HB 26 — An Act amending Titles 18 (Crimes and Offenses), 35 (Health and Safety) and 40 (Insurance) of the Pennsylvania Consolidated Statutes, in provisions relating to abortion, repealing provisions relating to short title of chapter and to legislative intent, further providing for definitions, repealing provisions relating to medical consultation and judgment, to informed consent, to parental consent, to abortion facilities, to printed information, to Commonwealth interference prohibited, to spousal notice, to determination of gestational age, to abortion on unborn child of 24 or more weeks gestational age, to infanticide, to prohibited acts and to reporting, further providing for publicly owned facilities, public officials and public funds and for fetal experimentation and repealing provisions relating to civil penalties, to criminal penalties, to State Board of Medicine and State Board of Osteopathic Medicine and to construction; providing for reproductive rights; repealing provisions relating to compliance with Federal health care legislation as to regulation of insurers and related persons generally; and imposing penalties.

PRINTER'S NO.   7

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 26
                                               Session of
                                                 2025

     INTRODUCED BY HOWARD, PROBST, HANBIDGE, SANCHEZ, PIELLI, GIRAL,
        VENKAT, GUENST, FIEDLER, KHAN, KINKEAD, ISAACSON, BOROWSKI,
        CEPEDA-FREYTIZ, HOHENSTEIN, CIRESI, DELLOSO, SCHLOSSBERG,
        SHUSTERMAN, MALAGARI, HILL-EVANS, FRANKEL, DONAHUE, DALEY,
        SAPPEY, CERRATO, POWELL, OTTEN, BRIGGS AND O'MARA,
        JANUARY 8, 2025

     REFERRED TO COMMITTEE ON HEALTH, JANUARY 8, 2025


                                    AN ACT
 1   Amending Titles 18 (Crimes and Offenses), 35 (Health and Safety)
 2      and 40 (Insurance) of the Pennsylvania Consolidated Statutes,
 3      in provisions relating to abortion, repealing provisions
 4      relating to short title of chapter and to legislative intent,
 5      further providing for definitions, repealing provisions
 6      relating to medical consultation and judgment, to informed
 7      consent, to parental consent, to abortion facilities, to
 8      printed information, to Commonwealth interference prohibited,
 9      to spousal notice, to determination of gestational age, to
10      abortion on unborn child of 24 or more weeks gestational age,
11      to infanticide, to prohibited acts and to reporting, further
12      providing for publicly owned facilities, public officials and
13      public funds and for fetal experimentation and repealing
14      provisions relating to civil penalties, to criminal
15      penalties, to State Board of Medicine and State Board of
16      Osteopathic Medicine and to construction; providing for
17      reproductive rights; repealing provisions relating to
18      compliance with Federal health care legislation as to
19      regulation of insurers and related persons generally; and
20      imposing penalties.
21      The General Assembly of the Commonwealth of Pennsylvania
22   hereby enacts as follows:
23      Section 1.    Chapter 32 heading of Title 18 of the
24   Pennsylvania Consolidated Statutes is amended to read:
25                                CHAPTER 32
 1                                  [ABORTION]
 2                            REPRODUCTIVE OFFENSES
 3      Section 2.     Sections 3201 and 3202 of Title 18 are repealed:
 4   [§ 3201.    Short title of chapter.
 5      This chapter shall be known and may be cited as the "Abortion
 6   Control Act."
 7   § 3202.    Legislative intent.
 8      (a)     Rights and interests.--It is the intention of the
 9   General Assembly of the Commonwealth of Pennsylvania to protect
10   hereby the life and health of the woman subject to abortion and
11   to protect the life and health of the child subject to abortion.
12   It is the further intention of the General Assembly to foster
13   the development of standards of professional conduct in a
14   critical area of medical practice, to provide for development of
15   statistical data and to protect the right of the minor woman
16   voluntarily to decide to submit to abortion or to carry her
17   child to term. The General Assembly finds as fact that the
18   rights and interests furthered by this chapter are not secure in
19   the context in which abortion is presently performed.
20      (b)     Conclusions.--Reliable and convincing evidence has
21   compelled the General Assembly to conclude and the General
22   Assembly does hereby solemnly declare and find that:
23             (1)   Many women now seek or are encouraged to undergo
24      abortions without full knowledge of the development of the
25      unborn child or of alternatives to abortion.
26             (2)   The gestational age at which viability of an unborn
27      child occurs has been lowering substantially and steadily as
28      advances in neonatal medical care continue to be made.
29             (3)   A significant number of late-term abortions result
30      in live births, or in delivery of children who could survive

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 1      if measures were taken to bring about breathing. Some
 2      physicians have been allowing these children to die or have
 3      been failing to induce breathing.
 4            (4)   Because the Commonwealth places a supreme value upon
 5      protecting human life, it is necessary that those physicians
 6      which it permits to practice medicine be held to precise
 7      standards of care in cases where their actions do or may
 8      result in the death of an unborn child.
 9            (5)   A reasonable waiting period, as contained in this
10      chapter, is critical to the assurance that a woman elect to
11      undergo an abortion procedure only after having the fullest
12      opportunity to give her informed consent thereto.
13      (c)   Construction.--In every relevant civil or criminal
14   proceeding in which it is possible to do so without violating
15   the Federal Constitution, the common and statutory law of
16   Pennsylvania shall be construed so as to extend to the unborn
17   the equal protection of the laws and to further the public
18   policy of this Commonwealth encouraging childbirth over
19   abortion.
20      (d)   Right of conscience.--It is the further public policy of
21   the Commonwealth of Pennsylvania to respect and protect the
22   right of conscience of all persons who refuse to obtain,
23   receive, subsidize, accept or provide abortions including those
24   persons who are engaged in the delivery of medical services and
25   medical care whether acting individually, corporately or in
26   association with other persons; and to prohibit all forms of
27   discrimination, disqualification, coercion, disability or
28   imposition of liability or financial burden upon such persons or
29   entities by reason of their refusing to act contrary to their
30   conscience or conscientious convictions in refusing to obtain,

