Regular Session 2021-2022 House Bill 2877 P.N. 3572

PRINTER'S NO. 3572

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2877

Session of

2022

INTRODUCED BY HOWARD, STURLA, MADDEN, KINSEY, SCHLOSSBERG,

GUENST, SANCHEZ, OTTEN, HOHENSTEIN, DELLOSO, HILL-EVANS, KIM,

ISAACSON, T. DAVIS AND SHUSTERMAN, OCTOBER 20, 2022

REFERRED TO COMMITTEE ON HEALTH, OCTOBER 20, 2022

AN ACT

Amending Titles 18 (Crimes and Offenses), 20 (Decedents, Estates

and Fiduciaries) and 35 (Health and Safety) of the

Pennsylvania Consolidated Statutes, in assault, further

providing for the offense of aggravated assault and for

probable cause arrests in domestic violence cases; repealing

provisions relating to abortion; in incapacitated persons,

further providing for provisions concerning powers, duties

and liabilities; providing for reproductive rights; imposing

duties on the Department of Health; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 2702(a) and (b) and 2711(a) of Title 18

of the Pennsylvania Consolidated Statutes are amended to read:

§ 2702. Aggravated assault.

(a) Offense defined.--A person is guilty of aggravated

assault if he:

(1) attempts to cause serious bodily injury to another,

or causes such injury intentionally, knowingly or recklessly

under circumstances manifesting extreme indifference to the

value of human life;

(2) attempts to cause or intentionally, knowingly or

recklessly causes serious bodily injury to any of the

officers, agents, employees or other persons enumerated in

subsection (c) or to an employee of an agency, company or

other entity engaged in public transportation, while in the

performance of duty;

(3) attempts to cause or intentionally or knowingly

causes bodily injury to any of the officers, agents,

employees or other persons enumerated in subsection (c), in

the performance of duty;

(4) attempts to cause or intentionally or knowingly

causes bodily injury to another with a deadly weapon;

(5) attempts to cause or intentionally or knowingly

causes bodily injury to a teaching staff member, school board

member or other employee, including a student employee, of

any elementary or secondary publicly-funded educational

institution, any elementary or secondary private school

licensed by the Department of Education or any elementary or

secondary parochial school while acting in the scope of his

or her employment or because of his or her employment

relationship to the school;

(6) attempts by physical menace to put any of the

officers, agents, employees or other persons enumerated in

subsection (c), while in the performance of duty, in fear of

imminent serious bodily injury;

(7) uses tear or noxious gas as defined in section

2708(b) (relating to use of tear or noxious gas in labor

disputes) or uses an electric or electronic incapacitation

device against any officer, employee or other person

enumerated in subsection (c) while acting in the scope of his

employment;

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(8) attempts to cause or intentionally, knowingly or

recklessly causes bodily injury to a child less than six

years of age, by a person 18 years of age or older; [or]

(9) attempts to cause or intentionally, knowingly or

recklessly causes serious bodily injury to a child less than

13 years of age, by a person 18 years of age or older[.]; or

(10) attempts to coerce or threaten an individual to

undergo or forgo an abortion.

(b) Grading.--Aggravated assault under subsection (a)(1),

(2) and (9) is a felony of the first degree. Aggravated assault

under subsection (a)(3), (4), (5), (6), [(7) and (8)] (7), (8)

and (10) is a felony of the second degree.

* * *

§ 2711. Probable cause arrests in domestic violence cases.

(a) General rule.--A police officer shall have the same

right of arrest without a warrant as in a felony whenever he has

probable cause to believe the defendant has violated section

2504 (relating to involuntary manslaughter), 2701 (relating to

simple assault), 2702(a)(3), [(4) and (5)] (4), (5) and (10)

(relating to aggravated assault), 2705 (relating to recklessly

endangering another person), 2706 (relating to terroristic

threats), 2709.1 (relating to stalking) or 2718 (relating to

strangulation) against a family or household member although the

offense did not take place in the presence of the police

officer. A police officer may not arrest a person pursuant to

this section without first observing recent physical injury to

the victim or other corroborative evidence. For the purposes of

this subsection, the term "family or household member" has the

meaning given that term in 23 Pa.C.S. § 6102 (relating to

definitions).

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* * *

Section 2. Chapter 32 of Title 18 is repealed:

[CHAPTER 32

ABORTION

§ 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

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in live births, or in delivery of children who could survive

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.

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

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conscience or conscientious convictions in refusing to obtain,

receive, subsidize, accept or provide abortions.

§ 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.

"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

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.

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"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

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

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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.

"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.

§ 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

(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

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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.

(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.

§ 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

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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.

(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

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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.

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

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.

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(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

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

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time and in a reasonable manner, consent of any adult person

standing in loco parentis shall be sufficient.

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.

(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

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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.

(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

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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

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

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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

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

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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.

§ 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

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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

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

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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

and that the law permits adoptive parents to pay costs of

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

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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.

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

which medically appropriate methods of contraception are

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,

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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.

Such statement need not be notarized, but shall bear a notice

that any false statements made therein are punishable by law.

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

20220HB2877PN3572 - 21 -

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

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

20220HB2877PN3572 - 22 -

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

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

20220HB2877PN3572 - 23 -

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.

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

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

20220HB2877PN3572 - 24 -

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

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

termination, no matter what may be that human being's chance of

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

20220HB2877PN3572 - 25 -

intentionally, knowingly or recklessly violates the provisions

of this subsection commits a felony of the third degree.

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

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.

20220HB2877PN3572 - 26 -

(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.

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

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

20220HB2877PN3572 - 27 -

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

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

20220HB2877PN3572 - 28 -

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.

(2) The department shall have the authority to assess a

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

20220HB2877PN3572 - 29 -

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.

(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

20220HB2877PN3572 - 30 -

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

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.

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

20220HB2877PN3572 - 31 -

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.--

(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

20220HB2877PN3572 - 32 -

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

shall be available for public inspection and copying only if the

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.

