7. How does the ESP know if the baby is a newborn?

Agency: Health and Human Services

This law defines a newborn as "a child who a physician reasonably believes to be not more than 72 hours old". Emergency service providers must comply with the requirements of this law under the assumption that the child is a newborn. The hospital must immediately accept the newborn without the necessity of a court order. Later in the process, if a physician determines that the baby is not a newborn, a report must be made to the local office of the Department of Health and Human Services' (MDHHS) Children's Protective Services (CPS)

In brief, if the baby appears to be a newborn, follow the procedures outlined in this law.