HB 720 — An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, in licensing of health care facilities, providing for do-not-resuscitate orders for minors.

PRINTER'S NO.   739

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 720
                                                Session of
                                                  2025

     INTRODUCED BY BERNSTINE, HAMM, KAUFFMAN, CIRESI, SMITH,
        ZIMMERMAN, GILLEN, KUTZ AND WATRO, FEBRUARY 24, 2025

     REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 24, 2025


                                     AN ACT
 1   Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
 2      act relating to health care; prescribing the powers and
 3      duties of the Department of Health; establishing and
 4      providing the powers and duties of the State Health
 5      Coordinating Council, health systems agencies and Health Care
 6      Policy Board in the Department of Health, and State Health
 7      Facility Hearing Board in the Department of Justice;
 8      providing for certification of need of health care providers
 9      and prescribing penalties," in licensing of health care
10      facilities, providing for do-not-resuscitate orders for
11      minors.
12      This act shall be known and may be cited as Simon's Law.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.    The act of July 19, 1979 (P.L.130, No.48), known
16   as the Health Care Facilities Act, is amended by adding a
17   section to read:
18   Section 806.5.    Do-not-resuscitate orders for minors.
19      (a)   Prohibited actions.--Subject to subsection (d)(2), a
20   health care facility, health care provider or health care
21   practitioner may not:
22            (1)   Withhold, withdraw or place any restrictions on
 1      life-sustaining measures for a minor in the care of the
 2      health care facility, health care provider or health care
 3      practitioner without the written consent of at least one
 4      parent or legal guardian of the minor.
 5            (2)   Institute, either orally or in writing, a do-not-
 6      resuscitate order or similar order for a minor in the care of
 7      the health care facility, health care provider or health care
 8      practitioner without the written consent of at least one
 9      parent or legal guardian of the minor.
10      (b)   Disagreement.--If the parents or legal guardians
11   disagree regarding life-sustaining measures or the do-not-
12   resuscitate order under subsection (a), the health care
13   facility, health care provider or health care practitioner shall
14   implement life-sustaining measures on the minor in accordance
15   with this section.
16      (c)   Revocation.--
17            (1)   A parent or legal guardian who previously gave
18      consent in accordance with subsection (a) may revoke the
19      consent by providing a written revocation to the health care
20      facility, health care provider or health care practitioner.
21            (2)   A revocation under this subsection shall take
22      precedence over any prior consent to implement a do-not-
23      resuscitate order or similar order.
24      (d)   Contact.--
25            (1)   A health care facility, health care provider or
26      health care practitioner shall:
27                  (i)   Make a good faith effort to contact a parent or
28            legal guardian of the minor to obtain consent regarding
29            life-sustaining measures and a do-not-resuscitate order
30            under subsection (a).

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 1                  (ii)    If the health care facility, health care
 2            provider or health care practitioner is unable to satisfy
 3            the requirement under subparagraph (i), document the name
 4            of each individual who was the subject of the
 5            unsuccessful attempt to contact and the date and time of
 6            each unsuccessful attempt to contact.
 7            (2)   The requirements under subsection (a) shall not
 8      apply if the health care facility, health care provider or
 9      health care practitioner makes a good faith effort in
10      accordance with paragraph (1)(i) but is unable to contact the
11      parent or legal guardian within a 48-hour period.
12      (e)   Medical record.--A health care facility, health care
13   provider or health care practitioner shall include in the
14   medical record of a minor in the care of the health care
15   facility, health care provider or health care practitioner the
16   following, as applicable:
17            (1)   A written consent made in accordance with subsection
18      (a), which must include:
19                  (i)    The name of the individual who gave the consent,
20            along with the relationship between the individual and
21            the minor.
22                  (ii)    The names of applicable witnesses to the
23            consent.
24                  (iii)    The date and time that the consent was
25            obtained.
26            (2)   A written revocation made in accordance with
27      subsection (c), which must include:
28                  (i)    The name of the individual who withdrew the
29            consent, along with the relationship between the
30            individual and the minor.

