PRIOR PRINTER'S NO. 64
PRINTER'S NO. 485
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
86
Session of
2019
INTRODUCED BY BROOKS, SCARNATI, PHILLIPS-HILL, BARTOLOTTA,
BREWSTER, COSTA, K. WARD, J. WARD, WHITE, BROWNE, HAYWOOD AND
MUTH, JANUARY 24, 2019
AS AMENDED ON SECOND CONSIDERATION, MARCH 25, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, in
offenses against the family, further providing for newborn
protection; in child protective services, further providing
for definitions and for taking child into protective custody;
and, in newborn protection, further providing for
definitions, for health care providers accepting newborns,
for police officers accepting newborns, AND FOR INCUBATORS
FOR NEWBORNS, PROVIDING FOR HEALTH CARE PROVIDERS AT URGENT
CARE CENTERS ACCEPTING NEWBORNS AND FURTHER PROVIDING for
reporting acceptance of newborns, for immunity and for duties
of department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4306 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4306. Newborn protection.
(a) General rule.--A parent of a newborn shall not be
criminally liable for any violation of this title solely for
leaving a newborn in the care of a hospital, an urgent care
center, a police officer at a police station pursuant to 23
Pa.C.S. Ch. 65 (relating to newborn protection) or an emergency
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services provider on the grounds of an entity employing the
emergency services provider or otherwise providing access to the
emergency services provider pursuant to 23 Pa.C.S. Ch. 65 if the
following criteria are met:
(1) The parent expresses, either orally or through
conduct, the intent to have the hospital, urgent care center,
police officer or emergency services provider accept the
newborn pursuant to 23 Pa.C.S. Ch. 65.
(2) The newborn is not a victim of child abuse or
criminal conduct.
(a.1) Incubator.--A parent of a newborn shall not be
criminally liable for any violation of this title solely for
leaving a newborn in an incubator if the newborn is not a victim
of child abuse or criminal conduct and the incubator is located:
(1) at a hospital or urgent care center;
(2) at a police station pursuant to 23 Pa.C.S. Ch. 65;
[or]
(3) on the grounds of an entity employing the emergency
services provider or otherwise providing access to the
emergency services provider pursuant to 23 Pa.C.S. Ch. 65[.];
OR
(4) AT AN URGENT CARE CENTER.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Child abuse." As defined in 23 Pa.C.S. § 6303(b.1)
(relating to definitions).
"Emergency services provider." An emergency medical
responder, emergency medical technician, advanced emergency
medical technician or a paramedic as defined in 35 Pa.C.S. §
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8103 (relating to definitions).
"Newborn." As defined in 23 Pa.C.S. § 6502 (relating to
definitions).
"Police department." A public agency of a political
subdivision having general police powers and charged with making
arrests in connection with the enforcement of criminal or
traffic laws.
"Police officer." A full-time or part-time employee assigned
to criminal or traffic law enforcement duties of a police
department of a county, city, borough, town or township. The
term also includes a member of the State Police Force.
"Police station." The station or headquarters of a police
department or a Pennsylvania State Police station or
headquarters.
"Urgent care center." As defined in section 2 of the act of
November 2, 2016 (P.L.976, No.122), known as the Safe Emergency
Prescribing Act.
Section 2. Section 6303(a) of Title 23 is amended by adding
a definition to read:
§ 6303. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Urgent care center." As defined in section 2 of the act of
November 2, 2016 (P.L.976, No.122), known as the Safe Emergency
Prescribing Act.
* * *
Section 3. Section 6315(a)(3) 6315(A) of Title 23 is amended
BY ADDING A PARAGRAPH to read:
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§ 6315. Taking child into protective custody.
(a) General rule.--A child may be taken into protective
custody:
* * *
(3) By a physician or the director, or a person
specifically designated by the director, of a hospital or
urgent care center pursuant to Chapter 65 (relating to
newborn protection) if the child is a newborn.
* * *
(7) BY A HEALTH CARE PROVIDER AT AN URGENT CARE CENTER
UNDER CHAPTER 65.
* * *
Section 4. The definition of DEFINITIONS OF "DEPARTMENT" AND
"health care provider" in section 6502 of Title 23 is ARE
amended and the section is amended by adding a definition to
read:
§ 6502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"DEPARTMENT." THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN
SERVICES OF THE COMMONWEALTH.
