PRINTER'S NO. 643
No. 608 Session of 1999
INTRODUCED BY SCHWARTZ, BOSCOLA AND KITCHEN, MARCH 17, 1999
REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 17, 1999
AN ACT
1 Requiring practitioners of the healing arts to disclose their
2 prenatal diagnosis policy to patients; imposing civil
3 penalties; and providing for private rights of action.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Prenatal
8 Diagnosis Disclosure Policy Act.
9 Section 2. Practitioners of healing arts required to make
10 disclosures.
11 A practitioner of the healing arts in this Commonwealth
12 shall, prior to the acceptance of a patient for gynecologic or
13 obstetric care, disclose to the patient, verbally and in
14 writing, when it is the policy of that practitioner to withhold
15 genetic counseling or screening, prenatal screening or prenatal
16 diagnostic exams or information as to the appropriateness or
17 availability of those services.
18 Section 3. Enforcement.
1 It shall be the duty of the appropriate licensing boards in
2 the Bureau of Professional and Occupational Affairs of the
3 Department of State to enforce this act.
4 Section 4. Civil penalty.
5 A person who violates this act shall be liable to the
6 Commonwealth for a civil penalty of $10,000.
7 Section 5. Private right of action.
8 A violation of this act shall create in the patient a private
9 right of action for damages, including extraordinary medical
10 expenses incurred and emotional distress inflicted as a result
11 of the nondisclosure.
12 Section 6. Effective date.
13 This act shall take effect in 60 days.
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