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
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in abortion, further providing for
informed consent and providing for medical education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3205(a) and (d) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding subsections to read:
§ 3205. Informed consent.
[(a) General rule.--No abortion shall be performed or
induced except with the voluntary and informed consent of the
woman upon whom the abortion is to be performed or induced.
Except in the case of a medical emergency, consent to an
abortion is voluntary and informed if and only if:
(1) At least 24 hours prior to the abortion, the
physician who is to perform the abortion or the referring
physician has orally informed the woman of:
(i) The nature of the proposed procedure or
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treatment and of those risks and alternatives to the
procedure or treatment that a reasonable patient would
consider material to the decision of whether or not to
undergo the abortion.
(ii) The probable gestational age of the unborn
child at the time the abortion is to be performed.
(iii) The medical risks associated with carrying her
child to term.
(2) At least 24 hours prior to the abortion, the
physician who is to perform the abortion or the referring
physician, or a qualified physician assistant, health care
practitioner, technician or social worker to whom the
responsibility has been delegated by either physician, has
informed the pregnant woman that:
(i) The department publishes printed materials which
describe the unborn child and list agencies which offer
alternatives to abortion and that she has a right to
review the printed materials and that a copy will be
provided to her free of charge if she chooses to review
it.
(ii) Medical assistance benefits may be available
for prenatal care, childbirth and neonatal care, and that
more detailed information on the availability of such
assistance is contained in the printed materials
published by the department.
(iii) The father of the unborn child is liable to
assist in the support of her child, even in instances
where he has offered to pay for the abortion. In the case
of rape, this information may be omitted.
(3) A copy of the printed materials has been provided to
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the pregnant woman if she chooses to view these materials.
(4) The pregnant woman certifies in writing, prior to
the abortion, that the information required to be provided
under paragraphs (1), (2) and (3) has been provided.]
(a.1) Requirements.--No abortion shall be performed in this
Commonwealth except with the voluntary and informed consent of
the woman upon whom the abortion is to be performed. Except in
the case of a medical emergency, consent to an abortion is
voluntary and informed only if:
(1) (i) The woman is told the following, by telephone
or in person, by the physician who is to perform the
abortion, by a qualified agent of the physician who is to
perform the abortion, by a qualified agent of a referring
physician or by a referring physician, at least 24 hours
before the abortion:
(A) the particular medical risks to the
individual patient associated with the particular
abortion procedure to be employed, when medically
accurate;
(B) the probable gestational age and presence of
a detectable human heartbeat of an unborn child at
the time the abortion would be performed; and
(C) the medical risks associated with carrying
an unborn child to term.
(ii) The information required by subparagraph (i)
may be provided by telephone without conducting a
physical examination or tests of the woman, in which case
the information required to be provided may be based on
facts supplied to the physician by the woman and any
other relevant information reasonably available to the
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physician. The information may not be provided by a tape
recording but shall be provided during a consultation in
which the physician or a qualified agent of the physician
is able to ask questions of the woman and the woman is
able to ask questions of the physician or the physician's
qualified agent. If in the medical judgment of the
physician any physical examination, tests or other
information subsequently provided to the physician
requires a revision of the information previously
supplied to the woman, the revised information must be
communicated to the woman prior to the performance of the
abortion. Nothing in this section may be construed to
preclude provision of required information in a language
understood by the woman through a translator.
(2) (i) The woman is informed, by telephone or in
person, by the physician who is to perform the abortion,
by a referring physician or by a qualified agent of the
physician who is to perform the abortion at least 24
hours before the abortion:
(A) That medical assistance benefits may be
available for prenatal care, childbirth and neonatal
care.
(B) That the father will be liable to assist in
the support of her child.
(C) How to obtain a list of health care
providers, facilities and clinics that offer to
perform ultrasounds free of charge. The list shall be
arranged geographically and include the name,
address, hours of operation and telephone number of
each listed entity.
