HB 167 HEALTHCARE FOR BABIES BORN ALIVE

Rep Jenifer Marie Jones

Actions: [2] not prntd-HRC

Scheduled: Not Scheduled

 HB 167 requires certain medical actions during child birth for infants born alive. Penaltiies and monitoring by a task force are also created in this legislation. 

 Synopsis: HB 167 relates to childbirth by requiring medical care for all infants who are born alive, also defining “born alive” and “infant” and mandating reporting. Also, HB 167 enacts penalties and civil remedies and creates a task force to monitor born alive births.
Analysis: HB 167 requires medical care for all infants who are born alive.  Definitions are provided for "born alive" or "live birth"which means the birth of an infant who, whether or not the umbilical cord has been cut or the placenta is attached, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section or induced abortion, shows any evidence of life, including: (1) breathing; (2) a heartbeat; (3) umbilical cord pulsation; or (4) definite movement of voluntary muscles.
"Infant" means a child who has been completely expulsed or extracted from the child's mother, regardless of the stage of gestational development.
Certain requirements of a person are enumerated in HB167 to include: a person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason when the infant is born alive by natural or artificial means. 
 A person shall not deprive an infant who is born alive of medically appropriate and reasonable medical care and treatment or surgical care. 
The requirements of this section shall not be construed to prevent an infant's parent or guardian from refusing to give consent to medical treatment or surgical care that is not medically necessary or reasonable, including care or treatment that: (1) is not necessary to save the life of the infant; (2) has a potential risk to the infant's life or health that outweighs the potential benefit to the infant of the treatment or care; or (3) will do no more than temporarily prolong the act of dying when death is imminent.
A health care provider attempting to perform an abortion shall take all medically appropriate and reasonable steps to preserve the life and health of a born alive infant.
If an attempt to perform an abortion in a hospital the health care provider shall provide immediate medical care to the infant and inform the mother of the live birth, and transfer the infant to reasonable and appropriate medical care. 
If the abortion is performed in a facility other than a hospital, the provider is to render immediate medical care and call 911 for emergency medical attention transferring to a hospital for appropriate and reasonable care. 
Any born alive infant born during the course of an abortion procedure, shall be treated as a legal person under state law, with the same rights to medically appropriate and reasonable care and treatment. Birth and, if necessary, death certificates shall be issued according to state law. No person may use any born alive infant for scientific research. 
HB 167 requires mandatory reporting of violations by a health care practitioner or employee for the responsibilities described above.
Whoever intentionally performs an overt act that kills a born alive infant is guilty of a first degree felony resulting in the death of a child and shall be sentenced upon conviction. Whoever intentionally attempts to perform an overt act to kill a born alive infant is guilty of a second-degree felony.
Civil remedies are provided in HB167 for the woman upon whom the abortion was performed or attempted may obtain appropriate relief in a civil action against any person who committed the violation. Appropriate relief in a civil action includes: money damages, punitive damages and statutory damages.
A five member team is to be formed with three representatives from the Department of Health and two from the Children, Youth and Families Department to report each infant born alive in an abortion clinic and the measures taken at required above. A report is to be constructed to report their findings.
Finally, the Department of Health shall perform monthly inspections and conduct staff interviews at each facility in New Mexico that offers elective abortions to determine whether appropriate measures and care are being given to each infant born alive in the course of an abortion procedure and whether the reporting guidelines are being followed.