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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 81, 1073, 1483          PRINTER'S NO.  2022

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 96 Session of 2001


        INTRODUCED BY FLEAGLE, NICKOL, MUNDY, CLARK, MANDERINO, VANCE,
           L. I. COHEN, BELFANTI, T. STEVENSON, BEBKO-JONES, MARSICO,
           FRANKEL, B. SMITH, BELARDI, RUBLEY, MAITLAND, DALEY, HERSHEY,
           CAPPABIANCA, GEIST, HALUSKA, M. BAKER, STERN, CORRIGAN,
           TIGUE, SCRIMENTI, SHANER, MAYERNIK, BARRAR, BASTIAN,
           BENNINGHOFF, CLYMER, DAILEY, FAIRCHILD, HENNESSEY, JADLOWIEC,
           R. MILLER, S. MILLER, NAILOR, PHILLIPS, SATHER, SOLOBAY,
           STABACK, WILT, ZUG, BROWNE, SEMMEL, STEELMAN, McCALL AND
           BOYES, JANUARY 23, 2001

        SENATOR MOWERY, PUBLIC HEALTH AND WELFARE, IN SENATE, AS
           AMENDED, MAY 22, 2001

                                     AN ACT

     1  Amending Title 20 (Decedents, Estates and Fiduciaries) of the
     2     Pennsylvania Consolidated Statutes, further providing for the  <--
     3     family exemptions and for advance directives for health care,  <--
     4     FOR definitions and FOR emergency medical services; and        <--
     5     providing for out-of-hospital nonresuscitation.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 3121 of Title 20 of the Pennsylvania       <--
     9  Consolidated Statutes is amended to read:
    10  § 3121.  When allowable.
    11     (a)  General rule.--The spouse of any decedent dying
    12  domiciled in the Commonwealth, and if there be no spouse, or if
    13  he has forfeited his rights, then such children as are members
    14  of the same household as the decedent, and in the event there
    15  are no such children, then the parent or parents of the decedent

     1  who are members of the same household as the decedent, may
     2  retain or claim as an exemption either real or personal
     3  property, or both, not theretofore sold by the personal
     4  representative, to the value of $3,500: Provided, That property
     5  specifically devised or bequeathed by the decedent, or otherwise
     6  specifically disposed of by him, may not be so retained or
     7  claimed if other assets are available for the exemption. The
     8  surviving husband or wife shall be a competent witness as to all
     9  matters pertinent to the issue of forfeiture of the right to
    10  exemption.
    11     (b)  Additional exemption amount.--In addition to the family
    12  exemption amount provided for in subsection (a), there shall be
    13  an exemption of $2,000 if the decedent executed an anatomical
    14  gift of all or part of his or her body.
    15     Section 1.1.  The definition of "declarant" in section 5403
    16  of Title 20 is amended to read:
    17     SECTION 1.  THE DEFINITION OF "DECLARANT" IN SECTION 5403 OF   <--
    18  TITLE 20 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO
    19  READ:
    20  § 5403.  Definitions.
    21     The following words and phrases when used in this chapter
    22  shall have the meanings given to them in this section unless the
    23  context clearly indicates otherwise:
    24     * * *
    25     "Declarant."  A person who makes a declaration in accordance
    26  with this chapter. The term includes an emancipated minor.
    27     * * *
    28     Section 2.  Section 5413 of Title 20 is amended to read:
    29  § 5413.  Emergency medical services.
    30     [(a)  Care given prior to declaration taking effect.--Nothing
    20010H0096B2022                  - 2 -