20250HB0026PN0007                    - 3 -
 1   receive, subsidize, accept or provide abortions.]
 2      Section 3.     Section 3203 of Title 18 is amended to read:
 3   § 3203.    Definitions.
 4      The following words and phrases when used in this chapter
 5   shall have, unless the context clearly indicates otherwise, the
 6   meanings given to them in this section:
 7      "Abortion."     [The use of any means to terminate the
 8   clinically diagnosable pregnancy of a woman with knowledge that
 9   the termination by those means will, with reasonable likelihood,
10   cause the death of the unborn child except that, for the
11   purposes of this chapter, abortion shall not mean the use of an
12   intrauterine device or birth control pill to inhibit or prevent
13   ovulation, fertilization or the implantation of a fertilized
14   ovum within the uterus.] A medical treatment that is intended to
15   terminate a diagnosable intrauterine pregnancy for a purpose
16   other than to produce a live birth. The term does not include:
17             (1)   a medical treatment to remove a dead fetus or embryo
18      whose death was the result of a spontaneous abortion; or
19             (2)   the use or prescription of a drug or device that
20      prevents pregnancy.
21      "Born alive."     When used with regard to a human being, means
22   that the human being was completely expelled or extracted from
23   her or his mother and after such separation breathed or showed
24   evidence of any of the following: beating of the heart,
25   pulsation of the umbilical cord, definite movement of voluntary
26   muscles or any brain-wave activity.
27      ["Complication."       Includes but is not limited to hemorrhage,
28   infection, uterine perforation, cervical laceration and retained
29   products. The department may further define complication.
30      "Conscience."     A sincerely held set of moral convictions

20250HB0026PN0007                      - 4 -
 1   arising from belief in and relation to a deity or which, though
 2   not so derived, obtains from a place in the life of its
 3   possessor parallel to that filled by a deity among adherents to
 4   religious faiths.]
 5      "Department."     The Department of Health of the Commonwealth
 6   of Pennsylvania.
 7      ["Facility" or "medical facility."     Any public or private
 8   hospital, clinic, center, medical school, medical training
 9   institution, health care facility, physician's office,
10   infirmary, dispensary, ambulatory surgical treatment center or
11   other institution or location wherein medical care is provided
12   to any person.]
13      "Fertilization" and "conception."     Each term shall mean the
14   fusion of a human spermatozoon with a human ovum.
15      ["First trimester."    The first 12 weeks of gestation.
16      "Gestational age."    The age of the unborn child as calculated
17   from the first day of the last menstrual period of the pregnant
18   woman.
19      "Hospital."     An institution licensed pursuant to the
20   provisions of the law of this Commonwealth.
21      "In vitro fertilization."     The purposeful fertilization of a
22   human ovum outside the body of a living human female.
23      "Medical emergency."    That condition which, on the basis of
24   the physician's good faith clinical judgment, so complicates the
25   medical condition of a pregnant woman as to necessitate the
26   immediate abortion of her pregnancy to avert her death or for
27   which a delay will create serious risk of substantial and
28   irreversible impairment of major bodily function.
29      "Medical personnel."    Any nurse, nurse's aide, medical school
30   student, professional or any other person who furnishes, or

20250HB0026PN0007                    - 5 -
 1   assists in the furnishing of, medical care.
 2      "Physician."    Any person licensed to practice medicine in
 3   this Commonwealth. The term includes medical doctors and doctors
 4   of osteopathy.
 5      "Pregnancy" and "pregnant."     Each term shall mean that female
 6   reproductive condition of having a developing fetus in the body
 7   and commences with fertilization.
 8      "Probable gestational age of the unborn child."     What, in the
 9   judgment of the attending physician, will with reasonable
10   probability be the gestational age of the unborn child at the
11   time the abortion is planned to be performed.]
12      "Unborn child" and "fetus."     [Each term shall mean an
13   individual organism of the species homo sapiens from
14   fertilization until live birth.] A fertilized human embryo or
15   fetus developing after implantation in a human uterus until
16   birth.
17      ["Viability."    That stage of fetal development when, in the
18   judgment of the physician based on the particular facts of the
19   case before him and in light of the most advanced medical
20   technology and information available to him, there is a
21   reasonable likelihood of sustained survival of the unborn child
22   outside the body of his or her mother, with or without
23   artificial support.]
24      Section 4.    Sections 3204, 3205, 3206, 3207, 3208, 3208.1,
25   3209, 3210, 3211, 3212, 3213 and 3214 of Title 18 are repealed:
26   [§ 3204.    Medical consultation and judgment.
27      (a)     Abortion prohibited; exceptions.--No abortion shall be
28   performed except by a physician after either:
29            (1)   he determines that, in his best clinical judgment,
30      the abortion is necessary; or

20250HB0026PN0007                    - 6 -
 1            (2)   he receives what he reasonably believes to be a
 2      written statement signed by another physician, hereinafter
 3      called the "referring physician," certifying that in this
 4      referring physician's best clinical judgment the abortion is
 5      necessary.
 6      (b)   Requirements.--Except in a medical emergency where there
 7   is insufficient time before the abortion is performed, the woman
 8   upon whom the abortion is to be performed shall have a private
 9   medical consultation either with the physician who is to perform
10   the abortion or with the referring physician. The consultation
11   will be in a place, at a time and of a duration reasonably
12   sufficient to enable the physician to determine whether, based
13   on his best clinical judgment, the abortion is necessary.
14      (c)   Factors.--In determining in accordance with subsection
15   (a) or (b) whether an abortion is necessary, a physician's best
16   clinical judgment may be exercised in the light of all factors
17   (physical, emotional, psychological, familial and the woman's
18   age) relevant to the well-being of the woman. No abortion which
19   is sought solely because of the sex of the unborn child shall be
20   deemed a necessary abortion.
21      (d)   Penalty.--Any person who intentionally, knowingly or
22   recklessly violates the provisions of this section commits a
23   felony of the third degree, and any physician who violates the
24   provisions of this section is guilty of "unprofessional conduct"
25   and his license for the practice of medicine and surgery shall
26   be subject to suspension or revocation in accordance with
27   procedures provided under the act of October 5, 1978 (P.L.1109,
28   No.261), known as the Osteopathic Medical Practice Act, the act
29   of December 20, 1985 (P.L.457, No.112), known as the Medical
30   Practice Act of 1985, or their successor acts.

