HB 1644 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, establishing the Reproductive Health Services Address Confidentiality Program; and imposing penalties.

PRINTER'S NO.   1994

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1644
                                                 Session of
                                                   2025

     INTRODUCED BY DALEY, SHUSTERMAN, OTTEN, HILL-EVANS, RIVERA,
        SANCHEZ, WAXMAN, SCHLOSSBERG, HOWARD, VENKAT, PROBST, PIELLI,
        GUENST, ISAACSON, HOHENSTEIN, D. WILLIAMS, BRENNAN AND
        BOROWSKI, JUNE 23, 2025

     REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS AND
        OPERATIONS, JUNE 23, 2025


                                     AN ACT
 1   Amending Title 35 (Health and Safety) of the Pennsylvania
 2      Consolidated Statutes, in public safety, establishing the
 3      Reproductive Health Services Address Confidentiality Program;
 4      and imposing penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Part III of Title 35 of the Pennsylvania
 8   Consolidated Statutes is amended by adding a chapter to read:
 9                                 CHAPTER 58A
10                       REPRODUCTIVE HEALTH SERVICES
11                           ADDRESS CONFIDENTIALITY
12   Sec.
13   58A01.   Scope of chapter.
14   58A02.   Definitions.
15   58A03.   Establishment and administration of program.
16   58A04.   Eligibility to apply for program participation.
17   58A05.   Application and certification process.
 1   58A06.   Cancellation, expiration and voluntary withdrawal of
 2               certifications.
 3   58A07.   Acceptance of substitute addresses by State and local
 4               government entities.
 5   58A08.   Disclosure of actual addresses.
 6   58A09.   Waiver process.
 7   58A10.   Emergency disclosure.
 8   58A11.   Penalties.
 9   58A12.   Civil immunity.
10   58A13.   Guidelines and regulations.
11   § 58A01.   Scope of chapter.
12      This chapter relates to reproductive health services address
13   confidentiality.
14   § 58A02.   Definitions.
15      The following words and phrases when used in this chapter
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      "Actual address."      A residential address, school address or
19   work address of an individual.
20      "Department."      The Department of Health of the Commonwealth.
21      "Eligible person."      A person specified under section 58A04
22   (relating to eligibility to apply for program participation).
23      "Law enforcement agency."      A municipal police department, the
24   Pennsylvania State Police, a district attorney's office or the
25   Office of Attorney General.
26      "Program."   The Reproductive Health Services Address
27   Confidentiality Program established under section 58A03
28   (relating to establishment and administration of program).
29      "Program participant."      A person certified by the department
30   as eligible to participate in the program.

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 1      "Reproductive health service provider."      A public or private
 2   hospital, clinic, center, medical school, medical training
 3   institution, health care facility, physician's office,
 4   infirmary, dispensary, ambulatory surgical treatment center or
 5   other institution or location that provides reproductive health
 6   services, including an employee, volunteer or contractor of the
 7   provider of the reproductive health services.
 8      "Reproductive health services."      Medical, surgical,
 9   counseling or referral services relating to the human
10   reproductive system, including services relating to pregnancy,
11   contraception or the termination of pregnancy.
12      "Substitute address."     The official address of the department
13   or a confidential address designated by the department.
14   § 58A03.    Establishment and administration of program.
15      (a)     Establishment.--The Reproductive Health Services Address
16   Confidentiality Program is established within the department.
17   Upon filing an application and certification by the department
18   under section 58A05 (relating to application and certification
19   process), a program participant shall receive a confidential
20   substitute address provided by the department, which shall
21   utilize a post office box number.
22      (b)     Administration.--The department shall forward all of a
23   program participant's first class, registered and certified mail
24   to the program participant at no expense to the program
25   participant within three business days of receipt of the mail.
26   The department may arrange to receive and forward other classes
27   or kinds of the program participant's mail at the program
28   participant's expense.
29      (c)     Notice.--Upon certification by the department under
30   section 58A05(b), the department shall provide a notice of

