HB 1841 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in abortion, further providing for informed consent and providing for medical education.

PRINTER'S NO.   2277

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                             HOUSE BILL
                             No. 1841
                                                    Session of
                                                      2025

     INTRODUCED BY M. BROWN, KAZEEM, KAUFFMAN AND ZIMMERMAN,
        SEPTEMBER 4, 2025

     REFERRED TO COMMITTEE ON HEALTH, SEPTEMBER 9, 2025


                                         AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in abortion, further providing for
 3      informed consent and providing for medical education.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.         Section 3205(a) and (d) of Title 18 of the
 7   Pennsylvania Consolidated Statutes are amended and the section
 8   is amended by adding subsections to read:
 9   § 3205.    Informed consent.
10      [(a)    General rule.--No abortion shall be performed or
11   induced except with the voluntary and informed consent of the
12   woman upon whom the abortion is to be performed or induced.
13   Except in the case of a medical emergency, consent to an
14   abortion is voluntary 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
 1        treatment and of those risks and alternatives to the
 2        procedure or treatment that a reasonable patient would
 3        consider material to the decision of whether or not to
 4        undergo the abortion.
 5              (ii)    The probable gestational age of the unborn
 6        child at the time the abortion is to be performed.
 7              (iii)    The medical risks associated with carrying her
 8        child to term.
 9        (2)   At least 24 hours prior to the abortion, the
10    physician who is to perform the abortion or the referring
11    physician, or a qualified physician assistant, health care
12    practitioner, technician or social worker to whom the
13    responsibility has been delegated by either physician, has
14    informed the pregnant woman that:
15              (i)    The department publishes printed materials which
16        describe the unborn child and list agencies which offer
17        alternatives to abortion and that she has a right to
18        review the printed materials and that a copy will be
19        provided to her free of charge if she chooses to review
20        it.
21              (ii)    Medical assistance benefits may be available
22        for prenatal care, childbirth and neonatal care, and that
23        more detailed information on the availability of such
24        assistance is contained in the printed materials
25        published by the department.
26              (iii)    The father of the unborn child is liable to
27        assist in the support of her child, even in instances
28        where he has offered to pay for the abortion. In the case
29        of rape, this information may be omitted.
30        (3)   A copy of the printed materials has been provided to

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 1      the pregnant woman if she chooses to view these materials.
 2          (4)   The pregnant woman certifies in writing, prior to
 3      the abortion, that the information required to be provided
 4      under paragraphs (1), (2) and (3) has been provided.]
 5      (a.1)   Requirements.--No abortion shall be performed in this
 6   Commonwealth except with the voluntary and informed consent of
 7   the woman upon whom the abortion is to be performed. Except in
 8   the case of a medical emergency, consent to an abortion is
 9   voluntary and informed only if:
10          (1)   (i)     The woman is told the following, by telephone
11          or in person, by the physician who is to perform the
12          abortion, by a qualified agent of the physician who is to
13          perform the abortion, by a qualified agent of a referring
14          physician or by a referring physician, at least 24 hours
15          before the abortion:
16                       (A)   the particular medical risks to the
17                individual patient associated with the particular
18                abortion procedure to be employed, when medically
19                accurate;
20                       (B)   the probable gestational age and presence of
21                a detectable human heartbeat of an unborn child at
22                the time the abortion would be performed; and
23                       (C)   the medical risks associated with carrying
24                an unborn child to term.
25                (ii)    The information required by subparagraph (i)
26          may be provided by telephone without conducting a
27          physical examination or tests of the woman, in which case
28          the information required to be provided may be based on
29          facts supplied to the physician by the woman and any
30          other relevant information reasonably available to the

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 1        physician. The information may not be provided by a tape
 2        recording but shall be provided during a consultation in
 3        which the physician or a qualified agent of the physician
 4        is able to ask questions of the woman and the woman is
 5        able to ask questions of the physician or the physician's
 6        qualified agent. If in the medical judgment of the
 7        physician any physical examination, tests or other
 8        information subsequently provided to the physician
 9        requires a revision of the information previously
10        supplied to the woman, the revised information must be
11        communicated to the woman prior to the performance of the
12        abortion. Nothing in this section may be construed to
13        preclude provision of required information in a language
14        understood by the woman through a translator.
15        (2)   (i)     The woman is informed, by telephone or in
16        person, by the physician who is to perform the abortion,
17        by a referring physician or by a qualified agent of the
18        physician who is to perform the abortion at least 24
19        hours before the abortion:
20                    (A)   That medical assistance benefits may be
21              available for prenatal care, childbirth and neonatal
22              care.
23                    (B)   That the father will be liable to assist in
24              the support of her child.
25                    (C)   How to obtain a list of health care
26              providers, facilities and clinics that offer to
27              perform ultrasounds free of charge. The list shall be
28              arranged geographically and include the name,
29              address, hours of operation and telephone number of
30              each listed entity.

