Bill Prohibits Forced Implantation: "The Pennsylvania House of Representatives on a 195-0 vote has passed legislation to mandate informed consent before an individual is implanted with an identification device. The legislation, H.B. 1175, now moves to the state Senate.
The bill defines an identification device as 'any item, application or product that is passively or actively capable of transmitting personal information, including, but not limited to, devices using radio frequency technology.'
VeriChip Corp., a Delray Beach, Fla.-based vendor of an implantable microchip to provide access to an individual's medical records, supports the bill. 'In general, we are supportive of legislation that prohibits forced implants,' said Scott Silverman, chair of VeriChip, in a statement. 'VeriChip, like any other medical device, should be an election by the patient or his or her physician, loved one or guardian.'
Under the legislation, 'no device shall be implanted or incorporated into the body without the fully informed written consent of the individual. The consent of a guardian, parent or attorney shall not constitute consent. An individual must be at least 18 years of age and of sound mind to undergo implementation of an identification device.'
That language would suggest such devices could not be used to track the whereabouts of persons with dementia.
The bill's provisions would not apply to individuals ordered by a state or federal court to be implanted as part of a sentence or condition for parole or release. It also would exempt military prisoners held at Guantanamo Bay.
The legislation authorizes civil penalties of up to $10,000 and gives victims the right to bring a civil suit.
Text of the bill is available at legis.state.pa.us. Under Find, click on Session Information. Under Bill Information, enter HB 1175. Then select Printer's No. 2239 for the House-passed version.
--Joseph Goedert"