20220HB2877PN3572 - 33 -

(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

mortality arising from induced abortions. Incidents of maternal

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

20220HB2877PN3572 - 34 -

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

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

20220HB2877PN3572 - 35 -

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.

§ 3215. Publicly owned facilities; public officials and public

funds.

(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

20220HB2877PN3572 - 36 -

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

facility from providing treatment for post-abortion

complications.

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

20220HB2877PN3572 - 37 -

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

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.--Except in the case

of a medical emergency, no court, judge, executive officer,

administrative agency or public employee of the Commonwealth or

of any local governmental body shall have power to issue any

20220HB2877PN3572 - 38 -

order requiring an abortion without the express voluntary

consent of the woman upon whom the abortion is to be performed

or shall coerce any person to have an abortion.

(g) Public officers; limiting benefits prohibited.--No

court, judge, executive officer, administrative agency or public

employee of the Commonwealth or of any local governmental body

shall withhold, reduce or suspend or threaten to withhold,

reduce or suspend any benefits to which a person would otherwise

be entitled on the ground that such person chooses not to have

an abortion.

(h) Penalty.--Whoever orders an abortion in violation of

subsection (f) or withholds, reduces or suspends any benefits or

threatens to withhold, reduce or suspend any benefits 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,

20220HB2877PN3572 - 39 -

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

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

20220HB2877PN3572 - 40 -

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

Attorney General.

§ 3216. Fetal experimentation.

(a) Unborn or live child.--Any person who knowingly performs

any type of nontherapeutic experimentation or nontherapeutic

medical procedure (except an abortion as defined in this

chapter) upon any unborn child, 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 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

20220HB2877PN3572 - 41 -

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.

(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

20220HB2877PN3572 - 42 -

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

Treasury and may be enforced by the department in the

Commonwealth Court.

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.

Nor shall anything in this section be construed to condone or

prohibit the performance of in vitro fertilization and

accompanying embryo transfer.

§ 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

20220HB2877PN3572 - 43 -

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.

(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.

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

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conduct, and its responsibilities shall include, systematic

review of all reports filed under this chapter.

(b) Penalties.--Except as otherwise herein provided, upon a

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.

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

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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."

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 3. Section 5521(d)(1) of Title 20 is amended to

read:

§ 5521. Provisions concerning powers, duties and liabilities.

* * *

(d) Powers and duties only granted by court.--Unless

specifically included in the guardianship order after specific

findings of fact or otherwise ordered after a subsequent hearing

with specific findings of fact, a guardian or emergency guardian

shall not have the power and duty to:

(1) Consent on behalf of the incapacitated person to [an

abortion,] sterilization, psychosurgery, electroconvulsive

therapy or removal of a healthy body organ.

* * *

Section 4. Title 35 is amended by adding a part to read:

PART VII

REPRODUCTIVE RIGHTS

Chapter

91. Bodily Autonomy

CHAPTER 91

BODILY AUTONOMY

Sec.

9101. Short title of chapter.

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9102. Legislative intent.

9103. Definitions.

9104. Informed consent.

9105. Incapacitated individuals, proceedings and coercion.

9106. Abortion facilities.

9107. Printed information.

9108. Commonwealth interference prohibited.

9109. Determination of gestational age.

9110. Abortion on pregnancy of 24 or more weeks gestational

age.

9111. Infanticide.

9112. Prohibited acts.

9113. Reporting.

9114. Insurance, public officers and public money.

9115. Fetal experimentation.

9116. Civil penalties.

9117. Criminal penalties.

9118. State Board of Medicine and State Board of Osteopathic

Medicine.

9119. Construction.

9120. Discrimination against providers.

9121. Telemedicine.

§ 9101. Short title of chapter.

This chapter shall be known and may be cited as the Bodily

Autonomy Act.

§ 9102. Legislative intent.

(a) Rights and interests.--

(1) It is the intention of the General Assembly to:

(i) Protect the life and health of an individual

subject to an abortion and to ensure the freedom of the

20220HB2877PN3572 - 47 -

individual to choose the life that the individual wants.

(ii) Foster the development of standards of

professional conduct in a critical area of medical

practice.

(iii) Provide for development of statistical data.

(iv) Protect the right of individuals under 18 years

of age to voluntarily decide to submit to an abortion or

to carry a pregnancy to term, as well as protect the

right of nonconsenting individuals from being forced to

carry a pregnancy to term.

(2) It is assumed that an individual seeking an abortion

is aware of the longstanding debate regarding abortions and

that the individual is making an informed decision, having

already weighed the individual's own thoughts on the

practice.

(3) It is further assumed that an abortion should be

performed at the earliest opportunity by the least invasive

method available.

(4) The General Assembly finds as fact that the rights

and interests furthered by this chapter need to be codified

and protected by law.

(b) Construction.--In every relevant civil or criminal

proceeding in which it is possible to do so without violating

the Constitution of the United States, the common and statutory

law of Pennsylvania shall be construed so as to extend to

pregnant individuals the protection of their individual liberty

and to further the public policy of this Commonwealth of self-

determination, freedom and tolerance.

the Commonwealth to:

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(1) Respect and protect the right of conscience of all

persons who refuse to obtain, receive, accept or provide

abortions, including persons who are engaged in the delivery

of medical services and medical care, whether acting

individually, corporately or in association with other

persons.

(2) Prohibit all forms of discrimination,

disqualification, coercion, disability or imposition of

liability or financial burden upon persons or entities by

reason of their refusing to act contrary to their conscience

or conscientious convictions in refusing to obtain, receive,

accept or provide 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." As follows:

(1) The use of any means to terminate a clinically

diagnosable pregnancy.

(2) The term shall not include 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.

"Born alive." When used with regard to a human being, the

situation in which a human being was completely expelled or

extracted from the womb and after that separation breathed or

showed evidence of any of the following:

(1) The beating of the heart.

