reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23G - Alabama Unborn Child Protection From Dismemberment Abortion Act. › Section 26-23G-7 - Criminal Penalties.

Section 26-23G-7
Criminal penalties.
Whoever is found to have violated Section 26-23G-3 shall be fined ten thousand dollars ($10,000) or imprisoned for not more than two years, or both.
(Act 2016-397, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23G - Alabama Unborn Child Protection From Dismemberment Abortion Act. › Section 26-23G-8 - Anonymity of Certain Individuals in Court Proceedings.

Section 26-23G-8
Anonymity of certain individuals in court proceedings.
In every civil, criminal, or administrative proceeding or action brought under this chapter, the court shall rule whether the identity of any woman upon whom an abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted to be performed, anyone other than a public official who brings an action under Section 26-23G-4 or Section 26-23G-5 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
(Act 2016-397, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23G - Alabama Unborn Child Protection From Dismemberment Abortion Act. › Section 26-23G-9 - Construction of Chapter.

Section 26-23G-9
Construction of chapter.
Nothing in this chapter shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion.
(Act 2016-397, §9.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23H - The Alabama Human Life Protection Act. › Section 26-23H-4 - Abortion Prohibited; Exception.

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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23H - The Alabama Human Life Protection Act. › Section 26-23H-5 - Liability.

Section 26-23H-5
Liability.
No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable. Furthermore, no physician confirming the serious health risk to the child's mother shall be criminally or civilly liable for those actions.
(Act 2019-189, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23H - The Alabama Human Life Protection Act. › Section 26-23H-6 - Violations.

Section 26-23H-6
Violations.
(a) An abortion performed in violation of this chapter is a Class A felony.
(b) An attempted abortion performed in violation of this chapter is a Class C felony.
(Act 2019-189, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23H - The Alabama Human Life Protection Act. › Section 26-23H-7 - Medical Emergencies.

Section 26-23H-7
Medical emergencies.
This chapter shall not apply to a physician licensed in Alabama performing a termination of a pregnancy or assisting in performing a termination of a pregnancy due to a medical emergency as defined by this chapter.
(Act 2019-189, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23H - The Alabama Human Life Protection Act. › Section 26-23H-8 - Construction With Other Laws.

Section 26-23H-8
Construction with other laws.
The construction of existing statutes and regulations that regulate or recognize abortion in Alabama that are in conflict with or antagonistic to this chapter shall be repealed as null and void and shall recognize the prohibition of abortion as provided in this chapter. If this chapter is challenged and enjoined pending a final judicial decision, the existing statutes and regulations that regulate or recognize abortion shall remain in effect during that time.
(Act 2019-189, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23I - Gianna's Law › Section 26-23I-3 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective August 1, 2021. This Is Not in the Current Code Supplement.

Section 26-23I-3
Application of chapter.
Nothing in this chapter shall make legal an abortion that is not otherwise legal.
(Act 2021-502, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 1 - Commissioner, Powers, Duties. › Section 26-24-1 - Department Established and Renamed.

Section 26-24-1
Department established and renamed.
(a) Commencing on August 1, 2015, the Department of Children's Affairs shall be known as the Department of Early Childhood Education. The department is a part of the Executive Department of state government, principally established to enable the Governor to effectively and efficiently coordinate efforts and programs to serve children throughout the state.
(b) All references to the Department of Children's Affairs and to the Commissioner of the Department of Children's Affairs in this code are changed to the Department of Early Childhood Education and the Secretary of the Department of Early Childhood Education, respectively. All other laws, rules, regulations, and legal references of any kind to the Department of Children's Affairs or to the Commissioner of the Department of Children's Affairs shall be changed to the Department of Early Childhood Education or the Secretary of the Department of Early Childhood Education, respectively when this code is next reprinted and in other laws, rules, regulations, and legal references as is appropriate, timely, and economically feasible.
(Act 99-439, p. 885, §1; Act 2015-160, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 1 - Commissioner, Powers, Duties. › Section 26-24-2 - Secretary of Early Childhood Education.

