THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, SCARNATI, PILEGGI, BAKER, ERICKSON, FONTANA, KASUNIC, MENSCH, WARD, ALLOWAY, BROWNE, BREWSTER, BRUBAKER, SMUCKER, STACK, TOMLINSON, WASHINGTON, D. WHITE, WOZNIAK, YUDICHAK, DINNIMAN, EARLL, EICHELBERGER, FOLMER, GORDNER, ORIE, PIPPY, RAFFERTY AND ROBBINS, MARCH 2, 2011

REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 2, 2011  

AN ACT

Regulating certain facilities which perform abortions; imposing

powers and duties on the Department of Health and the

Legislative Reference Bureau; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Department of

Health Abortion Facility Oversight Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise: 

"Abortion."  As defined in 18 Pa.C.S. § 3203 (relating to

definitions).

"Abortion facility."  A facility:

(1)  which is not subject to licensure under act of July

19, 1979 (P.L.130, No.48), known as the Health Care

Facilities Act; and 

(2) in which abortions are performed on an elective

basis.

"Certificate."  A certificate of compliance under section

3(c).

"Certificate holder."  An abortion facility which holds a

certificate.

"Complainant."  An individual who contacts the department for

the purpose of making a complaint.

"Complaint."  A communication received by the department,

which describes conduct in violation of this act or any other

statute pertaining to abortions or abortion facilities.

"Department."  The Department of Health of the Commonwealth.

"Inspection."  An examination by the department, including

interviews with the office staff, clients and individuals

providing abortions or assisting in providing abortions, and a

review of documents pertinent to initial and continued

compliance for the purpose of operating an abortion facility.

"Serious event."  As defined in section 302 of the act of

March 20, 2002 (P.L.154, No.13), known as the Medical Care

Availability and Reduction of Error (Mcare) Act.

Section 3.  Approval and certificate.

(a)  Approval required.--An abortion facility must be

approved by the department.

(b)  Procedure.--

(1)  An abortion facility must submit an application for

approval to the department on a form prescribed by the

department.

(2)  Upon receipt of an application under paragraph (1),

the department shall inspect the abortion facility to

determine the ability to comply with this act.

(c)  Certificate.--

(1)  If the department determines that the abortion

facility is able to comply with this act, the department

shall register the abortion facility and issue a certificate

indicating all of the following:

(i)  Name.

(ii)  Compliance with statutory and regulatory

requirements.

(iii)  Term. The term shall be for a period of not

more than one year.

(iv)  Name and signature of the inspector and the

date the inspection took place.

(2)  A certificate of compliance is nontransferable.

(3)  The abortion facility shall prominently display the

certificate where it is visible to patients.

(d)  Recertification.--Before expiration of the term under

subsection (c)(1)(iii), an abortion facility must apply for

recertification in accordance with subsection (c).

Section 4.  Inspections.

(a)  Authority.--

(1)  An inspector of the department may, with

identification, enter and inspect an abortion facility which:

(i)  holds a certificate; or

(ii)  is seeking approval, registration and

certification.

(2)  In an inspection, the department shall have free and

full access to all of the following:

(i)  Premises and records of the abortion facility.

(ii)  Individuals employed by or under contract with

the abortion facility. This subparagraph includes the

opportunity to interview the individuals.

(b)  Timing.--

(1)  An initial inspection shall be conducted under

section 3(b)(2).

(2)  A renewal inspection shall be conducted for

recertification under section 3(d).

(3)  The department shall annually conduct at least one

unannounced inspection of each abortion facility holding a

certificate.

(4)  Within 72 hours of a report of a serious event, the

department shall conduct an inspection.

(5)  The department may conduct other inspections,

announced or unannounced, for the purpose of:

(i)  ensuring compliance; or

(ii)  investigating a complaint.

(c)  Reports.--Inspection reports and plans of correction

under section 5(c)(3) shall be posted on the department's

publicly accessible Internet website and shall be easily

searchable by the public.

