Code of Alabama

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26-23E-4
Section 26-23E-4 Physician requirements. (a) Only a physician may perform an abortion. (b)
During and after an abortion procedure performed at an abortion or reproductive health center,
a physician must remain on the premises until all patients are discharged. The discharge order
must be signed by the physician. Prior to discharge from the facility, the patient shall be
provided with the name and telephone number of the physician who will provide care in the
event of complications, and the name of the medications given at the abortion clinic. (c)
Every physician referenced in this section shall have staff privileges at an acute care hospital
within the same standard metropolitan statistical area as the facility is located that permit
him or her to perform dilation and curettage, laparotomy procedures, hysterectomy, and any
other procedures reasonably necessary to treat abortion-related complications. (Act 2013-79,
p. 165, §4.)...
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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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26-23E-5
Section 26-23E-5 Nursing care. At all times during procedures in an abortion or reproductive
health center, nursing care shall be under the supervision of a registered professional nurse
currently licensed in Alabama. At least one registered professional nurse shall be on duty
to provide or supervise all nursing care of patients in preparation for and during the abortion
procedure, during the recovery period, and through the initial discharge by the attending
physician. Other nursing service personnel shall remain on duty as required to meet the needs
of each patient. (Act 2013-79, p. 165, §5.)...
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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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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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22-18-6
Section 22-18-6 Violations; good Samaritan provisions; scope of privilege; control of emergency
scene; penalties. (a) It shall be a Class A misdemeanor for any person, firm, company, corporation,
organization, facility, or agency to do any of the following: (1) Deliberately hinder, obstruct,
or interfere with an officer, inspector, or duly authorized agent of the board while in the
performance of official duties. (2) Deliberately hinder, obstruct, or interfere with any physician,
licensed nurse, licensed EMSP, or emergency personnel exempt from licensure under this article
while that individual is providing emergency care to a third person or while that individual
is assisting at the scene of an emergency, directing traffic at the scene of an emergency,
or managing or helping to manage the scene of an emergency. (3) Violate subsection (c) or
(d). (4) Offer, provide, or perform, without a license or certificate to do so, an emergency
medical service or other function which, under this...
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22-11A-63
Section 22-11A-63 Investigation by State Health Officer. (a) Upon notification of the existence
of an infected health care worker, the State Health Officer shall undertake an investigation
of the practice of the health care worker. In the investigation, the State Health Officer
shall seek advice of individuals and organizations deemed necessary. The investigation shall
determine if the infected health care worker performs invasive procedures. If the health care
worker is determined not to perform invasive procedures, no review panel shall be established,
no restrictions shall be placed on his or her practice, and all information obtained in the
investigation shall be confidential as provided for in Section 22-11A-69. If the infected
health care worker is determined to perform invasive procedures, the State Health Officer
shall cause an expert review panel to be formed. To the extent possible, the review shall
be conducted so that the identity of the health care worker shall not be...
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26-23E-12
Section 26-23E-12 Violations. (a) Any person other than a physician who performs or attempts
to perform an abortion, including the prescription, dispensing, or administration of abortion-inducing
drug, shall be guilty of a Class C felony. (b) Any person who prescribes, dispenses, or administers
an abortion-inducing drug without first examining the patient in person shall be guilty of
a Class C felony. (c) The administrator of an abortion or reproductive health center who knowingly
and willfully permits the facility to be operated in a manner that violates Section 26-23E-4,
Section 26-23E-5, Section 26-23E-6, or Section 26-23E-7 shall be guilty of a Class C felony.
(d) The administrator of an abortion or reproductive health center who knowingly and willfully
violates subsection (b) of Section 26-23E-10 shall be guilty of a Class A misdemeanor. (Act
2013-79, p. 165, §12.)...
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26-23E-2
Section 26-23E-2 Legislative findings. The Legislature finds all of the following: (1) That
the percentage of abortion or reproductive health centers that have been subject to adverse
licensure action vastly exceeds the percentage of facilities in any other category that have
similarly been subject to adverse licensure actions. This alarming level of regulatory non-compliance
among abortion and reproductive health centers in Alabama puts abortion patients at unreasonable
risk. (2) At abortion or reproductive health centers, patients are often treated in a manner
inconsistent with a traditional physician/patient relationship. (3) Abortion or reproductive
health centers are not operated in the same manner as ambulatory surgical treatment centers
or physician offices. (4) Abortion involves not only a surgical procedure with the usual risks
attending surgery, but also involves the taking of human life. (5) Abortion is a highly personal
and very sensitive procedure which results in stress...
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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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