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PRINTER'S NO. 1968
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1246
Session of
2018
INTRODUCED BY BROOKS, ARGALL, SCARNATI, GREENLEAF,
RESCHENTHALER, BREWSTER, RAFFERTY, COSTA, BROWNE, HUTCHINSON,
WARD, VULAKOVICH AND BARTOLOTTA, SEPTEMBER 10, 2018
REFERRED TO JUDICIARY, SEPTEMBER 10, 2018
AN ACT
Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, in
offenses against the family, further providing for newborn
protection; in child protective services, further providing
for definitions and for taking child into protective custody;
and, in newborn protection, further providing for
definitions, for health care providers accepting newborns,
for police officers accepting newborns, for reporting
acceptance of newborns, for immunity and for duties of
department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4306 of Title 18 of the Pennsylvania
Consolidated Statutes, amended December 22, 2017 (P.L.1219,
No.68), is amended to read:
§ 4306. Newborn protection.
(a) General rule.--A parent of a newborn shall not be
criminally liable for any violation of this title solely for
leaving a newborn in the care of a hospital, an urgent care
center, a police officer at a police station pursuant to 23
Pa.C.S. Ch. 65 (relating to newborn protection) or an emergency
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services provider on the grounds of an entity employing the
emergency services provider or otherwise providing access to the
emergency services provider pursuant to 23 Pa.C.S. Ch. 65 if the
following criteria are met:
(1) The parent expresses, either orally or through
conduct, the intent to have the hospital, urgent care center,
police officer or emergency services provider accept the
newborn pursuant to 23 Pa.C.S. Ch. 65.
(2) The newborn is not a victim of child abuse or
criminal conduct.
(a.1) Incubator.--A parent of a newborn shall not be
criminally liable for any violation of this title solely for
leaving a newborn in an incubator if the newborn is not a victim
of child abuse or criminal conduct and the incubator is located:
(1) at a hospital or urgent care center;
(2) at a police station pursuant to 23 Pa.C.S. Ch. 65;
or
(3) on the grounds of an entity employing the emergency
services provider or otherwise providing access to the
emergency services provider pursuant to 23 Pa.C.S. Ch. 65.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Child abuse." As defined in 23 Pa.C.S. § 6303(b.1)
(relating to definitions).
"Emergency services provider." An emergency medical
responder, emergency medical technician, advanced emergency
medical technician or a paramedic as defined in 35 Pa.C.S. §
8103 (relating to definitions).
"Newborn." As defined in 23 Pa.C.S. § 6502 (relating to
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definitions).
"Police department." A public agency of a political
subdivision having general police powers and charged with making
arrests in connection with the enforcement of criminal or
traffic laws.
"Police officer." A full-time or part-time employee assigned
to criminal or traffic law enforcement duties of a police
department of a county, city, borough, town or township. The
term also includes a member of the State Police Force.
"Police station." The station or headquarters of a police
department or a Pennsylvania State Police station or
headquarters.
"Urgent care center." As defined in section 2 of the act of
November 2, 2016 (P.L.976, No.122), known as the Safe Emergency
Prescribing Act.
Section 2. Section 6303(a) of Title 23 is amended by adding
a definition to read:
§ 6303. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Urgent care center." As defined in section 2 of the act of
November 2, 2016 (P.L.976, No.122), known as the Safe Emergency
Prescribing Act.
* * *
Section 3. Section 6315(a)(3) of Title 23 is amended to
read:
§ 6315. Taking child into protective custody.
(a) General rule.--A child may be taken into protective
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custody:
* * *
(3) By a physician or the director, or a person
specifically designated by the director, of a hospital or
urgent care center pursuant to Chapter 65 (relating to
newborn protection) if the child is a newborn.
* * *
Section 4. The definition of "health care provider" in
section 6502 of Title 23 is amended and the section is amended
by adding a definition to read:
§ 6502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Health care provider." A person who is licensed or
certified by the laws of this Commonwealth to administer health
care in the ordinary course of business or practice of a
profession. For purposes of accepting a newborn as provided in
section 6504(a)(1) (relating to accepting newborns) and for
immunity provided pursuant to section 6507 (relating to
immunity), the term includes administrative, managerial and
security personnel and any other person employed by a hospital
or urgent care center.
* * *
"Urgent care center." As defined in section 2 of the act of
November 2, 2016 (P.L.976, No.122), known as the Safe Emergency
Prescribing Act.
Section 5. Sections 6504(a) introductory paragraph and
6504.1(a)(2) of Title 23 are amended to read:
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§ 6504. Health care providers accepting newborns.
(a) General rule.--A health care provider at a hospital or
urgent care center shall do all of the following relating to a
newborn accepted under this chapter:
* * *
§ 6504.1. Police officers accepting newborns.
(a) Duties.--A police officer at a police station shall do
all of the following relating to a newborn accepted under this
chapter:
* * *
(2) Ensure the newborn is transported to a hospital or
urgent care center and placed into the care of a health care
provider under section 6504 (relating to health care
providers accepting newborns).
* * *
Section 6. Sections 6505, 6507 and 6509 of Title 23, amended
December 22, 2017 (P.L.1219, No.68), are amended to read:
§ 6505. Reporting acceptance of newborns.
A health care provider at a hospital or urgent care center
shall in all cases notify the county agency and the local
municipal police department or the Pennsylvania State Police
where no municipal police jurisdiction exists immediately by
telephone regarding a newborn accepted by [a] the hospital or
urgent care center under this chapter. A written report shall be
submitted to the county agency and local municipal police
department or the Pennsylvania State Police within 48 hours
after the oral report. This section applies in the case of a
hospital or urgent care center accepting a newborn pursuant to
sections 6504.1(a)(2) (relating to police officers accepting
newborns) and 6504.2(a)(2) (relating to emergency services
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providers accepting newborns). [For purposes of this section,
the term "health care provider" shall include administrative,
managerial and security personnel employed by a hospital.]
§ 6507. Immunity.
Except for a violation of section 6506 (relating to failure
to report acceptance of newborns), no emergency services
provider, entity that employs or otherwise provides access to an
emergency services provider, hospital, urgent care center,
health care provider at a hospital or urgent care center or
police department, police officer or administrative or
managerial personnel of a police department shall be subject to
civil liability or criminal penalty solely by reason of
complying with the provisions of this chapter.
§ 6509. Duties of department.
The department shall provide educational materials for use by
emergency services providers, entities which employ or otherwise
provide access to emergency services providers, hospitals,
urgent care centers, health care providers, employees at
hospitals and police officers regarding this chapter, section
6315(a)(3) (relating to taking child into protective custody)
and other applicable provisions of Chapter 63 (relating to child
protective services) that relate to newborn protection. The
department shall promulgate such regulations as may be necessary
to implement this chapter, section 6315(a)(3) and other
applicable provisions of Chapter 63 that relate to newborn
protection. The department shall also provide emergency services
providers, entities which employ or otherwise provide access to
emergency services providers, health care providers, hospitals,
urgent care centers, the Pennsylvania State Police and police
departments with an informational pamphlet regarding this
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chapter, section 6315(a)(3) and other applicable provisions of
Chapter 63 that relate to newborn protection which may be
distributed to the public. In addition, the department shall
comply with the provisions regarding infant abandonment in
sections 6365 (relating to services for prevention,
investigation and treatment of child abuse) and 6383 (relating
to education and training). A report shall be made annually to
the General Assembly on the number and disposition of newborns
accepted in accordance with this chapter, section 6315(a)(3) and
(5) and other applicable provisions of Chapter 63 that relate to
newborn protection.
Section 7. This act shall take effect in 60 days.
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