2012 Pennsylvania Consolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
Section 3213 - Prohibited acts

     § 3213.  Prohibited acts.
        (a)  Payment for abortion.--Except in the case of a pregnancy
     which is not yet clinically diagnosable, any person who intends
     to perform or induce abortion shall, before accepting payment
     therefor, make or obtain a determination that the woman is
     pregnant. Any person who intentionally or knowingly accepts such
     a payment without first making or obtaining such a determination
     commits a misdemeanor of the second degree. Any person who makes
     such a determination erroneously either knowing that it is
     erroneous or with reckless disregard or negligence as to whether
     it is erroneous, and who either:
            (1)  thereupon or thereafter intentionally relies upon
        that determination in soliciting or obtaining any such
        payment; or
            (2)  intentionally conveys that determination to any
        person or persons with knowledge that, or with reckless
        disregard as to whether, that determination will be relied
        upon in any solicitation or obtaining of any such payment;
     commits a misdemeanor of the second degree.
        (b)  Referral fee.--The payment or receipt of a referral fee
     in connection with the performance of an abortion is a
     misdemeanor of the first degree. For purposes of this section,
     "referral fee" means the transfer of anything of value between a
     physician who performs an abortion or an operator or employee of
     a clinic at which an abortion is performed and the person who
     advised the woman receiving the abortion to use the services of
     that physician or clinic.
        (c)  Regulations.--The department shall issue regulations to
     assure that prior to the performance of any abortion, including
     abortions performed in the first trimester of pregnancy, the
     maternal Rh status shall be determined and that anti-Rh
     sensitization prophylaxis shall be provided to each patient at
     risk of sensitization unless the patient refuses to accept the
     treatment. Except when there exists a medical emergency or, in
     the judgment of the physician, there exists no possibility of Rh
     sensitization, the intentional, knowing, or reckless failure to
     conform to the regulations issued pursuant to this subsection
     constitutes "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.
        (d)  Participation in abortion.--Except for a facility
     devoted exclusively to the performance of abortions, no medical
     personnel or medical facility, nor any employee, agent or
     student thereof, shall be required against his or its conscience
     to aid, abet or facilitate performance of an abortion or
     dispensing of an abortifacient and failure or refusal to do so
     shall not be a basis for any civil, criminal, administrative or
     disciplinary action, penalty or proceeding, nor may it be the
     basis for refusing to hire or admit anyone. Nothing herein shall
     be construed to limit the provisions of the act of October 27,
     1955 (P.L.744, No.222), known as the "Pennsylvania Human
     Relations Act." Any person who knowingly violates the provisions
     of this subsection shall be civilly liable to the person thereby
     injured and, in addition, shall be liable to that person for
     punitive damages in the amount of $5,000.
        (e)  In vitro fertilization.--All persons conducting, or
     experimenting in, in vitro fertilization shall file quarterly
     reports with the department, which shall be available for public
     inspection and copying, containing the following information:
            (1)  Names of all persons conducting or assisting in the
        fertilization or experimentation process.
            (2)  Locations where the fertilization or experimentation
        is conducted.
            (3)  Name and address of any person, facility, agency or
        organization sponsoring the fertilization or experimentation
        except that names of any persons who are donors or recipients
        of sperm or eggs shall not be disclosed.
            (4)  Number of eggs fertilized.
            (5)  Number of fertilized eggs destroyed or discarded.
            (6)  Number of women implanted with a fertilized egg.
     Any person required under this subsection to file a report, keep
     records or supply information, who willfully fails to file such
     report, keep records or supply such information or who submits a
     false report shall be assessed a fine by the department in the
     amount of $50 for each day in which that person is in violation
     hereof.
        (f)  Notice.--
            (1)  Except for a facility devoted exclusively to the
        performance of abortions, every facility performing abortions
        shall prominently post a notice, not less than eight and one-
        half inches by eleven inches in size, entitled "Right of
        Conscience," for the exclusive purpose of informing medical
        personnel, employees, agents and students of such facilities
        of their rights under subsection (d) and under section 5.2 of
        the Pennsylvania Human Relations Act. The facility shall post
        the notice required by this subsection in a location or
        locations where notices to employees, medical personnel and
        students are normally posted or, if notices are not normally
        posted, in a location or locations where the notice required
        by this subsection is likely to be seen by medical personnel,
        employees or students of the facility. The department shall
        prescribe a model notice which may be used by any facility,
        and any facility which utilizes the model notice or
        substantially similar language shall be deemed in compliance
        with this subsection.
            (2)  The department shall have the authority to assess a
        civil penalty of up to $5,000 against any facility for each
        violation of this subsection, giving due consideration to the
        appropriateness of the penalty with respect to the size of
        the facility, the gravity of the violation, the good faith of
        the facility and the history of previous violations. Civil
        penalties due under this subsection shall be paid to the
        department for deposit in the State Treasury and may be
        collected by the department in the appropriate court of
        common pleas. The department shall send a copy of its model
        notice to every facility which files a report under section
        3207(b) (relating to abortion facilities). Failure to receive
        a notice shall not be a defense to any civil action brought
        pursuant to this subsection.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days)

        1988 Amendment.  Act 31 amended subsec. (c) and added subsec.
     (f).