PRINTER'S NO. 3624
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2915
Session of
2022
INTRODUCED BY KINKEAD, HANBIDGE, HILL-EVANS, FIEDLER, FRANKEL,
OTTEN, RABB, CEPHAS, KINSEY, HOHENSTEIN, T. DAVIS, FREEMAN,
SANCHEZ, MADDEN, SCHLOSSBERG, PARKER, A. DAVIS, D. WILLIAMS,
DELLOSO, GUENST, WELBY, ISAACSON, COVINGTON, INNAMORATO,
ABNEY AND SHUSTERMAN, NOVEMBER 2, 2022
REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 2, 2022
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in abortion, further providing for State Board of
Medicine and State Board of Osteopathic Medicine; in bases of
jurisdiction and interstate and international procedure,
providing for interstate interference with reproductive
health services; in depositions and witnesses, further
providing for subpoenas and for summoning witness in this
Commonwealth to testify in another state; and, in detainers
and extradition, further providing for extradition of persons
not present in demanding state at time of commission of
crime.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3219 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 3219. State Board of Medicine; State Board of Osteopathic
Medicine.
* * *
(d) Reproductive health services.--
(1) The performance, assistance in performance,
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recommendation or provision of reproductive health services
by a licensee acting within the licensee's scope of practice
under the Osteopathic Medical Practice Act or the Medical
Practice Act of 1985 for a patient who resides in a
jurisdiction outside of this Commonwealth where the
performance, assistance in performance, recommendation or
provision of the reproductive health services is illegal
shall not, by itself, be considered any of the following:
(i) A violation of the Osteopathic Medical Practice
Act or the Medical Practice Act of 1985 or
"unprofessional conduct" under the provisions of this
chapter.
(ii) Grounds for refusal, suspension or revocation
of a license under the Osteopathic Medical Practice Act
or the Medical Practice Act of 1985.
(iii) Grounds for any other penalty regarding a
license under the Osteopathic Medical Practice Act or the
Medical Practice Act of 1985.
(iv) Grounds for a disciplinary action of the
licensee under the Osteopathic Medical Practice Act or
the Medical Practice Act of 1985 or any other State law,
regulation or rule governing the licensure, certification
or authorization of the licensee.
(2) Nothing in paragraph (1) shall be construed to
expand the scope of practice of a licensee under the
Osteopathic Medical Practice Act or the Medical Practice Act
of 1985 or authorize the licensee to act outside of the
licensee's scope of practice under the Osteopathic Medical
Practice Act or the Medical Practice Act of 1985.
(3) An applicant seeking licensure, certification or
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authorization under the Osteopathic Medical Practice Act or
the Medical Practice Act of 1985 who has been subject to a
disciplinary action by a duly authorized professional
disciplinary agency of a jurisdiction outside of this
Commonwealth solely on the basis of having performed,
assisted in performing, recommended or provided reproductive
health services shall not be denied the licensure,
certification or authorization unless the board determines
that the action would have constituted a violation of the
Osteopathic Medical Practice Act or the Medical Practice Act
of 1985 in this Commonwealth.
(4) Nothing in paragraph (3) shall be construed as
prohibiting the board from evaluating the conduct of the
applicant and making a determination regarding whether the
applicant is qualified to be licensed, certified or
authorized under the Osteopathic Medical Practice Act or the
Medical Practice Act of 1985.
(5) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph:
"Reproductive health services." Any of the following:
(i) A bortion as defined in section 3203 (relating to
definitions).
(ii) E mergency contraception, including one or more
prescription drugs used separately or in combination to
be administered or self-administered by a patient to
prevent pregnancy within a medically recommended amount
of time after sexual intercourse and dispensed for that
purpose in accordance with professional standards of
practice and determined by the United States Food and
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Drug Administration to be safe.
(iii) Medical, surgical, counseling or referral
services relating to the human reproductive system,
including services relating to pregnancy, the prevention
of pregnancy or the termination of a pregnancy.
Section 2. Chapter 53 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER D
INTERSTATE INTERFERENCE WITH
REPRODUCTIVE HEALTH SERVICES
Sec.
5371. Definitions.
5372. Civil remedies.
§ 5371. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Person." Any individual, partnership, association, limited
liability company or corporation.
"Reproductive health services." Any of the following:
(1) A bortion as defined in 18 Pa.C.S. § 3203 (relating
to definitions).
(2) E mergency contraception, including one or more
prescription drugs used separately or in combination to be
administered or self-administered by a patient to prevent
pregnancy within a medically recommended amount of time after
sexual intercourse and dispensed for that purpose in
accordance with professional standards of practice and
determined by the United States Food and Drug Administration
to be safe.
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(3) Medical, surgical, counseling or referral services
relating to the human reproductive system, including services
relating to pregnancy, the prevention of pregnancy or the
termination of a pregnancy.
§ 5372. Civil remedies.
(a) Remedies.-- Upon a judgment entered against a person by a
court in a state or territory outside of this Commonwealth where
liability, in whole or in part, is based on the alleged
provision, receipt, assistance in receipt or provision or
material support for reproductive health services that are
permitted under the laws of this Commonwealth, including a
judgment based on a theory of vicarious, joint, several or
conspiracy liability, the person may bring a civil action to
recover damages from a party that brought the civil action
resulting in the judgment or a party that has sought to enforce
the judgment. Damages recoverable under this subsection shall
include all of the following:
(1) Just damages created by the civil action that led to
that judgment, including money damages equal to the amount of
the judgment in the state or territory outside of this
Commonwealth and the costs, expenses and reasonable attorney
fees spent in defending the civil action that resulted in the
entry of the judgment in the state or territory outside of
this Commonwealth.
