PRINTER'S NO. 2194
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1784
Session of
2023
INTRODUCED BY DALEY, SHUSTERMAN, MADDEN, VENKAT, BURGOS,
HOHENSTEIN, HOWARD, PROBST, GUENST, SANCHEZ, BOYD, KINSEY,
SCHLOSSBERG, BOROWSKI, KINKEAD AND OTTEN, OCTOBER 24, 2023
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 24, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in rules of evidence,
providing for protection of reproductive health services
records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6152.2. Protection of reproductive health services records.
(a) Disclosures.--Notwithstanding any other provision of
this subchapter or any other law of this Commonwealth and except
as provided under subsections (c) and (d), in a civil action or
proceeding, including a preliminary hearing, or in an
investigation or a proceeding by a district attorney or an
agency, a covered entity shall not disclose any of the following
unless a patient or the patient's guardian or other authorized
legal representative explicitly consents in writing to the
disclosure:
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(1) A communication made to the covered entity from the
patient or the patient's guardian or other authorized legal
representative relating to reproductive health care services
that are permitted under the laws of this Commonwealth.
(2) Information obtained by personal examination of the
patient relating to reproductive health care services that
are permitted under the laws of this Commonwealth.
(b) Duties of covered entities.--A covered entity shall
inform a patient or the patient's guardian or other authorized
legal representative of the patient's right to withhold written
consent to a disclosure specified under subsection (a).
(c) Exceptions.--The written consent of a patient or
patient's guardian or other authorized legal representative
shall not be required for a disclosure under subsection (a) if
any of the following apply:
(1) The disclosure is authorized by the rules of court
under section 1722 (relating to adoption of administrative
and procedural rules).
(2) The disclosure is made by a covered entity to the
covered entity's attorney or professional liability insurer
or the insurer's agent for use in the defense of a claim made
against the covered entity or when there is a reasonable
belief that a claim will be made against the covered entity
in a civil action or proceeding.
(3) The disclosure is made to the Department of State in
connection with an investigation of a complaint if the
disclosure is related to the complaint.
(4) The disclosure is made because child abuse, abuse of
a senior citizen or abuse of an individual with physical or
intellectual disabilities is known or is suspected in good
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faith.
(d) Construction.--
(1) Nothing in this section shall be construed to impede
the lawful sharing of medical records as permitted by Federal
or State law or the rules of court under section 1722, except
in the case of a subpoena commanding the production, copying
or inspection of medical records relating to reproductive
health care services.
(2) Nothing in this section shall be construed to
supplant existing State law or regulations governing the
disclosure requirements for confidential communications,
records or information regarding any of the following:
(i) The provisions of section 5929 (relating to
physicians not to disclose information).
(ii) The provisions of section 5944 (relating to
confidential communications to psychiatrists or licensed
psychologists), 5945 (relating to confidential
communications to school personnel) or 5945.1 (relating
to confidential communications with sexual assault
counselors) .
(iii) An individual subject to the act of July 9,
1987 (P.L.220, No.39), known as the Social Workers,
Marriage and Family Therapists and Professional
Counselors Act.
(iv) An individual and a domestic violence
counselor/advocate as defined in 23 Pa.C.S. ยง 6102
(relating to definitions).
(v) A physician licensed to practice medicine under
the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985, a physician licensed to
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practice osteopathic medicine under the act of October 5,
1978 (P.L.1109, No.261), known as the Osteopathic Medical
Practice Act, or any other licensed health care
practitioner or health care provider in a civil action or
proceeding, including a preliminary hearing, or in an
investigation or a proceeding by a district attorney or
an agency.
(vi) The provisions of section 111 of the act of
July 9, 1976 (P.L.817, No.143), known as the Mental
Health Procedures Act, or section 8 of the act of April
14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug
and Alcohol Abuse Control Act.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Agency." As defined in section 102 of the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law .
"Covered entity." As defined in 45 CFR 160.103 (relating to
definitions).
"Reproductive health care services." Medical, surgical,
counseling or referral services relating to the human
reproductive system, including services relating to pregnancy,
contraception or the termination of pregnancy.
Section 2. This act shall take effect in 60 days.
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