     1  in this chapter shall be construed to make the provisions of a
     2  declaration apply to care given to a patient by emergency
     3  medical services personnel prior to the declaration's becoming
     4  operative under sections 5405 (relating to when declaration
     5  becomes operative) and 5408 (relating to duty of physician to
     6  confirm terminal condition).
     7     (b)  Care given after declaration takes effect.--The
     8  provisions of a declaration shall apply to care given to a
     9  patient by emergency medical services personnel after the
    10  declaration becomes operative under sections 5405 and 5408 only
    11  if:
    12         (1)  an original declaration, signed by the declarant or
    13     other authorized person, is presented to the emergency
    14     medical services personnel. The emergency medical services
    15     personnel must immediately notify the medical command
    16     physician of the presence of the declaration; or
    17         (2)  the medical command physician, based on prior
    18     notification by the attending physician or other health care
    19     provider that a valid and operative declaration exists,
    20     directs the emergency medical service personnel according to
    21     the provisions of the declaration.
    22     (c)  Uncertainty regarding validity of declaration.--
    23  Emergency medical services personnel confronted with any
    24  conflicting information regarding the patient's wishes for life-
    25  sustaining treatment shall act according to the accepted
    26  treatment protocols and standards appropriate to their level of
    27  certification.]
    28     (a)  General rule.--An emergency medical services provider
    29  shall, in the course of providing care to a declarant, at all
    30  times comply with the instructions of an authorized medical
    20010H0096B2022                  - 3 -

     1  command physician to withhold or discontinue cardiopulmonary
     2  resuscitation FOR A DECLARANT WHOSE ADVANCE DIRECTIVE HAS BECOME  <--
     3  OPERATIVE UNDER SECTION 5405 (RELATING TO WHEN DECLARATION
     4  BECOMES OPERATIVE).
     5     (b)  Applicability.--This section is applicable only in those
     6  instances where an out-of-hospital DNR order is not in effect
     7  under section 5404-A(a) (relating to orders, bracelets and
     8  necklaces).
     9     Section 3.  Title 20 is amended by adding a chapter to read:
    10                            CHAPTER 54-A
    11                  OUT-OF-HOSPITAL NONRESUSCITATION
    12  Sec.
    13  5401-A.  Short title of chapter.
    14  5402-A.  Legislative findings and intent.
    15  5403-A.  Definitions.
    16  5404-A.  Orders, bracelets and necklaces.
    17  5405-A.  Revocation.
    18  5406-A.  Liability.
    19  5407-A.  Effect on suicide and life insurance.
    20  5408-A.  Order optional.
    21  5409-A.  Preservation of existing rights.
    22  5410-A.  Emergency medical services.
    23  5411-A.  Pregnancy.
    24  5412-A.  Penalties.
    25  5413-A.  Severability.
    26  § 5401-A.  Short title of chapter.
    27     This chapter shall be known and may be cited as the Do-Not-
    28  Resuscitate Act.
    29  § 5402-A.  Legislative findings and intent.
    30     The General Assembly finds and declares as follows:
    20010H0096B2022                  - 4 -

     1         (1)  Although cardiopulmonary resuscitation has saved the
     2     lives of individuals about to experience sudden, unexpected
     3     death, present medical data indicates that cardiopulmonary
     4     resuscitation rarely leads to prolonged survival in
     5     individuals with terminal illnesses in whom death is
     6     expected.
     7         (2)  In many circumstances, the performance of
     8     cardiopulmonary resuscitation may cause infliction of
     9     unwanted and unnecessary pain and suffering.
    10         (3)  Existing emergency medical services protocols may
    11     require emergency medical services personnel to proceed to
    12     cardiopulmonary resuscitation when an individual is found in
    13     a cardiac or respiratory arrest even if the individual has
    14     completed a living will or advance directive indicating that
    15     the individual does not wish to receive cardiopulmonary
    16     resuscitation.
    17         (4)  The administration of cardiopulmonary resuscitation
    18     by emergency medical services personnel to an individual with
    19     an out-of-hospital do-not-resuscitate order offends the
    20     dignity of the individual and conflicts with standards of
    21     accepted medical practice.
    22         (5)  This chapter provides clear direction to emergency
    23     medical services personnel and other health care providers in
    24     regard to the performance of cardiopulmonary resuscitation.
    25         (6)  Nothing in this chapter is intended to condone,
    26     authorize or approve mercy killing, euthanasia or aided
    27     suicide or to permit any affirmative or deliberate act or
    28     omission to end life other than as defined in this chapter.
    29  § 5403-A.  Definitions.
    30     The following words and phrases when used in this chapter
    20010H0096B2022                  - 5 -

