§ 29.35. Abortion after viability.
(a) Prior to performing any abortion upon a woman subsequent to her first trimester of pregnancy, the physician shall determine whether, in his good faith judgment, the child is viable. When a physician has determined that a child is viable, he shall report the basis for his determination that the abortion is necessary to preserve maternal life or health. When a physician has determined that a child is not viable, he shall report the basis for such determination.
(b) Every person who performs or induces an abortion after an unborn child has been determined to be viable shall exercise that degree of professional skill, care, and diligence which such person would be required to exercise in order to preserve the life and health of any unborn child intended to be born and not aborted; and the abortion technique employed shall be that which would provide the best opportunity for the unborn child to be aborted alive unless, in the good faith judgment of the physician, that method or technique would present a significantly greater medical risk to the life or health of the pregnant woman than would another available method or technique and the physician reports the basis for his judgment. The potential psychological or emotional impact on the mother of the unborn child’s survival shall not be deemed a medical risk to the mother. Any person who intentionally, knowingly, or recklessly violates the provisions of this subsection commits a felony of the third degree.
(c) Any person who intends to perform an abortion the method chosen for which, in his good faith judgment, does not preclude the possibility of the child surviving the abortion, shall arrange for the attendance, in the same room in which the abortion is to be completed, of a second physician. Immediately after the complete expulsion or extraction of the child, the second physician shall take control of the child and shall provide immediate medical care for the child, taking all reasonable steps necessary, in his judgment, to preserve the child’s life and health. Any person who intentionally, knowingly, or recklessly violates the provisions of this subsection commits a felony of the third degree.
(d) All physicians and 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 knowingly violates the provisions of this subsection commits a felony of the third degree.
Cross References This section cited in 28 Pa. Code § 29.38 (relating to reports).
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