Code of Alabama

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26-23E-8
Section 26-23E-8 Office-based procedure requirements. Physicians performing abortion
procedures in abortion or reproductive health centers shall conform to the rules for
office-based surgery of the Alabama State Board of Medical Examiners, shall meet the standards
prescribed in the rules for office-based procedures - moderate sedation/analgesia, and shall
meet all other requirements in those rules, including the recommended guidelines for follow-up
care, requirements for recovery area, assessment for discharge, reporting requirements, and
registration requirements. (Act 2013-79, p. 165, §8.)...
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26-23E-7
Section 26-23E-7 Prescription of abortion-inducing drugs. Only a physician may give,
sell, dispense, administer, or otherwise prescribe an abortion-inducing drug. Because
the failure and complications from medical abortion increase with advancing gestational
age, because the physical symptoms of medical abortion can be identical to the symptoms
of ectopic pregnancy, and because abortion-inducing drugs do not treat ectopic pregnancies
but rather are contraindicated in ectopic pregnancies, the physician giving, selling, dispensing,
administering, or otherwise providing or prescribing the abortion-inducing drug must
first examine the pregnant woman in person and document, in the woman's medical chart, the
gestational age and intrauterine location of the pregnancy prior to giving, selling, dispensing,
administering, or otherwise providing or prescribing the abortion-inducing drug. (Act
2013-79, p. 165, §7.)...
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26-23E-6
Section 26-23E-6 Patient care. All patient care in an abortion or reproductive health
center must be rendered in accordance with all applicable federal, state, and local laws,
State Board of Health rules, State Board of Medical Examiners rules, and current standards
of care, including all professional standards of practice. (Act 2013-79, p. 165, §6.)...

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26-23E-5
Section 26-23E-5 Nursing care. At all times during procedures in an abortion or reproductive
health center, nursing care shall be under the supervision of a registered professional nurse
currently licensed in Alabama. At least one registered professional nurse shall be on duty
to provide or supervise all nursing care of patients in preparation for and during the abortion
procedure, during the recovery period, and through the initial discharge by the attending
physician. Other nursing service personnel shall remain on duty as required to meet the needs
of each patient. (Act 2013-79, p. 165, §5.)...
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26-23E-4
Section 26-23E-4 Physician requirements. (a) Only a physician may perform an abortion.
(b) During and after an abortion procedure performed at an abortion or reproductive
health center, a physician must remain on the premises until all patients are discharged.
The discharge order must be signed by the physician. Prior to discharge from the facility,
the patient shall be provided with the name and telephone number of the physician who will
provide care in the event of complications, and the name of the medications given at the abortion
clinic. (c) Every physician referenced in this section shall have staff privileges at an acute
care hospital within the same standard metropolitan statistical area as the facility is located
that permit him or her to perform dilation and curettage, laparotomy procedures, hysterectomy,
and any other procedures reasonably necessary to treat abortion-related complications.
(Act 2013-79, p. 165, §4.)...
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26-23E-3
Section 26-23E-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) 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
in this chapter, does not include a procedure or act to terminate the pregnancy of a woman
with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy
of a woman when the unborn child has a lethal anomaly. For the purposes of this chapter,...

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26-23E-2
Section 26-23E-2 Legislative findings. The Legislature finds all of the following: (1) That
the percentage of abortion or reproductive health centers that have been subject to
adverse licensure action vastly exceeds the percentage of facilities in any other category
that have similarly been subject to adverse licensure actions. This alarming level of regulatory
non-compliance among abortion and reproductive health centers in Alabama puts abortion
patients at unreasonable risk. (2) At abortion or reproductive health centers, patients
are often treated in a manner inconsistent with a traditional physician/patient relationship.
(3) Abortion or reproductive health centers are not operated in the same manner as
ambulatory surgical treatment centers or physician offices. (4) Abortion involves not
only a surgical procedure with the usual risks attending surgery, but also involves the taking
of human life. (5) Abortion is a highly personal and very sensitive procedure which
results in stress...
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26-23C-4
Section 26-23C-4 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. (Act 2012-405, p. 1108, §4.)...

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26-23C-3
Section 26-23C-3 Opt out of abortion coverage. (a) No abortion coverage may be
provided by a qualified health plan offered through an exchange created pursuant to P.L. 111-148
within the State of Alabama. (b) This prohibition shall not apply to an abortion performed
when the life of the mother is endangered by a physical disorder, physical illness, or physical
injury, including a life-endangering physical condition caused by or arising from the pregnancy
itself, or when the pregnancy is the result of an act of rape or incest or any procedure to
terminate an ectopic pregnancy. (Act 2012-405, p. 1108, §3.)...
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26-23C-2
(a) The Legislature of the State of Alabama finds all of the following: (1) Under the Patient
Protection and Affordable Care Act, P.L. 111-148, federal tax dollars, via affordability credits,
subsidies provided to individuals between 150-400 percent of the federal poverty level, are
routed to exchange participating health insurance plans, including plans that provide coverage
for abortions. (2) Federal funding of insurance plans that provide abortions is an unprecedented
change in federal abortion funding policy. The Hyde Amendment, as passed each year
in the Labor Health and Human Services Appropriations bill, and the Federal Employee Health
Benefits Program, FEHBP, prohibit federal funds from subsidizing health insurance plans that
provide abortions. Under this new law, however, exchange participating health insurance plans
that provide abortions can receive federal funds. (3) The provision of federal funding for
health insurance plans that provide abortion coverage is nothing...
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