New Mexico ‘Born Alive Infant Protection’ Act (HB 37)

HB 37 would prohibit a person from denying or depriving an infant of nourishment or medical care 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 physician attempting to perform an abortion would need to 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 performed in a hospital results in a live birth, the physician attending would need to:

• provide immediate medical care to the infant;
• inform the mother of the live birth; and
• request transfer of the infant to an on-duty resident or emergency care physician who could provide medical care to the infant.

If an attempt to perform an abortion performed in a facility other than a hospital results in a live birth, a physician attending the abortion would need to provide immediate medical care to the infant and call the 911 emergency response system for an emergency transfer of the infant to a hospital that could provide medically appropriate and reasonable care and treatment to the infant.

Any “born alive” infant, including one born in 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.

Whoever intentionally performs an overt act that kills a born alive infant would be guilty of a first degree felony. Whoever intentionally attempts to perform an overt act to kill a born alive infant would be guilty of a second degree felony.

Reporting Requirements

A health care practitioner or any employee of a hospital, a physician’s office or an abortion clinic who has knowledge of a failure to comply with the above provisions would need to immediately report the failure to an appropriate state or federal law enforcement agency, or to both.

HB 37 would also create a “task force to monitor born alive births.” The task force would be required to:

• create reporting guidelines for each born alive infant incident that takes place in the state;
• assign caseworkers to perform monthly inspections and conduct staff interviews at each facility that offers elective abortions; and
• provide a yearly report of its findings to the governor and legislature.

Related Legislation

Based on model legislation drafted by Americans United for Life.

Similar to HB 275 and HM 101, both of which failed to pass in 2016.

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People

Organizations

• Americans United for Life — Drafted Model Law