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26-23A-5
Section 26-23A-5 Publication of required materials. (a) The Department of Public Health shall
publish within 180 days after October 14, 2002, and shall update on an annual basis, the following
easily comprehensible printed materials: (1) Geographically indexed printed materials designed
to inform the woman of public and private agencies and services available to provide medical
and financial assistance to a woman through pregnancy, prenatal care, upon childbirth, and
while her child is dependent. The materials shall include a comprehensive list of the agencies,
a description of the services offered, and the telephone numbers and addresses of the agencies.
(2) The printed materials shall include a list of adoption agencies geographically indexed
and that the law permits adoptive parents to pay the cost of prenatal care, childbirth, and
neonatal care. (3) Printed materials that inform the pregnant woman of the probable anatomical
and physiological characteristics of the unborn child at...
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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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26-23F-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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26-22-4
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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26-23A-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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26-23B-7
Section 26-23B-7 Civil remedies. (a) Any woman upon whom an abortion has been performed or
induced in violation of this chapter, or the father of the unborn child who was the subject
of such an abortion, may maintain an action against the person who performed or induced the
abortion in intentional, knowing, or reckless violation of this chapter for actual and punitive
damages. Any woman upon whom an abortion has been attempted in violation of this chapter may
maintain an action against the person who attempted to perform the abortion in intentional,
knowing, or reckless violation of this chapter for actual damages. (b) A cause of action for
injunctive relief against any person who has intentionally, knowingly, or recklessly violated
this chapter and Section 22-9A-13 may be maintained by the woman upon whom an abortion was
performed or induced or attempted to be performed or induced in violation of this chapter,
by any person who is the spouse, parent, sibling, or guardian of, or a...
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26-23E-7
Section 26-23E-7 Prescription of abortion-inducing drugs. Only a physician may give, sell,
dispense, administer, or otherwise prescribe an abortion-inducing drug. Because the failure
and complications from medical abortion increase with advancing gestational age, because the
physical symptoms of medical abortion can be identical to the symptoms of ectopic pregnancy,
and because abortion-inducing drugs do not treat ectopic pregnancies but rather are contraindicated
in ectopic pregnancies, the physician giving, selling, dispensing, administering, or otherwise
providing or prescribing the abortion-inducing drug must first examine the pregnant woman
in person and document, in the woman's medical chart, the gestational age and intrauterine
location of the pregnancy prior to giving, selling, dispensing, administering, or otherwise
providing or prescribing the abortion-inducing drug. (Act 2013-79, p. 165, §7.)...
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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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26-23A-10
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the common
or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction
under this chapter shall be admissible in a civil suit as prima facie evidence of a failure
to obtain an informed consent or parental or judicial consent. The civil action may be based
on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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