Doctors Are Warned on Fetus Care
Guidelines Are Issued on Born-Alive Infants Protection Act
By Ceci Connolly
Washington Post Staff Writer
Saturday, April 23, 2005; Page A07

The Bush administration issued guidelines yesterday advising physicians and hospitals that under a 2002 law they are obligated to care for fetuses "born alive" naturally or in the process of an abortion, and medical providers could face penalties for withholding treatment.

The law, signed by President Bush nearly three years ago, conferred legal rights on fetuses "at any stage of development." It specifies that a fetus that is breathing, has a beating heart, a pulsating umbilical cord or muscle movement should be considered alive and entitled to protection under federal emergency medical laws and child abuse statutes.

Several physicians interviewed yesterday said that definition appeared overly broad, as muscle twitching can occur after death.

Initially, the Department of Health and Human Services did not see the need to issue guidance on the Born-Alive Infants Protection Act. But shortly after his confirmation in January, Health and Human Services Secretary Mike Leavitt said he "received several inquiries on whether" the department was planning to develop regulations.

"As a matter of law and policy, the U.S. Department of Health and Human Services will investigate all circumstances where individuals and entities are reported to be withholding medical care from an infant born alive in potential violation of federal statutes for which we are responsible," Leavitt said in yesterday's press release.