PRIOR PRINTER'S NO. 293 PRINTER'S NO. 1795
No. 273 Session of 1979
INTRODUCED BY MR. FREIND, MRS. ARTY AND MR. GANNON,
FEBRUARY 13, 1979
AS REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
REPRESENTATIVES, JUNE 21, 1979
AN ACT
1 Amending the act of August 22, 1953 (P.L.1344, No.383), entitled
2 "An act relating to marriage; and amending, revising,
3 consolidating and changing the law relating thereto,"
4 providing for an immunity test for rubella. and for certain <--
5 disclosures.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 5, act of August 22, 1953 (P.L.1344,
9 No.383), known as "The Marriage Law," is amended by adding a
10 clause to read:
11 Section 5. Restrictions on the Issue of Marriage License.--
12 No license to marry shall be issued by any clerk of the orphans'
13 court:
14 * * *
15 (a.1) Until there shall be in the possession of the clerk of <--
16 the orphans' court a statement or statements, signed by a duly
17 licensed physician of the Commonwealth of Pennsylvania or of any
18 other state or territory or any commissioned medical officer in
19 the United States Armed Forces, or any physician of the Public
1 Health Service of the Federal Government, that each female
2 applicant, within thirty days of the issuance of the marriage
3 license has submitted to an examination to determine whether or
4 not such female is immune to rubella (German measles), which
5 examination has included a standard hemagglutination inhibition
6 (HI) test. The physician's statement shall be accompanied by a
7 statement from the person in charge of the laboratory making the
8 test, or from some other person authorized to make such
9 statement, setting forth the name of the test, the date it was
10 made, the exact name and address of the physician to whom a
11 report was sent, and the exact name and address of the person
12 whose blood was tested, and such other facts as the Department
13 of Health may deem necessary. The fact that the female applicant
14 is not immune to rubella shall not affect her eligibility for a
15 marriage license. If such applicant is found not to be immune,
16 the disclosures required by section 6.1 shall be made.
17 * * *
18 Section 2. The act is amended by adding a section to read:
19 Section 6.1. Rubella Test; Disclosures.--(a) For the
20 purpose of this act, the standard serological test for rubella
21 immunity shall be the hemagglutination inhibition test approved
22 by the State Department of Health, and shall be made at a
23 laboratory approved to make such tests by the State Department
24 of Health. Such laboratory tests as are required to be made by
25 this act shall, on request of the physician submitting the
26 sample and on his certificate that the applicant is unable to
27 pay, be made without charge by the State Department of Health.
28 (b) The statements of the physician who examined the
29 applicant and the laboratory which made the test shall be
30 uniform throughout the State, and shall be upon forms provided
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1 therefor by the State Department of Health. These forms shall be
2 filed by the clerk of the orphans' court separately from the
3 applications for marriage licenses, and shall be regarded as
4 absolutely confidential by any and every person whose duty it
5 may be to obtain, make, transmit or receive such information or
6 report.
7 (c) If the test for rubella required by section 5(a.1)
8 discloses that the applicant does not have immunity to rubella,
9 the person issuing the license shall provide the female
10 applicant with a card containing the following information at
11 the time the marriage license is issued:
12 (1) The results of your rubella tests indicates that you are
13 not immune from rubella (German measles).
14 (2) It has been clearly determined that a woman who
15 contracts rubella while pregnant stands a significantly
16 increased chance of giving birth to a child affected by a birth
17 defect.
18 (3) Your physician can administer a rubella immunization to
19 you. Medical evidence has indicated that this immunization is
20 96% effective.
21 (4) Because of medical evidence, it is strongly recommended
22 that a woman should refrain from becoming pregnant for at least
23 three months from the date of said immunization. A woman should
24 not be immunized while she is pregnant or possibly pregnant.
25 The female applicant shall be required to acknowledge receipt of
26 the card by her signature.
27 (A.1) (1) UNTIL THE FEMALE APPLICANT IF OF CHILD BEARING <--
28 AGE, HAS BEEN ADVISED AS TO THE DANGERS OF RUBELLA (GERMAN
29 MEASLES), AND HAS BEEN NOTIFIED OF THE APPROPRIATE EXAMINATION
30 AS DETERMINED BY THE STATE SECRETARY OF HEALTH.
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1 (2) THE SECRETARY OF HEALTH SHALL PROVIDE THE CLERK OF THE
2 ORPHAN'S COURT WITH CARDS WHICH WILL PROPERLY ADVISE THE
3 APPLICANT PURSUANT TO SUBCLAUSE (1).
4 (3) THE CARDS SHALL CONTAIN THE FOLLOWING INFORMATION:
5 (I) NOTICE THAT IT HAS BEEN CLEARLY DETERMINED THAT A WOMAN
6 WHO CONTRACTS RUBELLA WHILE PREGNANT STANDS A SIGNIFICANTLY
7 INCREASED CHANCE OF GIVING BIRTH TO A CHILD AFFECTED BY A BIRTH
8 DEFECT.
9 (II) HER PHYSICIAN CAN ADMINISTER RUBELLA IMMUNIZATION.
10 MEDICAL EVIDENCE HAS INDICATED THAT THIS IMMUNIZATION IS
11 EFFECTIVE.
12 (III) BECAUSE OF MEDICAL EVIDENCE, IT IS STRONGLY
13 RECOMMENDED THAT A WOMAN SHOULD REFRAIN FROM BECOMING PREGNANT
14 FOR AT LEAST THREE (3) MONTHS FROM THE DATE OF SAID
15 IMMUNIZATION. A WOMAN SHOULD NOT BE IMMUNIZED WHILE SHE IS
16 PREGNANT OR POSSIBLY PREGNANT. THE FEMALE APPLICANT SHALL BE
17 REQUIRED TO ACKNOWLEDGE RECEIPT OF THE CARD BY HER SIGNATURE.
18 (IV) SUCH OTHER INFORMATION AS THE SECRETARY OF HEALTH DEEMS
19 ADVISABLE.
20 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
21 SECTION 22.1. DUTIES OF DEPARTMENT OF HEALTH.--THE
22 DEPARTMENT OF HEALTH SHALL BE REQUIRED TO HIGHLIGHT THE PROBLEMS
23 CAUSED BY RUBELLA IN THEIR PUBLIC EDUCATION PROGRAMS.
24 Section 3. This act shall take effect in 60 days.
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