PRINTER'S NO. 7
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.26
Session of
2025
INTRODUCED BY HOWARD, PROBST, HANBIDGE, SANCHEZ, PIELLI, GIRAL,
VENKAT, GUENST, FIEDLER, KHAN, KINKEAD, ISAACSON, BOROWSKI,
CEPEDA-FREYTIZ, HOHENSTEIN, CIRESI, DELLOSO, SCHLOSSBERG,
SHUSTERMAN, MALAGARI, HILL-EVANS, FRANKEL, DONAHUE, DALEY,
SAPPEY, CERRATO, POWELL, OTTEN, BRIGGS AND O'MARA,
JANUARY 8, 2025
REFERRED TO COMMITTEE ON HEALTH, JANUARY 8, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses), 35 (Health and Safety)
and 40 (Insurance) of the Pennsylvania Consolidated Statutes,
in provisions relating to abortion, repealing provisions
relating to short title of chapter and to legislative intent,
further providing for definitions, repealing provisions
relating to medical consultation and judgment, to informed
consent, to parental consent, to abortion facilities, to
printed information, to Commonwealth interference prohibited,
to spousal notice, to determination of gestational age, to
abortion on unborn child of 24 or more weeks gestational age,
to infanticide, to prohibited acts and to reporting, further
providing for publicly owned facilities, public officials and
public funds and for fetal experimentation and repealing
provisions relating to civil penalties, to criminal
penalties, to State Board of Medicine and State Board of
Osteopathic Medicine and to construction; providing for
reproductive rights; repealing provisions relating to
compliance with Federal health care legislation as to
regulation of insurers and related persons generally; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 32 heading of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
CHAPTER 32
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25 [ABORTION]
REPRODUCTIVE OFFENSES
Section 2. Sections 3201 and 3202 of Title 18 are repealed:
[§ 3201. Short title of chapter.
This chapter shall be known and may be cited as the "Abortion
Control Act."
§ 3202. Legislative intent.
(a) Rights and interests.--It is the intention of the
General Assembly of the Commonwealth of Pennsylvania to protect
hereby the life and health of the woman subject to abortion and
to protect the life and health of the child subject to abortion.
It is the further intention of the General Assembly to foster
the development of standards of professional conduct in a
critical area of medical practice, to provide for development of
statistical data and to protect the right of the minor woman
voluntarily to decide to submit to abortion or to carry her
child to term. The General Assembly finds as fact that the
rights and interests furthered by this chapter are not secure in
the context in which abortion is presently performed.
(b) Conclusions.--Reliable and convincing evidence has
compelled the General Assembly to conclude and the General
Assembly does hereby solemnly declare and find that:
(1) Many women now seek or are encouraged to undergo
abortions without full knowledge of the development of the
unborn child or of alternatives to abortion.
(2) The gestational age at which viability of an unborn
child occurs has been lowering substantially and steadily as
advances in neonatal medical care continue to be made.
(3) A significant number of late-term abortions result
in live births, or in delivery of children who could survive
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30 if measures were taken to bring about breathing. Some
physicians have been allowing these children to die or have
been failing to induce breathing.
(4) Because the Commonwealth places a supreme value upon
protecting human life, it is necessary that those physicians
which it permits to practice medicine be held to precise
standards of care in cases where their actions do or may
result in the death of an unborn child.
(5) A reasonable waiting period, as contained in this
chapter, is critical to the assurance that a woman elect to
undergo an abortion procedure only after having the fullest
opportunity to give her informed consent thereto.
(c) Construction.--In every relevant civil or criminal
proceeding in which it is possible to do so without violating
the Federal Constitution, the common and statutory law of
Pennsylvania shall be construed so as to extend to the unborn
the equal protection of the laws and to further the public
policy of this Commonwealth encouraging childbirth over
abortion.
(d) Right of conscience.--It is the further public policy of
the Commonwealth of Pennsylvania to respect and protect the
right of conscience of all persons who refuse to obtain,
receive, subsidize, accept or provide abortions including those
persons who are engaged in the delivery of medical services and
medical care whether acting individually, corporately or in
association with other persons; and to prohibit all forms of
discrimination, disqualification, coercion, disability or
imposition of liability or financial burden upon such persons or
entities by reason of their refusing to act contrary to their
conscience or conscientious convictions in refusing to obtain,
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30 receive, subsidize, accept or provide abortions. ]
Section 3. Section 3203 of Title 18 is amended to read:
§ 3203. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Abortion." [The use of any means to terminate the
clinically diagnosable pregnancy of a woman with knowledge that
the termination by those means will, with reasonable likelihood,
cause the death of the unborn child except that, for the
purposes of this chapter, abortion shall not mean the use of an
intrauterine device or birth control pill to inhibit or prevent
ovulation, fertilization or the implantation of a fertilized
ovum within the uterus. ] A medical treatment that is intended to
terminate a diagnosable intrauterine pregnancy for a purpose
other than to produce a live birth. The term does not include:
(1) a medical treatment to remove a dead fetus or embryo
whose death was the result of a spontaneous abortion; or
(2) the use or prescription of a drug or device that
prevents pregnancy.
"Born alive." When used with regard to a human being, means
that the human being was completely expelled or extracted from
her or his mother and after such separation breathed or showed
evidence of any of the following: beating of the heart,
pulsation of the umbilical cord, definite movement of voluntary
muscles or any brain-wave activity.
["Complication." Includes but is not limited to hemorrhage,
infection, uterine perforation, cervical laceration and retained
products. The department may further define complication.
"Conscience." A sincerely held set of moral convictions
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30 arising from belief in and relation to a deity or which, though
not so derived, obtains from a place in the life of its
possessor parallel to that filled by a deity among adherents to
religious faiths.]
"Department." The Department of Health of the Commonwealth
of Pennsylvania.
["Facility" or "medical facility." Any public or private
hospital, clinic, center, medical school, medical training
institution, health care facility, physician's office,
infirmary, dispensary, ambulatory surgical treatment center or
other institution or location wherein medical care is provided
to any person.]
"Fertilization" and "conception." Each term shall mean the
fusion of a human spermatozoon with a human ovum.
["First trimester." The first 12 weeks of gestation.
"Gestational age." The age of the unborn child as calculated
from the first day of the last menstrual period of the pregnant
woman.
"Hospital." An institution licensed pursuant to the
provisions of the law of this Commonwealth.
"In vitro fertilization." The purposeful fertilization of a
human ovum outside the body of a living human female.
"Medical emergency." That condition which, on the basis of
the physician's good faith clinical judgment, so complicates the
medical condition of a pregnant woman as to necessitate the
immediate abortion of her pregnancy to avert her death or for
which a delay will create serious risk of substantial and
irreversible impairment of major bodily function.
"Medical personnel." Any nurse, nurse's aide, medical school
student, professional or any other person who furnishes, or
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30 assists in the furnishing of, medical care.
"Physician." Any person licensed to practice medicine in
this Commonwealth. The term includes medical doctors and doctors
of osteopathy.
"Pregnancy" and "pregnant." Each term shall mean that female
reproductive condition of having a developing fetus in the body
and commences with fertilization.
"Probable gestational age of the unborn child." What, in the
judgment of the attending physician, will with reasonable
probability be the gestational age of the unborn child at the
time the abortion is planned to be performed. ]
"Unborn child" and "fetus." [ Each term shall mean an
individual organism of the species homo sapiens from
fertilization until live birth. ] A fertilized human embryo or
fetus developing after implantation in a human uterus until
birth.
["Viability." That stage of fetal development when, in the
judgment of the physician based on the particular facts of the
case before him and in light of the most advanced medical
technology and information available to him, there is a
reasonable likelihood of sustained survival of the unborn child
outside the body of his or her mother, with or without
artificial support.]
Section 4. Sections 3204, 3205, 3206, 3207, 3208, 3208.1,
3209, 3210, 3211, 3212, 3213 and 3214 of Title 18 are repealed:
[§ 3204. Medical consultation and judgment.
(a) Abortion prohibited; exceptions.--No abortion shall be
performed except by a physician after either:
(1) he determines that, in his best clinical judgment,
the abortion is necessary; or
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30 (2) he receives what he reasonably believes to be a
written statement signed by another physician, hereinafter
called the "referring physician," certifying that in this
referring physician's best clinical judgment the abortion is
necessary.
(b) Requirements.--Except in a medical emergency where there
is insufficient time before the abortion is performed, the woman
upon whom the abortion is to be performed shall have a private
medical consultation either with the physician who is to perform
the abortion or with the referring physician. The consultation
will be in a place, at a time and of a duration reasonably
sufficient to enable the physician to determine whether, based
on his best clinical judgment, the abortion is necessary.
(c) Factors.--In determining in accordance with subsection
(a) or (b) whether an abortion is necessary, a physician's best
clinical judgment may be exercised in the light of all factors
(physical, emotional, psychological, familial and the woman's
age) relevant to the well-being of the woman. No abortion which
is sought solely because of the sex of the unborn child shall be
deemed a necessary abortion.
(d) Penalty.--Any person who intentionally, knowingly or
recklessly violates the provisions of this section commits a
felony of the third degree, and any physician who violates the
provisions of this section is guilty of "unprofessional conduct"
and his license for the practice of medicine and surgery shall
be subject to suspension or revocation in accordance with
procedures provided under the act of October 5, 1978 (P.L.1109,
No.261), known as the Osteopathic Medical Practice Act, the act
of December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, or their successor acts.
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30 § 3205. Informed consent.
(a) General rule.--No abortion shall be performed or induced
except with the voluntary and informed consent of the woman upon
whom the abortion is to be performed or induced. Except in the
case of a medical emergency, consent to an abortion is voluntary
and informed if and only if:
(1) At least 24 hours prior to the abortion, the
physician who is to perform the abortion or the referring
physician has orally informed the woman of:
(i) The nature of the proposed procedure or
treatment and of those risks and alternatives to the
procedure or treatment that a reasonable patient would
consider material to the decision of whether or not to
undergo the abortion.
(ii) The probable gestational age of the unborn
child at the time the abortion is to be performed.
(iii) The medical risks associated with carrying her
child to term.
