Pennsylvania HB 2701: An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in health care, further providing for definitions, for legislative findings and intent, for compliance, for conflicting advance health care directives, for life insurance, for health care instruments optional, for pregnancy and for liability, providing for prohibited conduct and damages, for judicial relief, for implementation, savings provision and transitional provision and for uniformity of application and construction, repealing provisions relating to living wills, providing for health care decisions and advance health care directives, repealing provisions relating to short title of subchapter, providing for advance mental health care directive, further providing for execution, for requirements and options, for when health care power of attorney operative, for appointment of health care agents, for authority of health care agent, for countermand, for amendment, for revocation, for relation of health care agent to court-appointed guardian and other agents, for decisions by health care representative, for duties of attending physician and health care provider, for effect on other State law, for validity and for form, providing for effect of copy and certified physical copy, repealing provisions relating to example and providing for example; repealing provisions relating to mental health care; and making an editorial change.

Bill Text

PRINTER'S NO. 3772
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2701
Session of
2026
INTRODUCED BY HANBIDGE, MAYES, HOWARD, HILL-EVANS, SANCHEZ,
MADDEN, OTTEN, SHUSTERMAN AND CERRATO, JULY 14, 2026
REFERRED TO COMMITTEE ON HEALTH, JULY 14, 2026
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in health care, further
providing for definitions, for legislative findings and
intent, for compliance, for conflicting advance health care
directives, for life insurance, for health care instruments
optional, for pregnancy and for liability, providing for
prohibited conduct and damages, for judicial relief, for
implementation, savings provision and transitional provision
and for uniformity of application and construction, repealing
provisions relating to living wills, providing for health
care decisions and advance health care directives, repealing
provisions relating to short title of subchapter, providing
for advance mental health care directive, further providing
for execution, for requirements and options, for when health
care power of attorney operative, for appointment of health
care agents, for authority of health care agent, for
countermand, for amendment, for revocation, for relation of
health care agent to court-appointed guardian and other
agents, for decisions by health care representative, for
duties of attending physician and health care provider, for
effect on other State law, for validity and for form,
providing for effect of copy and certified physical copy,
repealing provisions relating to example and providing for
example; repealing provisions relating to mental health care;
and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5422, 5423, 5424, 5425, 5427, 5428, 5429
and 5431 of Title 20 of the Pennsylvania Consolidated Statutes
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are amended 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:
"Advance health care directive." A health care power of
attorney, [living will or a written] health care instruction or
combination of a health care power of attorney and [living
will.] health care instruction. The term includes an advance
mental health care directive.
"Advance mental health care directive." A power of attorney
for health care, health care instruction, or both, created under
section 5451.1 (relating to advance mental health care
directive).
["Attending physician." The physician who has primary
responsibility for the health care of a principal or patient.]
"Bracelet." An out-of-hospital do-not-resuscitate bracelet
as defined under section 5483 (relating to definitions).
"Capacity." Having capacity under section 5448.3 (relating
to capacity).
"Cardiopulmonary resuscitation." Any of the following
procedures:
(1) Cardiac compression.
(2) Invasive airway technique.
(3) Artificial ventilation.
(4) Defibrillation.
(5) Any other procedure related to those set forth in
paragraphs (1) through (4).
"Cohabitant." Each of two individuals who have been living
together as a couple for at least one year after each became an
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adult or was emancipated and who are not married to each other.
["Competent." A condition in which an individual, when
provided appropriate medical information, communication supports
and technical assistance, is documented by a health care
provider to do all of the following:
(1) Understand the potential material benefits, risks
and alternatives involved in a specific proposed health care
decision.
(2) Make that health care decision on his own behalf.
(3) Communicate that health care decision to any other
person.
This term is intended to permit individuals to be found
competent to make some health care decisions, but incompetent to
make others.]
" Default surrogate. " An individual authorized under section
5461 (relating to decisions by default surrogate) to make a
health care decision for another individual.
"DNR." Do not resuscitate.
"Domestic partner or life partner." The partner of an
individual in a domestic partnership or life partnership that is
recognized by a municipality of this Commonwealth.
"Emergency medical services provider." As defined under
section 5483 [(relating to definitions)].
"End-stage medical condition." An incurable and irreversible
medical condition in an advanced state caused by injury, disease
or physical illness that will, in the opinion of [the attending
physician] an individual's responsible health care professional
to a reasonable degree of medical certainty, result in death,
despite the introduction or continuation of medical treatment.
Except as specifically set forth in an advance health care
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