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PRINTER'S NO. 1477
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1197
Session of
2026
INTRODUCED BY CAPPELLETTI, COSTA, STREET, SCHWANK AND COLLETT,
FEBRUARY 27, 2026
REFERRED TO JUDICIARY, FEBRUARY 27, 2026
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in health care, repealing
provisions relating to pregnancy and further providing for
execution, for requirements and options and for example; and
making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5429 of Title 20 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 5429. Pregnancy.
(a) Living wills and health care decisions.--Notwithstanding
the existence of a living will, a health care decision by a
health care representative or health care agent or any other
direction to the contrary, life-sustaining treatment, nutrition
and hydration shall be provided to a pregnant woman who is
incompetent and has an end-stage medical condition or who is
permanently unconscious unless, to a reasonable degree of
medical certainty as certified on the pregnant woman's medical
record by the pregnant woman's attending physician and an
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obstetrician who has examined the pregnant woman, life-
sustaining treatment, nutrition and hydration:
(1) will not maintain the pregnant woman in such a way
as to permit the continuing development and live birth of the
unborn child;
(2) will be physically harmful to the pregnant woman; or
(3) will cause pain to the pregnant woman that cannot be
alleviated by medication.
(b) Rule for orders.--Notwithstanding the existence of an
order or direction to the contrary, life-sustaining treatment,
cardiopulmonary resuscitation, nutrition and hydration shall be
provided to a pregnant patient unless, to a reasonable degree of
medical certainty as certified on the pregnant patient's medical
record by the attending physician and an obstetrician who has
examined the pregnant patient, life-sustaining treatment,
nutrition and hydration:
(1) will not maintain the pregnant patient in such a way
as to permit the continuing development and live birth of the
unborn child;
(2) will be physically harmful to the pregnant patient;
or
(3) would cause pain to the pregnant patient that cannot
be alleviated by medication.
(c) Pregnancy test.--Nothing in this chapter shall require a
physician to perform a pregnancy test unless the physician has
reason to believe that the woman may be pregnant.
(d) Payment of expenses by Commonwealth.--
(1) In the event that treatment, cardiopulmonary
resuscitation, nutrition and hydration are provided to a
pregnant woman, notwithstanding the existence of a living
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will, health care decision by a health care representative or
health care agent, order or direction to the contrary, the
Commonwealth shall pay all usual, customary and reasonable
expenses directly, indirectly and actually incurred by the
pregnant woman to whom such treatment, cardiopulmonary
resuscitation, nutrition and hydration are provided.
(2) The Commonwealth shall have the right of subrogation
against all moneys paid by any third-party health insurer on
behalf of the pregnant woman.
(3) The expenditures incurred on behalf of the pregnant
woman constitute a grant, and a lien may not be placed upon
the property of the pregnant woman, her estate or her heirs.]
Section 2. Section 5442 of Title 20 is amended by adding a
subsection to read:
§ 5442. Execution.
* * *
(b.1) Optional provision.--A living will may contain a
provision expressing the individual's decisions relating to the
initiation, continuation, withholding or withdrawal of life-
sustaining treatment if the individual is diagnosed as pregnant.
* * *
Section 3. Section 5453(b) of Title 20 is amended by adding
a paragraph to read:
§ 5453. Requirements and options.
* * *
(b) Optional provisions.--A health care power of attorney
may, but need not:
* * *
(8) Contain a provision expressing the principal's
health care decisions and related actions by the health care
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agent or health care representative if the principal is
diagnosed as pregnant.
Section 4. Sections 5456(b) and 5471 of Title 20 are amended
to read:
§ 5456. Authority of health care agent.
* * *
(b) Life-sustaining treatment decisions.--A life-sustaining
treatment decision made by a health care agent is subject to
this section and sections [5429 (relating to pregnancy),] 5454
(relating to when health care power of attorney operative) and
5462(a) (relating to duties of attending physician and health
care provider).
* * *
§ 5471. Example.
The following is an example of a document that combines a
living will and health care power of attorney:
DURABLE HEALTH CARE POWER OF ATTORNEY
AND HEALTH CARE TREATMENT INSTRUCTIONS
(LIVING WILL)
PART I
INTRODUCTORY REMARKS ON
HEALTH CARE DECISION MAKING
You have the right to decide the type of health care you
want.
