PRIOR PRINTER'S NO. 2511

PRINTER'S NO.  3047

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1077

Session of

2011

  

  

INTRODUCED BY RAPP, KULA, TURZAI, STERN, DENLINGER, CUTLER, ADOLPH, AUMENT, BAKER, BARBIN, BARRAR, BEAR, BENNINGHOFF, BLOOM, BOBACK, BOYD, BROOKS, R. BROWN, CALTAGIRONE, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, DAY, DiGIROLAMO, DUNBAR, ELLIS, EMRICK, EVANKOVICH, J. EVANS, EVERETT, FLECK, GABLER, GEIST, GIBBONS, GILLEN, GILLESPIE, GINGRICH, GODSHALL, GRELL, GROVE, HACKETT, HAHN, HARHART, HARKINS, HARRIS, HEFFLEY, HELM, HENNESSEY, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, KAVULICH, F. KELLER, KILLION, KNOWLES, KOTIK, KRIEGER, LAWRENCE, LONGIETTI, MAHONEY, MAJOR, MALONEY, MARSHALL, MARSICO, MASSER, METCALFE, METZGAR, MICCARELLI, MICOZZIE, MILLARD, MOUL, MURT, MUSTIO, OBERLANDER, PAYNE, PEIFER, PERRY, PICKETT, PYLE, QUIGLEY, READSHAW, REED, REESE, REICHLEY, ROAE, ROCK, SACCONE, SANTONI, SAYLOR, SCAVELLO, CULVER, SCHRODER, SIMMONS, K. SMITH, S. H. SMITH, SONNEY, STEVENSON, SWANGER, TALLMAN, TAYLOR, THOMAS, TOBASH, TOEPEL, TOOHIL, TRUITT, VEREB, VULAKOVICH AND WATSON, OCTOBER 5, 2011

  

  

AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 6, 2012   

  

  

  

AN ACT

  

1

Providing for ultrasound test requirements to determine

2

gestational ages of unborn children; establishing the right

3

to view ultrasound image and ultrasound video of unborn child

4

and the right to observe or hear the fetal heartbeat;

5

providing for powers and duties of the Department of Health

6

and for duties of physicians performing abortions; requiring

7

certain reports to be filed with the Department of Health;

8

imposing administrative sanctions and criminal penalties; and

9

providing for remedies.

10

The General Assembly of the Commonwealth of Pennsylvania

11

hereby enacts as follows:

12

Section 1.  Short title.

13

This act shall be known and may be cited as the Women's

 


1

Right-to-Know Act.

2

Section 2.  Findings.

3

The General Assembly finds and declares as follows:

4

(1)  Many women are unaware of the state of development

5

of their unborn child.

6

(2)  An ultrasound test is a medical procedure commonly

7

utilized during a woman's pregnancy to determine fetal

8

gestational age, fetal measurements,; fetal measurements; the

<--

9

progress of fetal development; and fetal health, including

<--

10

the presence or absence of a fetal heartbeat.

11

(3)  The fetal heartbeat also provides useful information

<--

12

on fetal health.

13

(4) An ultrasound test is also commonly done prior to an

<--

14

abortion to determine gestational age and the location of the

15

pregnancy.

16

(4)  An ultrasound can provide useful information

17

regarding the viability of the pregnancy and the risk of

18

natural miscarriage or ectopic pregnancy.

19

(5)  The factual information provided by ultrasound

20

tests, including fetal heartbeat, is relevant to any decision

21

regarding a pregnancy and is relevant to the State's interest

22

in ensuring that informed consent is provided.

23

(5) (6)  According to the National Institutes of Health,

<--

24

among women who know they are pregnant, the miscarriage rate

25

is about 15-20%, with most occurring during the first seven

26

weeks of pregnancy.

27

(7)  Absent accurate ultrasound testing to determine

28

gestational age, confirm an intrauterine pregnancy and

29

establish the presence or absence of cardiac activity, an

30

abortion may be performed on a woman who would otherwise

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1

miscarry naturally or whose pregnancy may be an ectopic.

2

(8)  Abortion is a medical procedure and, as such, it

3

requires the informed consent of the woman undergoing the

4

procedure.

5

(6) (9)  A woman considering an abortion has the right to

<--

6

receive complete and accurate information regarding the

7

development and health of her unborn child.