20250HB0026PN0007                    - 7 -
 1   § 3205.    Informed consent.
 2      (a)    General rule.--No abortion shall be performed or induced
 3   except with the voluntary and informed consent of the woman upon
 4   whom the abortion is to be performed or induced. Except in the
 5   case of a medical emergency, consent to an abortion is voluntary
 6   and informed if and only if:
 7             (1)   At least 24 hours prior to the abortion, the
 8      physician who is to perform the abortion or the referring
 9      physician has orally informed the woman of:
10                   (i)    The nature of the proposed procedure or
11             treatment and of those risks and alternatives to the
12             procedure or treatment that a reasonable patient would
13             consider material to the decision of whether or not to
14             undergo the abortion.
15                   (ii)    The probable gestational age of the unborn
16             child at the time the abortion is to be performed.
17                   (iii)    The medical risks associated with carrying her
18             child to term.
19             (2)   At least 24 hours prior to the abortion, the
20      physician who is to perform the abortion or the referring
21      physician, or a qualified physician assistant, health care
22      practitioner, technician or social worker to whom the
23      responsibility has been delegated by either physician, has
24      informed the pregnant woman that:
25                   (i)    The department publishes printed materials which
26             describe the unborn child and list agencies which offer
27             alternatives to abortion and that she has a right to
28             review the printed materials and that a copy will be
29             provided to her free of charge if she chooses to review
30             it.

20250HB0026PN0007                        - 8 -
 1                  (ii)    Medical assistance benefits may be available
 2            for prenatal care, childbirth and neonatal care, and that
 3            more detailed information on the availability of such
 4            assistance is contained in the printed materials
 5            published by the department.
 6                  (iii)    The father of the unborn child is liable to
 7            assist in the support of her child, even in instances
 8            where he has offered to pay for the abortion. In the case
 9            of rape, this information may be omitted.
10            (3)   A copy of the printed materials has been provided to
11      the pregnant woman if she chooses to view these materials.
12            (4)   The pregnant woman certifies in writing, prior to
13      the abortion, that the information required to be provided
14      under paragraphs (1), (2) and (3) has been provided.
15      (b)   Emergency.--Where a medical emergency compels the
16   performance of an abortion, the physician shall inform the
17   woman, prior to the abortion if possible, of the medical
18   indications supporting his judgment that an abortion is
19   necessary to avert her death or to avert substantial and
20   irreversible impairment of major bodily function.
21      (c)   Penalty.--Any physician who violates the provisions of
22   this section is guilty of "unprofessional conduct" and his
23   license for the practice of medicine and surgery shall be
24   subject to suspension or revocation in accordance with
25   procedures provided under the act of October 5, 1978 (P.L.1109,
26   No.261), known as the Osteopathic Medical Practice Act, the act
27   of December 20, 1985 (P.L.457, No.112), known as the Medical
28   Practice Act of 1985, or their successor acts. Any physician who
29   performs or induces an abortion without first obtaining the
30   certification required by subsection (a)(4) or with knowledge or

20250HB0026PN0007                       - 9 -
 1   reason to know that the informed consent of the woman has not
 2   been obtained shall for the first offense be guilty of a summary
 3   offense and for each subsequent offense be guilty of a
 4   misdemeanor of the third degree. No physician shall be guilty of
 5   violating this section for failure to furnish the information
 6   required by subsection (a) if he or she can demonstrate, by a
 7   preponderance of the evidence, that he or she reasonably
 8   believed that furnishing the information would have resulted in
 9   a severely adverse effect on the physical or mental health of
10   the patient.
11      (d)    Limitation on civil liability.--Any physician who
12   complies with the provisions of this section may not be held
13   civilly liable to his patient for failure to obtain informed
14   consent to the abortion within the meaning of that term as
15   defined by the act of October 15, 1975 (P.L.390, No.111), known
16   as the Health Care Services Malpractice Act.
17   § 3206.   Parental consent.
18      (a)    General rule.--Except in the case of a medical
19   emergency, or except as provided in this section, if a pregnant
20   woman is less than 18 years of age and not emancipated, or if
21   she has been adjudged an incapacitated person under 20 Pa.C.S. §
22   5511 (relating to petition and hearing; independent evaluation),
23   a physician shall not perform an abortion upon her unless, in
24   the case of a woman who is less than 18 years of age, he first
25   obtains the informed consent both of the pregnant woman and of
26   one of her parents; or, in the case of a woman who is an
27   incapacitated person, he first obtains the informed consent of
28   her guardian. In deciding whether to grant such consent, a
29   pregnant woman's parent or guardian shall consider only their
30   child's or ward's best interests. In the case of a pregnancy

20250HB0026PN0007                   - 10 -
 1   that is the result of incest where the father is a party to the
 2   incestuous act, the pregnant woman need only obtain the consent
 3   of her mother.
 4      (b)   Unavailability of parent or guardian.--If both parents
 5   have died or are otherwise unavailable to the physician within a
 6   reasonable time and in a reasonable manner, consent of the
 7   pregnant woman's guardian or guardians shall be sufficient. If
 8   the pregnant woman's parents are divorced, consent of the parent
 9   having custody shall be sufficient. If neither any parent nor a
10   legal guardian is available to the physician within a reasonable
11   time and in a reasonable manner, consent of any adult person
12   standing in loco parentis shall be sufficient.
13      (c)   Petition to court for consent.--If both of the parents
14   or guardians of the pregnant woman refuse to consent to the
15   performance of an abortion or if she elects not to seek the
16   consent of either of her parents or of her guardian, the court
17   of common pleas of the judicial district in which the applicant
18   resides or in which the abortion is sought shall, upon petition
19   or motion, after an appropriate hearing, authorize a physician
20   to perform the abortion if the court determines that the
21   pregnant woman is mature and capable of giving informed consent
22   to the proposed abortion, and has, in fact, given such consent.
23      (d)   Court order.--If the court determines that the pregnant
24   woman is not mature and capable of giving informed consent or if
25   the pregnant woman does not claim to be mature and capable of
26   giving informed consent, the court shall determine whether the
27   performance of an abortion upon her would be in her best
28   interests. If the court determines that the performance of an
29   abortion would be in the best interests of the woman, it shall
30   authorize a physician to perform the abortion.

