SB 267 — An Act amending Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in offenses against the family, further providing for newborn protection; in child protective services, further providing for definitions and for taking child into protective custody; and, in newborn protection, further providing for definitions and for incubators for newborns, providing for health care providers at urgent care centers accepting newborns and further providing for reporting acceptance of newborns, for immunity, for duty of hospital and for duties of department.

HOUSE AMENDED PRIOR PRINTER'S NO.

232 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

2671954 2023THE INTRODUCEDGENERAL BYASSEMBLY BROOKS,OF DUSH,PENNSYLVANIA DILLON,SENATE BARTOLOTTA,BILL PHILLIPS-HILL,Session JANUARY 31, 2023E, MARTIN, COSTA AND ROBINSON, REFERRED TO JUDICIARY, JANUARY 31, 2023 AN ACT Amending Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of theNo. Pennsylvania Consolidated Statutes, in offenses against the family, further providing for newborn protection;

267 2023 INTRODUCED BY BROOKS, DUSH, DILLON, BARTOLOTTA, PHILLIPS-HILL, KANE, TARTAGLIONE, MARTIN, COSTA AND ROBINSON, JANUARY 31, 2023 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 9, 2024 AN ACT Amending Titles 18 (Crimes and Offenses) and 23 (Domestic offenses against the family, further providing for newborn protection;

and, in newborn protection, further providing for definitions and for incubators for newborns, providing for health care providers at urgent care centers accepting newborns and immunityfurther andproviding for dutiesreporting ofacceptance department.ance of newborns, for Theimmunity, GeneralFOR AssemblyDUTY ofOF theHOSPITAL Commonwealthand offor Pennsylvaniaduties herebyof enactsdepartment. as follows:

<-- The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

(a) General rule.--A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in the care of a hospital, an urgent care <-- center, aA policeHEALTH officerCARE atPROVIDER aAT policeAN stationURGENT pursuantCARE toCENTER UNDER 23 Pa.C.S.<-- PA.C.S.

CH.

65 (RELATING TO NEWBORN PROTECTION), a police officer at a police station pursuant to 23 Pa.C.S.

65 (relating[(relating to newborn protection)protection)] or an emergency services <-- provider on the grounds of an entity employing the emergency services provider or otherwise providing access to the emergency services provider pursuant to 23 Pa.C.S.

(1) The parent expresses, either orally or through conduct, the intent to have the hospital, THE HEALTH CARE <-- PROVIDER AT THE urgent care center, police officer or emergency services provider accept the newborn pursuant to 23 Pa.C.S.

20230SB0267PN1954 - 2 - "Emergency services provider." An emergency medical responder, emergency medical technician, advanced emergency medical technician or a paramedic as defined in 35 Pa.C.S.

20230SB0267PN0232"HEALTH -CARE 2PROVIDER." -AS "Newborn."DEFINED AsIN defined in 23 Pa.C.S.PA.C.S.

§ 6502 (relating<-- to(RELATING definitions).TO DEFINITIONS).

"Police"Newborn." department."As Adefined public agency of a political subdivision having general police powers and charged with making arrests in connection23 withPa.C.S. the enforcement of criminal or traffic laws.

§ 6502 [(relating to <-- definitions)].

<-- "Police department." A public agency of a political subdivision having general police powers and charged with making arrests in connection with the enforcement of criminal or traffic laws.

* * * "Urgent care center." As defined in section 2 of the act of 20230SB0267PN1954 - 3 - November 2, 2016 (P.L.976, No.122), known as the Safe Emergency Prescribing Act.

20230SB0267PN0232 - 3 - (a) General rule.--A child may be taken into protective custody:

* * * (7) By a health care provider AS DEFINED IN SECTION 6502 <-- (RELATING TO DEFINITIONS) at an urgent care center under Chapter 65.

For purposes of accepting a newborn as provided in section 6504(a)(1) (relating to accepting newborns) and for immunity provided pursuant to section 6507 (relating to 20230SB0267PN1954 - 4 - immunity), the term includes administrative, managerial and security personnel and any other person employed by a hospital or urgent care center.

