Code of Alabama

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22-8A-11
to a reasonable degree of medical certainty, that: a. The individual is no longer able to understand,
appreciate, and direct his or her medical treatment, and b. The individual has no hope of
regaining such ability. (2) Two physicians, one of whom is the attending physician and one
of whom shall be qualified and experienced in making such diagnosis, have personally examined
the individual and have diagnosed and certified in the medical record that the individual
has a terminal illness or injury or has a condition of permanent unconsciousness. (3)
The attending physician or other health care provider and the surrogate have no actual knowledge
of the existence of a valid advance directive for health care that would give guidance to
the provider in treating the individual's condition. (4) The treating physician determines,
to a reasonable degree of medical certainty, that withholding or withdrawing the life-sustaining
treatment or artificially provided nutrition and hydration will...
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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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22-8A-3
by the law of this state to administer or provide health care in the ordinary course of business
or in the practice of a profession. (9) HEALTH CARE PROXY. Any person designated to act on
behalf of an individual pursuant to Section 22-8A-4. (10) LIFE-SUSTAINING TREATMENT. Any medical
treatment, procedure, or intervention that, in the judgment of the attending physician, when
applied to the patient, would serve only to prolong the dying process where the patient has
a terminal illness or injury, or would serve only to maintain the patient in a condition
of permanent unconsciousness. These procedures shall include, but are not limited to, assisted
ventilation, cardiopulmonary resuscitation, renal dialysis, surgical procedures, blood transfusions,
and the administration of drugs and antibiotics. Life-sustaining treatment shall not include
the administration of medication or the performance of any medical treatment where, in the
opinion of the attending physician, the medication or...
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22-8A-2
Section 22-8A-2 Legislative intent. The Legislature finds that competent adult persons have
the right to control the decisions relating to the rendering of their own medical care, including,
without limitation, the decision to have medical procedures, life-sustaining treatment, and
artificially provided nutrition and hydration provided, withheld, or withdrawn in instances
of terminal conditions and permanent unconsciousness. In order that the rights of individuals
may be respected even after they are no longer able to participate actively in decisions about
themselves, the Legislature hereby declares that the laws of this state shall recognize the
right of a competent adult person to make a written declaration instructing his or her physician
to provide, withhold, or withdraw life-sustaining treatment and artificially provided nutrition
and hydration or designate by lawful written form a health care proxy to make decisions on
behalf of the adult person concerning the providing,...
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26-1A-404
regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially
provided nutrition and hydration but only a. if specifically authorized to do so in the durable
power of attorney, b. if the substantive provisions of the durable power of attorney are in
substantial compliance and if the durable power of attorney is executed and accepted in substantially
the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal
illness or injury or permanent unconsciousness, if the authority is implemented in
the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed
prior to January 1, 2012, shall be effective to the extent specifically provided therein notwithstanding
the provisions of this subsection. The decisions made by the attorney in fact shall be implemented
in accordance with the same procedures set forth in the Alabama Natural Death Act for health
care proxies. (3) Any authority...
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22-8A-4
The acceptance shall be evidenced in writing and attached to the proxy designation. The proxy
designation may be a separate document or part of a living will. (1) The designation of an
attorney-in-fact, made pursuant to Section 26-1-2, as amended from time to time, who is specifically
authorized to make decisions regarding the providing, withholding, or withdrawing of life-sustaining
treatment or artificially provided nutrition and hydration in instances involving terminal
illness or injury and permanent unconsciousness, constitutes for purposes of this chapter
a proxy designating another individual to act for the declarant pursuant to this subsection,
provided, however, that the authority granted to an attorney-in-fact to make such decisions
shall be the same as the authority granted in this chapter to a health care proxy. The appointment
shall be limited to the specific directions enumerated in the appointment. (2) Any powers
granted to a health care proxy in an advance...
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26-1-2
regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially
provided nutrition and hydration but only a. if specifically authorized to do so in the durable
power of attorney, b. if the substantive provisions of the durable power of attorney are in
substantial compliance and if the durable power of attorney is executed and accepted in substantially
the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal
illness or injury or permanent unconsciousness, if the authority is implemented in
the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed
prior to May 8, 1997, shall be effective to the extent specifically provided therein notwithstanding
the provisions of this subsection. The decisions made by the attorney in fact shall be implemented
in accordance with the same procedures set forth in the Alabama Natural Death Act for health
care proxies. (3) Any authority granted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-1-2.htm - 12K - Match Info - Similar pages

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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26-23E-2
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
and concern for the patient that is unique to the decision to have an abortion. (6) Abortion
is a very profitable procedure most often engaged in by stand-alone clinics without many of
the safeguards found in a traditional physician/patient relationship or other medical care
setting. (7) Because abortion and reproductive health centers do not currently provide the
level of personal contact found in many physician/patient relationships and...
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22-8B-3
employee, researcher, medical or nursing school faculty member, student, or employee, counselor,
social worker, or any professional, paraprofessional, or any other person who furnishes or
assists in the furnishing of health care services. (5) LIFE-SUSTAINING TREATMENT. Any medical
treatment, procedure, or intervention that, in the judgment of the attending physician, when
applied to the patient, would serve only to prolong the dying process where the patient has
a terminal illness or injury, or would serve only to maintain the patient in a condition
of permanent unconsciousness. These procedures include, but are not limited to, assisted ventilation,
cardiopulmonary resuscitation, renal dialysis, surgical procedures, blood transfusions, and
the administration of drugs and antibiotics. Life-sustaining treatment does not include the
administration of medication or the performance of any medical treatment where, in the opinion
of the attending physician, the medication or treatment...
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