36-2281. Infants; nutritional and medical denial or deprivation prohibited; definition
A. A person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason including:
1. The infant was born with a disability.
2. The infant is not wanted by the parent, parents or guardian.
3. The infant is born alive by natural or artificial means.
B. A person shall not deprive an infant of necessary lifesaving medical treatment or surgical care.
C. This section shall not be construed to prevent an infant's parent, parents or guardian from refusing to give consent to medical treatment or surgical care which is not medically necessary, including care or treatment which either:
1. Is not necessary to save the life of the infant.
2. Has a potential risk to the infant's life or health that outweighs the potential benefit to the infant of the treatment or care.
3. Is futile treatment or treatment that will do no more than temporarily prolong the act of dying when death is imminent.
D. In determining whether any of the possible medical treatments will be medically necessary for an infant, reasonable medical judgments in selecting among alternative courses of treatment shall be respected.
E. In this article, " infant" means a child less than one year of age.
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