HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1278, 2352, 2356,        PRINTER'S NO. 2546
        2373

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1130 Session of 1987


        INTRODUCED BY MARKOSEK, BOOK, TRUMAN, J. TAYLOR, BLAUM, BOWLEY,
           GLADECK, ACOSTA, BURD, JADLOWIEC, SCHEETZ, MRKONIC, TRELLO,
           BATTISTO, KUKOVICH, GAMBLE, GEIST, JOHNSON, HERMAN, SHOWERS,
           ARTY, J. L. WRIGHT, BUNT, GODSHALL, PHILLIPS, FARMER, COLE,
           SAURMAN, FOX, McHALE, MELIO, D. W. SNYDER, WOGAN, SEMMEL,
           MICOZZIE, DeLUCA, CLYMER, KENNEY, RAYMOND, CIVERA, NAHILL,
           TIGUE, PRESTON, PERZEL, MERRY, HAYDEN, DUFFY, FLICK, KASUNIC,
           KOSINSKI, STAIRS, MAYERNIK, BORTNER, STABACK, HERSHEY, OLASZ,
           E. Z. TAYLOR, MICHLOVIC, VEON, RICHARDSON, COLAFELLA, LANGTRY
           AND BELARDI, APRIL 22, 1987

        AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
           NOVEMBER 24, 1987

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, limiting the defense of justification
     3     in certain cases; PROVIDING FOR DISTRICT ATTORNEYS' STANDING   <--
     4     AND INTEREST IN PRISONER LITIGATION; adding provisions
     5     relating to the establishment and operation of the
     6     Pennsylvania Commission on Sentencing; REGULATING MATTERS      <--
     7     RELATING TO THE PERFORMANCE AND FUNDING OF ABORTIONS, THE
     8     PROTECTION OF WOMEN WHO UNDERGO ABORTION AND THEIR SPOUSES,
     9     AND THE PROTECTION OF CHILDREN SUBJECT TO ABORTION;
    10     increasing the penalties for false reports to law enforcement
    11     authorities; making an editorial change; and making repeals.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 509 of Title 18 of the Pennsylvania
    15  Consolidated Statutes is amended to read:
    16  § 509.  Use of force by persons with special responsibility for
    17             care, discipline or safety of others.

     1     (a)  General rule.--The use of force upon or toward the
     2  person of another is justifiable if:
     3         (1)  The actor is the parent or guardian or other person
     4     similarly responsible for the general care and supervision of
     5     a minor or a person acting at the request of such parent,
     6     guardian or other responsible person and:
     7             (i)  the force is used for the purpose of
     8         safeguarding or promoting the welfare of the minor,
     9         including the preventing or punishment of his misconduct;
    10         and
    11             (ii)  the force used is not designed to cause or
    12         known to create a substantial risk of causing death,
    13         serious bodily injury, disfigurement, extreme pain or
    14         mental distress or gross degradation.
    15         (2)  The actor is a teacher or person otherwise entrusted
    16     with the care or supervision for a special purpose of a minor
    17     and:
    18             (i)  the actor believes that the force used is
    19         necessary to further such special purpose, including the
    20         maintenance of reasonable discipline in a school, class
    21         or other group, and that the use of such force is
    22         consistent with the welfare of the minor; and
    23             (ii)  the degree of force, if it had been used by the
    24         parent or guardian of the minor, would not be
    25         unjustifiable under [subparagraph (1)(ii) of this
    26         section] paragraph (1)(ii).
    27         (3)  The actor is the guardian or other person similarly
    28     responsible for the general care and supervision of an
    29     incompetent, mentally ill or mentally retarded person; and:
    30             (i)  the force is [used] necessary for the purpose of
    19870H1130B2546                  - 2 -

     1         safeguarding or promoting the welfare of the incompetent,
     2         mentally ill or mentally retarded person, including the
     3         prevention of his misconduct[, or, when such incompetent
     4         person is in a hospital or other institution for his care
     5         and custody, for the maintenance of reasonable discipline
     6         in such institution]; and
     7             (ii)  the force used is not designed to cause or
     8         known to create a substantial risk of causing death,
     9         [serious] bodily injury, disfigurement, [extreme or
    10         unnecessary] pain, mental distress, or humiliation beyond
    11         that justifiable under subparagraph (i).
    12         (4)  The actor is a doctor or other therapist or a person
    13     assisting him at his direction; and:
    14             (i)  the force is used for the purpose of
    15         administering a recognized form of treatment not
    16         prohibited by law of this Commonwealth which the actor
    17         believes to be adapted to promoting the physical or
    18         mental health of the patient; and
    19             (ii)  the treatment is administered with the consent
    20         of the patient, or, if the patient is a minor or an
    21         incompetent person with the consent of his parent or
    22         guardian or other person legally competent to consent in
    23         his behalf, or the treatment is administered in an
    24         emergency when the actor believes that no one competent
    25         to consent can be consulted and that a reasonable person,
    26         wishing to safeguard the welfare of the patient, would
    27         consent.
    28         (5)  The actor is a warden or other authorized official
    29     of a correctional institution; and:
    30             (i)  he believes that the force used is necessary for
    19870H1130B2546                  - 3 -

     1         the purpose of enforcing the lawful rules or procedures
     2         of the institution, unless his belief in the lawfulness
     3         of the rule or procedure sought to be enforced is
     4         erroneous and his error is due to ignorance or mistake as
     5         to the provisions of this title, any other provision of
     6         the criminal law or the law governing the administration
     7         of the institution;
     8             (ii)  the nature or degree of force used is not
     9         forbidden by law; and
    10             (iii)  if deadly force is used, its use is otherwise
    11         justifiable under this chapter.
    12         (6)  The actor is a person responsible for the safety of
    13     a vessel or an aircraft or a person acting at his direction;
    14     and:
    15             (i)  he believes that the force used is necessary to
    16         prevent interference with the operation of the vessel or
    17         aircraft or obstruction of the execution of a lawful
    18         order, unless his belief in the lawfulness of the order
    19         is erroneous and his error is due to ignorance or mistake
    20         as to the law defining his authority; and
    21             (ii)  if deadly force is used, its use is otherwise
    22         justifiable under this chapter.
    23         (7)  The actor is a person who is authorized or required
    24     by law to maintain order or decorum in a vehicle, train or
    25     other carrier or in a place where others are assembled; and:
    26             (i)  he believes that the force used is necessary for
    27         such purpose; and
    28             (ii)  the force used is not designed to cause death,
    29         or known to create a substantial risk of causing death,
    30         bodily injury, or extreme mental distress.
    19870H1130B2546                  - 4 -

     1     (b)  Necessary force.--As used in subsection (a)(3)(i), force
     2  shall be deemed necessary only if no reasonable alternative is
     3  available and the force used is limited to that which is
     4  required to prevent imminent physical injury to the actor, the
     5  incompetent person, mentally ill or mentally retarded person or
     6  another person.
     7     SECTION 2.  TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:   <--
     8  § 1108.  DISTRICT ATTORNEYS' STANDING AND INTEREST IN PRISONER
     9             LITIGATION.
    10     THE DISTRICT ATTORNEY SHALL RECEIVE WRITTEN NOTICE OF, AND
    11  SHALL HAVE AUTOMATIC STANDING AND A LEGAL INTEREST IN, ANY
    12  PROCEEDING WHICH MAY INVOLVE THE RELEASE OR NONADMISSION OF
    13  COUNTY PRISONERS, DELINQUENTS OR DETAINEES DUE TO THE FACT,
    14  DURATION OR OTHER CONDITIONS OF CUSTODY. IN ADDITION TO THE
    15  DISTRICT ATTORNEY'S RIGHTS IN SUCH A PROCEEDING, THE DISTRICT
    16  ATTORNEY MAY SEEK ANY EQUITABLE RELIEF NECESSARY TO PROTECT THE
    17  DISTRICT ATTORNEY'S INTEREST IN THE CONTINUED INSTITUTIONAL
    18  CUSTODY AND ADMISSION OF COUNTY PRISONERS, DELINQUENTS OR
    19  DETAINEES.
    20     Section 2 3.  Chapter 13 of Title 18 is amended by adding a    <--
    21  subchapter to read:
    22                             CHAPTER 13
    23                  AUTHORITY OF COURT IN SENTENCING
    24                               * * *
    25                            SUBCHAPTER G
    26               PENNSYLVANIA COMMISSION ON SENTENCING
    27  Sec.
    28  1381.  Pennsylvania Commission on Sentencing.
    29  1382.  Composition of commission.
    30  1383.  Powers and duties.
    19870H1130B2546                  - 5 -

     1  1384.  Adoption of guidelines for sentencing.
     2  1385.  Publication of guidelines for sentencing.
     3  1386.  Severability of subchapter.
     4  § 1381.  Pennsylvania Commission on Sentencing.
     5     (a)  General rule.--The Pennsylvania Commission on Sentencing
     6  shall be established as an agency of the General Assembly and
     7  shall consist of 11 persons selected as provided in this
     8  subchapter.
     9     (b)  Seal.--The Pennsylvania Commission on Sentencing shall
    10  have a seal engraved with its name and such other inscription as
    11  may be specified by regulation of the commission.
    12  § 1382.  Composition of commission.
    13     (a)  General rule.--The Pennsylvania Commission on Sentencing
    14  shall consist of:
    15         (1)  Two members of the House of Representatives selected
    16     by the Speaker of the House of Representatives, no more than
    17     one of whom shall be of the same political party.
    18         (2)  Two members of the Senate selected by the President
    19     pro tempore of the Senate, no more than one of whom shall be
    20     of the same political party.
    21         (3)  Four judges of courts of record selected by the
    22     Chief Justice of Pennsylvania.
    23         (4)  Three persons appointed by the Governor, who shall
    24     be, respectively:
    25             (i)  A district attorney.
    26             (ii)  A defense attorney.
    27             (iii)  Either a professor of law or a criminologist.
    28     (b)  Terms of office.--The members of the commission shall
    29  serve for terms of two years and until a successor has been
    30  selected and qualified. A vacancy on the commission shall be
    19870H1130B2546                  - 6 -

     1  filled for the balance of the term.
     2     (c)  Chairman and executive director.--The commission shall
     3  select a chairman from its members and an executive director.
     4  The chairman shall:
     5         (1)  Preside at meetings of the commission.
     6         (2)  Direct the preparation of requests for
     7     appropriations for the commission and the use of funds made
     8     available to the commission.
     9     (d)  Meetings and quorum.--
    10         (1)  The commission shall meet at least four times a year
    11     and not less than semiannually to establish its general
    12     policies and rules.
    13         (2)  The commission shall be deemed an "agency" within
    14     the meaning of and shall be subject to the provisions of the
    15     act of July 3, 1986 (P.L.388, No.84), known as the Sunshine
    16     Act.
    17         (3)  Seven commissioners shall constitute a quorum for
    18     the purpose of adopting proposed initial and initial and
    19     subsequent guidelines. A majority of commissioners shall
    20     constitute a quorum for all other purposes.
    21         (4)  Minutes of meetings shall be kept by the executive
    22     director and filed at the executive office of the commission.
    23     (e)  Records of action.--Except as otherwise provided by
    24  statute, the commission shall maintain and make available for
    25  public inspection a record of the final vote of each member on
    26  any action taken by it.
    27     (f)  Expenses.--Each commissioner shall be entitled to
    28  reimbursement for his accountable expenses incurred while
    29  engaged in the business of the commission.
    30  § 1383.  Powers and duties.
    19870H1130B2546                  - 7 -