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 1   participation and the program participant's substitute address
 2   to appropriate officials involved in an ongoing civil or
 3   criminal case in which the program participant is a victim,
 4   witness, plaintiff or defendant.
 5      (d)     Records.--All records relating to an eligible person who
 6   submits an application under section 58A05(a) or a program
 7   participant shall be the property of the department. The
 8   department shall keep the records confidential, including a
 9   record relating to an application filed under section 58A05(a),
10   a program participant's actual address or a waiver process under
11   section 58A09 (relating to waiver process), and shall not be
12   subject to access under the act of February 14, 2008 (P.L.6,
13   No.3), known as the Right-to-Know Law, except to a law
14   enforcement agency as necessary for the prosecution of an
15   offense under section 58A11 (relating to penalties).
16   § 58A04.    Eligibility to apply for program participation.
17      Any of following may submit an application to the department
18   to become a program participant:
19            (1)   A reproductive health service provider or a patient
20      of the reproductive health service provider who files an
21      affidavit with the department stating that the affiant fears
22      a future violent act by the affiant's assailant, including a
23      description of the assailant's violent act or threatened
24      violent act toward the affiant, or that the affiant fears a
25      violent act from another individual.
26            (2)   A person who is a member of the same household as a
27      program participant.
28            (3)   A program participant who notifies the department of
29      the program participant's intent to continue in the program
30      before the expiration of the certification under section

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 1      58A05(b) (relating to application and certification process).
 2   § 58A05.    Application and certification process.
 3      (a)     Process.--An eligible person may file an application
 4   with the department on a form prescribed by the department to
 5   become a program participant. The department shall certify an
 6   eligible person who submits an application under this subsection
 7   as a program participant in accordance with subsection (b).
 8   Certification as a program participant shall be valid for a
 9   period of three years after the date of certification by the
10   department unless the certification is voluntarily withdrawn or
11   canceled under section 58A06 (relating to cancellation,
12   expiration and voluntary withdrawal of certifications) before
13   the expiration of the three-year period.
14      (b)     Certification.--The department shall certify an eligible
15   person who submits an application under subsection (a) as a
16   program participant if all of the following apply:
17            (1)   The eligible person designates the department as an
18      agent for the purpose of receiving service of process.
19            (2)   The application contains the eligible person's
20      actual address and telephone number where the eligible person
21      can be contacted.
22            (3)   The application contains a list of all pending civil
23      and criminal proceedings in which the eligible person is a
24      victim, witness, plaintiff or defendant and, if applicable,
25      the eligible person's involvement with the Pennsylvania
26      Parole Board or a county office of probation and parole.
27            (4)   The application contains a statement signed by the
28      eligible person affirming that the information provided by
29      the eligible person is true to the best of the eligible
30      person's information, knowledge and belief.

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 1            (5)   The application contains a statement signed by the
 2      eligible person acknowledging that the eligible person has a
 3      continuing duty to notify the department of a change in the
 4      information provided to the department in accordance with
 5      this chapter for the duration of participation in the
 6      program.
 7            (6)   The application contains the date, the eligible
 8      person's signature and the signature of any person who
 9      assisted in the preparation of the application.
10      (c)     Participation card.--Upon certifying an eligible person
11   for program participation, the department shall issue a program
12   participation card to the program participant with a substitute
13   address.
14   § 58A06.    Cancellation, expiration and voluntary withdrawal of
15                  certifications.
16      (a)     Cancellation.--The department shall cancel the
17   certification of a program participant under section 58A05(b)
18   (relating to application and certification process) if any of
19   the following apply:
20            (1)   The program participant willingly provided false
21      information on the application under section 58A05(a).
22            (2)   The program participant failed to notify the
23      department within 10 days of a name change or an address
24      change.
25            (3)   The program participant's mail is returned to the
26      department as nondeliverable.
27      (b)     Expiration.--Certification as a program participant
28   under section 58A05(b) shall be valid for a period of three
29   years after the date of certification by the department. The
30   department shall send a written notification of pending

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 1   expiration to a program participant's last known actual address
 2   no later than 30 days before the expiration of the
 3   certification.
 4      (c)     Withdrawal.--A program participant may withdraw from
 5   participation in the program at any time by notifying the
 6   department in writing.
 7      (d)     Effect of cancellation, expiration or withdrawal.--
 8   Notwithstanding the provisions of this section, an eligible
 9   person may reapply for participation in the program.
10   § 58A07.    Acceptance of substitute addresses by State and local
11                  government entities.
12      A State or local government entity shall accept the
13   substitute address designated on a valid program participation
14   card issued to the program participant by the department as the
15   program participant's address except if any of the following
16   apply:
17            (1)   The State or local government entity has been
18      granted a waiver under section 58A09 (relating to waiver
19      process).
20            (2)   The program participant is any of the following:
21                  (i)    A released offender complying with the
22            requirements of the Pennsylvania Parole Board or a county
23            office of probation and parole.
24                  (ii)    A convicted sexual offender who has fulfilled
25            the offender's sentence, but is required to register the
26            offender's community residence as required under 42
27            Pa.C.S. Ch. 97 Subch. H (relating to registration of
28            sexual offenders) or I (relating to continued
29            registration of sexual offenders) or any similar
30            registration requirement imposed by any other

