2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
3216 - Fetal experimentation.

     § 3216.  Fetal experimentation.
        (a)  Unborn or live child.--Any person who knowingly performs
     any type of nontherapeutic experimentation or nontherapeutic
     medical procedure (except an abortion as defined in this
     chapter) upon any unborn child, or upon any child born alive
     during the course of an abortion, commits a felony of the third
     degree. "Nontherapeutic" means that which is not intended to
     preserve the life or health of the child upon whom it is
     performed.
        (b)  Dead child.--The following standards govern the
     procurement and use of any fetal tissue or organ which is used
     in animal or human transplantation, research or experimentation:
            (1)  No fetal tissue or organs may be procured or used
        without the written consent of the mother. No consideration
        of any kind for such consent may be offered or given.
        Further, if the tissue or organs are being derived from
        abortion, such consent shall be valid only if obtained after
        the decision to abort has been made.
            (2)  No person who provides the information required by
        section 3205 (relating to informed consent) shall employ the
        possibility of the use of aborted fetal tissue or organs as
        an inducement to a pregnant woman to undergo abortion except
        that payment for reasonable expenses occasioned by the actual
        retrieval, storage, preparation and transportation of the
        tissues is permitted.
            (3)  No remuneration, compensation or other consideration
        may be paid to any person or organization in connection with
        the procurement of fetal tissue or organs.
            (4)  All persons who participate in the procurement, use
        or transplantation of fetal tissue or organs, including the
        recipients of such tissue or organs, shall be informed as to
        whether the particular tissue or organ involved was procured
        as a result of either:
                (i)  stillbirth;
                (ii)  miscarriage;
                (iii)  ectopic pregnancy;
                (iv)  abortion; or
                (v)  any other means.
            (5)  No person who consents to the procurement or use of
        any fetal tissue or organ may designate the recipient of that
        tissue or organ, nor shall any other person or organization
        act to fulfill that designation.
            (6)  The department may assess a civil penalty upon any
        person who procures, sells or uses any fetal tissue or organs
        in violation of this section or the regulations issued
        thereunder. Such civil penalties may not exceed $5,000 for
        each separate violation. In assessing such penalties, the
        department shall give due consideration to the gravity of the
        violation, the good faith of the violator and the history of
        previous violations. Civil penalties due under this paragraph
        shall be paid to the department for deposit in the State
        Treasury and may be enforced by the department in the
        Commonwealth Court.
        (c)  Construction of section.--Nothing in this section shall
     be construed to condone or prohibit the performance of
     diagnostic tests while the unborn child is in utero or the
     performance of pathological examinations on an aborted child.
     Nor shall anything in this section be construed to condone or
     prohibit the performance of in vitro fertilization and
     accompanying embryo transfer.
     (Nov. 17, 1989, P.L.592, No.64, eff. 60 days)