Code of Alabama

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26-22-3
Section 26-22-3 Prohibition, exceptions, and regulations. (a) Prohibition. Except as provided
in subsection (b), no person shall intentionally, knowingly, or recklessly perform or induce
an abortion when the unborn child is viable. (b) Exceptions. (1) It shall not be a
violation of subsection (a) if an abortion is performed by a physician and that physician
reasonably believes that it is necessary to prevent either the death of the pregnant woman
or the substantial and irreversible impairment of a major bodily function of the woman. No
abortion shall be deemed authorized under this paragraph if performed on the basis
of a claim or a diagnosis that the woman will engage in conduct which would result in her
death or in substantial and irreversible impairment of a major bodily function. (2) It shall
not be a violation of subsection (a) if the abortion is performed by a physician and
that physician reasonably believes, after making a determination of the viability of the unborn
child in...
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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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26-23E-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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26-23C-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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22-21B-7
Section 22-21B-7 Abortion clinics; relation to other statutes. The provisions of this
chapter shall not apply to health care institutions or employers who are licensed by the State
Board of Health as abortion clinics. Further, nothing in this chapter shall modify,
amend, repeal, or supersede any provision of Section 6-5-333, or the "Alabama Medical
Liability Act of 1987" commencing with Section 6-5-540, or the Alabama Medical Liability
Act of 1996, commencing with Section 6-5-548, or any amendment to any of the foregoing, or
any judicial interpretation of any of the foregoing. (Act 2017-189, §7.)...
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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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26-23G-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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26-21-7
Section 26-21-7 Nonliability of physician for claims arising out of disclosure of information;
nondisclosure of information regarding abortion pursuant to court order; physician
has no duty to secure waiver. (a) No physician who complies with the parental consent requirements
of this chapter shall be liable in any manner to the minor upon whom the abortion was
performed for any claim whatsoever arising out of or based on the disclosure of any information
concerning the medical condition of such minor to her parent, parents, or legal guardian.
Notwithstanding the foregoing, a physician who performs an abortion pursuant to a court
order obtained under this chapter, shall not disclose any information regarding same to the
parent, parents, or legal guardian of the minor unless such disclosure is made pursuant to
a court order. In no event shall the physician be under any duty to initiate proceedings in
any court to secure a waiver of the parental consent requirement on behalf of any minor...

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26-23A-8
Section 26-23A-8 Medical emergency abortions. (a) Where a medical emergency compels the performance
of an abortion, the physician shall inform the woman, before the abortion if
possible, of the medical indications supporting his or her judgment that an abortion
is necessary to avert her death or to avert substantial and irreversible impairment of a major
bodily function. (b) The Department of Public Health shall develop a signature form for recording
the medical conditions associated with a medical emergency abortion. A signed copy
of the abortion, and the original copy retained in the woman's medical file for the
time required by law, but not less than four years. (Act 2002-419, p. 1074, §8.)...
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26-23B-3
Section 26-23B-3 Definitions. For purposes of 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 to terminate the pregnancy of a woman known to be pregnant
with an intention other than to increase the probability of a live birth, to preserve the
life or health of the child after live birth, or to remove a dead unborn child who died as
the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant
woman or her unborn child, and which causes the premature termination of the pregnancy. (2)
ATTEMPT TO PERFORM OR INDUCE AN ABORTION. An act, or an omission of a statutorily required
act, that, under the circumstances as the actor believes them to be, constitutes a substantial
step in a course of conduct planned to culminate in the performance or induction of an abortion
in this state in violation of this chapter. (3) FERTILIZATION. The...
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