reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23B - Alabama Pain-Capable Unborn Child Protection Act. › Section 26-23B-3 - Definitions.

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 fusion of a human spermatozoon with a human ovum.
(4) MEDICAL EMERGENCY. A condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy without first determining postfertilization age to avert her death or for which the delay necessary to determine postfertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(5) POSTFERTILIZATION AGE. The age of the unborn child as calculated from the fertilization of the human ovum.
(6) REASONABLE MEDICAL JUDGMENT. A medical judgment that would be made by a reasonable prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(7) PHYSICIAN. Any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state.
(8) PROBABLE POSTFERTILIZATION AGE OF THE UNBORN CHILD. What, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced.
(9) UNBORN CHILD or FETUS. An individual organism of the species homo sapiens from fertilization until live birth.
(10) WOMAN. A female human being whether or not she has reached the age of majority.
(Act 2011-672, p. 1784, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23B - Alabama Pain-Capable Unborn Child Protection Act. › Section 26-23B-4 - Determination of Postfertilization Age of Unborn Child.

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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23B - Alabama Pain-Capable Unborn Child Protection Act. › Section 26-23B-5 - Abortion Prohibited Where Postfertilization Age of Unborn Child at Least 20 Weeks; Exception.

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 and irreversible physical impairment of a major bodily function.
(b) When an abortion upon a woman whose unborn child has been determined to have a probable postfertilization age of 20 or more weeks is not prohibited by this section, in such a case, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions of the woman, than would another available method. No such greater risk 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 and irreversible physical impairment of a major bodily function.
(Act 2011-672, p. 1784, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23B - Alabama Pain-Capable Unborn Child Protection Act. › Section 26-23B-6 - Criminal Penalties.

Section 26-23B-6
Criminal penalties.
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 attempted to be performed or induced.
(Act 2011-672, p. 1784, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23B - Alabama Pain-Capable Unborn Child Protection Act. › Section 26-23B-7 - Civil Remedies.

Section 26-23B-7
Civil remedies.
(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 reckless violation of this chapter for actual and punitive damages. Any woman upon whom an abortion has been attempted in violation of this chapter may maintain an action against the person who attempted to perform the abortion in intentional, knowing, or reckless violation of this chapter for actual damages.
(b) A cause of action for injunctive relief against any person who has intentionally, knowingly, or recklessly violated this chapter and Section 22-9A-13 may be maintained by the woman upon whom an abortion was performed or induced or attempted to be performed or induced in violation of this chapter, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or induced or attempted to be performed or induced in violation of this chapter, by a district attorney with appropriate jurisdiction, or by the Attorney General. The injunction shall prevent the abortion provider from performing or inducing, or attempting to perform or induce, further abortions in violation of this chapter in this state.
(c) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.
(d) If judgment is rendered in favor of the defendant and the court finds that the suit by the plaintiff was frivolous and brought in bad faith, the court shall also render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
(e) No damages or attorney fees may be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except as provided in subsection (d).
(Act 2011-672, p. 1784, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23B - Alabama Pain-Capable Unborn Child Protection Act. › Section 26-23B-8 - Preservation of Anonymity.

Section 26-23B-8
Preservation of anonymity.
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 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 from public disclosure, 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 26-23B-7 shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
(Act 2011-672, p. 1784, §9.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23B - Alabama Pain-Capable Unborn Child Protection Act. › Section 26-23B-9 - Construction With Other Laws.

Section 26-23B-9
Construction with other laws.
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 implication or otherwise, Section 26-22-3, Section 26-23-3, or any otherwise applicable provision of Alabama's law regulating or restricting abortion. An abortion that complies with this chapter but violates the provisions of Section 26-22-3, Section 26-23-3, or any otherwise applicable provision of Alabama's law shall be deemed unlawful as provided in such provision. An abortion that complies with the provisions of Section 26-22-3, Section 26-23-3, or any otherwise applicable provision of Alabama's law regulating or restricting abortion but violates this chapter shall be deemed unlawful as provided in this chapter.
(Act 2011-672, p. 1784, §10.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23C - Federal Abortion Mandate Opt Out Act. › Section 26-23C-1 - Short Title.

