HOUSE AMENDED
PRIOR PRINTER'S NO. 232 PRINTER'S NO. 1954
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 267
Session of
2023
INTRODUCED BY BROOKS, DUSH, DILLON, BARTOLOTTA, PHILLIPS-HILL,
KANE, TARTAGLIONE, MARTIN, COSTA AND ROBINSON,
JANUARY 31, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 9, 2024
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
2 Relations) of the Pennsylvania Consolidated Statutes, in
3 offenses against the family, further providing for newborn
4 protection; in child protective services, further providing
5 for definitions and for taking child into protective custody;
6 and, in newborn protection, further providing for definitions
7 and for incubators for newborns, providing for health care
8 providers at urgent care centers accepting newborns and
9 further providing for reporting acceptance of newborns, for
10 immunity, FOR DUTY OF HOSPITAL and for duties of department. <--
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4306 of Title 18 of the Pennsylvania
14 Consolidated Statutes is amended to read:
15 § 4306. Newborn protection.
16 (a) General rule.--A parent of a newborn shall not be
17 criminally liable for any violation of this title solely for
18 leaving a newborn in the care of a hospital, an urgent care <--
19 center, A HEALTH CARE PROVIDER AT AN URGENT CARE CENTER UNDER 23 <--
20 PA.C.S. CH. 65 (RELATING TO NEWBORN PROTECTION), a police
 1 officer at a police station pursuant to 23 Pa.C.S. Ch. 65
2 [(relating to newborn protection)] or an emergency services <--
3 provider on the grounds of an entity employing the emergency
4 services provider or otherwise providing access to the emergency
5 services provider pursuant to 23 Pa.C.S. Ch. 65 if the following
6 criteria are met:
7 (1) The parent expresses, either orally or through
8 conduct, the intent to have the hospital, THE HEALTH CARE <--
9 PROVIDER AT THE urgent care center, police officer or
10 emergency services provider accept the newborn pursuant to 23
11 Pa.C.S. Ch. 65.
12 (2) The newborn is not a victim of child abuse or
13 criminal conduct.
14 (a.1) Incubator.--A parent of a newborn shall not be
15 criminally liable for any violation of this title solely for
16 leaving a newborn in an incubator if the newborn is not a victim
17 of child abuse or criminal conduct and the incubator is located:
18 (1) at a hospital;
19 (2) at a police station pursuant to 23 Pa.C.S. Ch. 65;
20 [or]
21 (3) on the grounds of an entity employing the emergency
22 services provider or otherwise providing access to the
23 emergency services provider pursuant to 23 Pa.C.S. Ch. 65[.];
24 or
25 (4) at an urgent care center.
26 (b) Definitions.--As used in this section, the following
27 words and phrases shall have the meanings given to them in this
28 subsection unless the context clearly indicates otherwise:
29 "Child abuse." As defined in 23 Pa.C.S. § 6303(b.1)
30 (relating to definitions).
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 1 "Emergency services provider." An emergency medical
2 responder, emergency medical technician, advanced emergency
3 medical technician or a paramedic as defined in 35 Pa.C.S. §
4 8103 (relating to definitions).
5 "HEALTH CARE PROVIDER." AS DEFINED IN 23 PA.C.S. § 6502 <--
6 (RELATING TO DEFINITIONS).
7 "Newborn." As defined in 23 Pa.C.S. § 6502 [(relating to <--
8 definitions)]. <--
9 "Police department." A public agency of a political
10 subdivision having general police powers and charged with making
11 arrests in connection with the enforcement of criminal or
12 traffic laws.
13 "Police officer." A full-time or part-time employee assigned
14 to criminal or traffic law enforcement duties of a police
15 department of a county, city, borough, town or township. The
16 term also includes a member of the State Police Force.
17 "Police station." The station or headquarters of a police
18 department or a Pennsylvania State Police station or
19 headquarters.
20 "Urgent care center." As defined in section 2 of the act of
21 November 2, 2016 (P.L.976, No.122), known as the Safe Emergency
22 Prescribing Act.
23 Section 2. Section 6303(a) of Title 23 is amended by adding
24 a definition to read:
25 § 6303. Definitions.
26 (a) General rule.--The following words and phrases when used
27 in this chapter shall have the meanings given to them in this
28 section unless the context clearly indicates otherwise:
29 * * *
30 "Urgent care center." As defined in section 2 of the act of
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 1 November 2, 2016 (P.L.976, No.122), known as the Safe Emergency
2 Prescribing Act.
3 * * *
4 Section 3. Section 6315(a) of Title 23 is amended by adding
5 a paragraph to read:
6 § 6315. Taking child into protective custody.
