The following definitions 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.