PRINTER'S NO. 891
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
904
Session of
2021
INTRODUCED BY BOROWICZ, STRUZZI, SCHMITT, HAMM, COOK, KNOWLES,
FEE, METCALFE, GREINER, OWLETT, ROTHMAN, TOPPER, JONES,
SMITH, HICKERNELL, KAUFFMAN, DIAMOND, BERNSTINE, DUNBAR,
PICKETT, MOUL, B. MILLER, RAPP, GLEIM, RYAN, ROWE, COX,
ZIMMERMAN, MALONEY, KEEFER, MERCURI, WHEELAND, GILLEN AND
HERSHEY, MARCH 15, 2021
REFERRED TO COMMITTEE ON HEALTH, MARCH 15, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in abortion, further providing for
legislative intent, providing for fetal heartbeat
examination, further providing for medical consultation and
judgment, for abortion on unborn child of 24 or more weeks
gestational age and for reporting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3202(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 3202. Legislative intent.
* * *
(b) Conclusions.--Reliable and convincing evidence has
compelled the General Assembly to conclude and the General
Assembly does hereby solemnly declare and find that:
* * *
(6) The following:
(i) Fetal heartbeat has become a key medical
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predictor that an unborn individual will reach live
birth.
(ii) Cardiac activity begins at a biologically
identifiable moment in time, normally when the fetal
heart is formed in the gestational sac.
(iii) In order to make an informed choice about
whether to continue the pregnancy, a pregnant woman has a
legitimate interest in knowing the likelihood of the
fetus surviving to full-term birth based upon the
presence of cardiac activity.
* * *
Section 2. Title 18 is amended by adding a section to read:
§ 3203.1. Fetal heartbeat examination.
Before performing an abortion, a physician shall conduct a
physical examination of the pregnant woman and her unborn child
to determine if there is a fetal heartbeat present. The
physician shall utilize the physician's best clinical judgment
to determine whether or not a fetal heartbeat is present.
Section 3. Sections 3204(a), 3211 heading, (a) and (b)(2)
and 3214(a)(1) of Title 18 are amended to read:
§ 3204. Medical consultation and judgment.
(a) Abortion prohibited; exceptions.--No abortion shall be
performed after a fetal heartbeat is detected. If there is no
fetal heartbeat, no abortion shall be performed except by a
physician after either:
(1) he determines that, in his best clinical judgment,
the abortion is necessary; or
(2) he receives what he reasonably believes to be a
written statement signed by another physician, hereinafter
called the "referring physician," certifying that in this
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referring physician's best clinical judgment the abortion is
necessary.
* * *
§ 3211. Abortion on unborn child [of 24 or more weeks
gestational age] after fetal heartbeat is detected.
(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 or more
weeks] unborn child has a detectable fetal heartbeat.
(b) Exceptions.--
* * *
(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] examining the pregnant
woman in compliance with section 3210 (relating to
determination of gestational age), that the unborn child [is
less than 24 weeks gestational age] does not have a fetal
heartbeat.
* * *
§ 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
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abortion, the concurring physician as required by section
3211(c)(2) (relating to abortion on unborn child [of 24 or
more weeks gestational age] after fetal heartbeat is
detected), the second physician as required by section
3211(c)(5) and the facility where the abortion was performed
and of the referring physician, agency or service, if any.
* * *
Section 4. This act shall take effect in 60 days.
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