THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY COSTA, BROWNE, WAUGH, BLAKE, FONTANA, RAFFERTY, SCHWANK, SOLOBAY, YUDICHAK, LEACH, ORIE AND FARNESE, APRIL 18, 2012

REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 18, 2012  

AN ACT

Providing for patients' rights; and establishing a Pain

Management and Palliative Care Task Force.

TABLE OF CONTENTS

Chapter 1.  Preliminary Provisions

Section 101.  Short title.

Section 102.  Legislative intent.

Section 103.  Definitions.

Chapter 3.  Patients' Bill of Rights

Section 301.  Rights.

Section 302.  Notification of rights.

Chapter 5.  Education and Treatment

Section 501.  Establishment of task force.

Section 502.  Composition of task force.

Section 503.  Meetings of task force.

Section 504.  Compensation and expenses of task force members.

Section 505.  Duties of task force.

Section 506.  Report of task force.

Chapter 11.  Miscellaneous Provisions

Section 1101.  Effect on legal actions.

Section 1102.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Patient

Comfort Act.

Section 102.  Legislative intent.

The purpose of this act is to provide for education and

treatment of pain.

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Health of the Commonwealth.

"Health care facility."  As defined in section 103 of the act

of July 19, 1979 (P.L.130, No.48), known as the Health Care

Facilities Act.

"Health care provider."  As defined in section 103 of the act

of July 19, 1979 (P.L.130, No. 48), known as the Health Care

Facilities Act.

"Task force."  The Pain Management and Palliative Care Task

Force established under Chapter 5.

CHAPTER 3

PATIENTS' BILL OF RIGHTS 

Section 301.  Rights.

Patients in health care facilities have the following rights:

(1)  To be informed of all evidence-based options for

care and treatment, including palliative care, in order to

make a fully informed decision.

(2)  When diagnosed with a terminal illness, to be

informed by a clinician of all available options related to

terminal care; to be able to request any, all or none of

these options; and to expect and receive supportive care for

the specific option or options available.

(3)  To request or reject the use of any or all

treatments in order to relieve pain.

(4)  To receive competent and compassionate medical

assistance in managing physical and emotional symptoms.

(5)  While suffering from a serious or life-limiting

illness or condition, to receive palliative care while

seeking and undergoing potentially curative treatment.

(6)  To receive a reasonable answer to any specific

question about a diagnosis, prognosis or foreseeable risks

and benefits of a treatment option. A medical practitioner

shall not withhold any requested information except to the

extent that a reasonable medical practitioner would withhold

the information because the manner and extent of such

disclosure could reasonably be expected to adversely and

substantially affect the patient's condition, in which case

the medical practitioner shall provide the information to a

member of the patient's immediate family.

(7)  To know by name the medical practitioner primarily

responsible for coordinating care.

Section 302.  Notification of rights.

The department shall notify all health care facilities and

health care providers in writing of the enactment of this

chapter. The notification shall contain the actual language of

the patients' bill of rights and any relevant guidance.

CHAPTER 5

EDUCATION AND TREATMENT

Section 501.  Establishment of task force.

The Pain Management and Palliative Care Task Force is

established in the department.

Section 502.  Composition of task force.

The Secretary of Health or a designee shall serve as

chairperson of the task force. There shall be 11 members of the

task force, which the Secretary of Health shall be responsible

for appointing as follows:

(1)  At least two of the members must be medical

practitioners specializing in pain management.

(2)  At least two of the members must be medical

practitioners specializing in the care of the terminally ill.

(3)  At least one of the members must be a medical

practitioner specializing in pediatric palliative care.

(4)  At least two of the members must be faculty members

of a State-sponsored medical school.

(5)  At least one of the members must be a representative

from the department.

Section 503.  Meetings of task force.

The task force shall convene within 90 days after the

appointments are made and published and shall meet at the

discretion of the chairperson.

Section 504.  Compensation and expenses of task force members.

The members of the task force shall receive no compensation

for their services but shall be allowed their actual and

necessary expenses incurred in performance of their duties. Such

reimbursement shall be provided through the department.

Section 505.  Duties of task force.

The task force shall have the following duties:

(1)  To develop, using existing resources, a plan to

raise public awareness of the importance of pain management

and palliative care and the patients' bill of rights.

(2)  To facilitate coordination of and communication

among State and local agencies and organizations to promote

palliative and pain management initiatives in this

Commonwealth.

(3)  To research and develop a plan to ensure the

availability of concurrent care for pediatric patients facing

life-threatening illnesses.

(4)  To research and develop a plan to ensure the

availability of palliative care in all hospitals in this

Commonwealth.

(5)  To research and develop a plan which would ensure

that all State-supported medical schools have affiliations

with hospital palliative care programs.

Section 506.  Report of task force.

On or before November 30, 2013, the task force shall present

a report to the chairman of the Public Health and Welfare

Committee of the Senate and the chairman of the Health and Human

Services Committee of the House of Representatives. The report

shall present findings on and recommendations for the subjects

assigned to the task force under section 505.

CHAPTER 11

MISCELLANEOUS PROVISIONS

Section 1101.  Effect on legal actions.

Nothing in Chapter 3 or 5 creates a cause of action or

defense in favor of any person arising out of the failure to

comply with either of these chapters.

Section 1102.  Effective date.

This act shall take effect in 60 days.