TITLE 31 HEALTH

9A. Woman's Right to Know, 31-9A-1 through 31-9A-8.

ARTICLE 10 DRUG REPOSITORY PROGRAM

31-9A-2. Definitions.

As used in this chapter, the term:

"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term "abortion" shall not include the use or prescription of any instrument, medicine, drug, or any other substance or device employed solely 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 unborn child who died as the result of a spontaneous abortion. The term "abortion" also shall not include the prescription or use of contraceptives.
"Medical emergency" means any condition which, in reasonable medical 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 or irreversible impairment of a major bodily function of the pregnant woman or death of the unborn child. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
"Physician" means a person licensed to practice medicine under Article 2 of Chapter 34 of Title 43.
"Probable gestational age of the unborn child" means the physician's best professional estimate of the probable gestational age of the unborn child at the time an abortion is to be performed.
"Qualified agent" means the agent of the physician who is a patient educator, licensed psychologist, licensed social worker, licensed professional counselor, licensed physician assistant, registered nurse, or physician.
"Secure Internet website" means a website that is safeguarded from having its content altered other than by the commissioner of public health.
"Unborn child" or "fetus" means a member of the species homo sapiens from fertilization until birth.

(Code 1981, §31-9A-2, enacted by Ga. L. 2005, p. 1450, § 6/HB 197; Ga. L. 2009, p. 453, § 1-6/HB 228; Ga. L. 2009, p. 859, § 3/HB 509; Ga. L. 2011, p. 705, § 6-5/HB 214; Ga. L. 2012, p. 575, § 5/HB 954.)

The 2011 amendment, effective July 1, 2011, substituted "commissioner of public health" for "commissioner of community health" in paragraph (6).

The 2012 amendment, effective May 1, 2012, for purposes of promulgating rules and regulations and effective for all other purposes on January 1, 2013, substituted the present provisions of paragraph (2) for the former provisions, which read: "'Medical emergency' means any condition which, 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 or irreversible impairment of a major bodily function."

Cross references.

- Coverage of certain abortions through certain qualified health plans prohibited, § 33-24-59.17.

Editor's notes.

- Ga. L. 2012, p. 575, § 1/HB 954, not codified by the General Assembly, provides that: "The General Assembly makes the following findings:

"(1) At least by 20 weeks after fertilization there is substantial evidence that an unborn child has the physical structures necessary to experience pain;

"(2) There is substantial evidence that, by 20 weeks after fertilization, unborn children seek to evade certain stimuli in a manner which in an infant or an adult would be interpreted as a response to pain;

"(3) Anesthesia is routinely administered to unborn children who have developed 20 weeks or more past fertilization who undergo prenatal surgery;

"(4) Even before 20 weeks after fertilization, unborn children have been observed to exhibit hormonal stress responses to painful stimuli. Such responses were reduced when pain medication was administered directly to such unborn children;

"(4.1) Probable gestational age is an estimate made to assume the closest time to which the fertilization of a human ovum occurred and does not purport to be an exact diagnosis of when such fertilization occurred; and

"(5) It is the purpose of the State of Georgia to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain."

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 253 (2012).