Section 165.7 - DefinitionsThe following words and terms, when used in this section, shall have the following meanings:
(1) "Abortion" means the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant. The term does not include birth control devices or oral contraceptives. An act is not an abortion if the act is done with the intent to:(A) save the life or preserve the health of an unborn child;(B) remove a dead, unborn child whose death was caused by spontaneous abortion; or(C) remove an ectopic pregnancy. This definition is found at Chapter 245, § 245.002(1) of the Texas Health and Safety Code.
(2) "Reasonable medical judgment" means medical judgment made by a reasonably prudent physician, knowledgeable about a case and the treatment possibilities for the medical conditions involved. This definition is found at Chapter 170A, §170A.001(4) of the Texas Health and Safety Code.(3) "Medical emergency" means a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed. This definition is found at Chapter 171, § 171.002(3) of the Texas Health and Safety Code.(4) "Major bodily function" includes but is not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. This definition is found at Chapter 21, §21.002(11-a) of the Texas Labor Code.22 Tex. Admin. Code § 165.7
Adopted by Texas Register, Volume 49, Number 28, July 12, 2024, TexReg 5142, eff. 7/17/2024