PRINTER'S NO. 644
No. 609 Session of 1999
INTRODUCED BY SCHWARTZ AND KITCHEN, MARCH 17, 1999
REFERRED TO JUDICIARY, MARCH 17, 1999
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for informed 3 consent; and deleting provisions relating to parental 4 consent, spousal notification and restrictions on the 5 performance of abortions in publicly owned facilities and 6 State payments for abortions. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 3205 of Title 18 of the Pennsylvania 10 Consolidated Statutes is amended to read: 11 § 3205. Informed consent. 12 (a) General rule.--[No] Except in the case of a medical 13 emergency, no abortion shall be performed or induced except with 14 the voluntary and informed consent of the woman upon whom the 15 abortion is to be performed or induced. [Except in the case of a 16 medical emergency, consent to an abortion is voluntary and 17 informed if and only if: 18 (1) At least 24 hours prior to the abortion, the 19 physician who is to perform the abortion or the referring
1 physician has orally informed the woman of: 2 (i) The nature of the proposed procedure or 3 treatment and of those risks and alternatives to the 4 procedure or treatment that a reasonable patient would 5 consider material to the decision of whether or not to 6 undergo the abortion. 7 (ii) The probable gestational age of the unborn 8 child at the time the abortion is to be performed. 9 (iii) The medical risks associated with carrying her 10 child to term. 11 (2) At least 24 hours prior to the abortion, the 12 physician who is to perform the abortion or the referring 13 physician, or a qualified physician assistant, health care 14 practitioner, technician or social worker to whom the 15 responsibility has been delegated by either physician, has 16 informed the pregnant woman that: 17 (i) The department publishes printed materials which 18 describe the unborn child and list agencies which offer 19 alternatives to abortion and that she has a right to 20 review the printed materials and that a copy will be 21 provided to her free of charge if she chooses to review 22 it. 23 (ii) Medical assistance benefits may be available 24 for prenatal care, childbirth and neonatal care, and that 25 more detailed information on the availability of such 26 assistance is contained in the printed materials 27 published by the department. 28 (iii) The father of the unborn child is liable to 29 assist in the support of her child, even in instances 30 where he has offered to pay for the abortion. In the case 19990S0609B0644 - 2 -
1 of rape, this information may be omitted. 2 (3) A copy of the printed materials has been provided to 3 the pregnant woman if she chooses to view these materials. 4 (4) The pregnant woman certifies in writing, prior to 5 the abortion, that the information required to be provided 6 under paragraphs (1), (2) and (3) has been provided.] 7 (b) Emergency.--Where a medical emergency compels the 8 performance of an abortion, the physician shall inform the 9 woman[,] prior to the abortion, if possible, of the medical 10 indications supporting his judgment that an abortion is 11 necessary. [to avert her death or to avert substantial and 12 irreversible impairment of major bodily function. 13 (c) Penalty.--Any physician who violates the provisions of 14 this section is guilty of "unprofessional conduct" and his 15 license for the practice of medicine and surgery shall be 16 subject to suspension or revocation in accordance with 17 procedures provided under the act of October 5, 1978 (P.L.1109, 18 No.261), known as the Osteopathic Medical Practice Act, the act 19 of December 20, 1985 (P.L.457, No.112), known as the Medical 20 Practice Act of 1985, or their successor acts. Any physician who 21 performs or induces an abortion without first obtaining the 22 certification required by subsection (a)(4) or with knowledge or 23 reason to know that the informed consent of the woman has not 24 been obtained shall for the first offense be guilty of a summary 25 offense and for each subsequent offense be guilty of a 26 misdemeanor of the third degree. No physician shall be guilty of 27 violating this section for failure to furnish the information 28 required by subsection (a) if he or she can demonstrate, by a 29 preponderance of the evidence, that he or she reasonably 30 believed that furnishing the information would have resulted in 19990S0609B0644 - 3 -
1 a severely adverse effect on the physical or mental health of 2 the patient. 3 (d) Limitation on civil liability.--Any physician who 4 complies with the provisions of this section may not be held 5 civilly liable to his patient for failure to obtain informed 6 consent to the abortion within the meaning of that term as 7 defined by the act of October 15, 1975 (P.L.390, No.111), known 8 as the Health Care Services Malpractice Act.] 9 Section 2. Sections 3206, 3209 and 3215 of Title 18 are 10 repealed. 11 Section 3. This act shall take effect immediately. L15L18DMS/19990S0609B0644 - 4 -