2019 Pennsylvania Consolidated Statutes
Title 23 - DOMESTIC RELATIONS
Chapter 65 - Newborn Protection
Section 6504.3 - Incubators for newborns
(a) Provision optional.--A hospital, police station or other entity employing or otherwise providing access to an emergency services provider may provide an incubator for the care of a newborn accepted under this chapter.
(b) Regulations.--The Department of Health shall promulgate regulations for providing an incubator under subsection (a). The regulations shall include all of the following:
(1) Sanitation standards for an incubator.
(2) Procedures to provide emergency care for an infant placed in an incubator.
(3) Manufacturing and manufacturer standards for an incubator.
(4) Design and function requirements for an incubator which shall include all of the following:
(i) Installation of an incubator at a hospital, police station or other entity which employs or otherwise provides access to an emergency services provider.
(ii) Allowance of an infant to be placed in the incubator anonymously by the parent.
(iii) Locking an incubator after the parent places the infant in the incubator to prevent third parties from having access to the infant.
(iv) Providing a controlled environment to protect and care for the infant.
(v) Providing notice to the personnel of a hospital, police station or other entity which employs or otherwise provides access to an emergency services provider within 30 seconds of the infant being placed by the parent in the incubator.
(vi) Triggering a 911 call if the personnel of a hospital, police station or other entity which employs or otherwise provides access to an emergency services provider does not respond within a reasonable amount of time under subparagraph (v).
(5) Operating policy, supervision and maintenance requirements for an incubator, including that only an emergency services provider at an entity that employs or otherwise provides access to the emergency services provider, a health care provider at a hospital or police officer at a police station may take an infant into protective custody in accordance with Chapter 63 (relating to child protective services).
(6) Qualifications to install an incubator.
(7) Procedures and forms for the free registration with the Department of Health of installers qualified to install incubators in accordance with this chapter.
(8) Procedures for the free registration with the Department of Health of an incubator installed in accordance with this chapter.
(9) The creation and installation of signs near an incubator to provide information to parents about how to use the incubators.
(10) Any other provisions deemed necessary by the Department of Health to ensure the safety of an infant and the safe use of an incubator by a parent.
(c) Notice.--The Department of Health shall publish notice in the Pennsylvania Bulletin of the promulgation of final regulations regarding incubators under subsection (b).
(Dec. 22, 2017, P.L.1219, No.68)
2017 Amendment. Act 68 added section 6504.3. Section 7(1)(ii) of Act 68 provided that subsecs. (b) and (c) shall take effect immediately. Section 7(2) of Act 68 provided that subsec. (a) shall take effect 120 days after the publication in the Pennsylvania Bulletin of the promulgation of final regulations under 23 Pa.C.S. § 6504.3(c).
