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12-15-323
Section 12-15-323 Appeals of dependency and termination of parental rights cases. Appeals relating
to dependency and termination of parental rights cases shall take priority over other cases
filed on appeal except for emergency matters, including appeals from denial of waiver of parental
consent for abortion. (Act 2008-277, p. 441, §20.)...
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22-9A-13
prepare and file the report. (2) When the induced termination of pregnancy is performed outside
an institution, the physician in attendance shall prepare and file the report. (3) Beginning
January 1, 2012, the Office of Vital Statistics shall collect the following information for
all induced terminations of pregnancies in addition to information already collected; provided,
that the definition of induced termination of pregnancy in Section 22-9A-1(5) shall be construed
to include every abortion as defined in Section 26-23B-3(1). a. Postfertilization age:
1. If a determination of probable postfertilization age was made, whether ultrasound was employed
in making the determination, and the week of probable postfertilization age determined. 2.
If a determination of probable postfertilization age was not made, the basis of the determination
that a medical emergency existed. b. Method of abortion: Which of the following was
employed: 1. Medication abortion (such as, but not limited to,...
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26-23A-5
developing child at each of the two-week gestational increments, a clear description of the
unborn child's development, any relevant information on the possibility of the unborn child's
survival, and dimensions of the unborn child. The materials shall be realistic, clear, objective,
non-judgmental, and designed to convey only accurate scientific information about the unborn
child at the various gestational ages. (4) The materials shall contain objective information
describing the methods of abortion procedures commonly employed and the medical risks
of each, and the medical risks associated with carrying a child to term. (5) The printed materials
shall list the support obligations of the father of a child who is born alive. (6) The printed
materials shall state that it is unlawful for any individual to coerce a woman to undergo
an abortion, that any physician who performs an abortion upon a woman without
her informed consent may be liable to her for damages in a civil action at law....
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26-23F-6
Section 26-23F-6 Violations. (a) Except as provided in subsection (b), any person who knowingly
violates any provision of Section 26-23F-5 shall be guilty of a Class D felony for each violation.
(b) Any person who experiments on a living unborn infant or the bodily remains of a deceased
unborn infant, experiments upon an unborn infant who is intended to be aborted, or performs
or offers to perform an abortion where part or all of the justification or reason for
the abortion is that the bodily remains may be used for research or experimentation
in violation of Section 26-23F-5 shall be guilty of a Class C felony. (Act 2016-140, §6.)...
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22-21-20
Section 22-21-20 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) HOSPITALS. General and specialized
hospitals, including ancillary services; independent clinical laboratories; rehabilitation
centers; ambulatory surgical treatment facilities for patients not requiring hospitalization;
end stage renal disease treatment and transplant centers, including free-standing hemodialysis
units; abortion or reproductive health centers; hospices; health maintenance organizations;
and other related health care institutions when such institution is primarily engaged in offering
to the public generally, facilities and services for the diagnosis and/or treatment of injury,
deformity, disease, surgical or obstetrical care. Also included within the term are long term
care facilities such as, but not limited to, skilled nursing facilities, intermediate care
facilities, assisted living facilities, and specialty...
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26-23A-9
Section 26-23A-9 Violations. (a) Any person who intentionally, knowingly, or recklessly violates
this chapter is guilty on a first offense of a Class B misdemeanor, on a second offense of
a Class A misdemeanor, and on a third or subsequent offense of a Class C felony. (b) After
two convictions within a 12-month period of any person or persons at a specific abortion
or reproductive health center, the license of such center shall be suspended for a period
of 24 months and may be reinstated after that time only on conditions as the Department of
Public Health requires to assure compliance with this chapter. (Act 2002-419, p. 1074, §9.)...
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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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26-23F-5
entity, or individual shall knowingly provide any compensation or payment to any other person,
organization, or entity for the removal, transfer, storage, processing, preservation, quality
control, implantation, transportation, distribution, disposal, or other manner of disposition
of the bodily remains of a deceased unborn infant for research, therapy, transplantation,
experimentation, or any other prohibited purpose under this chapter. (b) No person shall knowingly
aid or abet in any prohibited activity under subsection (a). (c) No person shall use an unborn
infant, living or deceased, in research or experimentation. Nothing in this section shall
affect the use described herein pursuant to the Revised Uniform Anatomical Gift Act. (d) No
person shall perform or offer to perform an abortion where part or all of the justification
or reason for the abortion is that the bodily remains may be used for research, therapy,
transplantation, or experimentation. (Act 2016-140, §5.)...
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26-23F-7
common law of this state, violation of any provision of Section 26-23F-5 shall: (1) Provide
a basis for recovery in a civil action for the parent or parents of the infant or the parent,
parents, or guardian of the mother, if the mother is a minor, for experimentation upon bodily
remains. Any relief awarded shall include: a. Money damages for all psychological injuries
occasioned by any violation of this chapter. b. Statutory damages equal to three times the
cost of the mother's delivery or abortion. (2) Provide a basis for professional disciplinary
action by regulatory bodies for the suspension or revocation of any license for physicians,
licensed vocational and registered nurses, or other licensed or regulated health care providers.
(b) Any conviction of any health care provider for any failure to comply with the requirements
of this chapter shall result in the automatic suspension of his or her license for a period
of at least one year and the license shall be reinstated after that...
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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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