HB 2136 — An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in medical services, providing for diagnoses prior to incarceration.

PRINTER'S NO.    2761

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2136
                                               Session of
                                                 2026

     INTRODUCED BY KINKEAD, HILL-EVANS, WAXMAN, RIVERA, McNEILL,
        KHAN, SANCHEZ, WARREN, HOHENSTEIN, D. WILLIAMS, RABB,
        SALISBURY, CEPEDA-FREYTIZ, SCHWEYER, MADDEN AND MAYES,
        JANUARY 13, 2026

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 13, 2026


                                    AN ACT
 1   Amending Title 61 (Prisons and Parole) of the Pennsylvania
 2      Consolidated Statutes, in medical services, providing for
 3      diagnoses prior to incarceration.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 61 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 3304.1.   Diagnoses prior to incarceration.
 9      (a)   Prohibition.--Except as provided for under subsection
10   (b), the department may not in any manner remove or refuse to
11   recognize a diagnosis for any medical condition made by a health
12   care practitioner as defined under section 103 of the act of
13   July 19, 1979 (P.L.130, No.48), known as the Health Care
14   Facilities Act, prior to the incarceration of the individual.
15      (b)   Exception.--The health care practitioner who made the
16   diagnosis, or a health care practitioner with medical expertise
17   on the diagnosed medical condition in question who is not
1   employed by or affiliated with the department, may provide to
2   the department a written statement recommending the removal of a
3   diagnosis made prior to the incarceration of the individual.
4   Upon receipt of the written statement, the department may remove
5   the diagnosis of the medical condition in question.
6      Section 2.   This act shall take effect in 60 days.




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