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.>

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Leavitt's aides refused to say who made the inquiries or whether the> government had received any complaints of abuse or neglect involving a> just-born or aborted fetus.

The most significant impact of the 2002 law, Grimes said, was a> record-keeping change. Previously, a miscarriage before viability was> classified as a spontaneous abortion. Under the new provision, it is> recorded as a live birth followed by a neonatal death, and parents can> claim the child as a tax deduction for that year, he said.