(2) Pulsation of the umbilical cord.

(3) Definite movement of voluntary muscles.

20220HB2877PN3572 - 49 -

(4) Any brain-wave activity.

"Complication." Any of the following:

(1) Any hemorrhage, infection, uterine perforation,

cervical laceration and retained products.

(2) Any other medical issue that may, in the physician's

good faith professional judgment, result in:

(i) the death of the patient;

(ii) the substantial and irreversible impairment of

a major bodily function of the patient; or

(iii) the likelihood that the pregnancy will result

in a stillbirth.

"Conscience." A sincerely held set of moral convictions

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.

"Counterparty." As follows:

(1) The individual who assisted in the fertilization of

an egg, resulting in the pregnancy of an individual.

(2) The term does not include the following:

(i) A sperm donor.

(ii) An employee of a fertility clinic.

(iii) A physician assisting in the process of in

vitro fertilization.

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

"Facility." A 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 a person.

20220HB2877PN3572 - 50 -

"Fertilization." The fusion of a human spermatozoon with a

human ovum.

"Fetus." An organism of the species homo sapiens from

fertilization until birth.

"First trimester." The first 12 weeks of gestation.

"Gestational age." The age of the pregnancy as calculated

from the first day of the last known menstrual period.

"Hospital." An institution licensed pursuant to the

provisions of the laws of this Commonwealth.

"In vitro fertilization." The purposeful fertilization of a

human ovum outside a living body.

"Medical emergency." That condition which, on the basis of

the physician's good faith clinical judgment, so complicates the

medical condition of a pregnant patient as to necessitate the

immediate termination of the subject pregnancy to either avert

the individual's death or for which a delay will create any of

the following:

(1) A serious risk of substantial and irreversible

impairment of major bodily function.

(2) A substantial likelihood of stillbirth.

(3) A serious risk of substantial detriment to the

mental health of the patient.

"Medical personnel." A nurse, nurse's aide, medical school

student, professional or other person who furnishes or assists

in the furnishing of medical care.

"Physician." As follows:

(1) A person licensed to practice medicine in this

Commonwealth.

(2) The term includes the following professionals who

are eligible to perform abortions in this Commonwealth:

20220HB2877PN3572 - 51 -

(i) Medical doctors and doctors of osteopathy.

(ii) Certified registered nurse anesthetists as

defined in section 2(16) of the act of May 22, 1951

(P.L.317, No.69), known as The Professional Nursing Law.

(iii) Certified registered nurse practitioners as

defined in section 2(12) of The Professional Nursing Law.

(iv) Physician assistants as defined in section 2 of

the act of October 5, 1978 (P.L.1109, No.261), known as

the Osteopathic Medical Practice Act.

"Pregnancy." As follows:

(1) The reproductive condition of having a developing

fetus in the body and that commences with fertilization.

(2) The process by which a fetal member of the species

homo sapiens is developing.

(3) A fetus itself.

"Pregnant." Experiencing a pregnancy.

"Probable gestational age of the pregnancy." In the judgment

of the attending physician, what will be, with reasonable

probability, the progress of the pregnancy at the time that the

abortion is planned to be performed.

"Viability." That stage of fetal development when, in the

judgment of a physician based on the particular facts of the

case before the physician and in light of the most advanced

medical technology and information available to the physician,

there is a reasonable likelihood of sustained survival of the

pregnancy outside the body of the individual in which it is

developing without artificial support.

§ 9104. Informed consent.

(a) General rule.--No abortion shall be performed or induced

except with the voluntary and informed consent of the patient

20220HB2877PN3572 - 52 -

upon whom the abortion is to be performed or induced.

(b) Emergency.--Where a medical emergency compels the

performance of an abortion, the physician shall inform the

patient, prior to the abortion if possible, of the medical

indications supporting the physician's judgment that an abortion

is necessary to avert the patient's death or to avert

substantial and irreversible impairment of major bodily

function.

(1) A physician who violates the provisions of this

section is guilty of unprofessional conduct and the

physician's 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, or the act of December 20, 1985 (P.L.457, No.112), known

as the Medical Practice Act of 1985, or their successor acts.

(2) A physician who performs or induces an abortion with

knowledge or reason to know that the consent of the patient

has not been obtained shall:

(i) For the first offense, be guilty of a summary

offense.

(ii) For each subsequent offense, be guilty of a

misdemeanor of the third degree.

(3) A physician shall not be guilty of violating this

section for failure to furnish the information required by

subsection (b) if the physician reasonably believed that

furnishing the information would be detrimental to the

physical or mental health of the patient.

(d) Limitation on civil liability.--A physician who complies

20220HB2877PN3572 - 53 -

with the provisions of this section may not be held civilly

liable to the physician's patient for failure to obtain informed

consent, as defined in section 503 of the act of March 20, 2002

(P.L.154, No.13), known as the Medical Care Availability and

Reduction of Error (Mcare) Act, to the abortion .

§ 9105. Incapacitated individuals, proceedings and coercion.

(a) Consent.--

(1) Notwithstanding any other provision of law, except

in the case of a medical emergency or except as otherwise

provided in this section, if an individual 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 the individual unless the

physician first obtains the informed consent of the

individual, if the individual is capable of providing

informed consent, or the individual's guardian of the person.

(2) In deciding whether to grant consent to the abortion

under paragraph (1), the individual's guardian of the person

shall only consider the individual's best interests.

(b) Petition and order.--

(1) If the individual's guardian of the person refuses

to consent to the abortion or makes a decision regarding the

abortion that conflicts with the judgment of the individual,

if the individual is capable of making a decision regarding

the abortion, the court of common pleas of the judicial

district in which the 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 individual is

capable of giving informed consent to the proposed abortion

20220HB2877PN3572 - 54 -

and has, in fact, given informed consent, the court shall

authorize a physician to perform the abortion.

