PRIOR PRINTER'S NOS. 878, 1110, 1354, PRINTER'S NO. 2146
2056
No. 760 Session of 1973
INTRODUCED BY MESSRS. PIPER, WELLS, RIEGER, DORR, MRS. FAWCETT,
MESSRS. BENNETT, FEE, MRS. KELLY, MRS. TOLL, MESSRS. POLITE,
KLINGAMAN, MALADY, ZIMMERMAN, D. S. HAYES, ROWE, GRING, MRS.
CRAWFORD AND MR. GEISLER, APRIL 9, 1973
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 4, 1973
AN ACT
1 Relating to the right to practice medicine and surgery in the
2 Commonwealth of Pennsylvania; and establishing means and
3 methods whereby the right to practice medicine and surgery
4 and any of its branches and limited right to practice
5 medically related acts may be obtained, and exemptions
6 therefrom; imposing powers and duties on the State Board of
7 Medical Education and Licensure; providing for appropriation
8 of board fees to carry out the provisions thereof, and for
9 the granting, revocation and suspension of licenses;
10 providing penalties for violations; and making repeals.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short Title.--This act shall be known and may be
14 cited as "The Medical Practice Act of 1973."
15 Section 2. Definitions.--As used in this act, the following
16 terms shall have the following meanings ascribed to them in this
17 section unless the context clearly determines otherwise:
18 (1) "Board." The State Board of Medical Education and
19 Licensure, established by section 412 of the act of April 9,
20 1929 (P.L.177, No.175), known as "The Administrative Code of
1 1929," and its amendments.
2 (2) "Medical college." An institution of higher learning
3 which has been fully accredited by the Association of American
4 Medical Colleges, its successors or assigns, or the American
5 Medical Association, either directly or through their respective
6 accrediting bodies, as an agency to provide courses in the arts
7 and sciences of medicine and related subjects and empowered by
8 the Commonwealth to grant Academic Degrees in Medicine.
9 (3) "Medicine and surgery." The art and science having for
10 its object the cure of the diseases of and the preservation of
11 the health of man including all practice of the healing art with
12 or without drugs, except healing by spiritual means or prayer.
13 (4) "Physician." A person who has received formal and
14 recognized training in the art and science of medicine and is
15 qualified to seek or has acquired a license to practice medicine
16 and surgery.
17 (5) "Healing art." The science and skill of diagnosis and
18 treatment in any manner whatsoever of disease or any ailment of
19 the human body.
20 (6) "Intern" or "resident." A physician who is receiving
21 supervised graduate medical training at an approved hospital or
22 its legal affiliate.
23 (7) "Clinical clerk." An undergraduate student in a medical
24 college, who is assigned under the auspices of the school in
25 which he is currently enrolled to make notes upon patient
26 histories and physical examinations and to perform certain
27 procedures and laboratory tests for the sole purpose of
28 instruction and experience or who may make notes which become
29 official only when edited and countersigned by a member of the
30 hospital staff. Nothing contained in this act shall be construed
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1 to entitle a clinical clerk to practice medicine and surgery or
2 to prescribe drugs.
3 (8) "Hospital." An institution fully accredited by the
4 Joint Commission on Accreditation of Hospitals or licensed by
5 the Commonwealth of Pennsylvania to render health care.
6 (9) "Approved hospital." A hospital which has been approved
7 by the board for providing supervised graduate medical training.
8 (10) "Affiliate." A member of a group of two or more fully
9 accredited health care institutions legally united by an
10 agreement of affiliation, conceived to enhance the potential of
11 all participants in the provision of health care and medical
12 education. This affiliation shall have the approval of the
13 board.
