PRINTER'S NO. 2197
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1787
Session of
2023
INTRODUCED BY DALEY, SHUSTERMAN, MADDEN, VENKAT, BURGOS,
HOHENSTEIN, BRENNAN, HOWARD, PROBST, GUENST, SANCHEZ, BOYD,
KINSEY, SCHLOSSBERG, BOROWSKI, KINKEAD AND OTTEN,
OCTOBER 24, 2023
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 24, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in public safety, establishing the
Reproductive Health Services Address Confidentiality Program;
and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part III of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 59
REPRODUCTIVE HEALTH SERVICES
ADDRESS CONFIDENTIALITY
Sec.
5901. Scope of chapter.
5902. Definitions.
5903. Establishment and administration of program.
5904. Eligibility to apply for program participation.
5905. Application and certification process.
5906. Cancellation, expiration and voluntary withdrawal of
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certifications.
5907. Acceptance of substitute addresses by State and local
government entities.
5908. Disclosure of actual addresses.
5909. Waiver process.
5910. Emergency disclosure.
5911. Penalties.
5912. Civil immunity.
5913. Guidelines and regulations.
§ 5901. Scope of chapter.
This chapter relates to reproductive health services address
confidentiality.
§ 5902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Actual address." A residential address, school address or
work address of an individual.
"Department." The Department of Health of the Commonwealth.
"Eligible person." A person specified under section 5904
(relating to eligibility to apply for program participation).
"Law enforcement agency." A municipal police department, the
Pennsylvania State Police, a district attorney's office or the
Office of Attorney General.
"Program." The Reproductive Health Services Address
Confidentiality Program established under section 5903 (relating
to establishment and administration of program).
"Program participant." A person certified by the department
as eligible to participate in the program.
"Reproductive health service provider." A public or private
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hospital, clinic, center, medical school, medical training
institution, health care facility, physician's office,
infirmary, dispensary, ambulatory surgical treatment center or
other institution or location that provides reproductive health
services, including an employee, volunteer or contractor of the
provider of the reproductive health services.
"Reproductive health services." Medical, surgical,
counseling or referral services relating to the human
reproductive system, including services relating to pregnancy,
contraception or the termination of pregnancy.
"Substitute address." The official address of the department
or a confidential address designated by the department.
§ 5903. Establishment and administration of program.
(a) Establishment.--The Reproductive Health Services Address
Confidentiality Program is established within the department.
Upon filing an application and certification by the department
under section 5905 (relating to application and certification
process), a program participant shall receive a confidential
substitute address provided by the department, which shall
utilize a post office box number.
(b) Administration.--The department shall forward all of a
program participant's first class, registered and certified mail
to the program participant at no expense to the program
participant within three business days of receipt of the mail.
The department may arrange to receive and forward other classes
or kinds of the program participant's mail at the program
participant's expense.
(c) Notice.--Upon certification by the department under
section 5905(b), the department shall provide a notice of
participation and the program participant's substitute address
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to appropriate officials involved in an ongoing civil or
criminal case in which the program participant is a victim,
witness, plaintiff or defendant.
(d) Records.--All records relating to an eligible person who
submits an application under section 5905(a) or a program
participant shall be the property of the department. The
department shall keep the records confidential, including a
record relating to an application filed under section 5905(a), a
program participant's actual address or a waiver process under
section 5909 (relating to waiver process), and shall not be
subject to access under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law, except to a law
enforcement agency as necessary for the prosecution of an
offense under section 5911 (relating to penalties).
§ 5904. Eligibility to apply for program participation.
Any of following may submit an application to the department
to become a program participant:
(1) A reproductive health service provider or a patient
of the reproductive health service provider who files an
affidavit with the department stating that the affiant fears
a future violent act by the affiant's assailant, including a
description of the assailant's violent act or threatened
violent act toward the affiant, or that the affiant fears a
violent act from another individual.
(2) A person who is a member of the same household as a
program participant.
(3) A program participant who notifies the department of
the program participant's intent to continue in the program
before the expiration of the certification under section
5905(b) (relating to application and certification process).
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§ 5905. Application and certification process.
(a) Process.--An eligible person may file an application
with the department on a form prescribed by the department to
become a program participant. The department shall certify an
eligible person who submits an application under this subsection
as a program participant in accordance with subsection (b).
Certification as a program participant shall be valid for a
period of three years after the date of certification by the
department unless the certification is voluntarily withdrawn or
canceled under section 5906 (relating to cancellation,
expiration and voluntary withdrawal of certifications) before
the expiration of the three-year period.
