Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H4/14/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1678
4
5 By: Representatives Long, Bentley, Breaux, A. Brown, M. Brown, C. Cooper, Crawford, McGrew,
6 Pilkington, Rose, Rye, Torres, Underwood, Womack
7 By: Senator J. Payton
8
9 For An Act To Be Entitled
10 AN ACT TO AMEND THE ABORTION-INDUCING DRUGS SAFETY
11 ACT TO INCREASE THE CRIMINAL PENALTIES AND CLARIFY
12 THE CIVIL PENALTIES; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO AMEND THE ABORTION-INDUCING DRUGS
17 SAFETY ACT TO INCREASE THE CRIMINAL
18 PENALTIES AND CLARIFY THE CIVIL
19 PENALTIES.
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code � 20-16-1506(a), concerning the criminal
24 penalties under the Abortion-Inducing Drugs Safety Act, is amended to read as
25 follows:
26 (a) A person who intentionally, knowingly, or recklessly violates a
27 provision of this subchapter is guilty of a Class A misdemeanor Class D
28 felony.
29
30 SECTION 2. Arkansas Code � 20-16-1506, concerning criminal penalties
31 for a violation of the Abortion-Inducing Drugs Safety Act, is amended to add
32 an additional subsection to read as follows:
33 (c) A licensed healthcare provider, pharmacist, or other individual or
34 entity that prescribes, authorizes, or approves the sale or delivery of
35 abortion-inducing drugs in violation of this subchapter is guilty of a Class
36 D felony and shall be fined fifty thousand dollars ($50,000) per violation.
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As Engrossed: H4/14/25 HB1678
1
2 SECTION 3. Arkansas Code � 20-16-1507 is amended to read as follows:
3 20-16-1507. Civil remedies and professional sanctions.
4 (a) In addition to whatever remedies are available under the common or
5 statutory law of this state, failure to comply with the requirements of this
6 subchapter shall provide a basis for:
7 (1) A civil malpractice action for actual and punitive damages;
8 (2) A professional disciplinary action under � 16-114-201 et
9 seq.; and
10 (3) Recovery for the woman's survivors for the wrongful death of
11 the woman under � 16-62-102.
12 (b) A woman upon whom a drug-induced abortion has been performed or
13 attempted in violation of this subchapter or the father of the unborn child
14 who was the subject of the drug-induced abortion performed or attempted in
15 violation of this subchapter may bring an action for actual and punitive
16 damages against the person or entity that purposely, knowingly, or recklessly
17 violates this subchapter.
18 (c) A cause of action against a person or entity that has purposely,
19 knowingly, or recklessly violated this subchapter may be maintained by:
20 (A) The woman upon whom a drug-induced abortion was
21 performed or induced or attempted to be performed or induced;
22 (B) The father of the unborn child who was the subject of
23 the drug-induced abortion or attempted drug-induced abortion;
24 (C) A person who is the spouse, parent, or guardian of the
25 woman upon whom a drug-induced abortion has been performed or induced or
26 attempted to be performed or induced;
27 (D) A prosecuting attorney with appropriate jurisdiction;
28 (E) The Attorney General; or
29 (F) Any resident of this state that receives a shipment of
30 abortion-inducing drugs for illegal purposes.
31 (d) Damages shall not be awarded to a plaintiff if the pregnancy
32 resulted from the plaintiff's criminal conduct.
33 (e) A violation of this subchapter is a deceptive and unconscionable
34 trade practice under the Deceptive Trade Practices Act, � 4-88-101 et seq.,
35 and is subject to the enforcement provisions of the Deceptive Trade Practices
36 Act, � 4-88-101 et seq.
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As Engrossed: H4/14/25 HB1678
1 (f) A civil liability may not be assessed against the pregnant woman
2 upon whom the drug-induced abortion is performed.
3 (e)(g) When requested, the court shall allow a woman to proceed using
4 solely her initials or a pseudonym and may close any proceedings in the case
5 and enter other protective orders to preserve the privacy of the woman upon
6 whom the drug-induced abortion was performed.
7 (d)(h) If judgment is rendered in favor of the plaintiff, the court
8 shall also render judgment for a reasonable attorney's fee in favor of the
9 plaintiff against the defendant.
10 (e)(i) If judgment is rendered in favor of the defendant and the court
11 finds that the plaintiff's suit was frivolous and brought in bad faith, the
12 court shall also render judgment for a reasonable attorney's fee in favor of
13 the defendant against the plaintiff.
14 (f)(j) Upon a finding of the Arkansas State Medical Board that a
15 physician failed to comply with the requirements of this subchapter, the
16 board shall revoke the physician's medical license.
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18 /s/Long
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3 04-14-2025 09:25:36 JMB223Every fact on this page links to its source, starting with the official bill record.