8

(7) (10)  In recognition of the importance of a woman's

<--

9

dignity in making an informed choice, the factual information

10

provided by an ultrasound test should be provided to a woman

11

as an integral part of the informed consent necessary to

12

undergo an abortion.

13

Section 3.  Definitions.

14

The following words and phrases when used in this act shall

15

have the meanings given to them in this section unless the

16

context clearly indicates otherwise:

17

"Abortion."  The use of any means to terminate the clinically

18

diagnosable pregnancy of a woman with knowledge that the

19

termination by that means will, with reasonable likelihood,

20

cause the death of the unborn child.

21

"Auscultation."  The act of listening for sounds made by

22

internal organs of the fetus, specifically for a fetal

23

heartbeat, utilizing an ultrasound transducer and fetal heart

24

rate monitor.

25

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

26

"DVD."  A digital versatile disc.

27

"Digital versatile disc."  A laser-encoded plastic medium

28

capable of storing a large amount of digital audio, video and

29

computer data.

30

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

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1

from fertilization until live birth.

2

"Gestational age."  The age of an unborn child as calculated

3

from the first day of the last menstrual period of the pregnant

4

woman.

5

"Health care practitioner."  An individual who is authorized

<--

6

to practice some component of the healing arts by a license,

7

permit, certificate or registration issued by a Commonwealth

8

licensing agency or board.

9

"Informed consent."  The informed consent provided for under

10

18 Pa.C.S. § 3205 (relating to informed consent).

11

"Medical emergency."  As defined in 18 Pa.C.S. § 3203

12

(relating to definitions).

13

"Patient."  A pregnant woman who is seeking to have an

14

abortion.

15

"Physician."  A person licensed to practice medicine in this

16

Commonwealth. The term includes a medical doctor and a doctor of

17

osteopathy.

18

"Pregnancy."  The female reproductive condition of having a

19

developing fetus in the body, which commences with

20

fertilization.

21

"Pregnant."  Being in the state of pregnancy.

22

"Ultrasound image."  An image produced through the use of an

23

ultrasound machine which is of sufficient quality to be used in

24

determining gestational age.

25

"Unborn child."  An individual organism of the species homo

26

sapiens from fertilization until live birth.

27

Section 4.  Ultrasound test requirements.

28

(a)  Test and waiting period.--Except as set forth in section

29

10, all of the following apply:

30

(1)  At least 24 hours before an abortion is to be

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1

performed, an ultrasound test which produces an ultrasound

2

image shall be performed upon the patient by or for the

3

physician who is to perform the abortion or the referring

4

physician.

5

(2)  The time period under paragraph (1) may run

6

concurrently with the waiting period under 18 Pa.C.S. §

7

3205(a) (relating to informed consent).

8

(b)  List.--The physician who is to perform the abortion or, 

<--

9

the referring physician or a health care practitioner designated

<--

10

by the physician shall provide the patient with the list under

11

section 7(a)(3).

12

(c)  Basis of determination.--The ultrasound test shall be

13

used to make an accurate determination of gestational age of the

14

unborn child. Determination of gestational age shall be based

15

upon measurement of the unborn child in a manner consistent with

16

standard medical practice in the community in determining

<--

17

gestational age. When only the gestational sac is visible during

18

an ultrasound test, gestational age may be based upon

19

measurement of the gestational sac.

20

(d)  Documentation of measurements.--

21

(1)  A print of the ultrasound image shall be made to

22

document the measurements which have been taken to determine

23

the gestational age of the unborn child.

24

(2)  A copy of the print shall be maintained in the

25

patient's medical file at the facility where the abortion is

26

performed for the longer of:

27

(i)  seven years; or

28

(ii)  the extent required by applicable Federal or

29

State law.

30

(e)  Individuals who may perform test.--An ultrasound test

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1

may only be performed by one of the following:

2

(1)  A physician.

3

(2)  An individual who meets all of the following:

4

(i)  Regularly conducts ultrasound tests for medical

5

purposes.

6

(ii)  Has documented evidence of satisfactory

<--

7

completion of a course, including a period of direct

8

supervision, in the operation of ultrasound equipment.

9

(iii)  Has documentary evidence of periodic

10

evaluation of proficiency Is a health care practitioner.

