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65-6754. Duty to preserve life and health of child born alive during abortion or attempted abortion; obligation to report failure of duty to law enforcement, when. (a) In the event an abortion or attempted abortion results in a child being born alive, any healthcare provider present at the time the child is born alive shall:

(1) Exercise the same degree of professional skill, care and diligence to preserve the life and health of the child as a reasonably diligent and conscientious healthcare provider would render to any other child born alive at the same gestational age; and

(2) ensure that the child who is born alive is immediately transported to a hospital.

(b) Any healthcare provider or any employee of a medical care facility who has knowledge of a failure to comply with the requirements of subsection (a) shall immediately report such failure to an appropriate law enforcement agency.

History: L. 2023, ch. 85, ยง 4; July 1.


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