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PRINTER'S NO. 3232
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2374
Session of
2024
INTRODUCED BY KHAN, MAYES, DALEY, ISAACSON, CURRY, SHUSTERMAN,
OTTEN, PROBST, BOYD, HANBIDGE, KRUEGER, FIEDLER, O'MARA,
WAXMAN, DONAHUE, VENKAT, SCHLOSSBERG, KINSEY, POWELL, PARKER,
SIEGEL, KINKEAD, HOHENSTEIN, PIELLI, STEELE, SANCHEZ, HOWARD,
CEPEDA-FREYTIZ, MALAGARI, HILL-EVANS, BOROWSKI, DELLOSO,
MUNROE, FREEMAN, CERRATO, FLEMING, KRAJEWSKI, GREEN,
SCHWEYER, ROZZI, KENYATTA AND CEPHAS, JUNE 4, 2024
REFERRED TO COMMITTEE ON HEALTH, JUNE 4, 2024
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," in licensing of health care
facilities, further providing for licensure; and abrogating a
regulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 806(h)(1), (2), (3) and (4) of the act of
July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act, are amended and the subsection is amended by
adding paragraphs to read:
Section 806. Licensure.
* * *
(h) Abortion facilities.--
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[(1) The department shall apply the same regulations
promulgated under subsection (f) to abortion facilities that
are applied to ambulatory surgical facilities. These
regulations include classification of the facilities in the
same manner as ambulatory surgical facilities.
(2) The department shall apply to abortion facilities
any other provision of this chapter governing health care
facilities insofar as they are applicable to ambulatory
surgical facilities.
(3) For the purpose of applying the rules applicable to
ambulatory surgical facilities, all of the following apply:
(i) The department shall allow the abortion facility
to request an exception.
(ii) The request must identify with specificity the
reasons for which the exception is sought.
(iii) In considering a petition under this
paragraph, the department shall apply the same procedures
and criteria that are applicable to other health care
facilities.
(iv) The department shall issue a written
determination stating the reasons for a decision under
this paragraph.
(4) None of the following shall apply to an abortion
facility:
(i) The definition of "ambulatory surgical facility"
in section 802.1.
(ii) The definition of "ASF--Ambulatory Surgical
Facility" in 28 Pa. Code § 551.3 (relating to
definitions).]
* * *
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(7) An abortion facility may not be required to have a
transfer agreement with a hospital.
(8) Physicians and medical personnel employed by
abortion facilities may not be required to have admitting
privileges with a hospital. As used in this paragraph, the
term "medical personnel" shall have the same meaning given to
the term under 18 Pa.C.S. § 3203 (relating to definitions).
* * *
Section 2. The provisions of 28 Pa. Code § 29.33(10) are
abrogated.
Section 3. This act shall take effect in 60 days.
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