(3) If the court determines that the individual is not

capable of giving informed consent or if the individual does

not claim to be capable of giving informed consent, the court

shall determine whether the performance of an abortion upon

the individual would be in the individual's best interests.

If the court determines that the performance of an abortion

would be in the best interests of the individual, it shall

authorize a physician to perform the abortion.

(1) The individual may participate in proceedings under

subsection (b) on the individual's own behalf.

(2) The court may appoint a guardian ad litem to assist

the individual.

(3) The court shall:

(i) Advise the individual that the individual has a

right to court-appointed counsel.

(ii) Provide the 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 an 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 may reach a decision promptly and

without delay in order to serve the best interests of the

individual.

(2) In no case shall the court of common pleas fail to

20220HB2877PN3572 - 55 -

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 its decision and

shall, upon the initial filing of the individual'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.

(4) 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 knowledge of the 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 individual.

(ii) The age of the individual.

(iii) The name and address of the individual's

guardian of the person.

(iv) That the individual has been fully informed of

the risks and consequences of the abortion.

(v) Whether the individual 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 individual full capacity for the purpose of

personal consent to the abortion, or to give judicial

20220HB2877PN3572 - 56 -

consent to the abortion under this section based upon a

finding that the abortion is in the best interest of the

individual.

(vii) That the individual is aware that any false

statements made in the application are punishable by law.

(viii) The signature of the 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 individual or individual's guardian

of the person, to the appropriate personnel for assistance in

preparing the application.

(7) The following apply to confidentiality:

(i) The name of the individual shall not be entered

on any 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 who is the subject of the application

to the court.

(B) The individual's guardian of the person.

specifically requested by the individual or the

individual's guardian of the person.

(8) At the 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.

20220HB2877PN3572 - 57 -

(iii) The nature of, possible consequences of and

alternatives to the abortion.

(iv) Any other evidence that the court may find

useful in determining whether the individual should be

granted full capacity for the purpose of consenting to

the abortion or whether the abortion is in the best

interest of the individual.

(9) The court shall also notify the individual at the

hearing under this section that the court must rule on the

individual's application within three business days of the

date of its filing and that, should the court fail to rule in

favor of the individual's application within the allotted

time, the individual has the right to appeal to the Superior

Court.

(e) Coercion prohibited.--The following apply regarding

coercion:

(1) Except in a medical emergency, no person shall

coerce an individual to undergo or forgo an abortion.

(2) An individual who is threatened with coercion may

apply to a court of common pleas for relief.

(3) The court shall provide the individual under this

section with counsel, give the matter expedited consideration

and grant relief as may be necessary to prevent the coercion.

(f) Filing fees.--No filing fees shall be required of

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 an incapacitated

20220HB2877PN3572 - 58 -

individual to whom this section applies:

(A) with knowledge that the individual is an

incapacitated individual to whom this section

applies; or

(B) with reckless disregard or negligence as to

whether the individual is an incapacitated individual

to whom this section applies.

(ii) Intentionally, knowingly or recklessly fails to

conform to any requirement of this section.

(2) A person violating 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

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, or their

successor acts, 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

individual and the individual's guardian of the person, which

may be the subject of an appropriate civil action.

(4) 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 an appropriate civil action relevant to a

violation of this section.

§ 9106. Abortion facilities.

(a) Regulations.--

(1) The department may make rules and regulations

20220HB2877PN3572 - 59 -

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

patients having abortions.

(2) The rules and regulations under subsection (a) shall

include procedures, staff, equipment and laboratory testing

requirements for all facilities offering abortion services.

(b) Reports.--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) The name and address of the facility.

(2) The name and address of any parent, subsidiary or

affiliated organizations, corporations or associations.

(3) The 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.

(1) The information contained in the reports that are

filed in accordance with this subsection by facilities that

receive State-appropriated funds during the 12-calendar-month

period immediately preceding a request to inspect or copy the

reports shall be deemed public information.

(2) Reports filed by facilities that 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.

20220HB2877PN3572 - 60 -

(d) Penalties.--A facility failing to comply with the

provisions of this section shall be assessed by the department a

fine of $500 for each day that the facility is in violation.

§ 9107. Printed information.

(a) Publication and updates.--The department shall cause the

following easily comprehensible printed materials to be

published in English, Spanish, Vietnamese and other languages

deemed appropriate by the department:

(1) Subject to subsection (b), either of the following:

(i) Geographically indexed materials designed to

inform the public of public and private agencies and

services available to assist an individual 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 that they offer and a

description of the manner, including telephone numbers,

in which they might be contacted.

(ii) A t the option of the department, printed

materials, including a toll-free, 24-hour-a-day telephone

number that may be called to obtain, orally, a list and a

description of agencies in the locality of the caller and

of the services that they offer.

(2) Materials that contain objective information

describing:

(i) The methods of abortion procedures commonly

employed.

(ii) The medical risks commonly associated with each

procedure.

(iii) The medical risks commonly associated with

20220HB2877PN3572 - 61 -

carrying a pregnancy to term.

(b) Specific information.--The materials under subsection

(a)(1) shall:

(1) Provide information on the availability of medical

assistance benefits for prenatal care, childbirth and

neonatal care.

(2) State that:

(i) It is unlawful for an individual to coerce

another to undergo or forgo an abortion.

(ii) A physician who performs an abortion upon an

individual without obtaining the individual's informed

consent or without providing a private medical

consultation may be liable to the individual for damages

in a civil action at law.

(iii) The counterparty is liable to assist in the

support of that child, even in instances where the

counterparty has offered to pay for an abortion.

(iv) The law permits adoptive parents to pay costs

of prenatal care, childbirth and neonatal care.

(3) Be updated on an annual basis.

(4) Contain a publicly accessible Internet website

address .

be printed in a typeface large enough to be clearly legible.

(d) 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.

§ 9108. Commonwealth interference prohibited.