<--

11

(f)  Physician instructions.--When the physician who orders

12

the ultrasound test refers the patient to another facility, the

13

physician or a licensed health care professional practitioner to

<--

14

whom the physician has delegated responsibility shall, in a

<--

15

face-to-face consultation, do all of the following:

16

(1)  Personally furnish the patient with the following

17

materials to take to the person who will conduct that

18

ultrasound test:

19

(i)  The ultrasound direction sheet prepared under

20

section 7(a)(4).

21

(ii)  The statement to be signed by the patient after

22

her ultrasound test is completed.

23

(iii)  The statement to be signed by the person

24

conducting the ultrasound test.

25

(2)  Instruct the patient to furnish the information

26

under paragraph (1) to the individual who conducts the

27

ultrasound test.

28

(3)  Advise the patient that, if she wishes to move

<--

29

forward with the abortion, she will need to take her

30

statement and the signed statement of the individual who

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1

performed the ultrasound test to the physician who is to

2

perform the abortion or the health care practitioner to whom

<--

3

that physician has delegated responsibility.

4

(g)  Fees.--

5

(1)  The amount charged for an ultrasound test must be

6

billed separately from the fee for an abortion.

7

(2)  The fee for an abortion must be fully refundable if

8

the abortion does not occur.

9

(3)  The ultrasound fee must not be different for

<--

10

patients who elect to obtain or decline an abortion.

11

Section 5.  Right to view ultrasound image and observe fetal

12

heartbeat of unborn child.

13

(a)  Individual performing ultrasound test.--The individual

14

performing the ultrasound test required under section 4 shall do

15

all of the following:

16

(1)  Conduct the ultrasound test, including fetal

17

heartbeat when present and detectable, in a manner which will

<--

18

enable accurate determination of the gestational age and

19

development of the unborn child.

20

(2)  Provide the patient with accurate answers to any

21

questions she may have during the performance of the

22

ultrasound. This paragraph includes the presence of external

<--

23

members extremities, internal organs, and cardiac activity

<--

24

and the expected norms for an unborn child of given size or

<--

25

gestational age.

26

(3)  Inform the patient of an abnormal ultrasound

<--

27

finding, including the presence of a nonviable pregnancy or

28

the absence of an intrauterine pregnancy, and provide

29

information as to the standard medical care for the treatment

30

of such an abnormality. In a case subject to this paragraph,

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1

if the individual performing the ultrasound is not qualified

2

to provide the necessary information, the patient shall be

3

referred to a physician who is qualified to inform the

4

patient of the standard medical care for the treatment of the

5

abnormality within 24 hours of the ultrasound finding.

6

(4)  Inform the patient of her right to view the

7

ultrasound test in its entirety while that test is being

8

performed to determine gestational age.

9

(4) (5)  Inform the patient of her right to observe the

<--

10

fetal heartbeat and, if she exercises that right all of the

<--

11

following:

12

(i)  Whether a heartbeat was detected upon ultrasound

13

examination.

14

(ii)  Whether the detection or nondetection of a

15

heartbeat is normal for the documented gestational age.

16

(iii)  The patient's right to observe the fetal

17

heartbeat, when present and detectable.

18

(6)  If the patient exercises the right under paragraph

19

(5)(iii), make observable the live real-time heartbeat, when

<--

20

present, for the patient to observe. If the auscultation is

21

performed, the patient must shall also be informed of her

<--

22

right to hear the fetal heartbeat, when present, in live real

23

time.

24

(5) (7)  Position the screen so that the patient is able

<--

25

to view the ultrasound test in its entirety, with a view of

<--

26

her unborn child, while that test is being conducted to

27

determine gestational age. The patient is not required to

28

view the screen.

29

(6) (8)  Provide two prints to the patient, in separate

<--

30

sealed envelopes, of the ultrasound image to be used to

<--

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1

accurately determine gestational age. One print shall be

<--

2

provided to the patient, and one print shall be provided to

3

the physician who is to perform the abortion.

4

(7) (9)  Sign and date a statement indicating the time of

<--

5

day when the ultrasound test was performed. The statement

<--

6

must read and which reads substantially as follows:

<--

7

I performed an ultrasound test including fetal heartbeat

8

on (insert name of patient) on (insert date and time) at

<--

9

(insert name of facility where ultrasound test was

10

performed). At that time, the gestational age was

11

determined to be (insert #) weeks and the heart rate was

<--

12

(not present or {insert #} beats per minute {mark one}).

