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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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13A-6-1
Section 13A-6-1 Definitions. (a) As used in Article 1 and Article 2, the following terms shall
have the meanings ascribed to them by this section: (1) CRIMINAL HOMICIDE. Murder, manslaughter,
or criminally negligent homicide. (2) HOMICIDE. A person commits criminal homicide if he intentionally,
knowingly, recklessly or with criminal negligence causes the death of another person. (3)
PERSON. The term, when referring to the victim of a criminal homicide or assault, means a
human being, including an unborn child in utero at any stage of development, regardless of
viability. (b) Article 1 or Article 2 shall not apply to the death or injury to an unborn
child alleged to be caused by medication or medical care or treatment provided to a pregnant
woman when performed by a physician or other licensed health care provider. Mistake, or unintentional
error on the part of a licensed physician or other licensed health care provider or his or
her employee or agent or any person acting on behalf of...
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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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26-21-3
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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26-23A-6
Section 26-23A-6 Availability of information in video format; ultrasound image. (a) All facilities
where abortions are performed and all facilities of physicians who refer for abortion shall
have video viewing equipment. The video that may be shown to those who want to see it shall
be identified by title, updated from time to time by the Department of Public Health, and
shall be objective, non-judgmental, and designed to convey accurate scientific and medical
information, and shall contain at a minimum, the information required in subdivisions (3),
(4), (5), (6), and (7) of subsection (a) of Section 26-23A-5. (b) All facilities where abortions
are performed and all facilities of physicians who refer for abortion shall have ultrasound
equipment. An ultrasound shall be performed on each unborn child before an abortion is performed.
(c) The Department of Public Health shall develop a signature form for verifying that she
has received the complete information as described in Section...
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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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26-22-3
Section 26-22-3 Prohibition, exceptions, and regulations. (a) Prohibition. Except as provided
in subsection (b), no person shall intentionally, knowingly, or recklessly perform or induce
an abortion when the unborn child is viable. (b) Exceptions. (1) It shall not be a violation
of subsection (a) if an abortion is performed by a physician and that physician reasonably
believes that it 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. No abortion shall be
deemed authorized under this paragraph if performed on the basis of a claim or a diagnosis
that the woman will engage in conduct which would result in her death or in substantial and
irreversible impairment of a major bodily function. (2) It shall not be a violation of subsection
(a) if the abortion is performed by a physician and that physician reasonably believes, after
making a determination of the viability of the unborn child in...
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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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26-21-4
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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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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