(a) Methods of contraception.--The Commonwealth shall not

20220HB2877PN3572 - 62 -

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

shall not interfere with the right of an individual to choose or

obtain an abortion if either of the following applies:

(1) The individual's pregnancy has not progressed beyond

24 weeks.

(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 any of the following:

(i) The death of the individual.

(ii) The substantial and irreversible impairment of

a major bodily function of the individual.

(iii) An extreme risk to the individual's mental

health.

§ 9109. 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 pregnancy.

The following apply:

(1) In making the determination, the physician shall

make inquiries of the patient and perform or cause to be

performed 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.

20220HB2877PN3572 - 63 -

(2) 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 pregnancy and the basis for the diagnosis with

respect to gestational age on forms provided by the

department.

(b) Penalties.--

(1) Failure of a physician to conform to a 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, or the act of

December 20, 1985 (P.L.457, No.112), known as the Medical

Practice Act of 1985, or their successor acts.

(2) Intentional, knowing or reckless falsification of a

report required under this section is a misdemeanor of the

third degree.

§ 9110. Abortion on pregnancy 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

individual when the gestational age of the pregnancy is 24 or

more weeks.

(b) Exceptions.--

(1) It shall not be a violation of subsection (a) if an

abortion is performed by a physician and that physician

reasonably believes that the abortion is , in the physician's

good faith medical judgment, necessary to prevent any of the

following:

(i) The death of the individual.

(ii) The substantial and irreversible impairment of

20220HB2877PN3572 - 64 -

a major bodily function of the individual.

(iii) An extreme risk to the individual's mental

health.

(2) It shall not be a violation of subsection (a) if the

abortion is performed by a physician and that physician

reasonably believes that, after making a determination of the

gestational age of the pregnancy in compliance with section

9109 (relating to determination of gestational age), the

pregnancy is less than 24 weeks gestational age.

emergency which, in the reasonable medical judgment of the

physician performing the abortion, prevents compliance with a

particular requirement of this subsection, no abortion that 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 the physician's medical examination

of the patient and the physician's medical judgment, the

abortion is necessary to prevent the death of the patient,

the substantial and irreversible impairment of a major bodily

function of the patient or an extreme risk to the patient's

mental health.

(2) The 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

the physician's separate personal medical examination of the

patient and the physician's medical judgment, the abortion

is , in the physician's good faith medical judgment, necessary

to prevent any of the following:

(i) The death of the individual.

20220HB2877PN3572 - 65 -

(ii) The substantial and irreversible impairment of

a major bodily function of the individual.

(iii) An extreme risk to the individual's mental

health.

(3) The abortion is performed in a hospital.

(4) The physician terminates the pregnancy in a manner

that provides the best opportunity for the pregnancy to

survive, unless the physician determines, in the physician's

good faith medical judgment, that termination of the

pregnancy in that manner poses a significantly greater risk

either of the death of the patient or the substantial and

irreversible impairment of a major bodily function of the

patient or will create a serious risk of substantial

detriment to the mental health of the patient 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

any resulting viable child immediately after complete

extraction from the patient and shall provide immediate

medical care for the child, taking all reasonable steps

necessary to preserve the child's life and health.

(d) Penalties.--

(1) A person who violates subsection (a) commits a

felony of the third degree.

(2) A 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.

§ 9111. Infanticide.

(a) Status.--The laws of this Commonwealth shall not be

20220HB2877PN3572 - 66 -

construed to imply that a human being born alive in the course

of or as a result of an abortion or pregnancy termination, no

matter what may be that human being's chance of survival, is not

a person under the Constitution of Pennsylvania 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 the 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. An individual who

intentionally, knowingly or recklessly violates the provisions

of this subsection commits a felony of the third degree.

other person is prevented by lack of consent by an individual's

guardian of the person from fulfilling obligations under

subsection (b), the physician shall nonetheless fulfill the

obligations and immediately notify the court of the facts of the

case. The following apply:

(1) The court shall immediately institute an inquiry.

(2) If the court finds that the lack of consent by the

individual's guardian of the person is preventing treatment

required under subsection (b), the court shall immediately

grant injunctive relief to require treatment.

§ 9112. Prohibited acts.

(a) Payment for abortion.--Except in the case of a pregnancy

that is not yet clinically diagnosable, a person who intends to

perform or induce an abortion shall, before accepting payment

for the abortion, make or obtain a determination that the

20220HB2877PN3572 - 67 -

patient is pregnant. The following apply:

(1) A person who intentionally or knowingly accepts

payment without first making or obtaining the determination

commits a misdemeanor of the second degree.

(2) A person commits a misdemeanor of the second degree

if the person makes the determination erroneously either

knowing that the determination is erroneous or with reckless

disregard or negligence as to whether the determination is

erroneous and the person:

(i) thereupon or thereafter intentionally relies

upon the determination in soliciting or obtaining

payment; or

(ii) intentionally conveys the determination to

another person with knowledge that, or with reckless

disregard as to whether, the determination will be relied

upon in soliciting or obtaining payment.

(b) Referral fee.--

(1) The payment or receipt of a referral fee in

connection with the performance of an abortion is a

misdemeanor of the first degree.

(2) For purposes of this subsection, the term "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 patient receiving the abortion to use the

services of that physician or clinic.

(1) The department shall issue regulations to assure

that prior to the performance of an abortion, including an

abortion performed in the first trimester of pregnancy, the

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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.

(2) Except when there exists a medical emergency or, in

the judgment of the physician, there exists no possibility of

Rh sensitization, the intentional failure to conform to the

regulations issued in accordance with this subsection

constitutes unprofessional conduct and the physician's

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, or 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 the individual's or

facility's conscience to aid, abet or facilitate performance of

an abortion or dispensing of an abortifacient. The following

apply:

(1) Failure or refusal to do so shall not be a basis

for:

(i) Any civil, criminal, administrative or

disciplinary action, penalty or proceeding.

