34-23A-1 Definition of terms.
Definition of terms.
Terms as used in this chapter mean:
"Abortion," the use of any means to intentionally terminate the pregnancy of a woman
known to be pregnant with knowledge that the termination with those means will, with
reasonable likelihood, cause the death of the fetus;
"Abortion facility," a place where abortions are performed;
"Department," the South Dakota Department of Health;
"Fetus," the biological offspring, including the implanted embryo or unborn child, of
"Fertilization," that point in time when a male human sperm penetrates the zona pellucida
of a female human ovum;
"Human being," an individual living member of the species of Homo sapiens, including
the unborn human being during the entire embryonic and fetal ages from fertilization to
"Medical emergency," any condition which, 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
"Parent," one parent or guardian of the pregnant minor or the guardian or conservator of
the pregnant woman;
"Physician," a person licensed under the provisions of chapter 36-4 or a physician
practicing medicine or osteopathy in the employ of the government of the United States
or of this state;
"Probable gestational age of the unborn child," what, in the judgment of the physician,
will with reasonable probability be the gestational age of the unborn child at the time the
abortion is planned to be performed.
SL 1973, ch 146, § 1; SL 1993, ch 249, § 1; SL 1997, ch 204, § 1; SL 2000, ch 171, § 1;
SL 2005, ch 186, § 8; SL 2005, ch 189, § 3; SL 2006, ch 182, § 1.