(2) At least 24 hours prior to the abortion, the
physician who is to perform the abortion or the referring
physician, or a qualified physician assistant, health care
practitioner, technician or social worker to whom the
responsibility has been delegated by either physician, has
informed the pregnant woman that:
(i) The department publishes printed materials which
describe the unborn child and list agencies which offer
alternatives to abortion and that she has a right to
review the printed materials and that a copy will be
provided to her free of charge if she chooses to review
it.
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30 (ii) Medical assistance benefits may be available
for prenatal care, childbirth and neonatal care, and that
more detailed information on the availability of such
assistance is contained in the printed materials
published by the department.
(iii) The father of the unborn child is liable to
assist in the support of her child, even in instances
where he has offered to pay for the abortion. In the case
of rape, this information may be omitted.
(3) A copy of the printed materials has been provided to
the pregnant woman if she chooses to view these materials.
(4) The pregnant woman certifies in writing, prior to
the abortion, that the information required to be provided
under paragraphs (1), (2) and (3) has been provided.
(b) Emergency.--Where a medical emergency compels the
performance of an abortion, the physician shall inform the
woman, prior to the abortion if possible, of the medical
indications supporting his judgment that an abortion is
necessary to avert her death or to avert substantial and
irreversible impairment of major bodily function.
(c) Penalty.--Any physician who violates the provisions of
this section is guilty of "unprofessional conduct" and his
license for the practice of medicine and surgery shall be
subject to suspension or revocation in accordance with
procedures provided under the act of October 5, 1978 (P.L.1109,
No.261), known as the Osteopathic Medical Practice Act, the act
of December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, or their successor acts. Any physician who
performs or induces an abortion without first obtaining the
certification required by subsection (a)(4) or with knowledge or
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30 reason to know that the informed consent of the woman has not
been obtained shall for the first offense be guilty of a summary
offense and for each subsequent offense be guilty of a
misdemeanor of the third degree. No physician shall be guilty of
violating this section for failure to furnish the information
required by subsection (a) if he or she can demonstrate, by a
preponderance of the evidence, that he or she reasonably
believed that furnishing the information would have resulted in
a severely adverse effect on the physical or mental health of
the patient.
(d) Limitation on civil liability.--Any physician who
complies with the provisions of this section may not be held
civilly liable to his patient for failure to obtain informed
consent to the abortion within the meaning of that term as
defined by the act of October 15, 1975 (P.L.390, No.111), known
as the Health Care Services Malpractice Act.
§ 3206. Parental consent.
(a) General rule.--Except in the case of a medical
emergency, or except as provided in this section, if a pregnant
woman is less than 18 years of age and not emancipated, or if
she has been adjudged an incapacitated person under 20 Pa.C.S. §
5511 (relating to petition and hearing; independent evaluation),
a physician shall not perform an abortion upon her unless, in
the case of a woman who is less than 18 years of age, he first
obtains the informed consent both of the pregnant woman and of
one of her parents; or, in the case of a woman who is an
incapacitated person, he first obtains the informed consent of
her guardian. In deciding whether to grant such consent, a
pregnant woman's parent or guardian shall consider only their
child's or ward's best interests. In the case of a pregnancy
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30 that is the result of incest where the father is a party to the
incestuous act, the pregnant woman need only obtain the consent
of her mother.
(b) Unavailability of parent or guardian.--If both parents
have died or are otherwise unavailable to the physician within a
reasonable time and in a reasonable manner, consent of the
pregnant woman's guardian or guardians shall be sufficient. If
the pregnant woman's parents are divorced, consent of the parent
having custody shall be sufficient. If neither any parent nor a
legal guardian is available to the physician within a reasonable
time and in a reasonable manner, consent of any adult person
standing in loco parentis shall be sufficient.
(c) Petition to court for consent.--If both of the parents
or guardians of the pregnant woman refuse to consent to the
performance of an abortion or if she elects not to seek the
consent of either of her parents or of her guardian, the court
of common pleas of the judicial district in which the applicant
resides or in which the abortion is sought shall, upon petition
or motion, after an appropriate hearing, authorize a physician
to perform the abortion if the court determines that the
pregnant woman is mature and capable of giving informed consent
to the proposed abortion, and has, in fact, given such consent.
(d) Court order.--If the court determines that the pregnant
woman is not mature and capable of giving informed consent or if
the pregnant woman does not claim to be mature and capable of
giving informed consent, the court shall determine whether the
performance of an abortion upon her would be in her best
interests. If the court determines that the performance of an
abortion would be in the best interests of the woman, it shall
authorize a physician to perform the abortion.
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30 (e) Representation in proceedings.--The pregnant woman may
participate in proceedings in the court on her own behalf and
the court may appoint a guardian ad litem to assist her. The
court shall, however, advise her that she has a right to court
appointed counsel, and shall provide her with such counsel
unless she wishes to appear with private counsel or has
knowingly and intelligently waived representation by counsel.
(f) Proceedings.--
(1) Court proceedings under this section shall be
confidential and shall be given such precedence over other
pending matters as will ensure that the court may reach a
decision promptly and without delay in order to serve the
best interests of the pregnant woman. In no case shall the
court of common pleas fail to rule within three business days
of the date of application. A court of common pleas which
conducts proceedings under this section shall make in writing
specific factual findings and legal conclusions supporting
its decision and shall, upon the initial filing of the
minor's petition for judicial authorization of an abortion,
order a sealed record of the petition, pleadings,
submissions, transcripts, exhibits, orders, evidence and any
other written material to be maintained which shall include
its own findings and conclusions.
(2) The application to the court of common pleas shall
be accompanied by a non-notarized verification stating that
the information therein is true and correct to the best of
the applicant's knowledge, and the application shall set
forth the following facts:
(i) The initials of the pregnant woman.
(ii) The age of the pregnant woman.
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30 (iii) The names and addresses of each parent,
guardian or, if the minor's parents are deceased and no
guardian has been appointed, any other person standing in
loco parentis to the minor.
(iv) That the pregnant woman has been fully informed
of the risks and consequences of the abortion.
(v) Whether the pregnant woman is of sound mind and
has sufficient intellectual capacity to consent to the
abortion.
(vi) A prayer for relief asking the court to either
grant the pregnant woman full capacity for the purpose of
personal consent to the abortion, or to give judicial
consent to the abortion under subsection (d) based upon a
finding that the abortion is in the best interest of the
pregnant woman.
(vii) That the pregnant woman is aware that any
false statements made in the application are punishable
by law.
(viii) The signature of the pregnant woman. Where
necessary to serve the interest of justice, the orphans'
court division, or, in Philadelphia, the family court
division, shall refer the pregnant woman to the
appropriate personnel for assistance in preparing the
application.
(3) The name of the pregnant woman shall not be entered
on any docket which is subject to public inspection. All
persons shall be excluded from hearings under this section
except the applicant and such other persons whose presence is
specifically requested by the applicant or her guardian.
(4) At the hearing, the court shall hear evidence
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30 relating to the emotional development, maturity, intellect
and understanding of the pregnant woman, the fact and
duration of her pregnancy, the nature, possible consequences
and alternatives to the abortion and any other evidence that
the court may find useful in determining whether the pregnant
woman should be granted full capacity for the purpose of
consenting to the abortion or whether the abortion is in the
best interest of the pregnant woman. The court shall also
notify the pregnant woman at the hearing that it must rule on
her application within three business days of the date of its
filing and that, should the court fail to rule in favor of
her application within the allotted time, she has the right
to appeal to the Superior Court.
(g) Coercion prohibited.--Except in a medical emergency, no
parent, guardian or other person standing in loco parentis shall
coerce a minor or incapacitated woman to undergo an abortion.
Any minor or incapacitated woman who is threatened with such
coercion may apply to a court of common pleas for relief. The
court shall provide the minor or incapacitated woman with
counsel, give the matter expedited consideration and grant such
relief as may be necessary to prevent such coercion. Should a
minor be denied the financial support of her parents by reason
of her refusal to undergo abortion, she shall be considered
emancipated for purposes of eligibility for assistance benefits.
(h) Regulation of proceedings.--No filing fees shall be
required of any woman availing herself of the procedures
provided by this section. An expedited confidential appeal shall
be available to any pregnant woman whom the court fails to grant
an order authorizing an abortion within the time specified in
this section. Any court to which an appeal is taken under this
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30 section shall give prompt and confidential attention thereto and
shall rule thereon within five business days of the filing of
the appeal. The Supreme Court of Pennsylvania may issue such
rules as may further assure that the process provided in this
section is conducted in such a manner as will ensure
confidentiality and sufficient precedence over other pending
matters to ensure promptness of disposition.
(i) Penalty.--Any person who performs an abortion upon a
woman who is an unemancipated minor or incapacitated person to
whom this section applies either with knowledge that she is a
minor or incapacitated person to whom this section applies, or
with reckless disregard or negligence as to whether she is a
minor or incapacitated person to whom this section applies, and
who intentionally, knowingly or recklessly fails to conform to
any requirement of this section is guilty of "unprofessional
conduct" and his license for the practice of medicine and
surgery shall be suspended in accordance with procedures
provided under the act of October 5, 1978 (P.L.1109, No.261),
known as the Osteopathic Medical Practice Act, the act of
December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, or their successor acts, for a period of
at least three months. Failure to comply with the requirements
of this section is prima facie evidence of failure to obtain
informed consent and of interference with family relations in
appropriate civil actions. The law of this Commonwealth shall
not be construed to preclude the award of exemplary damages or
damages for emotional distress even if unaccompanied by physical
complications in any appropriate civil action relevant to
violations of this section. Nothing in this section shall be
construed to limit the common law rights of parents.
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30 § 3207. Abortion facilities.
(a) Regulations.--The department shall have power to make
rules and regulations pursuant to this chapter, with respect to
performance of abortions and with respect to facilities in which
abortions are performed, so as to protect the health and safety
of women having abortions and of premature infants aborted
alive. These rules and regulations shall include, but not be
limited to, procedures, staff, equipment and laboratory testing
requirements for all facilities offering abortion services.
(b) Reports.--Within 30 days after the effective date of
this chapter, every facility at which abortions are performed
shall file, and update immediately upon any change, a report
with the department, containing the following information:
(1) Name and address of the facility.
(2) Name and address of any parent, subsidiary or
affiliated organizations, corporations or associations.
(3) Name and address of any parent, subsidiary or
affiliated organizations, corporations or associations having
contemporaneous commonality of ownership, beneficial
interest, directorship or officership with any other
facility.
