PRIOR PRINTER'S NOS. 371, 2627 PRINTER'S NO. 2646
No. 358 Session of 1999
INTRODUCED BY FEESE, DEMPSEY, PHILLIPS, GEIST, HERMAN, READSHAW,
FAIRCHILD, CORRIGAN, S. MILLER, DALLY, FARGO, WALKO,
E. Z. TAYLOR, MICHLOVIC, SATHER, HENNESSEY, STERN, WILLIAMS,
ROSS, M. COHEN, ORIE, PLATTS, JAMES, YOUNGBLOOD, HARHAI,
STEELMAN AND WASHINGTON, FEBRUARY 8, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 10, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for neglect of care-
3 dependent person.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2713(e) and the definition of "caretaker"
7 in subsection (f) of Title 18 of the Pennsylvania Consolidated
8 Statutes are amended to read:
9 § 2713. Neglect of care-dependent person.
10 * * *
11 (e) Treatment in conformance with care-dependent person's
12 right to accept or refuse services.--A caretaker or any other
13 individual or facility may offer an affirmative defense to
14 charges filed pursuant to this section if the caretaker,
15 individual or facility can demonstrate through [a preponderance
16 of the] clear and convincing evidence that the alleged
1 violations result directly from:
2 (1) the caretaker's, individual's or facility's lawful
3 compliance with a care-dependent person's advance directive
4 for health care as provided in 20 Pa.C.S. Ch. 54 (relating to
5 advance directive for health care);
6 (2) the caretaker's, individual's or facility's lawful
7 compliance with the care-dependent person's written, signed
8 and witnessed instructions, composed when the care-dependent
9 person is competent as to the treatment he wishes to receive;
10 (3) the caretaker's, individual's or facility's lawful
11 compliance with the direction of the care-dependent person's
12 attorney-in-fact acting pursuant to a lawful durable power of
13 attorney; or
14 (4) the caretaker's, individual's or facility's lawful
15 compliance with a "Do Not Resuscitate" order written and
16 signed by the care-dependent person's attending physician.
17 (f) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 * * *
21 "Caretaker." Any person who:
22 (1) is an owner, operator, manager or employee of a
23 nursing home, personal care home, domiciliary care home,
24 HOSPITAL, REHABILITATION HOSPITAL, community residential <--
25 facility, intermediate care facility for the mentally
26 retarded, adult daily living center, home health agency or
27 home health service provider whether licensed or unlicensed;
28 (1.1) assumes the responsibility of care for a care-
29 dependent person and who is a member of the care-dependent
30 person's family, as defined in 23 Pa.C.S. § 6102 (relating to
19990H0358B2646 - 2 -
1 definitions);
2 (2) provides care to a care-dependent person in the
3 setting described in paragraph (1); or
4 (3) has an obligation to care for a care-dependent
5 person for monetary consideration in the settings described
6 in paragraph (1) or in the care-dependent person's home.
7 * * *
8 Section 2. This act shall take effect in 60 days.
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