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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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26-23H-2
Section 26-23H-2 Legislative Findings. (a) This state's statute criminalizing abortion, Section
13A-13-7, has never been repealed. It has remained unenforceable as a result of the U.S. Supreme
Court decision in Roe v. Wade, 410 U.S. 113 (1973) and its progeny, which struck down as unconstitutional
a Texas statute criminalizing abortion and which effectively repealed by implication and made
unenforceable all other state statutes criminalizing abortion. (b) On November 6, 2018, electors
in this state approved by a majority vote a constitutional amendment to the Constitution of
Alabama of 1901 declaring and affirming the public policy of the state to recognize and support
the sanctity of unborn life and the rights of unborn children. The amendment made it clear
that the Constitution of Alabama of 1901 does not include a right to an abortion or require
the funding of abortions using public funds. (c) In present state law, Section 13A-6-1 defines
a person for homicide purposes to include an...
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26-23D-1
Section 26-23D-1 Ectopic pregnancy. (a) For the purposes of this section, the term ectopic
pregnancy means any pregnancy resulting from a fertilized egg that has implanted or attached
outside the uterus. The term also includes a pregnancy resulting from a fertilized egg implanted
inside the cornu of the uterus. (b) The term abortion, when used in the Code of Alabama 1975,
or in the Alabama Administrative Code, shall not be construed to include any procedure to
terminate an ectopic pregnancy, unless the statutory provision or rule expressly states that
it is intended to apply to a procedure to terminate an ectopic pregnancy. (c) The requirement
of Section 26-23B-4, for a physician to make a determination of the probable post-fertilization
age of the unborn child prior to an abortion shall apply only to abortion procedures. The
requirements of Section 22-9A-13, for reporting fetal deaths and pregnancy terminations shall
be construed to require a report of the probable post-fertilization...
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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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26-23A-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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26-23B-2
Section 26-23B-2 Legislative findings. The Legislature makes all of the following findings:
(1) Pain receptors (nociceptors) are present throughout the unborn child's entire body by
no later than 16 weeks after fertilization and nerves link these receptors to the brain's
thalamus and subcortical plate by no later than 20 weeks. (2) By eight weeks after fertilization,
the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that
would be recognized as painful if applied to an adult human, for example by recoiling. (3)
For the purposes of surgery on unborn children, fetal anesthesia is routinely administered
and is associated with a decrease in stress hormones compared to their level when painful
stimuli is applied without such anesthesia. (4) In the unborn child, application of such painful
stimuli is associated with significant increases in stress hormones known as the stress response.
(5) Subjection to such painful stimuli is associated with long-term...
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26-21-1
Section 26-21-1 Legislative purpose and findings. (a) It is the intent of the Legislature in
enacting this parental consent provision to further the important and compelling state interests
of: (1) protecting minors against their own immaturity, (2) fostering the family structure
and preserving it as a viable social unit, and (3) protecting the rights of parents to rear
children who are members of their household. (b) The Legislature finds as fact that: (1) immature
minors often lack the ability to make fully informed choices that take account of both immediate
and long-range consequences, (2) the medical, emotional, and psychological consequences of
abortion are serious and can be lasting, particularly when the patient is immature, (3) the
capacity to become pregnant and the capacity for mature judgment concerning the wisdom of
an abortion are not necessarily related, (4) parents ordinarily possess information essential
to a physician's exercise of his or her best medical judgment...
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13A-13-4
Section 13A-13-4 Nonsupport. (a) A man or woman commits the crime of nonsupport if he or she
intentionally fails to provide support which that person is able to provide and which that
person knows he or she is legally obligated to provide to a dependent spouse or child less
than 19 years of age. (b) "Support" includes but is not limited to food, shelter,
clothing, medical attention and other necessary care, as determined elsewhere by law. (c)
"Child" includes a child born out of wedlock whose paternity has been admitted by
the actor or has been established in a civil suit. (d) Nonsupport is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §7025.)...
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26-10-22
Section 26-10-22 Definitions. As used in this article, the following words shall have the following
meanings unless the context indicates otherwise: (1) ADOPTION SUBSIDY. A money payment, services,
deferred payment, or any combination thereof that is provided to a child with special needs
or circumstances after submission of an application to the department. (2) AGENCY. The department
or a child welfare agency which is authorized in its license issued by the department to place
children for adoption. (3) APPLICATION. The submission to the department of a complete application
as defined by the department with documentation of the child's special needs. (4) CHILD. An
individual under 19 years of age, or an individual 19 or 20 years of age and eligible for
Title IV-E Federal Funding, who is: a. in the care or custody, or both, of the department,
or a public or voluntary licensed child-placing agency, b. legally free for adoption and c.
in special need or circumstances because he or she is...
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