State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-3_103

28-3,103. Terms, defined.For purposes of thePain-Capable Unborn Child Protection Act:(1) Abortionmeans the use or prescription of any instrument, medicine, drug, or othersubstance or device to terminate the pregnancy of a woman known to be pregnantwith an intention other than to increase the probability of a live birth,to preserve the life or health of the child after live birth, or to removea dead unborn child who died as the result of natural causes in utero, accidentaltrauma, or a criminal assault on the pregnant woman or her unborn child, andwhich causes the premature termination of the pregnancy;(2) Attemptto perform or induce an abortion means an act, or an omission of a statutorilyrequired act, that, under the circumstances as the actor believes them tobe, constitutes a substantial step in a course of conduct planned to culminatein the performance or induction of an abortion in this state in violationof the Pain-Capable Unborn Child Protection Act;(3) Fertilization meansthe fusion of a human spermatozoon with a human ovum;(4) Medical emergencymeans a condition which, in reasonable medical judgment, so complicates themedical condition of the pregnant woman as to necessitate the immediate abortionof her pregnancy to avert her death or for which a delay will create a seriousrisk of substantial and irreversible physical impairment of a major bodilyfunction. No condition shall be deemed a medical emergency if based on a claimor diagnosis that the woman will engage in conduct which would result in herdeath or in substantial and irreversible physical impairment of a major bodilyfunction;(5) Postfertilization age means the age of the unborn child as calculatedfrom the fertilization of the human ovum;(6) Reasonable medical judgment means amedical judgment that would be made by a reasonably prudent physician, knowledgeableabout the case and the treatment possibilities with respect to the medicalconditions involved;(7) Physician means any person licensed to practice medicine andsurgery or osteopathic medicine under the Uniform Credentialing Act;(8) Probablepostfertilization age of the unborn child means what, in reasonable medicaljudgment, will with reasonable probability be the postfertilization age ofthe unborn child at the time the abortion is planned to be performed;(9) Unbornchild or fetus each mean an individual organism of the species homo sapiensfrom fertilization until live birth; and(10) Woman means a female human being whetheror not she has reached the age of majority. SourceLaws 2010, LB1103, § 2.Operative Date: October 15, 2010 Cross ReferencesUniform Credentialing Act, see section 38-101.

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-3_103

28-3,103. Terms, defined.For purposes of thePain-Capable Unborn Child Protection Act:(1) Abortionmeans the use or prescription of any instrument, medicine, drug, or othersubstance or device to terminate the pregnancy of a woman known to be pregnantwith an intention other than to increase the probability of a live birth,to preserve the life or health of the child after live birth, or to removea dead unborn child who died as the result of natural causes in utero, accidentaltrauma, or a criminal assault on the pregnant woman or her unborn child, andwhich causes the premature termination of the pregnancy;(2) Attemptto perform or induce an abortion means an act, or an omission of a statutorilyrequired act, that, under the circumstances as the actor believes them tobe, constitutes a substantial step in a course of conduct planned to culminatein the performance or induction of an abortion in this state in violationof the Pain-Capable Unborn Child Protection Act;(3) Fertilization meansthe fusion of a human spermatozoon with a human ovum;(4) Medical emergencymeans a condition which, in reasonable medical judgment, so complicates themedical condition of the pregnant woman as to necessitate the immediate abortionof her pregnancy to avert her death or for which a delay will create a seriousrisk of substantial and irreversible physical impairment of a major bodilyfunction. No condition shall be deemed a medical emergency if based on a claimor diagnosis that the woman will engage in conduct which would result in herdeath or in substantial and irreversible physical impairment of a major bodilyfunction;(5) Postfertilization age means the age of the unborn child as calculatedfrom the fertilization of the human ovum;(6) Reasonable medical judgment means amedical judgment that would be made by a reasonably prudent physician, knowledgeableabout the case and the treatment possibilities with respect to the medicalconditions involved;(7) Physician means any person licensed to practice medicine andsurgery or osteopathic medicine under the Uniform Credentialing Act;(8) Probablepostfertilization age of the unborn child means what, in reasonable medicaljudgment, will with reasonable probability be the postfertilization age ofthe unborn child at the time the abortion is planned to be performed;(9) Unbornchild or fetus each mean an individual organism of the species homo sapiensfrom fertilization until live birth; and(10) Woman means a female human being whetheror not she has reached the age of majority. SourceLaws 2010, LB1103, § 2.Operative Date: October 15, 2010 Cross ReferencesUniform Credentialing Act, see section 38-101.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-3_103

28-3,103. Terms, defined.For purposes of thePain-Capable Unborn Child Protection Act:(1) Abortionmeans the use or prescription of any instrument, medicine, drug, or othersubstance or device to terminate the pregnancy of a woman known to be pregnantwith an intention other than to increase the probability of a live birth,to preserve the life or health of the child after live birth, or to removea dead unborn child who died as the result of natural causes in utero, accidentaltrauma, or a criminal assault on the pregnant woman or her unborn child, andwhich causes the premature termination of the pregnancy;(2) Attemptto perform or induce an abortion means an act, or an omission of a statutorilyrequired act, that, under the circumstances as the actor believes them tobe, constitutes a substantial step in a course of conduct planned to culminatein the performance or induction of an abortion in this state in violationof the Pain-Capable Unborn Child Protection Act;(3) Fertilization meansthe fusion of a human spermatozoon with a human ovum;(4) Medical emergencymeans a condition which, in reasonable medical judgment, so complicates themedical condition of the pregnant woman as to necessitate the immediate abortionof her pregnancy to avert her death or for which a delay will create a seriousrisk of substantial and irreversible physical impairment of a major bodilyfunction. No condition shall be deemed a medical emergency if based on a claimor diagnosis that the woman will engage in conduct which would result in herdeath or in substantial and irreversible physical impairment of a major bodilyfunction;(5) Postfertilization age means the age of the unborn child as calculatedfrom the fertilization of the human ovum;(6) Reasonable medical judgment means amedical judgment that would be made by a reasonably prudent physician, knowledgeableabout the case and the treatment possibilities with respect to the medicalconditions involved;(7) Physician means any person licensed to practice medicine andsurgery or osteopathic medicine under the Uniform Credentialing Act;(8) Probablepostfertilization age of the unborn child means what, in reasonable medicaljudgment, will with reasonable probability be the postfertilization age ofthe unborn child at the time the abortion is planned to be performed;(9) Unbornchild or fetus each mean an individual organism of the species homo sapiensfrom fertilization until live birth; and(10) Woman means a female human being whetheror not she has reached the age of majority. SourceLaws 2010, LB1103, § 2.Operative Date: October 15, 2010 Cross ReferencesUniform Credentialing Act, see section 38-101.