2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
3209 - Spousal notice.

     § 3209.  Spousal notice.
        (a)  Spousal notice required.--In order to further the
     Commonwealth's interest in promoting the integrity of the
     marital relationship and to protect a spouse's interests in
     having children within marriage and in protecting the prenatal
     life of that spouse's child, no physician shall perform an
     abortion on a married woman, except as provided in subsections
     (b) and (c), unless he or she has received a signed statement,
     which need not be notarized, from the woman upon whom the
     abortion is to be performed, that she has notified her spouse
     that she is about to undergo an abortion. The statement shall
     bear a notice that any false statement made therein is
     punishable by law.
        (b)  Exceptions.--The statement certifying that the notice
     required by subsection (a) has been given need not be furnished
     where the woman provides the physician a signed statement
     certifying at least one of the following:
            (1)  Her spouse is not the father of the child.
            (2)  Her spouse, after diligent effort, could not be
        located.
            (3)  The pregnancy is a result of spousal sexual assault
        as described in section 3128 (relating to spousal sexual
        assault), which has been reported to a law enforcement agency
        having the requisite jurisdiction.
            (4)  The woman has reason to believe that the furnishing
        of notice to her spouse is likely to result in the infliction
        of bodily injury upon her by her spouse or by another
        individual.
     Such statement need not be notarized, but shall bear a notice
     that any false statements made therein are punishable by law.
        (c)  Medical emergency.--The requirements of subsection (a)
     shall not apply in case of a medical emergency.
        (d)  Forms.--The department shall cause to be published forms
     which may be utilized for purposes of providing the signed
     statements required by subsections (a) and (b). The department
     shall distribute an adequate supply of such forms to all
     abortion facilities in this Commonwealth.
        (e)  Penalty; civil action.--Any physician who violates the
     provisions of this section is guilty of "unprofessional
     conduct," and his or her license for the practice of medicine
     and surgery shall be subject to suspension or revocation in
     accordance with procedures provided under the act of October 5,
     1978 (P.L.1109, No.261), known as the Osteopathic Medical
     Practice Act, the act of December 20, 1985 (P.L.457, No.112),
     known as the Medical Practice Act of 1985, or their successor
     acts. In addition, any physician who knowingly violates the
     provisions of this section shall be civilly liable to the spouse
     who is the father of the aborted child for any damages caused
     thereby and for punitive damages in the amount of $5,000, and
     the court shall award a prevailing plaintiff a reasonable
     attorney fee as part of costs.
     (Nov. 17, 1989, P.L.592, No.64)

        1989 Amendment.  Act 64 added section 3209. See sections 7, 8
     and 9 of Act 64 in the appendix to this title for special
     provisions relating to publication of forms and materials,
     applicability of reporting and distribution requirements and
     effective date.
        Prior Provisions.  Former section 3209, which related to
     abortion after first trimester, was added June 11, 1982,
     P.L.476, No.138, and repealed March 25, 1988, P.L.262, No.31,
     effective in 30 days.
        References in Text.  Section 3128, referred to in subsec.
     (b), is repealed.