§ 16-21-2-17 — "Born alive"; hospital duties; determination of perinatal level of care; penalties; discipline

(a) As used in this section, "born alive"
means the complete expulsion or extraction from the infant's mother,
at any stage of development or gestational age, of an infant who after
the expulsion or extraction:
(1) breathes;
(2) has a beating heart or pulsation of the umbilical cord; or
(3) has a definite movement of voluntary muscles;
regardless of whether the umbilical cord has been cut or whether the
expulsion or extraction occurs as a result of natural or induced labor,
cesarean section, or induced abortion.
(b) If a woman who is in premature labor presents to a hospital, the
hospital must inform the woman of the hospital's capabilities of treating
the born alive infant and managing a high risk pregnancy. If the
hospital does not have the capability to treat the premature born alive
infant or the ability to manage a high risk pregnancy, the hospital must
provide the woman options to get to a hospital with the appropriate
level of care under the perinatal level of care designation established
under IC 16-21-13.
(c) A hospital must provide:
(1) a medical screening examination; and
(2) any needed stabilizing treatment;
to an infant who is born alive, including born prematurely or with a
disability, or a woman who is in premature labor.
(d) After a hospital has provided a medical screening examination
under subsection (c)(1), the hospital must inform:
(1) a parent of the born alive infant of the:
(A) infant's treatment options; and
(B) hospital's determination of the appropriate level of care
under the perinatal level of care designation established under
IC 16-21-13; and
(2) the woman who is in premature labor of the:
(A) woman's treatment options; and
(B) hospital's determination of the appropriate level of care
under the perinatal level of care designation established under
IC 16-21-13.
(e) Subject to the requirements under the federal Emergency
Medical Treatment and Labor Act, a hospital shall determine what
perinatal level of care under IC 16-21-13 is appropriate for the born
alive infant and mother and arrange for transport consistent with
requirements adopted under IC 16-21-13-5.
(f) A hospital that violates this section is subject to the penalties
under IC 16-21-3-1.
(g) A health care provider who is:
(1) licensed or certified under IC 25;
(2) employed or under contract with a hospital; and
(3) responsible for providing treatment or an examination to a
born alive infant or woman with a high risk pregnancy under this
chapter;
is subject to the standards of practice under IC 25-1-9. A health care
provider who violates the standards of practice is subject to disciplinary
sanctions under IC 25-1-9-9.

Legislative History

As added by P.L.198-2021, SEC.11.