As used in this subpart:

1. (1)

   1. (A) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device or means with the intent to terminate the clinically diagnosable pregnancy of a woman known to be pregnant, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child, 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 unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and that causes the premature termination of the pregnancy.

   2. (B) An act under this section is not an abortion if the act is performed with the intent to:

      1. (i) Save the life or preserve the health of the unborn child or the pregnant woman;
      2. (ii) Remove a dead unborn child caused by spontaneous abortion;
      3. (iii) Remove an ectopic pregnancy; or
      4. (iv) Treat a maternal disease or illness for which the prescribed drug is indicated;

2. (2)

   1. (A) “Abortion-inducing drug” means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child.
   2. (B) “Abortion-inducing drugs” includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate.
   3. (C) This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs.
   4. (D) Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion;

3. (3) “Adverse event” means an undesirable experience associated with the use of a medical product in a patient, including without limitation an event that causes:

   1. (A) Death;
   2. (B) Threat to life;
   3. (C) Hospitalization;
   4. (D) Disability or permanent damage;
   5. (E) Congenital anomaly or birth defect, or both;
   6. (F) Required intervention to prevent permanent impairment or damage; or

   7. (G) Other serious important medical events, including without limitation:

      1. (i) Allergic bronchospasm requiring treatments in an emergency room;
      2. (ii) Serious blood dyscrasias;
      3. (iii) Seizures or convulsions that do not result in hospitalization; and
      4. (iv) The development of drug dependence or drug abuse;
4. (4) “Attempt to perform or induce an abortion” means an act or an omission of a statutorily required act that, under the circumstances as the physician believes them to be, constitutes a substantial step toward the performance or induction of an abortion in violation of this section;

5. (5)

   1. (A) “Chemical abortion” means the use, provision, prescription, or dispensation of a medicine, drug, or any other substance used, provided, prescribed, or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child.
   2. (B) “Chemical abortion” includes the off-label use of drugs known to have abortion-inducing properties which are prescribed specifically with the intent of causing an abortion, such as misoprostol and methotrexate.
   3. (C) “Chemical abortion” does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indications;
6. (6) “Conception” means the fusion of a human spermatozoon with a human ovum;
7. (7) “Emancipated minor” means a person under eighteen (18) years of age who is or has been married or who has been legally emancipated;
8. (8) “Facility” means a public or private hospital, clinic, center, medical school, medical training institution, healthcare facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location where medical care is provided to a person;
9. (9) “Final printed labeling” means the United States Food and Drug Administration-approved informational document for an abortion-inducing drug which outlines the protocol authorized by the United States Food and Drug Administration and agreed upon by the drug company applying for United States Food and Drug Administration authorization of that drug;
10. (10) “First trimester” means the first twelve (12) weeks of gestation;
11. (11) “Gestational age” means the time that has elapsed since the first day of the woman’s last menstrual period or as stated in Acts 2013, No. 171, which prohibits abortions after twenty (20) weeks, which also uses the term “post-fertilization” age;
12. (12) “Hospital” means any institution licensed as a hospital pursuant to the laws of this state;
13. (13) “Medical emergency” means that condition which, on the basis of the physician’s good-faith clinical judgment, complicates the medical condition of a pregnant woman and necessitates the immediate termination 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;
14. (14) “Mifeprex regimen” means the abortion-inducing drug regimen that involves administration of mifepristone or the brand name Mifeprex and misoprostol which is the only abortion-inducing drug regimen approved by the United States Food and Drug Administration and is also known as the RU-486 regimen or simply RU-486;
15. (15) “Mifepristol” means the second drug used in the Mifeprex regimen;
16. (16) “Mifepristone” means the specific abortion-inducing drug regimen known as RU-486 and the first drug used in the Mifeprex regimen;
17. (17) “Physician” means any person licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, Arkansas Code § 17-95-201 et seq., Arkansas Code § 17-95-301 et seq., and Arkansas Code § 17-95-401 et seq., including medical doctors and doctors of osteopathy;
18. (18) “Pregnant” or “pregnancy” means that female reproductive condition of having an unborn child in the woman’s uterus;

19. (19) “Qualified person” means an agent of the physician who is a:

    1. (A) Psychologist;
    2. (B) Licensed social worker;
    3. (C) Licensed professional counselor;
    4. (D) Registered nurse;
    5. (E) Physician assistant; or
    6. (F) Physician;
20. (20) “Unborn child” means the offspring of human beings from conception until birth; and
21. (21) “Viability” means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.