SB298 Alabama 2011 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Co-Sponsors

J.T. WaggonerScott BeasonGreg J. ReedShadrack McGillDick BrewbakerGerald O. DialTom Whatley

Session

Regular Session 2011

Title

Abortion, physician guidelines prior to administering an abortion-inducing drug, civil and criminal penalties, Abortion-Inducing Drug Safety Act

Summary

SB298 creates the Abortion-Inducing Drug Safety Act to regulate how abortion-inducing drugs are used, requiring physician oversight and adherence to FDA-approved protocols.

What This Bill Does

It requires an in-person physician examination before giving an abortion-inducing drug, documents gestational age and location, and limits treatment to FDA-approved protocols. It sets duties for physicians, such as providing the drug label, arranging emergency coverage, scheduling a follow-up visit about 14 days later, and reporting adverse events to the FDA and state health department. It creates criminal penalties for violations (Class C felony) and allows civil actions and professional discipline; it also protects pregnant women from criminal penalties and civil liability. The act becomes effective 90 days after the governor signs it, and treatment of local funds under Amendment 621 is addressed by an exemption because it creates a new crime.

Who It Affects

• Pregnant women seeking abortion-inducing drugs would be subject to in-person exams, follow-up requirements, privacy protections, and would face no criminal penalties or civil liability under the act.
• Physicians and medical facilities that provide abortion-inducing drugs would have to follow strict requirements (FDA protocol, in-person exam, documentation, emergency contracts and reporting) and could face criminal, civil, and professional discipline penalties.

Key Provisions

• Establishes the Abortion-Inducing Drug Safety Act with findings, definitions, and guidelines for abortion-inducing drugs.
• Makes it unlawful to provide medical abortion without an in-person physician exam and adherence to FDA-tested/provided drug labels and protocols.
• Requires in-person examination to determine gestational age and intrauterine location before giving an abortion-inducing drug; restricts administration to clinical settings under physician supervision.
• Requires providers to give the patient a drug label, arrange a contract with a physician to handle complications, provide emergency contact details, and schedule a ~14-day follow-up visit; record compliance efforts in the medical chart.
• Requires the contracting emergency physician to have hospital privileges and specifies follow-up and documentation requirements.
• Requires adverse-event reporting to the FDA MedWatch system and the state health department within three days.
• Imposes criminal penalties (Class C felony) on violators; pregnant women are not criminally penalized.
• Allows civil damages, professional discipline, and wrongful-death claims for noncompliance; protects pregnant women from civil liability.
• Provides privacy protections for patients in court proceedings and allows non-disclosure or pseudonym use upon request.
• Effective 90 days after gubernatorial signing; includes an exemption for local funds under Amendment 621 due to defining a new crime.
• Defines key terms including abortion, abortion-inducing drug, mifepristone, physician, and related concepts.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Abortion