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26-23F-5
Section 26-23F-5 Sale or other disposition of bodily remains of unborn infant. (a)(1) No person
shall knowingly accept compensation or payment for the sale, transfer, distribution, acceptance,
use, or attempted use of the fetal organs, tissue, or bodily remains of a deceased unborn
infant for research, therapy, transplantation, or experimentation. (2) No institution, 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....
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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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26-23F-3
Section 26-23F-3 Definitions. For the purpose of this chapter, the following words and phrases
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. (2) BODILY...
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26-23F-10
Section 26-23F-10 Exceptions under Revised Uniform Anatomical Gift Act. Sections 26-23F-5,
26-23F-6, and 26-23F-7 shall not apply to a physician, doctor, or other person working with
and under the direction of a physician or doctor, who in good faith believes that a deceased
unborn infant, bodily remains, fetal remains, or fetal tissue were donated in accordance with
the Revised Uniform Anatomical Gift Act. (Act 2016-140, §10.)...
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26-23F-2
Section 26-23F-2 Legislative findings; purpose. (a) The Legislature of the State of Alabama
finds and declares that: (1) Deceased unborn infants deserve the same respect and dignity
as other human beings. (2) The laws of this state do not ensure that deceased unborn infants
receive proper burials or final disposition. (3) Alabama does not specifically prohibit the
sale or transfer of bodily remains of deceased unborn infants for compensation. (4) The dignity
and value of life, especially the lives of children, born or unborn, has been and continues
to be a public policy and often sacred concern of the highest order for the people of this
state. (b) Based on the findings in subsection (a), the purposes of this chapter are to: (1)
Allow parents of deceased unborn infants to provide a dignified final disposition of the bodily
remains of these infants. (2) Prohibit the sale or other unlawful disposition of the bodily
remains of a deceased unborn infant, or the exchange of any compensation...
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22-19-161
assistant by the State Board of Medical Examiners to remove or process a part. (35) "Technician"
means an individual determined to be qualified to remove or process parts by an appropriate
organization that is licensed, accredited, or regulated under federal or state law. The term
includes an enucleator. (36) "Tissue" means a portion of the human body other than
an organ or an eye. The term does not include blood unless the blood is donated for the purpose
of research or education. (37) "Tissue bank" means a person that is licensed, accredited,
or regulated under federal or state law to engage in the recovery, screening, testing, processing,
storage, or distribution of tissue. (38) "Transplant hospital" means a hospital
that furnishes organ transplants and other medical and surgical specialty services required
for the care of transplant patients. (39) "Will" means a disposition of real and
personal property to take effect after the death of a testator. (Act 2008-453, p. 867,
§1.)...
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22-19-173
Section 22-19-173 Rights and duties of procurement organization and others. (a) When a hospital
refers an individual at or near death to a procurement organization, the organization shall
make a reasonable search of the records of the Alabama State Law Enforcement Agency and any
donor registry that it knows exists for the geographical area in which the individual resides
to ascertain whether the individual has made an anatomical gift. (b) A procurement organization
must be allowed reasonable access to information in the records of the Alabama State Law Enforcement
Agency to ascertain whether an individual at or near death is a donor. (c) When a hospital
refers an individual at or near death to a procurement organization, the organization may
conduct any reasonable examination necessary to ensure the medical suitability of a part that
is or could be the subject of an anatomical gift for transplantation, therapy, research, or
education from a donor or a prospective donor. During the...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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26-22-3
the abortion certifies in writing that, based upon his or her medical examination of the pregnant
woman and his or her medical judgment, the abortion is necessary to prevent either the death
of the pregnant woman or serious risk of substantial and irreversible impairment of a major
bodily function. (2) The physician's judgment with respect to the necessity for the abortion
has been concurred in by one other licensed physician who certifies in writing that, based
upon his or her separate personal medical examination of the pregnant woman and his
or her medical judgment, 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.
(3) The abortion is performed in a hospital. (4) The physician terminates the pregnancy in
a manner which provides the best opportunity for the unborn child to survive, unless the physician
determines, in his or her good faith medical judgment, that...
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