PRINTER'S NO. 232
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
267
Session of
2023
INTRODUCED BY BROOKS, DUSH, DILLON, BARTOLOTTA, PHILLIPS-HILL,
KANE, TARTAGLIONE, MARTIN, COSTA AND ROBINSON,
JANUARY 31, 2023
REFERRED TO JUDICIARY, JANUARY 31, 2023
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
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
services provider on the grounds of an entity employing the
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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;
(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. §
8103 (relating to definitions).
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"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) of Title 23 is amended by adding
a paragraph to read:
§ 6315. Taking child into protective custody.
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(a) General rule.--A child may be taken into protective
custody:
* * *
(7) By a health care provider at an urgent care center
under Chapter 65.
* * *
Section 4. The definitions of "department" and "health care
provider" in section 6502 of Title 23 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
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.
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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
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
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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
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 that 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 that the urgent care center's grounds
and building display signs that specify the operating hours
during which the urgent care center accepts newborns under
section 6315(a)(7) and 18 Pa.C.S. § 4306 (relating to newborn
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protection).
Section 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 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 telephone regarding a
newborn accepted by a hospital 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 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.
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§ 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)
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 8. This act shall take effect in 60 days.
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