A.  As used in this article:

1.  “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous miscarriage, accidental trauma, or a criminal assault on the pregnant female or her unborn child;

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 performance of an abortion;

3.  “Certified technician” means a Registered Diagnostic Medical Sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography (ARDMS) or a Nurse Midwife or Advance Practice Nurse Practitioner in Obstetrics with certification in obstetrical ultrasonography;

4.  “Unborn child” or “unborn person” means the unborn offspring of human beings from the moment of conception, through pregnancy, and until live birth including the human conceptus, zygote, morula, blastocyst, embryo and fetus;

5.  “Unemancipated minor” means any person less than eighteen (18) years of age who is not or has not been married or who is under the care, custody, and control of the person’s parent or parents, guardian, or juvenile court of competent jurisdiction;

6.  “Viable” means potentially able to live outside of the womb of the mother upon premature birth, whether resulting from natural causes or an abortion;

7.  “Conception” means the fertilization of the ovum of a female individual by the sperm of a male individual;

8.  “Health” means physical or mental health;

9.  “Department” means the State Department of Health; and

10.  “Inducing an abortion” means the administration by any person, including the pregnant woman, of any substance designed or intended to cause an expulsion of the unborn child, effecting an abortion as defined above.

B.  Nothing contained herein shall be construed in any manner to include any contraceptive device or medication or sterilization procedure.

Historical Data

Laws 1978, HB 1813, c. 207, § 2, eff. October 1, 1978; Amended by Laws 2007, SB 139, c. 161, § 1, eff. November 1, 2007 (superseded document available); Amended by Laws 2009, HB 1595, c. 227, § 1, eff. November 1, 2009 (superseded document available); Amended by Laws 2020, SB 1728, c. 149, § 3, eff. November 1, 2020 (superseded document available).