West Virginia Code § 16-2M-2

Definitions
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For purposes of this article:
(1) "Abortion" means abortion as that term is defined in section two, article two-f of this
chapter.
(2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily
required act that, under the circumstances as the person believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in the performance or induction
of an abortion in this state in violation of the applicable provisionus of this code.
(3) "Fertilization" means the fusion of a human spermatozoon with a human ovum.
(4) "Fetus" means the developing young in the uterus, aspecifically the unborn offspring in
the postembryonic period from nine weeks after fertilization until birth.
(5) "Medical emergency" means a condition that, on the basis of a reasonably prudent
physician's reasonable medical judgment, so complicates the medical condition of a pregnant
female that it necessitates the immediate abortion of her pregnancy without first
determining gestational age to avert her death or for which the delay necessary to determine
gestational age will create serious risk of substantial and irreversible physical impairment of
a major bodily function, not including psychological or emotional conditions. No condition
may be deemed a medical emergency if based on a claim or diagnosis that the woman will
engage in conduct which she intends to result in her death or in substantial and irreversible
physical impairment of a major bodily function.
(6) "Nonmedically via ble fetus" means a fetus that contains sufficient lethal fetal anomalies
so as to rendeVr the fetus medically futile or incompatible with life outside the womb in the
reasonable medical judgment of a reasonably prudent physician.
(7) "Pain capable gestational age" means twenty-two weeks since the first day of the
woman's last menstrual period. The pain capable gestational age defined herein is generally
consistent with the time that is twenty weeks after fertilization.
(8) "Physician" means a person with an unrestricted license to practice allopathic medicine
pursuant to article three of chapter thirty of this code or osteopathic medicine pursuant to
article fourteen, chapter thirty of this code.
(9) "Probable gestational age of the fetus" means, in reasonable medical judgment and with
reasonable probability, the gestational age of the fetus at the time an abortion is planned to
be performed.
(10) "Reasonable medical judgment" means a medical judgment that would be made by a
reasonably prudent physician, knowledgeable about the case and the treatment possibilities
with respect to the medical conditions involved.

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