PRIOR PRINTER'S NO. 1018 PRINTER'S NO. 1551
No. 937 Session of 1997
INTRODUCED BY LEMMOND, AFFLERBACH, HELFRICK, GERLACH, BELL,
KUKOVICH, STOUT, MUSTO, RHOADES, KASUNIC AND THOMPSON,
APRIL 24, 1997
SENATOR TOMLINSON, COMMUNICATIONS AND HIGH TECHNOLOGY, AS
AMENDED, DECEMBER 10, 1997
AN ACT
1 Regulating certain services provided by a nonresident physician
2 or osteopath OSTEOPATHIC PHYSICIAN. <--
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Telemedicine
7 Act.
8 Section 2. Legislative findings and intent.
9 The General Assembly finds and declares as follows:
10 (1) That due to technological advances and changing
11 practice patterns, the practice of medicine is occurring with
12 increasing frequency across state lines, and that certain
13 technological advances in the practice of medicine are in the
14 public interest.
15 (2) That recent technological advances in electronic
16 data transmission have made it possible for nonresident
17 physicians and osteopaths OSTEOPATHIC PHYSICIANS, not <--
1 licensed in this Commonwealth, to render written or otherwise
2 documented opinions for patients residing in this
3 Commonwealth and that these opinions may directly affect
4 patient care.
5 (3) That the practice of medicine is a privilege and
6 that the licensure of practitioners outside this Commonwealth
7 engaging in such medical practice within this Commonwealth
8 and the ability to discipline such practitioners is both
9 necessary and desirable for the protection of the citizens of
10 this Commonwealth and for the public interest, health,
11 welfare and safety.
12 Section 3. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Board." The State Board of Medicine or the State Board of
17 Osteopathic Medicine.
18 "HEALING ARTS." THE SCIENCE AND SKILL OF DIAGNOSIS AND <--
19 TREATMENT IN ANY MANNER WHATSOEVER OF DISEASE OR ANY AILMENT OF
20 THE HUMAN BODY.
21 "HEALTH CARE PRACTITIONER." AN INDIVIDUAL, OTHER THAN A
22 PHYSICIAN ASSISTANT, WHO IS AUTHORIZED TO PRACTICE SOME
23 COMPONENT OF THE HEALING ARTS BY A LICENSE, PERMIT, CERTIFICATE
24 OR REGISTRATION ISSUED BY A LICENSING AGENCY OR BOARD OF THE
25 COMMONWEALTH OR ANY OTHER JURISDICTION.
26 "License." A license to practice medicine granted under this
27 act.
28 "Licensed practitioner." Any physician or osteopath licensed
29 to practice medicine in this Commonwealth.
30 "Practice of medicine." Includes any system, treatment, <--
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1 operation, diagnosis, prescription or technique used for the
2 ascertainment, cure, relief, palliation, adjustment or
3 correction of any human disease, ailment, deformity or injury.
4 "Practice of medicine across state lines." A physician
5 located outside of this Commonwealth rendering a written or
6 "MEDICINE AND SURGERY." THE ART AND SCIENCE OF WHICH THE <--
7 OBJECTIVES ARE THE CURE OF DISEASES AND THE PRESERVATION OF THE
8 HEALTH OF MAN, INCLUDING THE PRACTICE OF THE HEALING ARTS WITH
9 OR WITHOUT DRUGS, EXCEPT HEALING BY SPIRITUAL MEANS OR PRAYER.
10 "PHYSICIAN." AN INDIVIDUAL WHO HAS ACQUIRED ONE OF THE
11 FOLLOWING LICENSES OR THEIR EQUIVALENTS IN JURISDICTIONS OTHER
12 THAN THIS COMMONWEALTH TO PRACTICE MEDICINE AND SURGERY:
13 (1) LICENSE WITHOUT RESTRICTION.
14 (2) INTERIM LIMITED LICENSE.
15 (3) GRADUATE LICENSE.
16 (4) INSTITUTIONAL LICENSE.
17 (5) TEMPORARY LICENSE.
18 (6) EXTRATERRITORIAL LICENSE.
19 "PRACTICE OF MEDICINE ACROSS STATE LINES." A PHYSICIAN OR
20 OSTEOPATHIC PHYSICIAN LOCATED OR LICENSED, OR BOTH, OUTSIDE OF
21 THIS COMMONWEALTH RENDERING A WRITTEN OR otherwise documented
22 medical opinion concerning diagnosis or treatment of a patient
23 within this Commonwealth or for the purpose of such physician OR <--
24 OSTEOPATHIC PHYSICIAN rendering treatment to a patient within
25 this Commonwealth, as a result of transmission of individual
26 patient data, by electronic or other means, from within this
27 Commonwealth to a location outside this Commonwealth to such
28 physician or his or her agent. THE TERM DOES NOT INCLUDE <--
29 TELEPHONE CONSULTATIONS BETWEEN COMMONWEALTH PHYSICIANS AND
30 NONRESIDENT PHYSICIANS OR OSTEOPATHIC PHYSICIANS FOR WHICH
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1 COMPENSATION IS NEITHER GIVEN NOR EXPECTED.
2 "Telemedicine." The electronic transmission of medical data, <--
3 OTHER THAN THROUGH TELEPHONE CALLS FROM ONE PHYSICIAN TO
4 ANOTHER, from one location to another for the purposes of
5 interpretation or consultation.
