| H0574B1521A01894 JKL:JMM 05/05/11 #90 A01894 |
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| AMENDMENTS TO HOUSE BILL NO. 574 |
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| Printer's No. 1521 |
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1 | Amend Bill, page 1, lines 1 through 11, by striking out all |
2 | of said lines and inserting |
3 | Regulating certain facilities which perform abortions; imposing |
4 | powers and duties on the Department of Health and the |
5 | Legislative Reference Bureau; and imposing penalties. |
6 | Amend Bill, page 1, lines 14 through 17; pages 2 through 4, |
7 | lines 1 through 30; page 5, lines 1 through 16, by striking out |
8 | all of said lines on said pages and inserting |
9 | Section 1. Short title. |
10 | This act shall be known and may be cited as the Department of |
11 | Health Abortion Facility Oversight Act. |
12 | Section 1.1. Legislative findings and declaration of policy. |
13 | (a) Legislative findings.--It is hereby determined and |
14 | declared as a matter of legislative finding that: |
15 | (1) The citizens of this Commonwealth have a substantial |
16 | interest in regulating abortion facilities operating in this |
17 | Commonwealth. |
18 | (2) Regulation of abortion facilities reasonably serves |
19 | the Commonwealth's substantial interests in protecting the |
20 | citizens of this Commonwealth from bodily injury and death. |
21 | (3) Warrantless administrative inspections of abortion |
22 | facilities operating in this Commonwealth are a necessary |
23 | part of this comprehensive regulatory scheme. |
24 | (b) Declaration of policy.--It is hereby declared to be the |
25 | intention of the General Assembly to protect the safety and |
26 | general welfare of the citizens of this Commonwealth by closely |
27 | regulating abortion facilities operating in this Commonwealth. |
28 | Section 2. Definitions. |
29 | The following words and phrases when used in this act shall |
30 | have the meanings given to them in this section unless the |
31 | context clearly indicates otherwise: |
32 | "Abortion." As defined in 18 Pa.C.S. § 3203 (relating to |
33 | definitions). |
34 | "Abortion facility." A facility: |
35 | (1) which is not subject to licensure under act of July |
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1 | 19, 1979 (P.L.130, No.48), known as the Health Care |
2 | Facilities Act; and |
3 | (2) in which abortions are performed on an elective |
4 | basis. |
5 | "Complainant." An individual who contacts the department for |
6 | the purpose of making a complaint. |
7 | "Complaint." A communication received by the department, |
8 | which describes conduct in violation of this act or any other |
9 | statute or regulations pertaining to abortions or abortion |
10 | facilities. |
11 | "Department." The Department of Health of the Commonwealth. |
12 | "Inspection." An examination by the department, including |
13 | interviews with the office staff, clients and individuals |
14 | providing abortions or assisting in providing abortions, and a |
15 | review of documents pertinent to initial and continued |
16 | compliance for the purpose of operating an abortion facility. |
17 | "Serious event." As defined in section 302 of the act of |
18 | March 20, 2002 (P.L.154, No.13), known as the Medical Care |
19 | Availability and Reduction of Error (Mcare) Act. |
20 | Section 3. Licensure. |
21 | (a) License required.--An abortion facility must be licensed |
22 | by the department. |
23 | (b) Procedure.-- |
24 | (1) An abortion facility must submit an application for |
25 | licensure to the department on a form prescribed by the |
26 | department. |
27 | (2) Upon receipt of an application under paragraph (1), |
28 | the department shall inspect the abortion facility to |
29 | determine the ability to comply with this act. |
30 | (c) License.-- |
31 | (1) If the department determines that the abortion |
32 | facility is able to comply with this act, the department |
33 | shall issue a license indicating all of the following: |
34 | (i) Name. |
35 | (ii) Compliance with statutory and regulatory |
36 | requirements. |
37 | (iii) Term. The term shall be for a period of not |
38 | more than one year. |