The information contained in those reports which are filed
pursuant to this subsection by facilities which receive State-
appropriated funds during the 12-calendar-month period
immediately preceding a request to inspect or copy such reports
shall be deemed public information. Reports filed by facilities
which do not receive State-appropriated funds shall only be
available to law enforcement officials, the State Board of
Medicine and the State Board of Osteopathic Medicine for use in
the performance of their official duties. Any facility failing
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30 to comply with the provisions of this subsection shall be
assessed by the department a fine of $500 for each day it is in
violation hereof.
§ 3208. Printed information.
(a) General rule.--The department shall cause to be
published in English, Spanish and Vietnamese, within 60 days
after this chapter becomes law, and shall update on an annual
basis, the following easily comprehensible printed materials:
(1) Geographically indexed materials designed to inform
the woman of public and private agencies and services
available to assist a woman through pregnancy, upon
childbirth and while the child is dependent, including
adoption agencies, which shall include a comprehensive list
of the agencies available, a description of the services they
offer and a description of the manner, including telephone
numbers, in which they might be contacted, or, at the option
of the department, printed materials including a toll-free,
24-hour a day telephone number which may be called to obtain,
orally, such a list and description of agencies in the
locality of the caller and of the services they offer. The
materials shall provide information on the availability of
medical assistance benefits for prenatal care, childbirth and
neonatal care, and state that it is unlawful for any
individual to coerce a woman to undergo abortion, that any
physician who performs an abortion upon a woman without
obtaining her informed consent or without according her a
private medical consultation may be liable to her for damages
in a civil action at law, that the father of a child is
liable to assist in the support of that child, even in
instances where the father has offered to pay for an abortion
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prenatal care, childbirth and neonatal care.
(2) Materials designed to inform the woman of the
probable anatomical and physiological characteristics of the
unborn child at two-week gestational increments from
fertilization to full term, including pictures representing
the development of unborn children at two-week gestational
increments, and any relevant information on the possibility
of the unborn child's survival; provided that any such
pictures or drawings must contain the dimensions of the fetus
and must be realistic and appropriate for the woman's stage
of pregnancy. The materials shall be objective, nonjudgmental
and designed to convey only accurate scientific information
about the unborn child at the various gestational ages. The
material shall also contain objective information describing
the methods of abortion procedures commonly employed, the
medical risks commonly associated with each such procedure,
the possible detrimental psychological effects of abortion
and the medical risks commonly associated with each such
procedure and the medical risks commonly associated with
carrying a child to term.
(b) Format.--The materials shall be printed in a typeface
large enough to be clearly legible.
(c) Free distribution.--The materials required under this
section shall be available at no cost from the department upon
request and in appropriate number to any person, facility or
hospital.
§ 3208.1. Commonwealth interference prohibited.
The Commonwealth shall not interfere with the use of
medically appropriate methods of contraception or the manner in
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provided.
§ 3209. Spousal notice.
(a) Spousal notice required.--In order to further the
Commonwealth's interest in promoting the integrity of the
marital relationship and to protect a spouse's interests in
having children within marriage and in protecting the prenatal
life of that spouse's child, no physician shall perform an
abortion on a married woman, except as provided in subsections
(b) and (c), unless he or she has received a signed statement,
which need not be notarized, from the woman upon whom the
abortion is to be performed, that she has notified her spouse
that she is about to undergo an abortion. The statement shall
bear a notice that any false statement made therein is
punishable by law.
(b) Exceptions.--The statement certifying that the notice
required by subsection (a) has been given need not be furnished
where the woman provides the physician a signed statement
certifying at least one of the following:
(1) Her spouse is not the father of the child.
(2) Her spouse, after diligent effort, could not be
located.
(3) The pregnancy is a result of spousal sexual assault
as described in section 3128 (relating to spousal sexual
assault), which has been reported to a law enforcement agency
having the requisite jurisdiction.
(4) The woman has reason to believe that the furnishing
of notice to her spouse is likely to result in the infliction
of bodily injury upon her by her spouse or by another
individual.
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30 Such statement need not be notarized, but shall bear a notice
that any false statements made therein are punishable by law.
(c) Medical emergency.--The requirements of subsection (a)
shall not apply in case of a medical emergency.
(d) Forms.--The department shall cause to be published forms
which may be utilized for purposes of providing the signed
statements required by subsections (a) and (b). The department
shall distribute an adequate supply of such forms to all
abortion facilities in this Commonwealth.
(e) Penalty; civil action.--Any physician who violates the
provisions of this section is guilty of "unprofessional
conduct," and his or her license for the practice of medicine
and surgery shall be subject to suspension or revocation in
accordance with procedures provided under the act of October 5,
1978 (P.L.1109, No.261), known as the Osteopathic Medical
Practice Act, the act of December 20, 1985 (P.L.457, No.112),
known as the Medical Practice Act of 1985, or their successor
acts. In addition, any physician who knowingly violates the
provisions of this section shall be civilly liable to the spouse
who is the father of the aborted child for any damages caused
thereby and for punitive damages in the amount of $5,000, and
the court shall award a prevailing plaintiff a reasonable
attorney fee as part of costs.
§ 3210. Determination of gestational age.
(a) Requirement.--Except in the case of a medical emergency
which prevents compliance with this section, no abortion shall
be performed or induced unless the referring physician or the
physician performing or inducing it has first made a
determination of the probable gestational age of the unborn
child. In making such determination, the physician shall make
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30 such inquiries of the patient and perform or cause to be
performed such medical examinations and tests as a prudent
physician would consider necessary to make or perform in making
an accurate diagnosis with respect to gestational age. The
physician who performs or induces the abortion shall report the
type of inquiries made and the type of examinations and tests
utilized to determine the gestational age of the unborn child
and the basis for the diagnosis with respect to gestational age
on forms provided by the department.
(b) Penalty.--Failure of any physician to conform to any
requirement of this section constitutes "unprofessional conduct"
within the meaning of the act of October 5, 1978 (P.L.1109,
No.261), known as the Osteopathic Medical Practice Act, the act
of December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, or their successor acts. Upon a finding by
the State Board of Medicine or the State Board of Osteopathic
Medicine that any physician has failed to conform to any
requirement of this section, the board shall not fail to suspend
that physician's license for a period of at least three months.
Intentional, knowing or reckless falsification of any report
required under this section is a misdemeanor of the third
degree.
§ 3211. Abortion on unborn child of 24 or more weeks
gestational age.
(a) Prohibition.--Except as provided in subsection (b), no
person shall perform or induce an abortion upon another person
when the gestational age of the unborn child is 24 or more
weeks.
(b) Exceptions.--
(1) It shall not be a violation of subsection (a) if an
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30 abortion is performed by a physician and that physician
reasonably believes that it is necessary to prevent either
the death of the pregnant woman or the substantial and
irreversible impairment of a major bodily function of the
woman. No abortion shall be deemed authorized under this
paragraph if performed on the basis of a claim or a diagnosis
that the woman will engage in conduct which would result in
her death or in substantial and irreversible impairment of a
major bodily function.
(2) It shall not be a violation of subsection (a) if the
abortion is performed by a physician and that physician
reasonably believes, after making a determination of the
gestational age of the unborn child in compliance with
section 3210 (relating to determination of gestational age),
that the unborn child is less than 24 weeks gestational age.
(c) Abortion regulated.--Except in the case of a medical
emergency which, in the reasonable medical judgment of the
physician performing the abortion, prevents compliance with a
particular requirement of this subsection, no abortion which is
authorized under subsection (b)(1) shall be performed unless
each of the following conditions is met:
(1) The physician performing the abortion certifies in
writing that, based upon his medical examination of the
pregnant woman and his medical judgment, the abortion is
necessary to prevent either the death of the pregnant woman
or the substantial and irreversible impairment of a major
bodily function of the woman.
(2) Such physician's judgment with respect to the
necessity for the abortion has been concurred in by one other
licensed physician who certifies in writing that, based upon
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30 his or her separate personal medical examination of the
pregnant woman and his or her medical judgment, the abortion
is necessary to prevent either the death of the pregnant
woman or the substantial and irreversible impairment of a
major bodily function of the woman.
(3) The abortion is performed in a hospital.
(4) The physician terminates the pregnancy in a manner
which provides the best opportunity for the unborn child to
survive, unless the physician determines, in his or her good
faith medical judgment, that termination of the pregnancy in
that manner poses a significantly greater risk either of the
death of the pregnant woman or the substantial and
irreversible impairment of a major bodily function of the
woman than would other available methods.
(5) The physician performing the abortion arranges for
the attendance, in the same room in which the abortion is to
be completed, of a second physician who shall take control of
the child immediately after complete extraction from the
mother and shall provide immediate medical care for the
child, taking all reasonable steps necessary to preserve the
child's life and health.
(d) Penalty.--Any person who violates subsection (a) commits
a felony of the third degree. Any person who violates subsection
(c) commits a misdemeanor of the second degree for the first
offense and a misdemeanor of the first degree for subsequent
offenses.
§ 3212. Infanticide.
(a) Status of fetus.--The law of this Commonwealth shall not
be construed to imply that any human being born alive in the
course of or as a result of an abortion or pregnancy
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survival, is not a person under the Constitution and laws of
this Commonwealth.
(b) Care required.--All physicians and licensed medical
personnel attending a child who is born alive during the course
of an abortion or premature delivery, or after being carried to
term, shall provide such child that type and degree of care and
treatment which, in the good faith judgment of the physician, is
commonly and customarily provided to any other person under
similar conditions and circumstances. Any individual who
intentionally, knowingly or recklessly violates the provisions
of this subsection commits a felony of the third degree.
(c) Obligation of physician.--Whenever the physician or any
other person is prevented by lack of parental or guardian
consent from fulfilling his obligations under subsection (b), he
shall nonetheless fulfill said obligations and immediately
notify the juvenile court of the facts of the case. The juvenile
court shall immediately institute an inquiry and, if it finds
that the lack of parental or guardian consent is preventing
treatment required under subsection (b), it shall immediately
grant injunctive relief to require such treatment.
§ 3213. Prohibited acts.
