Bill Text: PA SB642 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for licensure of abortion facilities and for powers and duties of the Department of Health; and imposing penalties.

Spectrum: Slight Partisan Bill (Republican 18-6)

Status: (Introduced - Dead) 2011-02-28 - Referred to PUBLIC HEALTH AND WELFARE [SB642 Detail]

Download: Pennsylvania-2011-SB642-Introduced.html

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PRINTER'S NO. 714
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 642 Session of2011
INTRODUCED BY CORMAN, SCARNATI, PILEGGI, GORDNER, BROWNE, ALLOWAY, ARGALL, BRUBAKER, EICHELBERGER, ERICKSON, FOLMER, FONTANA, KASUNIC, LEACH, MENSCH, ORIE, PICCOLA, PIPPY, RAFFERTY, STACK, WARD, WASHINGTON, YUDICHAK AND WOZNIAK, FEBRUARY 28, 2011
REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 28, 2011
AN ACT
Providing for licensure of abortion facilities and for powers
and duties of the Department of Health; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Abortion
Facilities Act.
Section 2. Findings and declarations.
The General Assembly finds that the health and welfare of the
citizens of this Commonwealth will be enhanced and protected by
the thorough regulation of abortion facilities, including annual
inspections of facilities and reporting by facilities. It is the
purpose of this act to protect and promote the public health and
welfare through the establishment and enforcement of minimum
standards for the maintenance and operation of abortion
facilities. The standards are intended to promote the health,
safety and adequate care of the patients of the facilities. It
is also the purpose of this act to assure quality care through
appropriate review and inspection of abortion facilities.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abortion." As defined in 18 Pa.C.S. § 3203 (relating to
definitions).
"Department." The Department of Health of the Commonwealth.
"Facility." A public or private hospital, clinic, center,
medical school, medical training institution, health care
facility, physician's office, infirmary, dispensary, ambulatory
surgical treatment center or other institution or location where
abortions are performed. This definition shall include all
facilities subject to licensure under the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities Act, where
abortions are provided.
"Inspection." An examination by the Department of Health or
its authorized representatives under section 9.
"License." A license to operate a facility that performs
abortions issued under section 7.
Section 4. Powers and duties of department.
The department shall have the power and its duty shall be:
(1) To exercise jurisdiction over facilities in
accordance with the provisions of this act.
(2) To issue licenses in accordance with this act.
(3) To require submission of periodic reports by
facilities and other persons subject to review.
(4) To collect and disseminate such other information as
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may be appropriate to determine the appropriate review of
licenses.
(5) To inspect at least annually all facilities in this
Commonwealth.
(6) To coordinate any data collection activities
necessary for administration of this act so as not to
duplicate unnecessarily the data collection activities of
other Federal and State agencies.
Section 5. Licensure of facilities.
No person may operate a facility without first having
obtained a license issued by the department under section 7.
Section 6. Application for license.
(a) Submission to the department.--In order to receive a
license to operate a facility, a person shall submit an
application to the department.
(b) Applications.--Applications and renewal applications
shall be made upon forms prepared and furnished by the
department in accordance with its rules and regulations and
shall include information as required by the department.
(c) Fees.--An application for a license or for renewal of a
license shall be accompanied by a fee that shall be fixed by the
department by regulation and shall be subject to the act of June
25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
If the revenues raised by fees and civil penalties imposed under
section 14 are not sufficient to meet expenditures of the
department under this act over a two-year period, the department
shall increase those fees by regulation so that the projected
revenues will meet or exceed projected expenditures.
Section 7. Issuance and renewal of license.
(a) Requirements.--The department may issue a license to a
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facility or renew the license of a facility when it is satisfied
that:
(1) The facility to be used to perform abortions is
adequately constructed, equipped, maintained and operated.
(2) The facility provides a service that is adequate for
the care, treatment and comfort of patients.
(3) There is no danger to the health of patients of the
facility.
(4) The facility is complying with the provisions of 18
Pa.C.S. Ch. 32 (relating to abortion) and the rules and
regulations adopted by the department pursuant to this act.