7 (a) General rule.--A child may be taken into protective
8 custody:
9 * * *
10 (7) By a health care provider AS DEFINED IN SECTION 6502 <--
11 (RELATING TO DEFINITIONS) at an urgent care center under
12 Chapter 65.
13 * * *
14 Section 4. The definitions of "department" and "health care
15 provider" in section 6502 of Title 23 are amended and the
16 section is amended by adding a definition to read:
17 § 6502. Definitions.
18 The following words and phrases when used in this chapter
19 shall have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 * * *
22 "Department." The Department of [Public Welfare] Human
23 Services of the Commonwealth.
24 * * *
25 "Health care provider." A person who is licensed or
26 certified by the laws of this Commonwealth to administer health
27 care in the ordinary course of business or practice of a
28 profession. For purposes of accepting a newborn as provided in
29 section 6504(a)(1) (relating to accepting newborns) and for
30 immunity provided pursuant to section 6507 (relating to
20230SB0267PN1954 - 4 -
 1 immunity), the term includes administrative, managerial and
2 security personnel and any other person employed by a hospital
3 or urgent care center.
4 * * *
5 "Urgent care center." As defined in section 2 of the act of
6 November 2, 2016 (P.L.976, No.122), known as the Safe Emergency
7 Prescribing Act.
8 Section 5. Section 6504.3(a) and (b)(4)(i), (v) and (vi) and
9 (5) of Title 23 are amended to read:
10 § 6504.3. Incubators for newborns.
11 (a) Provision optional.--A hospital, police station, urgent
12 care center or [other] entity employing or otherwise providing
13 access to an emergency services provider may provide an
14 incubator for the care of a newborn accepted under this chapter.
15 (b) Regulations.--The Department of Health shall promulgate
16 regulations for providing an incubator under subsection (a). The
17 regulations shall include all of the following:
18 * * *
19 (4) Design and function requirements for an incubator
20 which shall include all of the following:
21 (i) Installation of an incubator at a hospital,
22 police station, urgent care center or [other] entity
23 which employs or otherwise provides access to an
24 emergency services provider.
25 * * *
26 (v) Providing notice to the personnel of a hospital,
27 police station, urgent care center or [other] entity
28 which employs or otherwise provides access to an
29 emergency services provider within 30 seconds of the
30 infant being placed by the parent in the incubator.
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 1 (vi) Triggering a 911 call if the personnel of a
2 hospital, police station, urgent care center or [other]
3 entity which employs or otherwise provides access to an
4 emergency services provider does not respond within a
5 reasonable amount of time under subparagraph (v).
6 (5) Operating policy, supervision and maintenance
7 requirements for an incubator, including that only an
8 emergency services provider at an entity that employs or
9 otherwise provides access to the emergency services provider,
10 a health care provider at a hospital [or], police officer at
11 a police station or a health care provider at an urgent care
12 center may take an infant into protective custody in
13 accordance with Chapter 63 (relating to child protective
14 services).
15 * * *
16 Section 6. Title 23 is amended by adding a section to read:
17 § 6504.4. Health care providers at urgent care centers
18 accepting newborns.
19 (a) Duties.--A health care provider at an urgent care center
20 shall do all of the following relating to a newborn accepted
21 under this chapter:
22 (1) Take the newborn into protective custody under
23 section 6315(a)(7) (relating to taking child into protective
24 custody).
25 (2) Ensure that the newborn is transported to a hospital
26 and placed into the care of a health care provider under
27 section 6504 (relating to health care providers accepting
28 newborns).
29 (b) Medical history.--When a health care provider at an
30 urgent care center accepts a newborn under this chapter, a
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 1 parent may provide the health care provider with information
2 about the newborn's medical history and identifying information.
3 (c) Signage.--An urgent care center accepting newborns under
4 this chapter shall ensure that the urgent care center's grounds
5 and building display signs that specify the operating hours
6 during which the urgent care center accepts newborns under
7 section 6315(a)(7) and 18 Pa.C.S. § 4306 (relating to newborn
8 protection).
9 Section 7. Sections 6505, 6507, 6508 and 6509 of Title 23 <--
10 are amended to read:
11 § 6505. Reporting acceptance of newborns.