<--

13

The ultrasound screen was positioned so that the patient

14

would be able to view the screen in its entirety while

15

the test was being performed. I informed her of her right

16

to view the ultrasound screen in its entirety while the

17

test was being performed (which she "accepted" or

18

"refused" {mark one}). I provided her with a print two

<--

19

prints of the ultrasound image that will be used to

20

determine gestational age. I informed her of her right to

21

observe or hear the fetal heartbeat because auscultation

22

was performed (which she "accepted" or "refused" or "no

<--

23

heartbeat was detected" {mark one}). (Print and sign name

24

of person performing ultrasound test and insert date of

25

signature and the time of day the test was performed.)

26

(8) (10)  Maintain a copy of the statement under

<--

27

paragraph (7) (9) in the patient's medical file at the

<--

28

facility where the abortion ultrasound is performed, and

<--

29

provide a second copy of that statement to the patient so

30

that she may provide it to the physician who is to perform

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1

the abortion or the health care practitioner to whom that

2

physician has delegated responsibility.

3

(9)  Instruct (11)  If the patient wishes to continue

<--

4

with the abortion, instruct the patient to:

5

(i)  sign and date her statement under subsection (b)

<--

6

(1); and

7

(ii)  take her statement, one of the prints under

<--

8

paragraph (8) and the signed and dated statement of the

9

individual who performed the ultrasound test to the

10

physician who will perform the abortion or the health

<--

11

care practitioner to whom the physician has delegated

12

responsibility.

13

(b)  Written statement from patient.--

14

(1)  Except as set forth in section 10, the patient must

15

sign a statement which reads substantially as follows:

<--

16

I was or was not (circle one) provided with an

<--

17

opportunity to view the ultrasound test in its entirety,

18

while that test was being performed. I was or was not

<--

19

(circle one) given a print two prints of the ultrasound

<--

20

image. I was or was not (circle one) provided the

<--

21

opportunity to observe the fetal heartbeat, if present,

<--

22

and receive answers to any questions I had during the

23

ultrasound test. (Print and sign name of patient and

24

insert date of signature.)

25

(2)  The statement must be in bold print of at least ten-

26

point type and the paper containing such statement must only

27

include material which is necessary to carry out the purpose

28

of this subsection.

29

(3)  A copy of the statement, signed and dated by the

30

patient and with the patient's name printed on it, shall be

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1

maintained in the patient's medical file at the facility

2

where the abortion is performed.

3

(c)  Patient obligations.--

<--

4

(1)  Except as set forth in paragraph (2), the patient

5

must provide to the physician who is to perform the abortion

6

or the health care practitioner to whom that physician has

7

delegated responsibility:

8

(i)  one of the prints under subsection (a)(8);

9

(ii)  the statement under subsection (a)(9) and (10);

10

and

11

(iii)  the statement under subsection (b)(1).

12

(2)  Paragraph (1) shall not apply to the patient if:

13

(i)  she determines after the ultrasound test to

14

continue her pregnancy;

15

(ii)  her pregnancy is deemed to be nonviable; or

16

(iii)  there is no evidence of an intrauterine

17

pregnancy.

18

Section 6.  Ultrasound video.

19

(a)  Scope.--This section applies if the abortion is not

20

performed within 14 days of the performance of the ultrasound

21

test under section 4.

22

(b)  Physician duties.--

<--

23

(1)  The physician who performs the abortion shall, in

24

person, do all of the following:

25

(i)  Inform the patient of the probable gestational

26

age of the unborn child at the time the abortion is

27

performed.

28

(ii)  Record the fetal heart rate and note if the

29

heart rate is within a normal range for the estimated

30

gestational age.

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1

(iii)  Offer the patient an opportunity to view an

2

ultrasound video which accurately depicts an unborn child

3

at the stage in pregnancy when her abortion is performed.

4

(2)  The duties under paragraph (1) are discharged by

5

providing the patient with:

6

(i)  an opportunity to view, on site, an appropriate

7

ultrasound video approved by the department; or

8

(ii)  the DVD or viewable electronic medium under

9

section 7(a)(5).

10

(b)  Physician duties.--The physician who performs the

<--

11

abortion shall, in person, do all of the following:

12

(1)  Inform the patient of the gestational age of the

13

unborn child at the time the abortion is performed.

14

(2)  Record the fetal heart rate and note if the heart

15

rate is within a normal range for the gestational age.

16

(3)  Offer the patient an opportunity to view an

17

ultrasound video approved by the department which accurately

18

depicts an unborn child at the stage in pregnancy when her

19

abortion is performed.

