§ 117.57. Religious and moral exemptions.

 In accordance with section 902(a) of the act (35 P. S. §  448.902(a)), a hospital is not required to comply with §  117.53(3) (relating to emergency contraception) if compliance would be contrary to the stated religious or moral beliefs of the hospital. If the hospital does not provide emergency contraception under this religious and moral exemption, the hospital shall do the following:

   (1)  Notify the Department within 30 days of the hospital’s decision not to provide emergency contraception.

     (i)   The hospital shall address and send the written notice to the Division of Acute and Ambulatory Care.

     (ii)   The Department will annually publish a list of hospitals in the Pennsylvania Bulletin that have chosen not to provide emergency contraception under this section.

   (2)  Notify the law enforcement agencies that may transport or refer a sexual assault victim to the hospital that the hospital has elected not to provide emergency contraception. The written notice to law enforcement agencies shall be sent no later than 30 days after the hospital’s decision not to provide those services.

   (3)  Notify the ambulance and emergency medical care and transport services that may transport or refer a sexual assault victim to the hospital that the hospital has elected not to provide emergency contraception. The written notice to ambulance and emergency medical transport and care services shall be sent no later than 30 days after the hospital’s decision not to provide those services.

   (4)  Provide individual oral and written notice to the sexual assault victim that emergency contraception is not provided at the hospital due to the stated religious or moral beliefs of the hospital.

   (5)  Provide oral and written notice to the victim of the hospital’s obligation to arrange for transportation for the victim in accordance with paragraph (6). Notice shall also be prominently displayed in the hospital’s emergency service area.

   (6)  Upon request of the victim, arrange for immediate transportation for the victim, at no cost to the victim, to the closest hospital where a victim could obtain emergency contraception. If the victim’s medical condition does not require further inpatient hospital services, the hospital may arrange to transport the victim to a rural health clinic, Federally-qualified health center, pharmacy or other similar location where a victim could obtain emergency contraception.

Authority

   The provisions of this §  117.57 amended under sections 102, 201(12), 801.1 and 803(2) of the Health Care Facilities Act (35 P. S. § §  448.102, 448.201(12), 448.801a and 448.803(2)); and under section 2102(a) and (g) of The Administrative Code of 1929 (71 P. S. §  532(a) and (g)).

Source

   The provisions of this §  117.57 adopted January 25, 2008, effective January 26, 2008, 38 Pa.B. 573.

Cross References

   This section cited in 28 Pa. Code §  117.51 (relating to scope); and 28 Pa. Code §  117.53 (relating to emergency contraception).



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