-CITE-

    45 CFR Sec. 46.203

-EXPCITE-

    Title 45
    SUBTITLE A
    PART 46
    Subpart B

-HEAD-

    Sec. 46.203 Definitions.

-TEXT-

      As used in this subpart:
      (a) 'Secretary' means the Secretary of Health and Human Services
    and any other officer or employee of the Department of Health and
    Human Services to whom authority has been delegated.
      (b) 'Pregnancy' encompasses the period of time from confirmation
    of implantation (through any of the presumptive signs of pregnancy,
    such as missed menses, or by a medically acceptable pregnancy
    test), until expulsion or extraction of the fetus.
      (c) 'Fetus' means the product of conception from the time of
    implantation (as evidenced by any of the presumptive signs of
    pregnancy, such as missed menses, or a medically acceptable
    pregnancy test), until a determination is made, following expulsion
    or extraction of the fetus, that it is viable.
      (d) 'Viable' as it pertains to the fetus means being able, after
    either spontaneous or induced delivery, to survive (given the
    benefit of available medical therapy) to the point of independently
    maintaining heart beat and respiration.  The Secretary may from
    time to time, taking into account medical advances, publish in the
    Federal Register guidelines to assist in determining whether a
    fetus is viable for purposes of this subpart.  If a fetus is viable
    after delivery, it is a premature infant.
      (e) 'Nonviable fetus' means a fetus ex utero which, although
    living, is not viable.
      (f) 'Dead fetus' means a fetus ex utero which exhibits neither
    heartbeat, spontaneous respiratory activity, spontaneous movement
    of voluntary muscles, nor pulsation of the umbilical cord (if still
    attached).
      (g) 'In vitro fertilization' means any fertilization of human ova
    which occurs outside the body of a female, either through admixture
    of donor human sperm and ova or by any other means.
    (40 FR 33528, Aug. 8, 1975, as amended at 43 FR 1759, Jan. 11,
    1978)