§ 20-16-2003 — Definitions

As used in this subchapter: (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. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Attempt to perform or induce 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 performance or induction of an abortion in this state in violation of this subchapter; (3) "Conception" means the fusion of human spermatozoon with a human ovum; (4) "Gestation" means the time that has elapsed since the first day of the woman's last menstrual period; (5) "Human being" means an individual member of the species Homo sapiens from and after the point of conception; (6) "Major bodily function" means the functions of the body, including without limitation functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions; (7) "Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, necessitates an abortion to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function; (8) "Physician" means a person licensed to practice medicine in this state, including a medical doctor; and (9) "Probable gestational age" means the age of an unborn human being as calculated from the first day of the last menstrual period of the pregnant woman.

Legislative History

Amended by Act 2021, No. 740,§ 4, eff. 7/28/2021. Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.