(2) Costs, expenses and reasonable attorney fees
incurred in bringing a civil action under this subsection as
authorized by the court.
(b) Applicability.--The provisions of this section shall not
apply to a judgment entered by a court in a state or territory
outside of this Commonwealth that is based on any of the
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following:
(1) A civil action founded in tort, contract or statute
for a similar claim that would exist under the laws of this
Commonwealth, which was brought by a patient who received
reproductive health care services or the patient's authorized
legal representative, for damages suffered by the patient or
damages derived from an individual's loss of consortium of
the patient .
(2) A civil action founded in contract for a similar
claim that would exist under the laws of this Commonwealth,
which was brought or sought to be enforced by a party with a
contractual relationship with the person that is the subject
of a judgment entered into by the court.
(3) A civil action for which no part of the acts that
formed the basis for liability occurred in this Commonwealth.
Section 3. Sections 5905, 5963(b) and 9127 of Title 42 are
amended to read:
§ 5905. Subpoenas.
(a) Authorization.--Every court of record shall have power
in any civil or criminal matter to issue subpoenas to testify,
with or without a clause of duces tecum, into any county of this
Commonwealth to witnesses to appear before the court or any
appointive judicial officer. Subpoenas shall be in the form
prescribed by general rules.
(b) Reproductive health services.--
(1) Notwithstanding any other provision of law or
regulation, a court authorized to issue a subpoena under
subsection (a) may not issue a subpoena requested by a
commissioner appointed according to the laws or usages of a
state or territory outside of this Commonwealth or any other
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court of the United States when the subpoena relates to
reproductive health services that are permitted under the
laws of this Commonwealth, unless the subpoena relates to any
of the following:
(i) An out-of-State civil action founded in tort,
contract or statute for a similar claim that would exist
under the laws of this Commonwealth, which was brought by
a patient or the patient's authorized legal
representative, for damages suffered by the patient or
damages derived from an individual's loss of consortium
of the patient.
(ii) An out-of-State civil action founded in
contract for a similar claim that would exist under the
laws of this Commonwealth, which was brought or sought to
be enforced by a party with a contractual relationship
with the person that is the subject of the subpoena.
(2) As used in this subsection, the term "reproductive
health services" means any of the following:
(i) A bortion as defined in 18 Pa.C.S. § 3203
(relating to definitions).
(ii) E mergency contraception, including one or more
prescription drugs used separately or in combination to
be administered or self-administered by a patient to
prevent pregnancy within a medically recommended amount
of time after sexual intercourse and dispensed for that
purpose in accordance with professional standards of
practice and determined by the United States Food and
Drug Administration to be safe.
(iii) Medical, surgical, counseling or referral
services relating to the human reproductive system,
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including services relating to pregnancy, the prevention
of pregnancy or the termination of a pregnancy.
§ 5963. Summoning witness in this Commonwealth to testify in
another state.
* * *
(b) Hearing.--[If]
(1) Except as provided under paragraph (2), if at a
hearing the judge determines that the witness is material and
necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the
prosecution or a grand jury investigation in the other state
and that the laws of the state in which the prosecution is
pending or grand jury investigation has commenced or is about
to commence and of any other state through which the witness
may be required to pass by ordinary course of travel will
give to him protection from arrest and the service of civil
and criminal process, he shall issue a summons with a copy of
the certificate attached directing the witness to attend and
testify in the court where the prosecution is pending or
where a grand jury investigation has commenced or is about to
commence, at a time and place specified in the summons. In
any such hearing the certificate shall be prima facie
evidence of all the facts stated therein.
(2) A judge may not issue a summons for a witness under
paragraph (1) in a case in which a prosecution is pending or
a grand jury investigation has commenced or is about to
commence for a criminal offense in the other state involving
the provision or receipt of or assistance with reproductive
health services that are legal in this Commonwealth, unless
the acts forming the basis of the prosecution or grand jury
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investigation would also constitute an offense in this
Commonwealth.
(3) As used in this subsection, the term "reproductive
health services" means any of the following:
(i) A bortion as defined in 18 Pa.C.S. § 3203
(relating to definitions).
(ii) E mergency contraception, including one or more
prescription drugs used separately or in combination to
be administered or self-administered by a patient to
prevent pregnancy within a medically recommended amount
of time after sexual intercourse and dispensed for that
purpose in accordance with professional standards of
practice and determined by the United States Food and
Drug Administration to be safe.
(iii) Medical, surgical, counseling or referral
services relating to the human reproductive system,
including services relating to pregnancy, the prevention
of pregnancy or the termination of a pregnancy.
* * *
§ 9127. Extradition of persons not present in demanding state
at time of commission of crime.
The Governor of this Commonwealth may also surrender on
demand of the executive authority of any other state any person
in this Commonwealth charged in such other state in the manner
provided in section 9124 (relating to form of demand) with
committing an act in this Commonwealth or in a third state
intentionally resulting in a crime in the state whose executive
authority is making the demand, and the provisions of this
subchapter not otherwise inconsistent shall apply to such cases
even though the accused was not in that state at the time of the
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commission of the crime and has not fled therefrom. The Governor
of this Commonwealth may not surrender a person in this
Commonwealth under this section if the act for which extradition
is sought relates to reproductive health services legally
performed in this Commonwealth or if the consequences claimed to
have resulted from the act relating to reproductive health
services in the demanding state or third state took effect in
this Commonwealth.
Section 4. This act shall take effect in 60 days.
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