20

(c)  Written statement.--

21

(1)  The patient must sign a statement which reads 

22

substantially as follows:

<--

23

I was or was not (circle one) informed of the probable 

<--

24

gestational age of my unborn child at the time on the day 

<--

25

the abortion was performed. I was or was not (circle one)

<--

26

provided an opportunity to view an ultrasound video

27

approved and provided by the Department of Health. (Print

<--

28

and sign name of pregnant woman and insert date of

29

signature.)

30

(2)  The physician who performs the abortion shall

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1

personally provide the patient with the information required

2

by this section and shall sign a statement which reads

3

substantially as follows:

<--

4

Prior to performing an abortion on (insert name of

5

pregnant woman) at (insert name of facility), I

6

personally informed her of the probable gestational age

<--

7

of her unborn child and I provided her with an

8

opportunity to view an ultrasound video and observe or

9

hear a fetal heartbeat which accurately depicted an

10

unborn child at the same stage of pregnancy when the

11

abortion was performed and she (insert "accepted" or

12

"declined") this opportunity. (Print and sign name of

13

physician and insert date of signature.)

14

(d)  Documentation.--A copy of the signed and dated

15

statements required under subsection (c) shall be maintained in

16

the patient's medical file at the facility where the abortion is

17

performed.

18

Section 7.  Department.

19

(a)  Duties.--The department shall do all of the following to

20

implement this act:

21

(1)  Obtain from physicians information necessary to

<--

22

prepare the report Collect the reports required under section

<--

23

9.

24

(2)  Prepare Within 60 days of the effective date of this

<--

25

paragraph, prepare forms for statements and reports required

26

under this act and place the forms on a departmental Internet

27

website.

28

(3)  Prepare Within 60 days of the effective date of this

<--

29

paragraph, prepare a geographically indexed list of health

30

care providers, facilities and clinics that perform

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1

ultrasounds which provide ultrasound images, including in

<--

2

compliance with this act, separately listing those that offer

3

ultrasound services free of charge. This paragraph requires

4

contact information for each provider, facility or clinic,

5

including telephone numbers and, if available, Internet

6

website addresses.

7

(4)  Prepare Within 60 days of the effective date of this

<--

8

paragraph, prepare an ultrasound direction sheet which sets

9

forth the requirements of section 5(a).

10

(5)  Approve Within 60 days of the effective date of this

<--

11

paragraph, approve a DVD or other viewable electronic medium

12

of ultrasound videos which it determines provides accurate

13

and clear ultrasound video images of unborn children and

14

audible fetal heartbeats in weekly stages, or as close to

15

those stages as possible, for patients to view to learn what

16

an unborn child's development will be like at the time of the

17

scheduled abortion.

18

(6)  Transmit a notice of approval under paragraph (5) to

19

the Legislative Reference Bureau for publication in the

20

Pennsylvania Bulletin.

21

(7)  Submit an annual report to the Secretary of the

22

Senate and the Chief Clerk of the House of Representatives by

23

March 31 based upon the information obtained under this act

24

for the preceding calendar year. The report shall be

25

available for public inspection and copying. The report under

26

this paragraph shall not contain information which discloses

27

the identity of a patient. The report shall include the

28

following information:

29

(i)  The gestational ages of unborn children:

<--

30

(A)  determined by ultrasound image under section

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1

4; and

2

(B)  set forth in categories beginning with those

3

at eight weeks and proceeding forward in two-week

4

increments. children determined by ultrasound, for

<--

5

each abortion performed in this Commonwealth, listed

6

by week of gestational age at the time of the

7

abortion.

8

(ii)  The number of instances when the ultrasound

9

test referred to under section 4 was performed at the

10

facility where the abortion was performed.

11

(iii)  The number of instances when exemptions were

12

claimed under section 10(b) and (c) 10, listed separately

<--

13

by the type of exemption.

14

(b)  Powers.--The department may promulgate regulations to

15

implement this act.

16

Section 8.  Duties of physicians performing abortion and

17

abortion facilities.

18

(a)  Prerequisites.--Except as set forth in section 10, an

19

abortion may not be performed unless all of the following apply 

<--

20

conditions are met:

<--

21

(1)  The physician performing the abortion possesses 

<--

22

confirms that the patient's medical file contains a copy of:

<--

23

(i)  the print of the ultrasound image under section

24

5(a)(6) 5(a)(8);

<--

25

(ii)  the statement under section 5(b); and 

<--

26

statements under section 5(a)(9) and (b);

<--

27

(iii)  if applicable, the statement statements under

<--

28

section 6(c); and

<--

29

(iv)  written documentation demonstrating that all

30

the requirements of paragraph (3) have been met.