39 | (iv) The date the inspection took place. |
40 | (2) A license is nontransferable. |
41 | (3) The abortion facility shall prominently display the |
42 | license where it is visible to patients. |
43 | (d) Renewal.--Before expiration of the term under subsection |
44 | (c)(1)(iii), an abortion facility must apply for renewal in |
45 | accordance with subsection (c). |
46 | Section 4. Inspections. |
47 | (a) Authority.-- |
48 | (1) An inspector of the department may, with |
49 | identification, enter and inspect an abortion facility which: |
50 | (i) holds a license; or |
51 | (ii) is seeking licensure. |
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1 | (2) In an inspection, the department shall have free and |
2 | full access to all of the following: |
3 | (i) Premises and records of the abortion facility. |
4 | (ii) Individuals employed by or under contract with |
5 | the abortion facility. This subparagraph includes the |
6 | opportunity to interview the individuals. |
7 | (b) Timing.-- |
8 | (1) An initial inspection shall be conducted under |
9 | section 3(b)(2). |
10 | (2) An inspection shall be conducted for license renewal |
11 | under section 3(d). |
12 | (3) The department may conduct random inspections at |
13 | each abortion facility. |
14 | (4) The department may conduct other inspections, |
15 | announced or unannounced, for the purpose of: |
16 | (i) ensuring compliance; or |
17 | (ii) investigating a complaint. |
18 | (c) Reports.--Inspection reports and plans of correction |
19 | under section 5(c)(3) shall be posted on the department's |
20 | publicly accessible Internet website and shall be searchable by |
21 | the public. |
22 | Section 5. Violations. |
23 | (a) Illegal actions.--The following are violations of this |
24 | act: |
25 | (1) Violation of a regulation promulgated under this act |
26 | or any other statute or regulation pertaining to abortions or |
27 | abortion facilities. |
28 | (2) Transferring a license. |
29 | (3) Obtaining or attempting to obtain a license in |
30 | violation of this act. This paragraph includes fraud or |
31 | deceit in the application process. |
32 | (4) Gross incompetence, negligence or misconduct in |
33 | operation of the abortion facility. |
34 | (5) Mistreating or abusing patients cared for in the |
35 | abortion facility. |
36 | (6) Failure to permit inspectors to enter the facility |
37 | or to provide access to requested records. |
38 | (b) Notice.--If the department discovers a violation under |
39 | subsection (a), the department shall give written notice to the |
40 | abortion facility specifying the violation. |
41 | (c) Effect.-- |
42 | (1) The department may deny licensure or renewal until |
43 | correction of the violation under subsection (a). |
44 | (2) If the department determines that a violation under |
45 | subsection (a) immediately compromises the health and safety |
46 | of the patient, the department shall immediately revoke the |
47 | license. |
48 | (3) Except as set forth in paragraph (1) or (2), within |
49 | ten days of notice under subsection (b), the abortion |
50 | facility shall prepare a plan of correction. |
51 | (4) The department may assess an administrative penalty |
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1 | against a license holder. This paragraph is subject to 2 |
2 | Pa.C.S. Chs. 5. Subch. A (relating to practice and procedure |
3 | of Commonwealth agencies) and 7 Subch. A (relating to |
4 | judicial review of Commonwealth agency action). |
5 | Section 6. Operation without a license. |
6 | (a) Prohibition.--An abortion facility may not operate |
7 | without a license. Each day of operation constitutes a separate |
8 | offense. |
9 | (b) Penalty.--A person that violates subsection (a) commits |
10 | a summary offense and shall, upon conviction, be sentenced to |
11 | pay a fine of $250. |
12 | Section 7. Complaints. |
13 | (a) Procedure.--The department shall promulgate regulations |
14 | for a formal complaint process for a person to report a |
15 | violation of this act or any other statute or regulation |
16 | pertaining to abortions or abortion facilities. The process |
17 | shall include: |
18 | (1) A toll-free telephone number for lodging verbal |
