Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part III - Prevention of Diseases › Chapter 29 - MISCELLANEOUS HEALTH PROVISIONS › Subchapter D - AMBULATORY GYNECOLOGICAL SURGERY IN HOSPITALS AND CLINICS › Section 29.35 - Abortion after viability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to
				  performing any abortion upon a woman subsequent to her first trimester of
				  pregnancy, the physician shall determine whether, in his good faith judgment,
				  the child is viable. When a physician has determined that a child is viable, he
				  shall report the basis for his determination that the abortion is necessary to
				  preserve maternal life or health. When a physician has determined that a child
				  is not viable, he shall report the basis for such determination.
(b) Every person who performs or induces an
				  abortion after an unborn child has been determined to be viable shall exercise
				  that degree of professional skill, care, and diligence which such person would
				  be required to exercise in order to preserve the life and health of any unborn
				  child intended to be born and not aborted; and the abortion technique employed
				  shall be that which would provide the best opportunity for the unborn child to
				  be aborted alive unless, in the good faith judgment of the physician, that
				  method or technique would present a significantly greater medical risk to the
				  life or health of the pregnant woman than would another available method or
				  technique and the physician reports the basis for his judgment. The potential
				  psychological or emotional impact on the mother of the unborn child's survival
				  shall not be deemed a medical risk to the mother. Any person who intentionally,
				  knowingly, or recklessly violates the provisions of this subsection commits a
				  felony of the third degree.
(c) Any
				  person who intends to perform an abortion the method chosen for which, in his
				  good faith judgment, does not preclude the possibility of the child surviving
				  the abortion, shall arrange for the attendance, in the same room in which the
				  abortion is to be completed, of a second physician. Immediately after the
				  complete expulsion or extraction of the child, the second physician shall take
				  control of the child and shall provide immediate medical care for the child,
				  taking all reasonable steps necessary, in his judgment, to preserve the child's
				  life and health. Any person who intentionally, knowingly, or recklessly
				  violates the provisions of this subsection commits a felony of the third
				  degree.
(d) All physicians and
				  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 knowingly
				  violates the provisions of this subsection commits a felony of the third
				  degree.
This section cited in 28 Pa. Code §
												29.38 (relating to
						reports).