(a) Prohibition. Except as provided in subsection (b), no person shall intentionally, knowingly, or recklessly perform or induce an abortion when the unborn child is viable.
(b) Exceptions.
(1) It shall not be a violation of subsection (a) if an abortion is performed by a physician and that physician reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. No abortion shall be deemed authorized under this paragraph if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible impairment of a major bodily function.
(2) It shall not be a violation of subsection (a) if the abortion is performed by a physician and that physician reasonably believes, after making a determination of the viability of the unborn child in compliance with Section 26-22-4 relating to the determination of viability, that the unborn child is not viable.
(c) Abortion regulated. Except in the case of a medical emergency which, in the reasonable medical judgment of the physician performing the abortion, prevents compliance with a particular requirement of this subsection, no abortion which is authorized under subsection (b)(1) shall be performed unless each of the following conditions are met:
(1) The physician performing the abortion certifies in writing that, based upon his or her medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or serious risk of substantial and irreversible impairment of a major bodily function.
(2) The physician’s judgment with respect to the necessity for the abortion has been concurred in by one other licensed physician who certifies in writing that, based upon his or her separate personal medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.
(3) The abortion is performed in a hospital.
(4) The physician terminates the pregnancy in a manner which provides the best opportunity for the unborn child to survive, unless the physician determines, in his or her good faith medical judgment, that termination of the pregnancy in that manner poses a significantly greater risk either of the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman than would other available methods.
(5) The physician performing the abortion arranges for the attendance, in the same room in which the abortion is to be completed, of a second physician who shall take control of the child immediately after complete extraction from the mother and shall provide immediate medical care for the child, taking all reasonable steps necessary to preserve the child’s life and health.
(d) Penalty. Any person who violates subsection (a) commits a Class A felony. Any person who violates subsection (c) commits a Class C felony.
(Acts 1997, No. 97-442, p. 746, §3.)
Notes of Decisions
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
· cites it 26× “Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
Summit Med. Assocs., P.C. v. Pryor, 180 F.3d 1326 (11th Cir. 1999).
· cites it 2× “” 4 *1332 Ala.Code § 26-22-3(a). “Viable and viability” are defined in the statute as follows: The stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her in light of the most advanced medical technology and…”
Hicks v. State, 153 So. 3d 53 (Ala. 2014).
· cites it 2× “Section 26-22-3 provides, in relevant part: "(a) Prohibition.”
Summit Med. Assocs. v. James (11th Cir. 1999).
· cites it 2× “”4 Ala. Code § 26-22-3 (a). “Viable and 4 In its entirety, the post-viability abortion statute provides: § 26-22-1.”
— Ala. Code § 26-22-3(a) — 3 cases
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
Summit Med. Assocs., P.C. v. Pryor, 180 F.3d 1326 (11th Cir. 1999).
“” 4 *1332 Ala.Code § 26-22-3(a). “Viable and viability” are defined in the statute as follows: The stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her in light of the most advanced medical technology and…”
Hicks v. State, 153 So. 3d 53 (Ala. 2014).
“Section 26-22-3 provides, in relevant part: "(a) Prohibition.”
— Ala. Code § 26-22-3(b)(1) — 1 case
Summit Med. Assocs., P.C. v. Pryor, 180 F.3d 1326 (11th Cir. 1999).
“” 4 *1332 Ala.Code § 26-22-3(a). “Viable and viability” are defined in the statute as follows: The stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her in light of the most advanced medical technology and…”
— Ala. Code § 26-22-3(b)(2) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
— Ala. Code § 26-22-3(b)(l) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
— Ala. Code § 26-22-3(c) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
— Ala. Code § 26-22-3(c)(2) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
— Ala. Code § 26-22-3(c)(3) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
— Ala. Code § 26-22-3(c)(5) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
— Ala. Code § 26-22-3(c)(l) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
— Ala. Code § 26-22-3(d) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
— Ala. Code § 26-22-3(e)(4) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
— Ala. Code § 26-22-3(e)(5) — 1 case
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
“Before considering whether these challenges present claims upon which relief may be granted, the court first notes that each of the disputed requirements is subject to the medical emergency exception discussed in detail above, which provides that the physician need not satisfy…”
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