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 11. Miscellaneous Provisions

2Section 1101. Effect on legal actions.

3Section 1102. 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 <-clinician health care practitioner of all
15available options related to terminal care; to be able to
16request any, all or none of these options; and to expect and
17receive supportive care for the specific option or options
18available.

19(3) To request or reject the use of any or all
20treatments in order to relieve pain.

21(4) To receive competent and compassionate medical
22assistance in managing physical and emotional symptoms.

23(5) While suffering from a serious or life-limiting
24illness or condition, to receive palliative care while
25seeking and undergoing potentially curative treatment.

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

1practitioner would withhold the information because the
2manner and extent of such disclosure could reasonably be
3expected to adversely and substantially affect the patient's
4condition, in which case the <-medical health care practitioner
5shall provide the information to a member of the patient's
6immediate family.

7(7) To know by name the <-medical health care practitioner
8primarily responsible for coordinating care.

9Section 302. Notification of rights.

10The department shall notify all health care facilities and
11health care providers in writing of the enactment of this
12chapter. The notification shall contain the actual language of
13the patients' bill of rights and any relevant guidance.

14CHAPTER 5

15EDUCATION AND TREATMENT

16Section 501. Establishment of task force.

17The Pain Management and Palliative Care Task Force is
18established in the department.

19Section 502. Composition of task force.

20The Secretary of Health or a designee shall serve as
21chairperson of the task force. The members of the task force,
22which the Secretary of Health shall be responsible for
23appointing, shall be as follows:

24(1) At least two of the members must be <-medical health 
25care practitioners specializing in pain management.

26(2) At least two of the members must be <-medical health 
27care practitioners specializing in the care of the terminally
28ill.

29(3) At least one of the members must be a <-medical health 
30care practitioner specializing in pediatric palliative care.

1(4) At least two of the members must be faculty members
2of a State-sponsored medical school.

<-3(5) At least one of the members must be a representative
4from the department.

5Section 503. Meetings of task force.

6The task force shall convene within 90 days after the
7appointments are made and published and shall meet at the
8discretion of the chairperson.

9Section 504. Compensation and expenses of task force members.

10The members of the task force shall receive no compensation
11for their services but shall be allowed their actual and
12necessary expenses incurred in performance of their duties. Such
13reimbursement shall be provided through the department.

14Section 505. Duties of task force.

15The task force shall have the following duties:

16(1) To develop, using existing resources, a plan to
17raise public awareness of the importance of pain management
18and palliative care and the patients' bill of rights.

19(2) To facilitate coordination of and communication
20among State and local agencies and organizations to promote
21palliative and pain management initiatives in this
22Commonwealth.

23(3) To research and develop a plan to ensure the
24availability of concurrent care for pediatric patients facing
25life-threatening illnesses.

26(4) To research and develop a plan to ensure the
27availability of palliative care in all hospitals in this
28Commonwealth.

29(5) To research and develop a plan which would ensure
30that all State-supported medical schools have affiliations

1with hospital palliative care programs.

2Section 506. Report of task force.

3On or before November 30, 2014, the task force shall present
4a report to the <-chairman chairperson of the Public Health and
5Welfare Committee of the Senate and the <-chairman chairperson of
6the Health <-and Human Services Committee of the House of
7Representatives. The report shall present findings on and
8recommendations for the subjects assigned to the task force
9under section 505.

10CHAPTER 11

11MISCELLANEOUS PROVISIONS

12Section 1101. Effect on legal actions.

13Nothing in Chapter 3 or 5 creates a cause of action or
14defense in favor of any person arising out of the failure to
15comply with either of these chapters.

16Section 1102. Effective date.

17This act shall take effect in 60 days.