1Providing for patients' rights; and establishing a Pain
2Management and Palliative Care Task Force.

3TABLE OF CONTENTS

4Chapter 1. Preliminary Provisions

5Section 101. Short title.

6Section 102. Legislative intent.

7Section 103. Definitions.

8Chapter 3. Patients' Bill of Rights

9Section 301. Rights.

10Section 302. Notification of rights.

11Chapter 5. Education and Treatment

12Section 501. Establishment of task force.

13Section 502. Composition of task force.

14Section 503. Meetings of task force.

15Section 504. Compensation and expenses of task force members.

16Section 505. Duties of task force.

17Section 506. Report of task force.

1Chapter 7. Miscellaneous Provisions

2Section 701. Effect on legal actions.

3Section 702. Effective date.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6CHAPTER 1

7PRELIMINARY PROVISIONS

8Section 101. Short title.

9This act shall be known and may be cited as the Patient
10Comfort Act.

11Section 102. Legislative intent.

12The purpose of this act is to provide for education and
13treatment of pain.

14Section 103. Definitions.

15The following words and phrases when used in this act shall
16have the meanings given to them in this section unless the
17context clearly indicates otherwise:

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

19"Health care facility." As defined in section 103 of the act
20of July 19, 1979 (P.L.130, No.48), known as the Health Care
21Facilities Act.

22"Health care practitioner." As defined in section 103 of the 
23act of July 19, 1979 (P.L.130, No.48), known as the Health Care 
24Facilities Act.

25"Health care provider." As defined in section 103 of the act
26of July 19, 1979 (P.L.130, No. 48), known as the Health Care
27Facilities Act.

28"Palliative care." Patient and family-centered care that 
29optimizes quality of life by anticipating, preventing and 
30treating suffering. Palliative care throughout the continuum of
 

1illness involves addressing physical, intellectual, emotional, 
2social and spiritual needs and to facilitate patient autonomy, 
3access to information and choice.

4"Task force." The Pain Management and Palliative Care Task
5Force established under Chapter 5.

6CHAPTER 3

7PATIENTS' BILL OF RIGHTS

8Section 301. Rights.

9Patients in health care facilities have the following rights:

10(1) To be informed of all evidence-based options for
11care and treatment, including palliative care, in order to
12make a fully informed decision.

13(2) When diagnosed with a terminal illness, to be
14informed by a health care practitioner of all available
15options related to terminal care; to be able to request any,
16all or none of these options; and to expect and receive
17supportive care for the specific option or options available.

18(3) To request or reject the use of any or all
19treatments in order to relieve pain.

20(4) To receive competent and compassionate medical
21assistance in managing physical and emotional symptoms.

22(5) While suffering from a serious or life-limiting
23illness or condition, to receive palliative care while
24seeking and undergoing potentially curative treatment.

25(6) To receive a reasonable answer to any specific
26question about a diagnosis, prognosis or foreseeable risks
27and benefits of a treatment option. A health care
28practitioner shall not withhold any requested information
29except to the extent that a reasonable health care
30practitioner would withhold the information because the

1manner and extent of such disclosure could reasonably be
2expected to adversely and substantially affect the patient's
3condition, in which case the health care practitioner shall
4provide the information to a member of the patient's
5immediate family.

6(7) To know by name the health care practitioner
7primarily responsible for coordinating care.

8Section 302. Notification of rights.

9The department shall notify all health care facilities and
10health care providers in writing of the enactment of this
11chapter. The notification shall contain the actual language of
12the patients' bill of rights and any relevant guidance.

13CHAPTER 5

14EDUCATION AND TREATMENT

15Section 501. Establishment of task force.

16The Pain Management and Palliative Care Task Force is
17established in the department.

18Section 502. Composition of task force.

19The Secretary of Health or a designee shall serve as
20chairperson of the task force. The members of the task force,
21which the Secretary of Health shall be responsible for
22appointing, shall be as follows:

23(1) At least two of the members must be health care
24practitioners specializing in pain management.

25(2) At least two of the members must be health care
26practitioners specializing in the care of the terminally ill.

27(3) At least one of the members must be a health care
28practitioner specializing in pediatric palliative care.

29(4) At least two of the members must be faculty members
30of a State-sponsored medical school.

1Section 503. Meetings of task force.

2The task force shall convene within 90 days after the
3appointments are made and published and shall meet at the
4discretion of the chairperson.

5Section 504. Compensation and expenses of task force members.

6The members of the task force shall receive no compensation
7for their services but shall be allowed their actual and
8necessary expenses incurred in performance of their duties. Such
9reimbursement shall be provided through the department.

10Section 505. Duties of task force.

11The task force shall have the following duties:

12(1) To develop, using existing resources, a plan to
13raise public awareness of the importance of pain management
14and palliative care and the patients' bill of rights.

15(2) To facilitate coordination of and communication
16among State and local agencies and organizations to promote
17palliative and pain management initiatives in this
18Commonwealth.

19(3) To research and develop a plan to ensure the
20availability of concurrent care for pediatric patients facing
21life-threatening illnesses.

22(4) To research and develop a plan to ensure the
23availability of palliative care in all hospitals in this
24Commonwealth.

25(5) To research and develop a plan which would ensure
26that all State-supported medical schools have affiliations
27with hospital palliative care programs.

28Section 506. Report of task force.

29On or before November 30, 2014, the task force shall present
30a report to the chairperson of the Public Health and Welfare

1Committee of the Senate and the chairperson of the Health
2Committee of the House of Representatives. The report shall
3present findings on and recommendations for the subjects
4assigned to the task force under section 505.

5CHAPTER 7

6MISCELLANEOUS PROVISIONS

7Section 701. Effect on legal actions.

8Nothing in Chapter 3 or 5 creates a cause of action or
9defense in favor of any person arising out of the failure to
10comply with either of these chapters.

11Section 702. Effective date.

12This act shall take effect in 60 days.