PRINTER'S NO. 561
No. 504 Session of 1991
INTRODUCED BY DeLUCA, SALOOM, ROBINSON, DALEY, WILLIAMS, TRELLO, KOSINSKI, RICHARDSON, VEON, JAMES AND BISHOP, MARCH 11, 1991
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 11, 1991
AN ACT 1 Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An 2 act relating to health care; prescribing the powers and 3 duties of the Department of Health; establishing and 4 providing the powers and duties of the State Health 5 Coordinating Council, health systems agencies and Health Care 6 Policy Board in the Department of Health, and State Health 7 Facility Hearing Board in the Department of Justice; 8 providing for certification of need of health care providers 9 and prescribing penalties," reducing the time permitted for 10 hospitals to report official actions taken against a 11 physician; and broadening the reporting procedures of 12 hospitals and health care agencies. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 806.1 of the act of July 19, 1979 16 (P.L.130, No.48), known as the Health Care Facilities Act, added 17 July 10, 1985 (P.L.191, No.48), is amended to read: 18 Section 806.1. Reporting incidents of professional misconduct. 19 (a) Reports required.--Health care facilities and hospitals, 20 licensed under this act, shall make a report or cause a report 21 to be made to the State Board of [Medical Education and 22 Licensure] Medicine or the State Board of Osteopathic 23 [Examiners] Medicine, whichever is applicable, within [60] 30
1 days of the occurrence of any of the following: 2 (1) The termination or curtailment of the employment, 3 association or professional privileges of a physician, 4 licensed under the provisions of the [act of July 20, 1974 5 (P.L.551, No.190), known as the "Medical Practice Act of 6 1974," or the] act of October 5, 1978 (P.L.1109, No.261), 7 known as the "Osteopathic Medical Practice Act," or the act 8 of December 20, 1985 (P.L.457, No.112), known as the "Medical 9 Practice Act of 1985," whichever the case may be, with a 10 health care facility or hospital where there exists 11 reasonable cause to believe malpractice or misconduct has 12 occurred. 13 (2) The resignation or withdrawal of association or of 14 privileges with a facility or hospital to avoid the 15 imposition of disciplinary measures. 16 (3) The receipt of written information which establishes 17 that any physician who has a right to practice or who has 18 applied to practice at the health care facility or hospital 19 has been convicted of a felony[.] or drug and alcohol related 20 offense. 21 (4) Any officially documented reprimand which a hospital 22 or other health care facility administers to a physician, 23 under a due process peer review system. Such official 24 reprimands shall include but not be limited to, any action 25 which results in a loss of a physician's professional or 26 occupational privileges at the hospital or other health care 27 facility and may include, but not be limited to, dismissals, 28 forced resignations, suspensions and probationary terms. 29 (5) The receipt of any written information that a 30 physician has had privileges restricted or has been 19910H0504B0561 - 2 -
1 dismissed, forced to resign or has been suspended from any 2 professional association or organization. 3 (b) Contents.--Reports made pursuant to this section shall 4 be made in writing to the State Board of [Medical Education and 5 Licensure] Medicine or the State Board of Osteopathic 6 [Examiners] Medicine, whichever is appropriate, with respect to 7 any physician as licensed under acts referred to in subsection 8 (a). Written reports shall include the following information: 9 name, address, profession and license number of the person 10 involved, a description of the action taken by the facility or 11 hospital, including the reason therefor and date thereof, or the 12 nature of the action or conduct which led to the resignation or 13 withdrawal and the date thereof, any conviction of a felony of 14 which the facility or hospital has received the written 15 information required by subsection (a)(3) and such other 16 information as the Department of State may require. 17 (c) Confidentiality.-- 18 (1) Any report or information furnished to the boards in 19 question, in accordance with the provisions of this section, 20 shall be deemed a confidential communication and shall not be 21 subject to inspection or disclosure, in any manner, except 22 upon formal written request by a duly authorized public 23 agency or pursuant to a judicial subpoena issued in a pending 24 action or proceeding. 25 (2) Any person, facility or corporation which makes a 26 report pursuant to this section in good faith and without 27 malice shall have immunity from any liability, civil or 28 criminal, for having made such a report. For the purpose of 29 any proceeding, civil or criminal, the good faith of any 30 person required to make a report shall be presumed. 19910H0504B0561 - 3 -
1 (d) Penalties, recordkeeping; notice.--Any hospital or other 2 health care facility which fails to report the information 3 required by this section shall be fined an amount not to exceed 4 $10,000. The State Board of Medicine and the State Board of 5 Osteopathic Medicine shall compile all reports received from 6 hospitals or other health care facilities and keep such records 7 on file for future reference. The State Board of Medicine and 8 the State Board of Osteopathic Medicine shall make public all 9 final actions against a physician and the result of such 10 actions, including dismissals, forced resignations, suspensions 11 and all other official reprimands taken against the privileges 12 of the physician which are in effect for more than ten days. 13 Notice of enforcement undertaken pursuant to the provisions of 14 this act shall be forwarded to the Health Care Cost Containment 15 Council. All hospitals and health care facilities shall keep 16 records of all investigations and inquiries by peer review 17 committees concerning abuse by a physician or physicians. Such 18 records shall be kept regardless of the outcome of the 19 investigations or inquiries and made available upon request by 20 the State Board of Medicine and the State Board of Osteopathic 21 Medicine. 22 Section 2. This act shall take effect in 60 days. A30L35JLW/19910H0504B0561 - 4 -