14 Section 3. Practice of Medicine and Surgery without License
15 Prohibited; Penalties.--It shall be unlawful for any person in
16 the Commonwealth to engage in the practice of medicine and
17 surgery, or pretend to a knowledge of any branch or branches of
18 medicine and surgery, or to hold himself or herself forth as a
19 practitioner in medicine and surgery, or to assume the title of
20 doctor of medicine and surgery or doctor of any specific
21 disease, or to diagnose diseases, or to treat diseases by the
22 use of medicines and surgery as defined in clause (3) of section
23 2 of this act or by any other means, or to sign any death
24 certificate, unless otherwise authorized by law or to hold
25 himself or herself forth as able to do so, excepting those
26 hereinafter exempted, unless he or she has first fulfilled the
27 requirements of this act and has received a certificate of
28 licensure or permission from the board, which license shall be
29 properly recorded in the office of the board. THE ABORTING OF A <--
30 PREGNANCY SHALL BE CONSIDERED THE PRACTICE OF SURGERY. On first
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1 offense any person wilfully violating the provisions of this
2 section of this act shall, upon conviction, be guilty of a
3 misdemeanor and shall be subject to a fine of not more than one
4 thousand dollars ($1,000) or imprisonment for not more than six
5 months in the county prison, or both, at the discretion of the
6 court; and on each additional offense shall be subject to a fine
7 of not less than two thousand dollars ($2,000) and imprisonment
8 of not less than six months or more than one year, at the
9 discretion of the court. IN THE EVENT THE VIOLATION IS THE <--
10 ABORTING OF A PREGNANT WOMAN THE PERSON CONVICTED THEREOF SHALL
11 BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE OF NOT
12 LESS THAN FIVE THOUSAND DOLLARS ($5,000) AND IMPRISONMENT FOR
13 FIVE YEARS, OR BOTH.
14 Section 4. Acts and Services Performed by an Assistant to a
15 Physician.--The board shall have the power to adopt and revise
16 regulations governing allied medical personnel who assist
17 physicians if such allied medical personnel are not at the
18 effective date of this act otherwise controlled by law or
19 regulation. In the absence of standards established by the
20 board, nothing in this act shall be construed as to prohibit
21 services and acts rendered by a physician's technician,
22 assistant and/or other allied medical person if such services
23 and acts are rendered under the supervision, direction and/or
24 control of a licensed physician.
25 Section 5. The Board's Power to Grant License.--The board
26 may grant the following licenses:
27 (1) License. License for the practice of medicine and
28 surgery without restriction.
29 (2) Temporary License. A graduate of a medical school who
30 qualifies under section 7 of this act, may, on receiving his
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1 medical degree, apply to the board for a temporary license upon
2 presenting a completed application form issued by the board and
3 paying a reasonable registration fee in an amount as determined
4 from time to time by the board.
5 A temporary license shall be valid for twelve consecutive
6 months and shall be recognized only as conferring upon the
7 licensee the right to participate in approved graduate medical
8 training within the complex of the hospital to which he is
9 assigned. Temporary licenses will become null and void after
10 twelve months, at which time they shall be surrendered to the
11 board. The board may extend the validity of a temporary license
12 when such action is warranted.
13 (3) Limited License. A limited license may be granted by
14 the board to graduates of foreign medical schools who have
15 attained through professional growth and teaching experience the
16 true status of teacher, or its equivalent, for the purpose of
17 teaching and/or practicing medicine and surgery in one of the
18 medical schools, its affiliates or community hospitals within
19 the Commonwealth. Persons granted limited licenses who
20 subsequently desire to obtain a license for the practice of
21 medicine and surgery without restriction shall be required to
22 meet all of the standard requirements for such license as set
23 forth in this act.
24 (4) Midwifery, Physical Therapy and Drugless Therapy.
25 Nothing in this act shall be construed to preclude the board
26 from continuing to license, register and regulate persons
27 engaged in the practice of midwifery and/or physical therapy or
28 to register or regulate persons engaged in the practice of
29 drugless therapy in accordance with existing rules and
30 regulations lawfully promulgated by said board prior to the
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1 effective date of this act.
