In rules of evidence, providing for protection of reproductive health services records.
Summary
SB 886 would add a new section to Pennsylvania’s rules of evidence to protect records and communications relating to reproductive health care services from disclosure in civil actions, preliminary hearings, and investigations or proceedings by district attorneys or agencies. The bill generally bars a covered entity from disclosing communications from a patient or information learned through personal examination about reproductive health care services unless the patient or authorized representative gives explicit written consent.
The bill defines reproductive health care services broadly to include medical, surgical, counseling, and referral services related to the human reproductive system, including pregnancy, contraception, and termination of pregnancy. It also requires covered entities to inform patients of their right to withhold consent, and it creates exceptions for disclosures authorized by court rules, for defense of claims against the covered entity, for certain Department of State investigations, and when child abuse, elder abuse, or abuse of a person with physical or intellectual disabilities is suspected in good faith.
Impact
SB 886 would create a new evidentiary and confidentiality protection in Title 42 of the Pennsylvania Consolidated Statutes, limiting when reproductive health records and related communications may be disclosed in legal and administrative proceedings. It would affect covered entities as defined by federal HIPAA regulations, as well as patients seeking reproductive health services, by giving patients stronger control over disclosure of sensitive medical information. The bill also preserves existing disclosure rules for other confidential communications and medical records, while carving out a specific protection against subpoenas for records relating to reproductive health care services.
Sentiment
No committee transcript or vote history is available for SB 886, so there is no recorded floor or committee sentiment to assess. Based on the bill’s sponsors and its subject matter, the measure appears to be framed as a privacy and patient-protection bill, with likely support from advocates for reproductive rights and medical confidentiality. The absence of recorded votes or discussion means there is no documented opposition or bipartisan reaction in the provided materials.
Contention
The main point of contention is likely to be the scope of the confidentiality protection, especially the bill’s application to subpoenas, civil proceedings, and investigations involving district attorneys or agencies. Another potential issue is the balance between patient privacy and exceptions for child abuse, elder abuse, disability abuse, and professional liability defense, which may draw differing views from privacy advocates, health care providers, prosecutors, and opponents of abortion-related protections. The bill’s inclusion of termination of pregnancy within protected reproductive health services may also be a focal point for debate.
Secures protections for patients and providers accessing and providing reproductive health care services; establishes right of residents to reproductive health care activity that is restricted in other states.
Secures protections for patients and providers accessing and providing reproductive health care services; establishes right of residents to reproductive health care activity that is restricted in other states.*