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 1            jurisdiction.
 2   § 58A08.    Disclosure of actual addresses.
 3      The department may not disclose the actual address of a
 4   program participant except to any of the following:
 5            (1)   A State or local government entity that has been
 6      granted a waiver by the department if the disclosure is made
 7      in accordance with section 58A09 (relating to waiver
 8      process).
 9            (2)   A State or local government entity when disclosure
10      is determined by the department to be required due to an
11      emergency if the disclosure is made in accordance with
12      section 58A10 (relating to emergency disclosure).
13            (3)   A person identified in an order of court of
14      competent jurisdiction directing the department to disclose
15      the program participant's actual address if the disclosure is
16      made in accordance with the order.
17   § 58A09.    Waiver process.
18      (a)     Requests for waivers.--A State or local government
19   entity seeking the disclosure of a program participant's actual
20   address shall make the request in writing on the State or local
21   government entity's letterhead to the department and provide the
22   department with all of the following information:
23            (1)   The name of the program participant.
24            (2)   A statement explaining the reason why the State or
25      local government entity needs the program participant's
26      actual address and a statement that the State or local
27      government entity cannot meet its statutory or administrative
28      obligations without disclosure of the program participant's
29      actual address.
30            (3)   A statement of facts showing that other methods to

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 1      locate the program participant or the program participant's
 2      actual address have been tried and have failed or that the
 3      other methods reasonably appear to be unlikely to succeed.
 4            (4)   A statement that the State or local government
 5      entity has adopted a procedure detailing the steps that the
 6      State or local government entity will take to protect the
 7      confidentiality of the program participant's actual address.
 8      (b)   Notice to program participants.--
 9            (1)   Except as provided under paragraph (3), the
10      department shall provide a program participant with notice of
11      a request for a waiver under subsection (a). To the extent
12      possible, the department shall afford the program participant
13      with an opportunity to be heard regarding the request.
14            (2)   Except as provided in paragraph (3), the department
15      shall provide a program participant with a written
16      notification whenever a request for a waiver under subsection
17      (a) has been granted or denied under subsection (d).
18            (3)   The department may not provide a program participant
19      with a notice or opportunity to be heard under paragraph (1)
20      or (2) when the request for disclosure is made by a law
21      enforcement agency conducting a criminal investigation
22      involving alleged criminal conduct by the program participant
23      or when providing notice to the program participant would
24      jeopardize an ongoing criminal investigation or the safety of
25      law enforcement agency personnel.
26      (c)   Review of requests for waivers.--The department shall
27   promptly conduct a review of a request for a waiver under
28   subsection (a). In conducting the review, the department shall
29   consider all information received under subsections (a) and (b)
30   and any other appropriate information that the department deems

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 1   necessary.
 2      (d)   Criteria for granting waivers.--The department shall
 3   grant a State or local government entity's request for a waiver
 4   under subsection (a) and release a program participant's actual
 5   address if all of the following apply:
 6            (1)   The State or local government entity has a bona fide
 7      statutory or administrative need for the actual address.
 8            (2)   The actual address will only be used for the purpose
 9      stated in the request.
10            (3)   Other methods to locate the program participant or
11      the program participant's actual address have been tried and
12      have failed or the other methods reasonably appear to be
13      unlikely to succeed.
14            (4)   The State or local government entity has adopted a
15      procedure for protecting the confidentiality of the actual
16      address of the program participant.
17      (e)   Forms of waivers.--Upon granting a request for waiver
18   under subsection (d), the department shall provide the State or
19   local government entity receiving the waiver with a form
20   containing all of the following:
21            (1)   The program participant's actual address.
22            (2)   A statement detailing the permitted use of the
23      actual address and the names or classes of persons permitted
24      to have access to and use of the actual address.
25            (3)   A statement that the State or local government
26      entity is required to limit access to and use of the actual
27      address to the permitted use and persons specified under
28      paragraph (2).
29            (4)   The date on which the waiver expires if the
30      permitted use makes the expiration appropriate. After the

