Pennsylvania 2017-2018 Regular Session Status: Passed Senate Bipartisan · 2 R · 2 D cosponsors

SB 623 — An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in general provisions relating to health care, further providing for applicability, for definitions and for criminal penalties; in living wills, further providing for emergency medical services; in out-of-hospital nonresuscitation, further providing 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; providing for Pennsylvania orders for life-sustaining treatment; and making editorial changes.

Last action — Referred to HEALTH

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

708 added · 715 removed

Plain-language change summary

The amended version of bill SB 623 clarifies when a POLST (Physician Orders for Life-Sustaining Treatment) is appropriate, specifically emphasizing that it is not recommended for all individuals, particularly not for everyone in a nursing home. It underscores the importance of considering the well-being of frail or seriously ill patients, while also stating that cost savings to the government should not influence these decisions. This shift aims to ensure that health care practitioners focus more on individual patient needs rather than general assumptions about who should have a POLST.

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PRIOR PRINTER'S NO.
PRINTER'S NO.
1229 PRINTER'S NO.
1229 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
2027 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
623 2017 INTRODUCED BY YAW, RAFFERTY, LEACH, FONTANA, SCHWANK, McGARRIGLE, BAKER, BROWNE, AUMENT AND BLAKE, OCTOBER 5, 2017 REFERRED TO HEALTH AND HUMAN SERVICES, OCTOBER 5, 2017 AN ACT Amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in general provisions relating to health care, further providing for applicability, for definitions and for criminal penalties;
623 2017 INTRODUCED BY YAW, RAFFERTY, LEACH, FONTANA, SCHWANK, McGARRIGLE, BAKER, BROWNE, AUMENT AND BLAKE, OCTOBER 5, 2017 AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 25, 2018 AN ACT Amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in general provisions relating to health care, further providing for applicability, for definitions and for criminal penalties;
20170SB0623PN2027 - 2 - 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:
20170SB0623PN1229 - 2 - 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:
* * * (b) Applicability.--This section is applicable only in those instances where an out-of-hospital DNR order is not in effect under section 5484 (relating to OOH-DNR orders, bracelets and 20170SB0623PN2027 - 3 - necklaces).
* * * (b) Applicability.--This section is applicable only in those instances where an out-of-hospital DNR order is not in effect under section 5484 (relating to OOH-DNR orders, bracelets and 20170SB0623PN1229 - 3 - necklaces).
20170SB0623PN2027 - 4 - "Out-of-hospital do-not-resuscitate necklace." A necklace in the standard format set forth in section 5484 (relating to OOH- DNR orders, bracelets and necklaces), supplied by the department and issued by the attending physician, which may be worn at the patient's option to notify emergency medical services providers of the presence of an OOH-DNR order.
20170SB0623PN1229 - 4 - "Out-of-hospital do-not-resuscitate necklace." A necklace in the standard format set forth in section 5484 (relating to OOH- DNR orders, bracelets and necklaces), supplied by the department and issued by the attending physician, which may be worn at the patient's option to notify emergency medical services providers of the presence of an OOH-DNR order.
(a) Issuance.--An attending physician, upon the request of a patient who is at least 18 years of age, has graduated from high school, has married or is an emancipated minor, or the patient's surrogate if the surrogate is so authorized, shall issue to the patient an OOH-DNR order and may issue at the request of the 20170SB0623PN2027 - 5 - patient or the patient's surrogate a bracelet or necklace supplied by the department.
(a) Issuance.--An attending physician, upon the request of a patient who is at least 18 years of age, has graduated from high school, has married or is an emancipated minor, or the patient's surrogate if the surrogate is so authorized, shall issue to the patient an OOH-DNR order and may issue at the request of the 20170SB0623PN1229 - 5 - patient or the patient's surrogate a bracelet or necklace supplied by the department.
I direct any and all emergency medical services personnel, commencing on the effective date of this order, to withhold cardiopulmonary resuscitation (cardiac compression, invasive airway techniques, artificial ventilation, defibrillation and other related procedures) from the patient 20170SB0623PN2027 - 6 - in the event of the patient's respiratory or cardiac arrest.
I direct any and all emergency medical services personnel, commencing on the effective date of this order, to withhold cardiopulmonary resuscitation (cardiac compression, invasive airway techniques, artificial ventilation, defibrillation and other related procedures) from the patient 20170SB0623PN1229 - 6 - in the event of the patient's respiratory or cardiac arrest.
