Pennsylvania HB 1841: 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.

Bill Text

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