Regular Session 2015-2016 House Bill 1948 P.N. 3056

PRINTER'S NO. 3056

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1948

Session of

2015

INTRODUCED BY RAPP, BARBIN, CUTLER, SNYDER, REED, TURZAI, MAJOR,

KAVULICH, BAKER, KAUFFMAN, OBERLANDER, BENNINGHOFF, GREINER,

SACCONE, WARD, TALLMAN, STEPHENS, McGINNIS, ROAE, DUSH,

METZGAR, WENTLING, ORTITAY, TOPPER, B. MILLER, SCHEMEL, COX,

PETRARCA, MAHONEY, HARHAI, BURNS, SONNEY, KNOWLES, D. PARKER,

GABLER, EVERETT, KLUNK, LEWIS, SANKEY, WARNER, CAUSER,

STAATS, METCALFE, REESE, ZIMMERMAN, PICKETT, MARSHALL,

GINGRICH, PAYNE, LAWRENCE, SAYLOR, DUNBAR, FEE, MAHER,

EMRICK, PEIFER, READSHAW, CHRISTIANA, MALONEY, F. KELLER,

NESBIT, DIAMOND, QUIGLEY, MUSTIO, BOBACK, BLOOM, HELM,

JOZWIAK, GILLEN, HARPER, PHILLIPS-HILL, IRVIN, DAY,

HENNESSEY, GROVE, MARSICO, TOOHIL, RADER, JAMES, HICKERNELL,

EVANKOVICH, TOBASH, GIBBONS, HAHN, PYLE, WATSON, KORTZ, MOUL,

A. HARRIS, MURT, ROTHMAN, MICCARELLI, SANTORA, REGAN, ELLIS,

VEREB, KILLION, WHEELAND, KOTIK, BARRAR AND M. K. KELLER,

APRIL 1, 2016

REFERRED TO COMMITTEE ON HEALTH, APRIL 1, 2016

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in abortion, further providing for

definitions and for medical consultation and judgment,

repealing provisions related to spousal notice, further

providing for the offense of abortion of unborn child of 24

or more weeks gestational age, providing for dismemberment

abortion ban and further providing for reporting.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3203 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 3203. Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Dismemberment abortion." The act of knowingly and

purposefully causing the death of an unborn child by means of

dismembering the unborn child and extracting the unborn child

one piece at a time from the uterus through the use of clamps,

grasping forceps, tongs, scissors or similar instruments. The

term does not include an abortion which is exclusively performed

through suction curettage.

* * *

Section 2. Section 3204(b) of Title 18 is amended to read:

§ 3204. Medical consultation and judgment.

* * *

(b) Requirements.--Except in a medical emergency where there

is insufficient time before the abortion is performed, the woman

upon whom the abortion is to be performed shall have a private,

in-person medical consultation either with the physician who is

to perform the abortion or with the referring physician. The

consultation will be in a place, at a time and of a duration

reasonably sufficient to enable the physician to determine

whether, based on his best clinical judgment, the abortion is

necessary.

* * *

Section 3. Section 3209 of Title 18 is repealed:

[§ 3209. Spousal notice.

(a) Spousal notice required.--In order to further the

Commonwealth's interest in promoting the integrity of the

marital relationship and to protect a spouse's interests in

having children within marriage and in protecting the prenatal

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life of that spouse's child, no physician shall perform an

abortion on a married woman, except as provided in subsections

(b) and (c), unless he or she has received a signed statement,

which need not be notarized, from the woman upon whom the

abortion is to be performed, that she has notified her spouse

that she is about to undergo an abortion. The statement shall

bear a notice that any false statement made therein is

punishable by law.

(b) Exceptions.--The statement certifying that the notice

required by subsection (a) has been given need not be furnished

where the woman provides the physician a signed statement

certifying at least one of the following:

(1) Her spouse is not the father of the child.

(2) Her spouse, after diligent effort, could not be

located.

(3) The pregnancy is a result of spousal sexual assault

as described in section 3128 (relating to spousal sexual

assault), which has been reported to a law enforcement agency

having the requisite jurisdiction.

(4) The woman has reason to believe that the furnishing

of notice to her spouse is likely to result in the infliction

of bodily injury upon her by her spouse or by another

individual.

Such statement need not be notarized, but shall bear a notice

that any false statements made therein are punishable by law.

shall not apply in case of a medical emergency.

