HOUSE AMENDED PRIOR PRINTER'S NOS. 1278, 2352, 2356, PRINTER'S NO. 2546 2373
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. A13L18JAM/19870H1130B2546 - 40 -