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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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26-21-7
Section 26-21-7 Nonliability of physician for claims arising out of disclosure of information;
nondisclosure of information regarding abortion pursuant to court order; physician has no
duty to secure waiver. (a) No physician who complies with the parental consent requirements
of this chapter shall be liable in any manner to the minor upon whom the abortion was performed
for any claim whatsoever arising out of or based on the disclosure of any information concerning
the medical condition of such minor to her parent, parents, or legal guardian. Notwithstanding
the foregoing, a physician who performs an abortion pursuant to a court order obtained under
this chapter, shall not disclose any information regarding same to the parent, parents, or
legal guardian of the minor unless such disclosure is made pursuant to a court order. In no
event shall the physician be under any duty to initiate proceedings in any court to secure
a waiver of the parental consent requirement on behalf of any minor...
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34-19-19
Section 34-19-19 Liability of physician, health care provider, or hospital. No physician, other
health care provider, or hospital shall be civilly or criminally liable for any act or omission
or advice, care, or service provided by an individual practicing midwifery outside of a hospital
or resulting from the choice of a woman to give birth to a child outside of a hospital, provided
the midwife is not employed to practice midwifery by the physician, health care provider,
or hospital or is not practicing midwifery as an employee, member, or shareholder of a business
entity in which the physician, health care provider, or hospital participates by way of receiving
monetary or non-cash income and has actual knowledge of the midwife's status as an employee,
partner, member, or shareholder of the business entity. (Act 2017-383, §2.)...
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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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22-21B-4
Section 22-21B-4 Participation in a health care service that violates the conscience of health
care provider; written objection; liability. (a) A health care provider has the right not
to participate, and no health care provider shall be required to participate, in a health
care service that violates his or her conscience when the health care provider has objected
in writing prior to being asked to provide such health care services. (b) When objecting in
writing in accordance with this chapter, no health care provider shall be civilly, criminally,
or administratively liable for declining to participate in a health care service that violates
his or her conscience except when failure to do so would immediately endanger the life of
a patient. (c) It shall be unlawful for any person, health care provider, health care institution,
public or private institution, public official, or any board which certifies competency in
medical or health care specialties to discriminate against any health...
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22-8A-7
Section 22-8A-7 Competency of declarant; liability of participating physician, facility, etc.
(a) A competent adult may make decisions regarding life-sustaining treatment and artificially
provided nutrition and hydration so long as that individual is able to do so. The desires
of an individual shall at all times supersede the effect of an advance directive for health
care. (b) If the individual is not competent at the time of the decision to provide, withhold,
or withdraw life-sustaining treatment or artificially provided nutrition and hydration, a
living will executed in accordance with Section 22-8A-4(a) or a proxy designation executed
in accordance with Section 22-8A-4(b) is presumed to be valid. For the purpose of this chapter,
a health care provider may presume in the absence of actual notice to the contrary that an
individual who executed an advance directive for health care was competent when it was executed.
The fact of an individual's having executed an advance directive for...
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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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26-1A-404
Section 26-1A-404 Health care powers of attorney executed on or after January 1, 2012. (a)
This section applies to a power of attorney for health care decisions executed on or after
January 1, 2012. (b) A durable power of attorney is a power of attorney by which a principal
designates another his or her attorney in fact or agent in writing and the writing contains
the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (c)(1) A principal may
designate under a durable power of attorney an individual who shall be empowered to make health
care decisions on behalf of the principal, in the manner set forth in the Natural Death Act,...
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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27-55-3
Section 27-55-3 Prohibited practices; disclosure of information. (a) No insurer may: (1) Deny,
refuse to issue, renew, or reissue, cancel, or otherwise terminate, restrict, or exclude coverage
on an insurance policy or health benefit plan on the basis of an applicant's or insured's
abuse status, or on the basis of any association, relationship, or assistance to a subject
of abuse. (2) Exclude or limit coverage for a loss, deny benefits, or deny a claim on the
basis of the insured's abuse status, or on the basis of any association, relationship, or
assistance to a subject of abuse, except as otherwise permitted or required by the laws of
this state relating to acts of abuse committed by a life insurance beneficiary. Notwithstanding
anything to the contrary in this section, a liability insurer may include policy provisions
providing that a payment required by this subsection may be denied or, if paid, recovered
by the insurer from the insured, if the claim arose out of an act of abuse by...
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