20170SB0623PN2027 - 7 - Signature of surrogate (if patient is incapable of making informed decisions):
20170SB0623PN1229 - 7 - Signature of surrogate (if patient is incapable of making informed decisions):
(2) Emergency medical services providers shall provide 20170SB0623PN2027 - 8 - other medical interventions necessary and appropriate to provide comfort and alleviate pain, including intravenous fluids, medications, oxygen and any other intervention appropriate to the level of the certification of the provider, unless otherwise directed by the patient or the emergency medical services provider's authorized medical command physician.
(2) Emergency medical services providers shall provide 20170SB0623PN1229 - 8 - other medical interventions necessary and appropriate to provide comfort and alleviate pain, including intravenous fluids, medications, oxygen and any other intervention appropriate to the level of the certification of the provider, unless otherwise directed by the patient or the emergency medical services provider's authorized medical command physician.
(d) Recognition of other states' orders.--Emergency medical services or [out-of-hospital DNR] OOH-DNR orders, bracelets or necklaces valid in states other than this Commonwealth shall be recognized in this Commonwealth to the extent that these orders, 20170SB0623PN2027 - 9 - bracelets or necklaces and the criteria for their issuance are consistent with the laws of this Commonwealth.
(d) Recognition of other states' orders.--Emergency medical services or [out-of-hospital DNR] OOH-DNR orders, bracelets or necklaces valid in states other than this Commonwealth shall be recognized in this Commonwealth to the extent that these orders, 20170SB0623PN1229 - 9 - bracelets or necklaces and the criteria for their issuance are consistent with the laws of this Commonwealth.
20170SB0623PN2027 - 10 - (3) Any other matters determined by the department to be relevant to its determination.] Section 5.
20170SB0623PN1229 - 10 - (3) Any other matters determined by the department to be relevant to its determination.] Section 5.
20170SB0623PN2027 - 11 - 5498.9.
20170SB0623PN1229 - 11 - 5498.9.
(4) The use of POLST may overcome many of the 20170SB0623PN2027 - 12 - limitations and problems associated with advance health care directives and existing orders regarding cardiopulmonary resuscitation and other end-of-life care, including out-of- hospital do-not-resuscitate orders.
(4) The use of POLST may overcome many of the 20170SB0623PN1229 - 12 - limitations and problems associated with advance health care directives and existing orders regarding cardiopulmonary resuscitation and other end-of-life care, including out-of- hospital do-not-resuscitate orders.
(9) A key step in the POLST process is the health care practitioner's review with the patient or the patient's 20170SB0623PN2027 - 13 - surrogate decision maker of the patient's current health status, diagnoses and prognosis to determine whether a POLST order would be appropriate or should be updated.
(9) A key step in the POLST process is the health care practitioner's review with the patient or the patient's 20170SB0623PN1229 - 13 - surrogate decision maker of the patient's current health status, diagnoses and prognosis to determine whether a POLST order would be appropriate or should be updated.
(11) A POLST is not recommended for individuals with <-- stable, even if chronic, medical conditions and years of life expectancy.
(11) A POLST is not recommended for individuals with stable, even if chronic, medical conditions and years of life expectancy.
(12) (11) Among vulnerable populations, including <-- persons with disabilities, POLST are appropriate for seriously ill or frail patients if their health care practitioner would not be surprised if they died within the next year.
(12) Among vulnerable populations, including persons with disabilities, POLST are appropriate for seriously ill or frail patients if their health care practitioner would not be surprised if they died within the next year.
(13) (12) It should not be assumed that all patients in <-- any facility, including a nursing home, should have or would desire POLST.
(13) It should not be assumed that all patients in any facility, including a nursing home, should have or would desire POLST.
(14) (13) The well-being of the patient is paramount in <-- considering a POLST, not cost savings to the government or insurers.
(14) The well-being of the patient is paramount in considering a POLST, not cost savings to the government or insurers.
(15) (14) A POLST is appropriately entered following a <-- shared decision-making process that facilitates patient consent that is voluntary, educated, collaborative and thoughtful, including a discussion of the patient's current clinical status, treatment options and likely outcomes, together with the patient's goals of care, preferences and 20170SB0623PN2027 - 14 - values.
