Section 4164. Induced viable births


Latest version.
  • 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.