(b) Inspection and report.--Prior to issuance of a license
or renewal of a license, the department shall perform an onsite
inspection of the facility in accordance with section 9 to
determine whether the facility meets the requirements under
subsection (a) and shall prepare a report on the inspection.
Section 8. Term and contents of license.
(a) Term and contents.--A license issued by the department
under this act shall:
(1) Expire one year from the date of issue.
(2) Be on a form prescribed by the department.
(3) Not be transferable except upon prior written
approval of the department.
(4) Be issued only to the facility named on the
application.
(b) Posting.--A license shall at all times be posted in a
conspicuous place on the premises of a facility.
Section 9. Inspections.
(a) Purpose.--The department shall conduct inspections of
facilities to determine conformity to this act and to applicable
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Federal, State and local law.
(b) Right to enter and inspect.--The department and its
authorized representatives may enter, visit and inspect the
building, grounds, equipment and supplies of any facility
licensed or requiring a license under this act and shall have
full and free access to the records of the facility and to the
patients and employees of the facility and their records.
(c) Interviews.--The department may interview the
individuals providing abortions, assisting in providing
abortions, the employees and the patients of the facility.
(d) Identification.--Upon entering a facility, the
inspectors shall identify themselves to the individual on the
premises that is charge of the facility.
(e) Frequency.--In addition to any inspections related to
the issuance or renewal of a license, unannounced inspections
shall occur, at a minimum, once a calendar year.
Section 10. Reports.
(a) Report of misconduct.--Notwithstanding any report
required under any other provision of law, a facility shall make
a report to the department within ten days of the occurrence of
any of the following:
(1) The termination or curtailment of the employment,
association or professional privileges of a physician,
licensed under the provisions of the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, or the act of December 20, 1985 (P.L.457, No.112), known
as the Medical Practice Act of 1985, whichever the case may
be, with the facility where there exists reasonable cause to
believe misconduct has occurred.
(2) The resignation or withdrawal of association or of
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privileges of a physician with a facility to avoid the
imposition of disciplinary measures.
(3) The receipt of written information that establishes
that a physician who has a right to practice or who has
applied to practice at a facility has been charged with or
convicted of a felony.
(b) Form and contents of report.--A report under subsection
(a) shall be made in writing to the department and shall include
the following information about the person involved:
(1) Name.
(2) Address.
(3) Profession and license number.
(4) Description of the action taken by the facility,
including the reason for the action.
(5) Any conviction of a felony of which the facility has
received written information.
(c) Patient safety plan.--A facility shall report its
patient safety plan, required under section 307 of the act of
March 20, 2002 (P.L.154, No.13), known as the Medical Care
Availability and Reduction of Error (Mcare) Act, to the
department when this act takes effect and whenever the patient
safety plan is altered or updated.
(d) Other reports.--A facility shall report to the
department all serious events, incidents and infrastructure
failures as defined in section 302 of the Medical Care
Availability and Reduction of Error (Mcare) Act consistent with
the requirements of that act. The department shall conduct an
onsite inspection of the facility within five days of receiving
the report.
(e) Confidentiality.--Any report or information furnished to
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the department under this section shall be deemed a confidential
communication and shall not be subject to disclosure except upon
formal written request by a duly authorized public agency or
pursuant to a judicial subpoena issued in a pending action or
proceeding.
(f) Immunity from liability.--A person, facility or
corporation that makes a report under this section in good faith
and without malice shall have immunity from any liability, civil
or criminal, for having made a report. For the purpose of any
proceeding, civil or criminal, the good faith of any person
required to make a report shall be presumed. The person,
facility or corporation that makes the report shall not receive
immunity from liability if they are the subject of the report.
Section 11. Notice of violations.
(a) Notice.--Whenever the department, upon inspection,
investigation or complaint, finds a violation of this act or
regulations adopted by the department pursuant to this act or
Federal law, it shall give written notice specifying the
violation to the facility. The notice shall require the facility
to take action or to submit a plan of correction to bring the
facility into compliance with the applicable law or regulation
within a specified time.
(b) Plan of correction.--The plan of correction, if any,
shall be submitted by a facility within ten days of receipt of a
written notice under subsection (a) or sooner if directed to do
so by the department.
