PRINTER'S NO. 817
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
802
Session of
2023
INTRODUCED BY OTTEN, FIEDLER, FRANKEL, HILL-EVANS, KINKEAD,
RABB, BURGOS, HOHENSTEIN, MADDEN, SANCHEZ, SCHLOSSBERG,
PIELLI, PROBST, D. WILLIAMS, SHUSTERMAN, FLEMING, DEASY,
STURLA, FREEMAN, KINSEY, INNAMORATO, BENHAM, N. NELSON,
TAKAC, KHAN AND MAYES, APRIL 4, 2023
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 4, 2023
AN ACT
Amending the act of May 22, 1951 (P.L.317, No.69), entitled "An
act relating to the practice of professional nursing;
providing for the licensing of nurses and for the revocation
and suspension of such licenses, subject to appeal, and for
their reinstatement; providing for the renewal of such
licenses; regulating nursing in general; prescribing
penalties and repealing certain laws," providing for
performance of reproductive health services on non-
Commonwealth residents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 22, 1951 (P.L.317, No.69), known
as The Professional Nursing Law, is amended by adding a section
to read:
Section 13.1. Performance of Reproductive Health Services on
Non-Commonwealth Residents.--(a) The following shall apply:
(1) The performance, assistance in performance,
recommendation or provision of reproductive health services by a
licensee acting within the licensee's scope of practice under
this act for a patient who resides in a jurisdiction outside of
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this Commonwealth where the performance, assistance in
performance, recommendation or provision of the reproductive
health services is illegal shall not, by itself, be considered
any of the following:
(i) A violation of this act.
(ii) Grounds for refusal, suspension or revocation of a
license under this act.
(iii) Grounds for any other penalty regarding a license
under this act.
(iv) Grounds for a disciplinary action of the licensee under
this act or any other State law, regulation or rule governing
the licensure, certification or authorization of the licensee.
(2) Nothing in this subsection shall be construed to expand
the scope of practice of a licensee under this act or authorize
the licensee to act outside of the licensee's scope of practice
under this act.
(b) An applicant seeking licensure, certification or
authorization under this act who has been subject to a
disciplinary action by a duly authorized professional
disciplinary agency of a jurisdiction outside of this
Commonwealth solely on the basis of having performed, assisted
in performing, recommended or provided reproductive health
services shall not be denied the licensure, certification or
authorization unless the Board determines that the action would
have constituted a violation of this act in this Commonwealth.
Nothing in this subsection shall be construed as prohibiting the
Board from evaluating the conduct of the applicant and making a
determination regarding whether the applicant is qualified to be
licensed, certified or authorized under this act.
(c) As used in this section, the following words and phrases
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shall have the meanings given to them in this subsection:
"Reproductive health services" means any of the following:
(1) A bortion as defined in 18 Pa.C.S. ยง 3203 (relating to
definitions).
(2) E mergency contraception, including one or more
prescription drugs used separately or in combination to be
administered or self-administered by a patient to prevent
pregnancy within a medically recommended amount of time after
sexual intercourse and dispensed for that purpose in accordance
with professional standards of practice and determined by the
United States Food and Drug Administration to be safe.
(3) Medical, surgical, counseling or referral services
relating to the human reproductive system, including services
relating to pregnancy, the prevention of pregnancy or the
termination of a pregnancy.
Section 2. This act shall take effect in 60 days.
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