Should you become unable to understand, make or
communicate decisions about medical care, your wishes for
medical treatment are most likely to be followed if you
express those wishes in advance by:
(1) naming a health care agent to decide treatment
for you; and
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(2) giving health care treatment instructions to
your health care agent or health care provider.
An advance health care directive is a written set of
instructions expressing your wishes for medical treatment.
NOTICE ABOUT ANATOMICAL DONATION
This document may also contain directions regarding
whether you wish to donate an organ, tissue or eyes. Under
Pennsylvania law, donating a part of the body for
transplantation or research is a voluntary act. You do not
have to donate an organ, tissue, eye or other part of the
body. However, it is important that you make your wishes
about anatomical donation known, just as it is important to
make your choices about end-of-life care known.
Surgeons have made great strides in the field of organ
donation and can now transplant hands, facial tissue and
limbs. A hand, facial tissue and a limb are examples of what
is known as a vascularized composite allograft. Under
Pennsylvania law, explicit and specific consent to donate
hands, facial tissue, limbs or other vascularized composite
allografts must be given. You may use this document to make
clear your wish to donate or not to donate hands, facial
tissue or limbs.
Under Pennsylvania law, the organ donor designation on
the driver's license authorizes the individual to donate what
we traditionally think of as organs (heart, lung, liver,
kidney) and tissue and does not authorize the individual to
donate hands, facial tissue, limbs or other vascularized
composite allografts.
Detailed information about anatomical donation, including
the procedure used to recover organs, tissues and eyes, can
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be found on the Department of Transportation's Internet
website. Information about the donation of hands, facial
tissue and limbs can also be found on the Department of
Transportation's Internet website.
You may wish to consult with your physician or your
attorney to determine whether the procedure for making an
anatomical donation is compatible with fulfilling your
specific choices for end-of-life care. In addition, you may
want to consult with clergy regarding whether you want to
donate an organ, a hand, facial tissue or limb or other part
of the body. It is important to understand that donating a
hand, limb or facial tissue may have an impact on funeral
arrangements and that an open casket may not be possible.
An advance health care directive may contain a health
care power of attorney, where you name a person called a
"health care agent" to decide treatment for you, and a living
will, where you tell your health care agent and health care
providers your choices regarding the initiation,
continuation, withholding or withdrawal of life-sustaining
treatment and other specific directions regarding end-of-life
care and your views regarding organ and tissue donation.
You may limit your health care agent's involvement in
deciding your medical treatment so that your health care
agent will speak for you only when you are unable to speak
for yourself or you may give your health care agent the power
to speak for you immediately. This combined form gives your
health care agent the power to speak for you only when you
are unable to speak for yourself. A living will cannot be
followed unless your attending physician determines that you
lack the ability to understand, make or communicate health
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care decisions for yourself and you are either permanently
unconscious or you have an end-stage medical condition, which
is a condition that will result in death despite the
introduction or continuation of medical treatment. You, and
not your health care agent, remain responsible for the cost
of your medical care.
If you do not write down your wishes about your health
care in advance, and if later you become unable to
understand, make or communicate these decisions, those wishes
may not be honored because they may remain unknown to others.
A health care provider who refuses to honor your wishes
about health care must tell you of its refusal and help to
transfer you to a health care provider who will honor your
wishes.
You should give a copy of your advance health care
directive (a living will, health care power of attorney or a
document containing both) to your health care agent, your
physicians, family members and others whom you expect would
likely attend to your needs if you become unable to
understand, make or communicate decisions about medical care.