(a) Payment for abortion.--Except in the case of a pregnancy
which is not yet clinically diagnosable, any person who intends
to perform or induce abortion shall, before accepting payment
therefor, make or obtain a determination that the woman is
pregnant. Any person who intentionally or knowingly accepts such
a payment without first making or obtaining such a determination
commits a misdemeanor of the second degree. Any person who makes
such a determination erroneously either knowing that it is
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30 erroneous or with reckless disregard or negligence as to whether
it is erroneous, and who either:
(1) thereupon or thereafter intentionally relies upon
that determination in soliciting or obtaining any such
payment; or
(2) intentionally conveys that determination to any
person or persons with knowledge that, or with reckless
disregard as to whether, that determination will be relied
upon in any solicitation or obtaining of any such payment;
commits a misdemeanor of the second degree.
(b) Referral fee.--The payment or receipt of a referral fee
in connection with the performance of an abortion is a
misdemeanor of the first degree. For purposes of this section,
"referral fee" means the transfer of anything of value between a
physician who performs an abortion or an operator or employee of
a clinic at which an abortion is performed and the person who
advised the woman receiving the abortion to use the services of
that physician or clinic.
(c) Regulations.--The department shall issue regulations to
assure that prior to the performance of any abortion, including
abortions performed in the first trimester of pregnancy, the
maternal Rh status shall be determined and that anti-Rh
sensitization prophylaxis shall be provided to each patient at
risk of sensitization unless the patient refuses to accept the
treatment. Except when there exists a medical emergency or, in
the judgment of the physician, there exists no possibility of Rh
sensitization, the intentional, knowing, or reckless failure to
conform to the regulations issued pursuant to this subsection
constitutes "unprofessional conduct" and his license for the
practice of medicine and surgery shall be subject to suspension
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30 or revocation in accordance with procedures provided under the
act of October 5, 1978 (P.L.1109, No.261), known as the
Osteopathic Medical Practice Act, the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of 1985, or
their successor acts.
(d) Participation in abortion.--Except for a facility
devoted exclusively to the performance of abortions, no medical
personnel or medical facility, nor any employee, agent or
student thereof, shall be required against his or its conscience
to aid, abet or facilitate performance of an abortion or
dispensing of an abortifacient and failure or refusal to do so
shall not be a basis for any civil, criminal, administrative or
disciplinary action, penalty or proceeding, nor may it be the
basis for refusing to hire or admit anyone. Nothing herein shall
be construed to limit the provisions of the act of October 27,
1955 (P.L.744, No.222), known as the "Pennsylvania Human
Relations Act." Any person who knowingly violates the provisions
of this subsection shall be civilly liable to the person thereby
injured and, in addition, shall be liable to that person for
punitive damages in the amount of $5,000.
(e) In vitro fertilization.--All persons conducting, or
experimenting in, in vitro fertilization shall file quarterly
reports with the department, which shall be available for public
inspection and copying, containing the following information:
(1) Names of all persons conducting or assisting in the
fertilization or experimentation process.
(2) Locations where the fertilization or experimentation
is conducted.
(3) Name and address of any person, facility, agency or
organization sponsoring the fertilization or experimentation
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30 except that names of any persons who are donors or recipients
of sperm or eggs shall not be disclosed.
(4) Number of eggs fertilized.
(5) Number of fertilized eggs destroyed or discarded.
(6) Number of women implanted with a fertilized egg.
Any person required under this subsection to file a report, keep
records or supply information, who willfully fails to file such
report, keep records or supply such information or who submits a
false report shall be assessed a fine by the department in the
amount of $50 for each day in which that person is in violation
hereof.
(f) Notice.--
(1) Except for a facility devoted exclusively to the
performance of abortions, every facility performing abortions
shall prominently post a notice, not less than eight and one-
half inches by eleven inches in size, entitled "Right of
Conscience," for the exclusive purpose of informing medical
personnel, employees, agents and students of such facilities
of their rights under subsection (d) and under section 5.2 of
the Pennsylvania Human Relations Act. The facility shall post
the notice required by this subsection in a location or
locations where notices to employees, medical personnel and
students are normally posted or, if notices are not normally
posted, in a location or locations where the notice required
by this subsection is likely to be seen by medical personnel,
employees or students of the facility. The department shall
prescribe a model notice which may be used by any facility,
and any facility which utilizes the model notice or
substantially similar language shall be deemed in compliance
with this subsection.
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civil penalty of up to $5,000 against any facility for each
violation of this subsection, giving due consideration to the
appropriateness of the penalty with respect to the size of
the facility, the gravity of the violation, the good faith of
the facility and the history of previous violations. Civil
penalties due under this subsection shall be paid to the
department for deposit in the State Treasury and may be
collected by the department in the appropriate court of
common pleas. The department shall send a copy of its model
notice to every facility which files a report under section
3207(b) (relating to abortion facilities). Failure to receive
a notice shall not be a defense to any civil action brought
pursuant to this subsection.
§ 3214. Reporting.
(a) General rule.--For the purpose of promotion of maternal
health and life by adding to the sum of medical and public
health knowledge through the compilation of relevant data, and
to promote the Commonwealth's interest in protection of the
unborn child, a report of each abortion performed shall be made
to the department on forms prescribed by it. The report forms
shall not identify the individual patient by name and shall
include the following information:
(1) Identification of the physician who performed the
abortion, the concurring physician as required by section
3211(c)(2) (relating to abortion on unborn child of 24 or
more weeks gestational age), the second physician as required
by section 3211(c)(5) and the facility where the abortion was
performed and of the referring physician, agency or service,
if any.
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30 (2) The county and state in which the woman resides.
(3) The woman's age.
(4) The number of prior pregnancies and prior abortions
of the woman.
(5) The gestational age of the unborn child at the time
of the abortion.
(6) The type of procedure performed or prescribed and
the date of the abortion.
(7) Pre-existing medical conditions of the woman which
would complicate pregnancy, if any, and, if known, any
medical complication which resulted from the abortion itself.
(8) The basis for the medical judgment of the physician
who performed the abortion that the abortion was necessary to
prevent either the death of the pregnant woman or the
substantial and irreversible impairment of a major bodily
function of the woman, where an abortion has been performed
pursuant to section 3211(b)(1).
(9) The weight of the aborted child for any abortion
performed pursuant to section 3211(b)(1).
(10) Basis for any medical judgment that a medical
emergency existed which excused the physician from compliance
with any provision of this chapter.
(11) The information required to be reported under
section 3210(a) (relating to determination of gestational
age).
(12) Whether the abortion was performed upon a married
woman and, if so, whether notice to her spouse was given. If
no notice to her spouse was given, the report shall also
indicate the reason for failure to provide notice.
(b) Completion of report.--The reports shall be completed by
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30 the hospital or other licensed facility, signed by the physician
who performed the abortion and transmitted to the department
within 15 days after each reporting month.
(c) Pathological examinations.--When there is an abortion
performed during the first trimester of pregnancy, the tissue
that is removed shall be subjected to a gross or microscopic
examination, as needed, by the physician or a qualified person
designated by the physician to determine if a pregnancy existed
and was terminated. If the examination indicates no fetal
remains, that information shall immediately be made known to the
physician and sent to the department within 15 days of the
analysis. When there is an abortion performed after the first
trimester of pregnancy where the physician has certified the
unborn child is not viable, the dead unborn child and all tissue
removed at the time of the abortion shall be submitted for
tissue analysis to a board eligible or certified pathologist. If
the report reveals evidence of viability or live birth, the
pathologist shall report such findings to the department within
15 days and a copy of the report shall also be sent to the
physician performing the abortion. Intentional, knowing,
reckless or negligent failure of the physician to submit such an
unborn child or such tissue remains to such a pathologist for
such a purpose, or intentional, knowing or reckless failure of
the pathologist to report any evidence of live birth or
viability to the department in the manner and within the time
prescribed is a misdemeanor of the third degree.
(d) Form.--The department shall prescribe a form on which
pathologists may report any evidence of absence of pregnancy,
live birth or viability.
(e) Statistical reports; public availability of reports.--
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30 (1) The department shall prepare a comprehensive annual
statistical report for the General Assembly based upon the
data gathered under subsections (a) and (h). Such report
shall not lead to the disclosure of the identity of any
person filing a report or about whom a report is filed, and
shall be available for public inspection and copying.
(2) Reports filed pursuant to subsection (a) or (h)
shall not be deemed public records within the meaning of that
term as defined by the act of June 21, 1957 (P.L.390,
No.212), referred to as the Right-to-Know Law, and shall
remain confidential, except that disclosure may be made to
law enforcement officials upon an order of a court of common
pleas after application showing good cause therefor. The
court may condition disclosure of the information upon any
appropriate safeguards it may impose.
(3) Original copies of all reports filed under
subsections (a), (f) and (h) shall be available to the State
Board of Medicine and the State Board of Osteopathic Medicine
for use in the performance of their official duties.
(4) Any person who willfully discloses any information
obtained from reports filed pursuant to subsection (a) or
(h), other than that disclosure authorized under paragraph
(1), (2) or (3) hereof or as otherwise authorized by law,
shall commit a misdemeanor of the third degree.
(f) Report by facility.--Every facility in which an abortion
is performed within this Commonwealth during any quarter year
shall file with the department a report showing the total number
of abortions performed within the hospital or other facility
during that quarter year. This report shall also show the total
abortions performed in each trimester of pregnancy. Any report
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facility receives State-appropriated funds within the 12-
calendar-month period immediately preceding the filing of the
report. These reports shall be submitted on a form prescribed by
the department which will enable a facility to indicate whether
or not it is receiving State-appropriated funds. If the facility
indicates on the form that it is not receiving State-
appropriated funds, the department shall regard its report as
confidential unless it receives other evidence which causes it
to conclude that the facility receives State-appropriated funds.
(g) Report of maternal death.--After 30 days' public notice,
the department shall henceforth require that all reports of
maternal deaths occurring within the Commonwealth arising from
pregnancy, childbirth or intentional abortion in every case
state the cause of death, the duration of the woman's pregnancy
when her death occurred and whether or not the woman was under
the care of a physician during her pregnancy prior to her death
and shall issue such regulations as are necessary to assure that
such information is reported, conducting its own investigation
if necessary in order to ascertain such data. A woman shall be
deemed to have been under the care of a physician prior to her
death for the purpose of this chapter when she had either been
examined or treated by a physician, not including any
examination or treatment in connection with emergency care for
complications of her pregnancy or complications of her abortion,
preceding the woman's death at any time which is both 21 or more
days after the time she became pregnant and within 60 days prior
to her death. Known incidents of maternal mortality of
nonresident women arising from induced abortion performed in
this Commonwealth shall be included as incidents of maternal
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mortality arising from continued pregnancy or childbirth and
occurring after induced abortion has been attempted but not
completed, including deaths occurring after induced abortion has
been attempted but not completed as the result of ectopic
pregnancy, shall be included as incidents of maternal mortality
arising from induced abortion. The department shall annually
compile a statistical report for the General Assembly based upon
the data gathered under this subsection, and all such
statistical reports shall be available for public inspection and
copying.
