PRINTER'S NO. 259
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
286
Session of
2019
INTRODUCED BY METCALFE, DIAMOND, KAUFFMAN, JAMES, IRVIN, COX AND
KEEFER, JANUARY 30, 2019
REFERRED TO COMMITTEE ON HEALTH, JANUARY 30, 2019
AN ACT
Providing for informed consent for vaccinations and for
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Informed
Consent Protection Act.
Section 2. 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.
"Emergency medical services provider." As defined in 35
Pa.C.S. ยง 8103 (relating to definitions).
"Health care facility." As defined in section 402 of the act
of March 20, 2002 (P.L.154, No.13), known as the Medical Care
Availability and Reduction of Error (Mcare) Act.
"Health care practitioner." As defined in section 103 of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Informed consent." The right of all people to be fully
informed about the risks and benefits of a medical intervention
and free to make a voluntary decision on that intervention
without being coerced, threatened or punished for the decision.
"License." A health care practitioner license issued by the
Department of State or a health care facility license issued by
the Department of Health.
Section 3. Vaccine nondiscrimination.
(a) Prohibition against discrimination.--A health care
practitioner or a health care facility may not discriminate
against a patient or parent or guardian of a patient based
solely upon a patient or parent or guardian of a patient
choosing to delay or decline a vaccination. Exercising the right
to informed consent by delaying or declining vaccinations under
this act may not be the reason for a patient or family member of
a patient to be dismissed from a practice or lose medical
privileges or benefits.
(b) Prohibition against harassment.--A health care
practitioner or health care facility shall not harass, coerce,
scold or threaten a patient or parent or guardian of a patient
for exercising the right to delay or decline a vaccination under
this act.
(c) Health insurer.--An insurer issuing any type of
insurance policy shall not deny coverage, increase a premium or
otherwise discriminate against an insured or applicant for
insurance based on the individual's choice to delay or decline a
vaccination for the individual or the individual's child.
Section 4. Prohibited activities.
20190HB0286PN0259 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Limitation on payments.--A health care practitioner
shall not accept a monetary payment in the form of a bonus or
other incentive from an insurance company or pharmaceutical
company for patient vaccination.
(b) Requiring a waiver prohibited.--A health care
practitioner shall not require a patient or parent or guardian
of a patient to sign a liability waiver as a condition to
receive medical care in the event the patient or parent or
guardian of a patient chooses to delay or decline a vaccination.
(c) Investigations by child protective services.--Child
protective services shall not initiate an investigation against
a parent or guardian for the sole reason of a parent or guardian
choosing to delay or decline a vaccination for a child of the
parent or guardian under this act.
(d) Health care providers.--An insurer shall not deny a
health care practitioner's participation in an insurance plan or
decrease the practitioner's reimbursements through fines or
financial penalties due to low patient vaccination rates or due
to a practitioner's decision not to vaccinate a patient.
Section 5. Penalty.
For violations under sections 3 and 4, the appropriate board
or the department may:
(1) for a first violation, levy a fine in the amount of
$1,000; or
(2) for a second or subsequent violation, refuse, revoke
or suspend the license of a health care practitioner or
health care facility.
Section 6. Rights of patients.
(a) Summary of rights.--The department shall publish on the
department's publicly accessible Internet website a summary of
20190HB0286PN0259 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the rights of a patient or parents or guardians of a patient
under section 3, in any format the health care provider or
health care facility chooses.
(b) Complaints.--A health care provider and health care
facility, if requested, shall inform patients of the address and
telephone number of each State agency responsible for responding
to patient complaints about a health care provider or health
care facility's alleged noncompliance with this act.
(c) Procedure for providing information on patient rights.--
A health care provider or facility shall adopt policies and
procedures to ensure that a patient and the parent or guardian
of a patient are provided the opportunity during the course of
admission to receive information regarding the rights contained
in section 3 and how to file complaints with the facility and
appropriate State agency.
(d) Fines.--The following shall apply:
(1) The department may levy the following fines for a
violation under this act:
(i) Not more than $5,000 for an unintentional
violation.
(ii) Not more than $25,000 for an intentional
violation, with each intentional violation constituting a
separate violation subject to a separate fine.
(2) The appropriate regulatory board or, if no board
exists, the department may impose an administrative fine
against a health care practitioner for failing to make
available to patients a summary of their rights under section
3 and the following shall apply:
(i) A health care provider's first violation under
this paragraph shall be subject to corrective action and
20190HB0286PN0259 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall not be subject to an administrative fine if the
violation was unintentional.
(ii) The appropriate licensing board or the
department may levy a fine of not more than $100 for a
second or subsequent unintentional violation under this
paragraph.
(iii) The appropriate licensing board or the
department may levy a fine of not more than $500 for an
intentional violation under this paragraph, with each
intentional violation constituting a separate violation
subject to a separate fine.
(e) Determination of fine.--In determining the amount of
fine to be levied under subsection (d), the following factors
shall be considered:
(1) The scope and severity of the violation, including
the number of patients or parents or guardians of patients
found not to have received notice of a patient's rights under
section 3, and whether the failure to provide the information
to patients was willful.
(2) Actions taken by the health care provider or health
care facility to correct violations or to remedy complaints.
(3) Any previous violations under this act by a health
care provider or health care facility.
Section 7. Effective date.
This act shall take effect immediately.
20190HB0286PN0259 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25