HB 790 — 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 hospital emergency abortion services.

PRINTER'S NO.   814

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 790
                                               Session of
                                                 2025

     INTRODUCED BY SHUSTERMAN, VENKAT, WAXMAN, KINKEAD, HANBIDGE,
        PROBST, GIRAL, HOHENSTEIN, KHAN, CEPEDA-FREYTIZ, SANCHEZ,
        PIELLI, GUENST, BOROWSKI, STEELE, SCHLOSSBERG, FIEDLER, HILL-
        EVANS, OTTEN, KENYATTA, DEASY, GREEN, O'MARA, CURRY, MAYES,
        MADDEN AND HOWARD, MARCH 3, 2025

     REFERRED TO COMMITTEE ON HEALTH, MARCH 3, 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 hospital emergency abortion
11      services.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    The act of July 19, 1979 (P.L.130, No.48), known
15   as the Health Care Facilities Act, is amended by adding a
16   section to read:
17   Section 823.    Hospital emergency abortion services.
18      (a)   Abortion.--Notwithstanding any other law to the
19   contrary, a hospital with an emergency department located in
20   this Commonwealth shall provide abortion services to an
21   individual presenting for care at the hospital if the individual
 1   has an emergency medical condition and an abortion is necessary
 2   to stabilize the individual.
 3      (b)   Requirements.--A hospital is deemed to have satisfied
 4   subsection (a) if the hospital offers abortion services to an
 5   individual and the individual or the individual's legal
 6   representative refuses to consent to the examination and
 7   treatment upon being notified of the risks and benefits to the
 8   individual of the examination and treatment. The hospital shall
 9   take all reasonable steps to secure the written informed consent
10   of the individual or person acting on the individual's behalf to
11   refuse the examination and treatment.
12      (c)   Definitions.--As used in this section, the following
13   words and phrases shall have the meanings given to them in this
14   subsection unless the context clearly indicates otherwise:
15      "Emergency department."       An entity within a hospital that is
16   organizationally distinct from other outpatient facilities and
17   whose primary function is to provide emergency accident or
18   emergency medical or surgical care.
19      "Emergency medical condition."
20            (1)   A medical condition manifesting itself by acute
21      symptoms of sufficient severity that the absence of immediate
22      medical attention could reasonably be expected to result in:
23                  (i)    placing the health of the individual in serious
24            jeopardy;
25                  (ii)    serious impairment to bodily functions; or
26                  (iii)    serious dysfunction of any bodily organ or
27            part.
28            (2)   The term includes:
29                  (i)    an ectopic pregnancy;
30                  (ii)    complications resulting from pregnancy or of

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 1          pregnancy loss;
 2              (iii)     risks to future fertility;
 3              (iv)     previable preterm premature rupture of
 4          membranes;
 5              (v)    placental abnormalities; or
 6              (vi)     emergent hypertensive disorders, such as
 7          preeclampsia.
 8      "Stabilize."    To provide medical treatment to an individual
 9   as may be necessary to ensure, within reasonable medical
10   probability, that no material deterioration of the condition is
11   likely to result from, or occur during, the transfer of the
12   individual from a facility.
13      Section 2.    This act shall take effect in 60 days.




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