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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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26-23A-7
Section 26-23A-7 Abortions to be performed by physician. Only a physician may perform an abortion.
(Act 2002-419, p. 1074, §7.)...
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26-23E-12
Section 26-23E-12 Violations. (a) Any person other than a physician who performs or attempts
to perform an abortion, including the prescription, dispensing, or administration of abortion-inducing
drug, shall be guilty of a Class C felony. (b) Any person who prescribes, dispenses, or administers
an abortion-inducing drug without first examining the patient in person shall be guilty of
a Class C felony. (c) The administrator of an abortion or reproductive health center who knowingly
and willfully permits the facility to be operated in a manner that violates Section 26-23E-4,
Section 26-23E-5, Section 26-23E-6, or Section 26-23E-7 shall be guilty of a Class C felony.
(d) The administrator of an abortion or reproductive health center who knowingly and willfully
violates subsection (b) of Section 26-23E-10 shall be guilty of a Class A misdemeanor. (Act
2013-79, p. 165, §12.)...
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26-21-3
Section 26-21-3 Written consent of parent or guardian to performing abortion on unemancipated
minor; written statement where abortion to be performed on emancipated minor; waiver of consent
requirement; coercion; forms. (a) Except as otherwise provided in subsections (b) and (d)
of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform an abortion
upon an unemancipated minor unless the physician or his or her agents first obtain the written
consent of either parent or the legal guardian of the minor. (b) The physician who shall perform
the abortion or his or her agents shall obtain or be provided with the written consent from
either parent or legal guardian stating the names of the minor, parent, or legal guardian,
that he or she is informed that the minor desires an abortion and does consent to the abortion,
the date, and the consent shall be signed by either parent or legal guardian. The signatures
of the parents, parent, or legal guardian shall be affixed...
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26-23H-4
Section 26-23H-4 Abortion prohibited; exception. (a) It shall be unlawful for any person to
intentionally perform or attempt to perform an abortion except as provided for by subsection
(b). (b) An abortion shall be permitted if an attending physician licensed in Alabama determines
that an abortion is necessary in order to prevent a serious health risk to the unborn child's
mother. Except in the case of a medical emergency as defined herein, the physician's determination
shall be confirmed in writing by a second physician licensed in Alabama. The confirmation
shall occur within 180 days after the abortion is completed and shall be prima facie evidence
for a permitted abortion. (Act 2019-189, §4.)...
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26-23G-2
Section 26-23G-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABORTION. The same as defined in Section 26-21-2. (2) ATTEMPT
TO PERFORM AN ABORTION. a. To do or omit to do anything that, under the circumstances as the
actor believes them to be, is an act or omission constituting a substantial step in a course
of conduct planned to culminate in the actor performing an abortion. Such substantial steps
include, but are not limited to, any of the following: 1. Agreeing with an individual to perform
an abortion on that individual or on some other individual, whether or not the term abortion
is used in the agreement, and whether or not the agreement is contingent on another factor,
such as receipt of payment or a determination of pregnancy. 2. Scheduling or planning a time
to perform an abortion on an individual, whether or not the term abortion is used, and whether
or not the performance is contingent on another factor, such as...
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26-23B-5
Section 26-23B-5 Abortion prohibited where postfertilization age of unborn child at least 20
weeks; exception. (a) No person shall perform or induce or attempt to perform or induce an
abortion upon a woman when it has been determined, by the physician performing or inducing
or attempting to perform or induce the abortion or by another physician upon whose determination
that physician relies, that the probable postfertilization age of the unborn child of the
woman is 20 or more weeks unless, in reasonable medical judgment, the woman has a condition
which so complicates her medical condition as to necessitate the abortion of her pregnancy
to avert her death or to avert serious risk of substantial and irreversible physical impairment
of a major bodily function, not including psychological or emotional conditions. No such condition
shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage
in conduct which she intends to result in her death or in substantial...
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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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26-23G-3
Section 26-23G-3 Dismemberment abortion prohibited unless necessary to prevent serious health
risk to mother of unborn child. (a) Notwithstanding any other provision of law, it shall be
unlawful for any individual to purposely perform or attempt to perform a dismemberment abortion
and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn
child's mother. (b) An individual accused in any proceeding of unlawful conduct under subsection
(a) may seek a hearing before the State Board of Medical Examiners on whether the dismemberment
abortion was necessary to prevent serious health risk to the unborn child's mother. The findings
of the board are admissible on that issue at any trial in which such unlawful conduct is alleged.
Upon a motion of the individual accused, the court shall delay the beginning of the trial
for not more than 30 days to permit the hearing to take place. (c) No woman upon whom an abortion
is performed or attempted to be performed shall...
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26-23B-4
Section 26-23B-4 Determination of postfertilization age of unborn child. (a) Except in the
case of a medical emergency, no abortion shall be performed or induced or be attempted to
be performed or induced unless the physician performing or inducing the abortion has first
made a determination of the probable postfertilization age of the unborn child or relied upon
such a determination made by another physician. In making such a determination, the physician
shall make such inquiries of the woman and perform or cause to be performed such medical examinations
and tests as a reasonably prudent physician, knowledgeable about the case and the medical
conditions involved, would consider necessary to perform in making an accurate diagnosis with
respect to postfertilization age. (b) Failure by any physician to conform to any requirement
of this section constitutes unprofessional conduct. (Act 2011-672, p. 1784, §4.)...
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