Section 26-24-2
Secretary of Early Childhood Education.
(a) The department shall be headed by and shall be under the direction, supervision, and control of an officer who shall be known and designated as the Secretary of Early Childhood Education. The secretary shall be responsible to the Governor for the administration of the department.
(b) The secretary shall be appointed by and shall hold office at the pleasure of the Governor.
(1) To be eligible for appointment to the office of secretary, a person shall provide proof of all of the following qualifications:
a. A master's degree, or completion of at least 36 hours of post baccalaureate course work, in early childhood education or childhood development.
b. Extensive experience in educational supervision and management in the areas of early childhood education encompassing birth to eight years of age, inclusive, school readiness, early care education, school improvement, and school administration or education administration.
(2) In addition to the qualifications for the office of secretary listed in subdivision (1), certification in education administration and supervision is preferred, but not required.
(c) Vacancies in the office of secretary for any reason shall be filled by the Governor.
(d) The salary of the secretary shall be fixed by the Governor at a sum comparable to salaries paid similar officers in state government.
(e) Before entering upon the discharge of duties, the secretary shall take the constitutional oath of office and shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, but not less than ten thousand dollars ($10,000), conditioned upon the faithful performance of his or her duties. The premiums on the bond shall be paid out of the State Treasury.
(f) The secretary shall devote full time to the official duties of the office and shall not hold another office under the government of the United States, or any other state, or of this state or of any political subdivision thereof, during his or her incumbency in the office. The secretary shall not hold any position of trust or profit, the conduct of which shall interfere or be inconsistent with his or her duties as secretary pursuant to this article.
(Act 99-439, p. 885, §2; Act 2015-160, p. 420, §1; Act 2018-414, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 1 - Commissioner, Powers, Duties. › Section 26-24-3 - Duties of Secretary.

Section 26-24-3
Duties of secretary.
The duties of the secretary shall include, but not be limited to, all of the following:
(1) Advising the Governor and the Legislature in matters relating to the coordination of services for children under the age of 19.
(2) Serving as a liaison between the Governor and state agencies providing programs or services for children.
(3) Educating and informing legislators and other elected officials about issues affecting children.
(4) Coordinating local effort by creating a network of existing local and community groups and advocates dedicated to children to enable beneficial organizations throughout the state to assist and educate each other.
(5) Actively seeking and applying for federal and private grants to fund children's programs.
(6) Establishing a repository for information on programs other than education programs offered by the Department of Education for K-12 in Alabama, which offer services for, or are for the benefit of, or in any way affect Alabama's children, including, but not limited to, the Department of Human Resources, the Department of Mental Health, Rehabilitation Services, the Department of Public Health, the Department of Youth Services, the Children's Trust Fund, the Alabama Department of Economic and Community Affairs, the Alcoholic Beverage Control Board, the Alabama State Law Enforcement Agency, and the Child Abuse and Neglect Prevention Board.
(7) Preparing and submitting to the Governor and the Legislature annual reports on activities and expenditures of state and local agencies related to children; all state, local, and federal funding available for children's programs other than education programs offered by the Department of Education for K-12; and recommendations of proposed legislation on the most efficient utilization of resources available in order to maximize services provided to children.
(8) Preparing or causing to be prepared, and submitting for approval and adoption by the Children's Policy Council, legislation required to meet the unmet needs of children by further development and improvement of children services.
(9) Review the budget requests for children's services of any state agency that administers children's programs other than education programs offered by the Department of Education for K-12.
(10) Develop a cohesive and comprehensive system of high quality early learning and care.
(Act 99-439, p. 885, §3; Act 2000-613, p. 1230, §1; Act 2015-160, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 1 - Commissioner, Powers, Duties. › Section 26-24-4 - Powers of Secretary.

Section 26-24-4
Powers of secretary.
(a) All functions and duties of the department shall be exercised by the secretary acting alone or by and through any administrative division or officer or employee that the secretary may designate. The secretary shall have all power and authority necessary or convenient to carry out the functions and duties of the department.
(b) The secretary may request any state or local agency or department which administers programs, other than education programs offered by the Department of Education for K-12, that directly affect Alabama's children to submit to the secretary information deemed necessary by the secretary to evaluate and assess the relationship between children's programs and the effectiveness of those programs, other than education programs offered by the Department of Education for K-12.
(c) The secretary may establish a data base of services offered by the several state and local agencies, and develop a system to provide for better coordination of services.
(d) The secretary shall work with the state and county children's policy councils and the state and county children's services facilitation teams in order to ensure that a comprehensive coordinated effort is in place to provide for children's services.
(Act 99-439, p. 885, §4, Act 2000-613, p. 1230, §1; Act 2015-160, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 1 - Commissioner, Powers, Duties. › Section 26-24-5 - Performance of Duties.