19 | complaints. |
20 | (2) A form, easily accessible on the department's |
21 | Internet website, to allow for electronic submission of |
22 | written complaints. |
23 | (3) An intake system and protocols for dealing with |
24 | individuals making complaints directly to department |
25 | employees or through the postal system. |
26 | (4) A complaint tracking system. |
27 | (b) Treatment.--A complainant shall receive all of the |
28 | following: |
29 | (1) Notification of the option to remain anonymous. |
30 | (2) Written acknowledgment regarding the receipt of the |
31 | complaint. |
32 | (3) Written notification of the final outcome of |
33 | investigation of the complaint. |
34 | Section 8. Reports. |
35 | (a) Serious event reports.-- |
36 | (1) Notwithstanding any other provision to the contrary, |
37 | all abortion facilities as defined in this act shall report |
38 | the occurrence of a serious event to the department and the |
39 | Patient Safety Authority within 24 hours of the abortion |
40 | facility's confirmation of the serious event. |
41 | (2) Within 72 hours of a report of a serious event, the |
42 | department shall initiate an inspection. |
43 | (3) Failure to report a serious event may be the basis |
44 | for the revocation of licensure under this act. In addition |
45 | to any penalty which may be imposed under 18 Pa.C.S. Ch. 32 |
46 | (relating to abortion), an abortion facility which fails to |
47 | report a serious event in accordance with this act may be |
48 | subject to an administrative penalty of $1,000 per day |
49 | imposed by the department. |
50 | (4) Reporting under paragraph (1) shall be in accordance |
51 | with section 313 of the act of March 20, 2002 (P.L.154, |
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1 | No.13), known as the Medical Care Availability and Reduction |
2 | of Error (Mcare) Act. |
3 | (b) Communication with Department of State.--The department |
4 | shall establish regular and formal mechanisms for making reports |
5 | to the Department of State. Complaints pertaining to any |
6 | licensed professional under the jurisdiction of the Bureau of |
7 | Professional and Occupational Affairs shall be reported as soon |
8 | as possible to the appropriate licensing board but no less than |
9 | 72 hours after receipt. |
10 | Section 9. Confidentiality. |
11 | Information regarding complainant and patient identity |
12 | received by the department shall be kept confidential and shall |
13 | not be subject to the act of February 14, 2008 (P.L.6, No.3), |
14 | known as the Right-to-Know Law. |
15 | Section 10. Regulations. |
16 | The department shall promulgate regulations to implement this |
17 | act. Existing regulations of the department applicable to |
18 | abortion facilities not clearly inconsistent with the provisions |
19 | of this act shall remain in effect until amended by the |
20 | department under this section. |
21 | Section 11. Existing abortion facilities. |
22 | The department shall begin a process to ensure all of the |
23 | following: |
24 | (1) Abortion facilities in existence on the effective |
25 | date of this section are able to receive a license if |
26 | warranted. When a licensure process is in effect, the |
27 | department shall transmit notice of this fact to the |
28 | Legislative Reference Bureau for publication in the |
29 | Pennsylvania Bulletin. |
30 | (2) Abortion facilities are in compliance with other |
31 | statutes administered by the department pertaining to |
32 | abortion facilities. |
33 | Section 12. Construction. |
34 | Nothing in this act shall be construed to limit the |
35 | provisions of 18 Pa.C.S. Ch. 32 (relating to abortion) or limit |
36 | any regulation promulgated under 18 Pa.C.S. Ch. 32. |
37 | Section 30. Effective date. |
38 | This act shall take effect as follows: |
39 | (1) The following provisions shall take effect |
40 | immediately: |
41 | (i) Section 2. |
42 | (ii) Section 10. |
43 | (iii) Section 11. |
44 | (iv) This section. |
45 | (2) Section 6 shall take effect 60 days after |
46 | publication of the notice under section 11(1). |
47 | (3) The remainder of this act shall take effect in 60 |
48 | days. |
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