(ii) Refusing to hire or admit anyone.

(2) Nothing in this subsection 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.

20220HB2877PN3572 - 69 -

(3) A 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.--

(1) All persons conducting, or experimenting in, in

vitro fertilization shall file quarterly reports with the

department. The following apply:

(i) The reports shall be available for public

inspection and copying with the names and addresses of

persons sponsoring the fertilization or experimentation

redacted.

(ii) The reports shall contain the following

information:

(A) The names of all persons conducting or

assisting in the fertilization or experimentation

process.

(B) The l ocations where the fertilization or

experimentation is conducted.

facility, agency or organization sponsoring the

fertilization or experimentation, except that names

of any persons who are donors or recipients of sperm

or eggs shall not be disclosed.

(D) The number of eggs fertilized.

(E) The number of fertilized eggs destroyed or

discarded.

(F) The number of patients implanted with a

fertilized egg.

(2) If a person required under this subsection to file a

20220HB2877PN3572 - 70 -

report, keep records or supply information willfully fails to

file the report, keep records or supply information or

submits a false report, the person shall be assessed a fine

by the department in the amount of $50 for each day in which

that person is in violation of this subsection.

(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 the facility of

the rights under subsection (d) and under section 5.2 of the

Pennsylvania Human Relations Act. The following apply:

(i) 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.

(ii) The department shall prescribe a model notice

that may be used by a facility. A facility that utilizes

the model notice or substantially similar language shall

be deemed in compliance with this subsection.

(2) The department may assess a civil penalty of up to

$5,000 against a facility for each violation of this

subsection. The following apply:

(i) The department shall give due consideration to

the appropriateness of the penalty with respect to the

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size of the facility, the gravity of the violation, the

good faith of the facility and the history of previous

violations.

(ii) 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.

(iii) The department shall send a copy of its model

notice to every facility that files a report under

section 9106(b) (relating to abortion facilities).

(iv) Failure to receive a notice shall not be a

defense to a civil action brought in accordance with this

subsection.

§ 9113. Reporting.

(a) Forms and information.--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, a report of each abortion performed shall be made to the

department on forms prescribed by the department. The following

apply:

(1) The report forms shall not identify the individual

patient by name.

(2) The report forms shall include the following

information:

(i) Identification of the physician who performed

the abortion, the concurring physician as required by

section 9110(c)(2) (relating to abortion on pregnancy of

24 or more weeks gestational age), the second physician

as required by section 9110(c)(5) and the facility where

the abortion was performed and of the referring

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physician, agency or service, if any.

(ii) The county and state in which the patient

resides.

(iii) The patient's age.

(iv) The gestational age of the pregnancy at the

time of the abortion.

(v) The type of procedure performed or prescribed

and the date of the abortion.

(vi) Preexisting medical conditions of the patient

which would complicate pregnancy, if any, and, if known,

any medical complication which resulted from the abortion

itself.

(vii) The basis for the medical judgment of the

physician who performed the abortion that the abortion

was necessary to prevent the death of the patient or the

substantial and irreversible impairment of a major bodily

function of the patient, where an abortion has been

performed in accordance with section 9110(b)(1).

(viii) The weight of the aborted pregnancy for any

abortion performed in accordance with section 9110(b)(1).

(ix) The basis for any medical judgment that a

medical emergency existed which excused the physician

from compliance with any provision of this chapter.

(x) The information required to be reported under

section 9109(a) (relating to determination of gestational

age).

(b) Completion of report.--The reports shall be completed by

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.

20220HB2877PN3572 - 73 -

pathologists may report any evidence of absence of pregnancy,

live birth or viability.

(d) Statistical reports and public availability of

reports.--

(1) The department shall prepare a comprehensive annual

statistical report for the General Assembly based upon the

data gathered under subsections (a) and (g). The 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 in accordance with subsection (a) or

(g) shall not be deemed public records, as defined in section

102 of the act of February 14, 2008 (P.L.6, No.3), known 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. The court may condition disclosure of the

information upon any appropriate safeguards that it may

impose.

(3) Original copies of all reports filed under

subsections (a), (e) and (g) 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) A person who willfully discloses information

obtained from reports filed in accordance with subsection (a)

or (g), other than that disclosure authorized under paragraph

(1), (2) or (3) or as otherwise authorized by law commits a

misdemeanor of the third degree.

(e) Report by facility.--Every facility in which an abortion

20220HB2877PN3572 - 74 -

is performed in this Commonwealth during any quarter year shall

file with the department a report showing the total number of

abortions performed in the hospital or other facility during

that quarter year. The following apply:

(1) The report shall also show the total abortions

performed in each trimester of pregnancy.

(2) A report shall be available for public inspection

and copying only if the facility receives State-appropriated

funds within the 12-calendar-month period immediately

preceding the filing of the report.

(3) The reports shall be submitted on a form prescribed

by the department that 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 that

causes it to conclude that the facility receives State-

appropriated funds.

(f) Report of death.--

(1) The department shall require that all reports of

deaths occurring within this Commonwealth arising from

pregnancy, childbirth or intentional abortion in every case

state the following:

(i) The cause of death.

(ii) The duration of the patient's pregnancy when

the patient's death occurred.

(iii) Whether or not the patient was under the care

of a physician during the pregnancy prior to the

patient's death.

(2) The department shall issue regulations as are

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necessary to assure that the information under paragraph (1)

is reported and shall conduct its own investigation if

necessary in order to ascertain the data.

(3) A patient shall be deemed to have been under the

care of a physician prior to the patient's death for the

purpose of this chapter when the patient had either been

examined or treated by a physician, not including any

examination or treatment in connection with emergency care

for complications of the patient's pregnancy or abortion,

preceding the patient's death at any time that is both 21 or

more days after the time that the patient became pregnant and

within 60 days prior to the patient's death.

(4) Known incidents of mortality of nonresident patients

arising from induced abortion performed in this Commonwealth

shall be included as incidents of mortality arising from

induced abortions.