If your health care wishes change, tell your physician and
write a new advance health care directive to replace your old
one. If your wishes about donating an organ, tissue or eyes
change, tell your physician and write a new advance health
care directive to replace your old one. If you do not wish to
donate a hand, facial tissue or limb, it is important to make
that clear in your advance health care directive or health
care power of attorney, or both. It is important in selecting
a health care agent that you choose a person you trust who is
likely to be available in a medical situation where you
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cannot make decisions for yourself. You should inform that
person that you have appointed him or her as your health care
agent and discuss your beliefs and values with him or her so
that your health care agent will understand your health care
objectives, including whether you want to limit or withhold
life-sustaining measures in the event that you become
permanently unconscious or have an end-stage medical
condition. You should also tell your health care agent
whether you want to donate organs, tissue, eyes or other
parts of the body and whether you want to make a donation of
your hands, facial tissue or limbs. It is important to
understand that if you decide to donate a hand, limb or
facial tissue it may impact funeral arrangements and that an
open casket may not be possible.
You may wish to consult with knowledgeable, trusted
individuals such as family members, your physician or clergy
when considering an expression of your values and health care
wishes. You are free to create your own advance health care
directive to convey your wishes regarding medical treatment.
The following form is an example of an advance health care
directive that combines a health care power of attorney with
a living will.
NOTES ABOUT THE USE OF THIS FORM
If you decide to use this form or create your own advance
health care directive, you should consult with your physician
and your attorney to make sure that your wishes are clearly
expressed and comply with the law.
If you decide to use this form but disagree with any of
its statements, you may cross out those statements.
You may add comments to this form or use your own form to
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help your physician or health care agent decide your medical
care.
This form is designed to give your health care agent
broad powers to make health care decisions for you whenever
you cannot make them for yourself. It is also designed to
express a desire to limit or authorize care if you have an
end-stage medical condition or are permanently unconscious.
If you do not desire to give your health care agent broad
powers, or you do not wish to limit your care if you have an
end-stage medical condition or are permanently unconscious,
you may wish to use a different form or create your own. YOU
SHOULD ALSO USE A DIFFERENT FORM IF YOU WISH TO EXPRESS YOUR
PREFERENCES IN MORE DETAIL THAN THIS FORM ALLOWS OR IF YOU
WISH FOR YOUR HEALTH CARE AGENT TO BE ABLE TO SPEAK FOR YOU
IMMEDIATELY. In these situations, it is particularly
important that you consult with your attorney and physician
to make sure that your wishes are clearly expressed,
including whether you want to limit or withhold life-
sustaining measures in the event that you become permanently
unconscious or have an end-stage medical condition and
whether you wish to donate a part of the body for
transplantation or research. You should also clearly express
whether or not you wish to donate hands, facial tissue or
limbs.
This form allows you to tell your health care agent your
goals if you have an end-stage medical condition or other
extreme and irreversible medical condition, such as advanced
Alzheimer's disease. Do you want medical care applied
aggressively in these situations or would you consider such
aggressive medical care burdensome and undesirable?
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You may choose whether you want your health care agent to
be bound by your instructions or whether you want your health
care agent to be able to decide at the time what course of
treatment the health care agent thinks most fully reflects
your wishes and values.
[If you are a woman and diagnosed as being pregnant at
the time a health care decision would otherwise be made
pursuant to this form, the laws of this Commonwealth prohibit
implementation of that decision if it directs that life-
sustaining treatment, including nutrition and hydration, be
withheld or withdrawn from you, unless your attending
physician and an obstetrician who have examined you certify
in your medical record that the life-sustaining treatment:
(1) will not maintain you in such a way as to permit the
continuing development and live birth of the unborn child;
(2) will be physically harmful to you; or
(3) will cause pain to you that cannot be alleviated by
medication.
A physician is not required to perform a pregnancy test on
you unless the physician has reason to believe that you may
be pregnant.]
Pennsylvania law protects your health care agent and
health care providers from any legal liability for following
in good faith your wishes as expressed in the form or by your
health care agent's direction. It does not otherwise change
professional standards or excuse negligence in the way your
wishes are carried out. If you have any questions about the
law, consult an attorney for guidance.
This form and explanation is not intended to take the
place of specific legal or medical advice for which you
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should rely upon your own attorney and physician.
PART II
DURABLE HEALTH CARE POWER OF ATTORNEY
I,........................, of....................
County, Pennsylvania, appoint the person named below to be my
health care agent to make health and personal care decisions
for me.