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 1      expiration of the waiver, the State or local government
 2      entity may not continue to maintain, use or have access to
 3      the actual address.
 4      (f)   State or local government entity requirements.--A State
 5   or local government entity that is granted a request for a
 6   waiver under subsection (d) shall comply with all of the
 7   following:
 8            (1)   Limit the use of the program participant's actual
 9      address to the purposes stated on the waiver.
10            (2)   Limit access to the program participant's actual
11      address to the persons or classes of persons stated in the
12      waiver.
13            (3)   Cease to use and dispose of the program
14      participant's actual address upon the expiration of the
15      waiver.
16            (4)   Except as otherwise stated in the waiver, maintain
17      the confidentiality of the program participant's actual
18      address.
19      (g)   Denial of requests for waivers.--Upon denial of a State
20   or local government entity's request for a waiver under
21   subsection (a), the department shall provide prompt written
22   notification of the denial to the State or local government
23   entity and state the specific reason for the denial.
24      (h)   Filing of exceptions.--A State or local government
25   entity may file a written exception with the department no later
26   than 15 days after a written notification is provided under
27   subsection (g). In the written exception, the State or local
28   government entity shall restate the information contained in the
29   request for a waiver under subsection (a), state the grounds
30   upon which the State or local government entity asserts that the

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 1   request for a waiver should be granted and specifically respond
 2   to the department's reason for denying the request for a waiver.
 3      (i)   Review of exceptions and determination.--Unless the
 4   State or local government entity agrees otherwise, the
 5   department shall make a final determination regarding the
 6   written exception under subsection (h) within 30 days after the
 7   date of the filing. Before making a final determination
 8   regarding the written exception, the department may request
 9   additional information from the State or local government entity
10   or the program participant and conduct a hearing. If the final
11   determination of the department is that the denial under
12   subsection (g) is proper, the department shall provide the State
13   or local government entity with a written notification of the
14   final determination stating that the State or local government
15   entity request has again been denied and the specific reason for
16   the denial. If the final determination of the department is that
17   the denial of the State or local government entity request for
18   waiver has been improperly denied under subsection (g), the
19   department shall grant the State or local government entity
20   request for a waiver in accordance with this section. The final
21   determination of the department under this subsection shall be
22   the final order of the department.
23      (j)   Appeal of final determinations.--Within 30 days after
24   notification that the department has made a final determination
25   affirming the denial of the State or local government entity's
26   request for a waiver under subsection (i), the State or local
27   government entity may appeal the final determination in
28   accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
29   review of Commonwealth agency action).
30      (k)   Records on appeal.--The record before a court of

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 1   competent jurisdiction hearing an appeal under subsection (j)
 2   shall consist of the State or local government entity's request
 3   for a waiver under subsection (a), the department's written
 4   notification under subsections (g) and (i), the State or local
 5   government entity's written exception under subsection (g), the
 6   hearing transcript under subsection (g), if any, and the
 7   department's final determination under subsection (i).
 8      (l)     Use of substitute addresses.--During a period of review
 9   of a request for a waiver under subsection (a), including an
10   appeal under subsection (j), a State or local government entity
11   shall, to the extent possible, accept and use a program
12   participant's substitute address.
13      (m)     Written consent.--Nothing in this section shall be
14   construed to prevent the department from granting a request for
15   a waiver under subsection (a) to a State or local government
16   entity upon receipt of a program participant's written consent
17   to grant the request.
18   § 58A10.    Emergency disclosure.
19      (a)     Establishment.--The department shall establish a system
20   to respond to a request for an emergency disclosure that will
21   provide for 24-hour access to a program participant's actual
22   address.
23      (b)     Requests for emergency disclosures.--A State or local
24   government entity may request that the department disclose a
25   program participant's actual address through the system
26   established under subsection (a). The department shall disclose
27   the program participant's actual address if the disclosure:
28            (1)   will prevent physical harm to the program
29      participant or the program participant's family member; or
30            (2)   is made to a law enforcement agency for law

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 1      enforcement purposes and the circumstances warrant immediate
 2      disclosure.
 3      (c)     Requirements for emergency disclosures.--Before
 4   disclosing a program participant's actual address under
 5   subsection (b), the department shall require all of the
 6   following:
 7            (1)   Verification of the requester's identity and the
 8      requester's employment with a State or local government
 9      entity.
10            (2)   Verification of the stated reason for the request to
11      adequately ensure that emergency disclosure is necessary.
12            (3)   Proof, to the satisfaction of the department, that
13      other methods to locate the program participant or the
14      program participant's actual address have been tried and have
15      failed or the other methods reasonably appear to be unlikely
16      to succeed given the circumstances of the stated reason for
17      the request.
18            (4)   That the program participant's actual address only
19      be used by the requester or the State or local government
20      entity to the extent necessary to respond to the stated
21      reason for the request.
22            (5)   That the requester and the State or local government
23      entity maintain the confidentiality of the actual address of
24      the program participant.
25            (6)   That the requester and the State or local government
26      entity agree to dispose of the program participant's actual
27      address as soon as practicable after the circumstances
28      surrounding the stated reason for the request no longer
29      require an emergency disclosure.
30   § 58A11.    Penalties.