Section 26-24-5
Performance of duties.
In the performance of the functions and duties of the office and in the exercise of the powers and authorities, the secretary and all other officers and employees of the department shall be subject to all legal restrictions, limitations, and conditions and penalties, civil and criminal, with respect to the performance of those functions and duties and the exercise of those powers and authorities.
(Act 99-439, p. 885, §5; Act 2015-160, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 1 - Commissioner, Powers, Duties. › Section 26-24-6 - Office Space; Clerical Support, Etc.

Section 26-24-6
Office space; clerical support, etc.
The Governor may provide office space for the use of the department, secretary, and staff of either. The secretary may employ and secure the necessary staff, supplies, and materials to carry out this article, subject to the approval of the Governor, and pursuant to the state Merit System.
(Act 99-439, p. 885, §6; Act 2015-160, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 2 - Office of School Readiness. › Section 26-24-20 - Office Created.

Section 26-24-20
Office created.
The Office of School Readiness is created within the Department of Early Childhood Education. The office shall have the duties, responsibilities, functions, powers, and authority set forth in this article and as otherwise provided by law.
(Act 2000-613, p. 1230, §2; Act 2015-160, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 2 - Office of School Readiness. › Section 26-24-21 - Definitions.

Section 26-24-21
Definitions.
As used in this article, the following terms shall have the following meanings:
(1) DIRECTOR. The Director of the Office of School Readiness.
(2) OFFICE. The Office of School Readiness.
(Act 2000-613, p. 1230, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 2 - Office of School Readiness. › Section 26-24-22 - Director.

Section 26-24-22
Director.
(a) The chief administrative and executive officer of the office shall be the director, who shall be appointed by and serve at the pleasure of the Secretary of the Department of Early Childhood Education. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law and as directed by the secretary. The director shall be in the unclassified service of the state Merit System and shall receive a salary in an amount to be determined by the secretary. The director shall employ an assistant who shall also serve in the unclassified position of the state Merit System.
(b) The director shall employ all qualified personnel of the office, subject to the state Merit System.
(Act 2000-613, p. 1230, §4; Act 2015-160, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 2 - Office of School Readiness. › Section 26-24-23 - Duties of Office.

Section 26-24-23
Duties of office.
The Office of School Readiness shall do all of the following:
(1) Establish criteria and administer such programs and services as may be necessary for the operation and management of a voluntary prekindergarten program.
(2) Administer such programs and services as may be necessary for the operation and management of preschool and certain child development programs coordinating with the Department of Education for the inclusion of preschool special education.
(3) Ensure that the prekindergarten program provides a developmentally appropriate preschool program emphasizing growth in language and literacy, math concepts, science, arts, physical development, and personal and social competence.
(4) Receive and disperse any funds appropriated to the office from the Legislature for the establishment, operation, and administration of the prekindergarten program. The budget of the office shall be part of the Department of Early Childhood Education.
(5) Assist local units of administration in this state so as to assure the proliferation of services under this article.
(6) Coordinate with the regulatory division for the licensing of child care centers and with the administration of the United States child and adult care food programs at the child care centers participating in the prekindergarten program.
(7) Issue annual reports to the Governor, secretary, and Legislature concerning the administration and operation of the prekindergarten program.
(8) Provide leadership for enhancement of school readiness in this state by aggressively establishing a unified approach to the state's efforts toward enhancement of school readiness. In support of this effort, the office may develop and implement specific strategies that address the state's school readiness programs.
(9) Safeguard the effective use of federal, state, local, and private resources to achieve the highest possible level of school readiness for the state's children.
(10) Provide technical assistance to local programs.
(11) Assess gaps in services.
(12) By January 2001, adopt a system for measuring school readiness that provides objective data regarding the expectations for school readiness, and establish a method for collecting the data and guidelines for using the data. The measurement, the data collection, and the use of the data must serve the statewide school readiness goals. The criteria for determining which data to collect should be the usefulness of the data to state policymakers and local programs' administrators in administering programs and allocating state funds, and must include the tracking of school readiness system information back to individual school readiness programs to assist in determining program effectiveness.
(Act 2000-613, p. 1230, §5; Act 2015-160, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 2 - Office of School Readiness. › Section 26-24-24 - Entities That May Participate.