6 "Teleradiology." The electronic transmission of radiological
7 images such as X-rays, CAT scans, etc., so that interpretation
8 of these images can be made at a remote site. THE TERM DOES NOT <--
9 INCLUDE CONSULTATIONS BETWEEN COMMONWEALTH PHYSICIANS AND
10 NONRESIDENT PHYSICIANS OR OSTEOPATHIC PHYSICIANS FOR WHICH
11 COMPENSATION IS NEITHER GIVEN NOR EXPECTED.
12 Section 4. License requirement.
13 (a) Licensure.--Any nonresident physician or osteopath <--
14 PHYSICIAN OR OSTEOPATHIC PHYSICIAN who is physically located in <--
15 AND/OR LICENSED BY another jurisdiction but who through the use <--
16 of electronic media TELEMEDICINE OR TELERADIOLOGY performs an <--
17 act that is part of a patient-care service initiated in this
18 Commonwealth and that would directly affect the diagnosis or
19 treatment of the patient is engaged in the practice of medicine
20 in this Commonwealth. This includes all forms of telemedicine, <--
21 including teleradiology.
22 (b) Regulation.--The nonresident physicians and osteopaths <--
23 OR OSTEOPATHIC PHYSICIANS who perform these services through <--
24 electronic media, since they are engaged in the practice of
25 medicine OR OSTEOPATHIC MEDICINE in this Commonwealth, are <--
26 subject to appropriate regulation by the board, including the
27 requirement to be licensed by the board. SHALL OBTAIN A LICENSE <--
28 WITHOUT RESTRICTION TO PRACTICE MEDICINE OR OSTEOPATHIC MEDICINE
29 IN THIS COMMONWEALTH AND SHALL BE SUBJECT TO THE SAME
30 REQUIREMENTS, INCLUDING REQUIREMENTS TO PURCHASE MALPRACTICE
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1 INSURANCE AND PARTICIPATE IN THE MEDICAL PROFESSIONAL
2 CATASTROPHE LOSS FUND, AS OTHER PHYSICIANS WITH FULL AND
3 UNRESTRICTED LICENSES PRACTICING IN THIS COMMONWEALTH.
4 Section 5. Exceptions.
5 This act shall not apply to:
6 (1) The acts of a medical specialist located in another <--
7 jurisdiction OR LICENSED, OR BOTH, OUTSIDE OF THIS <--
8 COMMONWEALTH who provides only episodic consultation on
9 request to a person licensed in this Commonwealth who <--
10 practices in the same medical specialty. REQUEST AND FOR <--
11 WHICH COMPENSATION IS NEITHER GIVEN NOR EXPECTED TO A PERSON
12 LICENSED IN THIS COMMONWEALTH.
13 (2) The acts of another physician located in another <--
14 jurisdiction OR OSTEOPATHIC PHYSICIAN LOCATED OR LICENSED, OR <--
15 BOTH, OUTSIDE OF THIS COMMONWEALTH who is providing
16 consultation to a medical school or residency training
17 program.
18 (3) Dentists who are duly qualified and registered under
19 the laws of this Commonwealth and who confine their practice
20 strictly to dentistry.
21 (4) Duly licensed optometrists who confine their
22 practice strictly to optometry as defined by law.
23 (5) Duly licensed chiropractors who confine their
24 practice strictly to chiropractic as defined by law.
25 (6) Duly licensed podiatrists who confine their practice
26 strictly to podiatry as defined by law.
27 (7) Duly licensed or certified psychologists who confine
28 their practice strictly to psychology as defined by law.
29 (8) Duly licensed physical therapists who confine their
30 activities or practice strictly to physical therapy and who
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1 are not in violation of any law relating to physical therapy
2 practice.
3 (9) Registered or professional nurses and licensed
4 vocational nurses registered or licensed under the laws of
5 this Commonwealth who confine their practice strictly within
6 the provisions of such applicable licensing acts and laws of
7 this Commonwealth.
8 (10) Commissioned or contract physicians and osteopaths <--
9 OSTEOPATHIC PHYSICIANS of the uniformed services of the <--
10 United States or in the Public Health Service in the
11 performance of their duties and not engaged in private
12 practice.
13 (11) Any person furnishing medical assistance in case of <--
14 an emergency or disaster situation if no charge is made for
15 the medical assistance.
16 (12) (11) A student in training in a medical school <--
17 while performing the duties assigned in the course of
18 training, provided the duties are performed under the
19 supervision of a licensed practitioner, except that medical
20 residents, interns and fellows shall be required to register
21 and be subject to the other applicable provisions of this
22 act.
23 (13) (12) A legally certified physician or osteopath <--
24 OSTEOPATHIC PHYSICIAN who is a resident of another state, <--
25 TERRITORY OR NATION who is in this Commonwealth solely for
26 consultation with licensed practitioners but who does not:
27 (i) have an office in this Commonwealth; or
28 (ii) appoint a place in this Commonwealth for
29 seeing, examining or treating patients.
30 (14) (13) Any other activities that the board may <--
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1 designate as exempt from the application of this act.
2 Section 6. Sanctions.
3 Any person who violates the provisions of this act is subject
4 to criminal prosecution for the unlicensed practice of medicine
5 and/or to injunctive or other action authorized in this
6 Commonwealth to prohibit continued practice without a license.
7 Section 7. Effective date.
8 This act shall take effect immediately.
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