20230SB0267PN0232 - 4 - Section 5.

20230SB0267PN1954 - 5 - (vi) Triggering a 911 call if the personnel of a hospital, police station, urgent care center or [other] entity which employs or otherwise provides access to an emergency services provider does not respond within a reasonable amount of time under subparagraph (v).

(5) Operating policy, supervision and maintenance requirements for an incubator, including that only an 20230SB0267PN0232 - 5 - emergency services provider at an entity that employs or otherwise provides access to the emergency services provider, a health care provider at a hospital [or], police officer at a police station or a health care provider at an urgent care center may take an infant into protective custody in accordance with Chapter 63 (relating to child protective services).

(b) Medical history.--When a health care provider at an urgent care center accepts a newborn under this chapter, a 20230SB0267PN1954 - 6 - parent may provide the health care provider with information about the newborn's medical history and identifying information.

§ 4306 (relating to newborn 20230SB0267PN0232 - 6 - protection).

Sections 6505, 65076507, 6508 and 6509 of Title 23 <-- are amended to read:

Except for a violation of section 6506 (relating to failure to report acceptance of newborns), no emergency services 20230SB0267PN1954 - 7 - provider, entity that employs or otherwise provides access to an emergency services provider, hospital, urgent care center, health care provider at a hospital or urgent care center or police department, police officer or administrative or managerial personnel of a police department shall be subject to civil liability or criminal penalty solely by reason of complying with the provisions of this chapter.

20230SB0267PN0232 - 7 - § 6509.6508.

DUTY OF [HOSPITAL] HOSPITALS AND URGENT CARE CENTERS.

<-- [A HOSPITAL SHALL INSURE] EACH HOSPITAL AND URGENT CARE CENTER SHALL ENSURE THAT ITS OFFICERS, HEALTH CARE PROVIDERS AND EMPLOYEES ARE FAMILIAR WITH THE PROVISIONS OF THIS CHAPTER, SECTION [6315(A)(3)] 6315(A) (RELATING TO TAKING CHILD INTO PROTECTIVE CUSTODY) AND OTHER APPLICABLE PROVISIONS OF CHAPTER 63 (RELATING TO CHILD PROTECTIVE SERVICES) THAT RELATE TO NEWBORN PROTECTION AND SHALL INSURE THAT THE APPROPRIATE OFFICERS, HEALTH CARE PROVIDERS AND EMPLOYEES, AS THE CASE MAY BE, RECEIVE EDUCATIONAL MATERIALS PROVIDED BY THE DEPARTMENT AS ESTABLISHED UNDER SECTION 6509 (RELATING TO DUTIES OF DEPARTMENT).

INFORMATION CONCERNING THIS CHAPTER, SECTION [6315(A)(3)] 6315(A) AND OTHER APPLICABLE PROVISIONS OF CHAPTER 63 THAT RELATE TO NEWBORN PROTECTION AND REGULATIONS ADOPTED BY THE DEPARTMENT SHALL BE MADE PART OF THE TRAINING AT EACH HOSPITAL[.

EACH HOSPITAL] AND URGENT CARE CENTER.

EACH HOSPITAL AND URGENT CARE CENTER SHALL ADOPT A WRITTEN POLICY IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, SECTION [6315(A) (3)] 6315(A) AND OTHER APPLICABLE PROVISIONS OF CHAPTER 63 THAT RELATE TO NEWBORN PROTECTION.

§ 6509.

The department shall provide educational materials for use by emergency services providers, entities which employ or otherwise 20230SB0267PN1954 - 8 - provide access to emergency services providers, hospitals, urgent care centers, health care providers, employees at hospitals and police officers regarding this chapter, section 6315(a)(3) (relating to taking child into protective custody) and other applicable provisions of Chapter 63 (relating to child protective services) that relate to newborn protection.

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