     1  shall have the meanings given to them in this section unless the
     2  context clearly indicates otherwise:
     3     "Attending physician."  The physician who has primary
     4  responsibility for the treatment and care of the patient.
     5     "Bracelet."  An out-of-hospital do-not-resuscitate bracelet.
     6     "Cardiopulmonary resuscitation."  Cardiac compression,
     7  invasive airway techniques, artificial ventilation,
     8  defibrillation and other related procedures.
     9     "Declarant."  As defined in section 5403 (relating to
    10  definitions).
    11     "Declaration."  As defined in section 5403 (relating to
    12  definitions).
    13     "Department."  The Department of Health of the Commonwealth.
    14     "DNR."  Do not resuscitate.
    15     "Emergency medical services provider."  A health care
    16  provider recognized under the act of July 3, 1985 (P.L.164,
    17  No.45), known as the Emergency Medical Services Act. The term
    18  includes those individuals recognized under 42 Pa.C.S. § 8331.2
    19  (relating to good Samaritan civil immunity for use of automated
    20  external defibrillator).
    21     "EMS."  Emergency medical services.
    22     "Health care provider."  A person who is licensed or
    23  certified by the laws of this Commonwealth to administer health
    24  care in the ordinary course of business or practice of a
    25  profession. The term includes personnel recognized under the act
    26  of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical
    27  Services Act. The term includes those individuals recognized
    28  under 42 Pa.C.S. § 8331.2 (relating to good Samaritan civil
    29  immunity for use of automated external defibrillator).
    30     "Incompetent."  The lack of sufficient capacity for a person
    20010H0096B2022                  - 6 -

     1  to make or communicate decisions concerning himself.
     2     "Invasive airway technique."  Any advanced airway technique,
     3  including endotracheal intubation.
     4     "Life-sustaining treatment."  Any medical procedure or
     5  intervention that, when administered to a patient, will serve
     6  only to prolong the process of dying or to maintain the patient
     7  in a state of permanent unconsciousness. Life-sustaining
     8  treatment shall include nutrition and hydration administered by
     9  gastric tube or intravenously or any other artificial or
    10  invasive means if the order of the patient so specifically
    11  provides.
    12     "Medical command physician."  A licensed physician who is
    13  authorized to give medical command under the act of July 3, 1985
    14  (P.L.164, No.45), known as the Emergency Medical Services Act.
    15     "Necklace."  An out-of-hospital do-not-resuscitate necklace.
    16     "Order."  An out-of-hospital do-not-resuscitate order.
    17     "Out-of-hospital do-not-resuscitate bracelet."  A bracelet in
    18  the standard format set forth in section 5404-A (relating to
    19  orders, bracelets and necklaces), supplied by the department and
    20  issued by the attending physician, which may be worn, at the
    21  patient's option, to notify emergency medical services providers
    22  of the presence of an order.
    23     "Out-of-hospital do-not-resuscitate necklace."  A necklace in
    24  the standard format set forth in section 5404-A (relating to
    25  orders, bracelets and necklaces), supplied by the department and
    26  issued by the attending physician, which may be worn, at the
    27  patient's option, to notify emergency medical services providers
    28  of the presence of an order.
    29     "Out-of-hospital do-not-resuscitate order."  An order in the
    30  standard format set forth in section 5404-A (relating to orders,
    20010H0096B2022                  - 7 -

