PRINTER'S NO. 1220
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1058
Session of
2019
INTRODUCED BY RAPP, CUTLER, KLUNK, PICKETT, ZIMMERMAN,
BERNSTINE, SAYLOR, KAUFFMAN, REESE, TOPPER, JOZWIAK, GROVE,
NEILSON, MURT AND ECKER, APRIL 5, 2019
REFERRED TO COMMITTEE ON HEALTH, APRIL 5, 2019
AN ACT
Requiring that information on the option of perinatal hospice
care be given to a woman after diagnosis of a life limiting
condition; and imposing 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 Perinatal
Hospice Information 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:
"Abortion." The use of any means to terminate the clinically
diagnosable pregnancy of a woman with knowledge that the
termination will, with reasonable likelihood, cause the death of
the unborn child. The term does not include procedures with the
intent to:
(1) save the life or preserve the health of an unborn
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child even if the unborn child does not survive;
(2) remove a dead unborn child caused by spontaneous
abortion; or
(3) remove an ectopic pregnancy.
"Department." The Department of Health of the Commonwealth.
"Life limiting condition." A fetal condition diagnosed
before birth that will with reasonable certainty result in the
death of the unborn child within three months after birth.
"Medical emergency." A condition which, on the basis of the
physician's good faith clinical judgment, complicates the
medical condition of a pregnant woman and necessitates the
immediate termination of her pregnancy to avert her death or
serious risk of substantial and irreversible impairment of a
major bodily function.
"Perinatal hospice." Comprehensive support to the pregnant
woman and her family that includes support from the time of
diagnosis through the time of birth and death of the infant and
through the postpartum period. Supportive care may include, but
is not limited to, counseling and medical care by maternal-fetal
medical specialists, obstetricians, neonatologists, anesthesia
specialists, clergy, social workers and specialty nurses focused
on alleviating fear and ensuring that the woman and her family
experience the life and death of their child in a comfortable
and supportive environment.
"Physician." Any person licensed to practice medicine in
this Commonwealth. The term includes medical doctors and doctors
of osteopathy.
Section 3. Requirements.
(a) Information.--In the case of a pregnant woman who is
diagnosed as carrying an unborn child with a life limiting
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condition, the physician who diagnosed the woman shall provide
her, orally and in person, with information on perinatal
hospice, which shall include a list of perinatal hospice
programs available in this Commonwealth prepared by the
department under section 4.
(b) Waiting period.--After receiving the information, the
woman shall wait at least 24 hours before discussing her options
with the physician, including, but not limited to, perinatal
hospice. This waiting period shall run concurrent with the
waiting period under 18 Pa.C.S. ยง 3205 (relating to informed
consent).
(c) Abortion not prohibited.--Nothing in this section shall
be construed as a prohibition on an abortion performed due to a
medical emergency.
Section 4. Department duties.
The department shall:
(1) Publish, in a timely manner, a list of perinatal
hospice programs available.
(2) Administer this act and promulgate regulations to
implement this act.
Section 5. Penalties.
(a) Violation.--A physician who violates this act is guilty
of unprofessional conduct and the physician's license for the
practice of medicine shall be subject to suspension or
revocation in accordance with procedures provided under the act
of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic
Medical Practice Act, or the act of December 20, 1985 (P.L.457,
No.112), known as the Medical Practice Act of 1985.
(b) Reasonable belief.--It is a defense to a violation for
failure to furnish the information required under section 3(a)
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if the physician can demonstrate, by a preponderance of the
evidence, that the physician reasonably believed that furnishing
the information would have a severely adverse effect on the
physical or mental health of the patient.
Section 6. Effective date.
This act shall take effect in 60 days.
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