THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PIPPY, FOLMER, BROWNE, ERICKSON, RAFFERTY, BOSCOLA, PILEGGI, WOZNIAK, WAUGH, SOLOBAY AND COSTA, JANUARY 27, 2011

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY 27, 2011  

AN ACT

Regulating certain services provided by a nonresident physician.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Telemedicine

Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Licensed physician."  An individual who has acquired a

license to practice medicine under the act of October 5, 1978

(P.L.1109, No.261), known as the Osteopathic Medical Practice

Act, or the act of December 20, 1985 (P.L.457, No.112), known as

the Medical Practice Act of 1985 or the equivalent thereof in

another jurisdiction.

"Telemedicine."  The electronic transmission of medical data

between a physician located in this Commonwealth and a physician

located in another jurisdiction for purposes of interpretation,

consultation, diagnosis or treatment.

"Teleradiology."  The electronic transmission of radiological

images such as X-rays, CAT scans and similar images to allow

interpretation to be made at a remote site. The term does not

include consultation between a physician located in this

Commonwealth and a physician located in another jurisdiction for

which compensation is neither given nor expected.

Section 3.  Medical license requirement.

(a)  License.--An individual who practices medicine, whether

the person is located in this Commonwealth or another

jurisdiction and who uses telemedicine or teleradiology relating

to a patient in this Commonwealth must be a licensed physician.

(b)  Requirements.--An individual who becomes a licensed

physician in this Commonwealth in order to practice telemedicine

or teleradiology must meet all requirements applicable to

physicians in this Commonwealth.

Section 4.  Exceptions from licensure requirement.

Nothing in this act shall apply to the following health care

practitioners:

(1)  A medical specialist to whom the care of the patient

does not transfer and who provides consultation upon request

to a licensed physician in this Commonwealth.

(2)  A physician who provides consultation to a medical

school or residency training program.

Section 5.  Sanctions.

A person who violates the provisions of this act shall be

subject to criminal prosecution for the unlicensed practice of

medicine. A person who violates the provisions of this act shall

be subject to injunctions or other action authorized to prohibit

the continued practice of medicine without a license.

Section 6.  Effective date.

This act shall take effect in 60 days.