     1  bracelets and necklaces), supplied by the department and issued
     2  by the attending physician, directing emergency medical services
     3  providers to withhold cardiopulmonary resuscitation from the
     4  patient in the event of respiratory or cardiac arrest.
     5     "Out-of-hospital do-not-resuscitate patient."  Any of the
     6  following:
     7         (1)  An individual:
     8             (i)  who is in a terminal condition; and
     9             (ii)  who, pursuant to section 5404-A(a) (relating to
    10         orders, bracelets and necklaces), possesses and in any
    11         manner displays or causes to be displayed for emergency
    12         medical services providers an apparently valid order,
    13         bracelet or necklace.
    14         (2)  A declarant:
    15             (i)  whose declaration has become operative under
    16         section 5405(2) (relating to when declaration becomes
    17         operative); and
    18             (ii)  who, pursuant to section 5404-A(a), possesses
    19         and in any manner displays or causes to be displayed for
    20         emergency medical services providers an apparently valid
    21         order, bracelet or necklace.
    22     "Patient."  An out-of-hospital do-not-resuscitate patient.
    23     "Permanently unconscious."  A medical condition that has been
    24  diagnosed in accordance with currently accepted medical
    25  standards and with reasonable medical certainty as total and
    26  irreversible loss of consciousness and capacity for interaction
    27  with the environment. The term includes, without limitation, a
    28  persistent vegetative state or irreversible coma.
    29     "Person."  An individual, corporation, partnership,
    30  association or Federal, State or local government or
    20010H0096B2022                  - 8 -

     1  governmental agency.
     2     "Terminal condition."  An incurable and irreversible medical
     3  condition in an advanced state caused by injury, disease or
     4  physical illness which will, in the opinion of the attending
     5  physician, to a reasonable degree of medical certainty, result
     6  in death regardless of the continued application of life-
     7  sustaining treatment.
     8  § 5404-A.  Orders, bracelets and necklaces.
     9     (a)  Issuance.--An attending physician, upon the request of
    10  an individual who is at least 18 years of age, has graduated
    11  from high school or has married, or the individual's surrogate
    12  if the surrogate is so authorized, shall issue to the individual
    13  an order, and may issue at the request of the patient or the
    14  patient's surrogate a bracelet or necklace supplied by the
    15  department. The patient may, at the patient's option, wear the
    16  bracelet or display the order or necklace to notify emergency
    17  medical services providers of the patient's do-not-resuscitate
    18  status.
    19     (b)  Format of order.--The department shall, with the advice
    20  of the Pennsylvania Emergency Health Services Council and with
    21  the assistance of the regional emergency medical services
    22  councils, make available within 180 days of the effective date
    23  of this subsection standard orders for issuance to patients by
    24  attending physicians of this Commonwealth. The form of the order
    25  shall contain, but not be limited to, the following:
    26                       PENNSYLVANIA OUT-OF-HOSPITAL
    27                         DO-NOT-RESUSCITATE ORDER
    28         Patient's full legal name:
    29             I, the undersigned, state that I am the attending
    30         physician of the patient named above. The above-named
    20010H0096B2022                  - 9 -

     1         patient has requested this order and I have made the
     2         determination that this patient is in a terminal
     3         condition and eligible for an order.
     4             I direct any and all emergency medical services
     5         personnel, commencing on the effective date of this
     6         order, to withhold cardiopulmonary resuscitation (cardiac
     7         compression, invasive airway techniques, artificial
     8         ventilation, defibrillation and other related procedures)
     9         from the patient in the event of the patient's
    10         respiratory or cardiac arrest. I further direct such
    11         personnel to provide to the patient other medical
    12         interventions, such as intravenous fluids, oxygen or
    13         other therapies necessary to provide comfort care or to
    14         alleviate pain, unless directed otherwise by the patient
    15         or the emergency medical services provider's authorized
    16         medical command physician.
    17             Signature of attending physician:
    18             Printed name of attending physician:
    19             Dated:
    20             Attending physician's emergency telephone number:
    21             Signature of patient (if capable of making informed
    22         decisions):
    23             I, the undersigned, hereby direct that in the event
    24         of my cardiac and/or respiratory arrest, efforts at
    25         cardiopulmonary resuscitation not be initiated. I
    26         understand that I may revoke these directions at any time
    27         by giving verbal instructions to the emergency medical
    28         services providers, by physical cancellation or
    29         destruction of this form or my bracelet or necklace, or
    30         by simply not displaying this form or the bracelet or
    20010H0096B2022                 - 10 -

