Arkansas Sex Discrimination by Abortion Prohibition Act (HB 1434)
This law was last updated on Jan 12, 2018
HB 1434 would prohibit a person from intentionally performing or attempting to perform an abortion with the knowledge that the pregnant patient is seeking the abortion solely on the basis of the sex of the fetus.
Prior to performing an abortion, the physician or other person performing the abortion would be required to ask the pregnant patient if they know the sex of the fetus.
If the pregnant patient knows the sex of the fetus, the physician or other person who is performing the abortion would be required to:
- inform the pregnant patient of the prohibition of abortion as a method of sex selection for children, and
- request the medical records of the pregnant patient relating directly to the entire pregnancy history of the patient.
Medical Records Mandate
The bill prohibits an abortion from being performed until “reasonable time and effort” is spent to obtain the medical records of the pregnant patient.
A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this provision would be guilty of a Class A misdemeanor, have his/her medical license suspended or revoked, and may also be enjoined from future abortion procedures.
A cause of action for injunctive relief against any physician or other person who has knowingly violated this provision may be maintained by:
- A person who is the spouse, parent, guardian, or current or former licensed health-care provider of the patient who receives or attempts to receive such an abortion;
- The Attorney General; or
- A prosecuting attorney with appropriate jurisdiction.
The injunction would prevent the physician or other person from performing further abortions in violation of this provision.
If passed, the law would take effect on January 1, 2018.
Passed the house on February 14, 2017, by a 79-3 vote.
Passed the senate on March 20, 2017, by a 30-3 vote.
House concurred final passage on March 22, 2017, by a 57-9 vote.
Signed by Gov. Asa Hutchinson (R) on March 29, 2019.
***U.S. District Court Judge Kristine Baker issued a preliminary injunction on July 28, 2017, blocking the state of Arkansas from enforcing four new abortion restrictions, including the “Medical Records Mandate in HB 1434.***