12 A health care provider at a hospital shall in all cases
13 notify the county agency and the local municipal police
14 department or the Pennsylvania State Police where no municipal
15 police jurisdiction exists immediately by telephone regarding a
16 newborn accepted by a hospital under this chapter. A written
17 report shall be submitted to the county agency and local
18 municipal police department or the Pennsylvania State Police
19 within 48 hours after the oral report. This section applies in
20 the case of a hospital accepting a newborn pursuant to sections
21 6504.1(a)(2) (relating to police officers accepting newborns)
22 [and], 6504.2(a)(2) (relating to emergency services providers
23 accepting newborns) and 6504.4(a)(2) (relating to health care
24 providers at urgent care centers accepting newborns). [For
25 purposes of this section, the term "health care provider" shall
26 include administrative, managerial and security personnel
27 employed by a hospital.]
28 § 6507. Immunity.
29 Except for a violation of section 6506 (relating to failure
30 to report acceptance of newborns), no emergency services
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 1 provider, entity that employs or otherwise provides access to an
2 emergency services provider, hospital, urgent care center,
3 health care provider at a hospital or urgent care center or
4 police department, police officer or administrative or
5 managerial personnel of a police department shall be subject to
6 civil liability or criminal penalty solely by reason of
7 complying with the provisions of this chapter.
8 § 6508. DUTY OF [HOSPITAL] HOSPITALS AND URGENT CARE CENTERS. <--
9 [A HOSPITAL SHALL INSURE] EACH HOSPITAL AND URGENT CARE
10 CENTER SHALL ENSURE THAT ITS OFFICERS, HEALTH CARE PROVIDERS AND
11 EMPLOYEES ARE FAMILIAR WITH THE PROVISIONS OF THIS CHAPTER,
12 SECTION [6315(A)(3)] 6315(A) (RELATING TO TAKING CHILD INTO
13 PROTECTIVE CUSTODY) AND OTHER APPLICABLE PROVISIONS OF CHAPTER
14 63 (RELATING TO CHILD PROTECTIVE SERVICES) THAT RELATE TO
15 NEWBORN PROTECTION AND SHALL INSURE THAT THE APPROPRIATE
16 OFFICERS, HEALTH CARE PROVIDERS AND EMPLOYEES, AS THE CASE MAY
17 BE, RECEIVE EDUCATIONAL MATERIALS PROVIDED BY THE DEPARTMENT AS
18 ESTABLISHED UNDER SECTION 6509 (RELATING TO DUTIES OF
19 DEPARTMENT). INFORMATION CONCERNING THIS CHAPTER, SECTION
20 [6315(A)(3)] 6315(A) AND OTHER APPLICABLE PROVISIONS OF CHAPTER
21 63 THAT RELATE TO NEWBORN PROTECTION AND REGULATIONS ADOPTED BY
22 THE DEPARTMENT SHALL BE MADE PART OF THE TRAINING AT EACH
23 HOSPITAL[. EACH HOSPITAL] AND URGENT CARE CENTER. EACH HOSPITAL
24 AND URGENT CARE CENTER SHALL ADOPT A WRITTEN POLICY IN
25 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, SECTION [6315(A)
26 (3)] 6315(A) AND OTHER APPLICABLE PROVISIONS OF CHAPTER 63 THAT
27 RELATE TO NEWBORN PROTECTION.
28 § 6509. Duties of department.
29 The department shall provide educational materials for use by
30 emergency services providers, entities which employ or otherwise
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 1 provide access to emergency services providers, hospitals,
2 urgent care centers, health care providers, employees at
3 hospitals and police officers regarding this chapter, section
4 6315(a)(3) (relating to taking child into protective custody)
5 and other applicable provisions of Chapter 63 (relating to child
6 protective services) that relate to newborn protection. The
7 department shall promulgate such regulations as may be necessary
8 to implement this chapter, section 6315(a)(3) and other
9 applicable provisions of Chapter 63 that relate to newborn
10 protection. The department shall also provide emergency services
11 providers, entities which employ or otherwise provide access to
12 emergency services providers, health care providers, hospitals,
13 urgent care centers, the Pennsylvania State Police and police
14 departments with an informational pamphlet regarding this
15 chapter, section 6315(a)(3) and other applicable provisions of
16 Chapter 63 that relate to newborn protection which may be
17 distributed to the public. In addition, the department shall
18 comply with the provisions regarding infant abandonment in
19 sections 6365 (relating to services for prevention,
20 investigation and treatment of child abuse) and 6383 (relating
21 to education and training). A report shall be made annually to
22 the General Assembly on the number and disposition of newborns
23 accepted in accordance with this chapter, section 6315(a)(3) and
24 (5) and other applicable provisions of Chapter 63 that relate to
25 newborn protection.
26 Section 8. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 0232: 18-4306
Printer's No. 1954: 18-4306