Effective immediately and continuously until my death or
revocation by a writing signed by me or someone authorized to
make health care treatment decisions for me, I authorize all
health care providers or other covered entities to disclose
to my health care agent, upon my agent's request, any
information, oral or written, regarding my physical or mental
health, including, but not limited to, medical and hospital
records and what is otherwise private, privileged, protected
or personal health information, such as health information as
defined and described in the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 110 Stat.
1936), the regulations promulgated thereunder and any other
State or local laws and rules. Information disclosed by a
health care provider or other covered entity may be
redisclosed and may no longer be subject to the privacy rules
provided by 45 C.F.R. Pt. 164.
The remainder of this document will take effect when and
only when I lack the ability to understand, make or
communicate a choice regarding a health or personal care
decision as verified by my attending physician. My health
care agent may not delegate the authority to make decisions.
MY HEALTH CARE AGENT HAS ALL OF THE FOLLOWING POWERS
SUBJECT TO THE HEALTH CARE TREATMENT INSTRUCTIONS THAT FOLLOW
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IN PART III (CROSS OUT ANY POWERS YOU DO NOT WANT TO GIVE
YOUR HEALTH CARE AGENT):
1. To authorize, withhold or withdraw medical care and
surgical procedures.
2. To authorize, withhold or withdraw nutrition (food)
or hydration (water) medically supplied by tube through my
nose, stomach, intestines, arteries or veins.
3. To authorize my admission to or discharge from a
medical, nursing, residential or similar facility and to make
agreements for my care and health insurance for my care,
including hospice and/or palliative care.
4. To hire and fire medical, social service and other
support personnel responsible for my care.
5. To take any legal action necessary to do what I have
directed.
6. To request that a physician responsible for my care
issue a do-not-resuscitate (DNR) order, including an out-of-
hospital DNR order, and sign any required documents and
consents.
7. To authorize or refuse to authorize donation of what
we traditionally think of as organs (for example, heart,
lung, liver, kidney), tissue, eyes or other parts of the
body.
8. To authorize or refuse to authorize donation of
hands, facial tissue, limbs or other vascularized composite
allografts.
APPOINTMENT OF HEALTH CARE AGENT
I appoint the following health care agent:
Health Care Agent:...................................
(Name and relationship)
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Address:.............................................
.....................................................
Telephone Number: Home............. Work............
E-mail:..............................................
IF YOU DO NOT NAME A HEALTH CARE AGENT, HEALTH CARE PROVIDERS
WILL ASK YOUR FAMILY OR AN ADULT WHO KNOWS YOUR PREFERENCES
AND VALUES FOR HELP IN DETERMINING YOUR WISHES FOR TREATMENT.
NOTE THAT YOU MAY NOT APPOINT YOUR DOCTOR OR OTHER HEALTH
CARE PROVIDER AS YOUR HEALTH CARE AGENT UNLESS RELATED TO YOU
BY BLOOD, MARRIAGE OR ADOPTION.
If my health care agent is not readily available or if my
health care agent is my spouse and an action for divorce
is filed by either of us after the date of this document,
I appoint the person or persons named below in the order
named. (It is helpful, but not required, to name
alternative health care agents.)
First Alternative Health Care Agent:.................
(Name and relationship)
Address:.............................................
.....................................................
Telephone Number: Home............. Work............
E-mail:..............................................
Second Alternative Health Care Agent:................
(Name and relationship)
Address:.............................................
.....................................................
Telephone Number: Home............. Work............
E-mail:..............................................
GUIDANCE FOR HEALTH CARE AGENT (OPTIONAL) GOALS
If I have an end-stage medical condition or other extreme
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irreversible medical condition, my goals in making medical
decisions are as follows (insert your personal priorities
such as comfort, care, preservation of mental function,
etc.):...................................................
.........................................................
.........................................................
.........................................................
SEVERE BRAIN DAMAGE OR BRAIN DISEASE
If I should suffer from severe and irreversible brain
damage or brain disease with no realistic hope of significant
recovery, I would consider such a condition intolerable and
the application of aggressive medical care to be burdensome.
I therefore request that my health care agent respond to any
intervening (other and separate) life-threatening conditions
in the same manner as directed for an end-stage medical
condition or state of permanent unconsciousness as I have
indicated below.