20250HB0026PN0007                  - 11 -
 1      (e)   Representation in proceedings.--The pregnant woman may
 2   participate in proceedings in the court on her own behalf and
 3   the court may appoint a guardian ad litem to assist her. The
 4   court shall, however, advise her that she has a right to court
 5   appointed counsel, and shall provide her with such counsel
 6   unless she wishes to appear with private counsel or has
 7   knowingly and intelligently waived representation by counsel.
 8      (f)   Proceedings.--
 9            (1)   Court proceedings under this section shall be
10      confidential and shall be given such precedence over other
11      pending matters as will ensure that the court may reach a
12      decision promptly and without delay in order to serve the
13      best interests of the pregnant woman. In no case shall the
14      court of common pleas fail to rule within three business days
15      of the date of application. A court of common pleas which
16      conducts proceedings under this section shall make in writing
17      specific factual findings and legal conclusions supporting
18      its decision and shall, upon the initial filing of the
19      minor's petition for judicial authorization of an abortion,
20      order a sealed record of the petition, pleadings,
21      submissions, transcripts, exhibits, orders, evidence and any
22      other written material to be maintained which shall include
23      its own findings and conclusions.
24            (2)   The application to the court of common pleas shall
25      be accompanied by a non-notarized verification stating that
26      the information therein is true and correct to the best of
27      the applicant's knowledge, and the application shall set
28      forth the following facts:
29                  (i)    The initials of the pregnant woman.
30                  (ii)    The age of the pregnant woman.

20250HB0026PN0007                       - 12 -
 1              (iii)    The names and addresses of each parent,
 2        guardian or, if the minor's parents are deceased and no
 3        guardian has been appointed, any other person standing in
 4        loco parentis to the minor.
 5              (iv)    That the pregnant woman has been fully informed
 6        of the risks and consequences of the abortion.
 7              (v)    Whether the pregnant woman is of sound mind and
 8        has sufficient intellectual capacity to consent to the
 9        abortion.
10              (vi)    A prayer for relief asking the court to either
11        grant the pregnant woman full capacity for the purpose of
12        personal consent to the abortion, or to give judicial
13        consent to the abortion under subsection (d) based upon a
14        finding that the abortion is in the best interest of the
15        pregnant woman.
16              (vii)    That the pregnant woman is aware that any
17        false statements made in the application are punishable
18        by law.
19              (viii)    The signature of the pregnant woman. Where
20        necessary to serve the interest of justice, the orphans'
21        court division, or, in Philadelphia, the family court
22        division, shall refer the pregnant woman to the
23        appropriate personnel for assistance in preparing the
24        application.
25        (3)   The name of the pregnant woman shall not be entered
26    on any docket which is subject to public inspection. All
27    persons shall be excluded from hearings under this section
28    except the applicant and such other persons whose presence is
29    specifically requested by the applicant or her guardian.
30        (4)   At the hearing, the court shall hear evidence

20250HB0026PN0007                   - 13 -
 1      relating to the emotional development, maturity, intellect
 2      and understanding of the pregnant woman, the fact and
 3      duration of her pregnancy, the nature, possible consequences
 4      and alternatives to the abortion and any other evidence that
 5      the court may find useful in determining whether the pregnant
 6      woman should be granted full capacity for the purpose of
 7      consenting to the abortion or whether the abortion is in the
 8      best interest of the pregnant woman. The court shall also
 9      notify the pregnant woman at the hearing that it must rule on
10      her application within three business days of the date of its
11      filing and that, should the court fail to rule in favor of
12      her application within the allotted time, she has the right
13      to appeal to the Superior Court.
14      (g)   Coercion prohibited.--Except in a medical emergency, no
15   parent, guardian or other person standing in loco parentis shall
16   coerce a minor or incapacitated woman to undergo an abortion.
17   Any minor or incapacitated woman who is threatened with such
18   coercion may apply to a court of common pleas for relief. The
19   court shall provide the minor or incapacitated woman with
20   counsel, give the matter expedited consideration and grant such
21   relief as may be necessary to prevent such coercion. Should a
22   minor be denied the financial support of her parents by reason
23   of her refusal to undergo abortion, she shall be considered
24   emancipated for purposes of eligibility for assistance benefits.
25      (h)   Regulation of proceedings.--No filing fees shall be
26   required of any woman availing herself of the procedures
27   provided by this section. An expedited confidential appeal shall
28   be available to any pregnant woman whom the court fails to grant
29   an order authorizing an abortion within the time specified in
30   this section. Any court to which an appeal is taken under this

20250HB0026PN0007                  - 14 -
 1   section shall give prompt and confidential attention thereto and
 2   shall rule thereon within five business days of the filing of
 3   the appeal. The Supreme Court of Pennsylvania may issue such
 4   rules as may further assure that the process provided in this
 5   section is conducted in such a manner as will ensure
 6   confidentiality and sufficient precedence over other pending
 7   matters to ensure promptness of disposition.
 8      (i)   Penalty.--Any person who performs an abortion upon a
 9   woman who is an unemancipated minor or incapacitated person to
10   whom this section applies either with knowledge that she is a
11   minor or incapacitated person to whom this section applies, or
12   with reckless disregard or negligence as to whether she is a
13   minor or incapacitated person to whom this section applies, and
14   who intentionally, knowingly or recklessly fails to conform to
15   any requirement of this section is guilty of "unprofessional
16   conduct" and his license for the practice of medicine and
17   surgery shall be suspended in accordance with procedures
18   provided under the act of October 5, 1978 (P.L.1109, No.261),
19   known as the Osteopathic Medical Practice Act, the act of
20   December 20, 1985 (P.L.457, No.112), known as the Medical
21   Practice Act of 1985, or their successor acts, for a period of
22   at least three months. Failure to comply with the requirements
23   of this section is prima facie evidence of failure to obtain
24   informed consent and of interference with family relations in
25   appropriate civil actions. The law of this Commonwealth shall
26   not be construed to preclude the award of exemplary damages or
27   damages for emotional distress even if unaccompanied by physical
28   complications in any appropriate civil action relevant to
29   violations of this section. Nothing in this section shall be
30   construed to limit the common law rights of parents.