* * *
"Health care provider." A person who is licensed or
certified by the laws of this Commonwealth to administer health
care in the ordinary course of business or practice of a
profession. For purposes of accepting a newborn as provided in
section 6504(a)(1) (relating to accepting newborns) and for
immunity provided pursuant to section 6507 (relating to
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immunity), the term includes administrative, managerial and
security personnel and any other person employed by a hospital
or urgent care center.
* * *
"Urgent care center." As defined in section 2 of the act of
November 2, 2016 (P.L.976, No.122), known as the Safe Emergency
Prescribing Act.
Section 5. Sections 6504(a) introductory paragraph and
6504.1(a)(2) of Title 23 are amended to read:
§ 6504. Health care providers accepting newborns.
(a) General rule.--A health care provider at a hospital or
urgent care center shall do all of the following relating to a
newborn accepted under this chapter:
* * *
§ 6504.1. Police officers accepting newborns.
(a) Duties.--A police officer at a police station shall do
all of the following relating to a newborn accepted under this
chapter:
* * *
(2) Ensure the newborn is transported to a hospital or
urgent care center and placed into the care of a health care
provider under section 6504 (relating to health care
providers accepting newborns).
* * *
SECTION 5. SECTION 6504.3(A) AND (B)(4)(I), (V) AND (VI) AND
(5) OF TITLE 23 ARE AMENDED TO READ:
§ 6504.3. INCUBATORS FOR NEWBORNS.
(A) PROVISION OPTIONAL.--A HOSPITAL, POLICE STATION, URGENT
CARE CENTER OR [OTHER] ENTITY EMPLOYING OR OTHERWISE PROVIDING
ACCESS TO AN EMERGENCY SERVICES PROVIDER MAY PROVIDE AN
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INCUBATOR FOR THE CARE OF A NEWBORN ACCEPTED UNDER THIS CHAPTER.
(B) REGULATIONS.--THE DEPARTMENT OF HEALTH SHALL PROMULGATE
REGULATIONS FOR PROVIDING AN INCUBATOR UNDER SUBSECTION (A). THE
REGULATIONS SHALL INCLUDE ALL OF THE FOLLOWING:
* * *
(4) DESIGN AND FUNCTION REQUIREMENTS FOR AN INCUBATOR
WHICH SHALL INCLUDE ALL OF THE FOLLOWING:
(I) INSTALLATION OF AN INCUBATOR AT A HOSPITAL,
POLICE STATION, URGENT CARE CENTER OR [OTHER] ENTITY
WHICH EMPLOYS OR OTHERWISE PROVIDES ACCESS TO AN
EMERGENCY SERVICES PROVIDER.
* * *
(V) PROVIDING NOTICE TO THE PERSONNEL OF A HOSPITAL,
POLICE STATION, URGENT CARE CENTER OR [OTHER] ENTITY
WHICH EMPLOYS OR OTHERWISE PROVIDES ACCESS TO AN
EMERGENCY SERVICES PROVIDER WITHIN 30 SECONDS OF THE
INFANT BEING PLACED BY THE PARENT IN THE INCUBATOR.
(VI) TRIGGERING A 911 CALL IF THE PERSONNEL OF A
HOSPITAL, POLICE STATION, URGENT CARE CENTER OR [OTHER]
ENTITY WHICH EMPLOYS OR OTHERWISE PROVIDES ACCESS TO AN
EMERGENCY SERVICES PROVIDER DOES NOT RESPOND WITHIN A
REASONABLE AMOUNT OF TIME UNDER SUBPARAGRAPH (V).
(5) OPERATING POLICY, SUPERVISION AND MAINTENANCE
REQUIREMENTS FOR AN INCUBATOR, INCLUDING THAT ONLY AN
EMERGENCY SERVICES PROVIDER AT AN ENTITY THAT EMPLOYS OR
OTHERWISE PROVIDES ACCESS TO THE EMERGENCY SERVICES PROVIDER,
A HEALTH CARE PROVIDER AT A HOSPITAL [OR], POLICE OFFICER AT
A POLICE STATION OR A HEALTH CARE PROVIDER AT AN URGENT CARE
CENTER MAY TAKE AN INFANT INTO PROTECTIVE CUSTODY IN
ACCORDANCE WITH CHAPTER 63 (RELATING TO CHILD PROTECTIVE
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SERVICES).
* * *
SECTION 6. TITLE 23 IS AMENDED BY ADDING A SECTION TO READ:
§ 6504.4. HEALTH CARE PROVIDERS AT URGENT CARE CENTERS
ACCEPTING NEWBORNS.