(b) Certification.--The department shall certify an eligible
person who submits an application under subsection (a) as a
program participant if all of the following apply:
(1) The eligible person designates the department as an
agent for the purpose of receiving service of process.
(2) The application contains the eligible person's
actual address and telephone number where the eligible person
can be contacted.
(3) The application contains a list of all pending civil
and criminal proceedings in which the eligible person is a
victim, witness, plaintiff or defendant and, if applicable,
the eligible person's involvement with the Pennsylvania
Parole Board or a county office of probation and parole.
(4) The application contains a statement signed by the
eligible person affirming that the information provided by
the eligible person is true to the best of the eligible
person's information, knowledge and belief.
(5) The application contains a statement signed by the
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eligible person acknowledging that the eligible person has a
continuing duty to notify the department of a change in the
information provided to the department in accordance with
this chapter for the duration of participation in the
program.
(6) The application contains the date, the eligible
person's signature and the signature of any person who
assisted in the preparation of the application.
(c) Participation card.--Upon certifying an eligible person
for program participation, the department shall issue a program
participation card to the program participant with a substitute
address.
§ 5906. Cancellation, expiration and voluntary withdrawal of
certifications.
(a) Cancellation.--The department shall cancel the
certification of a program participant under section 5905(b)
(relating to application and certification process) if any of
the following apply:
(1) The program participant willingly provided false
information on the application under section 5905(a).
(2) The program participant failed to notify the
department within 10 days of a name change or an address
change.
(3) The program participant's mail is returned to the
department as nondeliverable.
(b) Expiration.--Certification as a program participant
under section 5905(b) shall be valid for a period of three years
after the date of certification by the department. The
department shall send a written notification of pending
expiration to a program participant's last known actual address
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no later than 30 days before the expiration of the
certification.
(c) Withdrawal.--A program participant may withdraw from
participating in the program at any time by notifying the
department in writing.
(d) Effect of cancellation, expiration or withdrawal.--
Notwithstanding the provisions of this section, an eligible
person may reapply for participation in the program.
§ 5907. Acceptance of substitute addresses by State and local
government entities.
A State or local government entity shall accept the
substitute address designated on a valid program participation
card issued to the program participant by the department as the
program participant's address except if any of the following
apply:
(1) The State or local government entity has been
granted a waiver under section 5909 (relating to waiver
process).
(2) The program participant is any of the following:
(i) A released offender complying with the
requirements of the Pennsylvania Parole Board or a county
office of probation and parole.
(ii) A convicted sexual offender who has fulfilled
the offender's sentence, but is required to register the
offender's community residence as required under 42
Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders) or I (relating to continued
registration of sexual offenders) or any similar
registration requirement imposed by any other
jurisdiction.
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§ 5908. Disclosure of actual addresses.
The department may not disclose the actual address of a
program participant except to any of the following:
(1) A State or local government entity that has been
granted a waiver by the department if the disclosure is made
in accordance with section 5909 (relating to waiver process).
(2) A State or local government entity when disclosure
is determined by the department to be required due to an
emergency if the disclosure is made in accordance with
section 5910 (relating to emergency disclosure).
(3) A person identified in an order of court of
competent jurisdiction directing the department to disclose
the program participant's actual address if the disclosure is
made in accordance with the order.
§ 5909. Waiver process.
(a) Requests for waivers.--A State or local government
entity seeking the disclosure of a program participant's actual
address shall make the request in writing on the State or local
government entity's letterhead to the department and provide the
department with all of the following information:
(1) The name of the program participant.
(2) A statement explaining the reason why the State or
local government entity needs the program participant's
actual address and a statement that the State or local
government entity cannot meet its statutory or administrative
obligations without disclosure of the program participant's
actual address.
(3) A statement of facts showing that other methods to
locate the program participant or the program participant's
actual address have been tried and have failed or that the
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other methods reasonably appear to be unlikely to succeed.
(4) A statement that the State or local government
entity has adopted a procedure detailing the steps that the
State or local government entity will take to protect the
confidentiality of the program participant's actual address.
(b) Notice to program participants.--
(1) Except as provided under paragraph (3), the
department shall provide a program participant with notice of
a request for a waiver under subsection (a). To the extent
possible, the department shall afford the program participant
with an opportunity to be heard regarding the request.
(2) Except as provided in paragraph (3), the department
shall provide a program participant with a written
notification whenever a request for a waiver under subsection
(a) has been granted or denied under subsection (d).