(d) Forms.--The department shall cause to be published forms

which may be utilized for purposes of providing the signed

statements required by subsections (a) and (b). The department

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shall distribute an adequate supply of such forms to all

abortion facilities in this Commonwealth.

(e) Penalty; civil action.--Any physician who violates the

provisions of this section is guilty of "unprofessional

conduct," and his or her license for the practice of medicine

and surgery shall be subject to suspension or revocation in

accordance with procedures provided under the act of October 5,

1978 (P.L.1109, No.261), known as the Osteopathic Medical

Practice Act, the act of December 20, 1985 (P.L.457, No.112),

known as the Medical Practice Act of 1985, or their successor

acts. In addition, any physician who knowingly violates the

provisions of this section shall be civilly liable to the spouse

who is the father of the aborted child for any damages caused

thereby and for punitive damages in the amount of $5,000, and

the court shall award a prevailing plaintiff a reasonable

attorney fee as part of costs.]

Section 4. Section 3211 of Title 18 is amended to read:

§ 3211. Abortion on unborn child of [24] 20 or more weeks

gestational age.

(a) Prohibition.--Except as provided in subsection (b), no

person shall perform or induce an abortion upon another person

when the gestational age of the unborn child is [24] 20 or more

weeks.

(b) Exceptions.--

(1) It shall not be a violation of subsection (a) if an

abortion is performed by a physician and that physician

reasonably believes that it is necessary to prevent either

the death of the pregnant woman or the substantial and

irreversible impairment of a major bodily function of the

woman. No abortion shall be deemed authorized under this

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paragraph if performed on the basis of a claim or a diagnosis

that the woman will engage in conduct which would result in

her death or in substantial and irreversible impairment of a

major bodily function.

(2) It shall not be a violation of subsection (a) if the

abortion is performed by a physician and that physician

reasonably believes, after making a determination of the

gestational age of the unborn child in compliance with

section 3210 (relating to determination of gestational age),

that the unborn child is less than [24] 20 weeks gestational

age.

emergency which, in the reasonable medical judgment of the

physician performing the abortion, prevents compliance with a

particular requirement of this subsection, no abortion which is

authorized under subsection (b)(1) shall be performed unless

each of the following conditions is met:

(1) The physician performing the abortion certifies in

writing that, based upon his medical examination of the

pregnant woman and his medical judgment, the abortion is

necessary to prevent either the death of the pregnant woman

or the substantial and irreversible impairment of a major

bodily function of the woman.

(2) Such physician's judgment with respect to the

necessity for the abortion has been concurred in by one other

licensed physician who certifies in writing that, based upon

his or her separate personal medical examination of the

pregnant woman and his or her medical judgment, the abortion

is necessary to prevent either the death of the pregnant

woman or the substantial and irreversible impairment of a

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major bodily function of the woman.

(3) The abortion is performed in a hospital.

(4) The physician terminates the pregnancy in a manner

which provides the best opportunity for the unborn child to

survive, unless the physician determines, in his or her good

faith medical judgment, that termination of the pregnancy in

that manner poses a significantly greater risk either of the

death of the pregnant woman or the substantial and

irreversible impairment of a major bodily function of the

woman than would other available methods.

(5) The physician performing the abortion arranges for

the attendance, in the same room in which the abortion is to

be completed, of a second physician who shall take control of

the child immediately after complete extraction from the

mother and shall provide immediate medical care for the

child, taking all reasonable steps necessary to preserve the

child's life and health.

(d) Penalty.--Any person who violates subsection (a) commits

a felony of the third degree. Any person who violates subsection

offense and a misdemeanor of the first degree for subsequent

offenses.

Section 5. Title 18 is amended by adding a section to read:

§ 3211.1. Dismemberment abortion ban.

(a) Prohibition for abortions at 20 or more weeks.--An

individual may not perform or attempt to perform a dismemberment

abortion upon another individual when the gestational age of the

unborn child is 20 or more weeks unless all of the following

apply:

(1) The individual performing or attempting to perform

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the dismemberment abortion is a physician and certifies in

writing that, based upon the physician's medical examination

of the pregnant woman and the physician's medical judgment,

the abortion is necessary to prevent either the death of the

pregnant woman or the substantial and irreversible impairment

of a major bodily function of the woman.