     1     (a)  General rule.--The commission, pursuant to rules and
     2  regulations, shall have the power to:
     3         (1)  Establish general policies and promulgate such rules
     4     and regulations for the commission as are necessary to carry
     5     out the purposes of this subchapter and 42 Pa.C.S. Ch. 97
     6     (relating to sentencing).
     7         (2)  Utilize, with their consent, the services,
     8     equipment, personnel, information and facilities of Federal,
     9     State, local and private agencies and instrumentalities with
    10     or without reimbursement therefor.
    11         (3)  Enter into and perform such contracts, leases,
    12     cooperative agreements and other transactions as may be
    13     necessary in the conduct of the functions of the commission,
    14     with any public agency or with any person, firm, association,
    15     corporation, educational institution or nonprofit
    16     organization.
    17         (4)  Request such information, data and reports from any
    18     officer or agency of the Commonwealth government as the
    19     commission may from time to time require and as may be
    20     produced consistent with other law.
    21         (5)  Arrange with the head of any government unit for the
    22     performance by the government unit of any function of the
    23     commission, with or without reimbursement.
    24         (6)  Issue invitations requesting the attendance and
    25     testimony of witnesses and the production of any evidence
    26     that relates directly to a matter with respect to which the
    27     commission or any member thereof is empowered to make a
    28     determination under this subchapter.
    29         (7)  Establish a research and development program within
    30     the commission for the purpose of:
    19870H1130B2546                  - 8 -

     1             (i)  Serving as a clearinghouse and information
     2         center for the collection, preparation and dissemination
     3         of information on Commonwealth sentencing practices.
     4             (ii)  Assisting and serving in a consulting capacity
     5         to State courts, departments and agencies in the
     6         development, maintenance and coordination of sound
     7         sentencing practices.
     8         (8)  Collect systematically the data obtained from
     9     studies, research and the empirical experience of public and
    10     private agencies concerning the sentencing processes.
    11         (9)  Publish data concerning the sentencing processes.
    12         (10)  Collect systematically and disseminate information
    13     concerning sentences actually imposed.
    14         (11)  Collect systematically and disseminate information
    15     regarding effectiveness of sentences imposed.
    16         (12)  Make recommendations to the General Assembly
    17     concerning modification or enactment of sentencing and
    18     correctional statutes which the commission finds to be
    19     necessary and advisable to carry out an effective, humane and
    20     rational sentencing policy.
    21         (13)  Establish a plan and timetable to collect and
    22     disseminate information relating to incapacitation,
    23     recidivism, deterrence and overall effectiveness of sentences
    24     imposed.
    25         (14)  Establish a program to systematically monitor
    26     compliance with the guidelines and with mandatory sentencing
    27     laws by:
    28             (i)  Promulgating forms which document the
    29         application of the guidelines or mandatory sentencing
    30         laws, or both.
    19870H1130B2546                  - 9 -

     1             (ii)  Requiring the timely completion and submission
     2         of such forms to the commission.
     3     (b)  Annual reports.--The commission shall report annually to
     4  the General Assembly, the Administrative Office of Pennsylvania
     5  Courts and the Governor on the activities of the commission.
     6     (c)  Additional powers and duties.--The commission shall have
     7  such other powers and duties and shall perform such other
     8  functions as may be necessary to carry out the purposes of this
     9  subchapter or as may be provided under any other provision of
    10  law and may delegate to any commissioner or designated person
    11  such powers as may be appropriate other than the power to
    12  establish general policies, guidelines, rules and factors under
    13  subsection (a)(1).
    14  § 1384.  Adoption of guidelines for sentencing.
    15     (a)  General rule.--The commission shall adopt guidelines for
    16  sentencing within the limits established by law which shall be
    17  considered by the sentencing court in determining the
    18  appropriate sentence for defendants who plead guilty or nolo
    19  contendere to, or who were found guilty of, felonies and
    20  misdemeanors. The guidelines shall:
    21         (1)  Specify the range of sentences applicable to crimes
    22     of a given degree of gravity.
    23         (2)  Specify a range of sentences of increased severity
    24     for defendants previously convicted of or adjudicated
    25     delinquent for one or more misdemeanor or felony offenses
    26     committed prior to the current offense. For purposes of this
    27     section "previously convicted or adjudicated delinquent"
    28     shall include any finding of guilt or adjudication of
    29     delinquency whether or not sentence has been imposed or
    30     disposition ordered prior to the commission of the current     <--
    19870H1130B2546                 - 10 -

     1     offense.
     2         (3)  Specify a range of sentences of increased severity
     3     for defendants who possessed a deadly weapon during the
     4     commission of the current conviction offense.
     5         (4)  Prescribe variations from the range of sentences
     6     applicable on account of aggravating or mitigating
     7     circumstances.
     8     (b)  Definition.--As used in this section the term
     9  "possessed" means on the defendant's person or within his
    10  immediate physical control.
    11  § 1385.  Publication of guidelines for sentencing.
    12     (a)  General rule.--The commission shall:
    13         (1)  Prior to adoption, publish in the Pennsylvania
    14     Bulletin all proposed sentencing guidelines and hold public
    15     hearings not earlier than 30 days and not later than 60 days
    16     thereafter to afford an opportunity for the following persons
    17     and organizations to testify:
    18             (i)  Pennsylvania District Attorneys Association.
    19             (ii)  Chiefs of Police Associations.
    20             (iii)  Fraternal Order of Police.
    21             (iv)  Public Defenders Organization.
    22             (v)  Law school faculty members.
    23             (vi)  State Board of Probation and Parole.
    24             (vii)  Bureau of Correction.
    25             (viii)  Pennsylvania Bar Association.
    26             (ix)  Pennsylvania Wardens Association.
    27             (x)  Pennsylvania Association on Probation, Parole
    28         and Corrections.
    29             (xi)  Pennsylvania Conference of State Trial Judges.
    30             (xii)  Any other interested person or organization.
    19870H1130B2546                 - 11 -

     1         (2)  Publish in the Pennsylvania Bulletin sentencing
     2     guidelines as adopted by the commission.
     3     (b)  Rejection by General Assembly.--Subject to gubernatorial
     4  review pursuant to section 9 of Article III of the Constitution
     5  of Pennsylvania, the General Assembly may by concurrent
     6  resolution reject in their entirety any guidelines adopted by
     7  the commission within 90 days of their publication in the
     8  Pennsylvania Bulletin pursuant to subsection (a)(2).
     9     (c)  Effective date.--Sentencing guidelines adopted by the
    10  commission shall become effective 180 days after publication in
    11  the Pennsylvania Bulletin pursuant to subsection (a)(2) unless
    12  disapproved pursuant to subsection (b). If not disapproved, the
    13  commissioners shall conduct training and orientation for trial
    14  court judges prior to the effective date of the guidelines.
    15  § 1386.  Severability of subchapter.
    16     The provisions of this subchapter are severable. If any
    17  provision of this subchapter or its application to any person or
    18  circumstance is held invalid, the invalidity shall not affect
    19  other provisions or applications of this subchapter which can be
    20  given effect without the invalid provision or application.
    21     SECTION 4.  THE DEFINITION OF "MEDICAL EMERGENCY" IN SECTION   <--
    22  3203 OF TITLE 18 IS AMENDED AND THE SECTION IS AMENDED BY ADDING
    23  A DEFINITION TO READ:
    24  § 3203.  DEFINITIONS.
    25     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    26  SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
    27  MEANINGS GIVEN TO THEM IN THIS SECTION:
    28     * * *
    29     "MEDICAL EMERGENCY."  THAT CONDITION WHICH, ON THE BASIS OF
    30  THE PHYSICIAN'S [BEST] GOOD FAITH CLINICAL JUDGMENT, SO
    19870H1130B2546                 - 12 -

     1  COMPLICATES [A PREGNANCY] THE MEDICAL CONDITION OF A PREGNANT
     2  WOMAN AS TO NECESSITATE THE IMMEDIATE ABORTION OF [SAME] HER
     3  PREGNANCY TO AVERT [THE] HER DEATH [OF THE MOTHER] OR FOR WHICH
     4  A [24-HOUR] DELAY WILL CREATE [GRAVE PERIL] SERIOUS RISK OF
     5  [IMMEDIATE] SUBSTANTIAL AND IRREVERSIBLE [LOSS] IMPAIRMENT OF
     6  MAJOR BODILY FUNCTION.
     7     * * *
     8     "PHYSICIAN."  ANY PERSON LICENSED TO PRACTICE MEDICINE IN
     9  THIS COMMONWEALTH. THE TERM INCLUDES MEDICAL DOCTORS AND DOCTORS
    10  OF OSTEOPATHY.
    11     * * *
    12     SECTION 5.  SECTIONS 3204(D), 3205, 3206(A), (E), (F), (G),
    13  (H) AND (I), 3207(B), 3208, 3209, 3210(B) AND (C), 3211, 3213(C)
    14  AND 3214(A), (E), (F), (H) AND (I) OF TITLE 18 ARE AMENDED TO
    15  READ:
    16  § 3204.  MEDICAL CONSULTATION AND JUDGMENT.
    17     * * *
    18     (D)  PENALTY.--ANY PHYSICIAN WHO VIOLATES THE PROVISIONS OF
    19  THIS SECTION IS GUILTY OF "UNPROFESSIONAL CONDUCT" AND HIS
    20  LICENSE FOR THE PRACTICE OF MEDICINE AND SURGERY SHALL BE
    21  SUBJECT TO SUSPENSION OR REVOCATION IN ACCORDANCE WITH
    22  PROCEDURES PROVIDED UNDER THE ACT OF [JULY 20, 1974 (P.L.551,
    23  NO.190), KNOWN AS THE "MEDICAL PRACTICE ACT OF 1974."] OCTOBER
    24  5, 1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL
    25  PRACTICE ACT, THE ACT OF DECEMBER 20, 1985 (P.L.457, NO.112),
    26  KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR THEIR SUCCESSOR
    27  ACTS.
    28  § 3205.  INFORMED CONSENT.
    29     (A)  GENERAL RULE.--NO ABORTION SHALL BE PERFORMED OR INDUCED
    30  EXCEPT WITH THE VOLUNTARY AND INFORMED CONSENT OF THE WOMAN UPON
    19870H1130B2546                 - 13 -

     1  WHOM THE ABORTION IS TO BE PERFORMED OR INDUCED. EXCEPT IN THE
     2  CASE OF A MEDICAL EMERGENCY, CONSENT TO AN ABORTION IS VOLUNTARY
     3  AND INFORMED IF AND ONLY IF[:
     4         (1)  THE WOMAN IS PROVIDED, AT LEAST 24 HOURS BEFORE THE
     5     ABORTION, WITH THE FOLLOWING INFORMATION BY THE PHYSICIAN WHO
     6     IS TO PERFORM THE ABORTION OR BY THE REFERRING PHYSICIAN BUT
     7     NOT BY THE AGENT OR REPRESENTATIVE OF EITHER.
     8             (I)  THE NAME OF THE PHYSICIAN WHO WILL PERFORM THE
     9         ABORTION.
    10             (II)  THE FACT THAT THERE MAY BE DETRIMENTAL PHYSICAL
    11         AND PSYCHOLOGICAL EFFECTS WHICH ARE NOT ACCURATELY
    12         FORESEEABLE.
    13             (III)  THE PARTICULAR MEDICAL RISKS ASSOCIATED WITH
    14         THE PARTICULAR ABORTION PROCEDURE TO BE EMPLOYED
    15         INCLUDING, WHEN MEDICALLY ACCURATE, THE RISKS OF
    16         INFECTION, HEMORRHAGE, DANGER TO SUBSEQUENT PREGNANCIES
    17         AND INFERTILITY.
    18             (IV)  THE PROBABLE GESTATIONAL AGE OF THE UNBORN
    19         CHILD AT THE TIME THE ABORTION IS TO BE PERFORMED.
    20             (V)  THE MEDICAL RISKS ASSOCIATED WITH CARRYING HER
    21         CHILD TO TERM.
    22         (2)  THE WOMAN IS INFORMED, BY THE PHYSICIAN OR HIS
    23     AGENT, AT LEAST 24 HOURS BEFORE THE ABORTION:
    24             (I)  THE FACT THAT MEDICAL ASSISTANCE BENEFITS MAY BE
    25         AVAILABLE FOR PRENATAL CARE, CHILDBIRTH AND NEONATAL
    26         CARE.
    27             (II)  THE FACT THAT THE FATHER IS LIABLE TO ASSIST IN
    28         THE SUPPORT OF HER CHILD, EVEN IN INSTANCES WHERE THE
    29         FATHER HAS OFFERED TO PAY FOR THE ABORTION.
    30             (III)  THAT SHE HAS THE RIGHT TO REVIEW THE PRINTED
    19870H1130B2546                 - 14 -