(3) The department may not provide a program participant
with a notice or opportunity to be heard under paragraph (1)
or (2) when the request for disclosure is made by a law
enforcement agency conducting a criminal investigation
involving alleged criminal conduct by the program participant
or when providing notice to the program participant would
jeopardize an ongoing criminal investigation or the safety of
law enforcement agency personnel.
(c) Review of requests for waivers.--The department shall
promptly conduct a review of a request for a waiver under
subsection (a). In conducting the review, the department shall
consider all information received under subsections (a) and (b)
and any other appropriate information that the department deems
necessary.
(d) Criteria for granting waivers.--The department shall
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grant a State or local government entity's request for a waiver
under subsection (a) and release a program participant's actual
address if all of the following apply:
(1) The State or local government entity has a bona fide
statutory or administrative need for the actual address.
(2) The actual address will only be used for the purpose
stated in the request.
(3) Other methods to locate the program participant or
the program participant's actual address have been tried and
have failed or the other methods reasonably appear to be
unlikely to succeed.
(4) The State or local government entity has adopted a
procedure for protecting the confidentiality of the actual
address of the program participant.
(e) Forms of waivers.--Upon granting a request for waiver
under subsection (d), the department shall provide the State or
local government entity receiving the waiver with a form
containing all of the following:
(1) The program participant's actual address.
(2) A statement detailing the permitted use of the
actual address and the names or classes of persons permitted
to have access to and use of the actual address.
(3) A statement that the State or local government
entity is required to limit access to and use of the actual
address to the permitted use and persons specified under
paragraph (2).
(4) The date on which the waiver expires if the
permitted use makes the expiration appropriate. After the
expiration of the waiver, the State or local government
entity may not continue to maintain, use or have access to
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the actual address.
(f) State or local government entity requirements.--A State
or local government entity that is granted a request for a
waiver under subsection (d) shall comply with all of the
following:
(1) Limit the use of the program participant's actual
address to the purposes stated on the waiver.
(2) Limit access to the program participant's actual
address to the persons or classes of persons stated in the
waiver.
(3) Cease to use and dispose of the program
participant's actual address upon the expiration of the
waiver.
(4) Except as otherwise stated in the waiver, maintain
the confidentiality of the program participant's actual
address.
(g) Denial of requests for waivers.--Upon denial of a State
or local government entity's request for a waiver under
subsection (a), the department shall provide prompt written
notification of the denial to the State or local government
entity and state the specific reason for the denial.
(h) Filing of exceptions.--A State or local government
entity may file a written exception with the department no later
than 15 days after a written notification is provided under
subsection (g). In the written exception, the State or local
government entity shall restate the information contained in the
request for a waiver under subsection (a), state the grounds
upon which the State or local government entity asserts that the
request for a waiver should be granted and specifically respond
to the department's reason for denying the request for a waiver.
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(i) Review of exceptions and determination.--Unless the
State or local government entity agrees otherwise, the
department shall make a final determination regarding the
written exception under subsection (h) within 30 days after the
date of the filing. Before making a final determination
regarding the written exception, the department may request
additional information from the State or local government entity
or the program participant and conduct a hearing. If the final
determination of the department is that the denial under
subsection (g) is proper, the department shall provide the State
or local government entity with a written notification of the
final determination stating that the State or local government
entity request has again been denied and the specific reason for
the denial. If the final determination of the department is that
the denial of the State or local government entity request for
waiver has been improperly denied under subsection (g), the
department shall grant the State or local government entity
request for a waiver in accordance with this section. The final
determination of the department under this subsection shall be
the final order of the department.
(j) Appeal of final determinations.--Within 30 days after
notification that the department has made a final determination
affirming the denial of the State or local government entity's
request for a waiver under subsection (i), the State or local
government entity may appeal the final determination in
accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
review of Commonwealth agency action).
(k) Records on appeal.--The record before a court of
competent jurisdiction hearing an appeal under subsection (j)
shall consist of the State or local government entity's request
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for a waiver under subsection (a), the department's written
notification under subsections (g) and (i), the State or local
government entity's written exception under subsection (g), the
hearing transcript under subsection (g), if any, and the
department's final determination under subsection (i).
(l) Use of substitute addresses.--During a period of review
of a request for a waiver under subsection (a), including an
appeal under subsection (j), a State or local government entity
shall, to the extent possible, accept and use a program
participant's substitute address.
(m) Written consent.--Nothing in this section shall be
construed to prevent the department from granting a request for
a waiver under subsection (a) to a State or local government
entity upon receipt of a program participant's written consent
to grant the request.
