§ 20-16-1102 — Definitions

As used in this subchapter: (1) (A) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a female known to be pregnant. (B) However, "abortion" does not include the termination of a pregnancy if the termination is intended to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead fetus who died as the result of a spontaneous miscarriage; (2) "Attempt to perform an abortion" means an act or an omission of a statutorily required act that under the circumstances as the actor believes them to be constitutes a substantial step in a course of conduct planned to culminate in the termination of a pregnancy in this state; (3) "Gestational age" means the age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman; (4) "Medical emergency" means any condition that on the basis of the physician's good-faith clinical judgment so complicates the medical condition of a pregnant female that: (A) The immediate abortion of her pregnancy is necessary to prevent her death; or (B) A delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female; (5) "Physician" means a person authorized or licensed to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and a person authorized to practice osteopathy under § 17-91-101 et seq.; (6) "Probable gestational age" means the age that with reasonable probability in the judgment of a physician will be the gestational age of the unborn child at the time the abortion is planned to be performed; and (7) "Unborn child" means a member of the species Homo sapiens from fertilization until birth.

Legislative History

Acts 2005, No. 1696, § 1.