     1         MATERIALS DESCRIBED IN SECTION 3208 (RELATING TO PRINTED
     2         INFORMATION). THE PHYSICIAN OR HIS AGENT SHALL ORALLY
     3         INFORM THE WOMAN THAT THE MATERIALS DESCRIBE THE UNBORN
     4         CHILD AND LIST AGENCIES WHICH OFFER ALTERNATIVES TO
     5         ABORTION. IF THE WOMAN CHOOSES TO VIEW THE MATERIALS,
     6         COPIES OF THEM SHALL BE FURNISHED TO HER. IF THE WOMAN IS
     7         UNABLE TO READ THE MATERIALS FURNISHED HER, THE MATERIALS
     8         SHALL BE READ TO HER. IF THE WOMAN SEEKS ANSWERS TO
     9         QUESTIONS CONCERNING ANY OF THE INFORMATION OR MATERIALS,
    10         ANSWERS SHALL BE PROVIDED HER IN HER OWN LANGUAGE.
    11         (3)  THE WOMAN CERTIFIES IN WRITING, PRIOR TO THE
    12     ABORTION, THAT THE INFORMATION DESCRIBED IN PARAGRAPHS (1)
    13     AND (2) HAS BEEN FURNISHED HER, AND THAT SHE HAS BEEN
    14     INFORMED OF HER OPPORTUNITY TO REVIEW THE INFORMATION
    15     REFERRED TO IN PARAGRAPH (2).
    16         (4)  PRIOR TO THE PERFORMANCE OF THE ABORTION, THE
    17     PHYSICIAN WHO IS TO PERFORM OR INDUCE THE ABORTION OR HIS
    18     AGENT RECEIVES A COPY OF THE WRITTEN CERTIFICATION PRESCRIBED
    19     BY PARAGRAPH (3)], PRIOR TO THE CONSENT HAVING BEEN GIVEN,
    20     THE PHYSICIAN WHO IS TO PERFORM THE ABORTION, OR THE
    21     REFERRING PHYSICIAN, HAS VERBALLY INFORMED THE WOMAN OF THE
    22     NATURE OF THE PROPOSED PROCEDURE OR TREATMENT AND OF THOSE
    23     RISKS AND ALTERNATIVES TO THE PROCEDURE OR TREATMENT THAT A
    24     REASONABLE PATIENT WOULD CONSIDER MATERIAL TO THE DECISION
    25     WHETHER OR NOT TO UNDERGO THE ABORTION, AND THE WOMAN
    26     CERTIFIES IN WRITING PRIOR TO THE ABORTION THAT SHE HAS BEEN
    27     PROVIDED SUCH INFORMATION.
    28     (B)  EMERGENCY.--WHERE A MEDICAL EMERGENCY COMPELS THE
    29  PERFORMANCE OF AN ABORTION, THE PHYSICIAN SHALL INFORM THE
    30  WOMAN, PRIOR TO THE ABORTION IF POSSIBLE, OF THE MEDICAL
    19870H1130B2546                 - 15 -

     1  INDICATIONS SUPPORTING HIS JUDGMENT THAT AN ABORTION IS
     2  NECESSARY TO AVERT HER DEATH OR TO AVERT SUBSTANTIAL AND
     3  IRREVERSIBLE IMPAIRMENT OF MAJOR BODILY FUNCTION.
     4     (C)  PENALTY.--ANY PHYSICIAN WHO VIOLATES THE PROVISIONS OF
     5  THIS SECTION IS GUILTY OF "UNPROFESSIONAL CONDUCT" AND HIS
     6  LICENSE FOR THE PRACTICE OF MEDICINE AND SURGERY SHALL BE
     7  SUBJECT TO SUSPENSION OR REVOCATION IN ACCORDANCE WITH
     8  PROCEDURES PROVIDED UNDER THE ACT OF [JULY 20, 1974 (P.L.551,
     9  NO.190), KNOWN AS THE "MEDICAL PRACTICE ACT OF 1974." ANY OTHER
    10  PERSON OBLIGATED UNDER THIS CHAPTER TO GIVE INFORMATION RELATING
    11  TO INFORMED CONSENT TO A WOMAN BEFORE AN ABORTION IS PERFORMED,
    12  AND WHO FAILS TO GIVE SUCH INFORMATION, SHALL, FOR THE FIRST
    13  OFFENSE BE GUILTY OF A SUMMARY OFFENSE AND, FOR EACH SUBSEQUENT
    14  OFFENSE, BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.]
    15  OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC
    16  MEDICAL PRACTICE ACT, THE ACT OF DECEMBER 20, 1985 (P.L.457,
    17  NO.112), KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR THEIR
    18  SUCCESSOR ACTS. NO PHYSICIAN SHALL BE GUILTY OF "UNPROFESSIONAL
    19  CONDUCT" FOR FAILURE TO FURNISH THE INFORMATION REQUIRED BY
    20  SUBSECTION (A) IF HE OR SHE CAN DEMONSTRATE, BY A PREPONDERANCE
    21  OF THE EVIDENCE, THAT FURNISHING THE INFORMATION WOULD HAVE
    22  RESULTED IN A SEVERELY ADVERSE EFFECT ON THE PHYSICAL OR MENTAL
    23  HEALTH OF THE PATIENT.
    24     (D)  LIMITATION ON CIVIL LIABILITY.--ANY PHYSICIAN WHO
    25  COMPLIES WITH THE PROVISIONS OF THIS SECTION MAY NOT BE HELD
    26  CIVILLY LIABLE TO HIS PATIENT FOR FAILURE TO OBTAIN INFORMED
    27  CONSENT TO THE ABORTION WITHIN THE MEANING OF THAT TERM AS
    28  DEFINED BY THE ACT OF OCTOBER 15, 1975 (P.L.390, NO.111), KNOWN
    29  AS THE ["]HEALTH CARE SERVICES MALPRACTICE ACT.["]
    30  § 3206.  PARENTAL CONSENT.
    19870H1130B2546                 - 16 -

     1     (A)  GENERAL RULE.--EXCEPT IN THE CASE OF A MEDICAL
     2  EMERGENCY, OR EXCEPT AS PROVIDED IN THIS SECTION, IF A PREGNANT
     3  WOMAN IS LESS THAN 18 YEARS OF AGE AND NOT EMANCIPATED, OR IF
     4  SHE HAS BEEN ADJUDGED AN INCOMPETENT UNDER 20 PA.C.S. § 5511
     5  (RELATING TO PETITION AND HEARING; EXAMINATION BY COURT-
     6  APPOINTED PHYSICIAN), A PHYSICIAN SHALL NOT PERFORM AN ABORTION
     7  UPON HER UNLESS, IN THE CASE OF A WOMAN WHO IS LESS THAN 18
     8  YEARS OF AGE, HE FIRST OBTAINS THE INFORMED CONSENT BOTH OF THE
     9  PREGNANT WOMAN AND OF ONE OF HER PARENTS; OR, IN THE CASE OF A
    10  WOMAN WHO IS INCOMPETENT, HE FIRST OBTAINS THE INFORMED CONSENT
    11  OF HER GUARDIAN. IN DECIDING WHETHER TO GRANT SUCH CONSENT, A
    12  PREGNANT WOMAN'S PARENT OR GUARDIAN SHALL CONSIDER ONLY THEIR
    13  CHILD'S OR WARD'S BEST INTERESTS. [IN OBTAINING THE CONSENT OF
    14  THE WOMAN'S PARENT OR GUARDIAN, THE PHYSICIAN SHALL PROVIDE THEM
    15  THE INFORMATION AND MATERIALS SPECIFIED IN SECTION 3205
    16  (RELATING TO INFORMED CONSENT), AND SHALL FURTHER OBTAIN FROM
    17  THEM THE CERTIFICATION REQUIRED BY SECTION 3205(A)(3).] IN THE
    18  CASE OF A PREGNANCY THAT IS THE RESULT OF INCEST WHERE THE
    19  FATHER IS A PARTY TO THE INCESTUOUS ACT, THE PREGNANT WOMAN NEED
    20  ONLY OBTAIN THE CONSENT OF HER MOTHER.
    21     * * *
    22     (E)  REPRESENTATION IN PROCEEDINGS.--THE PREGNANT WOMAN MAY
    23  PARTICIPATE IN PROCEEDINGS IN THE COURT ON HER OWN BEHALF AND
    24  THE COURT MAY APPOINT A GUARDIAN AD LITEM [FOR] TO ASSIST HER.
    25  THE COURT SHALL, HOWEVER, ADVISE HER THAT SHE HAS A RIGHT TO
    26  COURT APPOINTED COUNSEL, AND SHALL[, UPON HER REQUEST,] PROVIDE
    27  HER WITH SUCH COUNSEL UNLESS SHE WISHES TO APPEAR WITH PRIVATE
    28  COUNSEL OR HAS KNOWINGLY AND INTELLIGENTLY WAIVED REPRESENTATION
    29  BY COUNSEL.
    30     (F)  PROCEEDINGS [CONFIDENTIAL].--
    19870H1130B2546                 - 17 -

     1         (1)  COURT PROCEEDINGS UNDER THIS SECTION SHALL BE
     2     CONFIDENTIAL AND SHALL BE GIVEN SUCH PRECEDENCE OVER OTHER
     3     PENDING MATTERS AS WILL ENSURE THAT THE COURT MAY REACH A
     4     DECISION PROMPTLY AND WITHOUT DELAY IN ORDER TO SERVE THE
     5     BEST INTERESTS OF THE PREGNANT WOMAN[, BUT IN]. IN NO CASE
     6     SHALL THE COURT OF COMMON PLEAS FAIL TO RULE WITHIN THREE
     7     BUSINESS DAYS OF THE DATE OF APPLICATION. A COURT OF COMMON
     8     PLEAS WHICH CONDUCTS PROCEEDINGS UNDER THIS SECTION SHALL
     9     MAKE IN WRITING SPECIFIC FACTUAL FINDINGS AND LEGAL
    10     CONCLUSIONS SUPPORTING ITS DECISION AND SHALL ORDER A SEALED
    11     RECORD OF THE PLEADINGS, SUBMISSIONS, TRANSCRIPTS, EXHIBITS,
    12     ORDERS, EVIDENCE AND ANY OTHER WRITTEN MATERIAL TO BE
    13     MAINTAINED WHICH SHALL INCLUDE ITS OWN FINDINGS AND
    14     CONCLUSIONS.
    15         (2)  THE APPLICATION TO THE COURT OF COMMON PLEAS SHALL
    16     BE ACCOMPANIED BY A NON-NOTARIZED VERIFICATION STATING THAT
    17     THE INFORMATION THEREIN IS TRUE AND CORRECT TO THE BEST OF
    18     THE APPLICANT'S KNOWLEDGE, AND THE APPLICATION SHALL SET
    19     FORTH THE FOLLOWING FACTS:
    20             (I)  THE INITIALS OF THE PREGNANT WOMAN.
    21             (II)  THE AGE OF THE PREGNANT WOMAN.
    22             (III)  THE NAMES AND ADDRESSES OF EACH PARENT,
    23         GUARDIAN, OR, IF THE MINOR'S PARENTS ARE DECEASED AND NO
    24         GUARDIAN HAS BEEN APPOINTED, ANY OTHER PERSON STANDING IN
    25         LOCO PARENTIS TO THE MINOR.
    26             (IV)  THAT THE PREGNANT WOMAN HAS BEEN FULLY INFORMED
    27         OF THE RISKS AND CONSEQUENCES OF THE ABORTION.
    28             (V)  WHETHER THE PREGNANT WOMAN IS OF SOUND MIND AND
    29         HAS SUFFICIENT INTELLECTUAL CAPACITY TO CONSENT TO THE
    30         ABORTION.
    19870H1130B2546                 - 18 -

