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CHAPTER 6-1500. PROTECTION OF REPRODUCTIVE HEALTHCARE 178

 

Notes

178
   Added, Bill No. 220665-A (approved January 16, 2023).
§ 6-1501. Definitions.
   The following definitions shall apply to this Chapter:
   (1)   In addition to definitions set forth in Sections 1-103 and 6-102 of the Code, the definitions set forth in Section 6-1401 of the Code shall apply to this Chapter.
   (2)   Abusive Litigant. A person who voluntarily initiates or intervenes in abusive litigation.
   (3)   Abusive Litigation. Litigation or other legal action, whether civil or criminal in nature, that is intended to deter, prevent, sanction or punish any person providing or obtaining reproductive healthcare, or assisting another to receive or provide reproductive healthcare by: (i) filing or prosecuting any action where liability, in whole or in part, is based on reproductive healthcare that occurred in Philadelphia, was provided in Philadelphia, or was intended to be obtained or provided in Philadelphia, including any action in which liability is based on any theory of vicarious, joint or several liability derived therefrom; or (ii) attempting to enforce any order or judgment issued in connection with any action described in subsection (3)(i) against a Philadelphia protected party.
   (4)   Contraception. Any medication, device, procedure or practice designed or employed to prevent pregnancy, the use of which is lawful in the City of Philadelphia.
   (5)   Philadelphia Protected Party. A Philadelphia reproductive healthcare patient, a Philadelphia reproductive healthcare provider, or a Philadelphia reproductive healthcare helper.
   (6)   Philadelphia Reproductive Healthcare Patient. Any individual who has received, or who is seeking or receiving, reproductive healthcare in Philadelphia.
   (7)   Philadelphia Reproductive Healthcare Provider. A healthcare provider who provides reproductive healthcare in Philadelphia.
   (8)   Philadelphia Reproductive Healthcare Helper. A person who facilitates or otherwise has supported or is supporting a Philadelphia Reproductive Healthcare Patient in seeking or receiving reproductive healthcare in Philadelphia, including but not limited to, a person who provides funding, lodging, transportation, doula services, information, or other financial or practical support to an individual seeking reproductive healthcare.
   (9)   Reproductive Healthcare. All medical, surgical, counseling or referral services that are lawful in Pennsylvania or the receipt of products relating to the human reproductive system that is lawful in Pennsylvania, including but not limited to, services or products relating to the use or intended use of a particular medicine or device, medical service or procedure, practice or similar intervention related to the human reproductive system, including, but not limited to, fertility-related medical procedures or medicines; sexually transmitted disease prevention, testing, or treatment; gender affirming care, or family planning services and counseling, such as those related to birth control medication or supplies, other contraception methods, sterilization procedures, pregnancy testing, or the intended or actual initiation or termination of a pregnancy.
   (10)   Take Part in Abusive Litigation. Voluntarily engages in abusive litigation without legal compulsion in a manner that is intended to deter, prevent, sanction or punish a Philadelphia protected party for such party's connection to reproductive healthcare in Philadelphia.
   (11)   Wrongful Action. The procurement, initiation or continuation of abusive litigation that causes harm to a Philadelphia protected party where:
      (a)   A Philadelphia court definitively concludes that the abusive litigation is plainly baseless as a matter of law.
      (b)   The abusive litigation at issue was voluntarily withdrawn or dismissed and there was no objective basis to conclude the abusive litigation would result in an enforceable judgment against the Philadelphia protected party;
      (c)   The abusive litigation was dismissed by a court and there was no objective basis to conclude the abusive litigation would result in an enforceable judgment against the Philadelphia protected party;
      (d)   An abusive litigant has obtained a judgment in a foreign state through abusive litigation and sought to enforce such judgment in Pennsylvania but enforcement has been refused because the judgment is penal in nature or proscribes future conduct, the original court lacked jurisdiction, or the court has otherwise recognized an exception to recognition of such judgment, and there was no objective basis to conclude the judgment would be enforceable against the Philadelphia protected party in Pennsylvania; or
      (e)   An abusive litigant has collected on a judgment obtained through abusive litigation predicated, in whole or in material part, on conduct that occurred in Philadelphia and that was lawful in Pennsylvania at the time it took place; there is no comparable cause of action or liability under Pennsylvania law; and there is no law or legal principle that prevents the recoupment of damages for the harm caused to the Philadelphia protected party aggrieved by such abusive litigation.
§ 6-1502. Wrongful Interference with Reproductive Health Decisions.
   No person shall take part in abusive litigation against any Philadelphia reproductive healthcare patient, that such person knows or should know will constitute a wrongful action where liability, in whole or in part, is based on a Philadelphia reproductive healthcare patient seeking or receiving reproductive healthcare in Philadelphia that are lawful in Pennsylvania.
§ 6-1503. Wrongful Interference with Provision of Reproductive Healthcare.
   (1)   Except as provided in subsection (2) below, no person shall take part in abusive litigation against any Philadelphia reproductive healthcare provider or Philadelphia reproductive healthcare helper that such person knows or should know will constitute a wrongful action where liability, in whole or in part, is related to the alleged provision of, the alleged seeking of, or an individual allegedly receiving reproductive healthcare in Philadelphia; or the alleged aiding or assisting in the provision, seeking, or receipt of reproductive healthcare in Philadelphia that are lawful in Pennsylvania.
   (2)   The provisions of this Section 6-1503 shall not apply to:
      (a)   a tort, contract, or statute-based litigation, if a similar claim would exist under Pennsylvania law if brought by the patient who received the reproductive healthcare service on which the original lawsuit was based, or if brought by the patient's authorized legal representative, for damages suffered from harm to the patient or an individual's loss of consortium with the patient; or
      (b)   a breach of contract litigation, if a similar claim would exist under Pennsylvania law if brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the action in another state.
§ 6-1504. Private Right of Action.
   This Chapter shall be enforced exclusively through a private right of action. Any person aggrieved by a wrongful action in violation of Section 6-1502 or Section 6-1503 may bring a civil action in a court of competent jurisdiction against an abusive litigant and may recover, for each violation:
   (1)   Actual damages created by the wrongful action, including money damages in the amount of any judgment awarded in such wrongful action; and reasonable attorney's fees and costs incurred to defend against such wrongful action, whether or not a judgment was awarded.
   (2)   Reasonable attorney's fees and costs incurred to bring an action for a violation of this Section.
   (3)   Any other legal or equitable relief as the court may determine appropriate to remedy the violation.
§ 6-1505. Limitations and Severability.
   (1)   Nothing in this Chapter applies to a lawsuit brought in another jurisdiction where no part of the acts that formed the basis for liability occurred in Philadelphia or application of this Chapter would result in the extraterritorial application of the Chapter in a manner that is not incidental. Nor does this Chapter limit the rights of an aggrieved person to recover damages or seek legal protection under any other applicable law or legal theory.
   (2)   The provisions of this Chapter shall be interpreted consistently with the United States Constitution and other applicable law and shall not unlawfully prohibit constitutionally protected activity.
   (3)   Nothing in this Chapter limits the rights of an aggrieved person to recover damages or seek legal protection under any other applicable law or legal theory.
   (4)   Severability. If any paragraph, subsection, clause, provision, or exception of this Chapter shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Chapter as a whole or any part thereof. It is the intention of City Council that the remainder of this Chapter would have been adopted as if such invalid paragraph, subsection, clause, provision, or exception had not been enacted.