Laws in at least 18 states specifically exclude the removal of an ectopic pregnancy from the definition of the term abortion.
Alabama
The term “abortion,” when used in the Code of Alabama 1975, or in the Alabama Administrative Code, shall not be construed to include any procedure to terminate an ectopic pregnancy, unless the statutory provision or rule expressly states that it is intended to apply to a procedure to terminate an ectopic pregnancy.
Citation: Code of Ala. § 26-23D-1(b)
See also: Code of Ala. §§ 26-21-2(3), 26-23E-3(1), 26-23F-3(1), 26-23H-3(1), and 26-23I-2(b)(1)
Arizona
“Abortion” means the use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will cause, with reasonable likelihood, the death of the unborn child. Abortion does not include birth control devices, oral contraceptives used to inhibit or prevent ovulation, conception or the implantation of a fertilized ovum in the uterus or the use of any means to save the life or preserve the health of the unborn child, to preserve the life or health of the child after a live birth, to terminate an ectopic pregnancy or to remove a dead fetus.
Citation: A.R.S. § 36-2151(1)
See also: A.R.S. §§ 36-449.01(1) and 36-2155(B)(2)
Arkansas
“Abortion” means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.(B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to:
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion; or
(iii) Remove an ectopic pregnancy;
Citation: A.C.A. § 5-61-303(1)
See also: A.C.A. §§ 5-61-403(1), 6-18-2202(1), 12-18-103(2), 20-9-302(a)(1)(C)(i), 20-16-602(b)(1), 20-16-604(a)(1), 20-16-803(1), 20-16-1503(1), 20-16-1601(1), 20-16-1702(1), 20-16-1903(1), 20-16-2003(1), 20-16-2102(1), 20-16-2303(1), 20-16-2402(1), and 25-1-601(1)
Georgia
“Abortion” means the act of using, prescribing, or administering any instrument, substance, device, or other means with the purpose to terminate a pregnancy with knowledge that termination will, with reasonable likelihood, cause the death of an unborn child; provided, however, that any such act shall not be considered an abortion if the act is performed with the purpose of:
(A) Removing a dead unborn child caused by spontaneous abortion; or
(B) Removing an ectopic pregnancy.
Citation: O.C.G.A. § 16-12-141(a)(1)
Idaho
“Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, remove a dead unborn child caused by spontaneous abortion, or remove an ectopic pregnancy.
Citation: Idaho Code § 18-8702(1)
Kansas
(1) “Abortion” means the use or prescription of any instrument, medicine, drug or any other means to terminate the pregnancy of a woman knowing that such termination will, with reasonable likelihood, result in the death of the unborn child.
(2) Such use or prescription is not an “abortion” if done with the intent to:
(A) Preserve the life or health of the unborn child;
(B) increase the probability of a live birth;
(C) remove a dead unborn child who died as the result of natural causes in utero, accidental trauma or a criminal assault on the pregnant woman or the unborn child; or
(D) remove an ectopic pregnancy.
(3) “Abortion” does not include the prescription, dispensing, administration, sale or use of any method of contraception.
Citation: K.S.A. § 65-6701(a)
Kentucky
“Abortion” has the same meaning as in KRS 311.720. However, as used in KRS 311.821 to 311.827, an abortion shall not include the use of any means to terminate the pregnancy of a woman if done with an intent to:
(a) Save the life or preserve the health of the unborn child;
(b) Remove a dead unborn child caused by spontaneous abortion; or
(c) Remove an ectopic pregnancy;
Citation: KRS § 311.821(1)
Louisiana
(a) “Abortion” or “induced abortion” means the performance of any act with the intent to terminate a clinically diagnosable pregnancy with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child by one or more of the following means:
(i) Administering, prescribing, or providing any abortion-inducing drug, potion, medicine, or any other substance, device, or means to a pregnant female.
(ii) Using an instrument or external force on a pregnant female.
(b) Abortion shall not mean any one or more of the following acts, if performed by a physician:
(i) A medical procedure performed with the intention to save the life or preserve the health of an unborn child.
(ii) The removal of a dead unborn child or the inducement or delivery of the uterine contents in case of a positive diagnosis, certified in writing in the woman’s medical record along with the results of an obstetric ultrasound test, that the pregnancy has ended or is in the unavoidable and untreatable process of ending due to spontaneous miscarriage, also known in medical terminology as spontaneous abortion, missed abortion, inevitable abortion, incomplete abortion, or septic abortion.
(iii) The removal of an ectopic pregnancy.
(iv) The use of methotrexate to treat an ectopic pregnancy.
(v) The performance of a medical procedure necessary in good faith medical judgment or reasonable medical judgment to prevent the death or substantial risk of death to the pregnant woman due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with reasonable medical practice.