     1             (VI)  A PRAYER FOR RELIEF ASKING THE COURT TO EITHER
     2         GRANT THE PREGNANT WOMAN FULL CAPACITY FOR THE PURPOSE OF
     3         PERSONAL CONSENT TO THE ABORTION, OR TO GIVE JUDICIAL
     4         CONSENT TO THE ABORTION UNDER SUBSECTION (D) BASED UPON A
     5         FINDING THAT THE ABORTION IS IN THE BEST INTEREST OF THE
     6         PREGNANT WOMAN.
     7             (VII)  THAT THE PREGNANT WOMAN IS AWARE THAT ANY
     8         FALSE STATEMENTS MADE IN THE APPLICATION ARE PUNISHABLE
     9         BY LAW.
    10             (VIII)  THE SIGNATURE OF THE PREGNANT WOMAN.
    11     WHERE NECESSARY TO SERVE THE INTEREST OF JUSTICE, THE
    12     ORPHANS' COURT DIVISION, OR, IN PHILADELPHIA, THE FAMILY
    13     COURT DIVISION, SHALL REFER THE PREGNANT WOMAN TO THE
    14     APPROPRIATE PERSONNEL FOR ASSISTANCE IN PREPARING THE
    15     APPLICATION.
    16         (3)  THE NAME OF THE PREGNANT WOMAN SHALL NOT BE ENTERED
    17     ON ANY DOCKET WHICH IS SUBJECT TO PUBLIC INSPECTION. ALL
    18     PERSONS SHALL BE EXCLUDED FROM HEARINGS UNDER THIS SECTION
    19     EXCEPT THE APPLICANT AND SUCH OTHER PERSONS WHOSE PRESENCE IS
    20     SPECIFICALLY REQUESTED BY THE APPLICANT OR HER GUARDIAN.
    21         (4)  AT THE HEARING, THE COURT SHALL HEAR EVIDENCE
    22     RELATING TO THE EMOTIONAL DEVELOPMENT, MATURITY, INTELLECT
    23     AND UNDERSTANDING OF THE PREGNANT WOMAN, THE FACT AND
    24     DURATION OF HER PREGNANCY, THE NATURE, POSSIBLE CONSEQUENCES
    25     AND ALTERNATIVES TO THE ABORTION AND ANY OTHER EVIDENCE THAT
    26     THE COURT MAY FIND USEFUL IN DETERMINING WHETHER THE PREGNANT
    27     WOMAN SHOULD BE GRANTED FULL CAPACITY FOR THE PURPOSE OF
    28     CONSENTING TO THE ABORTION OR WHETHER THE ABORTION IS IN THE
    29     BEST INTEREST OF THE PREGNANT WOMAN. THE COURT SHALL ALSO
    30     NOTIFY THE PREGNANT WOMAN AT THE HEARING THAT IT MUST RULE ON
    19870H1130B2546                 - 19 -

     1     HER APPLICATION WITHIN THREE BUSINESS DAYS OF THE DATE OF ITS
     2     FILING, AND THAT, SHOULD THE COURT FAIL TO RULE IN FAVOR OF
     3     HER APPLICATION WITHIN THE ALLOTTED TIME, SHE HAS THE RIGHT
     4     TO APPEAL TO THE SUPERIOR COURT.
     5     (G)  COERCION PROHIBITED.--EXCEPT IN A MEDICAL EMERGENCY, NO
     6  PARENT, GUARDIAN OR OTHER PERSON STANDING IN LOCO PARENTIS SHALL
     7  COERCE A MINOR OR INCOMPETENT WOMAN TO UNDERGO AN ABORTION. ANY
     8  MINOR OR INCOMPETENT WOMAN WHO IS THREATENED WITH SUCH COERCION
     9  MAY APPLY TO A COURT OF COMMON PLEAS FOR RELIEF. THE COURT SHALL
    10  PROVIDE THE MINOR OR INCOMPETENT WOMAN WITH COUNSEL, GIVE THE
    11  MATTER EXPEDITED CONSIDERATION AND GRANT SUCH RELIEF AS MAY BE
    12  NECESSARY TO PREVENT SUCH COERCION. SHOULD A MINOR BE DENIED THE
    13  FINANCIAL SUPPORT OF HER PARENTS BY REASON OF HER REFUSAL TO
    14  UNDERGO ABORTION, SHE SHALL BE CONSIDERED EMANCIPATED FOR
    15  PURPOSES OF ELIGIBILITY FOR ASSISTANCE BENEFITS.
    16     (H)  REGULATION OF PROCEEDINGS.--NO FILING FEES SHALL BE
    17  REQUIRED OF ANY WOMAN AVAILING HERSELF OF THE PROCEDURES
    18  PROVIDED BY THIS SECTION. AN EXPEDITED CONFIDENTIAL APPEAL SHALL
    19  BE AVAILABLE TO ANY PREGNANT WOMAN WHOM THE COURT [DENIES] FAILS
    20  TO GRANT AN ORDER AUTHORIZING AN ABORTION WITHIN THE TIME
    21  SPECIFIED IN THIS SECTION. ANY COURT TO WHICH AN APPEAL IS TAKEN
    22  UNDER THIS SECTION SHALL GIVE PROMPT AND CONFIDENTIAL ATTENTION
    23  THERETO AND SHALL RULE THEREON WITHIN FIVE BUSINESS DAYS OF THE
    24  FILING OF THE APPEAL. THE SUPREME COURT OF PENNSYLVANIA [SHALL]
    25  MAY ISSUE [PROMPTLY] SUCH RULES AS MAY [BE NECESSARY TO] FURTHER
    26  ASSURE THAT THE PROCESS PROVIDED IN THIS SECTION IS CONDUCTED IN
    27  SUCH A MANNER AS WILL ENSURE CONFIDENTIALITY AND SUFFICIENT
    28  PRECEDENCE OVER OTHER PENDING MATTERS TO ENSURE PROMPTNESS OF
    29  DISPOSITION.
    30     (I)  PENALTY.--ANY PERSON WHO PERFORMS AN ABORTION UPON A
    19870H1130B2546                 - 20 -

     1  WOMAN WHO IS AN UNEMANCIPATED MINOR OR INCOMPETENT TO WHOM THIS
     2  SECTION APPLIES EITHER WITH KNOWLEDGE THAT SHE IS A MINOR OR
     3  INCOMPETENT TO WHOM THIS SECTION APPLIES, OR WITH RECKLESS
     4  DISREGARD OR NEGLIGENCE AS TO WHETHER SHE IS A MINOR OR
     5  INCOMPETENT TO WHOM THIS SECTION APPLIES, AND WHO INTENTIONALLY,
     6  KNOWINGLY OR RECKLESSLY FAILS TO CONFORM TO ANY REQUIREMENT OF
     7  THIS SECTION IS GUILTY OF "UNPROFESSIONAL CONDUCT" AND HIS
     8  LICENSE FOR THE PRACTICE OF MEDICINE AND SURGERY SHALL BE
     9  SUSPENDED IN ACCORDANCE WITH PROCEDURES PROVIDED UNDER THE ACT
    10  OF [JULY 20, 1974 (P.L.551, NO.190), KNOWN AS THE "MEDICAL
    11  PRACTICE ACT OF 1974,"] OCTOBER 5, 1978 (P.L.1109, NO.261),
    12  KNOWN AS THE OSTEOPATHIC MEDICAL PRACTICE ACT, THE ACT OF
    13  DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL
    14  PRACTICE ACT OF 1985, OR THEIR SUCCESSOR ACTS, FOR A PERIOD OF
    15  AT LEAST THREE MONTHS. FAILURE TO COMPLY WITH THE REQUIREMENTS
    16  OF THIS SECTION IS PRIMA FACIE EVIDENCE OF FAILURE TO OBTAIN
    17  INFORMED CONSENT AND OF INTERFERENCE WITH FAMILY RELATIONS IN
    18  APPROPRIATE CIVIL ACTIONS. THE LAW OF THIS COMMONWEALTH SHALL
    19  NOT BE CONSTRUED TO PRECLUDE THE AWARD OF EXEMPLARY DAMAGES OR
    20  DAMAGES FOR EMOTIONAL DISTRESS EVEN IF UNACCOMPANIED BY PHYSICAL
    21  COMPLICATIONS IN ANY APPROPRIATE CIVIL ACTION RELEVANT TO
    22  VIOLATIONS OF THIS SECTION. NOTHING IN THIS SECTION SHALL BE
    23  CONSTRUED TO LIMIT THE COMMON LAW RIGHTS OF PARENTS.
    24  § 3207.  ABORTION FACILITIES.
    25     * * *
    26     (B)  REPORTS.--WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF
    27  THIS CHAPTER, EVERY FACILITY AT WHICH ABORTIONS ARE PERFORMED
    28  SHALL FILE, AND UPDATE IMMEDIATELY UPON ANY CHANGE, A REPORT
    29  WITH THE DEPARTMENT, [WHICH SHALL BE OPEN TO PUBLIC INSPECTION
    30  AND COPYING,] CONTAINING THE FOLLOWING INFORMATION:
    19870H1130B2546                 - 21 -

     1         (1)  NAME AND ADDRESS OF THE FACILITY.
     2         (2)  NAME AND ADDRESS OF ANY PARENT, SUBSIDIARY OR
     3     AFFILIATED ORGANIZATIONS, CORPORATIONS OR ASSOCIATIONS.
     4         (3)  NAME AND ADDRESS OF ANY PARENT, SUBSIDIARY OR
     5     AFFILIATED ORGANIZATIONS, CORPORATIONS OR ASSOCIATIONS HAVING
     6     CONTEMPORANEOUS COMMONALITY OF OWNERSHIP, BENEFICIAL
     7     INTEREST, DIRECTORSHIP OR OFFICERSHIP WITH ANY OTHER
     8     FACILITY.
     9  THE INFORMATION CONTAINED IN THOSE REPORTS WHICH ARE FILED
    10  PURSUANT TO THIS SUBSECTION BY FACILITIES WHICH RECEIVE STATE
    11  APPROPRIATED FUNDS DURING THE 12-CALENDAR-MONTH PERIOD
    12  IMMEDIATELY PRECEDING A REQUEST TO INSPECT OR COPY SUCH REPORTS
    13  SHALL BE DEEMED PUBLIC INFORMATION. REPORTS FILED BY FACILITIES
    14  WHICH DO NOT RECEIVE STATE APPROPRIATED FUNDS SHALL ONLY BE
    15  AVAILABLE TO LAW ENFORCEMENT OFFICIALS, THE STATE BOARD OF
    16  MEDICINE AND THE STATE BOARD OF OSTEOPATHIC MEDICINE FOR USE IN
    17  THE PERFORMANCE OF THEIR OFFICIAL DUTIES. ANY FACILITY FAILING
    18  TO COMPLY WITH THE PROVISIONS OF THIS SUBSECTION SHALL BE
    19  ASSESSED BY THE DEPARTMENT A FINE OF $500 FOR EACH DAY IT IS IN
    20  VIOLATION HEREOF.
    21  § 3208.  PRINTED INFORMATION.
    22     (A)  GENERAL RULE.--THE DEPARTMENT SHALL CAUSE TO BE
    23  PUBLISHED IN ENGLISH, SPANISH AND VIETNAMESE, WITHIN 60 DAYS
    24  AFTER THIS CHAPTER BECOMES LAW, AND SHALL UPDATE ON AN ANNUAL
    25  BASIS, THE FOLLOWING EASILY COMPREHENSIBLE PRINTED MATERIALS:
    26         (1)  GEOGRAPHICALLY INDEXED MATERIALS DESIGNED TO INFORM
    27     THE WOMAN OF PUBLIC AND PRIVATE AGENCIES AND SERVICES
    28     AVAILABLE TO ASSIST A WOMAN THROUGH PREGNANCY, UPON
    29     CHILDBIRTH AND WHILE THE CHILD IS DEPENDENT, INCLUDING
    30     ADOPTION AGENCIES, WHICH SHALL INCLUDE A COMPREHENSIVE LIST
    19870H1130B2546                 - 22 -