(A) DUTIES.--A HEALTH CARE PROVIDER AT AN URGENT CARE CENTER
SHALL DO ALL OF THE FOLLOWING RELATING TO A NEWBORN ACCEPTED
UNDER THIS CHAPTER:
(1) TAKE THE NEWBORN INTO PROTECTIVE CUSTODY UNDER
SECTION 6315(A)(7) (RELATING TO TAKING CHILD INTO PROTECTIVE
CUSTODY).
(2) ENSURE THE NEWBORN IS TRANSPORTED TO A HOSPITAL AND
PLACED INTO THE CARE OF A HEALTH CARE PROVIDER UNDER SECTION
6504 (RELATING TO HEALTH CARE PROVIDERS ACCEPTING NEWBORNS).
(B) MEDICAL HISTORY.--WHEN A HEALTH CARE PROVIDER AT AN
URGENT CARE CENTER ACCEPTS A NEWBORN UNDER THIS CHAPTER, A
PARENT MAY PROVIDE THE HEALTH CARE PROVIDER WITH INFORMATION
ABOUT THE NEWBORN'S MEDICAL HISTORY AND IDENTIFYING INFORMATION.
(C) SIGNAGE.--AN URGENT CARE CENTER ACCEPTING NEWBORNS UNDER
THIS CHAPTER SHALL ENSURE THE URGENT CARE CENTER'S GROUNDS AND
BUILDING DISPLAY SIGNS THAT SPECIFY THE OPERATING HOURS THE
URGENT CARE CENTER ACCEPTS NEWBORNS UNDER SECTION 6315(A)(7) AND
18 PA.C.S. § 4306 (RELATING TO NEWBORN PROTECTION).
Section 6 7. Sections 6505, 6507 and 6509 of Title 23 are
amended to read:
§ 6505. Reporting acceptance of newborns.
A health care provider at a hospital or urgent care center
shall in all cases notify the county agency and the local
municipal police department or the Pennsylvania State Police
where no municipal police jurisdiction exists immediately by
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telephone regarding a newborn accepted by [a] the hospital or
urgent care center under this chapter. A written report shall be
submitted to the county agency and local municipal police
department or the Pennsylvania State Police within 48 hours
after the oral report. This section applies in the case of a
hospital or urgent care center accepting a newborn pursuant to
sections 6504.1(a)(2) (relating to police officers accepting
newborns) [and], 6504.2(a)(2) (relating to emergency services
providers accepting newborns) AND 6504.4(A)(2) (RELATING TO
HEALTH CARE PROVIDERS AT URGENT CARE CENTERS ACCEPTING
NEWBORNS). [For purposes of this section, the term "health care
provider" shall include administrative, managerial and security
personnel employed by a hospital.]
§ 6507. Immunity.
Except for a violation of section 6506 (relating to failure
to report acceptance of newborns), no emergency services
provider, entity that employs or otherwise provides access to an
emergency services provider, hospital, urgent care center,
health care provider at a hospital or urgent care center or
police department, police officer or administrative or
managerial personnel of a police department shall be subject to
civil liability or criminal penalty solely by reason of
complying with the provisions of this chapter.
§ 6509. Duties of department.
The department shall provide educational materials for use by
emergency services providers, entities which employ or otherwise
provide access to emergency services providers, hospitals,
urgent care centers, health care providers, employees at
hospitals and police officers regarding this chapter, section
6315(a)(3) (relating to taking child into protective custody)
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and other applicable provisions of Chapter 63 (relating to child
protective services) that relate to newborn protection. The
department shall promulgate such regulations as may be necessary
to implement this chapter, section 6315(a)(3) and other
applicable provisions of Chapter 63 that relate to newborn
protection. The department shall also provide emergency services
providers, entities which employ or otherwise provide access to
emergency services providers, health care providers, hospitals,
urgent care centers, the Pennsylvania State Police and police
departments with an informational pamphlet regarding this
chapter, section 6315(a)(3) and other applicable provisions of
Chapter 63 that relate to newborn protection which may be
distributed to the public. In addition, the department shall
comply with the provisions regarding infant abandonment in
sections 6365 (relating to services for prevention,
investigation and treatment of child abuse) and 6383 (relating
to education and training). A report shall be made annually to
the General Assembly on the number and disposition of newborns
accepted in accordance with this chapter, section 6315(a)(3) and
(5) and other applicable provisions of Chapter 63 that relate to
newborn protection.
Section 7 8. This act shall take effect in 60 days.
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