PRINTER'S NO. 2930
No. 2303 Session of 1992
INTRODUCED BY RITTER, HECKLER, O'DONNELL, ITKIN, HARLEY,
JOSEPHS, HARPER, BUTKOVITZ, FREEMAN, BISHOP, JAMES AND
STURLA, JANUARY 21, 1992
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 1992
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for informed
3 consent, parental consent, husband notification and
4 restrictions on State payments relating to abortion; and
5 making repeals.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3205 of Title 18 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 3205. Informed consent.
11 (a) General rule.--[No] Except in the case of medical
12 emergency, no abortion shall be performed or induced except with
13 the voluntary and informed consent of the woman upon whom the
14 abortion is to be performed or induced. [Except in the case of a
15 medical emergency, consent to an abortion is voluntary and
16 informed if and only if:
17 (1) At least 24 hours prior to the abortion, the
18 physician who is to perform the abortion or the referring
19 physician has orally informed the woman of:
1 (i) The nature of the proposed procedure or
2 treatment and of those risks and alternatives to the
3 procedure or treatment that a reasonable patient would
4 consider material to the decision of whether or not to
5 undergo the abortion.
6 (ii) The probable gestational age of the unborn
7 child at the time the abortion is to be performed.
8 (iii) The medical risks associated with carrying her
9 child to term.
10 (2) At least 24 hours prior to the abortion, the
11 physician who is to perform the abortion or the referring
12 physician, or a qualified physician assistant, health care
13 practitioner, technician or social worker to whom the
14 responsibility has been delegated by either physician, has
15 informed the pregnant woman that:
16 (i) The department publishes printed materials which
17 describe the unborn child and list agencies which offer
18 alternatives to abortion and that she has a right to
19 review the printed materials and that a copy will be
20 provided to her free of charge if she chooses to review
21 it.
22 (ii) Medical assistance benefits may be available
23 for prenatal care, childbirth and neonatal care, and that
24 more detailed information on the availability of such
25 assistance is contained in the printed materials
26 published by the department.
27 (iii) The father of the unborn child is liable to
28 assist in the support of her child, even in instances
29 where he has offered to pay for the abortion. In the case
30 of rape, this information may be omitted.
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1 (3) A copy of the printed materials has been provided to
2 the pregnant woman if she chooses to view these materials.
3 (4) The pregnant woman certifies in writing, prior to
4 the abortion, that the information required to be provided
5 under paragraphs (1), (2) and (3) has been provided.]
6 (b) Emergency.--Where a medical emergency compels the
7 performance of an abortion, the physician shall inform the
8 woman[,] prior to the abortion, if possible, of the medical
9 indications supporting his judgment that an abortion is
10 necessary. [to avert her death or to avert substantial and
11 irreversible impairment of major bodily function.
12 (c) Penalty.--Any physician who violates the provisions of
13 this section is guilty of "unprofessional conduct" and his
14 license for the practice of medicine and surgery shall be
15 subject to suspension or revocation in accordance with
16 procedures provided under the act of October 5, 1978 (P.L.1109,
17 No.261), known as the Osteopathic Medical Practice Act, the act
18 of December 20, 1985 (P.L.457, No.112), known as the Medical
19 Practice Act of 1985, or their successor acts. Any physician who
20 performs or induces an abortion without first obtaining the
21 certification required by subsection (a)(4) or with knowledge or
22 reason to know that the informed consent of the woman has not
23 been obtained shall for the first offense be guilty of a summary
24 offense and for each subsequent offense be guilty of a
25 misdemeanor of the third degree. No physician shall be guilty of
26 violating this section for failure to furnish the information
27 required by subsection (a) if he or she can demonstrate, by a
28 preponderance of the evidence, that he or she reasonably
29 believed that furnishing the information would have resulted in
30 a severely adverse effect on the physical or mental health of
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1 the patient.
2 (d) Limitation on civil liability.--Any physician who
3 complies with the provisions of this section may not be held
4 civilly liable to his patient for failure to obtain informed
5 consent to the abortion within the meaning of that term as
6 defined by the act of October 15, 1975 (P.L.390, No.111), known
7 as the Health Care Services Malpractice Act.]
8 Section 2. Sections 3206, 3209 and 3215 of Title 18 are
9 hereby repealed.
10 Section 3. This act shall take effect immediately.
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