2 Section 6. Standards for Medical Training and Facilities.--
3 (a) The educational qualifications for acceptance as a
4 matriculant in a medical college incorporated within the
5 Commonwealth and the curricula and training to be offered by
6 such medical colleges shall meet the requirements set by the
7 board with advice and consultation with the appropriate
8 committees of the American Medical Association and the
9 Association of American Medical Colleges, or any other
10 accrediting body which from time to time may be recognized by
11 the board.
12 (b) It shall be the duty of the board, in its discretion,
13 periodically to ascertain the character of the instruction and
14 the facilities possessed by each of the medical colleges and
15 hospitals offering or desiring to offer medical training in
16 accordance with the requirements of this act. It shall further
17 be the duty of the board, by inspection and otherwise, to
18 ascertain the facilities and qualifications of medical
19 institutions, colleges, or hospitals, outside this Commonwealth,
20 whose graduates or trainees desire to obtain medical licensure
21 or graduate medical training in this Commonwealth.
22 (c) Any medical institutions empowered by the Commonwealth
23 to confer academic degrees in medicine which in the judgment of
24 the board fail to provide proper facilities, or to maintain the
25 minimum requirements for accreditation shall be duly notified of
26 such failure. Until such deficiencies are corrected, graduates
27 of such institutions shall be ineligible for licensure and/or
28 graduate medical training.
29 Section 7. Qualifications for License.--(a) A graduate of a
30 United States or Canadian medical college who seeks licensure by
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1 the board shall furnish the board with evidence, prior to any
2 examination, that he is of legal age, is of good moral
3 character, and is not addicted to the intemperate use of alcohol
4 or the habitual use of narcotics or other habit-forming drugs,
5 and that he has completed the educational requirements
6 prescribed by the board.
7 (b) Foreign medical school graduates, except graduates of
8 Canadian medical colleges, who seek licensure by the board,
9 shall in addition to the foregoing requirements present evidence
10 of certification by the Educational Council for Foreign Medical
11 Graduates, its successors or assigns.
12 (c) Each application to the board shall have attached
13 thereto the affidavit or affirmation of the applicant as to its
14 verity. Any applicant who knowingly or wilfully makes a false
15 statement of fact in his application shall be subject to
16 prosecution.
17 Section 8. Certification of Licenses.--The fact of licensure
18 to practice medicine and surgery in the Commonwealth shall be
19 certified to by the board to other jurisdictions upon formal
20 application and by payment by the licensee of a reasonable fee
21 in an amount as determined from time to time by the board
22 providing that the licensee at such time is in good standing.
23 Section 9. Meetings of the Board; Examinations.--(a) The
24 board shall hold two stated meetings each year at a place within
25 the Commonwealth as determined by the board for the transaction
26 of its business, and may hold special meetings upon giving due
27 notice thereof. The board shall hold at least two examinations
28 for applicants for licensure under clause (1) of section 5 of
29 this act each year.
30 (b) Such examinations conducted by the board shall be in the
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1 English language. Special examinations can be designated by the
2 board. The examinations shall be held at such times and places
3 as designated by the board.
4 (c) In case of failure at any such examination the applicant
5 shall have, after the expiration of six months and within two
6 years, the privilege of a second examination by the board. In
7 case of failure in a second examination the applicant must enter
8 de novo and only after a year of graduate study approved by the
9 board, and qualify under the conditions obtaining at the time of
10 his application.
11 (d) Applicants for a license to practice medicine and
12 surgery who have been successfully examined by any agency
13 considered competent by the board and who can, in addition,
14 present to the board satisfactory evidence of having in every
15 way fulfilled all the scholastic and other requirements of this
16 act and applicable regulations of the board, may, without
17 further examination, receive from the board, in its discretion,
18 a license conferring all the rights accorded by this act,
19 provided the applicant has paid a reasonable fee in an amount as
20 determined from time to time by the board, and further provided
21 that such applicant has not previously failed a licensing
22 examination given by the board.
