2012 Pennsylvania Consolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
Section 3205 - Informed consent

     § 3205.  Informed consent.
        (a)  General rule.--No abortion shall be performed or induced
     except with the voluntary and informed consent of the woman upon
     whom the abortion is to be performed or induced. Except in the
     case of a medical emergency, consent to an abortion is voluntary
     and informed if and only if:
            (1)  At least 24 hours prior to the abortion, the
        physician who is to perform the abortion or the referring
        physician has orally informed the woman of:
                (i)  The nature of the proposed procedure or
            treatment and of those risks and alternatives to the
            procedure or treatment that a reasonable patient would
            consider material to the decision of whether or not to
            undergo the abortion.
                (ii)  The probable gestational age of the unborn
            child at the time the abortion is to be performed.
                (iii)  The medical risks associated with carrying her
            child to term.
            (2)  At least 24 hours prior to the abortion, the
        physician who is to perform the abortion or the referring
        physician, or a qualified physician assistant, health care
        practitioner, technician or social worker to whom the
        responsibility has been delegated by either physician, has
        informed the pregnant woman that:
                (i)  The department publishes printed materials which
            describe the unborn child and list agencies which offer
            alternatives to abortion and that she has a right to
            review the printed materials and that a copy will be
            provided to her free of charge if she chooses to review
            it.
                (ii)  Medical assistance benefits may be available
            for prenatal care, childbirth and neonatal care, and that
            more detailed information on the availability of such
            assistance is contained in the printed materials
            published by the department.
                (iii)  The father of the unborn child is liable to
            assist in the support of her child, even in instances
            where he has offered to pay for the abortion. In the case
            of rape, this information may be omitted.
            (3)  A copy of the printed materials has been provided to
        the pregnant woman if she chooses to view these materials.
            (4)  The pregnant woman certifies in writing, prior to
        the abortion, that the information required to be provided
        under paragraphs (1), (2) and (3) has been provided.
        (b)  Emergency.--Where a medical emergency compels the
     performance of an abortion, the physician shall inform the
     woman, prior to the abortion if possible, of the medical
     indications supporting his judgment that an abortion is
     necessary to avert her death or to avert substantial and
     irreversible impairment of major bodily function.
        (c)  Penalty.--Any physician who violates the provisions of
     this section is guilty of "unprofessional conduct" and his
     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. Any physician who
     performs or induces an abortion without first obtaining the
     certification required by subsection (a)(4) or with knowledge or
     reason to know that the informed consent of the woman has not
     been obtained shall for the first offense be guilty of a summary
     offense and for each subsequent offense be guilty of a
     misdemeanor of the third degree. No physician shall be guilty of
     violating this section for failure to furnish the information
     required by subsection (a) if he or she can demonstrate, by a
     preponderance of the evidence, that he or she reasonably
     believed that furnishing the information would have resulted in
     a severely adverse effect on the physical or mental health of
     the patient.
        (d)  Limitation on civil liability.--Any physician who
     complies with the provisions of this section may not be held
     civilly liable to his patient for failure to obtain informed
     consent to the abortion within the meaning of that term as
     defined by the act of October 15, 1975 (P.L.390, No.111), known
     as the Health Care Services Malpractice Act.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days)

        1989 Amendment.  Act 64 amended subsecs. (a) and (c).
        Cross References.  Section 3205 is referred to in sections
     3216, 3217 of this title.