PRINTER'S NO. 1563
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1500
Session of
2021
INTRODUCED BY KLUNK, RAPP, BERNSTINE, BOROWICZ, DIAMOND, ECKER,
FEE, FRITZ, GILLEN, GLEIM, GREINER, GROVE, HAMM, HEFFLEY,
HERSHEY, HICKERNELL, JAMES, JONES, KAIL, KAUFFMAN, KERWIN,
KNOWLES, KULIK, LEWIS DELROSSO, MERCURI, METCALFE, B. MILLER,
MIZGORSKI, MOUL, E. NELSON, O'NEAL, OBERLANDER, ORTITAY,
OWLETT, PENNYCUICK, PICKETT, ROAE, ROTHMAN, ROWE, RYAN,
SANKEY, SAYLOR, SCHEMEL, SCHMITT, STAATS, STAMBAUGH,
TOMLINSON, TOPPER, TWARDZIK, WENTLING AND ZIMMERMAN,
MAY 19, 2021
REFERRED TO COMMITTEE ON HEALTH, MAY 19, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in abortion, further providing for
definitions, for medical consultation and judgment and for
reporting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3203 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 3203. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Down syndrome." A chromosome disorder associated with an
extra chromosome 21, in whole or in part, or an effective
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trisomy for chromosome 21.
* * *
Section 2. Section 3204(c) and (d) of Title 18 are amended
to read:
§ 3204. Medical consultation and judgment.
* * *
(c) Factors.--
(1) In determining in accordance with subsection (a) or
(b) whether an abortion is necessary, a physician's best
clinical judgment may be exercised in the light of all
factors (physical, emotional, psychological, familial and the
woman's age) relevant to the well-being of the woman. [No
abortion which]
(2) An abortion shall not be deemed a necessary abortion
if any of the following apply:
(i) The abortion is sought [solely] because of the
sex of the unborn child [shall be deemed a necessary
abortion].
(ii) The abortion is sought because the unborn child
receives a prenatal diagnosis of Down syndrome.
(d) Penalty.--[Any]
(1) Except as provided under paragraph (2), a person who
intentionally, knowingly or recklessly violates the
provisions of this section commits a felony of the third
degree, and any physician who violates the provisions of this
section is guilty of "unprofessional conduct" and his license
for the practice of medicine and surgery shall be [subject to
suspension or revocation] revoked in accordance with
procedures provided under the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
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Act, the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985, or their successor acts.
(2) A woman upon whom an abortion is performed or
induced or attempted to be performed in violation of the
provisions of this section shall not be guilty of any of the
following:
(i) Violating the provisions of this section.
(ii) Attempting to commit, conspiring to commit or
being complicit in committing a violation of the
provisions of this section.
Section 3. Section 3214(a) of Title 18 is amended by adding
a paragraph to read:
§ 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:
* * *
(7.1) Written acknowledgment by the physician who
performed the abortion that the woman is not seeking the
abortion, in whole or in part, because of any of the
following:
(i) The sex of the unborn child.
(ii) A test result indicating Down syndrome in the
unborn child.
(iii) A prenatal diagnosis of Down syndrome in the
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unborn child.
(iv) An indication that the unborn child has Down
syndrome.
* * *
Section 4. This act shall take effect in 60 days.
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