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SENATE AMENDED
PRIOR PRINTER'S NOS. 1338, 1986, 2520
PRINTER'S NO. 2802
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1139
Session of
2017
INTRODUCED BY TOPPER, BLOOM, CUTLER, A. HARRIS, KAUFFMAN,
MILLARD, B. MILLER, OBERLANDER, READSHAW, ROE, RYAN, SANKEY,
TOOHIL, WARD, WHEELAND, ZIMMERMAN, KORTZ, BARBIN, MICCARELLI,
RAPP AND ROZZI, APRIL 10, 2017
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 11, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, in
offenses against the family, further providing for newborn
protection; in child protective services, further providing
for taking child into protective custody; and, in newborn
protection, further providing for definitions and for health
care providers accepting newborns, providing for emergency
services providers accepting newborns and for incubators for
newborns and further providing for reporting acceptance of
newborns, for immunity and for duties of department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4306 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4306. Newborn protection.
(a) General rule.--A parent of a newborn shall not be
criminally liable for any violation of this title solely for
leaving a newborn in the care of a hospital [or], a police
officer at a police station pursuant to 23 Pa.C.S. Ch. 65
(relating to newborn protection) [providing that] o r an
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emergency services provider on the grounds of an entity
employing the emergency services provider or otherwise providing
access to the emergency services provider pursuant to 23 Pa.C.S.
Ch. 65 if the following criteria are met:
(1) The parent expresses, either orally or through
conduct, the intent to have the hospital [or], police officer
or emergency services provider accept the newborn pursuant to
23 Pa.C.S. Ch. 65.
(2) The newborn is not a victim of child abuse or
criminal conduct.
(a.1) Incubator.--A parent of a newborn shall not be
criminally liable for any violation of this title solely for
leaving a newborn in an incubator if the newborn is not a victim
of child abuse or criminal conduct and the incubator is located:
(1) at a hospital;
(2) at a police station pursuant to 23 Pa.C.S. Ch. 65;
or
(3) on the grounds of an entity employing the emergency
services provider or otherwise providing access to the
emergency services provider pursuant to 23 Pa.C.S. Ch. 65.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Child abuse." As defined in 23 Pa.C.S. § 6303(b.1)
(relating to definitions).
"Emergency services provider." An emergency medical
responder, emergency medical technician, advanced emergency
medical technician or a paramedic as defined in 35 Pa.C.S. §
8103 (relating to definitions).
"Newborn." As defined in 23 Pa.C.S. § 6502 (relating to
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definitions).
"Police department." A public agency of a political
subdivision having general police powers and charged with making
arrests in connection with the enforcement of criminal or
traffic laws.
"Police officer." A full-time or part-time employee assigned
to criminal or traffic law enforcement duties of a police
department of a county, city, borough, town or township. The
term also includes a member of the State Police Force.
"Police station." The station or headquarters of a police
department or a Pennsylvania State Police station or
headquarters.
Section 2. Section 6315(a) of Title 23 is amended by adding
a paragraph to read:
§ 6315. Taking child into protective custody.
(a) General rule.--A child may be taken into protective
custody:
* * *
(6) By an emergency services provider on the grounds of
an entity that employs or otherwise provides access to the
emergency services provider under Chapter 65 .
* * *
Section 3. Section 6502 of Title 23 is amended by adding a
definition to read:
§ 6502. 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:
* * *
"Emergency services provider." An emergency medical
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responder, emergency medical technician, advanced emergency
medical technician or a paramedic as defined in 35 Pa.C.S. §
8103 (relating to definitions).
* * *
Section 4. Section 6504(b) of Title 23 is amended to read:
§ 6504. Health care providers accepting newborns.
* * *
(b) Accepting newborns.--When a health care provider accepts
a newborn pursuant to this chapter, a parent [or], police
officer or emergency services provider may provide a health care
provider with information about the newborn's medical history
and any identifying information.
Section 5. Title 23 is amended by adding sections to read:
§ 6504.2. Emergency services providers accepting newborns.
(a) Duties.--In accepting a newborn under this chapter, an
emergency services provider shall:
(1) take the newborn into protective custody as
specified under section 6315(a)(6) (relating to taking child
into protective custody); and
(2) ensure the newborn is transported to a hospital and
placed into the care of a health care provider as specified
under section 6504 (relating to health care providers
accepting newborns).
(b) Medical history.--When an emergency services provider
accepts a newborn under this chapter, a parent may provide the
emergency services provider with information about the newborn's
medical history and identifying information.
(C) TEMPORARY SIGNAGE.--AN ENTITY EMPLOYING AN EMERGENCY
SERVICES PROVIDER ACCEPTING NEWBORNS UNDER THIS CHAPTER SHALL
ENSURE ITS GROUNDS OR THE GROUNDS OF AN ENTITY OTHERWISE
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PROVIDING ACCESS TO AN EMERGENCY SERVICES PROVIDER CLEARLY
INDICATE, FOR A MINIMUM OF 18 MONTHS, THAT EMERGENCY SERVICES
PROVIDERS MAY ACCEPT NEWBORNS UNDER SECTION 6315(A) (RELATING TO
TAKING CHILD INTO PROTECTIVE CUSTODY) AND 18 PA.C.S. § 4306
(RELATING TO NEWBORN PROTECTION).