(15) A POLST is appropriately entered following a shared decision-making process that facilitates patient consent that is voluntary, educated, collaborative and thoughtful, including a discussion of the patient's current clinical status, treatment options and likely outcomes, together with the patient's goals of care, preferences and values.
(16) (15) Conversations about POLST must avoid any bias <-- against continuation of care and must not characterize the continuation of life as burdensome.
(16) Conversations about POLST must avoid any bias 20170SB0623PN1229 - 14 - against continuation of care and must not characterize the continuation of life as burdensome.
(17) (16) A standardized POLST form, which is easily <-- recognized, understood and implemented, can greatly advance the ability of patients to ensure that their medical care is aligned with their goals of care, preferences and values, as informed by a shared decision-making process.
(17) A standardized POLST form, which is easily recognized, understood and implemented, can greatly advance the ability of patients to ensure that their medical care is aligned with their goals of care, preferences and values, as informed by a shared decision-making process.
(18) (17) Advance health care directives remain <-- critically important for adults from the age of majority until death.
(18) Advance health care directives remain critically important for adults from the age of majority until death.
(19) (18) When the use of a POLST becomes appropriate, <-- an existing advance health care directive will help shape the choices of the patient or the patient's surrogate decision maker when discussing a POLST with a health care professional <-- PROVIDER.
(19) When the use of a POLST becomes appropriate, an existing advance health care directive will help shape the choices of the patient or the patient's surrogate decision maker when discussing a POLST with a health care professional.
<-- (20) (19) This subchapter is intended to provide a <-- framework and legal authority for POLST to be valid and portable across all care settings, consistent with the foregoing findings.
(20) This subchapter is intended to provide a framework and legal authority for POLST to be valid and portable across all care settings, consistent with the foregoing findings.
"Committee." The POLST Advisory Committee established under 20170SB0623PN2027 - 15 - this subchapter.
"Committee." The POLST Advisory Committee established under this subchapter.
(1) A facility that is licensed as a health care facility by the department under Chapter 8 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, including, but not limited to, a hospital, long term care facility, home health care agency or hospice.
(1) A facility that is licensed as a health care 20170SB0623PN1229 - 15 - facility by the department under Chapter 8 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, including, but not limited to, a hospital, long term care facility, home health care agency or hospice.
20170SB0623PN2027 - 16 - Ch.
Ch.
(5) A self-insured employee welfare benefit plan.
20170SB0623PN1229 - 16 - (5) A self-insured employee welfare benefit plan.
20170SB0623PN2027 - 17 - "Surrogate decision maker." A health care agent, health care representative, guardian of the person or parent of a minor who is legally authorized to make a health care decision for a patient.
"Surrogate decision maker." A health care agent, health care representative, guardian of the person or parent of a minor who is legally authorized to make a health care decision for a patient.
§ 5494.
20170SB0623PN1229 - 17 - § 5494.
(A) STABLE MEDICAL CONDITIONS.--A POLST IS NOT RECOMMENDED <-- FOR INDIVIDUALS WITH STABLE, EVEN IF CHRONIC, MEDICAL CONDITIONS AND YEARS OF LIFE EXPECTANCY.
Nothing in this subchapter shall be construed to advance or support euthanasia, suicide or health care practitioner-assisted suicide.
(B) CONSTRUCTION.--Nothing in this subchapter shall be construed to advance or support euthanasia, suicide or health care practitioner-assisted suicide.
(c) Consultation.--Notwithstanding subsection (b), a health care provider may be paid for consultation with or counseling of 20170SB0623PN2027 - 18 - a patient concerning a POLST or offering advance health care planning.
(c) Consultation.--Notwithstanding subsection (b), a health care provider may be paid for consultation with or counseling of a patient concerning a POLST or offering advance health care planning.
(1) A health care provider and a health care facility may not make consent to a POLST or having a POLST a condition of admission to, continued occupancy at, or the provision of health care services by the health care provider or a health care facility.
(1) A health care provider and a health care facility may not make consent to a POLST or having a POLST a condition of admission to, continued occupancy at, or the provision of 20170SB0623PN1229 - 18 - health care services by the health care provider or a health care facility.