     1     OF THE AGENCIES AVAILABLE, A DESCRIPTION OF THE SERVICES THEY
     2     OFFER AND A DESCRIPTION OF THE MANNER, INCLUDING TELEPHONE
     3     NUMBERS, IN WHICH THEY MIGHT BE CONTACTED, OR, AT THE OPTION
     4     OF THE DEPARTMENT, PRINTED MATERIALS INCLUDING A TOLL-FREE,
     5     24-HOUR A DAY TELEPHONE NUMBER WHICH MAY BE CALLED TO OBTAIN,
     6     ORALLY, SUCH A LIST AND DESCRIPTION OF AGENCIES IN THE
     7     LOCALITY OF THE CALLER AND OF THE SERVICES THEY OFFER. THE
     8     MATERIALS SHALL INCLUDE THE FOLLOWING STATEMENT:
     9             "THERE ARE MANY PUBLIC AND PRIVATE AGENCIES WILLING
    10         AND ABLE TO HELP YOU TO CARRY YOUR CHILD TO TERM, AND TO
    11         ASSIST YOU AND YOUR CHILD AFTER YOUR CHILD IS BORN,
    12         WHETHER YOU CHOOSE TO KEEP YOUR CHILD OR TO PLACE HER OR
    13         HIM FOR ADOPTION. THE COMMONWEALTH OF PENNSYLVANIA
    14         STRONGLY URGES YOU TO CONTACT THEM BEFORE MAKING A FINAL
    15         DECISION ABOUT ABORTION. [THE LAW REQUIRES THAT YOUR
    16         PHYSICIAN OR HIS AGENT GIVE YOU THE OPPORTUNITY TO CALL
    17         AGENCIES LIKE THESE BEFORE YOU UNDERGO AN ABORTION.]"
    18     THE MATERIALS SHALL STATE THAT MEDICAL ASSISTANCE BENEFITS
    19     MAY BE AVAILABLE FOR PRENATAL CARE, CHILDBIRTH AND NEONATAL
    20     CARE, THAT IT IS UNLAWFUL FOR ANY INDIVIDUAL TO COERCE A
    21     WOMAN TO UNDERGO ABORTION, THAT ANY PHYSICIAN WHO PERFORMS AN
    22     ABORTION UPON A WOMAN WITHOUT OBTAINING HER INFORMED CONSENT
    23     OR WITHOUT ACCORDING HER A PRIVATE MEDICAL CONSULTATION MAY
    24     BE LIABLE TO HER FOR DAMAGES IN A CIVIL ACTION AT LAW, AND
    25     THAT THE FATHER OF A CHILD IS LIABLE TO ASSIST IN THE SUPPORT
    26     OF THAT CHILD, EVEN IN INSTANCES WHERE THE FATHER HAS OFFERED
    27     TO PAY FOR AN ABORTION.
    28         (2)  MATERIALS DESIGNED TO INFORM THE WOMAN OF THE
    29     PROBABLE ANATOMICAL AND PHYSIOLOGICAL CHARACTERISTICS OF THE
    30     UNBORN CHILD AT TWO-WEEK GESTATIONAL INCREMENTS FROM
    19870H1130B2546                 - 23 -

     1     FERTILIZATION TO FULL TERM, INCLUDING ANY RELEVANT
     2     INFORMATION ON THE POSSIBILITY OF THE UNBORN CHILD'S
     3     SURVIVAL. THE MATERIALS SHALL BE OBJECTIVE, NONJUDGMENTAL AND
     4     DESIGNED TO CONVEY ONLY ACCURATE SCIENTIFIC INFORMATION ABOUT
     5     THE UNBORN CHILD AT THE VARIOUS GESTATIONAL AGES. THE
     6     MATERIALS SHALL ALSO CONTAIN OBJECTIVE INFORMATION DESCRIBING
     7     THE METHODS OF ABORTION PROCEDURES COMMONLY EMPLOYED, THE
     8     MEDICAL RISKS COMMONLY ASSOCIATED WITH EACH SUCH PROCEDURE,
     9     THE POSSIBLE DETRIMENTAL PSYCHOLOGICAL EFFECTS OF ABORTION
    10     AND THE MEDICAL RISKS COMMONLY ASSOCIATED WITH CARRYING A
    11     CHILD TO TERM.
    12     (B)  FORMAT.--THE MATERIALS SHALL BE PRINTED IN A TYPEFACE
    13  LARGE ENOUGH TO BE CLEARLY LEGIBLE.
    14     (C)  FREE DISTRIBUTION.--THE MATERIALS REQUIRED UNDER THIS
    15  SECTION SHALL BE AVAILABLE AT NO COST FROM THE DEPARTMENT UPON
    16  REQUEST AND IN APPROPRIATE NUMBER TO ANY PERSON, FACILITY OR
    17  HOSPITAL.
    18  § 3209.  [ABORTION AFTER FIRST TRIMESTER] PATERNAL NOTICE.
    19     [ALL ABORTIONS SUBSEQUENT TO THE FIRST TRIMESTER OF PREGNANCY
    20  SHALL BE PERFORMED, INDUCED AND COMPLETED IN A HOSPITAL. EXCEPT
    21  IN CASES OF GOOD FAITH JUDGMENT THAT A MEDICAL EMERGENCY EXISTS,
    22  ANY PHYSICIAN WHO PERFORMS SUCH AN ABORTION IN A PLACE OTHER
    23  THAN A HOSPITAL IS GUILTY OF "UNPROFESSIONAL CONDUCT" AND HIS
    24  LICENSE FOR THE PRACTICE OF MEDICINE AND SURGERY SHALL BE
    25  SUBJECT TO SUSPENSION OR REVOCATION IN ACCORDANCE WITH
    26  PROCEDURES PROVIDED UNDER THE ACT OF JULY 20, 1974 (P.L.551,
    27  NO.190), KNOWN AS THE "MEDICAL PRACTICE ACT OF 1974."]
    28     (A)  PATERNAL NOTICE REQUIRED.--EXCEPT AS PROVIDED IN
    29  SUBSECTIONS (B) AND (C), NO PHYSICIAN SHALL PERFORM AN ABORTION
    30  UNLESS HE HAS RECEIVED A NON-NOTARIZED, SIGNED STATEMENT, FROM
    19870H1130B2546                 - 24 -

     1  THE WOMAN UPON WHOM THE ABORTION IS TO BE PERFORMED, THAT SHE
     2  HAS NOTIFIED THE FATHER OF THE UNBORN CHILD THAT SHE IS ABOUT TO
     3  UNDERGO AN ABORTION. THE STATEMENT SHALL BEAR A NOTICE THAT ANY
     4  FALSE STATEMENT MADE THEREIN IS PUNISHABLE BY LAW.
     5     (B)  EXCEPTIONS.--THE NOTICE REQUIRED BY SUBSECTION (A) NEED
     6  NOT BE FURNISHED WHERE THE WOMAN PROVIDES THE PHYSICIAN A NON-
     7  NOTARIZED, SIGNED STATEMENT CONTAINING AT LEAST ONE OF THE
     8  FOLLOWING:
     9         (1)  THE IDENTITY OF THE FATHER IS NOT KNOWN.
    10         (2)  THE FATHER, AFTER DILIGENT EFFORT, COULD NOT BE
    11     LOCATED.
    12         (3)  THE PREGNANCY IS A RESULT OF RAPE WHICH HAS BEEN
    13     REPORTED TO A LAW ENFORCEMENT AGENCY.
    14         (4)  THE PREGNANCY IS A RESULT OF INCEST WHICH HAS BEEN
    15     REPORTED TO A LAW ENFORCEMENT AGENCY OR, WHERE APPROPRIATE,
    16     TO A COUNTY CHILD PROTECTIVE SERVICE AGENCY.
    17         (5)  THE WOMAN HAS DEMONSTRATED TO A COURT OF COMMON
    18     PLEAS THAT THE FURNISHING OF NOTICE TO THE FATHER OF THE
    19     CHILD IS LIKELY TO PLACE HER IN DANGER OF BEING PHYSICALLY
    20     HARMED BY THE FATHER OR BY ANOTHER INDIVIDUAL. UPON ANY
    21     APPLICATION BY A WOMAN FOR A DECLARATION REQUIRED BY THIS
    22     PARAGRAPH, THE COURT SHALL OBSERVE ALL OF THE REQUIREMENTS
    23     UNDER SECTION 3206(A) THROUGH (F) (RELATING TO PARENTAL
    24     CONSENT) RESPECTING REPRESENTATION, AND ASSURING CONFIDENTIAL
    25     AND EXPEDITIOUS TREATMENT, INSOFAR AS SAID REQUIREMENTS ARE
    26     NOT INCONSISTENT HEREWITH.
    27  THE STATEMENT SHALL BEAR THE NOTICE THAT ANY FALSE STATEMENTS
    28  MADE THEREIN ARE PUNISHABLE BY LAW.
    29     (C)  MEDICAL EMERGENCY.--THE PROVISIONS OF SUBSECTION (A)
    30  SHALL NOT APPLY IN CASE OF A MEDICAL EMERGENCY.
    19870H1130B2546                 - 25 -

     1     (D)  PENALTY; CIVIL ACTION.--ANY PHYSICIAN WHO VIOLATES THE
     2  PROVISIONS OF THIS SECTION IS GUILTY OF "UNPROFESSIONAL
     3  CONDUCT," AND HIS LICENSE FOR THE PRACTICE OF MEDICINE AND
     4  SURGERY SHALL BE SUBJECT TO SUSPENSION OR REVOCATION IN
     5  ACCORDANCE WITH PROCEDURES PROVIDED UNDER THE ACT OF OCTOBER 5,
     6  1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL
     7  PRACTICE ACT, THE ACT OF DECEMBER 20, 1985 (P.L.457, NO.112),
     8  KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR THEIR SUCCESSOR
     9  ACTS. IN ADDITION, ANY PHYSICIAN WHO KNOWINGLY VIOLATES THE
    10  PROVISIONS OF THIS SECTION SHALL BE CIVILLY LIABLE TO THE FATHER
    11  OF THE UNBORN CHILD FOR ANY DAMAGES CAUSED THEREBY AND FOR
    12  PUNITIVE DAMAGES IN THE AMOUNT OF $5,000.
    13  § 3210.  ABORTION AFTER VIABILITY.
    14     * * *
    15     (B)  DEGREE OF CARE.--[EVERY] EXCEPT IN THE CASE OF A MEDICAL
    16  EMERGENCY, EVERY PERSON WHO PERFORMS OR INDUCES AN ABORTION
    17  AFTER HE HAS DETERMINED AN UNBORN CHILD [HAS BEEN DETERMINED] TO
    18  BE VIABLE SHALL EXERCISE THAT DEGREE OF PROFESSIONAL SKILL, CARE
    19  AND DILIGENCE WHICH [SUCH PERSON] WOULD REASONABLY BE [REQUIRED
    20  TO EXERCISE] NECESSARY IN ORDER TO PRESERVE THE LIFE AND HEALTH
    21  OF ANY UNBORN CHILD INTENDED TO BE BORN AND NOT ABORTED, AND THE
    22  ABORTION TECHNIQUE EMPLOYED SHALL BE THAT WHICH WOULD PROVIDE
    23  THE BEST OPPORTUNITY FOR THE UNBORN CHILD TO BE [ABORTED]
    24  DELIVERED ALIVE UNLESS, IN THE GOOD FAITH JUDGMENT OF THE
    25  PHYSICIAN, THAT METHOD OR TECHNIQUE WOULD PRESENT A
    26  [SIGNIFICANTLY] GREATER MEDICAL RISK TO THE LIFE OR HEALTH OF
    27  THE PREGNANT WOMAN THAN WOULD ANOTHER AVAILABLE METHOD OR
    28  TECHNIQUE [AND THE]. THE PHYSICIAN [REPORTS] SHALL REPORT THE
    29  BASIS FOR HIS JUDGMENT PURSUANT TO SECTION 3214(A) (RELATING TO
    30  REPORTING). THE POTENTIAL PSYCHOLOGICAL OR EMOTIONAL IMPACT ON
    19870H1130B2546                 - 26 -

