2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 54 - Health Care
5429 - Pregnancy.

     § 5429.  Pregnancy.
        (a)  Living wills and health care decisions.--Notwithstanding
     the existence of a living will, a health care decision by a
     health care representative or health care agent or any other
     direction to the contrary, life-sustaining treatment, nutrition
     and hydration shall be provided to a pregnant woman who is
     incompetent and has an end-stage medical condition or who is
     permanently unconscious unless, to a reasonable degree of
     medical certainty as certified on the pregnant woman's medical
     record by the pregnant woman's attending physician and an
     obstetrician who has examined the pregnant woman, life-
     sustaining treatment, nutrition and hydration:
            (1)  will not maintain the pregnant woman in such a way
        as to permit the continuing development and live birth of the
        unborn child;
            (2)  will be physically harmful to the pregnant woman; or
            (3)  will cause pain to the pregnant woman that cannot be
        alleviated by medication.
        (b)  Rule for orders.--Notwithstanding the existence of an
     order or direction to the contrary, life-sustaining treatment,
     cardiopulmonary resuscitation, nutrition and hydration shall be
     provided to a pregnant patient unless, to a reasonable degree of
     medical certainty as certified on the pregnant patient's medical
     record by the attending physician and an obstetrician who has
     examined the pregnant patient, life-sustaining treatment,
     nutrition and hydration:
            (1)  will not maintain the pregnant patient in such a way
        as to permit the continuing development and live birth of the
        unborn child;
            (2)  will be physically harmful to the pregnant patient;
        or
            (3)  would cause pain to the pregnant patient that cannot
        be alleviated by medication.
        (c)  Pregnancy test.--Nothing in this chapter shall require a
     physician to perform a pregnancy test unless the physician has
     reason to believe that the woman may be pregnant.
        (d)  Payment of expenses by Commonwealth.--
            (1)  In the event that treatment, cardiopulmonary
        resuscitation, nutrition and hydration are provided to a
        pregnant woman, notwithstanding the existence of a living
        will, health care decision by a health care representative or
        health care agent, order or direction to the contrary, the
        Commonwealth shall pay all usual, customary and reasonable
        expenses directly, indirectly and actually incurred by the
        pregnant woman to whom such treatment, cardiopulmonary
        resuscitation, nutrition and hydration are provided.
            (2)  The Commonwealth shall have the right of subrogation
        against all moneys paid by any third-party health insurer on
        behalf of the pregnant woman.
            (3)  The expenditures incurred on behalf of the pregnant
        woman constitute a grant, and a lien may not be placed upon
        the property of the pregnant woman, her estate or her heirs.

        Cross References.  Section 5429 is referred to in section
     5456 of this title.