Pennsylvania HB 1254: An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in health care, further providing for applicability, for definitions, for criminal penalties, for definitions, for orders, bracelets and necklaces, for revocation, for absence of order, bracelet or necklace and for emergency medical services, repealing provisions relating to advisory committee and providing for discontinuance and for Pennsylvania orders for life-sustaining treatment; and making an editorial change.

Bill Text

PRINTER'S NO. 1400
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1254
Session of
2025
INTRODUCED BY KHAN, VENKAT, KOSIEROWSKI, MUNROE, GIRAL, SANCHEZ,
GUENST, HANBIDGE, MALAGARI, PROBST, HADDOCK, CEPEDA-FREYTIZ,
HILL-EVANS, OTTEN, KENYATTA AND GREEN, APRIL 17, 2025
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 17, 2025
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in health care, further
providing for applicability, for definitions, for criminal
penalties, for definitions, for orders, bracelets and
necklaces, for revocation, for absence of order, bracelet or
necklace and for emergency medical services, repealing
provisions relating to advisory committee and providing for
discontinuance and for Pennsylvania orders for life-
sustaining treatment; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5421(a) of Title 20 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5421. Applicability.
(a) General rule.--This chapter applies to advance health
care directives [and], out-of-hospital nonresuscitation orders
and Pennsylvania orders for life-sustaining treatment.
* * *
Section 2. The definitions of "health care provider,"
"medical command physician," "order" and "patient" in section
5422 of Title 20 are amended and the section is amended by
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adding definitions to read:
§ 5422. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Health care provider." A person who is licensed, certified
or otherwise authorized by the laws of this Commonwealth to
administer or provide health care in the ordinary course of
business or practice of a profession. The term includes
personnel recognized under [the act of July 3, 1985 (P.L.164,
No.45), known as the Emergency Medical Services Act.] 35 Pa.C.S.
Ch. 81 (relating to emergency medical services system) and those
individuals recognized under 42 Pa.C.S. § 8331.2 (relating to
good Samaritan civil immunity for use of automated external
defibrillator).
* * *
"Medical command physician." A licensed physician who is
authorized to give a medical command under [the act of July 3,
1985 (P.L.164, No.45), known as the Emergency Medical Services
Act] 35 Pa.C.S. Ch. 81 (relating to emergency medical services
system).
* * *
"Order." An out-of-hospital do-not-resuscitate order as
defined under section 5483 (relating to definitions) or
Pennsylvania orders for life-sustaining treatment as defined
under section 5493 (relating to definitions).
"Out-of-hospital do-not-resuscitate order" or "OOH-DNR
order." An out-of-hospital do-not-resuscitate order as defined
under section 5483 (relating to definitions).
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["Patient." An out-of-hospital do-not-resuscitate patient as
defined under section 5483 (relating to definitions).]
"Pennsylvania orders for life-sustaining treatment" or
"POLST." As defined under section 5493 (relating to
definitions) .
* * *
Section 3. Sections 5432, 5445(b), 5483, 5484(a) and (b),
5485, 5486 and 5487 of Title 20 are amended to read:
§ 5432. Criminal penalties.
(a) Criminal homicide.--A person shall be subject to
prosecution for criminal homicide as provided in 18 Pa.C.S. Ch.
25 (relating to criminal homicide) if the person intends to
cause the withholding or withdrawal of life-sustaining treatment
contrary to the wishes of the principal or patient and, because
of that action, directly causes life-sustaining treatment to be
withheld or withdrawn and death to be hastened and:
(1) falsifies or forges the advance health care
directive, OOH-DNR order, bracelet [or], necklace or POLST of
that principal or patient; or
(2) willfully conceals or withholds personal knowledge
of a revocation of an advance health care directive or DNR
status.
(b) Interference with health care directive.--A person
commits a felony of the third degree if that person willfully:
(1) conceals, cancels, alters, defaces, obliterates or
damages an advance health care directive, OOH-DNR order,
bracelet [or], necklace or POLST without the consent of the
principal or patient;
(2) causes a person to execute an advance health care
directive or order or wear a bracelet or necklace by undue
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influence, fraud or duress; or
(3) falsifies or forges an advance health care
directive, OOH-DNR order, bracelet [or], necklace or POLST or
any amendment or revocation thereof, the result of which is a
direct change in the health care provided to the principal or
patient.
§ 5445. Emergency medical services.
* * *
(b) Applicability.--This section is applicable only in those
instances where an out