Definitions

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As used in this subchapter:

  1. (1)

    1. (A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.

    2. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to:

      1. (i) Save the life or preserve the health of the unborn child;

      2. (ii) Remove a dead unborn child caused by spontaneous abortion; or

      3. (iii) Remove an ectopic pregnancy;

  2. (2) “Incompetent” means an individual who has been adjudicated as an individual with a disability and has had a guardian appointed for her;

  3. (3) “Minor” means an individual under eighteen (18) years of age;

  4. (4) “Physician” means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy;

  5. (5) “Sex-selection abortion” means an abortion performed solely on the basis of the sex of the unborn child;

  6. (6) “Unborn child” means the offspring of human beings from conception until birth; and

  7. (7) “Viability” means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support.


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