(1) After consulting Statewide organizations comprised of relevant stakeholders, the secretary shall appoint one or 20170SB0623PN2027 - 19 - more representatives of the following to the committee:
(1) After consulting Statewide organizations comprised of relevant stakeholders, the secretary shall appoint one or more representatives of the following to the committee:
(v) The Joint State Government Commission's Advisory Committee on Decedents' Estates Laws.
(v) The Joint State Government Commission's Advisory 20170SB0623PN1229 - 19 - Committee on Decedents' Estates Laws.
(1) Adopt and update a POLST form under section 5498 20170SB0623PN2027 - 20 - (relating to POLST form).
(1) Adopt and update a POLST form under section 5498 (relating to POLST form).
(b) Plain language requirement.--In consultation with the committee, the department shall make the POLST form and its educational materials clear, concise, well-organized and otherwise understandable to patients, their families, other surrogate decision makers and health care providers.
20170SB0623PN1229 - 20 - (b) Plain language requirement.--In consultation with the committee, the department shall make the POLST form and its educational materials clear, concise, well-organized and otherwise understandable to patients, their families, other surrogate decision makers and health care providers.
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The medical order options shall range from full treatment to comfort care 20170SB0623PN2027 - 21 - only, with options in between.
The medical order options shall range from full treatment to comfort care only, with options in between.
(i) Section 5456(c)(5)(iii) (relating to authority of health care agent).
(i) Section 5456(c)(5)(iii) (relating to authority 20170SB0623PN1229 - 21 - of health care agent).
20170SB0623PN2027 - 22 - (1) The POLST form shall provide for identification of the patient, any surrogate decision maker who consents to the POLST on behalf of the patient and the health care practitioner who issues the POLST.
(1) The POLST form shall provide for identification of the patient, any surrogate decision maker who consents to the POLST on behalf of the patient and the health care practitioner who issues the POLST.
(e) Instructions.--The POLST form shall include instructions for its completion.
20170SB0623PN1229 - 22 - (e) Instructions.--The POLST form shall include instructions for its completion.
In providing responses to each comment, the department shall 20170SB0623PN2027 - 23 - indicate the reasons for adopting or rejecting the recommendations made during the comment period.
In providing responses to each comment, the department shall indicate the reasons for adopting or rejecting the recommendations made during the comment period.
(3) The adoption of the initial POLST form and any subsequent updates to the POLST form shall be exempt from the following:
20170SB0623PN1229 - 23 - (3) The adoption of the initial POLST form and any subsequent updates to the POLST form shall be exempt from the following:
20170SB0623PN2027 - 24 - (a) General rule.--In consultation with the committee, the department shall develop, and periodically update when appropriate, educational materials about POLST for patients, surrogate decision makers, health care providers and the public.
(a) General rule.--In consultation with the committee, the department shall develop, and periodically update when appropriate, educational materials about POLST for patients, surrogate decision makers, health care providers and the public.
The department's POLST educational materials shall include basic information that explains and provides guidance on the following:
The department's POLST 20170SB0623PN1229 - 24 - educational materials shall include basic information that explains and provides guidance on the following:
(10) Appropriate inclusion of patients, to the extent possible, regardless of their physical or mental condition, 20170SB0623PN2027 - 25 - in decision making when decisions are made on their behalf by surrogate decision makers.
(10) Appropriate inclusion of patients, to the extent possible, regardless of their physical or mental condition, in decision making when decisions are made on their behalf by surrogate decision makers.
(c) Training recommendations.--The department's educational materials shall include recommendations for training of health care practitioners and others who educate patients about POLST or assist in completion of a POLST form to assure that they have the practiced skills of those conversations and understand the applicable law, medical issues and treatments covered by a POLST.
(c) Training recommendations.--The department's educational materials shall include recommendations for training of health care practitioners and others who educate patients about POLST or assist in completion of a POLST form to assure that they have the practiced skills of those conversations and understand the 20170SB0623PN1229 - 25 - applicable law, medical issues and treatments covered by a POLST.