20250HB0026PN0007                  - 15 -
 1   § 3207.    Abortion facilities.
 2      (a)    Regulations.--The department shall have power to make
 3   rules and regulations pursuant to this chapter, with respect to
 4   performance of abortions and with respect to facilities in which
 5   abortions are performed, so as to protect the health and safety
 6   of women having abortions and of premature infants aborted
 7   alive. These rules and regulations shall include, but not be
 8   limited to, procedures, staff, equipment and laboratory testing
 9   requirements for all facilities offering abortion services.
10      (b)    Reports.--Within 30 days after the effective date of
11   this chapter, every facility at which abortions are performed
12   shall file, and update immediately upon any change, a report
13   with the department, containing the following information:
14             (1)   Name and address of the facility.
15             (2)   Name and address of any parent, subsidiary or
16      affiliated organizations, corporations or associations.
17             (3)   Name and address of any parent, subsidiary or
18      affiliated organizations, corporations or associations having
19      contemporaneous commonality of ownership, beneficial
20      interest, directorship or officership with any other
21      facility.
22   The information contained in those reports which are filed
23   pursuant to this subsection by facilities which receive State-
24   appropriated funds during the 12-calendar-month period
25   immediately preceding a request to inspect or copy such reports
26   shall be deemed public information. Reports filed by facilities
27   which do not receive State-appropriated funds shall only be
28   available to law enforcement officials, the State Board of
29   Medicine and the State Board of Osteopathic Medicine for use in
30   the performance of their official duties. Any facility failing

20250HB0026PN0007                      - 16 -
 1   to comply with the provisions of this subsection shall be
 2   assessed by the department a fine of $500 for each day it is in
 3   violation hereof.
 4   § 3208.    Printed information.
 5      (a)    General rule.--The department shall cause to be
 6   published in English, Spanish and Vietnamese, within 60 days
 7   after this chapter becomes law, and shall update on an annual
 8   basis, the following easily comprehensible printed materials:
 9             (1)   Geographically indexed materials designed to inform
10      the woman of public and private agencies and services
11      available to assist a woman through pregnancy, upon
12      childbirth and while the child is dependent, including
13      adoption agencies, which shall include a comprehensive list
14      of the agencies available, a description of the services they
15      offer and a description of the manner, including telephone
16      numbers, in which they might be contacted, or, at the option
17      of the department, printed materials including a toll-free,
18      24-hour a day telephone number which may be called to obtain,
19      orally, such a list and description of agencies in the
20      locality of the caller and of the services they offer. The
21      materials shall provide information on the availability of
22      medical assistance benefits for prenatal care, childbirth and
23      neonatal care, and state that it is unlawful for any
24      individual to coerce a woman to undergo abortion, that any
25      physician who performs an abortion upon a woman without
26      obtaining her informed consent or without according her a
27      private medical consultation may be liable to her for damages
28      in a civil action at law, that the father of a child is
29      liable to assist in the support of that child, even in
30      instances where the father has offered to pay for an abortion

20250HB0026PN0007                      - 17 -
 1      and that the law permits adoptive parents to pay costs of
 2      prenatal care, childbirth and neonatal care.
 3            (2)    Materials designed to inform the woman of the
 4      probable anatomical and physiological characteristics of the
 5      unborn child at two-week gestational increments from
 6      fertilization to full term, including pictures representing
 7      the development of unborn children at two-week gestational
 8      increments, and any relevant information on the possibility
 9      of the unborn child's survival; provided that any such
10      pictures or drawings must contain the dimensions of the fetus
11      and must be realistic and appropriate for the woman's stage
12      of pregnancy. The materials shall be objective, nonjudgmental
13      and designed to convey only accurate scientific information
14      about the unborn child at the various gestational ages. The
15      material shall also contain objective information describing
16      the methods of abortion procedures commonly employed, the
17      medical risks commonly associated with each such procedure,
18      the possible detrimental psychological effects of abortion
19      and the medical risks commonly associated with each such
20      procedure and the medical risks commonly associated with
21      carrying a child to term.
22      (b)   Format.--The materials shall be printed in a typeface
23   large enough to be clearly legible.
24      (c)   Free distribution.--The materials required under this
25   section shall be available at no cost from the department upon
26   request and in appropriate number to any person, facility or
27   hospital.
28   § 3208.1.      Commonwealth interference prohibited.
29      The Commonwealth shall not interfere with the use of
30   medically appropriate methods of contraception or the manner in

20250HB0026PN0007                     - 18 -
 1   which medically appropriate methods of contraception are
 2   provided.
 3   § 3209.    Spousal notice.
 4      (a)    Spousal notice required.--In order to further the
 5   Commonwealth's interest in promoting the integrity of the
 6   marital relationship and to protect a spouse's interests in
 7   having children within marriage and in protecting the prenatal
 8   life of that spouse's child, no physician shall perform an
 9   abortion on a married woman, except as provided in subsections
10   (b) and (c), unless he or she has received a signed statement,
11   which need not be notarized, from the woman upon whom the
12   abortion is to be performed, that she has notified her spouse
13   that she is about to undergo an abortion. The statement shall
14   bear a notice that any false statement made therein is
15   punishable by law.
16      (b)    Exceptions.--The statement certifying that the notice
17   required by subsection (a) has been given need not be furnished
18   where the woman provides the physician a signed statement
19   certifying at least one of the following:
20             (1)   Her spouse is not the father of the child.
21             (2)   Her spouse, after diligent effort, could not be
22      located.
23             (3)   The pregnancy is a result of spousal sexual assault
24      as described in section 3128 (relating to spousal sexual
25      assault), which has been reported to a law enforcement agency
26      having the requisite jurisdiction.
27             (4)   The woman has reason to believe that the furnishing
28      of notice to her spouse is likely to result in the infliction
29      of bodily injury upon her by her spouse or by another
30      individual.

