Ark. Code Ann. § 12-18-108 (2026)

1. 1. A physician who performs an abortion on a child who is less than seventeen (17) years of age at the time of the abortion shall preserve under this subchapter fetal tissue extracted during the abortion in accordance with rules adopted by the office of the State Crime Laboratory.
   2. Before submitting the tissue under subdivision (a)(1) of this section, the physician shall redact protected health information as required under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
   3. The physician or the reporting medical facility shall contact the law enforcement agency in the jurisdiction where the child resides.
2. The State Crime Laboratory shall adopt rules prescribing:
   1. The amount and type of fetal tissue to be preserved under this section;
   2. Procedures for the proper preservation of the tissue for the purpose of DNA testing and examination;
   3. Procedures for documenting the chain of custody of the tissue for use as evidence;
   4. Procedures for proper disposal of fetal tissue preserved under this section;
   5. A uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name and address of the physician submitting the fetal tissue and the name and complete address of residence of the parent or legal guardian of the child upon whom the abortion was performed; and
   6. Procedures for communication with law enforcement agencies regarding evidence and information obtained under this section.
3. Failure of a physician to comply with this section or any rule adopted under this section shall constitute unprofessional conduct under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

History. Acts 2013, No. 725, § 5; 2017, No. 1018, § 1.

A.C.R.C. Notes. Acts 2013, No. 725, § 1, provided: “Findings and purposes.

“(a) The General Assembly finds that:

“(1) Children are increasingly being preyed upon, victimized, and coerced into illegal sexual relationships by adults;

“(2) The Child Maltreatment Act, § 12-18-101 et seq., requires caretakers, healthcare facilities, healthcare providers, teachers, and other specified individuals to report suspected incidents of sexual crimes against children;

“(3) The physical, emotional, developmental, and psychological impact of sexual crimes on child victims can be severe and long-lasting;

“(4) The societal costs of these crimes are also significant and affect the entire populace;

“(5) The collection, maintenance, and preservation of evidence, including forensic tissue samples, furthers Arkansas's interest in protecting children from sexual crimes and provides the state with the tools necessary for successful investigations and prosecutions;

“(6) Parents and guardians have both the right and responsibility to be involved in medical treatment decisions involving their children, and no one has the right to knowingly or willfully impede or circumvent this right;

“(7)(A) There are documented cases of individuals other than a parent or guardian aiding, abetting, and assisting minor girls to procure abortions without their parents' or guardians' knowledge, consent, or involvement.

“(B) These activities of individuals other than a parent or guardian include transporting children across state lines to avoid Arkansas's parental involvement requirements for abortion; and

“(8) Such actions violate both the sanctity of the familial relationship and Arkansas's parental involvement law concerning abortion.

“(b) The General Assembly's purposes in enacting the Child Maltreatment Act are to further the important and compelling state interests of:

“(1) Protecting children from sexually predatory adults;

“(2) Ensuring that adults who are involved in illegal sexual relationships or contact with children are reported, investigated, and, when warranted, prosecuted;

“(3)(A) Relieving medical professionals and other mandatory reporters of suspected sexual crimes against children from any responsibility to personally investigate an allegation or suspicion.

“(B) Mandatory reporters must simply report allegations, suspicions, and pertinent facts.

“(C) Trained law enforcement or social services personnel are responsible for any investigation and for the ultimate disposition of the allegation or case;

“(4) Reducing the physical, emotional, developmental, and psychological impact of sexual crimes on child victims;

“(5) Reducing the societal and economic burden on the populace that results from sexual crimes against children;

“(6) Providing law enforcement officials with the tools and evidence necessary to investigate and prosecute child predators; and

“(7) Protecting and respecting the right of parents and guardians to be involved in the medical decisions and treatment of their children and preventing anyone from knowingly or willfully subverting or circumventing these rights.”

Amendments. The 2017 amendment substituted “seventeen (17)” for “fourteen (14)” in (a)(1).