(4) The date and signature of the patient or a surrogate 20170SB0623PN2027 - 26 - decision maker in accordance with section 5498.6, except as provided under subsection (c).
(4) The date and signature of the patient or a surrogate decision maker in accordance with section 5498.6, except as provided under subsection (c).
A health care practitioner's verbal order for a POLST shall be deemed to meet the requirements of subsection (a)(2) if all of the following requirements are met:
A health care practitioner's verbal order for a POLST shall be deemed to meet the requirements of subsection (a)(2) if all of 20170SB0623PN1229 - 26 - the following requirements are met:
20170SB0623PN2027 - 27 - (d) Effectiveness.--A POLST shall be effective on the date it meets the requirement of this section.
(d) Effectiveness.--A POLST shall be effective on the date it meets the requirement of this section.
(a) General rule.--A POLST executed in accordance with this subchapter shall be valid anywhere within this Commonwealth, including, but not limited to, all health care facilities, the patient's residence and other care settings outside of a health care facility, and while the patient is in transit from one health care facility or care setting to another.
(a) General rule.--A POLST executed in accordance with this subchapter shall be valid anywhere within this Commonwealth, including, but not limited to, all health care facilities, the patient's residence and other care settings outside of a health 20170SB0623PN1229 - 27 - care facility, and while the patient is in transit from one health care facility or care setting to another.
20170SB0623PN2027 - 28 - § 5498.6.
§ 5498.6.
(1) the patient to sign by a mark;
20170SB0623PN1229 - 28 - (1) the patient to sign by a mark;
(1) Subchapter C (relating to health care agents and 20170SB0623PN2027 - 29 - representatives), including but not limited to:
(1) Subchapter C (relating to health care agents and representatives), including but not limited to:
(2) Chapter 55 (relating to incapacitated persons).
20170SB0623PN1229 - 29 - (2) Chapter 55 (relating to incapacitated persons).
(b) Notice.--A health care professional PROVIDER or <-- surrogate decision maker who is informed of a revocation shall promptly communicate the fact of the revocation to any attending health care professional PROVIDER and to any health care <-- facility from which the patient is receiving care.
(b) Notice.--A health care professional or surrogate decision maker who is informed of a revocation shall promptly communicate the fact of the revocation to any attending health care professional and to any health care facility from which the patient is receiving care.
(a) Notice of POLST.--A health care facility that transfers 20170SB0623PN2027 - 30 - a patient with a POLST to another health care facility shall provide the POLST to the receiving facility and any health care providers who are responsible for the patient's care during transport to the receiving facility.
(a) Notice of POLST.--A health care facility that transfers a patient with a POLST to another health care facility shall provide the POLST to the receiving facility and any health care providers who are responsible for the patient's care during transport to the receiving facility.
(b) Compliance.--The requirements of section 5498.11 (relating to compliance) shall apply in the event that the receiving health care provider or health care provider involved in the transfer is unable in good conscience to comply with the POLST or the policies of the health care provider preclude compliance.
(b) Compliance.--The requirements of section 5498.11 20170SB0623PN1229 - 30 - (relating to compliance) shall apply in the event that the receiving health care provider or health care provider involved in the transfer is unable in good conscience to comply with the POLST or the policies of the health care provider preclude compliance.
(a) Mandatory review.--In the event a patient with a POLST is admitted or transferred to a health care facility, the treating health care professional PROVIDER at the health care <-- facility shall review the POLST as soon as feasible with the patient or the patient's authorized surrogate decision maker.
(a) Mandatory review.--In the event a patient with a POLST is admitted or transferred to a health care facility, the treating health care professional at the health care facility shall review the POLST as soon as feasible with the patient or the patient's authorized surrogate decision maker.
(a) Notification by attending physician or health care 20170SB0623PN2027 - 31 - provider.--If an attending physician or other health care provider cannot in good conscience comply with a POLST or if the policies of a health care provider preclude compliance with a POLST, the attending physician or health care provider shall so inform the patient, if the patient is competent, and any surrogate decision maker who consented to the order on behalf of the patient.