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(D) That she has the right to review the
materials described in section 3208.2 (relating to
medical education) and that the materials are
available on the department's publicly accessible
Internet website. The physician or the physician's
qualified agent shall orally inform the woman that
materials have been provided by the Commonwealth of
Pennsylvania. If the woman chooses to view the
materials other than on the website, the materials
shall either be given to her at least 24 hours before
the abortion or mailed to her at least 72 hours
before the abortion by certified mail, restricted
delivery to addressee.
(ii) The information required by subparagraph (i)
may be provided by a tape recording if provision is made
to record or otherwise register specifically whether the
woman does or does not choose to review the printed
materials other than on the website.
(3) The woman certifies in writing, prior to the
abortion, that the information described in paragraphs (1)
and (2) has been furnished to her and that she has been
informed of her opportunity to review the information
referred to in paragraph (2).
(4) The woman receives an ultrasound at least 48 hours
prior to undergoing an abortion or a pre-abortion screen
subject to the following:
(i) At the conclusion of the ultrasound, the woman
is offered the opportunity to view the fetal image and
hear the fetal heartbeat. The active ultrasound image
shall be of a quality consistent with standard medical
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practice in the community, contain the dimensions of the
unborn child and accurately portray the presence of
external members and internal organs, including the
heartbeat, if present or viewable, of the unborn child.
The auscultation of fetal heart tone shall be of a
quality consistent with standard medical practice in the
community.
(ii) At the conclusion of the action described in
subparagraph (i) and prior to the abortion, the woman
certifies in writing that:
(A) she was provided the opportunity described
in subparagraph (i);
(B) whether or not she elected to view the
sonogram; and
(C) whether or not she elected to listen to the
fetal heartbeat, if present.
(5) Prior to performing the abortion, the physician who
is to perform the abortion, or the physician's qualified
agent:
(i) receives a copy of the certifications prescribed
by paragraphs (3) and (4); and
(ii) retains the certifications on file with the
woman's medical record for at least three years following
the date of receipt.
* * *
(d) Limitation on civil liability.--Any physician who
complies with the provisions of this section may not be held
civilly liable to his patient for failure to obtain informed
consent to the abortion within the meaning of that term as
defined by the act of [October 15, 1975 (P.L.390, No.111), known
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as the Health Care Services Malpractice Act.] March 20, 2002
(P.L.154, No.13), known as the Medical Care Availability and
Reduction of Error (Mcare) Act.
(e) List.--The department shall prepare a geographically
indexed list of health care providers, facilities and clinics
that perform ultrasounds which provide ultrasound images and
shall separately list health care providers, facilities and
clinics that offer ultrasound services free of charge. The list
shall contain contact information for each provider, facility or
clinic, including telephone numbers, physical addresses and
Internet website addresses. The physician performing the
abortion, or a designated representative of the physician, shall
provide the list to the woman without charge.
Section 2. Title 18 is amended by adding a section to read:
§ 3208.2. Medical education.
(a) Duties of department.--The department shall create a
video and other materials that in terms understandable to a
reasonable person describe:
(1) The Commonwealth's abortion laws and acts that do
and do not constitute an abortion.
(2) For acts described under paragraph (1) that:
(i) Miscarriage care is not an abortion.
(ii) Ectopic pregnancy care is not an abortion.
(iii) A premature delivery of an unborn child for
the purposes of preserving the life or health of the
mother is not an abortion, even if the procedure results
in the inadvertent death of the unborn child.
(3) The most common medical conditions that threaten the
life or health of a pregnant woman.
(4) The generally accepted standards of care applicable
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to the treatment of a pregnant woman experiencing life-
threatening or health-threatening medical conditions.
(5) The criteria that a health care practitioner,
exercising reasonable medical judgment, might use in
determining the best course of treatment for a pregnant woman
experiencing life-threatening or health-threatening medical
conditions and for her unborn child.
(b) Duty to consult with Attorney General and
stakeholders.--In creating the video and other materials
described in subsection (a), the department shall consult with
the Attorney General and stakeholders having medical and legal
expertise. Upon completion, the department shall make the video
and materials available without charge on the department's
publicly accessible Internet website.
Section 3. This act shall take effect in 60 days.
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