Section 26-24-24
Entities that may participate.
The following entities may voluntarily, but shall not be required to, participate in the programs and services administered by the Office of School Readiness:
(1) Public schools.
(2) Private schools.
(3) Churches.
(4) Existing public prekindergarten programs.
(5) Existing private prekindergarten programs.
(6) Existing nonprofit prekindergarten programs.
(7) Any other entities or programs approved by the office.
(Act 2000-613, p. 1230, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 2 - Office of School Readiness. › Section 26-24-25 - Collaboration on Programs.

Section 26-24-25
Collaboration on programs.
As additional funds become available, all programs within each county participating in school readiness shall collaborate on early education and child care programs that are funded with state and/or federal funding including, but not limited to, adult and community education programs, Even-Start literacy programs, prekindergarten early intervention programs, Head Start programs, programs offered by public and private providers of child care, migrant prekindergarten programs, Title 1 programs, subsidized child care programs, and teen parenting programs, together with any additional funds appropriated or obtained for this section. These programs shall be components of the integrated school readiness program.
(Act 2000-613, p. 1230, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 2 - Office of School Readiness. › Section 26-24-26 - Effect on Employees.

Section 26-24-26
Effect on employees.
This article shall not result in the net loss of employees and no affected employee shall be required to relocate or be forced to transfer.
(Act 2000-613, p. 1230, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 3 - Alabama Children's Policy Council. › Section 26-24-31 - Alabama Children's Policy Council Fund.

Section 26-24-31
Alabama Children's Policy Council Fund.
(a) There is hereby established the Alabama Children's Policy Council Fund into which there is automatically appropriated twenty thousand dollars ($20,000) annually at the beginning of each fiscal year. Any funds remaining in the Alabama Children's Policy Council Fund at the end of any fiscal year shall not revert to the State General Fund. The Comptroller shall transfer the moneys from the State General Fund to the Alabama Children's Policy Council Fund annually at the beginning of each fiscal year and the moneys in the fund shall be expended for the travel expenses of members of the Alabama Children's Policy Council who are not otherwise reimbursed by the state and such other necessary operating costs and expenses as approved by the Chair of the Alabama Children's Policy Council. Travel and per diem for all members of the Alabama Children's Policy Council shall be calculated and paid at the same rate applicable to state employees. Any expenses of the Alabama Children's Policy Council, including printing, postage, and mailing costs, which cannot be paid because of insufficient funds, shall be charged to the departments and agencies represented by membership on the Alabama Children's Policy Council on a pro rata basis, as calculated by the chair.
(b) The Alabama Children's Policy Council may accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts, and donations for the purpose of implementing this chapter. All funds shall be deposited into the Alabama Children's Policy Council Fund, which shall be under the management of the Alabama Children's Policy Council. Moneys of the fund may be withdrawn by vouchers or checks signed by the chair of the Alabama Children's Policy Council.
(Acts 1990, No. 90-674, p. 1304, §17; Act 2000-612, p. 1226, §1; §12-15-131; amended and renumbered by Act 2008-277, p. 441, §28.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 3 - Alabama Children's Policy Council. › Section 26-24-32 - Expenses of Alabama Children's Policy Council Members Who Are State Officers or Employees.

Section 26-24-32
Expenses of Alabama Children's Policy Council members who are state officers or employees.
The members of the Alabama Children's Policy Council who are officers or employees of the State of Alabama shall be entitled to be reimbursed for their expenses, including travel, lodging, food, and other expenses at the same rate as other state employees. These expenses shall be paid by the Comptroller from funds appropriated from the State Treasury to the department or agency which the member represents.
(Acts 1990, No. 90-674, p. 1304, §17; Act 2000-612, p. 1226, §1; §12-15-132; amended and renumbered by Act 2008-277, p. 441, §28.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 3 - Alabama Children's Policy Council. › Section 26-24-33 - County Children's Policy Councils - Generally.