20250HB0026PN0007                     - 19 -
 1   Such statement need not be notarized, but shall bear a notice
 2   that any false statements made therein are punishable by law.
 3      (c)    Medical emergency.--The requirements of subsection (a)
 4   shall not apply in case of a medical emergency.
 5      (d)    Forms.--The department shall cause to be published forms
 6   which may be utilized for purposes of providing the signed
 7   statements required by subsections (a) and (b). The department
 8   shall distribute an adequate supply of such forms to all
 9   abortion facilities in this Commonwealth.
10      (e)    Penalty; civil action.--Any physician who violates the
11   provisions of this section is guilty of "unprofessional
12   conduct," and his or her license for the practice of medicine
13   and surgery shall be subject to suspension or revocation in
14   accordance with procedures provided under the act of October 5,
15   1978 (P.L.1109, No.261), known as the Osteopathic Medical
16   Practice Act, the act of December 20, 1985 (P.L.457, No.112),
17   known as the Medical Practice Act of 1985, or their successor
18   acts. In addition, any physician who knowingly violates the
19   provisions of this section shall be civilly liable to the spouse
20   who is the father of the aborted child for any damages caused
21   thereby and for punitive damages in the amount of $5,000, and
22   the court shall award a prevailing plaintiff a reasonable
23   attorney fee as part of costs.
24   § 3210.   Determination of gestational age.
25      (a)    Requirement.--Except in the case of a medical emergency
26   which prevents compliance with this section, no abortion shall
27   be performed or induced unless the referring physician or the
28   physician performing or inducing it has first made a
29   determination of the probable gestational age of the unborn
30   child. In making such determination, the physician shall make

20250HB0026PN0007                   - 20 -
 1   such inquiries of the patient and perform or cause to be
 2   performed such medical examinations and tests as a prudent
 3   physician would consider necessary to make or perform in making
 4   an accurate diagnosis with respect to gestational age. The
 5   physician who performs or induces the abortion shall report the
 6   type of inquiries made and the type of examinations and tests
 7   utilized to determine the gestational age of the unborn child
 8   and the basis for the diagnosis with respect to gestational age
 9   on forms provided by the department.
10      (b)    Penalty.--Failure of any physician to conform to any
11   requirement of this section constitutes "unprofessional conduct"
12   within the meaning of the act of October 5, 1978 (P.L.1109,
13   No.261), known as the Osteopathic Medical Practice Act, the act
14   of December 20, 1985 (P.L.457, No.112), known as the Medical
15   Practice Act of 1985, or their successor acts. Upon a finding by
16   the State Board of Medicine or the State Board of Osteopathic
17   Medicine that any physician has failed to conform to any
18   requirement of this section, the board shall not fail to suspend
19   that physician's license for a period of at least three months.
20   Intentional, knowing or reckless falsification of any report
21   required under this section is a misdemeanor of the third
22   degree.
23   § 3211.    Abortion on unborn child of 24 or more weeks
24                   gestational age.
25      (a)    Prohibition.--Except as provided in subsection (b), no
26   person shall perform or induce an abortion upon another person
27   when the gestational age of the unborn child is 24 or more
28   weeks.
29      (b)    Exceptions.--
30             (1)   It shall not be a violation of subsection (a) if an

20250HB0026PN0007                       - 21 -
 1      abortion is performed by a physician and that physician
 2      reasonably believes that it is necessary to prevent either
 3      the death of the pregnant woman or the substantial and
 4      irreversible impairment of a major bodily function of the
 5      woman. No abortion shall be deemed authorized under this
 6      paragraph if performed on the basis of a claim or a diagnosis
 7      that the woman will engage in conduct which would result in
 8      her death or in substantial and irreversible impairment of a
 9      major bodily function.
10            (2)   It shall not be a violation of subsection (a) if the
11      abortion is performed by a physician and that physician
12      reasonably believes, after making a determination of the
13      gestational age of the unborn child in compliance with
14      section 3210 (relating to determination of gestational age),
15      that the unborn child is less than 24 weeks gestational age.
16      (c)   Abortion regulated.--Except in the case of a medical
17   emergency which, in the reasonable medical judgment of the
18   physician performing the abortion, prevents compliance with a
19   particular requirement of this subsection, no abortion which is
20   authorized under subsection (b)(1) shall be performed unless
21   each of the following conditions is met:
22            (1)   The physician performing the abortion certifies in
23      writing that, based upon his medical examination of the
24      pregnant woman and his medical judgment, the abortion is
25      necessary to prevent either the death of the pregnant woman
26      or the substantial and irreversible impairment of a major
27      bodily function of the woman.
28            (2)   Such physician's judgment with respect to the
29      necessity for the abortion has been concurred in by one other
30      licensed physician who certifies in writing that, based upon

20250HB0026PN0007                    - 22 -
 1      his or her separate personal medical examination of the
 2      pregnant woman and his or her medical judgment, the abortion
 3      is necessary to prevent either the death of the pregnant
 4      woman or the substantial and irreversible impairment of a
 5      major bodily function of the woman.
 6             (3)   The abortion is performed in a hospital.
 7             (4)   The physician terminates the pregnancy in a manner
 8      which provides the best opportunity for the unborn child to
 9      survive, unless the physician determines, in his or her good
10      faith medical judgment, that termination of the pregnancy in
11      that manner poses a significantly greater risk either of the
12      death of the pregnant woman or the substantial and
13      irreversible impairment of a major bodily function of the
14      woman than would other available methods.
15             (5)   The physician performing the abortion arranges for
16      the attendance, in the same room in which the abortion is to
17      be completed, of a second physician who shall take control of
18      the child immediately after complete extraction from the
19      mother and shall provide immediate medical care for the
20      child, taking all reasonable steps necessary to preserve the
21      child's life and health.
22      (d)    Penalty.--Any person who violates subsection (a) commits
23   a felony of the third degree. Any person who violates subsection
24   (c) commits a misdemeanor of the second degree for the first
25   offense and a misdemeanor of the first degree for subsequent
26   offenses.
27   § 3212.    Infanticide.
28      (a)    Status of fetus.--The law of this Commonwealth shall not
29   be construed to imply that any human being born alive in the
30   course of or as a result of an abortion or pregnancy