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1

(2)  The physician performing the abortion, in person,

2

informs the patient of the probable gestational age of the

<--

3

unborn child.

4

(3)  The physician performing the abortion has informed

<--

5

the patient of the following:

6

(i)  Whether a heartbeat was detected upon ultrasound

7

examination, and whether this is normal for the

8

documented gestational age.

9

(ii)  If a heartbeat was detected, the number of

10

beats per minute that was recorded; and whether this is

11

normal for the documented gestational age.

12

(iii)  If the number of beats per minute is not

13

normal:

14

(A)  the significance of this fact with respect

15

to the viability of the pregnancy; and

16

(B)  any alternatives to abortion which are

17

within accepted medical standards of care.

18

(4)  At least 24 hours have elapsed since the time when

19

the ultrasound test required under section 4 was performed,

20

as indicated in the statement required under section 5(b) 

<--

21

5(a)(9).

<--

22

(b)  Physician statement.--If an exemption under section 10

23

applies, the physician who performs the abortion shall sign and

24

date the statement set forth below:

25

The exemption set forth in section 10(insert "(a)", "(b)" or

<--

26

"(c)" or "(b)") applies to the abortion that I performed upon

<--

27

(insert name of patient). I made this determination on the

28

basis of the following: (insert medical factors dictating

<--

29

application of exemption). (Print and sign physician's name

30

and insert date of signature.)

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1

(c)  Recordkeeping.--

2

(1)  The physician statement required by subsection (b)

3

and or the print of the ultrasound test under section 4(d) or

<--

4

another method of storing the ultrasound image shall be

5

placed in the medical file of the patient at the facility

6

where the abortion is performed.

7

(2)  The items under paragraph (1) shall be maintained

8

for the longer of:

9

(i)  seven years; or

10

(ii)  the extent required by applicable Federal or

11

State law.

12

Section 9.  Reports by physicians.

13

(a)  Duty of physicians to file.--A physician who performs an

14

abortion or an agent designated by that physician shall file a

<--

15

signed report with the department. The report shall not identify

16

the patient by name and shall include the following information 

17

as applicable:

<--

18

(1)  The name of the physician who caused ordered the

<--

19

ultrasound test to be performed, the name of the person who

20

performed the ultrasound test and the facility where the

21

ultrasound test was performed.

22

(2)  The date and time the ultrasound test was performed.

<--

23

(3)  The name of the physician who performed the abortion

24

and the facility where the abortion was performed.

25

(4)  The date and time the abortion was performed.

<--

26

(5)  The gestational age of the unborn child as

27

determined by the ultrasound image required under section 4.

28

(6)  Whether the patient declined the opportunity to:

29

(i)  view the ultrasound image; or

30

(ii)  observe or hear the fetal heartbeat.

- 17 -

 


1

(7)  The basis for the medical judgment of the physician

2

that a medical emergency existed.

3

(8)  The basis for the medical judgment of the physician 

<--

4

fact that an exemption was claimed under section 10(b)

<--

5

applies.

<--

6

(9)  Whether section 6 applied to the patient and whether

7

she declined the opportunity to view the video.

8

(b)  Filing deadline.--Reports under this section shall be

9

filed with the department within 15 days after the end of the

10

month.

11

(c)  Confidentiality.--Reports under this section may shall 

<--

12

not contain information which discloses the identity of a

13

patient.

14

Section 10.  Exemptions.

15

(a)  Medical emergencies.--Sections 4, 5 and 8, 6 and 8(a) 

<--

16

shall not apply if a medical emergency exists.

17

(b)  Gestational age.--Sections 4, 5 and 8 shall not apply

<--

18

if, in the physician's reasonable medical opinion, the probable

19

gestational age of the unborn child is less than eight weeks.

20

(c)  Rape or incest.--Sections 4, 5 and 8, 6 and 8(a) shall

<--

21

not apply if the patient's pregnancy is the result of rape or

22

incest.

23

Section 11.  Administrative sanctions.

