AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, adding and changing
3definitions; further providing for the unified judicial
4system; establishing the appellate division of Medical
5Professional Liability Court; further providing for transfers
6between intermediate appellate courts, for lien of judgments
7for money, for direct appeals to the Supreme Court from
8courts of common pleas, for allowance of appeals from
9Superior and Commonwealth Courts, for appeals to Superior
10Court from courts of common pleas, for original jurisdiction
11of the Commonwealth Court and for appeals to the Commonwealth
12Court from courts of common pleas; providing for the
13jurisdiction of the appellate division of Medical
14Professional Liability Court and for the organization and
15jurisdiction of the Medical Professional Liability Court;
16establishing the Medical Professional Liability Court
17Qualifications Commission and prescribing its powers and
18duties; further providing for selection of judicial officers,
19for vacancies in judicial offices and for retention election
20of judicial officers; providing for selection and retention
21of judges of the Medical Professional Liability Court and for
22salaries of judges of the Medical Professional Liability
23Court; establishing the Medical Professional Liability Court
24Fund and providing for receipts and payments; further
25providing for right to appellate review and for appeals
26generally; and making editorial changes.

27The General Assembly of the Commonwealth of Pennsylvania
28hereby enacts as follows:

29Section 1.  The definition of "appellate court" in section
30102 of Title 42 of the Pennsylvania Consolidated Statutes is

1amended and the section is amended by adding definitions to
2read:

3§ 102.  Definitions.

4Subject to additional definitions contained in subsequent
5provisions of this title which are applicable to specific
6provisions of this title, the following words and phrases when
7used in this title shall have, unless the context clearly
8indicates otherwise, the meanings given to them in this section:

9* * *

10"Appellate court."  Includes the Supreme Court, the Superior
11Court [and], the Commonwealth Court[.] and the appellate 
12division of Medical Professional Liability Court.

13"Appellate division."  The appellate division of Medical 
14Professional Liability Court established under section 581 
15(relating to appellate division of Medical Professional 
16Liability Court).

17* * *

18"Medical Professional Liability Court."  The court 
19established under section 811 (relating to Medical Professional 
20Liability Court).

21"Medical Professional Liability Court rule."  A rule or order 
22promulgated by the Medical Professional Liability Court.

23* * *

24"Statewide judges."  Judges of the Supreme Court, Superior 
25Court, Commonwealth Court and Medical Professional Liability 
26Court.

27* * *

28Section 2.  Section 301 of Title 42 is amended to read:

29§ 301.  Unified judicial system.

30The judicial power of the Commonwealth shall be vested in a

1unified judicial system consisting of the:

2(1)  Supreme Court.

3(2)  Superior Court.

4(3)  Commonwealth Court.

5(4)  Medical Professional Liability Court.

6[(4)] (5)  Courts of common pleas.

7[(5)] (6)  Community courts.

8[(6)] (7)  Philadelphia Municipal Court.

9[(7)] (8)  Pittsburgh Magistrates Court.

10[(8)] (9)  Traffic Court of Philadelphia.

11[(9)] (10)  Magisterial district judges.

12All courts and magisterial district judges and their
13jurisdiction shall be in this unified judicial system.

14Section 3.  Chapter 5 of Title 42 is amended by adding a
15subchapter to read:

16SUBCHAPTER D

17APPELLATE DIVISION OF MEDICAL PROFESSIONAL

18LIABILITY COURT OF PENNSYLVANIA

19Sec.

20581.  Appellate division of Medical Professional Liability
21Court.

22582.  Powers of appellate division.

23583.  Seat of appellate division.

24§ 581.  Appellate division of Medical Professional Liability
25Court.

26(a)  General rule.--There shall be an appellate division of
27Medical Professional Liability Court which shall consist of the
28president judge and the other judges in regular active service.

29(b)  Panels and en banc.--When reviewing orders of the
30Medical Professional Liability Court, the appellate division

1shall sit in panels, and no member of the appellate division
2shall participate as a member of a panel in the judicial review
3of any order or other action in which the person participated as
4a matter of original jurisdiction. A decision of a panel may be
5reviewed by the division en banc.

