Pennsylvania HB 1801: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in abortion, further providing for medical consultation and judgment and for informed consent.

Bill Text

PRINTER'S NO. 2215
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1801
Session of
2025
INTRODUCED BY SHUSTERMAN, HOWARD, KHAN, KINKEAD, OTTEN, PIELLI,
RABB, BRENNAN, VENKAT, PROBST, FIEDLER, HANBIDGE, SANCHEZ,
HOHENSTEIN, MAYES, FLEMING AND RIVERA, AUGUST 13, 2025
REFERRED TO COMMITTEE ON HEALTH, AUGUST 14, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in abortion, further providing for
medical consultation and judgment and for informed consent.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3204(b) and (c) and 3205(a) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
§ 3204. Medical consultation and judgment.
* * *
[(b) Requirements.--Except in a medical emergency where
there is insufficient time before the abortion is performed, the
woman upon whom the abortion is to be performed shall have a
private medical consultation either with the physician who is to
perform the abortion or with the referring physician. The
consultation will be in a place, at a time and of a duration
reasonably sufficient to enable the physician to determine
whether, based on his best clinical judgment, the abortion is
necessary.]
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(c) Factors.--In determining in accordance with subsection
(a) [or (b)] whether an abortion is necessary, a physician's
best clinical judgment may be exercised in the light of all
factors (physical, emotional, psychological, familial and the
woman's age) relevant to the well-being of the woman. No
abortion which is sought solely because of the sex of the unborn
child shall be deemed a necessary abortion.
* * *
§ 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
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
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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
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.]
* * *
Section 2. This act shall take effect in 60 days.
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