PRINTER'S NO. 2675
No. 2034 Session of 2003
INTRODUCED BY MACKERETH, BIRMELIN, CIVERA, CORRIGAN, CRAHALLA,
CURRY, DENLINGER, FRANKEL, FREEMAN, GEIST, HORSEY, JAMES,
LAUGHLIN, LEACH, MAITLAND, MANN, REICHLEY, SCHRODER,
B. SMITH, E. Z. TAYLOR, TIGUE, TURZAI, WATSON AND YOUNGBLOOD,
SEPTEMBER 29, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
SEPTEMBER 29, 2003
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for maternal
21 smoking cessation and prevention programs.
22 The General Assembly finds and declares as follows:
23 (1) Smoking by a mother during pregnancy has been linked
24 to many infant problems including premature births, low birth
25 weights, respiratory problems, mental retardation, impaired
1 physical development and some instances of Sudden Infant
2 Death Syndrome.
3 (2) Despite public research, while many women are aware
4 of the relationship between smoking and premature birth and
5 low birth weight, many do not know the specific and lasting
6 harm that may be caused by smoking during pregnancy.
7 (3) The Agency for Healthcare Research and Quality study
8 found that by reducing smoking by one percentage point in the
9 United States over seven years would prevent 57,200 low birth
10 weight infancies and save $572 million in direct medical
11 costs.
12 (4) It is the purpose of this act to provide educational
13 materials on the specific and lasting harm caused by smoking
14 during pregnancy in order to decrease the number of women who
15 smoke during pregnancy, to increase the levels of support and
16 resources to aid in this decrease and to reduce State-related
17 health care costs that would be necessitated by not
18 decreasing the incidence of smoking during pregnancy.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
22 as The Administrative Code of 1929, is amended by adding a
23 section to read:
24 Section 2126. Maternal Smoking Cessation and Prevention
25 Programs.--(a) The Department of Health shall have the power,
26 and its duty shall be, to utilize cessation and prevention
27 programs funding appropriated from the Tobacco Settlement Fund
28 to do all of the following:
29 (1) Decrease the incidence of maternal smoking during
30 pregnancy.
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1 (2) Provide retailers with educational materials on the
2 specific harms to the infant caused by maternal smoking and the
3 resources available to help the mother stop smoking including
4 the cigarette pack warning language required by the United
5 States Surgeon General.
6 (3) Require all retailers to prominently display at the
7 point of sale educational materials on the harms to the infant
8 caused by maternal smoking and the resources available to help
9 the mother stop smoking.
10 (b) As used in this section, the term "retailers" means any
11 retailer who:
12 (1) is located in this Commonwealth; and
13 (2) sells smoking products to the public.
14 Section 2. This act shall take effect in 60 days.
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