Section 5.  Violations. 

(a)  Illegal actions.--The following are violations of this

act:

(1)  Violation of a regulation promulgated under this

act.

(2)  Transferring a certificate.

(3)  Obtaining or attempting to obtain a certificate in

violation of this act. This paragraph includes fraud or

deceit in the application process.

(4)  Gross incompetence, negligence or misconduct in

operation of the abortion facility.

(5)  Mistreating or abusing patients cared for in the

abortion facility.

(b)  Notice.--If the department observes a violation under

subsection (a), the department shall give written notice

specifying the violation.

(c)  Effect.--

(1)  The department may deny certification or

recertification until correction of the violation under

subsection (a).

(2)  If the department determines that a violation under

subsection (a) places patients in immediate danger, the

department shall immediately revoke certification.

(3)  Except as set forth in paragraph (1) or (2), within

ten days of notice under subsection (a), the abortion

facility shall prepare a plan of correction.

(4)  The department may assess an administrative penalty

against a certificate holder. This paragraph is subject to 2

Pa.C.S. Chs. 5. Subch. A (relating to practice and procedure

of Commonwealth agencies) and 7 Subch. A (relating to

judicial review of Commonwealth agency action).

Section 6.  Operation without certificate.

(a)  Prohibition.--A person may not operate an abortion

facility without a certificate. Each day of operation

constitutes a separate offense.

(b)  Penalty.--A person that violates subsection (a) commits

a summary offense and shall, upon conviction, be sentenced to

pay a fine of $250.

Section 7.  Complaints.

(a)  Procedure.--The department shall promulgate regulations

for a formal complaint process for a person to report a

violation of this act or a regulation promulgated under this

act. The process shall include:

(1)  A toll-free telephone number for lodging verbal

complaints.

(2)  A form, easily accessible on the department's

Internet website, to allow for electronic submission of

written complaints.

(3)  An intake system and protocols for dealing with

individuals making complaints directly to department

employees or through the postal system.

(4)  A complaint tracking system.

(b)  Treatment.--A complainant shall receive all of the

following:

(1)  Notification of the option to remain anonymous.

(2)  Written acknowledgment regarding the receipt of the

complaint.

(3)  Written notification of the final outcome of

investigation of the complaint.

Section 8.  Reports.

The department shall establish regular and formal mechanisms

for making reports about the administration of this act to the

Department of State. Complaints pertaining to any licensed

professional under the jurisdiction of the Bureau of

Professional and Occupational Appeals shall be reported as soon

as possible to the appropriate licensing board but no less than

24 hours after receipt.

Section 9.  Confidentiality.

Information regarding complainant and patient identity

received by the department shall be kept confidential and shall

not be subject to the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law. 

Section 10.  Regulations.

The department shall promulgate regulations to administer

this act. Existing regulations of the department applicable to

abortion facilities not clearly inconsistent with the provisions

of this act shall remain in effect until amended by the

department under this section.

Section 11.  Existing abortion facilities.

The department shall begin a process to ensure all of the

following:

(1)  Abortion facilities in existence on the effective

date of this section are able to receive a certificate if

warranted. When a certification process is in effect, the

department shall transmit notice of this fact to the

Legislative Reference Bureau for publication in the

Pennsylvania Bulletin.

(2)  Abortion facilities are in compliance with other

statutes administered by the department pertaining to

abortion facilities.

Section 12.  Construction.

Nothing in this act shall be construed to limit the

provisions of 18 Pa.C.S. Ch. 32 (relating to abortion) or limit

any regulation promulgated under 18 Pa.C.S. Ch. 32.

Section 30.  Effective date.

This act shall take effect as follows:

(1)  The following provisions shall take effect

immediately:

(i)  Section 2.

(ii)  Section 10.

(iii)  Section 11.

(iv)  This section.

(2)  Section 6 shall take effect 60 days after

publication of the notice under section 11(1).

(3)  The remainder of this act shall take effect in 60

days.