(c) Suspension or revocation.--The department may suspend or
revoke a license before a plan of correction is submitted
whenever the violations pose a significant threat to the health
of patients.
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Section 12. Suspension, revocation or nonrenewal of license.
(a) Reasons.--The department may suspend, revoke or refuse
to renew a license of a facility for any of the following
reasons:
(1) Failure of a facility to correct violations in
accordance with a plan of correction submitted by the
facility under section 11 and agreed upon by the department.
(2) The existence of a pattern of repeated violations
that extends over a period of two or more years.
(3) Fraud or deceit in obtaining or renewing a license.
(4) Lending, borrowing or using the license of another
facility or knowingly aiding or abetting the improper
granting of a license.
(5) Failure to make a report required under section 10.
(6) Negligence or recklessness in operating the facility
or in providing care to patients.
(b) Other violations.--In addition to the provisions under
subsection (a), if a facility violates 18 Pa.C.S. Ch. 32
(relating to abortion), the act of March 20, 2002 (P.L.154,
No.13), known as the Medical Care Availability and Reduction of
Error (Mcare) Act, or commits any other act that seriously
threatens the health, safety and welfare of patients, the
department may impose the following sanctions:
(i) For the first violation, license suspension for
a period of six months.
(ii) For the second violation, license suspension
for a period of one year.
(iii) For the third violation, permanent license
revocation.
Section 13. Actions against facilities.
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(a) Action in equity.--The department may bring an action in
the name of the Commonwealth for an injunction or other process
restraining or prohibiting a person from operating a facility
that does not have a valid license under this act to perform
abortions.
(b) Permanent injunction.--Should a person who is refused a
license or the renewal of a license to operate a facility or
whose license to operate a facility is suspended or revoked fail
to appeal, or should the appeal be decided finally favorable to
the department, then the court shall issue a permanent
injunction upon proof that the person is operating a facility
without a license as required under this act.
Section 14. Penalties.
(a) Civil penalty.--A person, including a facility,
regardless of whether the person is licensed, that violates any
of the provisions of this act or any rule or regulation issued
pursuant to this act, including failure to correct a violation
within the time specified in a notice of violation under section
11, may be assessed a civil penalty by an order of the
department of up to $500 for each violation for each day that
each violation continues. Civil penalties shall be collected
from the date the facility receives notice of the violation
until the department confirms correction of the violation.
(b) Failure to report.--A person, including a facility,
regardless of whether the person is licensed, that fails to make
a report of a serious event as required under section 10(d) may
be assessed a civil penalty of up to $1,000 per day for each day
from the date of the serious event until the report is made.
(c) Collection of penalties.--Funds collected as a result of
the assessment of a civil penalty under this section shall be
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applied to the licensing operation of the department under this
act.
Section 15. Administration.
(a) Prevention of duplication.--In carrying out the
provisions of this act and other statutes of this Commonwealth
relating to facilities, the department and other agencies of the
Commonwealth and local governments shall make every reasonable
effort to prevent duplication of inspections.
(b) Reports.--The department shall report annually to the
General Assembly on the effectiveness of the licensing and
enforcement of this act. The report shall include specific data
relating to the licensed facilities, including the nature of
violations of regulations and the number of facilities against
which sanctions or penalties were imposed.
Section 16. Rules and regulations.
(a) Rulemaking.--The department shall adopt rules and
regulations to carry out the purposes of this act. Regulations
shall be adopted in conformity with the provisions of the act of
June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
Act.
(b) Existing rules and regulations.--Existing rules and
regulations applicable to facilities not clearly inconsistent
with the provisions of this act shall remain in effect until
replaced, revised or amended.
Section 17. Existing facilities.
Each existing facility shall submit an application for
licensure in accordance with the rules and regulations
promulgated by the department under this act.
Section 18. Construction.
Nothing in this act may be construed to limit the provisions
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of 18 Pa.C.S. Ch. 32 (relating to abortion) or limit any
regulation adopted under 18 Pa.C.S. § 3207 (relating to abortion
facilities).
Section 19. Effective date.
This act shall take effect as follows:
(1) Section 16 and this section shall take effect
immediately.
(2) The remainder of this act shall take effect in 90
days.
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