20250HB0026PN0007                     - 23 -
 1   termination, no matter what may be that human being's chance of
 2   survival, is not a person under the Constitution and laws of
 3   this Commonwealth.
 4      (b)    Care required.--All physicians and licensed medical
 5   personnel attending a child who is born alive during the course
 6   of an abortion or premature delivery, or after being carried to
 7   term, shall provide such child that type and degree of care and
 8   treatment which, in the good faith judgment of the physician, is
 9   commonly and customarily provided to any other person under
10   similar conditions and circumstances. Any individual who
11   intentionally, knowingly or recklessly violates the provisions
12   of this subsection commits a felony of the third degree.
13      (c)    Obligation of physician.--Whenever the physician or any
14   other person is prevented by lack of parental or guardian
15   consent from fulfilling his obligations under subsection (b), he
16   shall nonetheless fulfill said obligations and immediately
17   notify the juvenile court of the facts of the case. The juvenile
18   court shall immediately institute an inquiry and, if it finds
19   that the lack of parental or guardian consent is preventing
20   treatment required under subsection (b), it shall immediately
21   grant injunctive relief to require such treatment.
22   § 3213.   Prohibited acts.
23      (a)    Payment for abortion.--Except in the case of a pregnancy
24   which is not yet clinically diagnosable, any person who intends
25   to perform or induce abortion shall, before accepting payment
26   therefor, make or obtain a determination that the woman is
27   pregnant. Any person who intentionally or knowingly accepts such
28   a payment without first making or obtaining such a determination
29   commits a misdemeanor of the second degree. Any person who makes
30   such a determination erroneously either knowing that it is

20250HB0026PN0007                   - 24 -
 1   erroneous or with reckless disregard or negligence as to whether
 2   it is erroneous, and who either:
 3            (1)   thereupon or thereafter intentionally relies upon
 4      that determination in soliciting or obtaining any such
 5      payment; or
 6            (2)   intentionally conveys that determination to any
 7      person or persons with knowledge that, or with reckless
 8      disregard as to whether, that determination will be relied
 9      upon in any solicitation or obtaining of any such payment;
10   commits a misdemeanor of the second degree.
11      (b)   Referral fee.--The payment or receipt of a referral fee
12   in connection with the performance of an abortion is a
13   misdemeanor of the first degree. For purposes of this section,
14   "referral fee" means the transfer of anything of value between a
15   physician who performs an abortion or an operator or employee of
16   a clinic at which an abortion is performed and the person who
17   advised the woman receiving the abortion to use the services of
18   that physician or clinic.
19      (c)   Regulations.--The department shall issue regulations to
20   assure that prior to the performance of any abortion, including
21   abortions performed in the first trimester of pregnancy, the
22   maternal Rh status shall be determined and that anti-Rh
23   sensitization prophylaxis shall be provided to each patient at
24   risk of sensitization unless the patient refuses to accept the
25   treatment. Except when there exists a medical emergency or, in
26   the judgment of the physician, there exists no possibility of Rh
27   sensitization, the intentional, knowing, or reckless failure to
28   conform to the regulations issued pursuant to this subsection
29   constitutes "unprofessional conduct" and his license for the
30   practice of medicine and surgery shall be subject to suspension

20250HB0026PN0007                    - 25 -
 1   or revocation in accordance with procedures provided under the
 2   act of October 5, 1978 (P.L.1109, No.261), known as the
 3   Osteopathic Medical Practice Act, the act of December 20, 1985
 4   (P.L.457, No.112), known as the Medical Practice Act of 1985, or
 5   their successor acts.
 6      (d)   Participation in abortion.--Except for a facility
 7   devoted exclusively to the performance of abortions, no medical
 8   personnel or medical facility, nor any employee, agent or
 9   student thereof, shall be required against his or its conscience
10   to aid, abet or facilitate performance of an abortion or
11   dispensing of an abortifacient and failure or refusal to do so
12   shall not be a basis for any civil, criminal, administrative or
13   disciplinary action, penalty or proceeding, nor may it be the
14   basis for refusing to hire or admit anyone. Nothing herein shall
15   be construed to limit the provisions of the act of October 27,
16   1955 (P.L.744, No.222), known as the "Pennsylvania Human
17   Relations Act." Any person who knowingly violates the provisions
18   of this subsection shall be civilly liable to the person thereby
19   injured and, in addition, shall be liable to that person for
20   punitive damages in the amount of $5,000.
21      (e)   In vitro fertilization.--All persons conducting, or
22   experimenting in, in vitro fertilization shall file quarterly
23   reports with the department, which shall be available for public
24   inspection and copying, containing the following information:
25            (1)   Names of all persons conducting or assisting in the
26      fertilization or experimentation process.
27            (2)   Locations where the fertilization or experimentation
28      is conducted.
29            (3)   Name and address of any person, facility, agency or
30      organization sponsoring the fertilization or experimentation

20250HB0026PN0007                    - 26 -
 1      except that names of any persons who are donors or recipients
 2      of sperm or eggs shall not be disclosed.
 3             (4)   Number of eggs fertilized.
 4             (5)   Number of fertilized eggs destroyed or discarded.
 5             (6)   Number of women implanted with a fertilized egg.
 6   Any person required under this subsection to file a report, keep
 7   records or supply information, who willfully fails to file such
 8   report, keep records or supply such information or who submits a
 9   false report shall be assessed a fine by the department in the
10   amount of $50 for each day in which that person is in violation
11   hereof.
12      (f)    Notice.--
13             (1)   Except for a facility devoted exclusively to the
14      performance of abortions, every facility performing abortions
15      shall prominently post a notice, not less than eight and one-
16      half inches by eleven inches in size, entitled "Right of
17      Conscience," for the exclusive purpose of informing medical
18      personnel, employees, agents and students of such facilities
19      of their rights under subsection (d) and under section 5.2 of
20      the Pennsylvania Human Relations Act. The facility shall post
21      the notice required by this subsection in a location or
22      locations where notices to employees, medical personnel and
23      students are normally posted or, if notices are not normally
24      posted, in a location or locations where the notice required
25      by this subsection is likely to be seen by medical personnel,
26      employees or students of the facility. The department shall
27      prescribe a model notice which may be used by any facility,
28      and any facility which utilizes the model notice or
29      substantially similar language shall be deemed in compliance
30      with this subsection.

