(1) "Partial-birth abortion" means an abortion in which the person performing the abortion:
(A) Purposely vaginally delivers a living human fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the female or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the female, for the purpose of performing an overt act that the person knows will kill the partially delivered living human fetus; and
(B) Performs the overt act, other than completion of delivery of a living human fetus, that kills the partially delivered living human fetus; and
(2)
(A) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery in this state, or any other individual legally authorized by the state to perform abortions.
(B) However, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions but who nevertheless directly performs a partial-birth abortion is subject to this subchapter.
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