Section 26-24-33
County children's policy councils - Generally.
(a) A county children's policy council is hereby created in each county of the state. The county children's policy council shall consist of the following members: A juvenile court judge in each county; the county director of the Department of Human Resources; a county representative of the Department of Mental Health; a county representative of the Department of Youth Services; a county representative of the Department of Rehabilitation Services, the Medicaid Agency, the Alabama State Law Enforcement Agency, and the Alcoholic Beverage Control Board, provided they have a physical presence in the county; the county superintendent of education and any city superintendent of education in the county; the county chief juvenile probation officer; a representative of the county health department; the district attorney; local legislators; the chair of the county commission; the sheriff, and at least seven persons to be appointed by the county children's policy council from the community including, but not limited to, state and local government officials, practicing attorneys, community organizations, business and industry, and representatives of any other agencies or organizations providing services to families and children in the county.
(b) All members of the county children's policy council shall serve on the county children's policy council for two years and until their successors are appointed, except those who serve by virtue of holding a designated office. The county children's policy council shall be convened at least once each quarter at the call of the chair. The juvenile court judge presiding over the county children's policy council may nominate a member to serve as chair. At the first meeting of the county children's policy council, the county children's policy council shall select its additional council members. If the county children's policy council deems it necessary or advisable, it may elect other officers and adopt bylaws. The additional officers shall hold office for the period as designated by the county children's policy council.
(Acts 1990, No. 90-674, p. 1304, §17; Act 2000-612, p. 1226, §1; §12-15-133; amended and renumbered by Act 2008-277, p. 441, §28.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 3 - Alabama Children's Policy Council. › Section 26-24-34 - County Children's Policy Councils - Duties.

Section 26-24-34
County children's policy councils - Duties.
The duties of the county children's policy council shall include, but not be limited to, the following: Reviewing the needs of children in the county and the responsibilities assigned each department or agency by law; determining areas of responsibility and identifying areas of duplication or conflict between departments and agencies in the county; identifying local resources and developing, in conjunction with the Department of Early Childhood Education, and up-dating annually, a local resource guide to services available to children which shall include procedural information concerning how to access those local services; articulating and communicating to the local community the needs of children; and submitting an annual report to the Department of Early Childhood Education by July 1 of each year on the local services provided to children, local needs of children, and recommendations of the county children's policy council based on data from the previous fiscal year ending September 30. The Department of Early Childhood Education shall then, by September 1 of each year, submit its summary recommendations based on the reports, along with a copy of each local report to the Alabama Children's Policy Council. The local resource guides shall be used by the Alabama Children's Policy Council in compiling a state resource guide, which may be automated and shall be distributed to the general public and to agencies and organizations serving children.
(Acts 1990, No. 90-674, p. 1304, §17; Act 2000-612, p. 1226, §1; §12-15-134; amended and renumbered by Act 2008-277, p. 441, §28; Act 2015-160, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 24 - Department of Early Childhood Edcuation. › Article 3 - Alabama Children's Policy Council. › Section 26-24-35 - Juvenile Justice Coordinating Councils Renamed.

Section 26-24-35
Juvenile justice coordinating councils renamed.
All references to the "Alabama Juvenile Justice Coordinating Council" and to "county juvenile justice coordinating councils" in this code, are changed to the "Alabama Children's Policy Council" and "county children's policy councils" respectively. All other laws, rules, regulations, and legal references of any kind to the "Alabama Juvenile Justice Coordinating Council" or to "county juvenile justice coordinating councils" shall be changed to the "Alabama Children's Policy Council" or to "county children's policy councils" respectively when this code is next reprinted and in other laws, rules, regulations, and legal references as is appropriate, timely, and economically feasible.
(Act 2000-612, p. 1226, §2; §12-15-135; amended and renumbered by Act 2008-277, p. 441, §28.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 25 - Leaving Abandoned Infant With Emergency Medical Services Provider. › Section 26-25-1 - Possession and Protection of Abandoned Child.

Section 26-25-1
Possession and protection of abandoned child.
(a) An emergency medical services provider, without a court order, shall take possession of a child who is 72 hours old or younger if the child is voluntarily delivered to the provider by the child's parent and the parent did not express an intent to return for the child.
(b) An emergency medical services provider who takes possession of a child under this section shall perform any act necessary to protect the physical health or safety of the child.
(Act 2000-760, p. 1740, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 25 - Leaving Abandoned Infant With Emergency Medical Services Provider. › Section 26-25-2 - Notification to Department of Human Resources.

