22-21B-6
Section 22-21B-6 Construction with abortion statutes. Nothing in this chapter shall
be construed to permit or require the violation of any Alabama statute, regulation, or other
provision of law that regulates or provides rights, duties, obligations, or limitations related
in any way to abortion. (Act 2017-189, §6.)...
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22-21B-3
including, but not limited to: A physician, physician's assistant, nurse, nurse's aide, medical
assistant, hospital employee, clinic employee, nursing home employee, pharmacist, researcher,
medical or nursing school faculty, student, or employee, counselor, social worker, or any
professional, paraprofessional, or any other person who furnishes or assists in the furnishing
of health care services. (4) HEALTH CARE SERVICE. Patient medical care, treatment or procedure
that is limited to abortion, human cloning, human embryonic stem cell research, and
sterilization, and is related to: Testing, diagnosis or prognosis, research, instruction,
prescribing, dispensing, or administering any device, drug, or medication, surgery, or any
other care or treatment rendered or provided by health care providers. Health care service
does not include notifying a member of a health care institution's management of a patient
inquiry about obtaining a health care service that a health care provider...
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22-21-35
Section 22-21-35 Licensure of abortion clinic or reproductive health center located
within 2,000 feet of a K-8 public school. (a) For the purposes of this section, the term public
school means kindergarten through grade 8, inclusive, of those educational institutions operated
under the auspices of the State Board of Education. (b) The Alabama Department of Public Health
may not issue or renew a health center license to an abortion clinic or reproductive
health center that performs abortions and is located within 2,000 feet of a K-8 public school.
(Act 2016-388, §1.)...
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26-23G-9
Section 26-23G-9 Construction of chapter. Nothing in this chapter shall be construed as creating
or recognizing a right to abortion, nor a right to a particular method of abortion.
(Act 2016-397, §9.)...
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26-23G-8
Section 26-23G-8 Anonymity of certain individuals in court proceedings. In every civil, criminal,
or administrative proceeding or action brought under this chapter, the court shall rule whether
the identity of any woman upon whom an abortion has been performed or attempted to
be performed shall be preserved from public disclosure if she does not give her consent to
such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon
determining that her anonymity should be preserved, shall issue orders to the parties, witnesses,
and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms
or hearing rooms to the extent necessary to safeguard her identity from public disclosure.
Each order shall be accompanied by specific written findings explaining why the anonymity
of the woman should be preserved, why the order is essential to that end, how the order is
narrowly tailored to serve that interest, and why no reasonable less...
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26-23G-6
Section 26-23G-6 Attorney fees. (a) If judgment is rendered in favor of the plaintiff in an
action described in Section 26-23G-4 or Section 26-23G-5, the court shall also render judgment
for reasonable attorney fees in favor of the plaintiff against the defendant. (b) If judgment
is rendered in favor of the defendant in an action described in Section 26-23G-4 or Section
26-23G-5, and the court finds that the plaintiff's suit was frivolous and brought in bad faith,
the court shall render judgment for reasonable attorney fees in favor of the defendant against
the plaintiff. (c) No attorney fees may be assessed against the woman upon whom an abortion
was performed or attempted to be performed except in accordance with subsection (b). (Act
2016-397, §6.)...
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26-23G-5
Section 26-23G-5 Civil damages. (a) A cause of action for civil damages against an individual
who has performed a dismemberment abortion in violation of Section 26-23G-3 may be
maintained by any of the following: (1) Any woman upon whom a dismemberment abortion
has been performed in violation of Section 26-23G-3. (2) The father of the unborn child, if
married to the woman at the time the dismemberment abortion was performed. (3) If the
woman had not attained the age of 18 years at the time of the dismemberment abortion
or has died as a result of the abortion, the maternal grandparents of the unborn child.
(b) No damages may be awarded a plaintiff if the pregnancy resulted from criminal conduct
of the plaintiff. (c) Damages awarded in such an action shall include all of the following:
(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment
abortion. (2) Statutory damages equal to three times the cost of the dismemberment
abortion. (Act 2016-397,...
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26-23G-4
Section 26-23G-4 Injunctive relief. (a) A cause of action for injunctive relief against an
individual who has performed or attempted to perform a dismemberment abortion in violation
of Section 26-23G-3 may be maintained by any of the following: (1) A woman upon whom a dismemberment
abortion was performed or attempted to be performed. (2) An individual who is the spouse,
parent, or guardian of, or a current or former licensed health care provider of, a woman upon
whom such a dismemberment abortion was performed or attempted to be performed. (3)
A prosecuting attorney with appropriate jurisdiction. (b) The injunction shall prevent the
defendant from performing or attempting to perform further dismemberment abortions in violation
of Section 26-23G-3. (Act 2016-397, §4.)...
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26-23G-3
Section 26-23G-3 Dismemberment abortion prohibited unless necessary to prevent serious
health risk to mother of unborn child. (a) Notwithstanding any other provision of law, it
shall be unlawful for any individual to purposely perform or attempt to perform a dismemberment
abortion and thereby kill an unborn child unless necessary to prevent serious health
risk to the unborn child's mother. (b) An individual accused in any proceeding of unlawful
conduct under subsection (a) may seek a hearing before the State Board of Medical Examiners
on whether the dismemberment abortion was necessary to prevent serious health risk
to the unborn child's mother. The findings of the board are admissible on that issue at any
trial in which such unlawful conduct is alleged. Upon a motion of the individual accused,
the court shall delay the beginning of the trial for not more than 30 days to permit the hearing
to take place. (c) No woman upon whom an abortion is performed or attempted to be performed
shall...
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26-23G-2
Section 26-23G-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABORTION. The same as defined in Section 26-21-2. (2) ATTEMPT
TO PERFORM AN ABORTION. a. To do or omit to do anything that, under the circumstances
as the actor believes them to be, is an act or omission constituting a substantial step in
a course of conduct planned to culminate in the actor performing an abortion. Such
substantial steps include, but are not limited to, any of the following: 1. Agreeing with
an individual to perform an abortion on that individual or on some other individual,
whether or not the term abortion is used in the agreement, and whether or not the agreement
is contingent on another factor, such as receipt of payment or a determination of pregnancy.
2. Scheduling or planning a time to perform an abortion on an individual, whether or
not the term abortion is used, and whether or not the performance is contingent on
another factor, such as...
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