     1  THE MOTHER OF THE UNBORN CHILD'S SURVIVAL SHALL NOT BE DEEMED A
     2  MEDICAL RISK TO THE MOTHER. ANY PERSON WHO INTENTIONALLY,
     3  KNOWINGLY OR RECKLESSLY VIOLATES THE PROVISIONS OF THIS
     4  SUBSECTION COMMITS A FELONY OF THE THIRD DEGREE.
     5     (C)  SECOND PHYSICIAN.--[ANY] EXCEPT IN THE CASE OF A MEDICAL
     6  EMERGENCY, ANY PERSON WHO INTENDS TO PERFORM AN ABORTION AFTER
     7  HE HAS DETERMINED AN UNBORN CHILD TO BE VIABLE, THE METHOD
     8  CHOSEN FOR WHICH ABORTION, IN HIS GOOD FAITH JUDGMENT, DOES NOT
     9  PRECLUDE THE POSSIBILITY OF THE CHILD SURVIVING THE ABORTION,
    10  SHALL ARRANGE FOR THE ATTENDANCE, IN THE SAME ROOM IN WHICH THE
    11  ABORTION IS TO BE COMPLETED, OF A SECOND PHYSICIAN. IMMEDIATELY
    12  AFTER THE COMPLETE EXPULSION OR EXTRACTION OF THE CHILD, THE
    13  SECOND PHYSICIAN SHALL TAKE CONTROL OF THE CHILD AND SHALL
    14  PROVIDE IMMEDIATE MEDICAL CARE FOR THE CHILD, TAKING ALL
    15  REASONABLE STEPS NECESSARY, IN HIS JUDGMENT, TO PRESERVE THE
    16  CHILD'S LIFE AND HEALTH. ANY PERSON WHO INTENTIONALLY, KNOWINGLY
    17  OR RECKLESSLY VIOLATES THE PROVISIONS OF THIS SUBSECTION COMMITS
    18  A FELONY OF THE THIRD DEGREE.
    19  § 3211.  VIABILITY.
    20     (A)  DETERMINATION OF VIABILITY.--[PRIOR] EXCEPT IN THE CASE
    21  OF A MEDICAL EMERGENCY, PRIOR TO PERFORMING ANY ABORTION UPON A
    22  WOMAN SUBSEQUENT TO HER FIRST [TRIMESTER] 19 WEEKS OF PREGNANCY,
    23  THE PHYSICIAN SHALL DETERMINE WHETHER, IN HIS GOOD FAITH
    24  JUDGMENT, THE CHILD IS VIABLE. WHEN [A] THE PHYSICIAN HAS
    25  DETERMINED THAT A CHILD IS VIABLE, HE SHALL, PURSUANT TO SECTION
    26  3214(A) (RELATING TO REPORTING), REPORT THE BASIS FOR HIS
    27  DETERMINATION THAT THE ABORTION IS NECESSARY TO PRESERVE
    28  MATERNAL LIFE OR HEALTH. WHEN [A] THE PHYSICIAN HAS DETERMINED
    29  THAT A CHILD IS NOT VIABLE AFTER THE FIRST 19 WEEKS OF
    30  PREGNANCY, HE SHALL REPORT THE BASIS FOR SUCH DETERMINATION
    19870H1130B2546                 - 27 -

     1  PURSUANT TO SECTION 3214(A).
     2     (B)  UNPROFESSIONAL CONDUCT.--FAILURE OF ANY PHYSICIAN TO
     3  CONFORM TO ANY REQUIREMENT OF THIS SECTION CONSTITUTES
     4  "UNPROFESSIONAL CONDUCT" WITHIN THE MEANING OF THE ACT OF [JULY
     5  20, 1974 (P.L.551, NO.190), KNOWN AS THE "MEDICAL PRACTICE ACT
     6  OF 1974."] OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN AS THE
     7  OSTEOPATHIC MEDICAL PRACTICE ACT, THE ACT OF DECEMBER 20, 1985
     8  (P.L.457, NO.112), KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR
     9  THEIR SUCCESSOR ACTS. UPON A FINDING BY THE STATE BOARD OF
    10  [MEDICAL EDUCATION AND LICENSURE] MEDICINE OR THE STATE BOARD OF
    11  OSTEOPATHIC MEDICINE THAT ANY PHYSICIAN HAS FAILED TO CONFORM TO
    12  ANY REQUIREMENT OF THIS SECTION, THE BOARD SHALL NOT FAIL TO
    13  SUSPEND THAT PHYSICIAN'S LICENSE FOR A PERIOD OF AT LEAST THREE
    14  MONTHS. INTENTIONAL, KNOWING OR RECKLESS FALSIFICATION OF ANY
    15  REPORT REQUIRED UNDER THIS SECTION IS A MISDEMEANOR OF THE THIRD
    16  DEGREE.
    17  § 3213.  PROHIBITED ACTS.
    18     * * *
    19     (C)  REGULATIONS.--THE DEPARTMENT SHALL ISSUE REGULATIONS TO
    20  ASSURE THAT PRIOR TO THE PERFORMANCE OF ANY ABORTION, INCLUDING
    21  ABORTIONS PERFORMED IN THE FIRST TRIMESTER OF PREGNANCY, THE
    22  MATERNAL RH STATUS SHALL BE DETERMINED AND THAT ANTI-RH
    23  SENSITIZATION PROPHYLAXIS SHALL BE PROVIDED TO EACH PATIENT AT
    24  RISK OF SENSITIZATION UNLESS THE PATIENT REFUSES TO ACCEPT THE
    25  TREATMENT. EXCEPT WHEN THERE EXISTS A MEDICAL EMERGENCY OR, IN
    26  THE JUDGMENT OF THE PHYSICIAN, THERE EXISTS NO POSSIBILITY OF RH
    27  SENSITIZATION, THE INTENTIONAL, KNOWING, OR RECKLESS FAILURE TO
    28  CONFORM TO THE REGULATIONS ISSUED PURSUANT TO THIS SUBSECTION
    29  CONSTITUTES "UNPROFESSIONAL CONDUCT" AND HIS LICENSE FOR THE
    30  PRACTICE OF MEDICINE AND SURGERY SHALL BE SUBJECT TO SUSPENSION
    19870H1130B2546                 - 28 -

     1  OR REVOCATION IN ACCORDANCE WITH PROCEDURES PROVIDED UNDER THE
     2  ACT OF [JULY 20, 1974 (P.L.551, NO.190), KNOWN AS THE "MEDICAL
     3  PRACTICE ACT OF 1974."] OCTOBER 5, 1978 (P.L.1109, NO.261),
     4  KNOWN AS THE OSTEOPATHIC MEDICAL PRACTICE ACT, THE ACT OF
     5  DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL
     6  PRACTICE ACT OF 1985, OR THEIR SUCCESSOR ACTS.
     7     * * *
     8  § 3214.  REPORTING.
     9     (A)  GENERAL RULE.--A REPORT OF EACH ABORTION PERFORMED SHALL
    10  BE MADE TO THE DEPARTMENT ON FORMS PRESCRIBED BY IT. THE REPORT
    11  FORMS SHALL NOT IDENTIFY THE INDIVIDUAL PATIENT BY NAME AND
    12  SHALL INCLUDE THE FOLLOWING INFORMATION:
    13         (1)  IDENTIFICATION OF THE PHYSICIAN WHO PERFORMED THE
    14     ABORTION AND THE FACILITY WHERE THE ABORTION WAS PERFORMED
    15     AND OF THE REFERRING PHYSICIAN, AGENCY OR SERVICE, IF ANY.
    16         (2)  THE [POLITICAL SUBDIVISION] COUNTY AND STATE IN
    17     WHICH THE WOMAN RESIDES.
    18         (3)  THE WOMAN'S AGE[, RACE] AND MARITAL STATUS.
    19         (4)  THE NUMBER OF PRIOR PREGNANCIES.
    20         (5)  THE DATE OF THE WOMAN'S LAST MENSTRUAL PERIOD AND
    21     THE PROBABLE GESTATIONAL AGE OF THE UNBORN CHILD.
    22         (6)  THE TYPE OF PROCEDURE PERFORMED OR PRESCRIBED AND
    23     THE DATE OF THE ABORTION.
    24         (7)  COMPLICATIONS, IF ANY, INCLUDING BUT NOT LIMITED TO,
    25     RUBELLA DISEASE, HYDATID MOLE, ENDOCERVICAL POLYP AND
    26     MALIGNANCIES.
    27         (8)  THE INFORMATION REQUIRED TO BE REPORTED UNDER
    28     SECTION 3211(A) (RELATING TO VIABILITY).
    29         (9)  THE LENGTH AND WEIGHT OF THE ABORTED UNBORN CHILD
    30     WHEN MEASURABLE.
    19870H1130B2546                 - 29 -

     1         (10)  BASIS FOR ANY MEDICAL JUDGMENT THAT A MEDICAL
     2     EMERGENCY EXISTED AS REQUIRED BY ANY PART OF THIS CHAPTER.
     3         (11)  THE DATE OF THE MEDICAL CONSULTATION REQUIRED BY
     4     SECTION 3204(B) (RELATING TO MEDICAL CONSULTATION AND
     5     JUDGMENT).
     6         (12)  THE DATE ON WHICH ANY DETERMINATION OF PREGNANCY
     7     WAS MADE.
     8         (13)  THE INFORMATION REQUIRED TO BE REPORTED UNDER
     9     SECTION 3210(B) (RELATING TO ABORTION AFTER VIABILITY).
    10         (14)  WHETHER THE ABORTION WAS PAID FOR BY THE PATIENT,
    11     BY MEDICAL ASSISTANCE, OR BY MEDICAL INSURANCE COVERAGE.
    12     * * *
    13     (E)  STATISTICAL REPORTS; PUBLIC AVAILABILITY OF REPORTS.--
    14         (1)  THE DEPARTMENT SHALL PREPARE [AN] A COMPREHENSIVE
    15     ANNUAL STATISTICAL REPORT FOR THE GENERAL ASSEMBLY BASED UPON
    16     THE DATA GATHERED UNDER [SUBSECTION] SUBSECTIONS (A) AND (H).
    17     SUCH REPORT SHALL NOT LEAD TO THE DISCLOSURE OF THE IDENTITY
    18     OF ANY PERSON FILING A REPORT OR ABOUT WHOM A REPORT IS
    19     FILED, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND
    20     COPYING.
    21         (2)  REPORTS FILED PURSUANT TO SUBSECTION (A) OR (H)
    22     SHALL NOT BE DEEMED PUBLIC RECORDS WITHIN THE MEANING OF THAT
    23     TERM AS DEFINED BY THE ACT OF JUNE 21, 1957 (P.L.390,
    24     NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW, [BUT] AND
    25     SHALL NOT BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING
    26     [WITHIN 15 DAYS OF RECEIPT IN A FORM WHICH WILL NOT LEAD TO
    27     THE DISCLOSURE OF THE IDENTITY OF ANY PERSON FILING A REPORT.
    28     ON THOSE REPORTS AVAILABLE FOR PUBLIC INSPECTION AND COPYING,
    29     THE DEPARTMENT SHALL SUBSTITUTE FOR THE NAME OF ANY PHYSICIAN
    30     WHICH APPEARS ON THE REPORT, A UNIQUE IDENTIFYING NUMBER. THE
    19870H1130B2546                 - 30 -

