HB 1801 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in abortion, further providing for medical consultation and judgment and for informed consent.

PRINTER'S NO.   2215

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1801
                                               Session of
                                                 2025

     INTRODUCED BY SHUSTERMAN, HOWARD, KHAN, KINKEAD, OTTEN, PIELLI,
        RABB, BRENNAN, VENKAT, PROBST, FIEDLER, HANBIDGE, SANCHEZ,
        HOHENSTEIN, MAYES, FLEMING AND RIVERA, AUGUST 13, 2025

     REFERRED TO COMMITTEE ON HEALTH, AUGUST 14, 2025


                                    AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in abortion, further providing for
 3      medical consultation and judgment and for informed consent.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Sections 3204(b) and (c) and 3205(a) of Title 18
 7   of the Pennsylvania Consolidated Statutes are amended to read:
 8   § 3204.    Medical consultation and judgment.
 9      * * *
10      [(b)    Requirements.--Except in a medical emergency where
11   there is insufficient time before the abortion is performed, the
12   woman upon whom the abortion is to be performed shall have a
13   private medical consultation either with the physician who is to
14   perform the abortion or with the referring physician. The
15   consultation will be in a place, at a time and of a duration
16   reasonably sufficient to enable the physician to determine
17   whether, based on his best clinical judgment, the abortion is
18   necessary.]
 1      (c)    Factors.--In determining in accordance with subsection
 2   (a) [or (b)] whether an abortion is necessary, a physician's
 3   best clinical judgment may be exercised in the light of all
 4   factors (physical, emotional, psychological, familial and the
 5   woman's age) relevant to the well-being of the woman. No
 6   abortion which is sought solely because of the sex of the unborn
 7   child shall be deemed a necessary abortion.
 8      * * *
 9   § 3205.    Informed consent.
10      (a)    General rule.--No abortion shall be performed or induced
11   except with the voluntary and informed consent of the woman upon
12   whom the abortion is to be performed or induced. [Except in the
13   case of a medical emergency, consent to an abortion is voluntary
14   and informed if and only if:
15             (1)   At least 24 hours prior to the abortion, the
16      physician who is to perform the abortion or the referring
17      physician has orally informed the woman of:
18                   (i)    The nature of the proposed procedure or
19             treatment and of those risks and alternatives to the
20             procedure or treatment that a reasonable patient would
21             consider material to the decision of whether or not to
22             undergo the abortion.
23                   (ii)    The probable gestational age of the unborn
24             child at the time the abortion is to be performed.
25                   (iii)    The medical risks associated with carrying her
26             child to term.
27             (2)   At least 24 hours prior to the abortion, the
28      physician who is to perform the abortion or the referring
29      physician, or a qualified physician assistant, health care
30      practitioner, technician or social worker to whom the

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 1    responsibility has been delegated by either physician, has
 2    informed the pregnant woman that:
 3              (i)    The department publishes printed materials which
 4        describe the unborn child and list agencies which offer
 5        alternatives to abortion and that she has a right to
 6        review the printed materials and that a copy will be
 7        provided to her free of charge if she chooses to review
 8        it.
 9              (ii)    Medical assistance benefits may be available
10        for prenatal care, childbirth and neonatal care, and that
11        more detailed information on the availability of such
12        assistance is contained in the printed materials
13        published by the department.
14              (iii)    The father of the unborn child is liable to
15        assist in the support of her child, even in instances
16        where he has offered to pay for the abortion. In the case
17        of rape, this information may be omitted.
18        (3)   A copy of the printed materials has been provided to
19    the pregnant woman if she chooses to view these materials.
20        (4)   The pregnant woman certifies in writing, prior to
21    the abortion, that the information required to be provided
22    under paragraphs (1), (2) and (3) has been provided.]
23    * * *
24    Section 2.      This act shall take effect in 60 days.




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