Code of Alabama

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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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26-23H-5
Section 26-23H-5 Liability. No woman upon whom an abortion is performed or attempted to be
performed shall be criminally or civilly liable. Furthermore, no physician confirming the
serious health risk to the child's mother shall be criminally or civilly liable for those
actions. (Act 2019-189, §5.)...
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34-23-1
Section 34-23-1 Definitions. For the purpose of this chapter, the following words and phrases
shall have the following meanings: (1) ASSOCIATION. The Alabama Pharmacy Association. (2)
BIOLOGICAL PRODUCT. Has the same meaning as the term as defined in 42 U.S.C. §262. (3) BOARD
or STATE BOARD. The Alabama State Board of Pharmacy. (4) CHEMICAL. Any substance of a medicinal
nature, whether simple or compound, obtained through the process of the science and art of
chemistry, whether of organic or inorganic origin. (5) DISPENSE. To sell, distribute, administer,
leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user
or his or her agent. (6) DRUGS. All medicinal substances, preparations, and devices recognized
by the United States Pharmacopoeia and National Formulary, or any revision thereof, and all
substances and preparations intended for external and internal use in the cure, diagnosis,
mitigation, treatment, or prevention of disease in man or animal...
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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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26-23C-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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20-3-2
Section 20-3-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ASSISTED LIVING FACILITY. An institution or facility licensed as an assisted
living facility under regulations of the State Board of Health. (2) CHARITABLE CLINIC. The
term includes an established free medical clinic as defined in subdivision (1) of Section
6-5-662 and any community health center provided for under the federal Public Health Service
Law. (3) CHARITABLE PATIENT. For purposes of this chapter, the term shall not include patients
who are eligible to receive drugs under the Alabama Medicaid Program or under any other prescription
drug program funded in whole or in part by the state. (4) DRUGS. All medicinal substances
and preparations recognized by the United States Pharmacopoeia and National Formulary, or
any revision thereof, and all substances and preparations intended for external and internal
use in the cure, diagnosis, mitigation, treatment, or prevention of...
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22-12C-1
Section 22-12C-1 Definitions. For the purpose of this chapter, the following words shall have
the following meanings unless the context clearly indicates otherwise: (1) LOCAL AGENCY. A
private, nonprofit health agency that provides program services in a designated area by written
agreement with the State Board of Health. (2) PARTICIPANT. A certified pregnant, postpartum,
or breastfeeding woman, infant, or a child who is receiving supplemental food or a food instrument
under the WIC Program. (3) PERSON. Any individual, partnership, limited partnership, corporation,
association, firm, trust, estate, or any other legal entity. (4) STATE BOARD OF HEALTH. The
State Department of Public Health. (5) VENDORS. The individual, partnership, limited partnership,
or corporation authorized by the State Board of Health. (6) WIC PROGRAM. The United States
Department of Agriculture Food and Nutrition Service Special Supplemental Food Program for
Women, Infants, and Children. (Acts 1993, No. 93-642, p....
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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-6-29
Section 13A-6-29 Administration of medication by owner, operator, or employee of child care
facility. (a) As used in this section, the following terms shall have the following meanings:
(1) MEDICALLY PRESCRIBED. In accordance with a physician's prescription or in accordance with
age-appropriate directions for the over-the-counter medication. (2) NEAR FATALITY. An act
that, as certified by a physician, places the child in serious or critical condition. (b)
There is established the crime of administration of medication by the owner, operator, or
employee of a child care facility with the intent to drug the child or alter the child's behavior
beyond what is medically prescribed or with the reckless disregard for the health, safety,
and welfare of the child. (c) A violation of subsection (b) is punishable as follows: (1)
A violation which does not cause or contributes to the death, near fatality, dismemberment,
or permanent disability of a child is a Class C felony. (2) A violation which...
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22-21B-3
Section 22-21B-3 Definitions. The following words and terms shall have the meanings ascribed
to them in this section, unless otherwise required by their respective context: (1) CONSCIENCE.
The religious, moral, or ethical principles held by a health care provider. (2) DISCRIMINATION.
Discrimination includes, but is not limited to: Hiring, termination, refusal of staff privileges,
refusal of board certification, demotion, loss of career specialty, reduction of wages or
benefits, adverse treatment in the terms and conditions of employment, refusal to award any
grant, contract, or other program, or refusal to provide residency training opportunities.
(3) HEALTH CARE PROVIDER. Any individual who may be asked to participate in any way in a health
care service, including, but not limited to: A physician, physician's assistant, nurse, nurse's
aide, medical assistant, hospital employee, clinic employee, nursing home employee, pharmacist,
researcher, medical or nursing school faculty, student,...
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