Louisiana Revised Statutes 40:48 – Abortions (induced termination of pregnancy); birth and death certificates
Terms Used In Louisiana Revised Statutes 40:48
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- File: means the presentation of a vital record provided for in this Chapter for registration by the vital records registry. See Louisiana Revised Statutes 40:32
- Institution: means any establishment, public or private, which provides inpatient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law. See Louisiana Revised Statutes 40:32
- Live birth: means a birth in which the child shows evidence of life after complete birth. See Louisiana Revised Statutes 40:32
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Physician: means a person authorized under the laws of this state to practice medicine. See Louisiana Revised Statutes 40:32
- Vital records registry: means a central registry as provided for in Louisiana Revised Statutes 40:32
A. Whenever an abortion procedure results in a live birth, a birth certificate shall be issued certifying the birth of said born human being even though said human being may thereafter die. For the purposes of this Section a human being is live born, or there is a live birth, whenever there is the complete expulsion or extraction from its mother of a human embryo or fetus, irrespective of the duration of pregnancy, which after such separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or movement of the voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. In the event death does ensue after a short time, a death certificate shall be issued. Both the birth and the death certificates shall be issued in accordance with the provisions of this Part and of rules and regulations of the Louisiana Department of Health.
B. Each induced termination of pregnancy which occurs in this state shall be reported to the vital records registry within fifteen days by the person in charge of the institution in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the report.
Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.