§ 26-22-2 — Definitions

The following words shall have the following meanings:
(1) ABORTION. The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.
(2) FERTILIZATION. The fusion of a human spermatozoon with a human ovum.
(3) GESTATIONAL AGE. The age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman.
(4) HOSPITAL. An institution licensed pursuant to the provisions of the law of this state.
(5) LIVE BIRTH. When used with regard to a human being, means that the human being was completely expelled or extracted from his or her mother and after such separation, breathed or showed evidence of any of the following: Beating of the heart, pulsation of the umbilical cord, definite movement of voluntary muscles, or any brain-wave activity.
(6) MEDICAL EMERGENCY. The condition, which, on the basis of the physician’s good-faith clinical judgment, so complicates a pregnancy as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(7) PREGNANT. The female reproductive condition of having a developing fetus in the body and commences with fertilization.
(8) UNBORN CHILD and FETUS. An individual organism of the species homo sapiens from fertilization until live birth.
(9) VIABLE and VIABILITY. The stage of fetal development when, in the judgment of the physician based upon 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 his or her mother, with or without artificial support.

Legislative History

(Acts 1997, No. 97-442, p. 746, §2.)