Title 26 — Title 26

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 in…

(a) The Department of Public Health shall publish within 180 days after October 14, 2002, and shall update on an annual basis, the following easily comprehensible printed materials: (1) Geographically indexed printed materials designed to inform the woman of public and private ag…

(a) All facilities where abortions are performed and all facilities of physicians who refer for abortion shall have video viewing equipment. The video that may be shown to those who want to see it shall be identified by title, updated from time to time by the Department of Public…

Only a physician may perform an abortion. History: (Act 2002-419, p. 1074, §7.)

(a) Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting his or her judgment that an abortion is necessary to avert her death or to avert substantial and irre…

(a) Any person who intentionally, knowingly, or recklessly violates this chapter is guilty on a first offense of a Class B misdemeanor, on a second offense of a Class A misdemeanor, and on a third or subsequent offense of a Class C felony. (b) After two convictions within a 12-mo…

This chapter shall be known and may be cited as the Alabama Pain-Capable Unborn Child Protection Act. History: (Act 2011-672, p. 1784, §1.)

The Legislature makes all of the following findings: (1) Pain receptors (nociceptors) are present throughout the unborn child’s entire body by no later than 16 weeks after fertilization and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than…

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 t…

(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…

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 determinatio…

Any person who intentionally, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this chapter is guilty of a Class C felony. No penalty shall be assessed against the woman upon whom the abortion is performed or induced or att…

(a) Any woman upon whom an abortion has been performed or induced in violation of this chapter, or the father of the unborn child who was the subject of such an abortion, may maintain an action against the person who performed or induced the abortion in intentional, knowing, or r…

In every civil or criminal proceeding or action brought under this chapter, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does no…

The provisions of this chapter are supplemental to and shall be read in pari materia with Chapter 22 of this title, relating to the abortion of viable unborn children, and the Alabama Partial-Birth Abortion Ban Act of 1997. This chapter shall not be construed to repeal, by implic…

This act shall be known as the “Federal Abortion Mandate Opt Out Act.” History: (Act 2012-405, p. 1108, §1.)

(a) The Legislature of the State of Alabama finds all of the following: (1) Under the Patient Protection and Affordable Care Act, P.L. 111-148, federal tax dollars, via affordability credits, subsidies provided to individuals between 150-400 percent of the federal poverty level, …

(a) No abortion coverage may be provided by a qualified health plan offered through an exchange created pursuant to P.L. 111-148 within the State of Alabama. (b) This prohibition shall not apply to an abortion performed when the life of the mother is endangered by a physical diso…

(a) Nothing in this chapter shall be construed as creating or recognizing a right to abortion. (b) It is not the intention of this chapter to make lawful an abortion that is currently unlawful. History: (Act 2012-405, p. 1108, §4.)

(a) For the purposes of this section, the term ectopic pregnancy means any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. The term also includes a pregnancy resulting from a fertilized egg implanted inside the cornu of the uterus. (b)…

This chapter shall be known and may be cited as the “Women’s Health and Safety Act.” History: (Act 2013-79, p. 165, §1.)

(a) Any minor child under the age of 16 seeking an abortion from an abortion or reproductive health care facility shall be asked by the physician performing the abortion or his or her agent to state the name and age of the individual who is believed to be the father of the unborn…

The Board of Health shall publish amended rules for abortion and reproductive health care centers that are consistent with this chapter by December 28, 2013. Such rules shall take effect within the time frame required by the Alabama Administrative Procedure Act. History: (Act 201…

(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-i…

Any person who can demonstrate personal injury, including physical injury, emotional distress, or mental anguish, where such injury has resulted from the failure of an abortion or reproductive health center to conform to the requirements of this chapter, may maintain a civil acti…

(a) The failure of any physician, nurse practitioner, physician assistant, registered professional nurse, or licensed practical nurse to conform to the requirements of this chapter or any rule or regulation adopted under provision of this chapter may be grounds for adverse licens…

Upon application by the Department of Public Health, a circuit court or any judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining order, a preliminary injunction, a permanent injunction, or any combination of those remedies, restraining and enjoi…

(a) Nothing in this chapter shall be construed as creating or recognizing a right to abortion. (b) It is not the intention of this chapter to make lawful an abortion that is currently unlawful. (c) The provisions of this chapter shall be construed in pari materia with other statu…

The Alabama Legislature, by joint resolution, may appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality of this chapter or any portion thereof is challenged. History: (Act 2013-79, p. 165, §17.)

