PRINTER'S NO. 1293
No. 1102 Session of 2003
INTRODUCED BY DeLUCA, BELFANTI, BROWNE, COSTA, COY, FABRIZIO,
FRANKEL, GERGELY, GOODMAN, HARHAI, HERSHEY, HORSEY, JOSEPHS,
KIRKLAND, LEVDANSKY, MANN, McILHATTAN, MELIO, PISTELLA,
PRESTON, ROEBUCK, ROONEY, RUFFING, SHANER, SOLOBAY, STABACK,
SURRA, TANGRETTI, E. Z. TAYLOR, THOMAS, WALKO, WASHINGTON AND
YOUNGBLOOD, APRIL 8, 2003
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 8, 2003
AN ACT
1 Amending the act of October 5, 1978 (P.L.1109, No.261), entitled
2 "An act requiring the licensing of practitioners of
3 osteopathic medicine and surgery; regulating their practice;
4 providing for certain funds and penalties for violations and
5 repeals," defining "publicly funded health care program"; and
6 further providing for temporary and automatic suspension and
7 for reinstatement of license, certificate or registration.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2 of the act of October 5, 1978
11 (P.L.1109, No.261), known as the Osteopathic Medical Practice
12 Act, is amended by adding a definition to read:
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have, unless the context clearly indicates otherwise, the
16 meanings given to them in this section:
17 * * *
18 "Publicly funded health care program." Care or services
1 rendered by a government entity or any facility thereof or
2 health care services for which payment is made directly or
3 indirectly by a government entity, including, but not limited
4 to, Medicare and medical assistance, or by their fiscal
5 intermediary.
6 * * *
7 Section 2. Section 14(b) of the act, amended July 2, 1993
8 (P.L.418, No.59), is amended to read:
9 Section 14. Temporary and automatic suspension.
10 * * *
11 (b) A license or certificate issued under this act shall
12 automatically be suspended upon [the]:
13 (1) The commitment to an institution of a licensee
14 because of mental incompetency from any cause upon filing
15 with the board a certified copy of such commitment,
16 conviction of a felony under the act of April 14, 1972
17 (P.L.233, No.64), known as "The Controlled Substance, Drug,
18 Device and Cosmetic Act," or conviction of an offense under
19 the laws of another jurisdiction, which, if committed in
20 Pennsylvania, would be a felony under "The Controlled
21 Substance, Drug, Device and Cosmetic Act."
22 (2) A felony conviction of a licensee or certificate
23 holder when the conviction is of insurance fraud in
24 connection with a publicly funded health care program.
25 (c) As used in this section the term "conviction" shall
26 include a judgment, an admission of guilt or a plea of nolo
27 contendere. Automatic suspension under this section shall not be
28 stayed pending any appeal of a conviction. Restoration of such
29 license or certificate shall be made as in the case of
30 revocation or suspension of license or certificate.
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1 Section 3. Section 14.1 of the act, added December 20, 1985
2 (P.L.398, No.108), is amended to read:
3 Section 14.1. Reinstatement of license, certificate or
4 registration.
5 (a) Unless ordered to do so by Commonwealth Court or an
6 appeal therefrom, the board shall not reinstate the license,
7 certificate or registration of a person to practice osteopathic
8 medicine pursuant to this act which has been revoked. [Any]
9 Except as provided in subsection (b), any person whose license,
10 certificate or registration has been revoked may apply for
11 reinstatement after a period of at least five years, but must
12 meet all of the licensing qualifications of this act for the
13 license applied for, to include the examination requirement, if
14 he or she desires to practice at any time after such revocation.
15 (b) Any person whose license, certificate or registration
16 has been suspended because of a felony conviction of insurance
17 fraud in connection with a publicly funded health care program
18 may apply for reinstatement after a period of at least three
19 years has elapsed from the date of conviction. The board may
20 reinstate the license, certificate or registration if the board
21 is satisfied that reinstatement should not be expected to create
22 a substantial risk of further criminal violations and if the
23 person meets all other licensing qualifications of this act,
24 including the examination requirement.
25 Section 4. This act shall take effect in 60 days.
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