23 (e) For the purpose of conducting all examinations the board
24 shall have the privilege of calling to its aid medical
25 consultants, who shall be compensated for their services at a
26 reasonable rate in an amount as determined from time to time by
27 the board in addition to all incurred expenses.
28 Section 10. Reciprocity or Endorsement.--Reciprocity or
29 endorsement may be established at the discretion of the board.
30 Section 11. Licenses; Exemptions, Non-resident
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1 Practitioners; Graduate Students; Biennial Registration.--(a)
2 All physicians who have complied with the requirements of the
3 board, and who shall have passed a final examination, and who
4 have otherwise complied with the provisions of this act, shall
5 receive from the Commissioner of Professional and Occupational
6 Affairs in the Department of State, acting for the board, a
7 license entitling them to the right to practice medicine and
8 surgery without restriction in this Commonwealth. Each such
9 license shall be duly recorded in the office of the board, in a
10 record to be properly kept for that purpose which shall be open
11 to public inspection; and a certified copy of said record shall
12 be received as evidence in all courts in this Commonwealth in
13 the trial of any case: Provided, That this section relating to
14 licenses to practice medicine and surgery shall not apply to
15 medical officers in the medical service of the Armed Forces of
16 the United States, or the United States Public Health Service,
17 or Veterans Administration, or physicians employed within
18 Federal services, while in discharge of their official duties;
19 or to any one who may be a duly licensed practitioner of
20 medicine in any state or commonwealth who may be called upon by
21 a licensed physician of this Commonwealth to consult with him in
22 a case under treatment; or to physicians of other jurisdictions
23 who are training for certification in special departments of
24 medicine and surgery under subsection (b) of this section; or
25 anyone while actually serving as a clinical clerk under the
26 supervision of the medical or surgical staff in any hospital.
27 Nothing contained in this section shall be construed to entitle
28 a clinical clerk to practice medicine and surgery or to
29 prescribe drugs: And provided further, That any duly licensed
30 physician residing in or maintaining his office of practice in
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1 any state near the boundary line between said state and this
2 Commonwealth whose practice extends into this Commonwealth shall
3 have the right to practice in this Commonwealth, at the
4 discretion of the board, provided he files with the secretary of
5 the board a certified copy of his license in the state where he
6 resides, and provided that the board of examiners of the
7 adjoining state reciprocates by extending the same privilege to
8 physicians in this Commonwealth when he shall receive from the
9 secretary of the board a license which shall be automatically
10 revoked if he changes his said residence or office of practice.
11 A record of all persons so licensed shall be kept in the office
12 of the board and shall have the standing before the law of any
13 other license issued by the board.
14 (b) Physicians who are legally authorized to practice
15 medicine and surgery in other states or territories of the
16 United States and the Dominion of Canada, and who apply for
17 training and certification in special departments of medicine
18 and surgery in institutions in this Commonwealth recognized by
19 the board with advice and consultation with the various
20 examining boards in medical specialties approved by the Council
21 on Medical Education of the American Medical Association as
22 proper for such training, shall receive a graduate certificate
23 that is limited to said training within the complex of the
24 hospital and/or its affiliates or community hospitals where he
25 is engaged in such training. This training experience shall not
26 be converted into a staff service. It shall be valid for one
27 year but may be renewed from year to year. Any person who has
28 been certified in a specialty discipline recognized by the
29 board, and who makes an application for licensure to practice
30 medicine and surgery without restriction in the Commonwealth,
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1 upon the payment of a reasonable fee as determined from time to
2 time by the board and at the discretion of the board may be
3 given a qualifying examination. Such examination shall emphasize
4 the subject matter of the specialty discipline for which the
5 applicant has been trained but may also include material from
6 the general field of medical science.
7 (c) It shall be the duty of all persons now or hereafter
8 licensed to practice medicine and surgery without restriction to
9 be registered with the board; and, thereafter, to register in
10 like manner at such intervals and by such methods as the board
11 shall determine by regulations; but in no case shall such
12 renewal period be longer than two years. The form and method of
13 such registration shall be determined by the board.
