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Arkansas Human Heartbeat Protection Act (SB 134)
This law was last updated on Aug 13, 2013
Number
SB 134
Status
Blocked/Enjoined
Proposed
Jan 28, 2013
Sponsors
Co-sponsors: 38
Primary Sponsors: 2
Total Sponsors: 40
Full Bill Text
SUMMARY
SB 134 requires that an abortion provider attempt to detect a fetal heartbeat using “standard medical practice” prior to an abortion. An abortion is prohibited if a fetal heartbeat has been detected and if the fetus is 12 weeks’ or greater gestation except when: (1) the abortion is necessary to save the life of the patient; (2) the continuation of the pregnancy will result in the impairment of a major bodily function of the patient; (3) the abortion is necessary due to the existence of a lethal fetal disorder; or (4) the pregnancy was a result of rape or incest.
The bill specifies that an abortion provider shall use an abdominal ultrasound to detect a fetal heartbeat according to “standard medical practice, including the use of medical devices as determined by standard medical practice.”
Generally, an intrusive vaginal ultrasound is required to detect a fetal heartbeat, so the language in this bill—first specifying the use of an abdominal ultrasound, then requiring the use of medical devices as determined by “standard medical practice” may be a source of confusion for abortion providers attempting to comply with this bill. Notably, the heartbeat ban that Ohio attempted (and failed) to pass in 2013 (HB 248) specifically states that such examinations shall only be performed externally.
STATUS
The Arkansas House of Representatives overrode Gov. Beebe’s March 4, 2013 veto on March 5 and 6 to push this bill through the legislature.
On May 27, 2015, the Eighth Circuit Court of Appeals permanently blocked this bill. (See Edwards v. Beck.) A similar heartbeat ban in North Dakota is blocked. (See MKB Management, Inc. v. Burdick.)
People
Co-sponsor
- Randy Alexander
- Andy Mayberry
- Cecile Bledsoe
- Bryan King
- Nate Bell
- Charlotte Vining Douglas
- Denny Altes
- Robert E. Dale
- Andy Davis
- Gary Deffenbaugh
- Jim Dotson
- Joe Farrer
- Justin T. Harris
- Debra M. Hobbs
- David Meeks
- Gary Stubblefield
- Jon Woods
- Douglas House
- John K. Hutchison
- Andrea Lea
- Micah S. Neal
- Sue Scott
- Bruce Westerman
- Richard Womack
- Ronald Caldwell
- Alan Clark
- Jonathan Dismang
- Jane English
- Jake Files
- Jim Hendren
- Bart Hester
- Jimmy Hickey
- Bruce Holland
- Jeremy Hutchinson
- Missy Irvin
- Johnny Key
- David J. Sanders
- Eddie Joe Williams
Primary Sponsor
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