26-21-2
Section 26-21-2 Definitions. For purposes of this chapter, the following definitions shall apply: (1) MINOR. Any person under the age of 18 years; (2) EMANCIPATED MINOR. Any minor who is or has been married or has by court order otherwise been legally freed from the care, custody, and control of her parents; (3) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child. The term "abortion" as used herein does not include a procedure or act to terminate the pregnancy of...
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26-21-1
compelling state interests of: (1) protecting minors against their own immaturity, (2) fostering the family structure and preserving it as a viable social unit, and (3) protecting the rights of parents to rear children who are members of their household. (b) The Legislature finds as fact that: (1) immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences, (2) the medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature, (3) the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related, (4) parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the child, and (5) parents who are aware that their minor daughter has had an abortion may better insure that she receives adequate medical attention after...
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26-23A-4
Section 26-23A-4 Voluntary and informed consent required for abortion. Except in the case of a medical emergency, no abortion shall be performed or induced without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if: (a) At least 48 hours before the abortion, the physician who is to perform the abortion, the referring physician, or a qualified person has informed and provided the woman in person, or by return receipt certified mail restricted delivery, and if by mail, again in person prior to the abortion, a copy of the printed materials in Section 26-23A-5 which list agencies that offer assistance, adoption agencies, development of the unborn child, methods and risks of abortion and childbirth, father's obligations, and alternatives to abortion. Mailing of the materials in Section 26-23A-5 may be arranged by telephone. (b) Prior...
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45-37-60.07
Section 45-37-60.07 Duty to investigate certain deaths. Pursuant to rules and regulations promulgated by the Coroner-Medical Examiners' Commission, it shall be the duty of the chief and associate coroner-medical examiners to review or investigate and determine, the cause and manner of any death, when such death may fall within one or more of the following categories subject to the commission's power to change the categories: (1) Criminal violence or criminal neglect. (2) Criminal abortion. (3) When a body is to be cremated, dissected, or buried at sea. (4) Unclaimed bodies. (5) When a dead body is brought into this state without proper medical certification. (6) Accident, when requested by surviving spouse, if any, or next of kin. (7) Unexpected death while under anesthesia or within 24 hours following anesthesia, or any other diagnostic or therapeutic procedure with the written permission of the surviving spouse or next of kin. (8) In any prison or penal institution. (9) When in...
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26-23E-16
Section 26-23E-16 Construction of chapter. (a) Nothing in this chapter shall be construed as creating or recognizing a right to abortion. (b) It is not the intention of this chapter to make lawful an abortion that is currently unlawful. (c) The provisions of this chapter shall be construed in pari materia with other statutes governing abortions. (d) Nothing in this chapter shall be construed to modify, supersede, or constructively repeal any provisions of the Alabama Medical Liability Act of 1987, the Alabama Medical Liability Act of 1996, or any amendments thereto. (Act 2013-79, p. 165, §16.)...
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26-23E-14
Section 26-23E-14 Adverse licensure action. (a) The failure of any physician, nurse practitioner, physician assistant, registered professional nurse, or licensed practical nurse to conform to the requirements of this chapter or any rule or regulation adopted under provision of this chapter may be grounds for adverse licensure action, up to and including license revocation. (b) Any abortion or reproductive health center that is found to have provided an abortion, in a manner that violates this chapter or any rule or regulation adopted under the provision of this chapter, may be subject to adverse licensure action, up to and including license revocation. (Act 2013-79, p. 165, §14.)...
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26-23E-13
Section 26-23E-13 Civil action for damages. Any person who can demonstrate personal injury, including physical injury, emotional distress, or mental anguish, where such injury has resulted from the failure of an abortion or reproductive health center to conform to the requirements of this chapter, may maintain a civil action for damages against the abortion or reproductive health center and against the administrator of the facility. (Act 2013-79, p. 165, §13.)...
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26-23E-11
Section 26-23E-11 Promulgation of rules. The Board of Health shall publish amended rules for abortion and reproductive health care centers that are consistent with this chapter by December 28, 2013. Such rules shall take effect within the time frame required by the Alabama Administrative Procedure Act. (Act 2013-79, p. 165, §11.)...
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26-23E-10
Section 26-23E-10 Paternity inquiries of pregnant minor child; reporting requirements. (a) Any minor child under the age of 16 seeking an abortion from an abortion or reproductive health care facility shall be asked by the physician performing the abortion or his or her agent to state the name and age of the individual who is believed to be the father of the unborn child. While the minor child may refuse to provide the father's name and age, she should be encouraged to do so by the physician or agent consistent with the physician's legal obligation to reduce the incidence of child abuse when there is reason to suspect that it has occurred. (b) In addition to any other abuse reporting requirements that may apply to the staff of an abortion or reproductive health center, if the reported age of the father is two or more years greater than the age of the minor child, the facility shall report the names of the pregnant minor child and the father to both local law enforcement and the county...
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26-23E-9
Section 26-23E-9 Abortion or reproductive health center requiremetns. An abortion or reproductive health center shall be classified as ambulatory health care occupancy and shall meet all standards in the NFPA 101 Life Safety Code 2000 edition, or such standards in any later edition of the NFPA 101 Life Safety Code that the Board of Health may adopt for facilities classified as ambulatory health care occupancy. Not later than December 28, 2013, each licensed abortion or reproductive health center shall submit to the Department of Public Health architectural drawings and plans and sprinkler system plans and such other materials as may be required to show compliance or prospective compliance with the applicable life safety code. These shall be submitted and reviewed pursuant to the Board of Health Rules for Plan Review, including the payment of plan review fees. Not later than July 1, 2014, each abortion or reproductive health center shall obtain from the Department of Public Health a...
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