§ 6 504.3. Incubators for newborns.
(a) Provision optional.--A hospital, police station or other
entity employing or otherwise providing access to an emergency
services provider may provide an incubator for the care of a
newborn accepted under this chapter.
(b) Regulations.--The Department of Health shall promulgate
regulations for providing an incubator under subsection (a). The
regulations shall include all of the following:
(1) Sanitation standards for an incubator.
(2) Procedures to provide emergency care for an infant
placed in an incubator.
(3) Manufacturing and manufacturer standards for an
incubator.
(4) Design and function requirements for an incubator
which shall include all of the following:
(i) Installation of an incubator at a hospital,
police station or other entity which employs or otherwise
provides access to an emergency services provider.
(ii) Allowance of an infant to be placed in the
incubator anonymously by the parent.
(iii) Locking an incubator after the parent places
the infant in the incubator to prevent third parties from
having access to the infant.
(iv) Providing a controlled environment to protect
and care for the infant.
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(v) Providing notice to the personnel of a hospital,
police station or other entity which employs or otherwise
provides access to an emergency services provider within
30 seconds of the infant being placed by the parent in
the incubator.
(vi) Triggering a 9-1-1 call if the personnel of a
hospital, police station or other entity which employs or
otherwise provides access to emergency services provider
does not respond within a reasonable amount of time under
subparagraph (v).
(5) Operating policy, supervision and maintenance
requirements for an incubator, including that only an
emergency services provider at an entity that employs or
otherwise provides access to the emergency services provider,
a health CARE provider at a hospital or police officer at a
police station may take an infant into protective custody in
accordance with Chapter 63 (relating to child protective
services).
(6) Qualifications to install an incubator.
(7) Procedures and forms for the free registration with
the Department of Health of installers qualified to install
incubators in accordance with this chapter.
(8) Procedures for the free registration with the
Department of Health of an incubator installed in accordance
with this chapter.
(9) The creation and installation of signs near an
incubator to provide information to parents about how to use
the incubators.
(10) Any other provisions deemed necessary by the
Department of Health to ensure the safety of an infant and
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the safe use of an incubator by a parent.
(c) Notice.--The Department of Health shall publish notice
in the Pennsylvania Bulletin of the promulgation of final
regulations regarding incubators under subsection (b).
Section 6. Sections 6505, 6507 and 6509 of Title 23 are
amended to read:
§ 6505. Reporting acceptance of newborns.
A health care provider at a hospital shall in all cases
notify the county agency and the local municipal police
department or the Pennsylvania State Police where no municipal
police jurisdiction exists immediately by telephone regarding a
newborn accepted by a hospital under this chapter. A written
report shall be submitted to the county agency and local
municipal police department or the Pennsylvania State Police
within 48 hours after the oral report. This section applies in
the case of a hospital accepting a newborn pursuant to [section]
sections 6504.1(a)(2) (relating to police officers accepting
newborns) and 6504.2(a)(2) (relating to emergency services
providers accepting newborns). For purposes of this section, the
term "health care provider" shall include administrative,
managerial and security personnel employed by a hospital.
§ 6507. Immunity.
Except for a violation of section 6506 (relating to failure
to report acceptance of newborns), no emergency services
provider, entity that employs or otherwise provides access to an
emergency services provider, hospital, health care provider at a
hospital or police department, police officer or administrative
or managerial personnel of a police department shall be subject
to civil liability or criminal penalty solely by reason of
complying with the provisions of this chapter.
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§ 6509. Duties of department.
The department shall provide educational materials for use by
emergency services providers, entities which employ or otherwise
provide access to emergency services providers, hospitals,
health care providers, employees at hospitals and police
officers regarding this chapter, section 6315(a)(3) (relating to
taking child into protective custody) and other applicable
provisions of Chapter 63 (relating to child protective services)
that relate to newborn protection. The department shall
promulgate such regulations as may be necessary to implement
this chapter, section 6315(a)(3) and other applicable provisions
of Chapter 63 that relate to newborn protection. The department
shall also provide emergency services providers, entities which
employ or otherwise provide access to emergency services
providers, health care providers, hospitals, the Pennsylvania
State Police and police departments with an informational
pamphlet regarding this chapter, section 6315(a)(3) and other
applicable provisions of Chapter 63 that relate to newborn
protection which may be distributed to the public. In addition,
the department shall comply with the provisions regarding infant
abandonment in sections 6365 (relating to services for
prevention, investigation and treatment of child abuse) and 6383
(relating to education and training). A report shall be made
annually to the General Assembly on the number and disposition
of newborns accepted in accordance with this chapter, section
6315(a)(3) and (5) and other applicable provisions of Chapter 63
that relate to newborn protection.
Section 7. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) This section.
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(ii) The amendment or addition of 23 Pa.C.S. §§
6504.3(b) and (c) and 6509.
(2) The addition of 18 Pa.C.S. § 4306(a.1) and 23
Pa.C.S. § 6504.3(a) shall take effect 120 days after the
publication in the Pennsylvania Bulletin of the promulgation
of final regulations under 23 Pa.C.S. § 6504.3(c).
(3) The remainder of this act shall take effect in 60
days.
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