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 1                  (ii)    The names of applicable witnesses to the
 2            revocation.
 3                  (iii)    The date and time that the revocation was
 4            obtained.
 5            (3)   The information specified under subsection (d)(1)
 6      (ii).
 7      (f)   Other medical opinions, transfer and access.--A health
 8   care facility, health care provider or health care practitioner
 9   may not interfere with the efforts of a parent or legal guardian
10   of a minor in the care of the health care facility, health care
11   provider or health care practitioner to obtain other medical
12   opinions or a transfer of the minor to another health care
13   facility, health care provider or health care practitioner
14   selected by the parent or legal guardian. The health care
15   facility, health care provider or health care practitioner:
16            (1)   Shall provide immediate access to the minor and the
17      medical records of the minor by the other health care
18      facility, health care provider or health care practitioner,
19      upon request by the parent or legal guardian or the other
20      health care facility, health care provider or health care
21      practitioner.
22            (2)   May not hinder or delay any necessary measures,
23      mechanisms or procedures required to facilitate a transfer of
24      the minor to the other health care facility, health care
25      provider or health care practitioner.
26            (3)   Shall continue the provision of life-sustaining
27      procedures and life-sustaining artificially administered
28      nutrition and hydration to the minor until the transfer is
29      initiated.
30            (4)   Shall make every reasonable effort to assist the

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 1      requesting parent or legal guardian in the transfer process.
 2      (g)   Judicial intervention prohibited.--A court of competent
 3   jurisdiction may not withdraw life-sustaining measures from a
 4   minor over the objection of a parent or legal guardian of the
 5   minor unless there is clear medical evidence of destruction of
 6   the circulatory or respiratory system of the minor.
 7      (h)   Policy disclosures.--
 8            (1)   Upon request of a patient or prospective patient,
 9      including a parent or legal guardian of a patient or
10      prospective patient who is a minor, a health care facility,
11      health care provider or health care practitioner shall
12      disclose in writing any policy involving resuscitation or
13      life-sustaining measures, including any policies relating to
14      measures that the health care facility, health care provider
15      or health care practitioner deems nonbeneficial, ineffective,
16      futile or inappropriate.
17            (2)   Nothing in this subsection shall be construed to
18      require a health care facility, health care provider or
19      health care practitioner to have any policy described under
20      paragraph (1).
21      (i)   Construction.--Nothing in this section shall be
22   construed to require:
23            (1)   A health care facility, health care provider or
24      health care practitioner to implement resuscitative measures
25      or continue to implement resuscitative measures on a minor if
26      the measures are medically inappropriate based on reasonable
27      medical judgment because the measures would:
28                  (i)    create a greater risk of causing or hastening
29            the death of the minor; or
30                  (ii)    be potentially harmful or cause unnecessary

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 1            pain, suffering or injury to the minor.
 2            (2)   A health insurer to provide coverage for health care
 3      services, including a transfer of a minor to another health
 4      care facility, health care provider or health care
 5      practitioner, that would not otherwise be a covered benefit
 6      under an eligible patient's health insurance policy.
 7      (j)   Definitions.--As used in this section, the following
 8   words and phrases shall have the meanings given to them in this
 9   subsection unless the context clearly indicates otherwise:
10      "Do-not-resuscitate order."     An order in a patient's medical
11   record that reflects a decision to forgo cardiopulmonary
12   resuscitative or other life-sustaining measures.
13      "Minor."    An unemancipated individual who is under 18 years
14   of age and who is not:
15            (1)   under juvenile court supervision;
16            (2)   in active State military duty; or
17            (3)   in active military duty in the armed forces of the
18      United States.
19      "Reasonable medical judgment."       Medical judgment that would
20   be made by a reasonably prudent health care practitioner who is
21   knowledgeable about the case at issue and any sound treatment
22   possibilities with respect to the medical conditions involved.
23      Section 2.    This act shall take effect in 60 days.




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