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 1                     (D)   That she has the right to review the
 2              materials described in section 3208.2 (relating to
 3              medical education) and that the materials are
 4              available on the department's publicly accessible
 5              Internet website. The physician or the physician's
 6              qualified agent shall orally inform the woman that
 7              materials have been provided by the Commonwealth of
 8              Pennsylvania. If the woman chooses to view the
 9              materials other than on the website, the materials
10              shall either be given to her at least 24 hours before
11              the abortion or mailed to her at least 72 hours
12              before the abortion by certified mail, restricted
13              delivery to addressee.
14              (ii)    The information required by subparagraph (i)
15        may be provided by a tape recording if provision is made
16        to record or otherwise register specifically whether the
17        woman does or does not choose to review the printed
18        materials other than on the website.
19        (3)   The woman certifies in writing, prior to the
20    abortion, that the information described in paragraphs (1)
21    and (2) has been furnished to her and that she has been
22    informed of her opportunity to review the information
23    referred to in paragraph (2).
24        (4)   The woman receives an ultrasound at least 48 hours
25    prior to undergoing an abortion or a pre-abortion screen
26    subject to the following:
27              (i)    At the conclusion of the ultrasound, the woman
28        is offered the opportunity to view the fetal image and
29        hear the fetal heartbeat. The active ultrasound image
30        shall be of a quality consistent with standard medical

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 1            practice in the community, contain the dimensions of the
 2            unborn child and accurately portray the presence of
 3            external members and internal organs, including the
 4            heartbeat, if present or viewable, of the unborn child.
 5            The auscultation of fetal heart tone shall be of a
 6            quality consistent with standard medical practice in the
 7            community.
 8                  (ii)    At the conclusion of the action described in
 9            subparagraph (i) and prior to the abortion, the woman
10            certifies in writing that:
11                         (A)   she was provided the opportunity described
12                  in subparagraph (i);
13                         (B)   whether or not she elected to view the
14                  sonogram; and
15                         (C)   whether or not she elected to listen to the
16                  fetal heartbeat, if present.
17            (5)   Prior to performing the abortion, the physician who
18      is to perform the abortion, or the physician's qualified
19      agent:
20                  (i)    receives a copy of the certifications prescribed
21            by paragraphs (3) and (4); and
22                  (ii)    retains the certifications on file with the
23            woman's medical record for at least three years following
24            the date of receipt.
25      * * *
26      (d)   Limitation on civil liability.--Any physician who
27   complies with the provisions of this section may not be held
28   civilly liable to his patient for failure to obtain informed
29   consent to the abortion within the meaning of that term as
30   defined by the act of [October 15, 1975 (P.L.390, No.111), known

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 1   as the Health Care Services Malpractice Act.] March 20, 2002
 2   (P.L.154, No.13), known as the Medical Care Availability and
 3   Reduction of Error (Mcare) Act.
 4      (e)   List.--The department shall prepare a geographically
 5   indexed list of health care providers, facilities and clinics
 6   that perform ultrasounds which provide ultrasound images and
 7   shall separately list health care providers, facilities and
 8   clinics that offer ultrasound services free of charge. The list
 9   shall contain contact information for each provider, facility or
10   clinic, including telephone numbers, physical addresses and
11   Internet website addresses. The physician performing the
12   abortion, or a designated representative of the physician, shall
13   provide the list to the woman without charge.
14      Section 2.        Title 18 is amended by adding a section to read:
15   § 3208.2.      Medical education.
16      (a)   Duties of department.--The department shall create a
17   video and other materials that in terms understandable to a
18   reasonable person describe:
19            (1)    The Commonwealth's abortion laws and acts that do
20      and do not constitute an abortion.
21            (2)    For acts described under paragraph (1) that:
22                  (i)    Miscarriage care is not an abortion.
23                  (ii)    Ectopic pregnancy care is not an abortion.
24                  (iii)    A premature delivery of an unborn child for
25            the purposes of preserving the life or health of the
26            mother is not an abortion, even if the procedure results
27            in the inadvertent death of the unborn child.
28            (3)    The most common medical conditions that threaten the
29      life or health of a pregnant woman.
30            (4)    The generally accepted standards of care applicable

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 1      to the treatment of a pregnant woman experiencing life-
 2      threatening or health-threatening medical conditions.
 3            (5)   The criteria that a health care practitioner,
 4      exercising reasonable medical judgment, might use in
 5      determining the best course of treatment for a pregnant woman
 6      experiencing life-threatening or health-threatening medical
 7      conditions and for her unborn child.
 8      (b)   Duty to consult with Attorney General and
 9   stakeholders.--In creating the video and other materials
10   described in subsection (a), the department shall consult with
11   the Attorney General and stakeholders having medical and legal
12   expertise. Upon completion, the department shall make the video
13   and materials available without charge on the department's
14   publicly accessible Internet website.
15      Section 3.    This act shall take effect in 60 days.




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