(h) Report of complications.--Every physician who is called
upon to provide medical care or treatment to a woman who is in
need of medical care because of a complication or complications
resulting, in the good faith judgment of the physician, from
having undergone an abortion or attempted abortion shall prepare
a report thereof and file the report with the department within
30 days of the date of his first examination of the woman, which
report shall be on forms prescribed by the department, which
forms shall contain the following information, as received, and
such other information except the name of the patient as the
department may from time to time require:
(1) Age of patient.
(2) Number of pregnancies patient may have had prior to
the abortion.
(3) Number and type of abortions patient may have had
prior to this abortion.
(4) Name and address of the facility where the abortion
was performed.
(5) Gestational age of the unborn child at the time of
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30 the abortion, if known.
(6) Type of abortion performed, if known.
(7) Nature of complication or complications.
(8) Medical treatment given.
(9) The nature and extent, if known, of any permanent
condition caused by the complication.
(i) Penalties.--
(1) Any person required under this section to file a
report, keep any records or supply any information, who
willfully fails to file such report, keep such records or
supply such information at the time or times required by law
or regulation is guilty of "unprofessional conduct" and his
license for the practice of medicine and surgery shall be
subject to suspension or revocation in accordance with
procedures provided under the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985, or their successor acts.
(2) Any person who willfully delivers or discloses to
the department any report, record or information known by him
to be false commits a misdemeanor of the first degree.
(3) In addition to the above penalties, any person,
organization or facility who willfully violates any of the
provisions of this section requiring reporting shall upon
conviction thereof:
(i) For the first time, have its license suspended
for a period of six months.
(ii) For the second time, have its license suspended
for a period of one year.
(iii) For the third time, have its license revoked. ]
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30 Section 5. Sections 3215 and 3216 of Title 18 are amended to
read:
§ 3215. [Publicly owned facilities; public officials and public
funds] Public officials.
[(a) Limitations.--No hospital, clinic or other health
facility owned or operated by the Commonwealth, a county, a city
or other governmental entity (except the government of the
United States, another state or a foreign nation) shall:
(1) Provide, induce, perform or permit its facilities to
be used for the provision, inducement or performance of any
abortion except where necessary to avert the death of the
woman or where necessary to terminate pregnancies initiated
by acts of rape or incest if reported in accordance with
requirements set forth in subsection (c).
(2) Lease or sell or permit the subleasing of its
facilities or property to any physician or health facility
for use in the provision, inducement or performance of
abortion, except abortion necessary to avert the death of the
woman or to terminate pregnancies initiated by acts of rape
or incest if reported in accordance with requirements set
forth in subsection (c).
(3) Enter into any contract with any physician or health
facility under the terms of which such physician or health
facility agrees to provide, induce or perform abortions,
except abortion necessary to avert the death of the woman or
to terminate pregnancies initiated by acts of rape or incest
if reported in accordance with requirements set forth in
subsection (c).
(b) Permitted treatment.--Nothing in subsection (a) shall be
construed to preclude any hospital, clinic or other health
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30 facility from providing treatment for post-abortion
complications.
(c) Public funds.--No Commonwealth funds and no Federal
funds which are appropriated by the Commonwealth shall be
expended by any State or local government agency for the
performance of abortion, except:
(1) When abortion is necessary to avert the death of the
mother on certification by a physician. When such physician
will perform the abortion or has a pecuniary or proprietary
interest in the abortion there shall be a separate
certification from a physician who has no such interest.
(2) When abortion is performed in the case of pregnancy
caused by rape which, prior to the performance of the
abortion, has been reported, together with the identity of
the offender, if known, to a law enforcement agency having
the requisite jurisdiction and has been personally reported
by the victim.
(3) When abortion is performed in the case of pregnancy
caused by incest which, prior to the performance of the
abortion, has been personally reported by the victim to a law
enforcement agency having the requisite jurisdiction, or, in
the case of a minor, to the county child protective service
agency and the other party to the incestuous act has been
named in such report.
(d) Health plans.--No health plan for employees, funded with
any Commonwealth funds, shall include coverage for abortion,
except under the same conditions and requirements as provided in
subsection (c). The prohibition contained herein shall not apply
to health plans for which abortion coverage has been expressly
bargained for in any collective bargaining agreement presently
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30 in effect, but shall be construed to preclude such coverage with
respect to any future agreement.
(e) Insurance policies.--All insurers who make available
health care and disability insurance policies in this
Commonwealth shall make available such policies which contain an
express exclusion of coverage for abortion services not
necessary to avert the death of the woman or to terminate
pregnancies caused by rape or incest. ]
(f) [Public officers; ordering abortions ] Prohibition.--
Except in the case of a medical emergency, [ no] a court, judge,
executive officer, administrative agency or public employee of
the Commonwealth or of any local governmental body [ shall have
power to] may not:
(1) issue any order requiring an abortion without the
express voluntary consent of the [ woman] pregnant individual
upon whom the abortion is to be performed ; or [shall coerce
any person to have]
(2) coerce a pregnant individual to undergo or forgo an
abortion.
(g) Public officers; limiting benefits prohibited.--[ No] A
court, judge, executive officer, administrative agency or public
employee of the Commonwealth or of any local governmental body
[shall] may not withhold, reduce or suspend or threaten to
withhold, reduce or suspend [ any benefits] a benefit to which a
[person] pregnant individual would otherwise be entitled on the
ground that [such person chooses not to have ] the pregnant
individual chooses to undergo or forgo an abortion.
(h) Penalty.--[Whoever] An individual who orders an abortion
in violation of subsection (f) or withholds, reduces or suspends
[any benefits] a benefit or threatens to withhold, reduce or
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30 suspend [any benefits] a benefit in violation of subsection (g)
commits a misdemeanor of the first degree.
[(i) Public funds for legal services.--No Federal or State
funds which are appropriated by the Commonwealth for the
provision of legal services by private agencies, and no public
funds generated by collection of interest on lawyer's trust
accounts, as authorized by statute previously or subsequently
enacted, may be used, directly or indirectly, to:
(1) Advocate the freedom to choose abortion or the
prohibition of abortion.
(2) Provide legal assistance with respect to any
proceeding or litigation which seeks to procure or prevent
any abortion or to procure or prevent public funding for any
abortion.
(3) Provide legal assistance with respect to any
proceeding or litigation which seeks to compel or prevent the
performance or assistance in the performance of any abortion,
or the provision of facilities for the performance of any
abortion.
Nothing in this subsection shall be construed to require or
prevent the expenditure of funds pursuant to a court order
awarding fees for attorney's services under the Civil Rights
Attorney's Fees Awards Act of 1976 (Public law 94-559, 90 Stat.
2641), nor shall this subsection be construed to prevent the use
of public funds to provide court appointed counsel in any
proceeding authorized under section 3206 (relating to parental
consent).
(j) Required statements.--No Commonwealth agency shall make
any payment from Federal or State funds appropriated by the
Commonwealth for the performance of any abortion pursuant to
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30 subsection (c)(2) or (3) unless the Commonwealth agency first:
(1) receives from the physician or facility seeking
payment a statement signed by the physician performing the
abortion stating that, prior to performing the abortion, he
obtained a non-notarized, signed statement from the pregnant
woman stating that she was a victim of rape or incest, as the
case may be, and that she reported the crime, including the
identity of the offender, if known, to a law enforcement
agency having the requisite jurisdiction or, in the case of
incest where a pregnant minor is the victim, to the county
child protective service agency and stating the name of the
law enforcement agency or child protective service agency to
which the report was made and the date such report was made;
(2) receives from the physician or facility seeking
payment, the signed statement of the pregnant woman which is
described in paragraph (1). The statement shall bear the
notice that any false statements made therein are punishable
by law and shall state that the pregnant woman is aware that
false reports to law enforcement authorities are punishable
by law; and
(3) verifies with the law enforcement agency or child
protective service agency named in the statement of the
pregnant woman whether a report of rape or incest was filed
with the agency in accordance with the statement.
The Commonwealth agency shall report any evidence of false
statements, of false reports to law enforcement authorities or
of fraud in the procurement or attempted procurement of any
payment from Federal or State funds appropriated by the
Commonwealth pursuant to this section to the district attorney
of appropriate jurisdiction and, where appropriate, to the
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30 Attorney General.]
§ 3216. Fetal experimentation.
(a) [Unborn or live child ] Offense defined.--Any person who
knowingly performs any type of nontherapeutic experimentation or
nontherapeutic medical procedure [ (except], except an abortion
as defined in [this chapter)] 35 Pa.C.S. § 9103 (relating to
definitions), upon any [unborn child] pregnancy as defined in 35
Pa.C.S. § 9103, or upon any child born alive during the course
of an abortion, commits a felony of the third degree.
"Nontherapeutic" means that which is not intended to preserve
the life or health of the [ child] pregnancy or patient upon whom
it is performed.
(b) Dead child.--The following standards govern the
procurement and use of any fetal tissue or organ which is used
in animal or human transplantation, research or experimentation:
(1) No fetal tissue or organs may be procured or used
without the written consent of the mother. No consideration
of any kind for such consent may be offered or given.
Further, if the tissue or organs are being derived from
abortion, such consent shall be valid only if obtained after
the decision to abort has been made.
(2) [No person who provides the information required by
section 3205(relating to informed consent) shall employ the
possibility of the use of aborted fetal tissue or organs as
an inducement to a pregnant woman to undergo abortion except
that payment for reasonable expenses occasioned by the actual
retrieval, storage, preparation and transportation of the
tissues is permitted. ] No qualified clinician as defined in
35 Pa.C.S. § 9103 shall employ the possibility of the use of
aborted fetal tissue or organs as an inducement to the
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30 patient to undergo abortion except that payment for
reasonable expenses occasioned by the actual retrieval,
storage, preparation and transportation of the tissues is
permitted.
