Section 26-23E-1 – Short Title.
Section 26-23E-1 Short title. This chapter shall be known and may be cited as the “Women’s Health and Safety Act.” (Act 2013-79, p. 165, §1.)
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 […]
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.)
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 […]
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 […]
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) […]
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 […]
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 […]
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.)
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 […]
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 […]
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 […]
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 […]
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.)
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 […]
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 […]
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 […]