Section 26-23C-1
Short title.
This act shall be known as the "Federal Abortion Mandate Opt Out Act."
(Act 2012-405, p. 1108, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23C - Federal Abortion Mandate Opt Out Act. › Section 26-23C-2 - Legislative Findings.

Section 26-23C-2
Legislative findings.
(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, are routed to exchange participating health insurance plans, including plans that provide coverage for abortions.
(2) Federal funding of insurance plans that provide abortions is an unprecedented change in federal abortion funding policy. The Hyde Amendment, as passed each year in the Labor Health and Human Services Appropriations bill, and the Federal Employee Health Benefits Program, FEHBP, prohibit federal funds from subsidizing health insurance plans that provide abortions. Under this new law, however, exchange participating health insurance plans that provide abortions can receive federal funds.
(3) The provision of federal funding for health insurance plans that provide abortion coverage is nothing short of taxpayer funded and government endorsed abortion.
(4) However, P.L. 111-148 allows a state to "opt out" of permitting health insurance plans that cover abortions to participate in the exchanges within that state and thereby prohibit taxpayer money from subsidizing plans that cover abortions within that state.
(5) The decision not to fund abortions places no governmental obstacle in the path of a woman who chooses to terminate her pregnancy.
(6) Moreover, it is permissible for a state to engage in unequal subsidization of abortions and other medical services to encourage alternative activity deemed in the public interest.
(7) Citizens of the State of Alabama, like other Americans, oppose the use of public funds, both federal and state, to pay for abortions. For example, a January 2010 Quinnipiac poll showed that 7 in 10 Americans were opposed to provisions in federal health care reform that use federal funds to pay for abortions and abortion coverage.
(8) The Guttmacher Institute, which advocates for unfettered and taxpayer-funded access to abortion, confirms that, based on Medicaid studies, more women have abortions when it is covered by private or public insurance programs.
(b) Based on the findings in subsection (a), it is the purpose of this chapter to affirmatively opt out of allowing qualified health plans that cover abortions to participate in exchanges within the State of Alabama.
(Act 2012-405, p. 1108, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23C - Federal Abortion Mandate Opt Out Act. › Section 26-23C-3 - Opt Out of Abortion Coverage.

Section 26-23C-3
Opt out of abortion coverage.
(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 disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when the pregnancy is the result of an act of rape or incest or any procedure to terminate an ectopic pregnancy.
(Act 2012-405, p. 1108, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23C - Federal Abortion Mandate Opt Out Act. › Section 26-23C-4 - Construction of Chapter.

Section 26-23C-4
Construction of chapter.
(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.
(Act 2012-405, p. 1108, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23D - Ectopic Pregnancy. › Section 26-23D-1 - Ectopic Pregnancy.

Section 26-23D-1
Ectopic pregnancy.
(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) The term abortion, when used in the Code of Alabama 1975, or in the Alabama Administrative Code, shall not be construed to include any procedure to terminate an ectopic pregnancy, unless the statutory provision or rule expressly states that it is intended to apply to a procedure to terminate an ectopic pregnancy.
(c) The requirement of Section 26-23B-4, for a physician to make a determination of the probable post-fertilization age of the unborn child prior to an abortion shall apply only to abortion procedures. The requirements of Section 22-9A-13, for reporting fetal deaths and pregnancy terminations shall be construed to require a report of the probable post-fertilization age only for abortion procedures.
(Act 2012-261, p. 506, §§1-3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-2 - Legislative Findings.