24

A physician who knowingly violates this act shall be deemed

25

to have engaged in unprofessional conduct and shall be subject

26

to appropriate disciplinary action under:

27

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

28

as the Osteopathic Medical Practice Act; or

29

(2)  the act of December 20, 1985 (P.L.457, No.112),

30

known as the Medical Practice Act of 1985.

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1

Section 12.  Criminal penalties.

2

(a)  Specific violations.--

3

(1)  A physician who knowingly violates section 4, 5, 6

4

or 8 and performs an abortion commits a misdemeanor of the

5

third degree.

6

(2)  An individual who knowingly violates section 4

7

commits a misdemeanor of the third degree.

8

(3)  An individual other than a patient who executes a

9

written statement required by this act with knowledge that

10

the statement is false commits a misdemeanor of the third

11

degree.

12

(b)  Disclosure of patient's identity.--

13

(1)  Except as set forth in paragraph (2), all of the

14

following apply:

15

(i)  A health care provider that learns of the

16

identity of a patient may not disclose the identity of

17

the patient.

18

(ii)  A public employee or official that learns of

19

the identity of a patient may not disclose the identity

20

of the patient.

21

(2)  Paragraph (1) does not apply if disclosure:

22

(i)  is appropriate to carry out the purposes of this

23

act; or

24

(ii)  is made with the consent of the patient.

25

(3)  A person that knowingly violates this subsection

26

commits a misdemeanor of the second degree.

27

Section 13.  Civil remedies.

28

(a)  Equity.--

<--

29

(1)  This subsection applies to any of the following that

30

knowingly performs an abortion in violation of this act:

- 19 -

 


1

(i)  A physician.

2

(ii)  A facility at which an abortion is performed.

3

(2)  Any of the following may seek an injunction against

4

a person specified in paragraph (1):

5

(i)  The woman who was a patient.

6

(ii)  The district attorney in the county where an

7

abortion was performed.

8

(iii)  The Attorney General.

9

(3)  An injunction under this section shall prevent the

10

person from performing further abortions.

11

(b)  Law.--If a physician or health care provider performs an

12

abortion in violation of this act, the physician or health care

13

provider shall be liable for actual damages as follows:

14

(1)  Except as set forth in paragraph (2), to the

15

patient.

16

(2)  To the parent or legal guardian of a patient who, at

17

the time of the abortion:

18

(i)  is under 18 years of age and not emancipated; or

19

(ii)  is incapacitated under 20 Pa.C.S. § 5512.1

20

(relating to determination of incapacity and appointment

21

of guardian).

22

(c)  Attorney fees.--The court shall award attorney fees as

23

follows:

24

(1)  To a successful petitioner under subsection (a)(2).

25

(2)  To a successful plaintiff under subsection (b).

26

(a)  Damages.--A health care practitioner who knowingly

<--

27

performs an abortion in violation of this act shall be liable to

28

the patient for:

29

(1)  damages caused by the violation; and

30

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

- 20 -

 


1

(b)  Attorney fees.--A prevailing party under subsection (a)

2

shall be awarded attorney fees.

3

(c)  Cumulative nature.--Civil liability under this section

4

is in addition to:

5

(1)  administrative sanctions under section 11; and

6

(2)  criminal penalties under section 12.

7

Section 14.  Construction.

8

Nothing in this act shall be deemed to do any of the

9

following:

10

(1)  Eliminate the application of the 24-hour waiting

11

period under 18 Pa.C.S. § 3205 (relating to informed

12

consent).

13

(2)  Limit or repeal any provision of 18 Pa.C.S. Ch. 32

14

(relating to abortion).

15

Section 48.  Severability.

16

The provisions of this act are severable. If any provision of

17

this act or its application to any person or circumstance is

18

held invalid, the invalidity shall not affect other provisions

19

or applications of this act which can be given effect without

20

the invalid provision or application.

21

Section 49.  Applicability.

22

The requirements of this act shall not be deemed inoperative 

<--

23

operative prior to the preparation of forms by the department

<--

24

under section 7(a)(2).

25

Section 50.  Effective date.

26

This act shall take effect as follows:

27

(1)  The following provisions shall take effect

28

immediately:

29

(i)  Section 7.

30

(ii)  Section 49.

- 21 -

 


1

(iii)  This section.

2

(2)  Section 6 shall take effect 30 days after the

3

publication of the notice under section 7(a)(6).

4

(3)  The remainder of this act shall take effect in 90

5

days.

- 22 -

 


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