensing boards, like the Arkansas State Medical Board and the Arkansas State Board of Nursing, to discipline licensees. These boards regulate professional conduct to protect public health. State laws governing these boards typically list grounds for disciplinary action, including felony convictions or unprofessional conduct.4Justia Law. Arkansas Code § 17-87-309 – Disciplinary Actions Because the abortion ban defines performing an illegal abortion as both a felony and unprofessional conduct, it directly triggers the boards’ authority.
Following an investigation and hearing, potential disciplinary actions can range from a formal reprimand, probation, or practice limitations to the suspension or revocation of a professional license. This ensures that healthcare professionals face potential loss of licensure for violating the state’s abortion law.
Mandatory Reporting
Arkansas law includes specific, limited requirements for reporting related to abortions, but does not mandate general reporting of suspected illegal abortions performed in violation of the state ban (Arkansas Code section 5-61-304).
The main reporting duty falls on physicians and healthcare facilities. Under Arkansas Code section 20-16-608, they must report to the Arkansas Department of Health any abortions performed legally under the narrow life-of-the-mother exception. Separately, section 20-16-605 requires physicians and facilities to report diagnosed or treated “abortion complications” to the health department, focusing on adverse health outcomes rather than the procedure’s legality. State law does not appear to compel reporting to law enforcement about residents who obtain abortions out-of-state or self-manage an abortion.
The state’s broader mandatory reporting system focuses primarily on child maltreatment under the Child Maltreatment Act. This law requires professionals like healthcare workers and educators to report suspected child abuse or neglect to the Child Abuse Hotline.5Justia Law. Arkansas Code § 12-18-401 – Mandated Reporters Generally However, the act defines a “child” as someone under 18, and “maltreatment” pertains to actions against living children. While the abortion ban uses the term “unborn child,” this definition doesn’t automatically trigger reporting duties under the Child Maltreatment Act, which centers on post-birth welfare.
Similarly, laws requiring reports of suspected abuse, neglect, or exploitation of endangered or impaired adults do not apply to the act of performing an illegal abortion.6Arkansas Department of Human Services. Mandated Reporters of Adult Maltreatment While citizens are generally expected to cooperate with law enforcement, Arkansas does not have a statute broadly requiring citizens to report any felony they witness, including an illegal abortion, outside the specific contexts of child or vulnerable adult protection or laws against hindering prosecution. Therefore, existing mandatory reporting structures are tied to specific vulnerable groups or events, not violations of the abortion ban itself.