(a) Notification by attending physician or health care provider.--If an attending physician or other health care provider cannot in good conscience comply with a POLST or if the policies of a health care provider preclude compliance with a POLST, the attending physician or health care provider shall so inform the patient, if the patient is competent, and any surrogate decision maker who consented to the order on behalf of the patient.
(b) Transfer.--The attending physician or health care provider under subsection (a) shall make every reasonable effort to assist in the transfer of the patient to another physician or health care provider who will comply with the POLST.
20170SB0623PN1229 - 31 - (b) Transfer.--The attending physician or health care provider under subsection (a) shall make every reasonable effort to assist in the transfer of the patient to another physician or health care provider who will comply with the POLST.
In order to be in compliance with the do-not- 20170SB0623PN2027 - 32 - resuscitate order in a POLST, an emergency medical service provider must:
In order to be in compliance with the do-not- resuscitate order in a POLST, an emergency medical service provider must:
or (ii) discontinue and cease cardiopulmonary resuscitation, in the event the emergency medical services provider is presented with a do-not-resuscitate order in a POLST after initiating cardiopulmonary resuscitation.
or (ii) discontinue and cease cardiopulmonary resuscitation, in the event the emergency medical 20170SB0623PN1229 - 32 - services provider is presented with a do-not-resuscitate order in a POLST after initiating cardiopulmonary resuscitation.
(d) Uncertainty regarding validity or applicability of POLST.--Emergency medical services providers are not required 20170SB0623PN2027 - 33 - to, but may if they deem it necessary, contact their medical command physician prior to complying with a POLST.
(d) Uncertainty regarding validity or applicability of POLST.--Emergency medical services providers are not required to, but may if they deem it necessary, contact their medical command physician prior to complying with a POLST.
(a) Compliance.--A health care provider or other person may not be subject to civil or criminal liability or to discipline for unprofessional conduct for complying with a POLST based upon the good faith assumption that the orders therein were valid when made and have not been revoked or terminated.
(a) Compliance.--A health care provider or other person may not be subject to civil or criminal liability or to discipline for unprofessional conduct for complying with a POLST based upon the good faith assumption that the orders therein were valid 20170SB0623PN1229 - 33 - when made and have not been revoked or terminated.
A POLST executed on a POLST form that was valid when executed 20170SB0623PN2027 - 34 - shall remain valid even if the department subsequently adopts a revised form.
A POLST executed on a POLST form that was valid when executed shall remain valid even if the department subsequently adopts a revised form.
(b) Emergency medical services providers.--Emergency medical services providers are not required to, but may if they deem it necessary, contact their medical command physician prior to complying with a POLST executed on the PLSWC form.
20170SB0623PN1229 - 34 - (b) Emergency medical services providers.--Emergency medical services providers are not required to, but may if they deem it necessary, contact their medical command physician prior to complying with a POLST executed on the PLSWC form.
(b) Exception.--Subsection (a) shall not apply to orders executed in another state or jurisdiction to the extent that the order directs procedures or the withholding or withdrawal of 20170SB0623PN2027 - 35 - procedures under circumstances that are inconsistent with the laws of this Commonwealth, including, but not limited to, section 5498.7 (relating to standards for surrogate decision makers).
(b) Exception.--Subsection (a) shall not apply to orders executed in another state or jurisdiction to the extent that the order directs procedures or the withholding or withdrawal of procedures under circumstances that are inconsistent with the laws of this Commonwealth, including, but not limited to, section 5498.7 (relating to standards for surrogate decision makers).
(c) Immunity.--For purposes of the immunity under section 5431 (relating to liability) and section 5498.13 (related to immunity), a POLST, or its substantial equivalent that was executed under the laws of another state or jurisdiction and is valid under subsections (a) and (b), shall be deemed to be a POLST executed under this subchapter.
(c) Immunity.--For purposes of the immunity under section 5431 (relating to liability) and section 5498.13 (related to immunity), a POLST, or its substantial equivalent that was 20170SB0623PN1229 - 35 - executed under the laws of another state or jurisdiction and is valid under subsections (a) and (b), shall be deemed to be a POLST executed under this subchapter.
20170SB0623PN2027 - 36 -
20170SB0623PN1229 - 36 -
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How this bill changes current law