(2) Such physician's judgment with respect to the

necessity for the abortion has been concurred in by one other

licensed physician who certifies in writing that, based upon

his or her separate personal medical examination of the

pregnant woman and his or her medical judgment, the abortion

is necessary to prevent either the death of the pregnant

woman or the substantial and irreversible impairment of a

major bodily function of the woman.

(3) The abortion is performed in a hospital.

(4) The physician terminates the pregnancy in a manner

which provides the best opportunity for the unborn child to

survive, unless the physician determines, in his or her good

faith medical judgment, that termination of the pregnancy in

that manner poses a significantly greater risk either of the

death of the pregnant woman or the substantial and

irreversible impairment of a major bodily function of the

woman than would other available methods.

(5) The physician performing the abortion arranges for

the attendance, in the same room in which the abortion is to

be completed, of a second physician who shall take control of

the child immediately after complete extraction from the

mother and shall provide immediate medical care for the

child, taking all reasonable steps necessary to preserve the

child's life and health.

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(b) Prohibition before 20 weeks of gestational age.--An

individual may not perform or attempt to perform a dismemberment

abortion upon another individual when the gestational age of the

unborn child is less than 20 weeks unless both of the following

apply:

(1) The individual performing or attempting to perform

the dismemberment abortion is a physician and certifies in

writing that, based upon the physician's medical examination

of the pregnant woman and the physician's medical judgment,

the abortion is necessary to prevent either the death of the

pregnant woman or the substantial and irreversible impairment

of a major bodily function of the woman.

(2) The physician's judgment with respect to the

necessity for the abortion has been concurred in by one other

licensed physician who certifies in writing that, based

upon his or her separate personal medical examination of

the pregnant woman and his or her medical judgment, the

abortion is necessary to prevent either the death of the

pregnant woman or the substantial and irreversible

impairment of a major bodily function of the woman.

liable for performing or attempting to perform a dismemberment

abortion:

(1) The female patient upon whom the dismemberment

abortion is performed or attempted to be performed.

(2) A nurse, technician, secretary or receptionist who

is not a physician but is acting at the direction of a

physician.

(3) A pharmacist or other individual who fills a

prescription or provides instruments or materials used in a

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dismemberment abortion at the direction of or to a physician.

(d) Penalty.--Any individual who violates subsection (a) or

(b) commits a felony of the third degree.

Section 6. Section 3214(a) of Title 18 is amended to read:

§ 3214. Reporting.

(a) General rule.--For the purpose of promotion of maternal

health and life by adding to the sum of medical and public

health knowledge through the compilation of relevant data, and

to promote the Commonwealth's interest in protection of the

unborn child, a report of each abortion performed shall be made

to the department on forms prescribed by it. The report forms

shall not identify the individual patient by name and shall

include the following information:

(1) Identification of the physician who performed the

abortion, the concurring physician as required by section

3211(c)(2) (relating to abortion on unborn child of [24] 20

or more weeks gestational age) or 3211.1(a)(2) or (b)(2)

(relating to dismemberment abortion ban), the second

physician as required by section 3211(c)(5) or 3211.1(a)(2)

or (b)(2) and the facility where the abortion was performed

and of the referring physician, agency or service, if any.

(2) The county and state in which the woman resides.

(3) The woman's age.

(4) The number of prior pregnancies and prior abortions

of the woman.

(5) The gestational age of the unborn child at the time

of the abortion.

(6) The type of procedure performed or prescribed and

the date of the abortion.

(7) Pre-existing medical conditions of the woman which

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would complicate pregnancy, if any, and, if known, any

medical complication which resulted from the abortion itself.

(8) The basis for the medical judgment of the physician

who performed the abortion that the abortion was necessary to

prevent either the death of the pregnant woman or the

substantial and irreversible impairment of a major bodily

function of the woman, where an abortion has been performed

pursuant to section 3211(b)(1) or 3211.1(a)(1) or (b)(1).

(9) The weight of the aborted child for any abortion

performed pursuant to section 3211(b)(1) or 3211.1(a)(1) or

(b)(1).

(10) Basis for any medical judgment that a medical

emergency existed which excused the physician from compliance

with any provision of this chapter.

(11) The information required to be reported under

section 3210(a) (relating to determination of gestational

age).

[(12) Whether the abortion was performed upon a married

woman and, if so, whether notice to her spouse was given. If

no notice to her spouse was given, the report shall also

indicate the reason for failure to provide notice.]

* * *

Section 7. This act shall take effect in 60 days.

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