Code of Alabama

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26-23E-10
Section 26-23E-10 Paternity inquiries of pregnant minor child; reporting requirements. (a)
Any minor child under the age of 16 seeking an abortion from an abortion or reproductive health
care facility shall be asked by the physician performing the abortion or his or her agent
to state the name and age of the individual who is believed to be the father of the unborn
child. While the minor child may refuse to provide the father's name and age, she should be
encouraged to do so by the physician or agent consistent with the physician's legal obligation
to reduce the incidence of child abuse when there is reason to suspect that it has occurred.
(b) In addition to any other abuse reporting requirements that may apply to the staff of an
abortion or reproductive health center, if the reported age of the father is two or more years
greater than the age of the minor child, the facility shall report the names of the pregnant
minor child and the father to both local law enforcement and the county...
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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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26-23B-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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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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26-23A-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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26-23E-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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26-21-4
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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26-23C-2
Section 26-23C-2 Legislative findings. (a) The Legislature of the State of Alabama finds all
of the following: (1) Under the Patient Protection and Affordable Care Act, P.L. 111-148,
federal tax dollars, via affordability credits, subsidies provided to individuals between
150-400 percent of the federal poverty level, are routed to exchange participating health
insurance plans, including plans that provide coverage for abortions. (2) Federal funding
of insurance plans that provide abortions is an unprecedented change in federal abortion funding
policy. The Hyde Amendment, as passed each year in the Labor Health and Human Services Appropriations
bill, and the Federal Employee Health Benefits Program, FEHBP, prohibit federal funds from
subsidizing health insurance plans that provide abortions. Under this new law, however, exchange
participating health insurance plans that provide abortions can receive federal funds. (3)
The provision of federal funding for health insurance plans that...
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26-23C-3
Section 26-23C-3 Opt out of abortion coverage. (a) No abortion coverage may be provided by
a qualified health plan offered through an exchange created pursuant to P.L. 111-148 within
the State of Alabama. (b) This prohibition shall not apply to an abortion performed when the
life of the mother is endangered by a physical disorder, physical illness, or physical injury,
including a life-endangering physical condition caused by or arising from the pregnancy itself,
or when the pregnancy is the result of an act of rape or incest or any procedure to terminate
an ectopic pregnancy. (Act 2012-405, p. 1108, §3.)...
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22-6-8
Section 22-6-8 Revocation of eligibility of recipient upon determination of abuse, fraud, or
misuse of benefits; when eligibility may be restored; award of restricted status to pregnant
recipient whose eligibility has been revoked. (a) Upon determination by a utilization review
committee of the designated State Medicaid Agency that a Medicaid recipient has abused, defrauded,
or misused the benefits of the program said recipient shall immediately become ineligible
for Medicaid benefits. (b) Medicaid recipients whose eligibility has been revoked due to abuse,
fraud or other deliberate misuse of the program shall not be deemed eligible for future Medicaid
services for a period of not less than one year and until full restitution has been made to
the designated State Medicaid Agency. (c) When a Medicaid recipient, whose eligibility has
been revoked due to abuse, fraud, or other deliberate misuse of the program, reapplies for
coverage during the period of suspension due to pregnancy, the...
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