Initials..............I agree
Initials..............I disagree
PART III
HEALTH CARE TREATMENT INSTRUCTIONS IN THE EVENT
OF END-STAGE MEDICAL CONDITION
OR PERMANENT UNCONSCIOUSNESS
(LIVING WILL)
The following health care treatment instructions exercise
my right to make my own health care decisions. These
instructions are intended to provide clear and convincing
evidence of my wishes to be followed when I lack the capacity
to understand, make or communicate my treatment decisions:
IF I HAVE AN END-STAGE MEDICAL CONDITION (WHICH WILL
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RESULT IN MY DEATH, DESPITE THE INTRODUCTION OR CONTINUATION
OF MEDICAL TREATMENT) OR AM PERMANENTLY UNCONSCIOUS SUCH AS
AN IRREVERSIBLE COMA OR AN IRREVERSIBLE VEGETATIVE STATE AND
THERE IS NO REALISTIC HOPE OF SIGNIFICANT RECOVERY, ALL OF
THE FOLLOWING APPLY (CROSS OUT ANY TREATMENT INSTRUCTIONS
WITH WHICH YOU DO NOT AGREE):
1. I direct that I be given health care treatment to
relieve pain or provide comfort even if such treatment might
shorten my life, suppress my appetite or my breathing, or be
habit forming.
2. I direct that all life prolonging procedures be
withheld or withdrawn. You may want to consult with your
physician and attorney in order to determine whether your
designated choices regarding end-of-life care are compatible
with anatomical donation. In order to donate an organ your
body may need to be maintained on artificial support after
you have been declared dead to facilitate anatomical
donation. Detailed information about the procedure for being
declared brain dead or dead by lack of cardiac function and
information about organ donation can be found on the
Department of Transportation's publicly accessible Internet
website.
3. I specifically do not want any of the following as
life prolonging procedures: (If you wish to receive any of
these treatments, write "I do want" after the treatment)
heart-lung resuscitation (CPR)....................
mechanical ventilator (breathing machine).........
dialysis (kidney machine).........................
surgery...........................................
chemotherapy......................................
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radiation treatment...............................
antibiotics.......................................
Please indicate whether you want nutrition (food) or
hydration (water) medically supplied by a tube into your
nose, stomach, intestine, arteries, or veins if you have an
end-stage medical condition or are permanently unconscious
and there is no realistic hope of significant recovery.
(Initial only one statement.)
TUBE FEEDINGS
........I want tube feedings to be given
OR
NO TUBE FEEDINGS
........I do not want tube feedings to be given.
4. If I have authorized donation of an organ (such as a
heart, liver or lung) or a vascularized composite allograft
in the next section of this document, I authorize the use of
artificial support, including a ventilator, for a limited
period of time after I am declared dead to facilitate the
donation.
5. I specifically do not want to be on artificial
support after I am declared dead.......................
HEALTH CARE AGENT'S USE OF INSTRUCTIONS
(INITIAL ONE OPTION ONLY).
........My health care agent must follow these
instructions.
OR
........These instructions are only guidance.
My health care agent shall have final say and may
override any of my instructions. (Indicate any
exceptions)...................................
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..............................................
If I did not appoint a health care agent, these
instructions shall be followed.
LEGAL PROTECTION
Pennsylvania law protects my health care agent and health
care providers from any legal liability for their good faith
actions in following my wishes as expressed in this form or
in complying with my health care agent's direction. On behalf
of myself, my executors and heirs, I further hold my health
care agent and my health care providers harmless and
indemnify them against any claim for their good faith actions
in recognizing my health care agent's authority or in
following my treatment instructions.
SIGNATURE..................................................
INFORMATION ABOUT ANATOMICAL DONATION
Donating an organ or other part of the body is a
voluntary act. Under Pennsylvania law, you do not have to
donate an organ or any other part of your body. It is
important to know the effect of organ donation on your
decisions about end-of-life care so that your wishes about
end-of-life care will be fulfilled. If someone wishes to
become an organ donor, the person may be kept on artificial
support after the person has been declared dead to facilitate
anatomical donation. Detailed information about the procedure
for recovering organs and other parts of the body and
detailed information about brain death and cardiac death may
be found on the Department of Transportation's publicly
accessible Internet website.
