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
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 hospital emergency abortion
services.
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 823. Hospital emergency abortion services.
(a) Abortion.--Notwithstanding any other law to the
contrary, a hospital with an emergency department located in
this Commonwealth shall provide abortion services to an
individual presenting for care at the hospital if the individual
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has an emergency medical condition and an abortion is necessary
to stabilize the individual.
(b) Requirements.--A hospital is deemed to have satisfied
subsection (a) if the hospital offers abortion services to an
individual and the individual or the individual's legal
representative refuses to consent to the examination and
treatment upon being notified of the risks and benefits to the
individual of the examination and treatment. The hospital shall
take all reasonable steps to secure the written informed consent
of the individual or person acting on the individual's behalf to
refuse the examination and treatment.
(c) 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:
"Emergency department." An entity within a hospital that is
organizationally distinct from other outpatient facilities and
whose primary function is to provide emergency accident or
emergency medical or surgical care.
"Emergency medical condition."
(1) A medical condition manifesting itself by acute
symptoms of sufficient severity that the absence of immediate
medical attention could reasonably be expected to result in:
(i) placing the health of the individual in serious
jeopardy;
(ii) serious impairment to bodily functions; or
(iii) serious dysfunction of any bodily organ or
part.
(2) The term includes:
(i) an ectopic pregnancy;
(ii) complications resulting from pregnancy or of
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pregnancy loss;
(iii) risks to future fertility;
(iv) previable preterm premature rupture of
membranes;
(v) placental abnormalities; or
(vi) emergent hypertensive disorders, such as
preeclampsia.
"Stabilize." To provide medical treatment to an individual
as may be necessary to ensure, within reasonable medical
probability, that no material deterioration of the condition is
likely to result from, or occur during, the transfer of the
individual from a facility.
Section 2. This act shall take effect in 60 days.
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