§ 26-23G-3 — Dismemberment Abortion Prohibited Unless Necessary to Prevent Serious Health Risk to Mother of Unborn Child

Alabama § 26-23G-3

• Jurisdiction: Alabama
• Title 26: Infants and Incompetents
• Ch. 23G: Alabama Unborn Child Protection from Dismemberment Abortion Act

Text

(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.

Legislative History

(Act 2016-397, §3.)