Section 26-23E-2
Legislative findings.
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 licensure actions. This alarming level of regulatory non-compliance among abortion and reproductive health centers in Alabama puts 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 in other medical care settings, it is necessary for the Legislature to mandate the personal presence and participation of the physician in the process.
(8) Moreover, because abortion or reproductive health centers have often failed to meet acceptable standards of medical care, it is necessary for Legislature to enact reasonable and medically appropriate health and safety standards for all abortion and reproductive health centers, and to provide effective enforcement mechanisms and disincentives for centers that are unable or unwilling to meet these requirements.
(Act 2013-79, p. 165, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-3 - Definitions.

Section 26-23E-3
Definitions.
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 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. For the purposes of this chapter, a lethal anomaly means that the child would die at birth or be still born. For the purposes of this chapter, the term, ectopic pregnancy, means any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. The term, ectopic pregnancy, also includes a pregnancy resulting from a fertilized egg implanted inside the cornu of the uterus.
(2) ABORTION INDUCING DRUG. A medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with the knowledge that the termination will with reasonable likelihood cause the death of the unborn child. Use of such drugs to induce abortion is also known as medical abortion. This includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol (Cytotec), and methotrexate. This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications, such as chemotherapeutic agents and diagnostic drugs.
(3) ABORTION OR REPRODUCTIVE HEALTH CENTER. A facility defined and regulated as an abortion or reproductive health center by the rules of the Alabama State Board of Health.
(4) ADMINISTER. To give or apply a pharmacologic or other therapeutic agent to a patient.
(5) DISPENSE. To sell, distribute, administer, leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user or the user's agent.
(6) PHYSICIAN. A person currently licensed by the Medical Licensure Commission, State of Alabama, to practice medicine or osteopathy pursuant to Section 34-24-50, et seq.
(7) PRESCRIPTION. A physician's order for the preparation and administration of a drug or device for a patient.
(8) REGISTERED PROFESSIONAL NURSE (RN). A person currently licensed in the State of Alabama pursuant to Section 34-21-21.
(Act 2013-79, p. 165, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-4 - Physician Requirements.

Section 26-23E-4
Physician requirements.
(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 to discharge from the facility, the patient shall be provided with the name and telephone number of the physician who will provide care in the event of complications, and the name of the medications given at the abortion clinic.
(c) Every physician referenced in this section shall have staff privileges at an acute care hospital within the same standard metropolitan statistical area as the facility is located that permit him or her to perform dilation and curettage, laparotomy procedures, hysterectomy, and any other procedures reasonably necessary to treat abortion-related complications.
(Act 2013-79, p. 165, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-5 - Nursing Care.

Section 26-23E-5
Nursing care.
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 nursing care of patients in preparation for and during the abortion procedure, during the recovery period, and through the initial discharge by the attending physician. Other nursing service personnel shall remain on duty as required to meet the needs of each patient.
(Act 2013-79, p. 165, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-6 - Patient Care.

Section 26-23E-6
Patient care.
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 standards of practice.
(Act 2013-79, p. 165, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-7 - Prescription of Abortion-Inducing Drugs.

Section 26-23E-7
Prescription of abortion-inducing drugs.
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 symptoms of ectopic pregnancy, and because abortion-inducing drugs do not treat ectopic pregnancies but rather are contraindicated in ectopic pregnancies, the physician giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug must first examine the pregnant woman in person and document, in the woman's medical chart, the gestational age and intrauterine location of the pregnancy prior to giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug.
(Act 2013-79, p. 165, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-8 - Office-Based Procedure Requirements.

Section 26-23E-8
Office-based procedure requirements.
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 sedation/analgesia, and shall meet all other requirements in those rules, including the recommended guidelines for follow-up care, requirements for recovery area, assessment for discharge, reporting requirements, and registration requirements.
(Act 2013-79, p. 165, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-9 - Abortion or Reproductive Health Center Requiremetns.

