Section 26-23F-3

Definitions.

For the purpose of this chapter, the following words and phrases shall have the following meanings:

(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child. The term "abortion" as used in this chapter, does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.

(2) BODILY REMAINS. The physical remains, corpse, or body parts of a dead unborn infant who has been expelled or extracted from his or her mother.

(3) ECTOPIC PREGNANCY. Any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. The term also includes a pregnancy resulting from a fertilized egg implanting inside the cornu of the uterus.

(4) EXPERIMENT or EXPERIMENTATION. The use of an unborn infant, living or deceased, or such bodily remains in any trial, test, procedure, or observation carried out with the goal of verifying, refuting, or establishing the validity of a hypothesis, but does not include treatment, medication, diagnostic or remedial tests, surgical procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant's mother or pathological study. The terms do not include the use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.

(5) FINAL DISPOSITION. The burial, interment, cremation, or other legal disposition of the bodily remains of a deceased unborn infant.

(6) LETHAL ANOMALY. A child would die at birth or be still born.

(7) PATHOLOGICAL STUDY. The examination of body tissue for diagnostic or forensic purposes, and any related activities necessary to perform such study. The term includes any study or test, genetic or otherwise, to determine the cause of death.

(8) PREGNANT or PREGNANCY. A fetal reproductive condition of having an unborn infant or infants in the woman's uterus.

(9) RESEARCH. A systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalized knowledge but does not include treatment, medication, diagnostic or remedial tests, surgical procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant's mother or pathological study. The term does not include the use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.

(10) THERAPY or THERAPEUTIC. Intended to treat or cure a disease or disorder by remedial agents or methods. The term does not include either of the following:

a. Diagnostic or remedial tests, procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant's mother or pathological study.

b. The use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.

(11) TRANSPLANT or TRANSPLANTATION. Organs, tissues, or cells taken from the body for grafting into another individual or transference of an organ, tissues, or cells, alive or dead, between individuals. The term does not include either of the following:

a. Diagnostic or remedial tests, procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant's mother or pathological study.

b. The use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.

(12) UNBORN INFANT. A human being in utero at any stage of development regardless of viability.

(Act 2016-140, §3.)