20250HB0026PN0007                     - 27 -
 1             (2)   The department shall have the authority to assess a
 2      civil penalty of up to $5,000 against any facility for each
 3      violation of this subsection, giving due consideration to the
 4      appropriateness of the penalty with respect to the size of
 5      the facility, the gravity of the violation, the good faith of
 6      the facility and the history of previous violations. Civil
 7      penalties due under this subsection shall be paid to the
 8      department for deposit in the State Treasury and may be
 9      collected by the department in the appropriate court of
10      common pleas. The department shall send a copy of its model
11      notice to every facility which files a report under section
12      3207(b) (relating to abortion facilities). Failure to receive
13      a notice shall not be a defense to any civil action brought
14      pursuant to this subsection.
15   § 3214.    Reporting.
16      (a)    General rule.--For the purpose of promotion of maternal
17   health and life by adding to the sum of medical and public
18   health knowledge through the compilation of relevant data, and
19   to promote the Commonwealth's interest in protection of the
20   unborn child, a report of each abortion performed shall be made
21   to the department on forms prescribed by it. The report forms
22   shall not identify the individual patient by name and shall
23   include the following information:
24             (1)   Identification of the physician who performed the
25      abortion, the concurring physician as required by section
26      3211(c)(2) (relating to abortion on unborn child of 24 or
27      more weeks gestational age), the second physician as required
28      by section 3211(c)(5) and the facility where the abortion was
29      performed and of the referring physician, agency or service,
30      if any.

20250HB0026PN0007                     - 28 -
 1          (2)    The county and state in which the woman resides.
 2          (3)    The woman's age.
 3          (4)    The number of prior pregnancies and prior abortions
 4    of the woman.
 5          (5)    The gestational age of the unborn child at the time
 6    of the abortion.
 7          (6)    The type of procedure performed or prescribed and
 8    the date of the abortion.
 9          (7)    Pre-existing medical conditions of the woman which
10    would complicate pregnancy, if any, and, if known, any
11    medical complication which resulted from the abortion itself.
12          (8)    The basis for the medical judgment of the physician
13    who performed the abortion that the abortion was necessary to
14    prevent either the death of the pregnant woman or the
15    substantial and irreversible impairment of a major bodily
16    function of the woman, where an abortion has been performed
17    pursuant to section 3211(b)(1).
18          (9)    The weight of the aborted child for any abortion
19    performed pursuant to section 3211(b)(1).
20          (10)    Basis for any medical judgment that a medical
21    emergency existed which excused the physician from compliance
22    with any provision of this chapter.
23          (11)    The information required to be reported under
24    section 3210(a) (relating to determination of gestational
25    age).
26          (12)    Whether the abortion was performed upon a married
27    woman and, if so, whether notice to her spouse was given. If
28    no notice to her spouse was given, the report shall also
29    indicate the reason for failure to provide notice.
30    (b)   Completion of report.--The reports shall be completed by

20250HB0026PN0007                     - 29 -
 1   the hospital or other licensed facility, signed by the physician
 2   who performed the abortion and transmitted to the department
 3   within 15 days after each reporting month.
 4      (c)   Pathological examinations.--When there is an abortion
 5   performed during the first trimester of pregnancy, the tissue
 6   that is removed shall be subjected to a gross or microscopic
 7   examination, as needed, by the physician or a qualified person
 8   designated by the physician to determine if a pregnancy existed
 9   and was terminated. If the examination indicates no fetal
10   remains, that information shall immediately be made known to the
11   physician and sent to the department within 15 days of the
12   analysis. When there is an abortion performed after the first
13   trimester of pregnancy where the physician has certified the
14   unborn child is not viable, the dead unborn child and all tissue
15   removed at the time of the abortion shall be submitted for
16   tissue analysis to a board eligible or certified pathologist. If
17   the report reveals evidence of viability or live birth, the
18   pathologist shall report such findings to the department within
19   15 days and a copy of the report shall also be sent to the
20   physician performing the abortion. Intentional, knowing,
21   reckless or negligent failure of the physician to submit such an
22   unborn child or such tissue remains to such a pathologist for
23   such a purpose, or intentional, knowing or reckless failure of
24   the pathologist to report any evidence of live birth or
25   viability to the department in the manner and within the time
26   prescribed is a misdemeanor of the third degree.
27      (d)   Form.--The department shall prescribe a form on which
28   pathologists may report any evidence of absence of pregnancy,
29   live birth or viability.
30      (e)   Statistical reports; public availability of reports.--

20250HB0026PN0007                  - 30 -
 1            (1)   The department shall prepare a comprehensive annual
 2      statistical report for the General Assembly based upon the
 3      data gathered under subsections (a) and (h). Such report
 4      shall not lead to the disclosure of the identity of any
 5      person filing a report or about whom a report is filed, and
 6      shall be available for public inspection and copying.
 7            (2)   Reports filed pursuant to subsection (a) or (h)
 8      shall not be deemed public records within the meaning of that
 9      term as defined by the act of June 21, 1957 (P.L.390,
10      No.212), referred to as the Right-to-Know Law, and shall
11      remain confidential, except that disclosure may be made to
12      law enforcement officials upon an order of a court of common
13      pleas after application showing good cause therefor. The
14      court may condition disclosure of the information upon any
15      appropriate safeguards it may impose.
16            (3)   Original copies of all reports filed under
17      subsections (a), (f) and (h) shall be available to the State
18      Board of Medicine and the State Board of Osteopathic Medicine
19      for use in the performance of their official duties.
20            (4)   Any person who willfully discloses any information
21      obtained from reports filed pursuant to subsection (a) or
22      (h), other than that disclosure authorized under paragraph
23      (1), (2) or (3) hereof or as otherwise authorized by law,
24      shall commit a misdemeanor of the third degree.
25      (f)   Report by facility.--Every facility in which an abortion
26   is performed within this Commonwealth during any quarter year
27   shall file with the department a report showing the total number
28   of abortions performed within the hospital or other facility
29   during that quarter year. This report shall also show the total
30   abortions performed in each trimester of pregnancy. 

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