Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 51 - DISCRIMINATION WITH RESPECT TO ABORTION AND STERILIZATION › GENERAL PROVISIONS › Section 51.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Abortion
-The termination of human
						pregnancy with an intention other than to produce a live birth or to remove a
						dead fetus.
Act
-The Pennsylvania Human Relations Act
						(43
						P. S. §§
												951-963).
Commission
-The Pennsylvania Human
						Relations Commission.
Moral, religious, or professional
						grounds
-The deeply held beliefs, ethical rules and standards of
						conduct and practice of a person which impose a duty of conscience concerning
						the performance of or participation in abortion or sterilization procedures.
						Professional grounds include judgments of a medical nature regarding the
						performance of or participation in abortion or sterilization procedures.
Public hospital or public health care
						facility
-A hospital or health care facility whose funding, financing,
						organization, administration, operations, policies or location have imbued it
						with State action, including but not limited to the following:
(i) Nonproprietary municipal and county
					 hospitals and health care facilities that are community controlled, for
					 example, Philadelphia General Hospital.
(ii) Hospitals and health care facilities
					 controlled by the State related universities of the Commonwealth-Temple
					 University, the University of Pennsylvania, the University of Pittsburgh and
					 Pennsylvania State University.
(iii) Medical facilities controlled by any
					 Commonwealth-owned institution of higher learning that perform gynecological
					 surgery.
(iv) State General
					 Hospitals that are regulated by sections 321-323 of the act of June 13, 1967
					 (P. L. 31, No. 21) (62 P. S. §§
												321-323). Absent the existence of the indicia
					 of State action, denominational hospitals and health care facilities will be
					 deemed to be nonpublic. Neither will an otherwise private hospital or health
					 care facility be deemed to be public merely through the receipt of Federal
					 funds under either the Hill-Burton Act (
					 42 U.S.C.A. §
												291
et seq.
) or Title XVIII
					 or Title XIX of the Social Security Act (
					 42 U.S.C.A. §§
												1395
et seq.
and 1396
et seq.
). Receipt of such funds, however, along with other
					 indicia of state action may establish that such facility is a public hospital
					 or public health care facility. The definitions of a "public hospital or public
					 health care facility," and of a "place of public accommodation, resort or
					 amusement," contained in section 4(1) of the act (43 P. S. §
												954(1)), are independent of
					 and have no effect upon each other.
Separate clinic of a health care
						facility
-Any area of a hospital or health care facility designated or
						made available by the governing or administrative body of such facility for the
						performance of abortion, sterilization, or related procedures.
Stated ethical policy
-A written
						statement, declaration, or resolution with respect to abortion or sterilization
						based upon moral judgments or standards of conduct and practice to be followed
						in the provision of health care services by a hospital or other health care
						facility.
Sterilization
-The interruption and
						termination of the reproductive capabilities of a person with the intention of
						making that person incapable of the reproduction of human
						life.
This section cited in 28 Pa. Code §
													101.164 (relating to civil rights
						  compliance records).