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22-8A-11
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient
followed; persons who may serve as surrogate; priority; validity of decisions; liability;
form; declaratory and injunctive relief; penalties. (a) If no advance directive for health
care has been made, or if no duly appointed health care proxy is reasonably available, or
if a valid advance directive for health care fails to address a particular circumstance, subject
to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending
physician, may, subject to the provisions of Section 22-8A-6, determine whether to provide,
withdraw, or withhold life-sustaining treatment or artificially provided nutrition and hydration
if all of the following conditions are met: (1) The attending physician determines, to a reasonable
degree of medical certainty, that: a. The individual is no longer able to understand, appreciate,
and direct his or her medical treatment, and b. The individual...
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22-8A-7
Section 22-8A-7 Competency of declarant; liability of participating physician, facility, etc.
(a) A competent adult may make decisions regarding life-sustaining treatment and artificially
provided nutrition and hydration so long as that individual is able to do so. The desires
of an individual shall at all times supersede the effect of an advance directive for health
care. (b) If the individual is not competent at the time of the decision to provide, withhold,
or withdraw life-sustaining treatment or artificially provided nutrition and hydration, a
living will executed in accordance with Section 22-8A-4(a) or a proxy designation executed
in accordance with Section 22-8A-4(b) is presumed to be valid. For the purpose of this chapter,
a health care provider may presume in the absence of actual notice to the contrary that an
individual who executed an advance directive for health care was competent when it was executed.
The fact of an individual's having executed an advance directive for...
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22-8A-3
Section 22-8A-3 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. Any person
19 years of age or over. (2) ARTIFICIALLY PROVIDED NUTRITION AND HYDRATION. A medical treatment
consisting of the administration of food and water through a tube or intravenous line, where
the recipient is not required to chew or swallow voluntarily. Artificially provided nutrition
and hydration does not include assisted feeding, such as spoon or bottle feeding. (3) ADVANCE
DIRECTIVE FOR HEALTH CARE. A writing executed in accordance with Section 22-8A-4 which may
include a living will, the appointment of a health care proxy, or both such living will and
appointment of a health care proxy. (4) ATTENDING PHYSICIAN. The physician selected by, or
assigned to, the patient who has primary responsibility for the treatment and care of the
patient. (5) CARDIOPULMONARY CESSATION. A lack of pulse or...
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22-8A-2
Section 22-8A-2 Legislative intent. The Legislature finds that competent adult persons have
the right to control the decisions relating to the rendering of their own medical care, including,
without limitation, the decision to have medical procedures, life-sustaining treatment, and
artificially provided nutrition and hydration provided, withheld, or withdrawn in instances
of terminal conditions and permanent unconsciousness. In order that the rights of individuals
may be respected even after they are no longer able to participate actively in decisions about
themselves, the Legislature hereby declares that the laws of this state shall recognize the
right of a competent adult person to make a written declaration instructing his or her physician
to provide, withhold, or withdraw life-sustaining treatment and artificially provided nutrition
and hydration or designate by lawful written form a health care proxy to make decisions on
behalf of the adult person concerning the providing,...
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26-1A-404
Death Act, if in the opinion of the principal's attending physician the principal is no longer
able to give directions to health care providers. Subject to the express limitation on the
authority of the attorney in fact contained in the durable power of attorney, the attorney
in fact may make any health care decision on behalf of the principal that the principal could
make but for the lack of capacity of the principal to make a decision, but not including psychosurgery,
sterilization, abortion when not necessary to preserve the life of the principal, or
involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power
of attorney executed pursuant to this section may be revoked by written revocation signed
and dated by the principal or person acting at the direction of the principal, or being obliterated,
burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel
or by a verbal expression of intent to revoke made in the...
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22-8A-4
Section 22-8A-4 Advance Directive for Health Care; living will and health care proxy. (a) Any
competent adult may execute a living will directing the providing, withholding, or withdrawal
of life-sustaining treatment and artificially provided nutrition and hydration. Artificially
provided nutrition and hydration shall not be withdrawn or withheld pursuant to the living
will unless specifically authorized therein. (b) A competent adult may execute at any time
a living will that includes a written health care proxy designation appointing another competent
adult to make decisions regarding the providing, withholding, or withdrawal of life-sustaining
treatment and artificially provided nutrition and hydration. Artificially provided nutrition
and hydration shall not be withdrawn or withheld pursuant to the proxy designation unless
specifically authorized therein. A proxy designation made pursuant to this section shall be
accepted in writing by the individual being appointed. The acceptance...
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26-1-2
Death Act, if in the opinion of the principal's attending physician the principal is no longer
able to give directions to health care providers. Subject to the express limitation on the
authority of the attorney in fact contained in the durable power of attorney, the attorney
in fact may make any health care decision on behalf of the principal that the principal could
make but for the lack of capacity of the principal to make a decision, but not including psychosurgery,
sterilization, abortion when not necessary to preserve the life of the principal, or
involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power
of attorney executed pursuant to this section may be revoked by written revocation signed
and dated by the principal or person acting at the direction of the principal, or being obliterated,
burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel
or by a verbal expression of intent to revoke made in the...
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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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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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22-8B-3
Section 22-8B-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) AID IN DYING. The act of a person providing the means or manner for another
person to be able to commit suicide, with actual knowledge that the person deliberately intends
on committing suicide by that means or manner. (2) ARTIFICIALLY PROVIDED NUTRITIONAL HYDRATION.
A medical treatment consisting of the administration of food and water through a tube or intravenous
line, where the recipient is not required to chew or swallow voluntarily. Artificially provided
nutrition and hydration does not include assisted feeding, such as spoon or bottle feeding.
(3) DELIBERATELY. More than knowing the consequences of an act or action; meaning to consider
carefully; done on purpose; intentional; requiring premeditation; with intent to cause the
death of a person. (4) HEALTH CARE PROVIDER. Any individual who may be asked to participate
in any way in a health care service, including, but...
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