36-2151

36-2151. Definitions

In this article, unless the context otherwise requires:

1. "Abortion" means the use of any means to terminate the clinically diagnosable
pregnancy of a woman with knowledge that the termination by those means will cause, with
reasonable likelihood, the death of the unborn child. Abortion does not include birth
control devices, oral contraceptives used to inhibit or prevent ovulation, conception or
the implantation of a fertilized ovum in the uterus or the use of any means to increase
the probability of a live birth, to preserve the life or health of the child after a live
birth, to terminate an ectopic pregnancy or to remove a dead fetus.

2. "Conception" means the fusion of a human spermatozoon with a human ovum.

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. "Health professional" has the same meaning prescribed in section 32-3201.

5. "Medical emergency" means a condition that, on the basis of the physician's good
faith clinical judgment, so complicates the medical condition of a pregnant woman 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.

6. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or
17.

7. "Pregnant" or "pregnancy" means a female reproductive condition of having a
developing unborn child in the body and that begins with conception.

8. "Probable gestational age" means the gestational age of the unborn child at the
time the abortion is planned to be performed and as determined with reasonable
probability by the attending physician.

9. "Surgical abortion" means the use of a surgical instrument or a machine to
terminate the clinically diagnosable pregnancy of a woman with knowledge that the
termination by those means will cause, with reasonable likelihood, the death of the
unborn child. Surgical abortion does not include the use of any means to increase the
probability of a live birth, to preserve the life or health of the child after a live
birth, to terminate an ectopic pregnancy or to remove a dead fetus. Surgical abortion
does not include patient care incidental to the procedure.

10. "Unborn child" means the offspring of human beings from conception until birth.