New York Consolidated Laws, Public Health Law - PBH § 4164. Induced viable births




1. When an abortion is to be performed after the twelfth week of pregnancy it shall be performed only in a hospital and only on an in-patient basis.  When an abortion is to be performed after the twentieth week of pregnancy, a physician other than the physician performing the abortion shall be in attendance to take control of and to provide immediate medical care for any live birth that is the result of the abortion.  The commissioner of health is authorized to promulgate rules and regulations to insure the health and safety of the mother and the viable child, in such instances.

2. Such child shall be accorded immediate legal protection under the laws of the state of New York, including but not limited to applicable provisions of the social services law, article five of the civil rights law and the penal law.

3. The medical records of all life-sustaining efforts put forth for such a live aborted birth, their failure or success, shall be kept by attending physician.  All other vital statistics requirements in the public health law shall be complied with in regard to such aborted child.

4. In the event of the subsequent death of the aborted child, the disposal of the dead body shall be in accordance with the requirements of this chapter.





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