2013 New York Consolidated Laws
PBH - Public Health
Article 41 - VITAL STATISTICS
Title 5-A - (4164) INDUCED VIABLE BIRTHS
4164 - Induced viable births.


NY Pub Health L § 4164 (2012) What's This?
 
    §  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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