2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
3202 - Legislative intent.

     § 3202.  Legislative intent.
        (a)  Rights and interests.--It is the intention of the
     General Assembly of the Commonwealth of Pennsylvania to protect
     hereby the life and health of the woman subject to abortion and
     to protect the life and health of the child subject to abortion.
     It is the further intention of the General Assembly to foster
     the development of standards of professional conduct in a
     critical area of medical practice, to provide for development of
     statistical data and to protect the right of the minor woman
     voluntarily to decide to submit to abortion or to carry her
     child to term. The General Assembly finds as fact that the
     rights and interests furthered by this chapter are not secure in
     the context in which abortion is presently performed.
        (b)  Conclusions.--Reliable and convincing evidence has
     compelled the General Assembly to conclude and the General
     Assembly does hereby solemnly declare and find that:
            (1)  Many women now seek or are encouraged to undergo
        abortions without full knowledge of the development of the
        unborn child or of alternatives to abortion.
            (2)  The gestational age at which viability of an unborn
        child occurs has been lowering substantially and steadily as
        advances in neonatal medical care continue to be made.
            (3)  A significant number of late-term abortions result
        in live births, or in delivery of children who could survive
        if measures were taken to bring about breathing. Some
        physicians have been allowing these children to die or have
        been failing to induce breathing.
            (4)  Because the Commonwealth places a supreme value upon
        protecting human life, it is necessary that those physicians
        which it permits to practice medicine be held to precise
        standards of care in cases where their actions do or may
        result in the death of an unborn child.
            (5)  A reasonable waiting period, as contained in this
        chapter, is critical to the assurance that a woman elect to
        undergo an abortion procedure only after having the fullest
        opportunity to give her informed consent thereto.
        (c)  Construction.--In every relevant civil or criminal
     proceeding in which it is possible to do so without violating
     the Federal Constitution, the common and statutory law of
     Pennsylvania shall be construed so as to extend to the unborn
     the equal protection of the laws and to further the public
     policy of this Commonwealth encouraging childbirth over
     abortion.
        (d)  Right of conscience.--It is the further public policy of
     the Commonwealth of Pennsylvania to respect and protect the
     right of conscience of all persons who refuse to obtain,
     receive, subsidize, accept or provide abortions including those
     persons who are engaged in the delivery of medical services and
     medical care whether acting individually, corporately or in
     association with other persons; and to prohibit all forms of
     discrimination, disqualification, coercion, disability or
     imposition of liability or financial burden upon such persons or
     entities by reason of their refusing to act contrary to their
     conscience or conscientious convictions in refusing to obtain,
     receive, subsidize, accept or provide abortions.