(3) No remuneration, compensation or other consideration
may be paid to any person or organization in connection with
the procurement of fetal tissue or organs.
(4) All persons who participate in the procurement, use
or transplantation of fetal tissue or organs, including the
recipients of such tissue or organs, shall be informed as to
whether the particular tissue or organ involved was procured
as a result of either:
(i) stillbirth;
(ii) miscarriage;
(iii) ectopic pregnancy;
(iv) abortion; or
(v) any other means.
(5) No person who consents to the procurement or use of
any fetal tissue or organ may designate the recipient of that
tissue or organ, nor shall any other person or organization
act to fulfill that designation.
(6) The department may assess a civil penalty upon any
person who procures, sells or uses any fetal tissue or organs
in violation of this section or the regulations issued
thereunder. Such civil penalties may not exceed $5,000 for
each separate violation. In assessing such penalties, the
department shall give due consideration to the gravity of the
violation, the good faith of the violator and the history of
previous violations. Civil penalties due under this paragraph
shall be paid to the department for deposit in the State
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30 Treasury and may be enforced by the department in the
Commonwealth Court.
(c) Construction of section.--Nothing in this section shall
be construed to condone or prohibit the performance of
diagnostic tests while the unborn child is in utero or the
performance of pathological examinations on an aborted [ child]
pregnancy. Nor shall anything in this section be construed to
condone or prohibit the performance of in vitro fertilization
and accompanying embryo transfer.
Section 6. Sections 3217, 3218, 3219 and 3220 of Title 18
are repealed:
[§ 3217. Civil penalties.
Any physician who knowingly violates any of the provisions of
section 3204 (relating to medical consultation and judgment) or
3205 (relating to informed consent) shall, in addition to any
other penalty prescribed in this chapter, be civilly liable to
his patient for any damages caused thereby and, in addition,
shall be liable to his patient for punitive damages in the
amount of $5,000, and the court shall award a prevailing
plaintiff a reasonable attorney fee as part of costs.
§ 3218. Criminal penalties.
(a) Application of chapter.--Notwithstanding any other
provision of this chapter, no criminal penalty shall apply to a
woman who violates any provision of this chapter solely in order
to perform or induce or attempt to perform or induce an abortion
upon herself. Nor shall any woman who undergoes an abortion be
found guilty of having committed an offense, liability for which
is defined under section 306 (relating to liability for conduct
of another; complicity) or Chapter 9 (relating to inchoate
crimes), by reason of having undergone such abortion.
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30 (b) False statement, etc.--A person commits a misdemeanor of
the second degree if, with intent to mislead a public servant in
performing his official function under this chapter, such
person:
(1) makes any written false statement which he does not
believe to be true; or
(2) submits or invites reliance on any writing which he
knows to be forged, altered or otherwise lacking in
authenticity.
(c) Statements "under penalty".--A person commits a
misdemeanor of the third degree if such person makes a written
false statement which such person does not believe to be true on
a statement submitted as required under this chapter, bearing
notice to the effect that false statements made therein are
punishable.
(d) Perjury provisions applicable.--Section 4902(c) through
(f) (relating to perjury) apply to subsections (b) and (c).
§ 3219. State Board of Medicine; State Board of Osteopathic
Medicine.
(a) Enforcement.--It shall be the duty of the State Board of
Medicine and the State Board of Osteopathic Medicine to
vigorously enforce those provisions of this chapter, violation
of which constitutes "unprofessional conduct" within the meaning
of the act of October 5, 1978 (P.L.1109, No.261), known as the
Osteopathic Medical Practice Act, the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of 1985, or
their successor acts. Each board shall have the power to
conduct, and its responsibilities shall include, systematic
review of all reports filed under this chapter.
(b) Penalties.--Except as otherwise herein provided, upon a
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30 finding of "unprofessional conduct" under the provisions of this
chapter, the board shall, for the first such offense, prescribe
such penalties as it deems appropriate; for the second such
offense, suspend the license of the physician for at least 90
days; and, for the third such offense, revoke the license of the
physician.
(c) Reports.--The board shall prepare and submit an annual
report of its enforcement efforts under this chapter to the
General Assembly, which shall contain the following items:
(1) number of violations investigated, by section of
this chapter;
(2) number of physicians complained against;
(3) number of physicians investigated;
(4) penalties imposed; and
(5) such other information as any committee of the
General Assembly shall require.
Such reports shall be available for public inspection and
copying.
§ 3220. Construction.
(a) Referral to coroner.--The provisions of section 503(3)
of the act of June 29, 1953 (P.L.304, No.66), known as the
"Vital Statistics Law of 1953," shall not be construed to
require referral to the coroner of cases of abortions performed
in compliance with this chapter.
(b) Other laws unaffected.--Apart from the provisions of
subsection (a) and section 3214 (relating to reporting) nothing
in this chapter shall have the effect of modifying or repealing
any part of the "Vital Statistics Law of 1953" or section 5.2 of
the act of October 27, 1955 (P.L.744, No.222), known as the
"Pennsylvania Human Relations Act."
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30 (c) Required statement.--When any provision of this chapter
requires the furnishing or obtaining of a nonnotarized statement
or verification, the furnishing or acceptance of a notarized
statement or verification shall not be deemed a violation of
that provision.]
Section 7. Title 35 is amended by adding a part to read:
PART VII
REPRODUCTIVE RIGHTS
Chapter
91. Reproductive Freedom
CHAPTER 91
REPRODUCTIVE FREEDOM
Sec.
9101. Short title of chapter.
9102. Legislative intent.
9103. Definitions.
9104. Abortion and assisted reproduction, generally.
9105. Reproductive coercion.
9106. Pregnant individuals who are incapacitated.
9107. Commonwealth interference prohibited.
9108. Determination of gestational age.
9109. Abortion of pregnancy of 24 or more weeks' gestational
age.
9110. Prohibited acts.
9111. Public officers and public money.
9112. State Boards of Medicine, Osteopathic Medicine and
Nursing.
9113. Discrimination against providers.
9114. Telemedicine.
9115. Construction.
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30 § 9101. Short title of chapter.
This chapter shall be known and may be cited as the
Reproductive Freedom Act.
§ 9102. Legislative intent.
(a) Rights and interests.--The General Assembly finds as
follows:
(1) It is the intention of the General Assembly to:
(i) Ensure that all people have the freedom to chart
the course of their own lives, including the fundamental
decision as to whether or not to become a parent.
(ii) Protect this freedom by eliminating unnecessary
and burdensome restrictions on the right to access
abortion and extend legal protections to prevent any
person from coercion to have or forgo an abortion.
(2) It is assumed that all people weighing reproductive
decisions are aware of the longstanding debate regarding
abortion and that any individual seeking an abortion is
therefore making an informed decision.
(3) An abortion should be performed at the earliest
opportunity by the method a patient and the patient's
provider determine most appropriate, and the Commonwealth
should facilitate the ease of this activity.
(4) The rights and interests furthered by this chapter
need to be codified and protected by law.
(b) Construction.--In relevant proceedings in which it is
possible to do so without violating the Constitution of the
United States, the common and statutory law of this Commonwealth
shall be construed to extend to pregnant individuals the
protection of their individual liberty, in keeping with the
Commonwealth's public values of self-determination, freedom and
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30 tolerance.
(c) Right of conscience.--It is the public policy of the
Commonwealth to:
(1) Respect and protect the right of conscience of all
individuals who refuse to obtain, receive, accept or provide
abortions, including persons who are generally engaged in the
delivery of general medical services and medical care.
(2) Prohibit all forms of discrimination,
disqualification, coercion, disability or imposition of
liability or financial burden upon individuals by reason of
their refusal to act contrary to their conscience or
conscientious convictions by not obtaining, receiving,
accepting or providing abortions.
§ 9103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abortion." A medical treatment intended to terminate a
diagnosable intrauterine pregnancy for a purpose other than to
produce a live birth. The term does not include:
(1) a medical treatment to remove a dead fetus or embryo
whose death was the result of a spontaneous abortion; or
(2) the use or prescription of a drug or device that
prevents pregnancy.
"Assisted reproduction." A treatment or procedure that
includes the handling of a human oocyte or embryo, including in
vitro fertilization, gamete intrafallopian transfer, zygote
intrafallopian transfer and any similar technology determined by
regulation of the department.
"Coercive control." Behavior through which an individual
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30 knowingly gains power over another individual through any of the
following:
(1) Conduct that has, or is reasonably likely to have,
any of the following effects:
(i) isolating the individual from friends, relatives
or other sources of support;
(ii) depriving the individual of basic necessities;
(iii) controlling, regulating or monitoring the
individual's movements, communications, daily behavior,
finances, economic resources or access to services;
(iv) compelling the individual by force, threat or
intimidation, including, but not limited to, threats
based on actual or suspected immigration status, to
either engage in conduct from which the individual has a
right to abstain or abstain from conduct that the
individual has a right to pursue;
(v) frequent name-calling, degradation and demeaning
of the individual;
(vi) threatening to harm or kill the individual or a
child or relative of the individual;
(vii) threatening to make public information or make
reports to the police or to the authorities;
(viii) damaging property or household goods; or
(ix) forcing the person to take part in criminal
activity or child abuse.
(2) Conduct that has, may have or is reasonably likely
to have an effect specified under paragraph (1) on the other
individual, even if the conduct is directed at a third party,
including a child, relative, friend or a companion animal
owned by or in the possession of the other individual.
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30 "Companion animal." The term:
(1) Includes:
(i) A domestic or feral dog, domestic or feral cat,
nonhuman primate, guinea pig, hamster, rabbit not raised
for human food or fiber, exotic or native animal, reptile
or exotic or native bird.
(ii) A feral animal or an animal under the care,
custody or ownership of an individual.
(iii) An animal that is bought, sold, traded or
bartered.
(2) Does not include an agricultural animal, game
species or an animal regulated under Federal law such as a
research animal.
"Complication." Any of the following:
(1) A hemorrhage, infection, uterine perforation,
cervical laceration or retained product.
(2) Any other medical issue that may, in a qualified
clinician's good faith medical judgment, result in:
(i) the death of a patient;
(ii) substantial impairment to the physical or
mental health of a patient; or
(iii) the likelihood that a pregnancy will result in
a stillbirth.