(5) Incidents of 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 mortality arising from induced

abortion.

(6) 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.

(g) Report of complications.--Every physician who is called

upon to provide medical care or treatment to a patient who is in

need of medical care because of a complication resulting, in the

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good faith judgment of the physician, from having undergone an

abortion or attempted abortion shall prepare a report regarding

the complication. The following apply:

(1) The physician shall file the report with the

department within 30 days of the date of the physician's

first examination of the patient.

(2) The report shall be on forms prescribed by the

department.

(3) The forms shall contain the following information,

as received, and other information, except the name of the

patient, as the department may require:

(i) The age of the patient.

(ii) The name and address of the facility where the

abortion was performed, if known.

(iii) The gestational age of the pregnancy at the

time of the abortion, if known.

(iv) The type of abortion performed, if known.

(v) The nature of the complication.

(vi) The medical treatment given.

(vii) The nature and extent, if known, of any

permanent condition caused by the complication.

(h) Penalties.--

(1) A person required under this section to file a

report, keep records or supply information who willfully

fails to file the report, keep records or supply information

at the time required by law or regulation is guilty of

unprofessional conduct and the person's 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),

20220HB2877PN3572 - 77 -

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, or their successor acts.

(2) A person who willfully delivers or discloses to the

department a report, a record or information known by the

person to be false commits a misdemeanor of the first degree.

(3) In addition to the penalties under paragraphs (1)

and (2), a person, organization or facility that willfully

violates any of the provisions of this section requiring

reporting shall upon conviction:

(i) For the first violation, have the person's

license suspended for a period of six months.

(ii) For the second violation, have the person's

license suspended for a period of one year.

(iii) For the third offense, have the person's

license revoked.

§ 9114. Insurance, public officers and public money.

(a) Insurance policies.--All insurers who make available

health care and disability insurance policies in this

Commonwealth shall make available the policies that contain an

express exclusion of coverage for abortion services not

necessary to:

(1) avert the death of the patient, the substantial and

irreversible impairment of a major bodily function of the

patient or an extreme risk to the patient's mental health; or

(2) terminate a pregnancy initiated by an act of rape or

incest.

(b) Public officers and ordering abortions.--Except in the

case of a medical emergency, no court, judge, executive officer,

administrative agency or public employee of the Commonwealth or

20220HB2877PN3572 - 78 -

of any local governmental body shall have the power to:

(1) issue an order requiring an abortion without the

express voluntary consent of the individual upon whom the

abortion is to be performed; or

(2) coerce an individual to undergo or forgo an

abortion.

court, judge, executive officer, administrative agency or public

employee of the Commonwealth or of any local governmental body

shall withhold, reduce or suspend, or threaten to withhold,

reduce or suspend, any benefits to which an individual would

otherwise be entitled on the ground that the individual chooses

to undergo or forgo an abortion.

(d) Penalty.--Whoever orders an abortion in violation of

subsection (b) or withholds, reduces or suspends any benefits or

threatens to withhold, reduce or suspend any benefits in

violation of subsection (c) commits a misdemeanor of the first

degree.

(e) Public money for legal services.--

(1) No Federal or State money that is appropriated by

the Commonwealth for the provision of legal services by

private agencies, and no public money 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:

(i) Advocate the freedom to choose abortion or the

prohibition of abortion.

(ii) Provide legal assistance with respect to a

proceeding or litigation which seeks to procure or

prevent an abortion or to procure or prevent public

20220HB2877PN3572 - 79 -

funding for an abortion.

(iii) Provide legal assistance with respect to a

proceeding or litigation which seeks to compel or prevent

the performance or assistance in the performance of an

abortion, or the provision of facilities for the

performance of an abortion.

(2) Nothing in this subsection shall be construed to:

(i) Require or prevent the expenditure of money

pursuant to a court order awarding fees for attorney's

services under the Civil Rights Attorney's Fees Award Act

of 1976 (Public Law 94-559, 90 Stat. 2641).

(ii) Prevent the use of public money to provide

court-appointed counsel in a proceeding authorized under

this chapter.

§ 9115. Fetal experimentation.

(a) Fetus or live child.--

(1) A person who knowingly performs any type of

nontherapeutic experimentation or nontherapeutic medical

procedure, except an abortion as defined in this chapter,

upon a fetus, or upon a child born alive during the course of

an abortion, commits a felony of the third degree, unless

necessary to preserve the life and health of the patient

during an abortion.

(2) For purposes of paragraph (1), the term

"nontherapeutic" means that which is not intended to preserve

the life or health of the fetus or child upon whom it is

performed.

(b) Fetal remains.--The following standards govern the

procurement and use of any fetal tissue or organ that is used in

animal or human transplantation, research or experimentation:

20220HB2877PN3572 - 80 -

(1) No fetal tissue or organ may be procured or used

without the written consent of the patient. The following

apply:

(i) No consideration of any kind for the consent may

be offered or given.

(ii) If the fetal tissue or organ is being derived

from an abortion, the 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 9104 (relating to informed consent) shall employ the

possibility of the use of any aborted fetal tissue or organ

as an inducement to a pregnant individual to undergo an

abortion, except that payment for reasonable expenses

occasioned by the actual retrieval, storage, preparation and

transportation of the tissue is permitted.

(3) No remuneration, compensation or other consideration

may be paid to a person or organization in connection with

the procurement of any fetal tissue or organ.

(4) All persons who participate in the procurement, use

or transplantation of any fetal tissue or organ, including

the recipients of the fetal tissue or organ, shall be

informed as to whether the particular fetal tissue or organ

involved was procured as a result of any of the following:

(i) Stillbirth.

(ii) Miscarriage.

(iii) Ectopic pregnancy.

(iv) Abortion.

(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

20220HB2877PN3572 - 81 -

fetal tissue or organ, nor shall any other person or

organization act to fulfill that designation.

