HOUSE AMENDED
PRIOR PRINTER'S NO. 960 PRINTER'S NO. 1952
No. 803 Session of 1987
INTRODUCED BY AFFLERBACH, BELL, SALVATORE, ANDREZESKI, BODACK,
HANKINS, SHUMAKER, REIBMAN, MOORE AND REGOLI, MAY 11, 1987
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 13, 1988
AN ACT
1 Providing for certain disclosures by practitioners of the
2 healing arts when making patient referrals; PROVIDING <--
3 PENALTIES; AND CONFERRING POWERS AND DUTIES ON THE SEVERAL
4 LICENSING BOARDS IN THE BUREAU OF PROFESSIONAL AND
5 OCCUPATIONAL AFFAIRS.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "BUREAU." THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL <--
13 AFFAIRS IN THE DEPARTMENT OF STATE.
14 "Practitioner of the healing arts." Any person who engages
15 in the diagnosis or treatment of disease or any ailment of the
16 human body.
17 Section 2. Disclosure of interest in referral facilities.
18 (A) GENERAL RULE.--Any practitioner of the healing arts <--
1 shall, prior to referral of a patient to any facility or entity
2 engaged in providing health-related services, tests,
3 pharmaceuticals, appliances or devices, disclose to the patient
4 any financial interest of the practitioner or ownership by the
5 practitioner in the facility or entity. In making any referral,
6 the practitioner of the healing arts may render any
7 recommendations he considers appropriate, but shall advise the
8 patient of his freedom of choice in the selection of a facility
9 or entity. Any person who violates the provisions of this <--
10 section commits a misdemeanor of the third degree.
11 Section 3. Effective date.
12 This act shall take effect in 60 days.
13 (B) PENALTY.--A PERSON WHO VIOLATES THIS SECTION SHALL BE <--
14 LIABLE TO THE COMMONWEALTH FOR A CIVIL PENALTY NOT TO EXCEED
15 $1,000.
16 (C) ENFORCEMENT.--THE LICENSING BOARDS IN THE BUREAU SHALL
17 ENFORCE THIS SECTION.
18 SECTION 3. NOTICE.
19 THE LICENSING BOARDS IN THE BUREAU SHALL NOTIFY LICENSEES OF
20 THE PROVISIONS OF THIS ACT BY PUBLICATION OF A NOTICE IN THE
21 PENNSYLVANIA BULLETIN.
22 SECTION 4. EFFECTIVE DATE.
23 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
24 (1) SECTION 3 AND THIS SECTION SHALL TAKE EFFECT
25 IMMEDIATELY.
26 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
27 DAYS.
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