PRINTER'S NO. 1810
No. 1537 Session of 1995
INTRODUCED BY CURRY, ROONEY, VEON, STEELMAN, ITKIN, BEBKO-JONES,
RUDY, MUNDY, OLASZ, JOSEPHS, YOUNGBLOOD, ROEBUCK, MERRY AND
RICHARDSON, MAY 3, 1995
REFERRED TO COMMITTEE ON JUDICIARY, MAY 3, 1995
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing civil remedies
3 against certain activities at medical facilities.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8372. Actions for harassment at medical facilities.
9 (a) General rule.--A civil action may arise against a person
10 who knowingly and unreasonably, alone or in concert with others,
11 prevents or attempts to prevent an individual from entering or
12 leaving a medical facility by physically detaining the
13 individual or by physically obstructing, impeding or hindering
14 the individual's passage.
15 (b) Exception.--This section shall not prohibit activity
16 related to a labor dispute conducted in accordance with the act
17 of May 18, 1937 (P.L.674, No.177), known as the Pennsylvania
18 Labor Mediation Act, or the act of July 23, 1970 (P.L.563,
1 No.195), known as the Public Employe Relations Act.
2 (c) Remedies.--The civil action may be initiated by facility
3 owners, administrators, patients or a combination thereof, who
4 may seek the following remedies:
5 (1) An injunction to halt the undesired activities.
6 (2) Compensatory damages.
7 (3) Punitive damages.
8 (4) Attorney fees.
9 (d) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Medical facility." A doctor's office or an agency, clinic,
13 facility or office operated under the direction or regulatory
14 authority of the Department of Health.
15 "Person." Excludes the following:
16 (1) The chief executive officer of a medical facility.
17 (2) The chief executive officer's designee.
18 (3) An agent of a medical facility.
19 (4) A law enforcement officer acting within the proper
20 scope of his authority.
21 "Physically." Excludes speech.
22 Section 2. This act shall take effect in 60 days.
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