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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