Pennsylvania Act 2024-134 — CRIMES CODE (18 PA.C.S.) AND DOMESTIC RELATIONS CODE (23 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

Session of 2024

No. 2024-134

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.

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

Section 1. Section 4306 of Title 18 of the Pennsylvania Consolidated Statutes is amended to read:

§ 4306. Newborn protection.

(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, a health care provider at an urgent care center under 23 Pa.C.S. Ch. 65 (relating to newborn protection), a police officer at a police station pursuant to 23 Pa.C.S. Ch. 65 [(relating to newborn 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. Ch. 65 if the following criteria are met:

(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. Ch. 65.

(2) The newborn is not a victim of child abuse or criminal conduct.

(a.1) Incubator.--A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in an incubator if the newborn is not a victim of child abuse or criminal conduct and the incubator is located:

(1) at a hospital;

(2) at a police station pursuant to 23 Pa.C.S. Ch. 65; [or]

(3) 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. Ch. 65[.] ; or

(4) at an urgent care center.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Child abuse." As defined in 23 Pa.C.S. § 6303(b.1) (relating to definitions).

"Emergency services provider." An emergency medical responder, emergency medical technician, advanced emergency medical technician or a paramedic as defined in 35 Pa.C.S. § 8103 (relating to definitions).

"Health care provider." As defined in 23 Pa.C.S. § 6502 (relating to definitions).

"Newborn." As defined in 23 Pa.C.S. § 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.

"Police officer." A full-time or part-time employee assigned to criminal or traffic law enforcement duties of a police department of a county, city, borough, town or township. The term also includes a member of the State Police Force.

"Police station." The station or headquarters of a police department or a Pennsylvania State Police station or headquarters.

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

Section 2. Section 6303(a) of Title 23 is amended by adding a definition to read:

§ 6303. Definitions.

(a) General rule.--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:

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

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Section 3. Section 6315(a) of Title 23 is amended by adding a paragraph to read:

§ 6315. Taking child into protective custody.

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

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(7) By a health care provider as defined in section 6502 (relating to definitions) at an urgent care center under Chapter 65.

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Section 4. The definitions of "department" and "health care provider" in section 6502 of Title 23 are amended and the section is amended by adding a definition to read:

§ 6502. 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:

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"Department." The Department of [Public Welfare] Human Services of the Commonwealth.

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"Health care provider." A person who is licensed or certified by the laws of this Commonwealth to administer health care in the ordinary course of business or practice of a profession. 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 immunity), the term includes administrative, managerial and security personnel and any other person employed by a hospital or urgent care center .

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

Section 5. Section 6504.3(a) and (b)(4)(i), (v) and (vi) and (5) of Title 23 are amended to read:

§ 6504.3. Incubators for newborns.

(a) Provision optional.--A hospital, police station , urgent care center or [other] entity employing or otherwise providing access to an emergency services provider may provide an incubator for the care of a newborn accepted under this chapter.

(b) Regulations.--The Department of Health shall promulgate regulations for providing an incubator under subsection (a). The regulations shall include all of the following:

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(4) Design and function requirements for an incubator which shall include all of the following:

(i) Installation of an incubator at a hospital, police station , urgent care center or [other] entity which employs or otherwise provides access to an emergency services provider.

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(v) Providing notice to the personnel of a hospital, police station , urgent care center or [other] entity which employs or otherwise provides access to an emergency services provider within 30 seconds of the infant being placed by the parent in the incubator.

(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 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).

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Section 6. Title 23 is amended by adding a section to read:

§ 6504.4. Health care providers at urgent care centers accepting newborns.

(a) Duties.--A health care provider at an urgent care center shall do all of the following relating to a newborn accepted under this chapter:

(1) Take the newborn into protective custody under section 6315(a)(7) (relating to taking child into protective custody).

(2) Ensure that the newborn is transported to a hospital and placed into the care of a health care provider under section 6504 (relating to health care providers accepting newborns).

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

(c) Signage.--An urgent care center accepting newborns under this chapter shall ensure that the urgent care center's grounds and building display signs that specify the operating hours during which the urgent care center accepts newborns under section 6315(a)(7) and 18 Pa.C.S. § 4306 (relating to newborn protection).

Section 7. Sections 6505, 6507, 6508 and 6509 of Title 23 are amended to read:

§ 6505. Reporting acceptance of newborns.

A health care provider at a hospital shall in all cases notify the county agency and the local municipal police department or the Pennsylvania State Police where no municipal police jurisdiction exists immediately by telephone regarding a newborn accepted by a hospital under this chapter. A written report shall be submitted to the county agency and local municipal police department or the Pennsylvania State Police within 48 hours after the oral report. This section applies in the case of a hospital accepting a newborn pursuant to sections 6504.1(a)(2) (relating to police officers accepting newborns) [and] , 6504.2(a)(2) (relating to emergency services providers accepting newborns) and 6504.4(a)(2) (relating to health care providers at urgent care centers accepting newborns) . [For purposes of this section, the term "health care provider" shall include administrative, managerial and security personnel employed by a hospital.]

§ 6507. Immunity.

Except for a violation of section 6506 (relating to failure to report acceptance of newborns), no emergency services 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.

§ 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. Duties of department.

The department shall provide educational materials for use by emergency services providers, entities which employ or otherwise 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. The department shall promulgate such regulations as may be necessary to implement this chapter, section 6315(a)(3) and other applicable provisions of Chapter 63 that relate to newborn protection. The department shall also provide emergency services providers, entities which employ or otherwise provide access to emergency services providers, health care providers, hospitals, urgent care centers, the Pennsylvania State Police and police departments with an informational pamphlet regarding this chapter, section 6315(a)(3) and other applicable provisions of Chapter 63 that relate to newborn protection which may be distributed to the public. In addition, the department shall comply with the provisions regarding infant abandonment in sections 6365 (relating to services for prevention, investigation and treatment of child abuse) and 6383 (relating to education and training). A report shall be made annually to the General Assembly on the number and disposition of newborns accepted in accordance with this chapter, section 6315(a)(3) and (5) and other applicable provisions of Chapter 63 that relate to newborn protection.

Section 8. This act shall take effect in 60 days.

APPROVED--The 31st day of October, A.D. 2024.

JOSH SHAPIRO