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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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26-22-4
Section 26-22-4 Viability testing. Except in the case of a medical emergency, prior to performing
an abortion upon a woman subsequent to her first 19 weeks of pregnancy, the physician shall
determine whether, in his or her good faith medical judgment, the child is viable. When the
physician has determined that a child is viable, he or she shall report the basis for his
or her determination that the abortion 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.
When the physician has determined that a child is not viable after the first 19 weeks of pregnancy,
he or she shall report the basis for such determination. (Acts 1997, No. 97-442, p. 746, §4.)...
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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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26-23H-3
Section 26-23H-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. The term does not include these activities if done with
the intent to save the life or preserve the health of an unborn child, remove a dead unborn
child, to deliver the unborn child prematurely to avoid a serious health risk to the unborn
child's mother, or to preserve the health of her unborn child. The term 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. (2) ECTOPIC PREGNANCY. Any pregnancy resulting from...
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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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26-23A-3
Section 26-23A-3 Definitions. For the purposes of this chapter, the following terms 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. 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
an unborn child prematurely in order to preserve the health of both the mother (pregnant woman)
and her unborn child. (2) CONCEPTION. The fusion of a human spermatozoon with a human ovum.
(3) EMANCIPATED MINOR. Any minor who is or has been married or has by court order otherwise
been legally freed from the care, custody, and control of her parents. (4) GESTATIONAL AGE.
The time that has elapsed since the first day of the woman's last menstrual period. (5) MEDICAL
EMERGENCY. That condition which, on the basis of the physician's...
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44-1-33
Section 44-1-33 Authorization of medical, psychiatric, surgical and dental treatment. (a) The
state youth services director or his delegate may authorize major surgery or medical treatment
to be performed upon any committed youth or general anesthetic to be administered to a committed
youth when it is deemed necessary by a licensed medical physician and approval by the parent
or guardian is acquired. If such approval is not given or the parent or guardian is unavailable
for two weeks, the director or his delegate may apply to the juvenile court in the county
where the child is confined for an order to undertake such surgery or treatment. A ruling
must be made within 24 hours by the said juvenile judge. (b) The state youth services director
or his delegate may authorize major surgery or medical treatment to be performed upon any
committed youth or general anesthetic to be administered to a committed youth when it is deemed
an emergency situation where a child has suffered serious injury...
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26-14-3
Section 26-14-3 Mandatory reporting. (a) All hospitals, clinics, sanitariums, doctors, physicians,
surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors,
podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers
and officials, peace officers, law enforcement officials, pharmacists, social workers, day
care workers or employees, mental health professionals, employees of public and private institutions
of postsecondary and higher education, members of the clergy as defined in Rule 505 of the
Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance
to any child, when the child is known or suspected to be a victim of child abuse or neglect,
shall be required to report orally, either by telephone or direct communication immediately,
and shall be followed by a written report, to a duly constituted authority. (b)(1) When an
initial report is made to a law enforcement official, the...
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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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6-5-542
Section 6-5-542 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) HEALTH CARE PROVIDER. A medical
practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other
health care provider as those terms are defined in Section 6-5-481. (2) STANDARD OF CARE.
The standard of care is that level of such reasonable care, skill, and diligence as other
similarly situated health care providers in the same general line of practice, ordinarily
have and exercise in like cases. A breach of the standard of care is the failure by a health
care provider to comply with the standard of care, which failure proximately causes personal
injury or wrongful death. This definition applies to all actions for injuries or damages or
wrongful death whether in contract or tort and whether based on intentional or unintentional
conduct. (3) FUTURE DAMAGES. Damages for future medical treatment, care,...
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