Section 26-25-2
Notification to Department of Human Resources.
(a) No later than the close of the first business day after the date on which an emergency medical services provider takes possession of a child pursuant to Section 26-25-1, the provider shall notify the Department of Human Resources that the provider has taken possession of the child.
(b) The department shall assume the care, control, and custody of the child immediately on receipt of notice pursuant to subsection (a). The department shall be responsible for all medical and other costs associated with the child and shall reimburse the hospital for any costs incurred prior to the child being placed in the care of the department.
(Act 2000-760, p. 1740, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 25 - Leaving Abandoned Infant With Emergency Medical Services Provider. › Section 26-25-3 - Affirmative Defense Under Criminal Prosecution.

Section 26-25-3
Affirmative defense under criminal prosecution.
It is an affirmative defense to prosecution under Sections 13A-13-4, 13A-13-5, and 13A-13-6, if the parent voluntarily delivers the child to an emergency medical services provider pursuant to Section 26-25-1.
(Act 2000-760, p. 1740, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 25 - Leaving Abandoned Infant With Emergency Medical Services Provider. › Section 26-25-4 - Emergency Medical Services Provider.

Section 26-25-4
Emergency medical services provider.
For the purposes of this chapter, an emergency medical services provider shall mean a licensed hospital, as defined in Section 22-21-20, which operates an emergency department. An emergency medical services provider does not include the offices, clinics, surgeries, or treatment facilities of private physicians or dentists. No individual licensed health care provider, including physicians, dentists, nurses, physician assistants, or other health professionals shall be deemed to be an emergency medical services provider under this chapter unless such individual voluntarily assumes responsibility for the custody of the child.
(Act 2000-760, p. 1740, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 25 - Leaving Abandoned Infant With Emergency Medical Services Provider. › Section 26-25-5 - Liability.

Section 26-25-5
Liability.
No person or other entity subject to the provisions of this chapter shall be liable to any person for any claim for damages as a result of any action taken pursuant to the requirements of this chapter, and no lawsuit shall be predicated thereon.
(Act 2000-760, p. 1740, §5.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-2 - Definitions.

Section 27-1-2
Definitions.
For the purposes of this title, the following terms shall have the meanings respectively ascribed to them by this section.
(1) INSURANCE. A contract whereby one undertakes to indemnify another or pay or provide a specified amount or benefit upon determinable contingencies.
(2) INSURER. Every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance.
(3) PERSON. An individual, insurer, company, association, organization, Lloyd's insurer, society, reciprocal insurer or interinsurance exchange, partnership, syndicate, business trust, corporation, and every legal entity.
(4) COMMISSIONER. The Commissioner of Insurance of this state.
(5) DEPARTMENT. The Department of Insurance of this state.
(6) DOMESTIC INSURER. One formed under the laws of this state.
(7) FOREIGN INSURER. One formed under the laws of any jurisdiction other than this state. Except where distinguished by context, "foreign" insurers includes also "alien" insurers.
(8) ALIEN INSURER. One formed under the laws of any country other than the United States of America, its states, district, territories, and commonwealths.
(9) STATE. Such term, when used in context signifying a jurisdiction other than the State of Alabama, means any state, district, territory, commonwealth, or possession of the United States of America.
(10) AUTHORIZED INSURER; UNAUTHORIZED INSURER. An "authorized" insurer is one duly authorized, by a subsisting certificate of authority issued by the commissioner, to transact insurance in this state. An "unauthorized" insurer is one not so authorized.
(11) TRANSACT. Such term, with respect to insurance, includes any of the following:
a. Solicitation and inducement;
b. Preliminary negotiations;
c. Effectuation of a contract of insurance; or
d. Transaction of matters subsequent to effectuation of a contract of insurance and arising out of it.
(Acts 1971, No. 407, p. 707, §§2-9.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-3 - Applicability of Title - Generally.

Section 27-1-3
Applicability of title - Generally.
No provision of this title shall apply with respect to:
(1) Domestic mutual aid associations, as identified in Chapter 30, except as stated in Chapter 30; or
(2) Fraternal benefit societies, as identified in Chapter 34, except as stated in Chapters 34 and 35.
(Acts 1971, No. 407, p. 707, §11.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-4 - Applicability of Title - Exemptions.