(6) The department may assess a civil penalty upon a

person who procures, sells or uses any fetal tissue or organ

in violation of this section or the regulations issued

thereunder. The following apply:

(i) The civil penalties may not exceed $5,000 for

each separate violation.

(ii) In assessing the civil 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.

(iii) The civil penalties due under this paragraph

shall be paid to the department for deposit in the State

Treasury and may be enforced by the department in

Commonwealth Court.

be construed to:

(1) Prohibit the performance of:

(i) diagnostic tests during pregnancy; or

(ii) pathological examinations on an aborted

pregnancy.

(2) Prohibit the performance of in vitro fertilization

and accompanying embryo transfer.

§ 9116. Civil penalties.

(a) Damages.--A physician who knowingly violates any of the

provisions of section 9104 (relating to informed consent) shall,

in addition to any other penalty prescribed in this chapter, be

civilly liable to the physician's patient for:

(1) Damages caused by the violation.

20220HB2877PN3572 - 82 -

(2) Punitive damages in the amount of $5,000.

(b) Attorney fees.--The court shall award a prevailing

plaintiff under this section reasonable attorney fees as part of

costs.

§ 9117. Criminal penalties.

(a) Application of chapter.--

(1) Except as otherwise provided in this chapter, no

criminal penalty shall apply to a person who performs or

induces, or attempts to perform or induce, an abortion upon

an individual.

(2) An individual who undergoes an abortion shall not be

found guilty of having committed an offense, liability for

which is defined under 18 Pa.C.S. § 306 (relating to

liability for conduct of another; complicity) or 18 Pa.C.S.

Ch. 9 (relating to inchoate crimes), by reason of having

undergone the abortion.

(3) An individual who assists in an abortion within the

individual's own residence or at the residence of the

individual receiving the abortion and who is not expecting or

contracted to receive payment shall not be found guilty of

having committed an offense, liability for which is defined

under 18 Pa.C.S. § 306 or 18 Pa.C.S. Ch. 9, or any other

crime by reason of having participated in the abortion.

(b) False statement or writing.--A person commits a

misdemeanor of the second degree if, with intent to mislead a

public servant in performing an official function under this

chapter, the person:

(1) makes a written false statement that the person does

not believe to be true; or

(2) submits or invites reliance on a writing that the

20220HB2877PN3572 - 83 -

person knows to be forged, altered or otherwise lacking in

authenticity.

misdemeanor of the third degree if the person makes a written

false statement that the 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.--The provisions of 18

Pa.C.S. § 4902(c), (d), (e) and (f) (relating to perjury) apply

to subsections (b) and (c).

§ 9118. State Board of Medicine and 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, violations

of which constitute unprofessional conduct within the meaning of

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, 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

finding of unprofessional conduct under the provisions of this

chapter, the board shall:

(1) For the first offense, prescribe penalties as it

deems appropriate.

(2) For the second offense, suspend the license of the

physician for at least 90 days.

20220HB2877PN3572 - 84 -

(3) For the third offense, revoke the license of the

physician.

(1) Each board under this section shall prepare and

submit an annual report of its enforcement efforts under this

chapter to the General Assembly.

(2) Each report under this subsection shall contain the

following items:

(i) The number of violations investigated, by

section of this chapter.

(ii) The number of physicians complained against.

(iii) The number of physicians investigated.

(iv) The penalties imposed.

(v) Any other information as any committee of the

General Assembly shall require.

(3) Each report under this subsection shall be available

for public inspection and copying.

§ 9119. 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 9113 (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.

( c) Required statement.--When any provision of this chapter

20220HB2877PN3572 - 85 -

requires the furnishing or obtaining of a non-notarized

statement or verification, the furnishing or acceptance of a

notarized statement or verification shall not be deemed a

violation of that provision.

§ 9120. Discrimination against providers.

(a) Right of operation.--A medical facility licensed to

perform abortion services within this Commonwealth shall not be

obstructed in offering abortion services or denied the right to

operate in a municipality as a result of the abortion services

offered by the medical facility.

(b) Right to action.--An owner of a medical facility

offering abortion services within this Commonwealth whose

facility is allegedly the subject of a violation of subsection

(a) shall have a cause of action for all damages resultant

therefrom, including actual and punitive damages.

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Municipality." A county, city, borough, incorporated town

or township.

§ 9121. Telemedicine.

(a) Requirement.--A patient may meet with a physician

electronically via telemedicine to satisfy the requirements of

section 9109 (relating to determination of gestational age), as

well as for nonsurgical medical abortions if the abortion is to

be performed in the first trimester of pregnancy. The following

apply:

(1) In making the determination of gestational age, the

physician shall make inquiries of the patient necessary to

determine an accurate diagnosis with respect to gestational

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age.

(2) As follows:

(i) 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 pregnancy and the basis for the

diagnosis with respect to gestational age on forms

provided by the department.

(ii) The physician who prescribes the nonsurgical

medical abortion shall report all inquiries made and

tests or examinations utilized to determine the

gestational age of the pregnancy on forms provided by the

department.

(3) In the course of providing for nonsurgical abortions

via telemedicine, the Rh testing requirements of section

9112(c) (relating to prohibited acts) are waived.

(b) Penalties.--

(1) Failure of a physician to conform to a 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, or the act of

December 20, 1985 (P.L.457, No.112), known as the Medical

Practice Act of 1985, or their successor acts.

(2) Intentional, knowing or reckless falsification of a

report required under this section is a misdemeanor of the

third degree.

Section 5. The following apply:

(1) Nothing in 35 Pa.C.S. Ch. 91 shall retroactively

prohibit the implementation or execution of contracts, orders

or cases pending prior to the effective date of this section.

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(2) The addition of 35 Pa.C.S. Ch. 91 shall only apply

to contracts, orders and cases entered into or commenced on

or after the effective date of this section.

Section 6. This act shall take effect in 60 days.

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