Definitions

For purposes of this Chapter, the following words and phrases are defined to mean:

(a)The term partial-birth abortion means an abortion in which the person performing the abortion:

(1)deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside of the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially-delivered living fetus; and

(2)performs the overt act, other than completion of delivery, that kills the partially-delivered living fetus.

(b)The term physician means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the Guam Board of Medical Examiners in which the doctor performs such activity, or any other individual legally authorized by the Guam Board of Medical Examiners to perform abortions; provided, however, that any individual who is not a physician or not otherwise legally authorized by the Guam Board of Medical Examiners to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this COL 040209 CH. 91A THE P ARTIAL-B IRTH ABORTION B AN ACT OF 2008 Section.