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
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," in licensing of health care
facilities, providing for do-not-resuscitate orders for
minors.
This act shall be known and may be cited as Simon's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
section to read:
Section 806.5. Do-not-resuscitate orders for minors.
(a) Prohibited actions.--Subject to subsection (d)(2), a
health care facility, health care provider or health care
practitioner may not:
(1) Withhold, withdraw or place any restrictions on
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life-sustaining measures for a minor in the care of the
health care facility, health care provider or health care
practitioner without the written consent of at least one
parent or legal guardian of the minor.
(2) Institute, either orally or in writing, a do-not-
resuscitate order or similar order for a minor in the care of
the health care facility, health care provider or health care
practitioner without the written consent of at least one
parent or legal guardian of the minor.
(b) Disagreement.--If the parents or legal guardians
disagree regarding life-sustaining measures or the do-not-
resuscitate order under subsection (a), the health care
facility, health care provider or health care practitioner shall
implement life-sustaining measures on the minor in accordance
with this section.
(c) Revocation.--
(1) A parent or legal guardian who previously gave
consent in accordance with subsection (a) may revoke the
consent by providing a written revocation to the health care
facility, health care provider or health care practitioner.
(2) A revocation under this subsection shall take
precedence over any prior consent to implement a do-not-
resuscitate order or similar order.
(d) Contact.--
(1) A health care facility, health care provider or
health care practitioner shall:
(i) Make a good faith effort to contact a parent or
legal guardian of the minor to obtain consent regarding
life-sustaining measures and a do-not-resuscitate order
under subsection (a).
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(ii) If the health care facility, health care
provider or health care practitioner is unable to satisfy
the requirement under subparagraph (i), document the name
of each individual who was the subject of the
unsuccessful attempt to contact and the date and time of
each unsuccessful attempt to contact.
(2) The requirements under subsection (a) shall not
apply if the health care facility, health care provider or
health care practitioner makes a good faith effort in
accordance with paragraph (1)(i) but is unable to contact the
parent or legal guardian within a 48-hour period.
(e) Medical record.--A health care facility, health care
provider or health care practitioner shall include in the
medical record of a minor in the care of the health care
facility, health care provider or health care practitioner the
following, as applicable:
(1) A written consent made in accordance with subsection
(a), which must include:
(i) The name of the individual who gave the consent,
along with the relationship between the individual and
the minor.
(ii) The names of applicable witnesses to the
consent.
(iii) The date and time that the consent was
obtained.
(2) A written revocation made in accordance with
subsection (c), which must include:
(i) The name of the individual who withdrew the
consent, along with the relationship between the
individual and the minor.
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(ii) The names of applicable witnesses to the
revocation.
(iii) The date and time that the revocation was
obtained.
(3) The information specified under subsection (d)(1)
(ii).
(f) Other medical opinions, transfer and access.--A health
care facility, health care provider or health care practitioner
may not interfere with the efforts of a parent or legal guardian
of a minor in the care of the health care facility, health care
provider or health care practitioner to obtain other medical
opinions or a transfer of the minor to another health care
facility, health care provider or health care practitioner
selected by the parent or legal guardian. The health care
facility, health care provider or health care practitioner:
(1) Shall provide immediate access to the minor and the
medical records of the minor by the other health care
facility, health care provider or health care practitioner,
upon request by the parent or legal guardian or the other
health care facility, health care provider or health care
practitioner.
(2) May not hinder or delay any necessary measures,
mechanisms or procedures required to facilitate a transfer of
the minor to the other health care facility, health care
provider or health care practitioner.
(3) Shall continue the provision of life-sustaining
procedures and life-sustaining artificially administered
nutrition and hydration to the minor until the transfer is
initiated.
(4) Shall make every reasonable effort to assist the
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requesting parent or legal guardian in the transfer process.
(g) Judicial intervention prohibited.--A court of competent
jurisdiction may not withdraw life-sustaining measures from a
minor over the objection of a parent or legal guardian of the
minor unless there is clear medical evidence of destruction of
the circulatory or respiratory system of the minor.
(h) Policy disclosures.--
(1) Upon request of a patient or prospective patient,
including a parent or legal guardian of a patient or
prospective patient who is a minor, a health care facility,
health care provider or health care practitioner shall
disclose in writing any policy involving resuscitation or
life-sustaining measures, including any policies relating to
measures that the health care facility, health care provider
or health care practitioner deems nonbeneficial, ineffective,
futile or inappropriate.
(2) Nothing in this subsection shall be construed to
require a health care facility, health care provider or
health care practitioner to have any policy described under
paragraph (1).
(i) Construction.--Nothing in this section shall be
construed to require:
(1) A health care facility, health care provider or
health care practitioner to implement resuscitative measures
or continue to implement resuscitative measures on a minor if
the measures are medically inappropriate based on reasonable
medical judgment because the measures would:
(i) create a greater risk of causing or hastening
the death of the minor; or
(ii) be potentially harmful or cause unnecessary
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pain, suffering or injury to the minor.
(2) A health insurer to provide coverage for health care
services, including a transfer of a minor to another health
care facility, health care provider or health care
practitioner, that would not otherwise be a covered benefit
under an eligible patient's health insurance policy.
(j) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Do-not-resuscitate order." An order in a patient's medical
record that reflects a decision to forgo cardiopulmonary
resuscitative or other life-sustaining measures.
"Minor." An unemancipated individual who is under 18 years
of age and who is not:
(1) under juvenile court supervision;
(2) in active State military duty; or
(3) in active military duty in the armed forces of the
United States.
"Reasonable medical judgment." Medical judgment that would
be made by a reasonably prudent health care practitioner who is
knowledgeable about the case at issue and any sound treatment
possibilities with respect to the medical conditions involved.
Section 2. This act shall take effect in 60 days.
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