Section 26-23E-9
Abortion or reproductive health center requiremetns.
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 for facilities classified as ambulatory health care occupancy. Not later than December 28, 2013, each licensed abortion or reproductive health center shall submit to the Department of Public Health architectural drawings and plans and sprinkler system plans and such other materials as may be required to show compliance or prospective compliance with the applicable life safety code. These shall be submitted and reviewed pursuant to the Board of Health Rules for Plan Review, including the payment of plan review fees. Not later than July 1, 2014, each abortion or reproductive health center shall obtain from the Department of Public Health a certificate of completion which shall certify that the facility meets all ambulatory health care occupancy standards in the applicable NFPA 101 Life Safety Code, as well as all other life safety and building standards required by law or rule. Any facility that fails to submit architectural drawings and plans, sprinkler system plans, and such other materials as may be required to the Department of Public Health within the deadline for such submission shall have its license revoked. Any facility that fails to obtain a certificate of occupancy within the deadline for obtaining such certificate shall have its license revoked.
(Act 2013-79, p. 165, §9.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-10 - Paternity Inquiries of Pregnant Minor Child; Reporting Requirements.

Section 26-23E-10
Paternity inquiries of pregnant minor child; reporting requirements.
(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 child. While the minor child may refuse to provide the father's name and age, she should be encouraged to do so by the physician or agent consistent with the physician's legal obligation to reduce the incidence of child abuse when there is reason to suspect that it has occurred.
(b) In addition to any other abuse reporting requirements that may apply to the staff of an abortion or reproductive health center, if the reported age of the father is two or more years greater than the age of the minor child, the facility shall report the names of the pregnant minor child and the father to both local law enforcement and the county department of human resources. If the pregnant minor child is less than 14 years old, the name of the minor child shall be reported to the Department of Human Resources, regardless of whether the father is two or more years older than the minor child. The receipt of reportable information by any member of a facility staff shall trigger the requirement for the facility to report such information. Nothing in this section shall be construed to constructively repeal any other provisions of law requiring parental consent before an abortion procedure is performed.
(Act 2013-79, p. 165, §10.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-11 - Promulgation of Rules.

Section 26-23E-11
Promulgation of rules.
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.
(Act 2013-79, p. 165, §11.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-12 - Violations.

Section 26-23E-12
Violations.
(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-inducing drug without first examining the patient in person shall be guilty of a Class C felony.
(c) The administrator of an abortion or reproductive health center who knowingly and willfully permits the facility to be operated in a manner that violates Section 26-23E-4, Section 26-23E-5, Section 26-23E-6, or Section 26-23E-7 shall be guilty of a Class C felony.
(d) The administrator of an abortion or reproductive health center who knowingly and willfully violates subsection (b) of Section 26-23E-10 shall be guilty of a Class A misdemeanor.
(Act 2013-79, p. 165, §12.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-13 - Civil Action for Damages.

Section 26-23E-13
Civil action for damages.
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 action for damages against the abortion or reproductive health center and against the administrator of the facility.
(Act 2013-79, p. 165, §13.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-14 - Adverse Licensure Action.

Section 26-23E-14
Adverse licensure action.
(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 licensure action, up to and including license revocation.
(b) Any abortion or reproductive health center that is found to have provided an abortion, in a manner that violates this chapter or any rule or regulation adopted under the provision of this chapter, may be subject to adverse licensure action, up to and including license revocation.
(Act 2013-79, p. 165, §14.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-15 - Remedies.

Section 26-23E-15
Remedies.
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 enjoining any person from violating the provisions of this chapter and any rules promulgated thereunder. Any temporary restraining order, preliminary injunction, or permanent injunction shall be issued without bond. This remedy is in addition to any other remedies available to the Department of Public Health.
(Act 2013-79, p. 165, §15.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-16 - Construction of Chapter.

Section 26-23E-16
Construction of chapter.
(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 statutes governing abortions.
(d) Nothing in this chapter shall be construed to modify, supersede, or constructively repeal any provisions of the Alabama Medical Liability Act of 1987, the Alabama Medical Liability Act of 1996, or any amendments thereto.
(Act 2013-79, p. 165, §16.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23E - Women's Health and Safety Act. › Section 26-23E-17 - Intervention.

