PRINTER'S NO. 252
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
197
Session of
2017
INTRODUCED BY GAINEY, FRANKEL, KINSEY, NEILSON, BULLOCK,
V. BROWN, McCLINTON, DAVIS, READSHAW, D. COSTA, McNEILL,
SCHWEYER AND DeLUCA, FEBRUARY 1, 2017
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 1, 2017
AN ACT
Providing for patients' rights; and establishing a Pain
Management and Palliative Care Task Force.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Legislative intent.
Section 103. Definitions.
Chapter 3. Patients' Bill of Rights
Section 301. Rights.
Section 302. Notification of rights.
Chapter 5. Education and Treatment
Section 501. Establishment of task force.
Section 502. Composition of task force.
Section 503. Meetings of task force.
Section 504. Compensation and expenses of task force members.
Section 505. Duties of task force.
Section 506. Report of task force.
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Chapter 11. Miscellaneous Provisions
Section 1101. Effect on legal actions.
Section 1102. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Patient
Comfort Act.
Section 102. Legislative intent.
The purpose of this act is to provide for education and
treatment of pain.
Section 103. 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:
"Department." The Department of Health of the Commonwealth.
"Health care facility." As defined in section 103 of the act
of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Health care provider." As defined in section 103 of the act
of July 19, 1979 (P.L.130, No. 48), known as the Health Care
Facilities Act.
"Palliative care." Patient and family-centered care that
optimizes quality of life by anticipating, preventing and
treating suffering. Palliative care throughout the continuum of
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illness involves addressing physical, intellectual, emotional,
social and spiritual needs and facilitating patient autonomy,
access to information and choice.
"Task force." The Pain Management and Palliative Care Task
Force established under Chapter 5.
CHAPTER 3
PATIENTS' BILL OF RIGHTS
Section 301. Rights.
Patients in health care facilities have the following rights:
(1) To be informed of all evidence-based options for
care and treatment, including palliative care, in order to
make a fully informed decision.
(2) When diagnosed with a terminal illness, to be
informed by a health care practitioner of all available
options related to terminal care; to be able to request any,
all or none of these options; and to expect and receive
supportive care for the specific option or options available.
(3) To request or reject the use of any or all
treatments in order to relieve pain.
(4) To receive competent and compassionate medical
assistance in managing physical and emotional symptoms.
(5) While suffering from a serious or life-limiting
illness or condition, to receive palliative care while
seeking and undergoing potentially curative treatment.
(6) To receive a reasonable answer to any specific
question about a diagnosis, prognosis or foreseeable risks
and benefits of a treatment option. A health care
practitioner shall not withhold any requested information
except to the extent that a reasonable health care
practitioner would withhold the information because the
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manner and extent of such disclosure could reasonably be
expected to adversely and substantially affect the patient's
condition, in which case the health care practitioner shall
provide the information to a member of the patient's
immediate family.
(7) To know by name the health care practitioner
primarily responsible for coordinating care.
Section 302. Notification of rights.
The department shall notify all health care facilities and
health care providers in writing of the enactment of this
chapter. The notification shall contain the actual language of
the patients' bill of rights and any relevant guidance.
CHAPTER 5
EDUCATION AND TREATMENT
Section 501. Establishment of task force.
The Pain Management and Palliative Care Task Force is
established in the department.
Section 502. Composition of task force.
The Secretary of Health or a designee shall serve as
chairperson of the task force. The members of the task force,
which the Secretary of Health shall be responsible for
appointing, shall be as follows:
(1) At least two of the members must be health care
practitioners specializing in pain management.
(2) At least two of the members must be health care
practitioners specializing in the care of the terminally ill.
(3) At least one of the members must be a health care
practitioner specializing in pediatric palliative care.
(4) At least two of the members must be faculty members
of a State-sponsored medical school.
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Section 503. Meetings of task force.
The task force shall convene within 90 days after the
appointments are made and published and shall meet at the
discretion of the chairperson.
Section 504. Compensation and expenses of task force members.
The members of the task force shall receive no compensation
for their services but shall be allowed their actual and
necessary expenses incurred in performance of their duties. Such
reimbursement shall be provided through the department.
Section 505. Duties of task force.
The task force shall have the following duties:
(1) To develop, using existing resources, a plan to
raise public awareness of the importance of pain management
and palliative care and the patients' bill of rights.
(2) To facilitate coordination of and communication
among State and local agencies and organizations to promote
palliative and pain management initiatives in this
Commonwealth.
(3) To research and develop a plan to ensure the
availability of concurrent care for pediatric patients facing
life-threatening illnesses.
(4) To research and develop a plan to ensure the
availability of palliative care in all hospitals in this
Commonwealth.
(5) To research and develop a plan which would ensure
that all State-supported medical schools have affiliations
with hospital palliative care programs.
Section 506. Report of task force.
On or before November 30, 2018, the task force shall present
a report to the chairperson of the Public Health and Welfare
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Committee of the Senate and the chairperson of the Health
Committee of the House of Representatives. The report shall
present findings on and recommendations for the subjects
assigned to the task force under section 505.
CHAPTER 11
MISCELLANEOUS PROVISIONS
Section 1101. Effect on legal actions.
Nothing in Chapter 3 or 5 creates a cause of action or
defense in favor of any person arising out of the failure to
comply with either chapter.
Section 1102. Effective date.
This act shall take effect in 60 days.
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