2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
3212 - Infanticide.

     § 3212.  Infanticide.
        (a)  Status of fetus.--The law of this Commonwealth shall not
     be construed to imply that any human being born alive in the
     course of or as a result of an abortion or pregnancy
     termination, no matter what may be that human being's chance of
     survival, is not a person under the Constitution and laws of
     this Commonwealth.
        (b)  Care required.--All physicians and licensed medical
     personnel attending a child who is born alive during the course
     of an abortion or premature delivery, or after being carried to
     term, shall provide such child that type and degree of care and
     treatment which, in the good faith judgment of the physician, is
     commonly and customarily provided to any other person under
     similar conditions and circumstances. Any individual who
     intentionally, knowingly or recklessly violates the provisions
     of this subsection commits a felony of the third degree.
        (c)  Obligation of physician.--Whenever the physician or any
     other person is prevented by lack of parental or guardian
     consent from fulfilling his obligations under subsection (b), he
     shall nonetheless fulfill said obligations and immediately
     notify the juvenile court of the facts of the case. The juvenile
     court shall immediately institute an inquiry and, if it finds
     that the lack of parental or guardian consent is preventing
     treatment required under subsection (b), it shall immediately
     grant injunctive relief to require such treatment.
     (Nov. 17, 1989, P.L.592, No.64, eff. 60 days)

        1989 Amendment.  Act 64 amended subsec. (b).

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