Pennsylvania
2023 Pennsylvania Consolidated & Unconsolidated Statutes | Title 18 - CRIMES AND OFFENSES | Chapter 32 - Abortion
[Source]
Section 3213 - Prohibited 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.
(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.