     1         necklace for my EMS caregivers.
     2             Signature of surrogate (if patient is incapable of
     3         making informed decisions):
     4             I, the undersigned, hereby certify that I am
     5         authorized to execute this order on the patient's behalf
     6         by virtue of having been designated as the patient's
     7         surrogate and/or by virtue of my relationship to the
     8         patient (specify relationship: _________________). I
     9         hereby direct that in the event of the patient's cardiac
    10         and/or respiratory arrest, efforts at cardiopulmonary
    11         resuscitation not be initiated.
    12     (c)  Format of bracelet.--The department shall, with the
    13  advice of the Pennsylvania Emergency Health Services Council and
    14  with the assistance of the regional emergency medical services
    15  councils, make available within 180 days of the effective date
    16  of this subsection standard bracelets for issuance to patients
    17  by attending physicians. The bracelets shall be uniform in
    18  design and shall, at a minimum, on the face clearly indicate
    19  OUT-OF-HOSPITAL DNR and the name of the patient and attending
    20  physician, as well as the dated signature of the attending
    21  physician.
    22     (d)  Format of necklace.--The department shall, with the
    23  advice of the Pennsylvania Emergency Health Services Council and
    24  with the assistance of the regional emergency medical services
    25  councils, make available within 180 days of the effective date
    26  of this subsection standard necklaces for issuance to patients
    27  by attending physicians. The necklaces shall be uniform in
    28  design and shall, at a minimum, on the face clearly indicate
    29  OUT-OF-HOSPITAL DNR and the name of the patient and attending
    30  physician, as well as the dated signature of the attending
    20010H0096B2022                 - 11 -

     1  physician.
     2  § 5405-A.  Revocation.
     3     (a)  Patient.--If a patient has obtained an order, only the
     4  patient may revoke the patient's DNR status.
     5     (b)  Surrogate.--If a surrogate has obtained an order, the
     6  patient or the surrogate may revoke the patient's status.
     7     (c)  Manner.--Revocation under this section may be done at
     8  any time without regard to the patient's physical or mental
     9  condition and in any manner, including verbally or by destroying
    10  or not displaying the order, bracelet or necklace.
    11  § 5406-A.  Liability.
    12     (a)  General rule.--No physician, emergency medical services
    13  provider or other health care provider who, consistent with this
    14  chapter, causes or participates in the initiating, continuing,
    15  withholding or withdrawal of life-sustaining treatment or
    16  cardiopulmonary resuscitation from a patient shall, as a result
    17  of such action, be subject to criminal or civil liability or be
    18  found to have committed an act of unprofessional conduct if the
    19  attending physician, health care provider or emergency medical
    20  services provider has followed the patient's expressed wishes in
    21  the form of a declaration, order or revocation, executed
    22  pursuant to this chapter.
    23     (b)  Absence of order, bracelet or necklace.--The absence of
    24  an order, bracelet or necklace by a patient shall not give rise
    25  to any presumption as to the intent of the patient to consent to
    26  or to refuse the initiation, continuation or termination of
    27  life-sustaining treatment.
    28  § 5407-A.  Effect on suicide and life insurance.
    29     (a)  Criminal effect.--The withholding or withdrawal of life-
    30  sustaining treatment from a patient in accordance with the
    20010H0096B2022                 - 12 -