(vi) The removal of an unborn child who is deemed to be medically futile. The diagnosis shall be a medical judgment certified by two qualified physicians and recorded in the woman’s medical record. The medical procedure shall be performed in a licensed ambulatory surgical center or hospital. Upon the completion of the procedure, the physician shall submit an individual abortion report consistent with R.S. 40:1061.21 that includes appropriate evidence of the certified diagnosis.
Citation: La. R.S. § 14:87.1(1)
Michigan
“Elective abortion” means the intentional use of an instrument, drug, or other substance or device to terminate a woman’s pregnancy for a purpose 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 fetus that has died as a result of natural causes, accidental trauma, or a criminal assault on the pregnant woman. Elective abortion does not include any of the following:
(i) The use or prescription of a drug or device intended as a contraceptive.
(ii) The intentional use of an instrument, drug, or other substance or device by a physician to terminate a woman’s pregnancy if the woman’s physical condition, in the physician’s reasonable medical judgment, necessitates the termination of the woman’s pregnancy to avert her death.
(iii) Treatment on a pregnant woman who is experiencing a miscarriage or has been diagnosed with an ectopic pregnancy.
Citation: MCLS § 333.2690(4)(a)
See also: MCLS § 550.551(a)
Mississippi
“Abortion” means the use or prescription of an instrument, medicine, drug, or other substance or device with the intent to terminate a clinically diagnosable pregnancy for reasons other than to increase the probability of a live birth, to preserve the life or health of the unborn human being, to terminate an ectopic pregnancy, or to remove a dead unborn human being.
Citation: Miss. Code Ann. § 41-41-405(a)
See also: Miss. Code Ann. §§ 41-41-105(b) and 41-41-191(3)(a)
Montana
“Abortion” means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that termination by those means will with reasonable likelihood cause the death of the unborn child. The term does not include an act to terminate a pregnancy with the intent to:
(a) save the life or preserve the health of the unborn child;
(b) remove a dead unborn child caused by spontaneous abortion;
(c) remove an ectopic pregnancy; or
(d) treat a maternal disease or illness for which the prescribed drug is indicated.
Citation: 50-20-703, MCA, Subsection (1)
Nebraska
Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to:
(a) Save the life or preserve the health of an unborn child;
(b) Remove a dead unborn child caused by a spontaneous abortion; or
(c) Remove an ectopic pregnancy;
Citation: R.R.S. Neb. § 71-6901
New Hampshire
“Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention 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 an ectopic pregnancy or the products from a spontaneous miscarriage.
Citation: RSA 132:32(I)
See also: RSA 329:43(I)
North Dakota
“Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable intrauterine pregnancy of a woman, including the elimination of one or more unborn children in a multifetal pregnancy, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to:
a. Save the life or preserve the health of the unborn child;
b. Remove a dead unborn child caused by spontaneous abortion; or
c. Treat a woman for an ectopic pregnancy.
Citation: N.D. Cent. Code, § 14-02.1-02(1)
See also: N.D. Cent. Code, § 23-16-14
Oklahoma
“Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous miscarriage, accidental trauma, or a criminal assault on the pregnant female or her unborn child;
Citation: 63 Okl. St. § 1-730(A)(1)
See also: 63 Okl. St. §§ 1-729a(B)(2), 1-738.7(1), 1-738j(A)(1), 1-745.31(1), 1-746.1(1), 1-756.2(1), and 1-757.2(1)
Tennessee
“Abortion”:
(A) Means the elective use or prescription of an instrument, medicine, drug, or other substance, or device, with the intent to terminate the clinically diagnosable pregnancy of a patient, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child; and
(B) Does not mean an act to terminate a pregnancy with the intent to:
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion;
(iii) Remove an ectopic pregnancy; or
(iv) Treat a maternal disease or illness for which the prescribed drug is indicated;
Citation: Tenn. Code Ann. § 63-6-1102(1)
See also: Tenn. Code Ann. § 49-6-1303(c)(3)
Texas
“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.
Citation: Tex. Health & Safety Code § 245.002(1)
Utah
(a) “Abortion” means:
(i) the intentional termination or attempted termination of human pregnancy after implantation of a fertilized ovum through a medical procedure carried out by a physician or through a substance used under the direction of a physician;
(ii) the intentional killing or attempted killing of a live unborn child through a medical procedure carried out by a physician or through a substance used under the direction of a physician; or
(iii) the intentional causing or attempted causing of a miscarriage through a medical procedure carried out by a physician or through a substance used under the direction of a physician.
(b) “Abortion” does not include:
(i) removal of a dead unborn child;
(ii) removal of an ectopic pregnancy; or
(iii) the killing or attempted killing of an unborn child without the consent of the pregnant woman, unless:
(A) the killing or attempted killing is done through a medical procedure carried out by a physician or through a substance used under the direction of a physician; and
(B) the physician is unable to obtain the consent due to a medical emergency.
Citation: Utah Code Ann. § 76-7-301(1)
See also: Utah Code Ann. §§ 76-7a-101(1), 58-67-304(3), and Utah Code Ann. § 58-68-304(3)