S0732B1443A07472     VDL:SRA  12/11/11     #90        A07472

AMENDMENTS TO SENATE BILL NO. 732

Sponsor: REPRESENTATIVE BAKER

Printer's No. 1443

Amend Bill, page 1, line 14, by striking out "and" and

inserting a comma

Amend Bill, page 1, line 15, by striking out "; and making an

inconsistent repeal" and inserting

 and for inspections

Amend Bill, page 1, by inserting between lines 15 and 16

The General Assembly finds and declares as follows:

(1)  A Philadelphia County investigating grand jury

report has revealed systemic deficiencies in the manner in

which the Commonwealth has regulated abortion facilities

operating in this Commonwealth.

(2)  These systemic deficiencies have led to horrific

instances of bodily injury and death.

(3)  Surgical abortions are at a minimum an outpatient

surgical procedure performed in this Commonwealth.

(4)  The general public has a substantial interest in the

comprehensive regulation of abortion facilities operating in

this Commonwealth.

(5)  Comprehensive regulation of abortion facilities

reasonably serves the Commonwealth's substantial interests in

protecting the health, safety and welfare of the general

public.

(6) Regulation of abortion facilities that perform

outpatient surgical procedures as ambulatory surgical

facilities is necessary to cure the systemic deficiencies

present in the current regulatory scheme.

(7)  Proper licensing and a system of random

administrative inspections of abortion facilities operating

in this Commonwealth are also a necessary part of any

comprehensive regulatory scheme.

(8)  Unannounced inspections are necessary to further the

regulation of abortion facilities due to the controversial

nature of the procedures performed in an abortion facility

and understandable concerns by the patients that their

medical history will not remain private if a report of a

violation is made.

Amend Bill, page 11, lines 16 through 20, by striking out all

of said lines and inserting

Section 1.  Section 802.1 of the act of July 19, 1979

(P.L.130, No.48), known as the Health Care Facilities Act, is

amended by adding a definition to read:

Amend Bill, page 11, line 25, by inserting after "hospital,"

not subject to inspection and regulation under this act,

and any 

Amend Bill, page 11, line 27, by inserting a comma after

"institution"

Amend Bill, page 11, line 29, by striking out "the"

Amend Bill, page 12, lines 3 through 28, by striking out all

of said lines

Amend Bill, page 12, lines 29 and 30, by striking out "a " in

line 29 and "subsection" in line 30 and inserting

 subsections

Amend Bill, page 13, lines 3 through 6, by striking out all

of said lines and inserting

(h)  Abortion facilities.--

(1)  The department shall apply the same regulations

promulgated under subsection (f) to abortion facilities that

are applied to ambulatory surgical facilities. These

regulations include classification of the facilities in the

same manner as ambulatory surgical facilities.

(2)  The department shall apply to abortion facilities

any other provision of this chapter governing health care

facilities insofar as they are applicable to ambulatory

surgical facilities.

(3)  For the purpose of applying the rules applicable to

ambulatory surgical facilities, all of the following apply:

(i)  The department shall allow the abortion facility

to request an exception.

(ii)  The request must identify with specificity the

reasons for which the exception is sought.

(iii)  In considering a petition under this

paragraph, the department shall apply the same procedures

and criteria that are applicable to other health care

facilities.

(iv)  The department shall issue a written

determination stating the reasons for a decision under

this paragraph.

(4)  None of the following shall apply to an abortion

facility:

(i)  The definition of "ambulatory surgical facility"

in section 802.1.

(ii)  The definition of "ASF--Ambulatory Surgical

Facility" in 28 Pa. Code § 551.3 (relating to

definitions).

(5)  Notwithstanding the definition of "abortion

facility" in section 302 of the act of March 20, 2002

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

Reduction of Error (Mcare) Act, an abortion facility shall

continue to comply with applicable provisions of the Medical

Care Availability and Reduction of Error (Mcare) Act.

(6)  An abortion facility shall comply with Federal

privacy statutes, including the Health Insurance Portability

and Accountability Act of 1996 (Public Law 104-191, 110 Stat.

1936).

Amend Bill, page 14, lines 15 and 16, by striking out "This

appropriation shall not lapse at the end of any " in line 15 and

all of line 16

Amend Bill, page 15, lines 12 through 16, by striking out all

of said lines and inserting

Section 4.  Section 813 of the act, added July 12, 1980

(P.L.655, No.136), is amended to read:

Section 813.  Right to enter and inspect.

(a)  Authorization.--For the purpose of determining the

suitability of the applicants and of the premises or for

determining the adequacy of the care and treatment provided or

the continuing conformity of the licensees to this act and to

applicable local, State and Federal regulations, any authorized

agent of the department may enter, visit and inspect the

building, grounds, equipment and supplies of any health care

facility licensed or requiring a license under this act and

shall have full and free access to the records of the facility

and to the patients and employees therein and their records, and

shall have full opportunity to interview, inspect, and examine

such patients and employees. Upon entering a health care

facility the inspectors shall properly identify themselves to

the individual on the premises then in charge of the facility.

(b)  Abortion facilities.--

(1)  In addition to an inspection under subsection (a),

the department shall conduct, on an annual basis, at least

one unannounced inspection of each abortion facility.

(2)  An inspection of an abortion facility under this

section shall be conducted in a manner which respects the

privacy of each patient of the facility.

Section 5.  Nothing in this act shall be construed to limit:

(1)  a provision of 18 Pa.C.S. Ch. 32; or

(2)  a regulation promulgated under 18 Pa.C.S. Ch. 32 if

the regulation provides greater health and safety protection

than this act or a regulation promulgated under this act.

Section 6.  The provisions of this act are severable. If any

provision of this act or its application to any person or

circumstance is held invalid, the invalidity shall not affect

other provisions or applications of this act which can be given

effect without the invalid provision or application.

Amend Bill, page 15, line 17, by striking out "5" and

inserting

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