Section 27-1-4
Applicability of title - Exemptions.
This title shall not apply as to:
(1) Any fraternal or other organization or activity which is exempted from the provisions of Chapter 34 under Section 27-34-5, except to the extent provided in such section;
(2) Nonprofit corporations for establishment of hospitalization plan under Section 10-4-100 et seq., except to the extent now or hereafter provided in such laws;
(3) The insurance department of a brotherhood or labor union, the members of which are subject to the act of Congress known as the Railway Labor Act; or
(4) The establishment, maintenance, administration, and operation of any trust established pursuant to Section 22-21-240 by agreement of any hospitals, other health care units or dental practitioners licensed as such by the State of Alabama.
(Acts 1971, No. 407, p. 707, §12; Acts 1977, No. 166, p. 226, §1; Acts 1978, 2nd Ex. Sess., No. 24, p. 1703, §1.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-5 - Compliance Requirement.

Section 27-1-5
Compliance requirement.
No person shall transact a business of insurance in Alabama, or relative to a subject resident, located or to be performed in Alabama, without complying with the applicable provisions of this title.
(Acts 1971, No. 407, p. 707, §10.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-6 - Prevalence of Particular Over General Provisions.

Section 27-1-6
Prevalence of particular over general provisions.
Provisions of this title relative to a particular kind of insurance, a particular type of insurer, or a particular matter shall prevail over provisions in this title relating to insurance in general, insurers in general, or such matters in general.
(Acts 1971, No. 407, p. 707, §13.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-7 - Effect of Captions or Headings.

Section 27-1-7
Effect of captions or headings.
The scope and meaning of any provision shall not be limited or otherwise affected by the caption or heading of any chapter, section, or provision.
(Acts 1971, No. 407, p. 707, §14.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-8 - Life Insurance Companies May Invest in Notes Secured by Mortgages or Deeds of Trust.

Section 27-1-8
Life insurance companies may invest in notes secured by mortgages or deeds of trust.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1943, No. 438, p. 403; Acts 1961, Ex. Sess., No. 86, p. 2003.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-9 - Life Insurance Companies May Invest in Loans Guaranteed Under Service Men's Readjustment Act.

Section 27-1-9
Life insurance companies may invest in loans guaranteed under Service Men's Readjustment Act.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1945, No. 37, p. 44.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-10 - Payment for Health Services of Chiropractor; Insured to Have Exclusive Right to Select Practitioner of Healing Arts.

Section 27-1-10
Payment for health services of chiropractor; insured to have exclusive right to select practitioner of healing arts.
Any contract or policy of insurance or any plan or agreement for health services providing for reimbursement or payment for health services performed by a medical doctor or physician or upon the certification of a medical doctor, surgeon, osteopath or physician, shall also reimburse or pay for such health services performed by a doctor of chiropractic or upon his certificate; provided, that the health services performed by the doctor of chiropractic are within the scope of his license and he is duly licensed by the State of Alabama.
The insured or such other person entitled to benefits under such contract or policy of insurance or plan or agreement for health services shall have the exclusive right to choose or select any practitioner or member of the healing arts of Alabama to perform such services, notwithstanding any provisions of such contract or policy of insurance or plan or agreement for health services to the contrary.
(Acts 1975, No. 1101, p. 2172, §1.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-11 - Dentists and Dental Hygienists as "Physicians" Under Health or Accident Insurance Policies.

Section 27-1-11
Dentists and dental hygienists as "physicians" under health or accident insurance policies.
Whenever the terms "physician" and/or "doctor" are used in any policy of health or accident insurance issued in this state or in any contract for the provision of health care, services, or benefits issued by any health, medical or other service corporation existing under, and by virtue of any laws of this state, said terms shall include within their meaning those persons licensed under and in accordance with Chapter 9 of Title 34 in respect to any care, services, procedures, or benefits covered by said policy of insurance or health care contract which the said persons are licensed to perform, any provisions in any such policy of insurance or health care contract to the contrary notwithstanding. This section shall be applicable to all policies in this state, regardless of date of issue, on October 10, 1975.
(Acts 1975, No. 1241, p. 2607, §1.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-11.1 - Appropriations to Certain Universities Not to Be Considered in Patient Care Reimbursement.

Section 27-1-11.1
Appropriations to certain universities not to be considered in patient care reimbursement.
Any appropriations made by the Legislature of Alabama to the University of Alabama in Birmingham and to the University of South Alabama shall be for the unrestricted support of the activities of the said university and therefore insurance companies, whether operated for profit or not for profit, licensed under the laws of the State of Alabama, whether acting on their own behalf or for others, are prohibited from applying or taking into account in any manner whatsoever, any portion of those appropriations in determining reimbursement for patient care activities.
(Acts 1980, No. 80-445, p. 690.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-12 - Penalty for Violation of Title.