"Conscience." A sincerely held set of moral convictions
fulfilling a role in the life of the possessor parallel to that
filled by a deity among adherents to a religious faith.
"Department." The Department of Health of the Commonwealth.
"Disciplinary action." An appropriate sanction for
unprofessional conduct as defined by the following laws for the
respective qualified clinicians:
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physician's assistants subject to the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, or the act of December 20, 1985 (P.L.457, No.112), known
as the Medical Practice Act of 1985.
(2) Certified registered nurse practitioners subject to
the act of May 22, 1951 (P.L.317, No.69), known as The
Professional Nursing Law.
(3) Nurse-midwives subject to 49 Pa. Code Ch. 18 Subch.
A (relating to licensure and regulation of midwife
activities).
"Facility." A public or private hospital, clinic, center,
medical school, medical training institution, health care
facility, physician's office, infirmary, dispensary, ambulatory
surgical center or other institution or location in which
medical care is provided to an individual.
"Fertilization." The fusion of a human spermatozoon with a
human ovum.
"Gestational age." The age of a pregnancy as calculated from
the first day of the last known menstrual period.
"Hospital." An institution licensed under the laws of this
Commonwealth.
"In vitro fertilization." The purposeful fertilization of a
human ovum outside a living body.
"Medical emergency." A condition which, on the basis of a
qualified clinician's good faith clinical judgment, complicates
the medical condition of a pregnant individual as to necessitate
the immediate termination of the subject pregnancy to either
avert the pregnant individual's death or for which a delay will
create any of the following:
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30 (1) A substantial risk of impairment of a bodily
function.
(2) A substantial likelihood of stillbirth.
(3) A substantial risk of detriment to the mental health
of the pregnant individual.
"Medical personnel." A nurse, nurse's aide, medical school
student, professional or other individual who furnishes or
assists in the furnishing of medical care.
"Physician." A medical doctor or doctor of osteopathy
licensed to practice medicine in this Commonwealth.
"Pregnancy." As follows:
(1) The human reproductive process, beginning with the
implantation of an embryo within an individual's uterus.
(2) A developing embryo or fetus that has undergone
uterine implantation.
"Pregnant." Experiencing a pregnancy.
"Probable gestational age of the pregnancy." In the judgment
of the attending qualified clinician to an abortion, what will
be, with reasonable probability, the progress of the pregnancy
at the time that the abortion is performed.
"Qualified clinician." Any of the following professionals
who are eligible to perform abortions in this Commonwealth, in
accordance with regulations as promulgated by the department:
(1) A physician.
(2) A certified registered nurse practitioner as defined
in section 2(12) of The Professional Nursing Law.
(3) A physician assistant as defined in section 2 of the
Osteopathic Medical Practice Act.
(4) A nurse-midwife under 49 Pa. Code Ch. 18 Subch. A.
"Reproductive coercion." Any of the following:
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or forgo an abortion through force, threat of force,
intimidation or coercive control.
(2) Deliberately interfering with contraception use or
access to reproductive health information.
§ 9104. Abortion and assisted reproduction, generally.
(a) General rule.--The department may promulgate regulations
as necessary to ensure that abortion and assisted reproduction
are appropriately regulated within this Commonwealth.
Regulations under this section shall ensure the safety of the
procedure, that access to procedures is not infringed by
government actors unless the restriction is narrowly tailored to
address compelling government interest and that privacy is
maintained. The regulations may include, but are not limited to,
provisions relating to:
(1) Facilities in which abortions and assisted
reproduction are performed.
(2) Levels of certification necessary to perform
different procedures.
(3) Medically useful or necessary related reporting
requirements for qualified clinicians.
(b) Certain regulations prohibited.--
(1) Except as specifically provided in this chapter, no
regulation promulgated by the department pertaining to
abortion or assisted reproduction procedures may exceed
reasonable regulations that would be imposed on any other
similar procedure, area of practice, facility or
practitioner.
(2) An attempt to impose a greater regulatory burden
upon abortion or assisted reproduction procedures, providers
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30 or facilities because of their involvement in abortion or
assisted reproduction is prohibited and subject to civil
remedy as described in section 9113(b) (relating to
discrimination against providers).
§ 9105. Reproductive coercion.
(a) Prohibition.--Reproductive coercion is prohibited.
(b) Cause of action.--A victim of reproductive coercion,
whether attempted or successful, may bring a civil action
against a person that engaged in the reproductive coercion. The
action may be brought in the court of common pleas of the county
where the victim resides or where the attempted or completed
reproductive coercion occurred.
(c) Damages.--In an action brought under subsection (b), the
court may award the following forms of relief:
(1) Compensatory damages, including reasonable attorney
fees.
(2) Punitive damages.
(3) Injunctive relief as the court finds appropriate.
§ 9106. Pregnant individuals who are incapacitated.
(a) Consent.--
(1) Notwithstanding any other provision of law, except
in the case of a medical emergency or as otherwise provided
in this section, if a pregnant individual has been adjudged
an incapacitated person under 20 Pa.C.S. § 5511 (relating to
petition and hearing; independent evaluation), a qualified
clinician may not perform an abortion upon the pregnant
individual unless the qualified clinician first obtains the
informed consent of the pregnant individual or, if the
pregnant individual is incapable of providing informed
consent, the pregnant individual's guardian of the person.
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under paragraph (1), the pregnant individual's guardian of
the person shall only consider the pregnant individual's best
interests.
(b) Petition and order.--
(1) If the pregnant individual's guardian of the person
refuses to consent under subsection (a) or makes a decision
regarding the abortion that conflicts with the judgment of
the pregnant individual and the pregnant individual is
capable of making a decision regarding the abortion, the
court of common pleas of the judicial district in which the
pregnant individual resides or in which the abortion is
sought shall, upon petition or motion, after an appropriate
hearing, issue an order regarding the abortion.
(2) If the court determines that the pregnant individual
is capable of giving informed consent to the proposed
abortion and has, in fact, given informed consent, the court
shall authorize a qualified clinician to perform the
abortion.
(3) If the court determines that the pregnant individual
is not capable of giving informed consent or does not claim
to be capable of giving informed consent, the court shall
determine whether the performance of an abortion upon the
pregnant individual is in the pregnant individual's best
interests. If the court determines that the performance of an
abortion is in the best interests of the pregnant individual,
the court shall authorize a qualified clinician to perform
the abortion.
(c) Representation in proceedings.--
(1) The pregnant individual may participate in
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behalf.
(2) The court may appoint a guardian ad litem to assist
the pregnant individual.
(3) The court shall:
(i) Advise the pregnant individual that the
individual has a right to court-appointed counsel.
(ii) Provide the pregnant individual with court-
appointed counsel unless the individual wishes to appear
with private counsel or has knowingly and intelligently
waived representation by counsel.
(d) Proceedings.--The following apply to court proceedings
for a pregnant individual described under subsection (a)(1):
(1) The court proceedings shall be confidential and
shall be given precedence over other pending matters as will
ensure that the court reaches a decision promptly and without
delay in order to serve the best interests of the pregnant
individual.
(2) The court of common pleas must rule within three
business days of the date of application under this section.
(3) A court of common pleas that conducts proceedings
under this section shall make in writing specific factual
findings and legal conclusions supporting the court of common
pleas' decision and shall, upon the initial filing of the
pregnant individual's petition for judicial authorization of
an abortion, order a sealed record of the petition,
pleadings, submissions, transcripts, exhibits, orders,
evidence and other written material to be maintained,
including the court's findings and conclusions.
(4) The application to the court of common pleas shall
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the information in the application is true and correct to the
best of the knowledge of the pregnant individual or the
individual's guardian of the person.
(5) The application to the court of common pleas shall
specify the following:
(i) The initials of the pregnant individual.
(ii) The age of the pregnant individual.
(iii) The name and address of the pregnant
individual's guardian of the person.
(iv) A statement as to whether the pregnant
individual has been fully informed of the risks and
consequences of the abortion.
(v) A statement as to whether the pregnant
individual is of sound mind and has sufficient
intellectual capacity to consent to the abortion.
(vi) A request for relief asking the court to either
grant the pregnant individual full capacity for the
purpose of personal consent to the abortion or give
judicial consent to the abortion under this section based
upon a finding that the abortion is in the best interests
of the individual.
(vii) A statement that the pregnant individual is
aware that false statements made in the application are
punishable by law.
(viii) The signature of the pregnant individual or
the individual's guardian of the person.
(6) If necessary to serve the interest of justice, the
orphans' court division, or, in Philadelphia, the family
court division, shall refer the pregnant individual or
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personnel for assistance in preparing the application.
(7) The following provisions apply to proceedings under
this section:
(i) The name of the pregnant individual shall not be
entered on a docket that is subject to public inspection.
(ii) All individuals shall be excluded from hearings
under this section except:
(A) The individual who is making the application
to the court or is the subject of the application to
the court.
(B) The pregnant individual's guardian of the
person.
(C) Any other individual whose presence is
specifically requested by the individual or the
individual's guardian of the person.
(8) At a hearing under this section, the court shall
hear evidence relating to:
(i) The emotional development, maturity, intellect
and understanding of the individual.
(ii) The fact and duration of the individual's
pregnancy.
(iii) The nature of, possible consequences of and
alternatives to the abortion.
(iv) Other matters the court may find useful in
determining whether the pregnant individual should be
granted full capacity for the purpose of consenting to
the abortion or whether the abortion is in the best
interests of the individual.
(9) The court shall notify the individual at a hearing
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individual's application within three business days of the
date of the filing of the application and that, if the court
fails to rule in favor of the individual's application within
the three-day period, the individual has the right to appeal
to the Superior Court.
(e) Reproductive coercion and incapacitated individuals.--
The court shall provide the pregnant individual under this
subsection with counsel, expedite the matter and grant relief as
may be necessary to prevent reproductive coercion.
(f) Filing fees.--Filing fees may not be imposed on
individuals availing themselves of the procedures provided by
this section.
(g) Penalty.--
(1) A person is guilty of an offense under this section
if the person:
(i) Performs an abortion upon a pregnant individual
who is incapacitated:
(A) with knowledge that the pregnant individual
is an incapacitated individual to whom this section
applies; or
(B) with reckless disregard or negligence as to
whether the pregnant individual is an incapacitated
individual to whom this section applies.
(ii) Intentionally, knowingly or recklessly fails to
conform to a requirement of this section.
