Code of Alabama

Ala. Code § 22-8-1 (2026)

Persons Physically or Mentally Unable to Consent.

✓ official Alabama Legislature (ALISON) text, current July 2026

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No consent shall be required for a licensed physician, psychiatrist, psychologist, nurse practitioner, or physician assistant to provide any legally authorized medical or mental health services to a person when the person is either physically unable to consent or mentally unable to consent and who, but for the mental or physical disability, would be able to consent; provided, that two or more licensed physicians, psychiatrists, or psychologists, or one licensed physician, psychiatrist, or psychologist and one or more nurse practitioners or physician assistants, after having consultation, have signed a written statement finding, in their judgment, that the medical services are necessary and that a delay in treatment would increase the risk to the person’s life or health.

(Acts 1971, No. 2281, p. 3681, §6; Act 2019-355, §1.)

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2005–2021 · leading case: Clarence Abner v. Mobile Infirmary Hosp., 149 F. App'x 857 (11th Cir. 2005).

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Clarence Abner v. Mobile Infirmary Hosp., 149 F. App'x 857 (11th Cir. 2005). · cites it 2× “15 , 1 and Ala.Code § 22-8-1, 2 without first granting them leave to amend pursuant to Fed.”

Marocchini v. Robert C. Brown, M.D., P.C. (S.D. Ala. 2021). “CODE § 22-8-1. There has been no suggestion that Defendants obtained the written statements required by Alabama law to substitute for actual consent.”

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