(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).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Section 3201 - Short title of chapter
Section 3202 - Legislative intent
Section 3204 - Medical consultation and judgment
Section 3205 - Informed consent
Section 3206 - Parental consent
Section 3207 - Abortion facilities
Section 3208 - Printed information
Section 3208.1 - Commonwealth interference prohibited
Section 3210 - Determination of gestational age
Section 3211 - Abortion on unborn child of 24 or more weeks gestational age
Section 3213 - Prohibited acts
Section 3215 - Publicly owned facilities; public officials and public funds
Section 3216 - Fetal experimentation
Section 3217 - Civil penalties
Section 3218 - Criminal penalties
Section 3219 - State Board of Medicine; State Board of Osteopathic Medicine