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 1      (a)   False information.--A person who knowingly provides
 2   false information in regard to a material fact contained in an
 3   application made under section 58A05 (relating to application
 4   and certification process) shall be subject to termination from
 5   the program and to criminal penalties under 18 Pa.C.S. § 4904
 6   (relating to unsworn falsification to authorities).
 7      (b)   Access by fraud or misrepresentation.--
 8            (1)   Except as provided under paragraph (2), a person who
 9      intentionally, knowingly or recklessly attempts to gain
10      access to or gains access to a program participant's actual
11      address by fraud or misrepresentation commits a misdemeanor
12      of the second degree. A second or subsequent violation of
13      this paragraph shall be graded as a felony of the third
14      degree.
15            (2)   A first offense under paragraph (1) shall be graded
16      as a felony of the third degree if the offense is committed
17      by any person who has previously been convicted of a crime of
18      violence involving the program participant under paragraph
19      (1) or the program participant's family or household members
20      as defined in 23 Pa.C.S. § 6102 (relating to definitions),
21      including any of the following:
22                  (i)    18 Pa.C.S. § 2701 (relating to simple assault).
23                  (ii)    18 Pa.C.S. § 2702 (relating to aggravated
24            assault).
25                  (iii)    18 Pa.C.S. § 2705 (relating to recklessly
26            endangering another person).
27                  (iv)    18 Pa.C.S. § 2709 (relating to harassment).
28                  (v)    18 Pa.C.S. § 2709.1 (relating to stalking).
29                  (vi)    18 Pa.C.S. § 2718 (relating to strangulation).
30                  (vii)    18 Pa.C.S. § 2901 (relating to kidnapping).

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 1                  (viii)    18 Pa.C.S. § 3121 (relating to rape).
 2                  (ix)    18 Pa.C.S. § 3123 (relating to involuntary
 3            deviate sexual intercourse).
 4                  (x)    An offense that resulted in relief under 18
 5            Pa.C.S. § 4954 (relating to protective orders).
 6                  (xi)    An offense that resulted in relief under 23
 7            Pa.C.S. § 6108 (relating to relief).
 8      (c)     Unauthorized disclosures or uses.--A person who lawfully
 9   obtains a program participant's actual address due to a written
10   exception under section 58A09(h) (relating to waiver process)
11   and who subsequently discloses or uses the actual address in a
12   manner not authorized by this chapter commits a summary offense.
13   § 58A12.    Civil immunity.
14      Except for gross negligence, recklessness or intentional
15   misconduct, the department, a law enforcement agency or an
16   agent, contractor or employee of the department or the law
17   enforcement agency, shall be immune from civil liability in an
18   action arising in relation to the provisions of this chapter.
19   § 58A13.    Guidelines and regulations.
20      (a)     Guidelines.--The department shall adopt guidelines to
21   implement this chapter and submit the guidelines to the
22   Legislative Reference Bureau for publication in the next
23   available issue of the Pennsylvania Bulletin. The guidelines
24   shall not be subject to any of the following:
25            (1)   Section 612 of the act of April 9, 1929 (P.L.177,
26      No.175), known as The Administrative Code of 1929.
27            (2)   Sections 201, 202, 203, 204 and 205 of the act of
28      July 31, 1968 (P.L.769, No.240), referred to as the
29      Commonwealth Documents Law.
30            (3)   Sections 204(b) and 301(10) of the act of October

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 1      15, 1980 (P.L.950, No.164), known as the Commonwealth
 2      Attorneys Act.
 3            (4)   The act of June 25, 1982 (P.L.633, No.181), known as
 4      the Regulatory Review Act.
 5      (b)   Regulations.--No later than July 1, 2027, the department
 6   shall promulgate regulations to replace the guidelines under
 7   subsection (a).
 8      (c)   Expiration.--The guidelines under subsection (a) shall
 9   take effect 180 days after the date of publication in the
10   Pennsylvania Bulletin and shall expire on the date when the
11   regulations take effect under subsection (b), or July 1, 2028,
12   whichever is earlier.
13      Section 2.     This act shall take effect in 60 days.




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