14 (d) Each person so registering with the board shall pay, for
15 each biennial registration, a reasonable fee as determined from
16 time to time by the board which fee shall accompany the
17 application for such registration.
18 (e) Upon receiving a proper application for such
19 registration accompanied by the fee above provided for, the
20 board shall issue its certificate of registration to the
21 applicant. Said certificate together with its renewals shall be
22 good and sufficient evidence of registration under the
23 provisions of this act.
24 Section 12. Violation of Act.--Any person, or the
25 responsible officer or employe of any corporation or
26 partnership, institution or association, violating any of the
27 provisions other than section 3 of this act shall upon summary
28 conviction be sentenced to pay a fine of not less than one
29 hundred dollars ($100) and not more than five hundred dollars
30 ($500).
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1 Section 13. Examination Fees.--The board shall have the
2 power to charge a reasonable fee for all examinations, as
3 determined from time to time by the board.
4 Section 14. Fees and Fines for Board.--All fees and fines
5 collected under the provisions of this act shall be paid into
6 the State Treasury for the use of the Commonwealth.
7 Section 15. Automatic Suspension.--A license issued under
8 this act shall automatically be suspended upon the legal
9 commitment to an institution of a licensee because of mental
10 incompetency from any cause upon filing with the board a
11 certified copy of such commitment. Restoration of such license
12 shall be made as hereinafter provided as in the case of
13 revocation or suspension of such license.
14 Section 16. Reasons for Refusal; Revocation or Suspension of
15 License.--(a) The board shall have authority to refuse, revoke
16 or suspend the license of a physician for any or all of the
17 following reasons:
18 (1) Failing to demonstrate the qualifications or standards
19 for a license contained in this act or regulations of the board.
20 (2) Making misleading, deceptive, untrue or fraudulent
21 representations in the practice of medicine; practicing fraud or
22 deceit in obtaining a license to practice medicine and surgery;
23 or making a false or deceptive biennial registration with the
24 board.
25 (3) Being convicted of a felony in the courts of this
26 Commonwealth or any other state, territory or country.
27 Conviction as used in this paragraph shall include a finding or
28 verdict of guilt, an admission of guilt or a plea of nolo
29 contendere.
30 (4) Having his license to practice medicine and surgery
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1 revoked or suspended or having other disciplinary action taken,
2 or his application for a license refused, revoked or suspended
3 by the proper licensing authority of another state, territory or
4 country.
5 (5) Being unable to practice medicine with reasonable skill
6 and safety to patients by reason of illness, drunkenness,
7 excessive use of drugs, narcotics, chemicals, or any other type
8 of material, or as a result of any mental or physical condition.
9 In enforcing this clause (5), the board shall, upon probable
10 cause, have authority to compel a physician to submit to a
11 mental or physical examination by physicians designated by it.
12 Failure of a physician to submit to such examination when
13 directed shall constitute an admission of the allegations
14 against him unless failure is due to circumstances beyond his
15 control, consequent upon which a default and final order may be
16 entered without the taking of testimony or presentation of
17 evidence. A physician affected under this paragraph shall at
18 reasonable intervals be afforded an opportunity to demonstrate
19 that he can resume a competent practice of medicine with
20 reasonable skill and safety to patients.
21 (6) Violating a lawful regulation promulgated by the board
22 or violating a lawful order of the board, previously entered by
23 the board in a disciplinary proceeding.
24 (7) Knowingly maintaining a professional connection or
25 association with any person who is in violation of this act or
26 regulations of the board or knowingly aiding, assisting,
27 procuring or advising any unlicensed person to practice medicine
28 contrary to this act, or regulations of the board.
29 (8) Being guilty of immoral or unprofessional conduct.
30 Unprofessional conduct shall include any departure from, or the
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1 failure to conform to, the minimal standards of acceptable and
2 prevailing medical practice, in which proceeding actual injury
3 to a patient need not be established.