     1  provisions of this chapter shall not, for any purpose,
     2  constitute suicide or homicide.
     3     (b)  Life insurance.--The making of or failure to make an
     4  order in accordance with this chapter shall not affect in any
     5  manner the sale, procurement or issuance of any policy of life
     6  insurance nor shall it be deemed to modify the terms of an
     7  existing policy of life insurance. No policy of life insurance
     8  shall be legally impaired or invalidated in any manner by the
     9  withholding or withdrawal of life-sustaining treatment from an
    10  insured patient, notwithstanding any term of the policy to the
    11  contrary.
    12  § 5408-A.  Order optional.
    13     No physician or other health care provider and no health care
    14  service plan, health maintenance organization, insurer issuing
    15  disability insurance, self-insured employee welfare benefit
    16  plan, nonprofit hospital plan or Federal, State or local
    17  government sponsored or operated program may:
    18         (1)  require any person to execute an order as a
    19     condition for being insured for or receiving health care
    20     services; or
    21         (2)  charge any person a different rate or fee whether or
    22     not the person executes or has executed an order.
    23  § 5409-A.  Preservation of existing rights.
    24     The provisions of this chapter shall not impair or supersede
    25  any existing rights or responsibilities not addressed in this
    26  chapter.
    27  § 5410-A.  Emergency medical services.
    28     (a)  Medical command instructions.--Notwithstanding the
    29  absence of an order, bracelet or necklace pursuant to this
    30  section, emergency medical services providers shall at all times
    20010H0096B2022                 - 13 -

     1  comply with the instructions of an authorized medical command
     2  physician to withhold or discontinue resuscitation.
     3     (b)  Effect of order, bracelet or necklace.--
     4         (1)  Emergency medical services providers are authorized
     5     to, and shall, comply with an order if made aware of the
     6     order by examining a bracelet, a necklace or the order
     7     itself.
     8         (2)  Emergency medical services providers shall provide
     9     other medical interventions necessary and appropriate to
    10     provide comfort and alleviate pain, including intravenous
    11     fluids, medications, oxygen and any other intervention
    12     appropriate to the level of the certification of the
    13     provider, unless otherwise directed by the patient or the
    14     emergency medical services provider's authorized medical
    15     command physician.
    16         (3)  As used in this subsection, the term "comply" means:
    17             (i)  to withhold cardiopulmonary resuscitation from
    18         the patient in the event of respiratory or cardiac
    19         arrest; or
    20             (ii)  to discontinue and cease cardiopulmonary
    21         resuscitation in the event the emergency medical services
    22         provider is presented with an order or discovers a
    23         necklace or bracelet after initiating cardiopulmonary
    24         resuscitation.
    25     (c)  Uncertainty regarding validity or applicability of
    26  order, bracelet or necklace.--
    27         (1)  Emergency medical services providers who in good
    28     faith are uncertain about the validity or applicability of an
    29     order, bracelet or necklace shall render care in accordance
    30     with their level of certification.
    20010H0096B2022                 - 14 -

     1         (2)  Emergency medical services providers who act under
     2     paragraph (1) shall not be subject to civil or criminal
     3     liability or administrative sanction for failure to comply
     4     with an order under this section.
     5     (d)  Recognition of other states' orders.--Emergency medical
     6  services or out-of-hospital DNR orders, bracelets or necklaces
     7  valid in states other than this Commonwealth shall be recognized
     8  in this Commonwealth to the extent that these orders, bracelets
     9  or necklaces are consistent with the laws of this Commonwealth.
    10  Emergency medical services providers shall act in accordance
    11  with the provisions of this section when encountering a patient
    12  with an apparently valid EMS or out-of-hospital DNR form,
    13  bracelet or necklace issued by another state. Emergency medical
    14  services providers acting in good faith under this section shall
    15  be entitled to the same immunities and protections that would
    16  otherwise be applicable.
    17  § 5411-A.  Pregnancy.
    18     (a)  General rule.--Notwithstanding the existence of an order
    19  or direction to the contrary, life-sustaining treatment,
    20  cardiopulmonary resuscitation, nutrition and hydration must be
    21  provided to a pregnant patient unless, to a reasonable degree of
    22  medical certainty as certified on the patient's medical record
    23  by the attending physician and an obstetrician who has examined
    24  the patient, life-sustaining treatment, nutrition and hydration:
    25         (1)  will not maintain the pregnant patient in such a way
    26     as to permit the continuing development and live birth of the
    27     unborn child;
    28         (2)  will be physically harmful to the pregnant patient;
    29     or
    30         (3)  would cause pain to the pregnant patient which
    20010H0096B2022                 - 15 -

