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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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26-23A-7
Section 26-23A-7 Abortions to be performed by physician. Only a physician may perform an abortion.
(Act 2002-419, p. 1074, §7.)...
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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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26-21-3
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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26-23H-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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26-23G-2
Section 26-23G-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABORTION. The same as defined in Section 26-21-2. (2) ATTEMPT
TO PERFORM AN ABORTION. a. To do or omit to do anything that, under the circumstances
as the actor believes them to be, is an act or omission constituting a substantial step in
a course of conduct planned to culminate in the actor performing an abortion. Such
substantial steps include, but are not limited to, any of the following: 1. Agreeing with
an individual to perform an abortion on that individual or on some other individual,
whether or not the term abortion is used in the agreement, and whether or not the agreement
is contingent on another factor, such as receipt of payment or a determination of pregnancy.
2. Scheduling or planning a time to perform an abortion on an individual, whether or
not the term abortion is used, and whether or not the performance is contingent on
another factor, such as...
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26-23B-5
Section 26-23B-5 Abortion prohibited where postfertilization age of unborn child at
least 20 weeks; exception. (a) No person shall perform or induce or attempt to perform or
induce an abortion upon a woman when it has been determined, by the physician performing
or inducing or attempting to perform or induce the abortion or by another physician
upon whose determination that physician relies, that the probable postfertilization age of
the unborn child of the woman is 20 or more weeks unless, in reasonable medical judgment,
the woman has a condition which so complicates her medical condition as to necessitate the
abortion of her pregnancy to avert her death or to avert serious risk of substantial
and irreversible physical impairment of a major bodily function, not including psychological
or emotional conditions. No such condition shall be deemed to exist if it is based on a claim
or diagnosis that the woman will engage in conduct which she intends to result in her death
or in substantial...
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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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26-23G-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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26-23B-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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