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22-8-7
Section 22-8-7 Effect of minor's consent; liability of physicians, etc.; waiver of rights or
causes of action. (a) The consent of a minor who professes to be, but is not, a minor whose
consent alone is effective to medical, dental, health or mental health services shall be deemed
effective without the consent of the minor's parent or legal guardian if the physician or
other person relied in good faith upon the presentations of the minor. (b) Any physician or
other person who has relied in good faith upon the representations of any persons under any
of the provisions of this chapter or who acts in good faith under any of the provisions of
this chapter shall not be liable for not having consent. (c) No provision of this chapter
shall be interpreted to empower any minor, mental incompetent or any other person who is not
otherwise by law entitled to enter into a binding agreement to, expressly or impliedly, waive
any right or cause of action arising by virtue of any treatment or procedure...
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34-21-91
Section 34-21-91 Injunctive proceedings by boards against persons violating article. Both the
State Board of Medical Examiners and the Board of Nursing in addition to the powers and duties
otherwise expressed in this article, may commence and maintain in their own names in any circuit
court having jurisdiction of any person within this state who is unlawfully engaging in advanced
practice nursing as a certified registered nurse practitioner or a certified nurse midwife
action in the nature of quo warranto as provided for in Section 6-6-590, et seq., to order
the person to cease and desist from continuing to engage in these areas of advanced practice
nursing within the State of Alabama, and jurisdiction is conferred upon the circuit courts
of this state to hear and determine all such cases. The boards may commence and maintain such
actions without the filing of bond or security and without the order or direction of a circuit
judge. An injunction shall be issued upon proof that the...
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31-2-89
Section 31-2-89 Actions against members of military court, etc., as to sentences, warrants,
etc.; actions against officers or enlisted men for acts performed in line of duty; defense
of actions against present or former members of National Guard at state expense. No action
or proceedings shall be prosecuted or maintained against a member of a military court or officer
or person acting under its authority or reviewing its proceedings on account of the approval
or imposition or execution of any sentence or any warrant, writ, execution, process, or mandate
of a military court, nor shall any officer or enlisted man be liable to civil action or criminal
prosecution for any act done while in the discharge of his military duty, which act was done
in the line of duty. If a civil action shall be commenced in any court by any person against
any present or former member of the National Guard of this state for any act done by such
present or former member while on any duty under this chapter, or...
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6-6-590
Section 6-6-590 Right of action and venue - Vacating charter or annulling existence of corporation.
(a) An action may be commenced under this article, in the name of the state, against the offending
corporation, on the information of any person for the purpose of vacating the charter or annulling
the existence of any corporation, other than municipal, whenever such corporation: (1) Offends
against any of the acts creating, altering, or renewing such corporation; (2) Violates the
provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;
(3) Has forfeited its privileges or franchises by failure to exercise its powers; (4) Has
done or omitted any act which amounts to a surrender of its corporate rights, privileges,
and franchises; or (5) Exercises a franchise or privilege not conferred on it by law. (b)
The judge of the circuit court, whenever he believes that any of the acts or omissions specified
in subsection (a) of this section can be proved and it...
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38-6-5
Section 38-6-5 Persons eligible for medical assistance. Medical assistance for the aged shall
be payable under this chapter on behalf of any needy person who has attained the age of 65
years and who: (1) Has made application therefor in the manner prescribed by the State Department
of Human Resources; (2) Has been certified by the appropriate medical profession to be in
need of medical assistance under this chapter; (3) Has not sufficient income and resources
(including insurance, workers' compensation, etc.) to meet the cost of necessary medical services;
(4) Is a resident of the state; (5) Has not directly or indirectly disposed of or deprived
himself of any property for the purpose of qualifying for the benefits of this chapter; (6)
Is not receiving an old age pension. Medical assistance for the aged shall be payable under
this chapter on behalf of any person who is a patient of an institution, public or private,
where such payments are matchable under the provisions of the Federal...
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37-2-44
Section 37-2-44 Rights of action not waived; penalties cumulative. This chapter shall not release
or waive any right of action by the state, the commission or by any body politic, municipal
corporation, person or corporation for any right or penalty which may have arisen or accrued
or may hereafter arise or accrue under any law of this state. All penalties accruing under
this chapter shall be cumulative of each other, and an action for the recovery of one penalty
shall not be a bar to or affect the recovery of any other penalty or be a bar to any criminal
prosecution against any transportation company, or any officer, director, agent, or employee
thereof, or any other corporation or person. (Acts 1920, No. 42, p. 92; Code 1923, §9728;
Code 1940, T. 48, §161.)...
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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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6-12-1
Section 6-12-1 Legislative findings. The Legislature of Alabama finds as follows: (1) Cigarette
smoking presents serious public health concerns to the state and to the citizens of the state.
The Surgeon General has determined that smoking causes lung cancer, heart disease, and other
serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the
United States each year. These diseases most often do not appear until many years after the
person in question begins smoking. (2) Cigarette smoking also presents serious financial concerns
for the state. Under certain health care programs, the state may have a legal obligation to
provide medical assistance to eligible persons for health conditions associated with cigarette
smoking, and those persons may have a legal entitlement to receive such medical assistance.
(3) Under these programs, the state pays millions of dollars each year to provide medical
assistance for these persons for health conditions associated...
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9-17-19
Section 9-17-19 Civil actions for damages for violations of provisions of article, rules, etc.;
actions by private parties to enjoin violations of provisions of article, rules, etc. (a)
Nothing contained or authorized in this article and no civil action by or against the board
and no penalties imposed or claimed against any person for violating any provision of this
article or any rule, regulation or order issued under this article and no forfeiture shall
impair or abridge or delay any cause of action for damages which any person may have or assert
against any person violating any provision of this article or any rule, regulation or order
issued under this article. Any person so damaged by the violation may institute a civil action
for and recover such damages as he may show that he is entitled to receive. (b) In the event
the board should fail to bring a civil action to enjoin any actual or threatened violation
of any provision of this article or of any rule, regulation or order made...
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6-5-411
Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing
death. (a) The personal representative of a deceased person may commence an action
in a court of competent jurisdiction within the State of Alabama, and not elsewhere, and recover
such damages as the jury may assess for injuries or damages to the property of the decedent
resulting from the same wrongful act, omission, or negligence which caused the death of the
decedent, provided the decedent could have commenced such action if the wrongful act, omission,
or negligence causing the property damage had not also caused his death. (b) Such action may
be commenced though there has not been prosecution, conviction, or acquittal of the defendant
for the wrongful act, omission, or negligence; and it shall not abate by the death of the
defendant, but may be revived against his personal representative. (c) The damages
recovered are not subject to the payment of the debts or liabilities of the decedent, but...
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