     1     IDENTITY OF THE PHYSICIAN SHALL CONSTITUTE A CONFIDENTIAL
     2     RECORD OF THE DEPARTMENT. THE DEPARTMENT MAY SET A REASONABLE
     3     PER COPY FEE TO COVER THE COST OF MAKING ANY COPIES
     4     AUTHORIZED HEREUNDER].
     5         (3)  ORIGINAL COPIES OF ALL REPORTS FILED UNDER
     6     [SUBSECTION (A)] SUBSECTIONS (A), (F) AND (H) SHALL BE
     7     AVAILABLE TO THE STATE BOARD OF [MEDICAL EDUCATION AND
     8     LICENSURE] MEDICINE, THE STATE BOARD OF OSTEOPATHIC MEDICINE,
     9     AND TO LAW ENFORCEMENT OFFICIALS, FOR USE IN THE PERFORMANCE
    10     OF THEIR OFFICIAL DUTIES.
    11         (4)  ANY PERSON WHO WILLFULLY DISCLOSES ANY INFORMATION
    12     OBTAINED FROM REPORTS FILED PURSUANT TO SUBSECTION (A) OR
    13     (H), OTHER THAN THAT DISCLOSURE AUTHORIZED UNDER PARAGRAPH
    14     (1), (2) OR (3) HEREOF OR AS OTHERWISE AUTHORIZED BY LAW,
    15     SHALL COMMIT A MISDEMEANOR OF THE THIRD DEGREE.
    16     (F)  REPORT BY FACILITY.--EVERY FACILITY IN WHICH AN ABORTION
    17  IS PERFORMED WITHIN THIS COMMONWEALTH DURING ANY QUARTER YEAR
    18  SHALL FILE WITH THE DEPARTMENT A REPORT SHOWING THE TOTAL NUMBER
    19  OF ABORTIONS PERFORMED WITHIN THE HOSPITAL OR OTHER FACILITY
    20  DURING THAT QUARTER YEAR. THIS REPORT SHALL ALSO SHOW THE TOTAL
    21  ABORTIONS PERFORMED IN EACH TRIMESTER OF PREGNANCY. [THESE
    22  REPORTS] ANY REPORT SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND
    23  COPYING ONLY IF THE FACILITY RECEIVES STATE APPROPRIATED FUNDS
    24  WITHIN THE 12-CALENDAR-MONTH PERIOD IMMEDIATELY PRECEDING THE
    25  FILING OF THE REPORT. THESE REPORTS SHALL BE SUBMITTED ON A FORM
    26  PRESCRIBED BY THE DEPARTMENT WHICH WILL ENABLE A FACILITY TO
    27  INDICATE WHETHER OR NOT IT IS RECEIVING STATE APPROPRIATED
    28  FUNDS. IF THE FACILITY INDICATES ON THE FORM THAT IT IS NOT
    29  RECEIVING STATE APPROPRIATED FUNDS, THE DEPARTMENT SHALL REGARD
    30  ITS REPORT AS CONFIDENTIAL UNLESS IT RECEIVES OTHER EVIDENCE
    19870H1130B2546                 - 31 -

     1  WHICH CAUSES IT TO CONCLUDE THAT THE FACILITY RECEIVES STATE
     2  APPROPRIATED FUNDS.
     3     * * *
     4     (H)  REPORT OF COMPLICATIONS.--EVERY PHYSICIAN WHO IS CALLED
     5  UPON TO PROVIDE MEDICAL CARE OR TREATMENT TO A WOMAN WHO IS IN
     6  NEED OF MEDICAL CARE BECAUSE OF A COMPLICATION OR COMPLICATIONS
     7  RESULTING, IN THE GOOD FAITH JUDGMENT OF THE PHYSICIAN, FROM
     8  HAVING UNDERGONE AN ABORTION OR ATTEMPTED ABORTION SHALL PREPARE
     9  A REPORT THEREOF AND FILE THE REPORT WITH THE DEPARTMENT WITHIN
    10  30 DAYS OF THE DATE OF HIS FIRST EXAMINATION OF THE WOMAN, WHICH
    11  REPORT [SHALL BE OPEN TO PUBLIC INSPECTION AND COPYING AND]
    12  SHALL BE ON FORMS PRESCRIBED BY THE DEPARTMENT, WHICH FORMS
    13  SHALL CONTAIN THE FOLLOWING INFORMATION, AS RECEIVED, AND SUCH
    14  OTHER INFORMATION EXCEPT THE NAME OF THE PATIENT AS THE
    15  DEPARTMENT MAY FROM TIME TO TIME REQUIRE:
    16         (1)  AGE OF PATIENT.
    17         (2)  NUMBER OF PREGNANCIES PATIENT MAY HAVE HAD PRIOR TO
    18     THE ABORTION.
    19         (3)  NUMBER AND TYPE OF ABORTIONS PATIENT MAY HAVE HAD
    20     PRIOR TO THIS ABORTION.
    21         (4)  NAME AND ADDRESS OF THE FACILITY WHERE THE ABORTION
    22     WAS PERFORMED.
    23         (5)  GESTATIONAL AGE OF THE UNBORN CHILD AT THE TIME OF
    24     THE ABORTION, IF KNOWN.
    25         (6)  TYPE OF ABORTION PERFORMED, IF KNOWN.
    26         (7)  NATURE OF COMPLICATION OR COMPLICATIONS.
    27         (8)  MEDICAL TREATMENT GIVEN.
    28         (9)  THE NATURE AND EXTENT, IF KNOWN, OF ANY PERMANENT
    29     CONDITION CAUSED BY THE COMPLICATION.
    30     (I)  PENALTIES.--
    19870H1130B2546                 - 32 -

     1         (1)  ANY PERSON REQUIRED UNDER THIS SECTION TO FILE A
     2     REPORT, KEEP ANY RECORDS OR SUPPLY ANY INFORMATION, WHO
     3     WILLFULLY FAILS TO FILE SUCH REPORT, KEEP SUCH RECORDS OR
     4     SUPPLY SUCH INFORMATION AT THE TIME OR TIMES REQUIRED BY LAW
     5     OR REGULATION IS GUILTY OF "UNPROFESSIONAL CONDUCT" AND HIS
     6     LICENSE FOR THE PRACTICE OF MEDICINE AND SURGERY SHALL BE
     7     SUBJECT TO SUSPENSION OR REVOCATION IN ACCORDANCE WITH
     8     PROCEDURES PROVIDED UNDER THE ACT OF [JULY 20, 1974 (P.L.551,
     9     NO.190), KNOWN AS THE "MEDICAL PRACTICE ACT OF 1974."]
    10     OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC
    11     MEDICAL PRACTICE ACT, THE ACT OF DECEMBER 20, 1985 (P.L.457,
    12     NO.112), KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR THEIR
    13     SUCCESSOR ACTS.
    14         (2)  ANY PERSON WHO WILLFULLY DELIVERS OR DISCLOSES TO
    15     THE DEPARTMENT ANY REPORT, RECORD OR INFORMATION KNOWN BY HIM
    16     TO BE FALSE COMMITS A MISDEMEANOR OF THE FIRST DEGREE.
    17         (3)  IN ADDITION TO THE ABOVE PENALTIES, ANY PERSON,
    18     ORGANIZATION OR FACILITY WHO WILLFULLY VIOLATES ANY OF THE
    19     PROVISIONS OF THIS SECTION REQUIRING REPORTING SHALL UPON
    20     CONVICTION THEREOF:
    21             (I)  FOR THE FIRST TIME, HAVE ITS LICENSE SUSPENDED
    22         FOR A PERIOD OF SIX MONTHS.
    23             (II)  FOR THE SECOND TIME, HAVE ITS LICENSE SUSPENDED
    24         FOR A PERIOD OF ONE YEAR.
    25             (III)  FOR THE THIRD TIME, HAVE ITS LICENSE REVOKED.
    26     SECTION 6.  SECTION 3215(C) AND (E) OF TITLE 18 ARE AMENDED
    27  AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
    28  § 3215.  PUBLICLY OWNED FACILITIES; PUBLIC OFFICIALS AND PUBLIC
    29         FUNDS.
    30     * * *
    19870H1130B2546                 - 33 -

     1     (C)  PUBLIC FUNDS.--NO COMMONWEALTH FUNDS AND NO FEDERAL
     2  FUNDS WHICH ARE APPROPRIATED BY THE COMMONWEALTH SHALL BE
     3  EXPENDED BY ANY STATE OR LOCAL GOVERNMENT AGENCY FOR THE
     4  PERFORMANCE OF ABORTION, EXCEPT:
     5         (1)  WHEN ABORTION IS NECESSARY TO AVERT THE DEATH OF THE
     6     MOTHER ON CERTIFICATION BY A PHYSICIAN. WHEN SUCH PHYSICIAN
     7     WILL PERFORM THE ABORTION OR HAS A PECUNIARY OR PROPRIETARY
     8     INTEREST IN THE ABORTION THERE SHALL BE A SEPARATE
     9     CERTIFICATION FROM A PHYSICIAN WHO HAS NO SUCH INTEREST.
    10         (2)  WHEN ABORTION IS PERFORMED IN THE CASE OF PREGNANCY
    11     CAUSED BY RAPE WHICH, PRIOR TO THE PERFORMANCE OF THE
    12     ABORTION, HAS BEEN REPORTED [WITHIN 72 HOURS OF THE RAPE],
    13     TOGETHER WITH THE IDENTITY OF THE OFFENDER, IF KNOWN, TO A
    14     LAW ENFORCEMENT AGENCY HAVING THE REQUISITE JURISDICTION AND
    15     HAS BEEN PERSONALLY REPORTED BY THE VICTIM [OR HER AGENT].
    16         (3)  WHEN ABORTION IS PERFORMED IN THE CASE OF PREGNANCY
    17     CAUSED BY INCEST WHICH, PRIOR TO THE PERFORMANCE OF THE
    18     ABORTION, HAS BEEN PERSONALLY REPORTED BY THE VICTIM TO A LAW
    19     ENFORCEMENT AGENCY HAVING THE REQUISITE JURISDICTION, OR, IN
    20     THE CASE OF A MINOR, TO THE COUNTY CHILD PROTECTIVE SERVICE
    21     AGENCY [WITHIN 72 HOURS FROM THE DATE WHEN THE FEMALE FIRST
    22     LEARNS SHE IS PREGNANT] AND [SHE HAS NAMED] THE OTHER PARTY
    23     TO THE INCESTUOUS ACT HAS BEEN NAMED IN SUCH REPORT. [SUCH
    24     INFORMATION SHALL BE TURNED OVER BY THE DEPARTMENT TO A LAW
    25     ENFORCEMENT AGENCY.]
    26     * * *
    27     (E)  INSURANCE POLICIES.--ALL INSURERS WHO MAKE AVAILABLE
    28  HEALTH CARE AND DISABILITY INSURANCE POLICIES IN THIS
    29  COMMONWEALTH SHALL MAKE AVAILABLE SUCH POLICIES WHICH CONTAIN AN
    30  EXPRESS EXCLUSION OF COVERAGE FOR ABORTION SERVICES NOT
    19870H1130B2546                 - 34 -

     1  NECESSARY TO AVERT THE DEATH OF THE WOMAN OR TO TERMINATE
     2  PREGNANCIES CAUSED BY RAPE OR INCEST. [ANY SUCH POLICY SHALL
     3  CONTAIN A PREMIUM WHICH IS LOWER THAN THAT WHICH IS CONTAINED IN
     4  POLICIES OFFERING ADDITIONAL ABORTION COVERAGE.]
     5     * * *
     6     (I)  PUBLIC FUNDS FOR LEGAL SERVICES.--NO COMMONWEALTH FUNDS
     7  OR FEDERAL FUNDS WHICH ARE APPROPRIATED BY THE COMMONWEALTH FOR
     8  THE PROVISION OF LEGAL SERVICES BY PRIVATE AGENCIES, AND NO
     9  FUNDS GENERATED BY COLLECTION OF INTEREST ON LAWYERS' TRUST
    10  ACCOUNTS, MAY BE USED, DIRECTLY OR INDIRECTLY, TO:
    11         (1)  ADVOCATE THE FREEDOM TO CHOOSE ABORTION OR THE
    12     PROHIBITION OF ABORTION.
    13         (2)  PROVIDE LEGAL ASSISTANCE WITH RESPECT TO ANY
    14     PROCEEDING OR LITIGATION WHICH SEEKS TO PROCURE OR PREVENT
    15     ANY ABORTION OR TO PROCURE OR PREVENT PUBLIC FUNDING FOR ANY
    16     ABORTION.
    17         (3)  PROVIDE LEGAL ASSISTANCE WITH RESPECT TO ANY
    18     PROCEEDING OR LITIGATION WHICH SEEKS TO COMPEL OR PREVENT THE
    19     PERFORMANCE OR ASSISTANCE IN THE PERFORMANCE OF ANY ABORTION,
    20     OR THE PROVISION OF FACILITIES FOR THE PERFORMANCE OF ANY
    21     ABORTION.
    22  NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO REQUIRE OR
    23  PREVENT THE EXPENDITURE OF FUNDS PURSUANT TO A COURT ORDER
    24  AWARDING FEES FOR ATTORNEY'S SERVICES UNDER THE CIVIL RIGHTS
    25  ATTORNEY'S FEES AWARDS ACT OF 1976 (PUBLIC LAW 94-559, 90 STAT.
    26  264).
    27     (J)  REQUIRED STATEMENTS.--NO COMMONWEALTH AGENCY SHALL MAKE
    28  ANY PAYMENT FROM COMMONWEALTH FUNDS OR ANY FEDERAL FUNDS
    29  APPROPRIATED BY THE COMMONWEALTH FOR THE PERFORMANCE OF ANY
    30  ABORTION PURSUANT TO SUBSECTION (C)(2) OR (3) UNLESS THE
    19870H1130B2546                 - 35 -

