Section 26-23A-1 – Short Title.
Section 26-23A-1 Short title. This chapter shall be known and cited as the Woman’s Right to Know Act. (Act 2002-419, p. 1074, §1.)
Section 26-23A-10 – Remedies.
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall: (1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction under this chapter shall be admissible in a civil suit as […]
Section 26-23A-11 – Anonymity in Court Proceedings.
Section 26-23A-11 Anonymity in court proceedings. 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 attempted, shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, […]
Section 26-23A-12 – Construction of Chapter.
Section 26-23A-12 Construction of chapter. Nothing in this chapter shall be construed as creating or recognizing a right to abortion. It is not the intention of this chapter to make lawful an abortion that is currently unlawful nor to deny a woman an abortion that is lawful. Following abortion counseling, the withdrawal of consent to […]
Section 26-23A-13 – Severability.
Section 26-23A-13 Severability. If any one or more provision, section, subsection, sentence, clause, phrase, or word of this chapter or the application thereof to any person or circumstance is found to be invalid or unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective. The Legislature hereby […]
Section 26-23A-2 – Legislative Findings; Purpose.
Section 26-23A-2 Legislative findings; purpose. (a) The Legislature of the State of Alabama finds that: (1) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on her alternatives. (2) Most abortions are performed in clinics devoted solely to providing abortions and family […]
Section 26-23A-3 – Definitions.
Section 26-23A-3 Definitions. For the purposes of this chapter, the following terms 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. Such use or prescription is not an abortion […]
Section 26-23A-4
Section 26-23A-4 Voluntary and informed consent required for abortion. Except in the case of a medical emergency, no abortion shall be performed or induced without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion […]
Section 26-23A-5 – Publication of Required Materials.
Section 26-23A-5 Publication of required materials. (a) The Department of Public Health shall publish within 180 days after October 14, 2002, and shall update on an annual basis, the following easily comprehensible printed materials: (1) Geographically indexed printed materials designed to inform the woman of public and private agencies and services available to provide medical […]
Section 26-23A-6 – Availability of Information in Video Format; Ultrasound Image.
Section 26-23A-6 Availability of information in video format; ultrasound image. (a) All facilities where abortions are performed and all facilities of physicians who refer for abortion shall have video viewing equipment. The video that may be shown to those who want to see it shall be identified by title, updated from time to time by […]
Section 26-23A-7 – Abortions to Be Performed by Physician.
Section 26-23A-7 Abortions to be performed by physician. Only a physician may perform an abortion. (Act 2002-419, p. 1074, §7.)
Section 26-23A-8 – Medical Emergency Abortions.
Section 26-23A-8 Medical emergency abortions. (a) Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting his or her judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of a major […]
Section 26-23A-9 – Violations.
Section 26-23A-9 Violations. (a) Any person who intentionally, knowingly, or recklessly violates this chapter is guilty on a first offense of a Class B misdemeanor, on a second offense of a Class A misdemeanor, and on a third or subsequent offense of a Class C felony. (b) After two convictions within a 12-month period of […]