060-00-14 Ark. Code R. § 5

Current through Register Vol. 49, No. 6, June, 2024

Rule 060.00.14-005 - Regulation 36: Testing for Heartbeat in Unborn Children

A. A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat.

B. A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual according to standard medical practice, including the use of medical devices as determined by standard medical practice.

C. Tests performed pursuant to Ark. Code Ann.§ 20-16-1303(b)(1) shall be:

a. Based on standard medical practice for testing for the fetal heartbeat of an unborn human individual which testing includes an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual according to standard medical practice, including the use of medical devices as determined by standard medical practice;

b. A test for fetal heartbeat is not required in the case of a medical emergency; and

D. The physician shall obtain, based on available medical evidence, including testing and physical examination, the statistical probability of bringing an unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat.

E. If a heartbeat is detected during the test required pursuant to this Rule, the person performing the test shall inform the pregnant woman in writing:

a. That the unborn human individual that the pregnant woman is carrying possesses a heartbeat;

b. Of the statistical probability of bringing the unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat; and

c. If a heartbeat has been detected, the pregnant woman shall sign a form acknowledging the she has received the information required under Ark. Code Ann. § 20-16-1303(d).

060.00.14 Ark. Code R. § 005

5/20/2015