Section 26-23E-17
Intervention.
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.
(Act 2013-79, p. 165, §17.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23F - Unborn Infants Dignity of Life Act. › Section 26-23F-1 - Short Title.

Section 26-23F-1
Short title.
This chapter shall be known and may be cited as the Unborn Infants Dignity of Life Act.
(Act 2016-140, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23F - Unborn Infants Dignity of Life Act. › Section 26-23F-2 - Legislative Findings; Purpose.

Section 26-23F-2
Legislative findings; purpose.
(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) Alabama does not specifically prohibit the sale or transfer of bodily remains of deceased unborn infants for compensation.
(4) The dignity and value of life, especially the lives of children, born or unborn, has been and continues to be a public policy and often sacred concern of the highest order for the people of this state.
(b) Based on the findings in subsection (a), the purposes of this chapter are to:
(1) Allow parents of deceased unborn infants to provide a dignified final disposition of the bodily remains of these infants.
(2) Prohibit the sale or other unlawful disposition of the bodily remains of a deceased unborn infant, or the exchange of any compensation or payment for the transfer or distribution of the bodily remains of a deceased unborn infant.
(Act 2016-140, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23F - Unborn Infants Dignity of Life Act. › Section 26-23F-4 - Release and Dignified Final Disposition of Bodily Remains of Unborn Infants.

Section 26-23F-4
Release and dignified final disposition of bodily remains of unborn 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 authorized representative prior to or shortly after the expulsion or extraction of the bodily remains. Any expenses associated with preparation of and disposal of the bodily remains as requested by the mother, father, or authorized representative shall be at his or her own expense. Nothing in this chapter shall prevent donation of bodily remains pursuant to the Revised Uniform Anatomical Gift Act or prevent pathological study when it is required.
(Act 2016-140, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23F - Unborn Infants Dignity of Life Act. › Section 26-23F-5 - Sale or Other Disposition of Bodily Remains of Unborn Infant.

Section 26-23F-5
Sale or other disposition of bodily remains of unborn infant.
(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 institution, entity, or individual shall knowingly provide any compensation or payment to any other person, organization, or entity for the removal, transfer, storage, processing, preservation, quality control, implantation, transportation, distribution, disposal, or other manner of disposition of the bodily remains of a deceased unborn infant for research, therapy, transplantation, experimentation, or any other prohibited purpose under this chapter.
(b) No person shall knowingly aid or abet in any prohibited activity under subsection (a).
(c) No person shall use an unborn infant, living or deceased, in research or experimentation. Nothing in this section shall affect the use described herein pursuant to the Revised Uniform Anatomical Gift Act.
(d) No person shall perform or offer to perform an abortion where part or all of the justification or reason for the abortion is that the bodily remains may be used for research, therapy, transplantation, or experimentation.
(Act 2016-140, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23F - Unborn Infants Dignity of Life Act. › Section 26-23F-6 - Violations.

Section 26-23F-6
Violations.
(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, experiments upon an unborn infant who is intended to be aborted, or performs or offers to perform an abortion where part or all of the justification or reason for the abortion is that the bodily remains may be used for research or experimentation in violation of Section 26-23F-5 shall be guilty of a Class C felony.
(Act 2016-140, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23F - Unborn Infants Dignity of Life Act. › Section 26-23F-7 - Remedies and Penalties.

Section 26-23F-7
Remedies and penalties.
(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, if the mother is a minor, for experimentation upon bodily remains. Any relief awarded shall include:
a. Money damages for all psychological injuries occasioned by any violation of this chapter.
b. Statutory damages equal to three times the cost of the mother's delivery or abortion.
(2) Provide a basis for professional disciplinary action by regulatory bodies for the suspension or revocation of any license for physicians, licensed vocational and registered nurses, or other licensed or regulated health care providers.
(b) Any conviction of any health care provider for any failure to comply with the requirements of this chapter shall result in the automatic suspension of his or her license for a period of at least one year and the license shall be reinstated after that time only under such conditions as the appropriate state regulatory body shall require to ensure compliance with this chapter.
(Act 2016-140, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23F - Unborn Infants Dignity of Life Act. › Section 26-23F-8 - Construction of Chapter.