(2) A person who violates paragraph (1) is guilty of
unprofessional conduct and the person's license for the
practice of medicine and surgery shall be suspended in
accordance with procedures provided under the act of October
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30 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical
Practice Act, or the act of December 20, 1985 (P.L.457,
No.112), known as the Medical Practice Act of 1985, for a
period of at least three months.
(3) Failure to comply with the requirements of this
section is prima facie evidence of failure to obtain informed
consent and of interference with the relationship between the
pregnant individual and the individual's guardian of the
person, which may be the subject of an appropriate civil
action.
(4) The laws of this Commonwealth shall not be construed
to preclude the award of exemplary damages or damages for
emotional distress even if unaccompanied by physical
complications in an appropriate civil action relevant to a
violation of this section.
§ 9107. Commonwealth interference prohibited.
(a) Methods of contraception.--The Commonwealth may not
interfere with the use of medically appropriate methods of
contraception or the manner in which medically appropriate
methods of contraception are provided.
(b) Other interference.--Notwithstanding any other provision
of this title or any other law or regulation, the Commonwealth
may not interfere with the right of an individual to choose or
obtain an abortion if:
(1) the individual's pregnancy has not progressed beyond
24 weeks; or
(2) the individual's physician reasonably believes that
an abortion at any point beyond 24 weeks of pregnancy is, in
the physician's good faith medical judgment, necessary to
prevent:
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30 (i) the death of the individual; or
(ii) substantial impairment of or risk to the
physical or mental health of the individual.
§ 9108. Determination of gestational age.
(a) Requirement.--
(1) Except in the case of a medical emergency that
prevents compliance with this section, an abortion may not be
performed or induced unless the referring qualified clinician
or the qualified clinician performing or inducing the
abortion has first made a determination of the probable
gestational age of the pregnancy.
(2) In making the determination under paragraph (1), the
qualified clinician shall make inquiries of the pregnant
individual or perform or cause to be performed medical
examinations and tests as a prudent qualified clinician would
consider necessary to make or perform in making an accurate
diagnosis with respect to gestational age.
(3) The qualified clinician who performs or induces the
abortion shall report the type of inquiries made and the type
of examinations and tests utilized to determine the
gestational age of the pregnancy and the basis for the
diagnosis with respect to gestational age on forms provided
by the department.
(b) Penalties.--A qualified clinician who fails to conform
to a requirement of this section is guilty of unprofessional
conduct and may be subject to disciplinary action.
§ 9109. Abortion of pregnancy of 24 or more weeks' gestational
age.
(a) Prohibition.--Except as provided in subsection (b), an
individual may not perform or induce an abortion upon a pregnant
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more weeks.
(b) Exceptions.--A physician who performs or induces an
abortion does not violate subsection (a) if the physician
reasonably believes the abortion is, in the physician's good
faith medical judgment, necessary to prevent:
(1) the death of the pregnant individual; or
(2) substantial impairment to the physical or mental
health of the pregnant individual.
(c) Reporting.--A physician who performs or induces an
abortion authorized under subsection (b) shall report the
abortion to the department, on a form provided by the
department. The report shall certify the medical basis informing
the physician's judgment that the abortion was medically
necessary and in compliance with subsection (b).
(d) Penalties.--An individual who violates subsection (a),
(b) or (c) is guilty of unprofessional conduct and may be
subject to disciplinary action.
§ 9110. Prohibited acts.
(a) Participation in abortion.--
(1) Except as provided in paragraph (2), medical
personnel or a facility and an employee, agent or student
thereof, may not be required against the individual's or
facility's conscience to aid, abet or facilitate the
performance of an abortion or the dispensing of an
abortifacient.
(2) A facility that is substantially and publicly
dedicated to the performance or facilitation of abortion and
the facility's medical personnel, employees, agents and
students are excluded from paragraph (1).
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shall not be a basis for:
(i) A civil, criminal, administrative or
disciplinary action, penalty or proceeding.
(ii) Refusing to hire an individual for or admit an
individual to the facility.
(4) An individual who knowingly violates this subsection
shall be civilly liable to another individual injured by the
violation and, in addition, shall be liable to the other
individual for punitive damages in the amount of $5,000.
(5) Nothing in this subsection shall be construed to:
(i) limit the provisions of the act of October 27,
1955 (P.L.744, No.222), known as the Pennsylvania Human
Relations Act; or
(ii) conflict with 42 U.S.C. § 1395dd (relating to
examination and treatment for emergency medical
conditions and women in labor).
(b) (Reserved).
§ 9111. Public officers and public money.
(a) General rule.--Federal or State money appropriated by
the Commonwealth for the provision of legal services performed
by private agencies, and public money generated by collection of
interest on lawyer's trust accounts as authorized by statute,
may not be used to:
(1) advocate for the prohibition of abortion or the
freedom to choose abortion; or
(2) provide legal assistance with respect to a
proceeding or litigation that seeks to compel or prevent the
performance or assistance in the performance of an abortion.
(b) Construction.--Nothing in this section shall be
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(1) require or prevent the expenditure of money pursuant
to a court order awarding fees for attorney services under 42
U.S.C. § 1988 (relating to proceedings in vindication of
civil rights); or
(2) prevent the use of public money to provide court-
appointed counsel in a proceeding authorized under this
chapter.
§ 9112. State Boards of Medicine, Osteopathic Medicine and
Nursing.
(a) Enforcement.--The State Board of Medicine, the State
Board of Osteopathic Medicine and the State Board of Nursing, or
their successor agencies, shall enforce a violation of this
chapter that constitutes unprofessional conduct within the
meaning of the act of May 22, 1951 (P.L.317, No.69), known as
The Professional Nursing Law, the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, or the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985.
(b) Reports.--
(1) A board identified in subsection (a) shall prepare
and submit to the department an annual report of the board's
enforcement under this chapter.
(2) The annual report shall contain:
(i) The number of violations investigated, itemized
by section of this chapter.
(ii) The number of qualified clinicians who are
subjects of the complaints.
(iii) The number of qualified clinicians
investigated.
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(v) Other information required by regulation of the
department.
(3) The annual report shall be accessible for inspection
and duplication in accordance with the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law.
§ 9113. Discrimination against providers.
(a) Right of operation.--A facility or qualified clinician
authorized to perform abortion services within this Commonwealth
shall not be obstructed or denied the right to operate by a
municipality or the department as a result of the abortion
services offered by the facility or qualified clinician.
(b) Right to action.--An owner of a medical facility
offering abortion services, or a qualified clinician offering
abortion services, within this Commonwealth that is allegedly
the subject of a violation of subsection (a) may bring a cause
of action in a court of competent jurisdiction. The court may
award the following relief:
(1) compensatory damages;
(2) punitive damages; or
(3) injunctive relief as the court finds appropriate.
§ 9114. Telemedicine.
(a) Requirement.--
(1) A pregnant individual may meet with a qualified
clinician electronically via telemedicine to satisfy the
requirements of section 9108 (relating to determination of
gestational age), as well as for a nonsurgical medical
abortion in accordance with regulations promulgated by the
department.
(2) In making the determination of gestational age, the
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necessary to determine an accurate diagnosis with respect to
gestational age.
(b) Penalty.--A qualified clinician who fails to conform to
a requirement of this section, or a regulation promulgated under
this section, is guilty of unprofessional conduct and shall be
subject to disciplinary action.
§ 9115. Construction.
(a) Referral to coroner.--Section 503(3) of the act of June
29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of
1953, shall not be construed to require referral to the coroner
of a case of abortion performed in compliance with this chapter.
(b) Other laws unaffected.--Except as otherwise provided in
subsection (a), nothing in this chapter shall have the effect of
modifying or repealing any part of the Vital Statistics Law of
1953 or section 5.2 of the act of October 27, 1955 (P.L.744,
No.222), known as the Pennsylvania Human Relations Act.
(c) Required statement.--When a provision of this chapter
requires the furnishing or obtaining of a nonnotarized statement
or verification, the furnishing or acceptance of a notarized
statement or verification shall not be deemed a violation of the
provision.
Section 8. Chapter 33 of Title 40 is repealed:
[CHAPTER 33
COMPLIANCE WITH FEDERAL
HEALTH CARE LEGISLATION
Sec.
3301. Definitions.
3302. Opt-out for abortion.
§ 3301. Definitions.
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30 The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abortion." The term shall have the same meaning given to it
in 18 Pa.C.S. § 3203 (relating to definitions).
"Complication." The term shall have the same meaning given
to it in 18 Pa.C.S. § 3203 (relating to definitions).
"Health insurance exchange." The term shall mean an
insurance system established to comply with section 1311(b) or
1321(c) of the Patient Protection and Affordable Care Act
(Public Law 111-148, 42 U.S.C. § 18031(b) or 18041(c)).
§ 3302. Opt-out for abortion.
(a) Prohibition.--The Commonwealth of Pennsylvania hereby
elects pursuant to the authority granted the states under
section 1303(a) of the Patient Protection and Affordable Care
Act (Public Law 111-148, 42 U.S.C. § 18023(a)) to prohibit
certain abortion coverage in qualified health plans offered
through the health insurance exchange under subsection (b).
(b) Included coverage prohibition.--No qualified health plan
offered in this Commonwealth through the health insurance
exchange shall include coverage for the performance of any
abortion unless the reason the abortion is performed is one for
which the expenditure of public funds would be permitted under
18 Pa.C.S. § 3215(c) (relating to publicly owned facilities;
public officials and public funds).
(c) Excluded coverage prohibited.--No qualified health plan
offered in this Commonwealth through a health insurance exchange
shall exclude coverage for:
(1) Treatment of any postabortion complication.
(2) Treatment of any miscarriage or any complication
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30 related to a miscarriage.
(d) Option.--Nothing in this section shall prohibit an
individual from purchasing optional supplemental abortion
coverage provided the individual pays a separate premium for the
coverage and obtains the coverage outside of the health
insurance exchange.]
Section 9. Nothing in 35 Pa.C.S. Ch. 91 shall be construed
to prohibit contracts entered into, orders in effect or cases
commenced prior to the effective date of this section.
Section 10. The addition of 35 Pa.C.S. Ch. 91 shall apply to
contracts entered into, orders in effect and cases commenced on
or after the effective date of this section.
Section 11. This act shall take effect in 60 days.
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