     1  COMMONWEALTH AGENCY FIRST:
     2         (1)  RECEIVES FROM THE PHYSICIAN OR FACILITY SEEKING
     3     PAYMENT A STATEMENT SIGNED BY THE PHYSICIAN PERFORMING THE
     4     ABORTION STATING THAT, PRIOR TO PERFORMING THE ABORTION, HE
     5     OBTAINED A NON-NOTARIZED, SIGNED STATEMENT FROM THE PREGNANT
     6     WOMAN STATING THAT SHE WAS A VICTIM OF RAPE OR INCEST, AS THE
     7     CASE MAY BE, AND THAT SHE REPORTED THE CRIME, INCLUDING THE
     8     IDENTITY OF THE OFFENDER, IF KNOWN, TO A LAW ENFORCEMENT
     9     AGENCY HAVING THE REQUISITE JURISDICTION OR, IN THE CASE OF
    10     INCEST WHERE A PREGNANT MINOR IS THE VICTIM, TO THE COUNTY
    11     CHILD PROTECTIVE SERVICE AGENCY AND STATING THE NAME OF THE
    12     LAW ENFORCEMENT AGENCY OR CHILD PROTECTIVE SERVICE AGENCY TO
    13     WHICH THE REPORT WAS MADE AND THE DATE SUCH REPORT WAS MADE;
    14     AND
    15         (2)  RECEIVES FROM THE PHYSICIAN OR FACILITY SEEKING
    16     PAYMENT, THE SIGNED STATEMENT OF THE PREGNANT WOMAN WHICH IS
    17     DESCRIBED IN PARAGRAPH (1). THE STATEMENT SHALL BEAR THE
    18     NOTICE THAT ANY FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE
    19     BY LAW AND SHALL STATE THAT THE PREGNANT WOMAN IS AWARE THAT
    20     FALSE REPORTS TO LAW ENFORCEMENT AUTHORITIES ARE PUNISHABLE
    21     BY LAW; AND
    22         (3)  VERIFIES WITH THE LAW ENFORCEMENT AGENCY OR CHILD
    23     PROTECTIVE AGENCY NAMED IN THE STATEMENT OF THE PREGNANT
    24     WOMAN WHETHER A REPORT OF RAPE OR INCEST WAS FILED WITH THE
    25     AGENCY IN ACCORDANCE WITH THE STATEMENT.
    26  THE COMMONWEALTH AGENCY SHALL REPORT ANY EVIDENCE OF FALSE
    27  STATEMENTS, OF FALSE REPORTS TO LAW ENFORCEMENT AUTHORITIES OR
    28  OF FRAUD IN THE PROCUREMENT OR ATTEMPTED PROCUREMENT OF ANY
    29  PAYMENT FROM COMMONWEALTH FUNDS OR FEDERAL FUNDS APPROPRIATED BY
    30  THE COMMONWEALTH PURSUANT TO THIS SECTION TO THE DISTRICT
    19870H1130B2546                 - 36 -

     1  ATTORNEY OF APPROPRIATE JURISDICTION AND, WHERE APPROPRIATE, TO
     2  THE ATTORNEY GENERAL.
     3     SECTION 7.  SECTIONS 3217, 3218 AND 3219 HEADING AND (A) OF
     4  TITLE 18 ARE AMENDED TO READ:
     5  § 3217.  CIVIL PENALTIES.
     6     ANY PHYSICIAN WHO KNOWINGLY VIOLATES ANY OF THE PROVISIONS OF
     7  SECTION 3204 (RELATING TO MEDICAL CONSULTATION AND JUDGMENT) OR
     8  3205 (RELATING TO INFORMED CONSENT) SHALL, IN ADDITION TO ANY
     9  OTHER PENALTY PRESCRIBED IN THIS CHAPTER, BE CIVILLY LIABLE TO
    10  HIS PATIENT FOR ANY DAMAGES CAUSED THEREBY AND, IN ADDITION,
    11  SHALL BE LIABLE TO HIS PATIENT FOR PUNITIVE DAMAGES IN THE
    12  AMOUNT OF [$1,000] $5,000.
    13  § 3218.  CRIMINAL PENALTIES.
    14     (A)  APPLICATION OF CHAPTER.--NOTWITHSTANDING ANY OTHER
    15  PROVISION OF THIS CHAPTER, NO CRIMINAL PENALTY SHALL APPLY TO A
    16  WOMAN WHO VIOLATES ANY PROVISION OF THIS CHAPTER SOLELY IN ORDER
    17  TO PERFORM OR INDUCE OR ATTEMPT TO PERFORM OR INDUCE AN ABORTION
    18  UPON HERSELF.
    19     (B)  FALSE STATEMENT, ETC.--A PERSON COMMITS A MISDEMEANOR OF
    20  THE SECOND DEGREE IF, WITH INTENT TO MISLEAD A PUBLIC SERVANT IN
    21  PERFORMING HIS OFFICIAL FUNCTION UNDER THIS CHAPTER, SUCH
    22  PERSON:
    23         (1)  MAKES ANY WRITTEN FALSE STATEMENT WHICH HE DOES NOT
    24     BELIEVE TO BE TRUE; OR
    25         (2)  SUBMITS OR INVITES RELIANCE ON ANY WRITING WHICH HE
    26     KNOWS TO BE FORGED, ALTERED OR OTHERWISE LACKING IN
    27     AUTHENTICITY.
    28     (C)  STATEMENTS "UNDER PENALTY".--A PERSON COMMITS A
    29  MISDEMEANOR OF THE THIRD DEGREE IF SUCH PERSON MAKES A WRITTEN
    30  FALSE STATEMENT WHICH SUCH PERSON DOES NOT BELIEVE TO BE TRUE ON
    19870H1130B2546                 - 37 -

     1  A STATEMENT SUBMITTED AS REQUIRED UNDER THIS CHAPTER, BEARING
     2  NOTICE TO THE EFFECT THAT FALSE STATEMENTS MADE THEREIN ARE
     3  PUNISHABLE.
     4     (D)  PERJURY PROVISIONS APPLICABLE.--SECTION 4902(C) THROUGH
     5  (F) (RELATING TO PERJURY) APPLY TO SUBSECTION (B) AND (C).
     6  § 3219.  STATE BOARD OF [MEDICAL EDUCATION AND LICENSURE]
     7             MEDICINE; STATE BOARD OF OSTEOPATHIC MEDICINE.
     8     (A)  ENFORCEMENT.--IT SHALL BE THE DUTY OF THE STATE BOARD OF
     9  [MEDICAL EDUCATION AND LICENSURE] MEDICINE AND THE STATE BOARD
    10  OF OSTEOPATHIC MEDICINE TO VIGOROUSLY ENFORCE THOSE PROVISIONS
    11  OF THIS CHAPTER, VIOLATION OF WHICH CONSTITUTES "UNPROFESSIONAL
    12  CONDUCT" WITHIN THE MEANING OF THE ACT OF [JULY 20, 1974
    13  (P.L.551, NO.190), KNOWN AS THE "MEDICAL PRACTICE ACT OF 1974."
    14  THE] OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN AS THE
    15  OSTEOPATHIC MEDICAL PRACTICE ACT, THE ACT OF DECEMBER 20, 1985
    16  (P.L.457, NO.112), KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR
    17  THEIR SUCCESSOR ACTS. EACH BOARD SHALL HAVE THE POWER TO
    18  CONDUCT, AND ITS RESPONSIBILITIES SHALL INCLUDE, SYSTEMATIC
    19  REVIEW OF ALL REPORTS FILED UNDER THIS CHAPTER.
    20     * * *
    21     Section 3 8.  Section 4906 of Title 18 is amended to read:     <--
    22  § 4906.  False reports to law enforcement authorities.
    23     (a)  Falsely incriminating another.--A person who knowingly
    24  gives false information to any law enforcement officer with
    25  intent to implicate another commits a misdemeanor of the [second
    26  degree] first degree.
    27     (b)  Fictitious reports.--A person commits a misdemeanor of
    28  the [third degree] first degree if he:
    29         (1)  reports to law enforcement authorities an offense or
    30     other incident within their concern knowing that it did not
    19870H1130B2546                 - 38 -

     1     occur; or
     2         (2)  pretends to furnish such authorities with
     3     information relating to an offense or incident when he knows
     4     he has no information relating to such offense or incident.
     5     Section 4 9.  Any sentencing guidelines adopted by the         <--
     6  Pennsylvania Commission on Sentencing and disapproved by the
     7  General Assembly prior to the effective date of this act shall
     8  be deemed null and void upon the adoption of sentencing
     9  guidelines subsequent to the effective date of this act and
    10  pursuant to this section of this act. Notwithstanding the
    11  requirements set forth in 18 Pa.C.S. § 1385 (relating to
    12  publication of guidelines for sentencing), those guidelines next
    13  adopted by the commission shall be published in the Pennsylvania
    14  Bulletin within 20 days of the effective date of this act; and
    15  the General Assembly shall take any action permitted pursuant to
    16  18 Pa.C.S. § 1385(b) within 30 days from the date that the
    17  guidelines are published in the Pennsylvania Bulletin, and said
    18  guidelines shall become effective 30 days after publication in
    19  the Pennsylvania Bulletin unless disapproved pursuant to this
    20  section. The guidelines shall apply to all offenses committed on
    21  or after the effective date of the adopted guidelines.
    22     SECTION 10.  THE PROVISIONS OF THIS ACT SHALL BE SEVERABLE.    <--
    23  IF ANY PROVISION OF THIS ACT, OR THE APPLICATION THEREOF TO ANY
    24  PERSON OR CIRCUMSTANCE, IS HELD INVALID, THE REMAINDER OF THIS
    25  ACT, AND THE APPLICATION OF ANY PROVISION HEREOF TO ANY OTHER
    26  PERSONS OR CIRCUMSTANCES, SHALL NOT BE AFFECTED THEREBY.
    27     Section 5 11.  The following acts and parts of acts are        <--
    28  repealed:
    29     42 Pa.C.S. Ch. 21 Subch. F (relating to Pennsylvania
    30  Commission on Sentencing).
    19870H1130B2546                 - 39 -

     1     As much of the second sentence of 42 Pa.C.S. 9721(b) as reads
     2  as follows: ". . . and taking effect pursuant to section 2155
     3  (relating to publication of guidelines for sentencing) . . ."
     4     As much of the fourth sentence of 42 Pa.C.S. 9721(b) as reads
     5  as follows: ". . . pursuant to section 2154 (relating to
     6  adoption of guidelines for sentencing) and made effective
     7  pursuant to section 2155 . . ."
     8     Section 6 12.  This act shall take effect as follows:          <--
     9         (1)  Section 3 (relating to section 4906) shall take       <--
    10     effect in 60 days.
    11         (2)  The remainder of this act shall take effect
    12     immediately.
    13         (1)  THE AMENDMENTS TO CHAPTER 32 AND SECTION 4906 OF      <--
    14     TITLE 18 SHALL TAKE EFFECT IN 60 DAYS.
    15         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
    16     IMMEDIATELY.










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