Section 26-23F-8
Construction of chapter.
(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 medical standards.
(Act 2016-140, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23F - Unborn Infants Dignity of Life Act. › Section 26-23F-9 - Relation to Other Laws.

Section 26-23F-9
Relation to other laws.
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 any of the foregoing, or any judicial interpretation of any of the foregoing.
Further, nothing in this chapter shall be construed to restrict or supersede criminal investigations of violations of the laws of this state.
(Act 2016-140, §9.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23F - Unborn Infants Dignity of Life Act. › Section 26-23F-10 - Exceptions Under Revised Uniform Anatomical Gift Act.

Section 26-23F-10
Exceptions under Revised Uniform Anatomical Gift Act.
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 in accordance with the Revised Uniform Anatomical Gift Act.
(Act 2016-140, §10.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23G - Alabama Unborn Child Protection From Dismemberment Abortion Act. › Section 26-23G-1 - Short Title.

Section 26-23G-1
Short title.
This chapter shall be known and may be cited as the Alabama Unborn Child Protection from Dismemberment Abortion Act.
(Act 2016-397, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23G - Alabama Unborn Child Protection From Dismemberment Abortion Act. › Section 26-23G-3 - Dismemberment Abortion Prohibited Unless Necessary to Prevent Serious Health Risk to Mother of Unborn Child.

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 be thereby liable for performing or attempting to perform a dismemberment abortion. No nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but who acts at the direction of a physician, and no pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician, shall be thereby liable for performing or attempting to perform a dismemberment abortion.
(d) This chapter does not prevent abortion for any reason including rape and incest by any other method, unless otherwise prevented by law.
(Act 2016-397, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23G - Alabama Unborn Child Protection From Dismemberment Abortion Act. › Section 26-23G-4 - Injunctive Relief.

Section 26-23G-4
Injunctive relief.
(a) A cause of action for injunctive relief against an individual who has performed or attempted to perform a dismemberment abortion in violation of Section 26-23G-3 may be maintained by any of the following:
(1) A woman upon whom a dismemberment abortion was performed or attempted to be performed.
(2) An individual who is the spouse, parent, or guardian of, or a current or former licensed health care provider of, a woman upon whom such a dismemberment abortion was performed or attempted to be performed.
(3) A prosecuting attorney with appropriate jurisdiction.
(b) The injunction shall prevent the defendant from performing or attempting to perform further dismemberment abortions in violation of Section 26-23G-3.
(Act 2016-397, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23G - Alabama Unborn Child Protection From Dismemberment Abortion Act. › Section 26-23G-5 - Civil Damages.

Section 26-23G-5
Civil damages.
(a) A cause of action for civil damages against an individual who has performed a dismemberment abortion in violation of Section 26-23G-3 may be maintained by any of the following:
(1) Any woman upon whom a dismemberment abortion has been performed in violation of Section 26-23G-3.
(2) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed.
(3) If the woman had not attained the age of 18 years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.
(b) No damages may be awarded a plaintiff if the pregnancy resulted from criminal conduct of the plaintiff.
(c) Damages awarded in such an action shall include all of the following:
(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion.
(2) Statutory damages equal to three times the cost of the dismemberment abortion.
(Act 2016-397, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23G - Alabama Unborn Child Protection From Dismemberment Abortion Act. › Section 26-23G-6 - Attorney Fees.

Section 26-23G-6
Attorney fees.
(a) If judgment is rendered in favor of the plaintiff in an action described in Section 26-23G-4 or Section 26-23G-5, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.
(b) If judgment is rendered in favor of the defendant in an action described in Section 26-23G-4 or Section 26-23G-5, and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
(c) No attorney fees may be assessed against the woman upon whom an abortion was performed or attempted to be performed except in accordance with subsection (b).
(Act 2016-397, §6.)