Section 27-1-12
Penalty for violation of title.
Each willful violation of this title for which a greater penalty is not provided by another provision of this title or by other applicable laws of this state shall, in addition to any applicable prescribed denial, suspension, or revocation of certificate of authority or license, be punishable as a misdemeanor, upon conviction, by a fine of not more than $1,000.00, or by imprisonment in the county jail, or by sentence to hard labor for the county, for a period not to exceed one year, or by both such fine and imprisonment or hard labor in the discretion of the court. Each instance of violation shall be considered a separate offense.
(Acts 1971, No. 407, p. 707, §15.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-13 - Existing Forms and Filings.

Section 27-1-13
Existing forms and filings.
Every form of insurance document and every rate or other filing lawfully in use immediately prior to January 1, 1972, may continue to be so used or be effective until the commissioner otherwise prescribes pursuant to this title.
(Acts 1971, No. 407, p. 707, §809.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-14 - Preservation of Prior Rights, Obligations, Etc.

Section 27-1-14
Preservation of prior rights, obligations, etc.
This title shall not impair or affect any act done, offense committed or right accruing, accrued, or acquired or liability, penalty, forfeiture, or punishment incurred prior to January 1, 1972, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted, as fully, and to the same extent, as was possible prior to January 1, 1972.
(Acts 1971, No. 407, p. 707, §810).
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-15 - Payment for Services of Podiatrist.

Section 27-1-15
Payment for services of podiatrist.
Notwithstanding any other provision of law, when any contract of health insurance or any plan or agreement for health services provides for the reimbursement or payment for services which are within the scope of a podiatrist's professional license as defined in the general laws of Alabama, such policy shall be construed to include payment to a podiatrist who has performed such procedures.
(Acts 1976, No. 678, p. 927.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-17.1 - Payment of Providers Through Electronic Funds Transfer Methods.

Section 27-1-17.1
Payment of providers through electronic funds transfer methods.
(a) As used in this section, the following words shall have the following meanings:
(1) ACH ELECTRONIC FUNDS TRANSFER. An electronic funds transfer through the Health Insurance Portability and Accountability Act (HIPPA) standard Automated Clearing House network.
(2) COVERED HEALTH CARE PROVIDER. A physician as defined in Section 34-24-50.1; a dentist as defined in Section 34-9-1; a chiropractor as defined in Section 34-24-120; an individual engaged in the practice of optometry as defined in Section 34-22-1; other licensed health care professionals as defined in Title 34; a hospital as defined in Section 22-21-20; and a health care facility, or other provider who or that is accredited, licensed, or certified and who or that is performing within the scope of that accreditation, license, or certification.
(3) HEALTH INSURANCE PLAN. Any hospital and medical expense incurred policy, health maintenance organization subscriber contract, or any other health care plan, policy, coverage, or arrangement that pays for or furnishes medical or health care services, whether by insurance or otherwise, offered in this state. The term does not include a regional care organization.
(4) HEALTH INSURER. An entity or person that offers or administers a health insurance plan in this state, or contracts with covered health care providers to furnish specified health care services to enrollees covered under a health insurance plan. The term includes corporations organized pursuant to Article 6 of Chapter 20 of Title 10A, commencing at Section 10A-20-6.01, and to policies, plans, or contracts entered into, issued by, or administered by such corporations.
(5) REGIONAL CARE ORGANIZATION. An organization as defined in Section 22-6-150.
(b) Contracts issued, amended, or renewed on or after January 1, 2017, between a health insurer or its contracted vendor or a regional care organization and a covered health care provider shall include the following language, set off from other language in bold, 12-point type and in all capital letters: "If a covered health care provider requests payment under a health insurance plan from a health insurer or its contracted vendor or a regional care organization be made using ACH electronic funds transfer, that request must be honored. Furthermore, such a request may not be used to delay or reject a transaction, or attempt to adversely affect the covered health care provider."
(c) Nothing in this section prohibits or adopts any standards for other methods of electronic funds transfers outside of the Automated Clearing House network. Alternative electronic funds transfer methods, including wire transfer and payment by card or otherwise through a private card network, are expressly permitted to pay a covered health care provider.
(Act 2016-320, §1.)