4 (b) When the board finds that the license of any person may
5 be refused, revoked or suspended under the terms of subsection
6 (a) above, the board may:
7 (1) Deny the application for a license.
8 (2) Administer a public or private reprimand.
9 (3) Revoke, suspend, limit, or otherwise restrict a license
10 as determined by the board.
11 (4) Require a licensee to submit to the care, counseling, or
12 treatment of a physician or physicians designated by the board.
13 (5) Suspend enforcement of its finding thereof and place a
14 licensee on probation with the right to vacate the probationary
15 order for noncompliance.
16 (6) Restore or reissue, in its discretion, a license to
17 practice medicine and surgery, and may impose any disciplinary
18 or corrective measure which it might originally have imposed.
19 (c) All actions of the board shall be taken subject to the
20 right of notice, hearing and adjudication and the right of
21 appeal therefrom in accordance with the provisions of the act of
22 June 4, 1945 (P.L.1388, No.442), known as the "Administrative
23 Agency Law."
24 Section 17. Regulatory Powers of the Board.--The board in
25 the exercise of its duties under this act shall have the power
26 to adopt and revise such regulations as are reasonably necessary
27 to carry out the purposes of this act in conformity with the
28 provisions of the act of July 31, 1968 (P.L.769, No.240), known
29 as the "Commonwealth Documents Law."
30 Section 18. Applicability of Act.--(a) The provisions of
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1 this act shall not apply either directly or indirectly, by
2 intent or purpose, to affect the practice of:
3 (1) Pharmacy as authorized by the acts approved April 14,
4 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
5 Device and Cosmetic Act," and September 27, 1961 (P.L.1700,
6 No.699), known as the "Pharmacy Act."
7 (2) Dentistry as authorized by the act approved May 1, 1933
8 (P.L.216, No.76), known as "The Dental Law."
9 (3) Optometry, as authorized by the act approved March 30,
10 1917 (P.L.21, No.10), entitled, "An act defining optometry; and
11 relating to the right to practice optometry in the Commonwealth
12 of Pennsylvania, and making certain exceptions; and providing a
13 Board of Optometrical Education, Examination, and Licensure, and
14 means and methods whereby the right to practice optometry may be
15 obtained; and providing for the means to carry out the
16 provisions of this act; and providing for revocation or
17 suspension of licenses given by said board, and providing
18 penalties for violations thereof; and repealing all acts or
19 parts of acts inconsistent therewith."
20 (4) Chiropractic, as authorized by the act of August 10,
21 1951 (P.L.1182, No.264), known as the "Chiropractic Registration
22 Act of 1951."
23 (5) Podiatry, as authorized by the act of March 2, 1956
24 (P.L.1206, No.375), known as the "Podiatry Act of 1956."
25 (6) Osteopathy, as authorized by the act of March 19, 1909
26 (P.L.46, No.29), entitled, as amended, "An act to regulate the
27 practice of osteopathy and surgery in the State of Pennsylvania;
28 to provide for the establishment of a State Board of Osteopathic
29 Examiners; to define the powers and duties of said Board of
30 Osteopathic Examiners; to provide for the examining and
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1 licensing of osteopathic physicians and surgeons in this State;
2 and to provide penalties for the violation of this act."
3 (7) Professional Nursing, as authorized by the act of May
4 22, 1951 (P.L.317, No.69), known as "The Professional Nursing
5 Law."
6 (b) This act shall not be construed so as to give the Board
7 of Medical Education and Licensure any jurisdiction over any of
8 the schools or colleges of the methods exempted in this section.
9 Section 19. Specific Repeals.--(a) The act of June 3, 1911
10 (P.L.639, No.246), known as the "Medical Practice Act," is
11 repealed absolutely.
12 (b) All other acts and parts of acts inconsistent herewith
13 are repealed to the extent of such inconsistency.
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