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ARTICLES:
J. Colin Partridge, Mya D. Sendowski, Eleanor A. Drey, and Alma M. Martinez
Resuscitation of Likely Nonviable Newborns: Would Neonatology Practices in California Change if the Born-Alive Infants Protection Act Were Enforced?
Pediatrics 2009; 123: 1088-1094 [Abstract] [Full text] [PDF]
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[Read eLetters] A minor clarification needed
Arthur A Strauss   (8 April 2009)

A minor clarification needed 8 April 2009
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Arthur A Strauss,
Neonatologist
Miller Children's Hospital, Long Beach CA

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Re: A minor clarification needed

astrauss{at}memorialcare.org Arthur A Strauss

I applaud the authors for their thorough review of the Born-Alive Infants Protection Act (BAIPA) and implications of potential future enforcement of the provisions enacted. The results of a similiar survey of neonatologists regarding the Baby Doe regulations passed during the Reagan administration (another pro-life, but misguided executive-Congressional tag-team attempt to practice medicine) indicate that the primary result of enforcement would be the burdensome practice of resuscitating non-viable infants for fear of prosecution or other sanctions. The authors needed to amplify the setting that the act involved in order to avoid misinterpreting any requirement to perform a screening exam and possible resuscitation - BAIPA only applies to the outpatient/ER setting. Mothers admitted to perinatal services for in- patient care with gestational estimates consistent with non-viability (generally less than 24 weeks/500 grams) are not subject to the provisions of BAIPA. Our hospital attorney clarified the pertinent facts to our obstetric and neonatology sections several years ago to proactively prevent inappropriate intervention and overtreatment that occurred due to the infamous Baby Doe regulations over 20 years ago.

Conflict of Interest:

None declared