§ 20-17-802 - Fetal remains resulting from abortion. - Arkansas Statutes

20-17-802. Fetal remains resulting from abortion.

(a) Any physician who performs an abortion shall ensure that the fetal remains and all parts thereof are disposed of in a fashion similar to that in which other tissue is disposed.

(b) (1) No person shall perform any biomedical or behavioral research on a fetus born alive as the result of a legal abortion unless the research is for the exclusive benefit of the fetus so born.

(2) No person shall perform any biomedical or behavioral research on any fetus born dead as the result of a legal abortion or on any fetal tissue produced by the abortion without permission of the mother.

(c) No person shall buy, sell, give, exchange, or barter or offer to buy, sell, give, exchange, or barter any fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.

(d) No person shall possess either a fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.

(e) This section shall not apply to:

(1) A physician performing a legal abortion or a pathologist performing a pathological examination as the result of a legal abortion and shall not apply to an employee, agent, or servant of such a physician or pathologist;

(2) The staff, faculty, students, or governing body of any institution of higher learning or institution of secondary education to the extent of courses of instruction taught and research conducted at the institutions;

(3) Licensed physicians or their employees, agents, and servants while in the conduct of medical research; or

(4) Any licensed physician when performing a standard autopsy examination.

(f) Any person violating this section shall be guilty of a Class A misdemeanor.