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Compared against the Pennsylvania Consolidated Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends existing definitions and provisions related to out-of-hospital non-resuscitation orders and introduces Pennsylvania orders for life-sustaining treatment.

  • 20 Pa.C.S. § 5421(a)

    and → and Pennsylvania orders for life-sustaining treatment

    This change expands the applicability of advance health care directives to include Pennsylvania orders for life-sustaining treatment.

  • 20 Pa.C.S. § 5422

    Patient." An out-of-hospital do-not-resuscitate patient as defined under section 5483 (relating to definitions).

    This change removes the specific definition of 'patient' related to out-of-hospital do-not-resuscitate orders.

  • 20 Pa.C.S. § 5422

    "Pennsylvania orders for life-sustaining treatment" or "POLST." Pennsylvania orders for life-sustaining treatment as defined under section 5493 (relating to definitions).

    This change adds a definition for 'Pennsylvania orders for life-sustaining treatment' (POLST).

  • 20 Pa.C.S. § 5483

    A health care provider recognized under the act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act. → As defined under 35 Pa.C.S. § 8103 (relating to definitions). The term includes those individuals recognized under 42 Pa.C.S. § 8331.2 (relating to good Samaritan civil immunity for use of automated external defibrillator).

    This change updates the definition of 'emergency medical services provider' to reference the definitions under the Emergency Medical Services Act.

  • 20 Pa.C.S. § 5445(b)

    Applicability.--This section is applicable only in those instances where an out-of-hospital DNR order is not in effect under section 5484 (relating to OOH-DNR orders, bracelets and necklaces).

    This change clarifies the conditions under which emergency medical services provisions are applicable regarding out-of-hospital DNR orders.

  • 20 Pa.C.S. § 5484

    OOH-DNR orders, bracelets and necklaces. → OOH-DNR orders, bracelets and necklaces.

    This change renames the section to clarify its focus on out-of-hospital do-not-resuscitate orders and related identifiers.

Action History

  1. Referred to HEALTH

  2. Third consideration and final passage

  3. PN 2027 Amended on third consideration

  4. Re-reported as committed

  5. Re-referred to APPROPRIATIONS

  6. Second consideration

  7. First consideration

  8. Reported as committed

  9. PN 1229 Referred to HEALTH AND HUMAN SERVICES

Sponsors

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1 sponsors · 9 co-sponsors · 243 not signed on

Sponsors (1)

Co-sponsors (9)

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243 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE

Passed 47 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 27100
Republican 13000
Democratic 7001
Total 47101
% of votes cast 96%2%0%2%
How each member voted (49)
Member Party Vote
ALLOWAY — Yea
AUMENT — Yea
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Yea
EICHELBERGER — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
GREENLEAF — Nay
KILLION — Yea
LEACH — Yea
MCGARRIGLE — Yea
MCILHINNEY — Yea
MENSCH — Yea
RAFFERTY — Yea
REGAN — Yea
RESCHENTHALER — Yea
SABATINA — Yea
SCARNATI — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WARD — Yea
WILLIAMS — Yea
YUDICHAK — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Lisa M. Boscola Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Not Voting
Wayne D. Fontana Democratic Yea
Camera Bartolotta Republican Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Kathleen C. Tomlinson Republican Yea
Lisa Baker Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Committee vote (APPROPRIATIONS): Re-Reported as Committed

Passed 26 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 14000
Democratic 6000
Total 26000
% of votes cast 100%0%0%0%
How each member voted (26)
Member Party Vote
BLAKE — Yea
BREWSTER — Yea
EICHELBERGER — Yea
GORDNER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MENSCH — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WARD — Yea
BROWNE — Yea
CORMAN — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Lisa Baker Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Committee vote (HEALTH AND HUMAN SERVICES): Reported as Committed

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4000
Republican 4000
Democratic 4000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
AUMENT — Yea
BROWNE — Yea
MENSCH — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Sharif Street Democratic Yea
Lisa Baker Republican Yea
Michele Brooks Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 623?
SB 623 is sponsored by Mcgarrigle, Aument, Blake, Browne, Wayne D. Fontana (Democratic), Leach, Rafferty, Judith L. Schwank (Democratic), Gene Yaw (Republican), and Lisa Baker (Republican).
What is the current status of SB 623?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 623?
Track SB 623 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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