An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in medical services, providing for diagnoses prior to incarceration.

PRINTER'S NO. 2761
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2136
Session of
2026
INTRODUCED BY KINKEAD, HILL-EVANS, WAXMAN, RIVERA, McNEILL,
KHAN, SANCHEZ, WARREN, HOHENSTEIN, D. WILLIAMS, RABB,
SALISBURY, CEPEDA-FREYTIZ, SCHWEYER, MADDEN AND MAYES,
JANUARY 13, 2026
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 13, 2026
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in medical services, providing for
diagnoses prior to incarceration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3304.1. Diagnoses prior to incarceration.
(a) Prohibition.--Except as provided for under subsection
(b), the department may not in any manner remove or refuse to
recognize a diagnosis for any medical condition made by a health
care practitioner as defined under section 103 of the act of
July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act, prior to the incarceration of the individual.
(b) Exception.--The health care practitioner who made the
diagnosis, or a health care practitioner with medical expertise
on the diagnosed medical condition in question who is not
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
employed by or affiliated with the department, may provide to
the department a written statement recommending the removal of a
diagnosis made prior to the incarceration of the individual.
Upon receipt of the written statement, the department may remove
the diagnosis of the medical condition in question.
Section 2. This act shall take effect in 60 days.
20260HB2136PN2761 - 2 -
1
2
3
4
5
6