SB 886 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in rules of evidence, providing for protection of reproductive health services records.

PRINTER'S NO.    998

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         SENATE BILL
                         No. 886
                                                Session of
                                                  2025

     INTRODUCED BY CAPPELLETTI, SCHWANK, SAVAL, L. WILLIAMS, HUGHES,
        COLLETT, COMITTA, KEARNEY, SANTARSIERO, HAYWOOD AND COSTA,
        JUNE 24, 2025

     REFERRED TO JUDICIARY, JUNE 24, 2025


                                     AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in rules of evidence,
 3      providing for protection of reproductive health services
 4      records.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Title 42 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 6152.2.     Protection of reproductive health services records.
10      (a)   Disclosures.--Notwithstanding any other provision of
11   this subchapter or any other law of this Commonwealth and except
12   as provided under subsections (c) and (d), in a civil action or
13   proceeding, including a preliminary hearing, or in an
14   investigation or a proceeding by a district attorney or an
15   agency, a covered entity shall not disclose any of the following
16   unless a patient or the patient's guardian or other authorized
17   legal representative explicitly consents in writing to the
18   disclosure:
 1            (1)   A communication made to the covered entity from the
 2      patient or the patient's guardian or other authorized legal
 3      representative relating to reproductive health care services
 4      that are permitted under the laws of this Commonwealth.
 5            (2)   Information obtained by personal examination of the
 6      patient relating to reproductive health care services that
 7      are permitted under the laws of this Commonwealth.
 8      (b)   Duties of covered entities.--A covered entity shall
 9   inform a patient or the patient's guardian or other authorized
10   legal representative of the patient's right to withhold written
11   consent to a disclosure specified under subsection (a).
12      (c)   Exceptions.--The written consent of a patient or
13   patient's guardian or other authorized legal representative
14   shall not be required for a disclosure under subsection (a) if
15   any of the following apply:
16            (1)   The disclosure is authorized by the rules of court
17      under section 1722 (relating to adoption of administrative
18      and procedural rules).
19            (2)   The disclosure is made by a covered entity to the
20      covered entity's attorney or professional liability insurer
21      or the insurer's agent for use in the defense of a claim made
22      against the covered entity or when there is a reasonable
23      belief that a claim will be made against the covered entity
24      in a civil action or proceeding.
25            (3)   The disclosure is made to the Department of State in
26      connection with an investigation of a complaint if the
27      disclosure is related to the complaint.
28            (4)   The disclosure is made because child abuse, abuse of
29      a senior citizen or abuse of an individual with physical or
30      intellectual disabilities is known or is suspected in good

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 1    faith.
 2    (d)   Construction.--
 3          (1)   Nothing in this section shall be construed to impede
 4    the lawful sharing of medical records as permitted by Federal
 5    or State law or the rules of court under section 1722, except
 6    in the case of a subpoena commanding the production, copying
 7    or inspection of medical records relating to reproductive
 8    health care services.
 9          (2)   Nothing in this section shall be construed to
10    supplant existing State law or regulations governing the
11    disclosure requirements for confidential communications,
12    records or information regarding any of the following:
13                (i)    The provisions of section 5929 (relating to
14          physicians not to disclose information).
15                (ii)    The provisions of section 5944 (relating to
16          confidential communications to psychiatrists or licensed
17          psychologists), 5945 (relating to confidential
18          communications to school personnel) or 5945.1 (relating
19          to confidential communications with sexual assault
20          counselors).
21                (iii)    An individual subject to the act of July 9,
22          1987 (P.L.220, No.39), known as the Social Workers,
23          Marriage and Family Therapists and Professional
24          Counselors Act.
25                (iv)    An individual and a domestic violence
26          counselor/advocate as defined in 23 Pa.C.S. § 6102
27          (relating to definitions).
28                (v)    A physician licensed to practice medicine under
29          the act of December 20, 1985 (P.L.457, No.112), known as
30          the Medical Practice Act of 1985, a physician licensed to

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 1            practice osteopathic medicine under the act of October 5,
 2            1978 (P.L.1109, No.261), known as the Osteopathic Medical
 3            Practice Act, or any other licensed health care
 4            practitioner or health care provider in a civil action or
 5            proceeding, including a preliminary hearing, or in an
 6            investigation or a proceeding by a district attorney or
 7            an agency.
 8                 (vi)    The provisions of section 111 of the act of
 9            July 9, 1976 (P.L.817, No.143), known as the Mental
10            Health Procedures Act, or section 8 of the act of April
11            14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug
12            and Alcohol Abuse Control Act.
13      (e)   Definitions.--As used in this section, the following
14   words and phrases shall have the meanings given to them in this
15   subsection:
16      "Agency."    As defined in section 102 of the act of February
17   14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
18      "Covered entity."      As defined in 45 CFR 160.103 (relating to
19   definitions).
20      "Reproductive health care services."      Medical, surgical,
21   counseling or referral services relating to the human
22   reproductive system, including services relating to pregnancy,
23   contraception or the termination of pregnancy.
24      Section 2.    This act shall take effect in 60 days.




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