The Legislature finds all of the following: (1) That the percentage of abortion or reproductive health centers that have been subject to adverse licensure action vastly exceeds the percentage of facilities in any other category that have similarly been subject to adverse licensur…

As used in 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 with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that…

(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 t…

At all times during procedures in an abortion or reproductive health center, nursing care shall be under the supervision of a registered professional nurse currently licensed in Alabama. At least one registered professional nurse shall be on duty to provide or supervise all nursi…

All patient care in an abortion or reproductive health center must be rendered in accordance with all applicable federal, state, and local laws, State Board of Health rules, State Board of Medical Examiners rules, and current standards of care, including all professional standard…

Only a physician may give, sell, dispense, administer, or otherwise prescribe an abortion-inducing drug. Because the failure and complications from medical abortion increase with advancing gestational age, because the physical symptoms of medical abortion can be identical to the …

Physicians performing abortion procedures in abortion or reproductive health centers shall conform to the rules for office-based surgery of the Alabama State Board of Medical Examiners, shall meet the standards prescribed in the rules for office-based procedures - moderate sedati…

An abortion or reproductive health center shall be classified as ambulatory health care occupancy and shall meet all standards in the NFPA 101 Life Safety Code 2000 edition, or such standards in any later edition of the NFPA 101 Life Safety Code that the Board of Health may adopt…

This chapter shall be known and may be cited as the Unborn Infants Dignity of Life Act. History: (Act 2016-140, §1.)

Sections 26-23F-5, 26-23F-6, and 26-23F-7 shall not apply to a physician, doctor, or other person working with and under the direction of a physician or doctor, who in good faith believes that a deceased unborn infant, bodily remains, fetal remains, or fetal tissue were donated i…

(a) The Legislature of the State of Alabama finds and declares that: (1) Deceased unborn infants deserve the same respect and dignity as other human beings. (2) The laws of this state do not ensure that deceased unborn infants receive proper burials or final disposition. (3) Alab…

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…

Infants. The mother, father, or authorized representative may request the release of the bodily remains to the mother, father, or authorized representative for dignified final disposition by burial, interment, or cremation. The request may be made by the mother, father, or author…

(a)(1) No person shall knowingly accept compensation or payment for the sale, transfer, distribution, acceptance, use, or attempted use of the fetal organs, tissue, or bodily remains of a deceased unborn infant for research, therapy, transplantation, or experimentation. (2) No in…

(a) Except as provided in subsection (b), any person who knowingly violates any provision of Section 26-23F-5 shall be guilty of a Class D felony for each violation. (b) Any person who experiments on a living unborn infant or the bodily remains of a deceased unborn infant, experi…

(a) In addition to other remedies available under law or common law of this state, violation of any provision of Section 26-23F-5 shall: (1) Provide a basis for recovery in a civil action for the parent or parents of the infant or the parent, parents, or guardian of the mother, i…

(a) Nothing in this chapter shall be construed to affect existing federal or state law regarding abortion. (b) Nothing in this chapter shall be construed as creating or recognizing a right to abortion. (c) Nothing in this chapter shall be construed to alter generally accepted med…

Nothing in this chapter shall modify, amend, repeal, or supersede any provision of Section 6-5-333, or the “Alabama Medical Liability Act of 1987” commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to a…

This chapter shall be known and may be cited as the Alabama Unborn Child Protection from Dismemberment Abortion Act. History: (Act 2016-397, §1.)

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…

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 r…