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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

145.4241 DEFINITIONS.
    Subdivision 1. Applicability. As used in sections 145.4241 to 145.4249, the following
terms have the meaning given them.
    Subd. 2. Abortion. "Abortion" means the use or prescription of any instrument, medicine,
drug, or any other substance or device to intentionally terminate the pregnancy of a female known
to be pregnant, with 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 remove a dead fetus.
    Subd. 3. Attempt to perform an abortion. "Attempt to perform an abortion" means an act,
or an omission of a statutorily required act, that, under the circumstances as the actor believes
them to be, constitutes a substantial step in a course of conduct planned to culminate in the
performance of an abortion in Minnesota in violation of sections 145.4241 to 145.4249.
    Subd. 3a. Fetal anomaly incompatible with life. "Fetal anomaly incompatible with life"
means a fetal anomaly diagnosed before birth that will with reasonable certainty result in death
of the unborn child within three months. Fetal anomaly incompatible with life does not include
conditions which can be treated.
    Subd. 4. Medical emergency. "Medical emergency" means any condition that, on the basis
of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant
female 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.
    Subd. 4a. Perinatal hospice. (a) "Perinatal hospice" means comprehensive support to the
female and her family that includes support from the time of diagnosis through the time of
birth and death of the infant and through the postpartum period. Supportive care may include
maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy,
social workers, and specialty nurses.
(b) The availability of perinatal hospice provides an alternative to families for whom elective
pregnancy termination is not chosen.
    Subd. 5. Physician. "Physician" means a person licensed as a physician or osteopath under
chapter 147.
    Subd. 6. Probable gestational age of the unborn child. "Probable gestational age of the
unborn child" means what will, in the judgment of the physician, with reasonable probability, be
the gestational age of the unborn child at the time the abortion is planned to be performed.
    Subd. 7. Stable Internet Web site. "Stable Internet Web site" means a Web site that, to
the extent reasonably practicable, is safeguarded from having its content altered other than by
the commissioner of health.
    Subd. 8. Unborn child. "Unborn child" means a member of the species Homo sapiens
from fertilization until birth.
History: 2003 c 14 art 1 s 2; 2006 c 267 art 2 s 1,2

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