Under Pennsylvania law, the organ donor designation on
the driver's license authorizes the individual to donate what
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we traditionally think of as organs (for example, heart,
lung, liver, kidney) and tissue and does not authorize the
individual to donate hands, facial tissue, limbs or other
vascularized composite allografts.
Under Pennsylvania law, explicit and specific consent to
donate hands, facial tissue, limbs and other vascularized
composite allografts is needed. Donation of these parts of
the body is voluntary. Information about the procedure to
transplant hands, facial tissue and limbs can be found on the
Department of Transportation's publicly accessible Internet
website. It is important to know that donating a hand, limb
or facial tissue may impact funeral arrangements and that an
open casket may not be possible.
ORGAN DONATION
........I consent to making an anatomical gift. This gift
does not include hands, facial tissue, limbs or other
vascularized composite allografts. I understand that if I
want to donate a hand, facial tissue, limb or other
vascularized composite allograft, there is another place in
this document for me to do so. I also understand the hospital
may provide artificial support, which may include a
ventilator, after I am declared dead in order to facilitate
donation. I consent to making a gift of the following parts
of my body for transplantation or research (please insert any
limitations you desire on donation of specific organs or
tissues or eyes or any limitation on the use of a donated
part of the body):
...........................................................
...........................................................
...........................................................
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SIGNATURE..........................DATE....................
GIFT OF HANDS, FACIAL TISSUE, LIMBS AND OTHER VASCULARIZED
COMPOSITE ALLOGRAFTS
........I consent to making a gift of my hands, facial
tissue, limbs or other vascularized composite allografts. I
also understand that I have the option of requesting
reconstruction of my body in preparation for burial and that
anonymity of identity may not be able to be protected in the
case of donation of hands, facial tissue or limbs. I also
understand that burial arrangements may be affected and that
an open casket may not be possible. I also understand that
the hospital may provide artificial support, which may
include a ventilator, after I am declared dead in order to
facilitate donation.
Please insert any limitations you desire on donation of
hands, facial tissue, limbs or other vascularized composite
allografts and whether you request reconstructive surgery
before burial:
...........................................................
...........................................................
...........................................................
SIGNATURE..........................DATE....................
........I do not consent to donating my organs, tissues
or any other part of my body, including hands, facial tissue,
limbs or other vascularized composite allografts. This
provision serves as a refusal to donate any part of my body.
This provision also serves as a revocation of any prior
decision I have made to donate organs, tissues or other parts
of my body, including hands, facial tissue, limbs or other
vascularized composite allograft made in a prior document,
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including a driver's license, will, power of attorney, health
care power of attorney or other document.
SIGNATURE..........................DATE....................
Having carefully read this document, I have signed it
this.......day of............., 20..., revoking all previous
health care powers of attorney and health care treatment
instructions.
...........................................................
(SIGN FULL NAME HERE FOR HEALTH CARE POWER OF ATTORNEY AND
HEALTH CARE TREATMENT INSTRUCTIONS)
WITNESS:.......................
WITNESS:.......................
Two witnesses at least 18 years of age are required by
Pennsylvania law and should witness your signature in each
other's presence. A person who signs this document on behalf
of and at the direction of a principal may not be a witness.
(It is preferable if the witnesses are not your heirs, nor
your creditors, nor employed by any of your health care
providers.)
NOTARIZATION (OPTIONAL)
(Notarization of document is not required by Pennsylvania
law, but if the document is both witnessed and notarized, it
is more likely to be honored by the laws of some other
states.)
On this..........day of .............., 20...., before me
personally appeared the aforesaid declarant and principal, to
me known to be the person described in and who executed the
foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and
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affixed my official seal in the County of............., State
of.............. the day and year first above written.
.............................. ..........................
Notary Public My commission expires
Section 5. The Department of Health shall ensure as part of
its licensure process that health care providers under its
jurisdiction have policies and procedures in place to provide
notice of the repeal of 20 Pa.C.S. § 5429 to patients.
Section 6. This act shall take effect immediately.
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