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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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26-23H-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-3
Section 26-23B-3 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) ABORTION. The use or prescription of any instrument, medicine,
drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant
with an intention other than to increase the probability of a live birth, to preserve the
life or health of the child after live birth, or to remove a dead unborn child who died as
the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant
woman or her unborn child, and which causes the premature termination of the pregnancy. (2)
ATTEMPT TO PERFORM OR INDUCE AN ABORTION. An act, or an omission of a statutorily required
act, that, under the circumstances as the actor believes them to be, constitutes a substantial
step in a course of conduct planned to culminate in the performance or induction of an abortion
in this state in violation of this chapter. (3) FERTILIZATION. The...
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26-22-3
Section 26-22-3 Prohibition, exceptions, and regulations. (a) Prohibition. Except as provided
in subsection (b), no person shall intentionally, knowingly, or recklessly perform or induce
an abortion when the unborn child is viable. (b) Exceptions. (1) It shall not be a
violation of subsection (a) if an abortion is performed by a physician and that physician
reasonably believes that it is necessary to prevent either the death of the pregnant woman
or the substantial and irreversible impairment of a major bodily function of the woman. No
abortion shall be deemed authorized under this paragraph if performed on the basis
of a claim or a diagnosis that the woman will engage in conduct which would result in her
death or in substantial and irreversible impairment of a major bodily function. (2) It shall
not be a violation of subsection (a) if the abortion is performed by a physician and
that physician reasonably believes, after making a determination of the viability of the unborn
child in...
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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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26-23B-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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26-23F-3
Section 26-23F-3 Definitions. For the purpose of this chapter, the following words and phrases
shall have the following meanings: (1) ABORTION. The use or prescription of any instrument,
medicine, drug, or any other substance or device with the intent to terminate the pregnancy
of a woman known to be pregnant with knowledge that the termination by those means will with
reasonable likelihood cause the death of the unborn child. Such use or prescription is not
an abortion if done with the intent to save the life or preserve the health of an unborn
child, remove a dead unborn child, or to deliver the unborn child prematurely in order to
preserve the health of both the mother (pregnant woman) and her unborn child. The term "abortion"
as used in this chapter, does not include a procedure or act to terminate the pregnancy of
a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the
pregnancy of a woman when the unborn child has a lethal anomaly. (2) BODILY...
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22-9A-13
prepare and file the report. (2) When the induced termination of pregnancy is performed outside
an institution, the physician in attendance shall prepare and file the report. (3) Beginning
January 1, 2012, the Office of Vital Statistics shall collect the following information for
all induced terminations of pregnancies in addition to information already collected; provided,
that the definition of induced termination of pregnancy in Section 22-9A-1(5) shall be construed
to include every abortion as defined in Section 26-23B-3(1). a. Postfertilization age:
1. If a determination of probable postfertilization age was made, whether ultrasound was employed
in making the determination, and the week of probable postfertilization age determined. 2.
If a determination of probable postfertilization age was not made, the basis of the determination
that a medical emergency existed. b. Method of abortion: Which of the following was
employed: 1. Medication abortion (such as, but not limited to,...
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