Indiana Code 16-21-2-17. “Born alive”; hospital duties; determination of perinatal level of care; penalties; discipline
(1) breathes;
Terms Used In Indiana Code 16-21-2-17
- Contract: A legal written agreement that becomes binding when signed.
(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.
As added by P.L.198-2021, SEC.11.