PRINTER'S NO. 144
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
189
Session of
2019
INTRODUCED BY LEACH, FARNESE, TARTAGLIONE, SCHWANK, SANTARSIERO,
HAYWOOD, KEARNEY AND HUGHES, FEBRUARY 1, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 1, 2019
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," in licensing of health care
facilities, further providing for licensure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 806(h)(1), (2), (3) and (4) of the act of
July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act, are repealed:
Section 806. Licensure.
* * *
(h) Abortion facilities.--
[(1) The department shall apply the same regulations
promulgated under subsection (f) to abortion facilities that
are applied to ambulatory surgical facilities. These
regulations include classification of the facilities in the
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same manner as ambulatory surgical facilities.
(2) The department shall apply to abortion facilities
any other provision of this chapter governing health care
facilities insofar as they are applicable to ambulatory
surgical facilities.
(3) For the purpose of applying the rules applicable to
ambulatory surgical facilities, all of the following apply:
(i) The department shall allow the abortion facility
to request an exception.
(ii) The request must identify with specificity the
reasons for which the exception is sought.
(iii) In considering a petition under this
paragraph, the department shall apply the same procedures
and criteria that are applicable to other health care
facilities.
(iv) The department shall issue a written
determination stating the reasons for a decision under
this paragraph.
(4) None of the following shall apply to an abortion
facility:
(i) The definition of "ambulatory surgical facility"
in section 802.1.
(ii) The definition of "ASF--Ambulatory Surgical
Facility" in 28 Pa. Code ยง 551.3 (relating to
definitions).]
* * *
Section 2. This act shall take effect in 60 days.
20190SB0189PN0144 - 2 -
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