TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 329
PHYSICIANS AND SURGEONS

Partial-Birth Abortion Ban Act

Section 329:33

    329:33 Definitions. –
In this subdivision:
I. "Department" means the department of health and human services.
II. "Medical facility" means any licensed public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person.
III. "Partial-birth abortion" means an abortion in which the person performing the abortion:
(a) Deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and
(b) Performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.
IV. "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery licensed by the state in which the doctor performs such activity, or any other individual legally authorized by the state to perform abortions; provided, however, that any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this subdivision.

Source. 2012, 283:2, eff. Jan. 1, 2013.