§ 5910. Emergency disclosure.
(a) Establishment.--The department shall establish a system
to respond to a request for an emergency disclosure that will
provide for 24-hour access to a program participant's actual
address.
(b) Requests for emergency disclosures.--A State or local
government entity may request that the department disclose a
program participant's actual address through the system
established under subsection (a). The department shall disclose
the program participant's actual address if the disclosure:
(1) will prevent physical harm to the program
participant or the program participant's family member; or
(2) is made to a law enforcement agency for law
enforcement purposes and the circumstances warrant immediate
disclosure.
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(c) Requirements for emergency disclosures.--Before
disclosing a program participant's actual address under
subsection (b), the department shall require all of the
following:
(1) Verification of the requester's identity and the
requester's employment with a State or local government
entity.
(2) Verification of the stated reason for the request to
adequately ensure that emergency disclosure is necessary.
(3) Proof, to the satisfaction of the department, that
other methods to locate the program participant or the
program participant's actual address have been tried and have
failed or the other methods reasonably appear to be unlikely
to succeed given the circumstances of the stated reason for
the request.
(4) That the program participant's actual address only
be used by the requester or the State or local government
entity to the extent necessary to respond to the stated
reason for the request.
(5) That the requester and the State or local government
entity maintain the confidentiality of the actual address of
the program participant.
(6) That the requester and the State or local government
entity agree to dispose of the program participant's actual
address as soon as practicable after the circumstances
surrounding the stated reason for the request no longer
require an emergency disclosure.
§ 5911. Penalties.
(a) False information.--A person who knowingly provides
false information in regard to a material fact contained in an
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application made under section 5905 (relating to application and
certification process) shall be subject to termination from the
program and to criminal penalties under 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities).
(b) Access by fraud or misrepresentation.--
(1) Except as provided under paragraph (2), a person who
intentionally, knowingly or recklessly attempts to gain
access to or gains access to a program participant's actual
address by fraud or misrepresentation commits a misdemeanor
of the second degree. A second or subsequent violation of
this paragraph shall be graded as a felony of the third
degree.
(2) A first offense under paragraph (1) shall be graded
as a felony of the third degree if the offense is committed
by any person who has previously been convicted of a crime of
violence involving the program participant under paragraph
(1) or the program participant's family or household members
as defined in 23 Pa.C.S. § 6102 (relating to definitions),
including any of the following:
(i) 18 Pa.C.S. § 2701 (relating to simple assault).
(ii) 18 Pa.C.S. § 2702 (relating to aggravated
assault).
(iii) 18 Pa.C.S. § 2705 (relating to recklessly
endangering another person).
(iv) 18 Pa.C.S. § 2709 (relating to harassment).
(v) 18 Pa.C.S. § 2709.1 (relating to stalking).
(vi) 18 Pa.C.S. § 2718 (relating to strangulation).
(vii) 18 Pa.C.S. § 2901 (relating to kidnapping).
(viii) 18 Pa.C.S. § 3121 (relating to rape).
(ix) 18 Pa.C.S. § 3123 (relating to involuntary
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deviate sexual intercourse).
(x) 18 Pa.C.S. § 4954 (relating to protective
orders).
(xi) 23 Pa.C.S. § 6108 (relating to relief).
(c) Unauthorized disclosures or uses.--A person who lawfully
obtains a program participant's actual address due to a written
exception under section 5909(h) (relating to waiver process) and
who subsequently discloses or uses the actual address in a
manner not authorized by this chapter commits a summary offense.
§ 5912. Civil immunity.
Except for gross negligence, recklessness or intentional
misconduct, the department, a law enforcement agency or an
agent, contractor or employee of the department or the law
enforcement agency, shall be immune from civil liability in an
action arising in relation to the provisions of this chapter.
§ 5913. Guidelines and regulations.
(a) Guidelines.--The department shall adopt guidelines to
implement this chapter and submit the guidelines to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin. The guidelines
shall not be subject to any of the following:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
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the Regulatory Review Act.
(b) Regulations.--No later than July 1, 2025, the department
shall promulgate regulations to replace the guidelines under
subsection (a).
(c) Expiration.--The guidelines under subsection (a) shall
take effect 180 days after the date of publication in the
Pennsylvania Bulletin and shall expire on the date when the
regulations take effect under subsection (b), or July 1, 2026,
whichever is earlier.
Section 2. This act shall take effect in 60 days.
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