PRINTER'S NO. 912
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
924
Session of
2023
INTRODUCED BY SOLOMON, WAXMAN, MADDEN, STEELE, SANCHEZ, CEPHAS,
PROBST, SCHLOSSBERG, HILL-EVANS, SHUSTERMAN, OTTEN AND
O'MARA, APRIL 17, 2023
REFERRED TO COMMITTEE ON HEALTH, APRIL 17, 2023
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the Women's
Reproductive Health Care Compact to protect women's
reproductive health care services; providing for the form of
the compact; and imposing additional powers and duties on the
Governor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Women's
Reproductive Health Care Compact Act.
Section 2. Authority to execute compact.
The Governor of Pennsylvania, on behalf of this State, is
authorized to execute a compact in substantially the following
form with any one or more of the states, districts or
territories of the United States, and the General Assembly
signifies in advance its approval and ratification of the
compact:
ARTICLE 1
MEMBERSHIP
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A state, district or territory of the United States of
America may become a member state of this compact by enacting
this compact.
ARTICLE 2
DEFINITIONS
As used in this compact:
"Member state." A state, district or territory of the United
States of America, that has entered into this compact.
"Reproductive health care services." A medical, surgical,
counseling or referral service relating to the human
reproductive system, including services relating to pregnancy or
the termination of a pregnancy.
ARTICLE 3
FINDINGS
The member states find that:
(1) In 1973, Roe v. Wade articulated the protection
under the Constitution of the United States of a woman's
fundamental right to make reproductive health care decisions.
(2) Today, the fundamental right of a woman to make
reproductive health care decisions has been denied to
millions of women across the United States.
(3) In states that are banning or severely restricting
abortion care, access to reproductive health care services is
now threatened.
(4) States must collect data, protect women's
reproductive health care service delivery and find ways to
work with neighboring states to protect and defend
reproductive rights.
ARTICLE 4
PROHIBITIONS
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A member state shall work with other member states to:
(1) Prevent the extradition or investigation of an
individual or entity involved in the provision or receipt of
women's reproductive health care services.
(2) Prevent the disclosure of records or permitting
civil discovery orders for the provision or receipt of
women's reproductive health care services.
(3) Prevent negative licensing actions or malpractice
insurance increases and clawback lawsuits against individuals
or entities for the provision or receipt of women's
reproductive health care services.
(4) Prohibit collection of data on:
(i) The number of individuals seeking women's
reproductive health care services.
(ii) The domicile of an individual seeking women's
reproductive health care services.
(iii) The form of actions taken against women and
their medical providers for seeking out-of-state
reproductive health care services.
(iv) Barriers identified by women seeking out-of-
state reproductive health care services, including costs
for transportation, lodging, food and child care and any
other relevant issues.
ARTICLE 5
EXCLUSIONS
The following are not subject to this compact:
(1) The collection of data not relating to women's
reproductive health care services.
(2) The collection of information which would constitute
a violation of:
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(i) The Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 110 Stat.
1936).
(ii) Any Federal or state privacy law.
ARTICLE 6
WITHDRAWAL
Any member state may withdraw from this compact with six
months' written notice to the chief executive officer of every
other member state to the compact.
ARTICLE 7
ENFORCEMENT
The attorney general of each member state shall enforce this
compact. A taxpaying resident of any member state has standing
in the courts of any member state to require the attorney
general of that member state to enforce this compact.
ARTICLE 8
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate
its purposes. If any provision of this compact, or the
applicability of any provision of this compact to any
government, agency, person or circumstance, is declared in a
final judgment by a court of competent jurisdiction to be
contrary to the Constitution of the United States or is
otherwise held invalid, the validity of the remainder of this
compact and the applicability of the remainder of this compact
to any government, agency, person or circumstance shall not be
affected. If this compact is held to be contrary to the
constitution of any member state, the compact shall remain in
full force and effect as to the remaining member states and in
full force and effect as to the affected member state as to all
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severable matters.
Section 3. Operation.
(a) General rule.--When the Governor executes the Women's
Reproductive Health Care Compact on behalf of this State and
files a verified copy with the Secretary of the Commonwealth and
when the compact is ratified by one or more other states,
districts or territories of the United States, the compact shall
become operative and effective between this State and the other
states, districts or territories of the United States. The
Governor is authorized and directed to take action as may be
necessary to complete the exchange of official documents between
this State and any other state, district or territory of the
United States ratifying the compact.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall transmit a notice to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin when the conditions specified in
subsection (a) are satisfied and shall include in the notice the
date on which the compact became effective and operative between
this State and any other states, districts or territories of the
United States in accordance with this act.
Section 4. Effective date.
This act shall take effect in 60 days.
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