     1     cannot be alleviated by medication.
     2     (b)  Pregnancy test.--Nothing in this section shall require a
     3  physician to perform a pregnancy test unless the physician has
     4  reason to believe that the patient may be pregnant.
     5     (c)  Payment of expenses by Commonwealth.--
     6         (1)  In the event that treatment, cardiopulmonary
     7     resuscitation, nutrition or hydration are provided to a
     8     pregnant patient, notwithstanding the existence of an order
     9     or direction to the contrary, the Commonwealth shall pay all
    10     usual, customary and reasonable expenses directly and
    11     indirectly incurred by the pregnant patient to whom such
    12     treatment, nutrition and hydration are provided.
    13         (2)  The Commonwealth shall have the right of subrogation
    14     against all moneys paid by any third-party health insurer on
    15     behalf of the pregnant patient.
    16         (3)  The expenditures incurred on behalf of the pregnant
    17     patient shall constitute a grant and no lien shall be placed
    18     upon the property of the pregnant patient, her estate or her
    19     heirs.
    20  § 5412-A.  Penalties.
    21     Any person who intentionally conceals, cancels, defaces,
    22  obliterates or damages the order, bracelet or necklace of
    23  another without the consent of the patient commits a felony of
    24  the third degree. Any person who falsifies or forges the order,
    25  bracelet or necklace of another, or conceals or withholds
    26  personal knowledge of a revocation as provided in section 5405-A
    27  (relating to revocation), with the intent to cause a withholding
    28  or withdrawal of life-sustaining treatment contrary to the
    29  wishes of the patient and, because of such an act, directly
    30  causes life-sustaining treatment to be withheld or withdrawn and
    20010H0096B2022                 - 16 -

     1  death to be hastened shall be subject to prosecution for
     2  criminal homicide as provided in 18 Pa.C.S. Ch. 25 (relating to
     3  criminal homicide). Any person who intentionally, by undue
     4  influence, fraud or duress, causes a person to execute an order
     5  pursuant to this chapter commits a felony of the third degree.
     6  § 5413-A.  Severability.
     7     The provisions of this chapter are severable, and, if any
     8  word, phrase, clause, sentence, section or provision of this
     9  chapter is for any reason held to be unconstitutional, the
    10  decision of the court shall not affect or impair any of the
    11  remaining provisions of this chapter. It is hereby declared as
    12  the legislative intent that this chapter would have been adopted
    13  had such unconstitutional word, phrase, clause, sentence,
    14  section or provision thereof not been included herein.
    15     Section 4.  The Department of Health shall, with the advice
    16  of the Pennsylvania Emergency Health Services Council and with
    17  the assistance of the regional emergency medical services
    18  councils, develop and make available to health care providers
    19  recognized under the act of July 3, 1985 (P.L.164, No.45), known
    20  as the Emergency Medical Services Act, including those
    21  individuals recognized under 42 Pa.C.S. § 8331.2, within 180
    22  days of the effective date of this act, educational materials
    23  relating to the implementation of the provisions of this act.
    24  The department shall also cause the requirements of this act to
    25  be included as part of the curricula for health care providers
    26  recognized under the Emergency Medical Services Act.
    27     Section 5.  The Department of Health may contract with any
    28  public or private entity to facilitate all or part of its
    29  responsibilities under 20 Pa.C.S. Ch. 54 or 54-A.
    30     Section 6.  The Department of Health, upon the conclusion of
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     1  at least one public hearing, shall publish interim regulations
     2  in the Pennsylvania Bulletin within 120 days of the effective
     3  date of this act. The interim regulations shall not be subject
     4  to the act of July 31, 1968 (P.L.769, No.240), referred to as
     5  the Commonwealth Documents Law, or to the act of June 25, 1982
     6  (P.L.633, No.181), known as the Regulatory Review Act. The
     7  interim regulations shall be effective until final regulations
     8  are promulgated by the department. Final regulations shall be
     9  promulgated no later than 18 months following the effective date
    10  of this act.
    11     Section 7.  This act shall take effect in 60 days.













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