6§ 582.  Powers of appellate division.

7The appellate division of Medical Professional Liability
8Court shall have all powers necessary or appropriate in aid of
9its jurisdiction which are agreeable to the usages and
10principles of law.

11§ 583.  Seat of appellate division.

12The regular sessions of the appellate division of Medical
13Professional Liability Court shall be held in the cities of
14Harrisburg, Philadelphia and Pittsburgh and elsewhere as
15prescribed by Medical Professional Liability Court rule.

16Section 4.  Sections 705, 707, 722, 724, 742, 761(a) and
17762(b) of Title 42 are amended to read:

18§ 705.  Transfers [between] among intermediate appellate courts.

19The Superior Court [and], the Commonwealth Court and the 
20appellate division of Medical Professional Liability Court shall
21have power pursuant to general rules, on their own motion or
22upon [petition] application of any party, to transfer any appeal
23to [the other court] another appellate court or division for
24consideration and decision with any matter pending in such other
25court or division involving the same or related questions of
26fact, law or discretion.

27§ 707.  Lien of judgments for money.

28Any judgment or other order of the Supreme Court, the
29Superior Court [or], the Commonwealth Court or the appellate 
30division of Medical Professional Liability Court for the payment

1of money shall not be a lien upon real property in any county
2until it is entered of record in the office of the clerk of the
3court of common pleas of the county where the property is
4situated, or in the office of the clerk of the branch of the
5court of common pleas embracing such county, in the same manner
6as a judgment transferred from the court of common pleas of
7another county.

8§ 722.  Direct appeals from courts of common pleas.

9(a)  General rule.--The Supreme Court shall have exclusive
10jurisdiction of appeals from final orders of the courts of
11common pleas in the following classes of cases:

12(1)  Matters prescribed by general rule.

13(2)  The right to public office.

14(3)  Matters where the qualifications, tenure or right to
15serve, or the manner of service, of any member of the
16judiciary is drawn in question.

17(4)  Automatic review of sentences as provided by [42 
18Pa.C.S. §§] sections 9546(d) (relating to relief and order)
19and 9711(h) (relating to review of death sentence).

20(5)  Supersession of a district attorney by an Attorney
21General or by a court or where the matter relates to the
22convening, supervision, administration, operation or
23discharge of an investigating grand jury or otherwise
24directly affects such a grand jury or any investigation
25conducted by it.

26(6)  Matters where the right or power of the Commonwealth
27or any political subdivision to create or issue indebtedness
28is drawn in direct question.

29(7)  Matters where the court of common pleas has held
30invalid as repugnant to the Constitution, treaties or laws of

1the United States, or to the Constitution of this
2Commonwealth, any treaty or law of the United States or any
3provision of the Constitution of, or of any statute of, this
4Commonwealth, or any provision of any home rule charter.

5(8)  Matters where the right to practice law is drawn in
6direct question.

7(b)  Exception.--The Supreme Court shall not have
8jurisdiction under subsection (a)(7) of the classes of appeals
9from the courts of common pleas as are under section 762
10(relating to appeals from courts of common pleas) within the
11exclusive jurisdiction of the appellate division of Medical
12Professional Liability Court.

13§ 724.  Allowance of appeals from [Superior and Commonwealth
14Courts] intermediate appellate courts.

15(a)  General rule.--Except as provided by section 9781(f)
16(relating to limitation on additional appellate review), final
17orders of the Superior Court and final orders of the
18Commonwealth Court not appealable under section 723 (relating to
19appeals from Commonwealth Court) may be reviewed by the Supreme
20Court upon allowance of appeal by any two justices of the
21Supreme Court upon petition of any party to the matter.

22(a.1)  Medical Professional Liability Court appeals.--Final
23orders of the appellate division of Medical Professional
24Liability Court may be reviewed by the Supreme Court upon
25allowance of appeal by any two justices of the Supreme Court
26upon petition of any party to the matter if the petition is
27granted within 90 days after it is filed.

28(a.2)  Scope of review.--If the petition shall be granted,
29the Supreme Court shall have jurisdiction to review the order in
30the manner provided by section 5105(d)(1) (relating to scope of

1appeal).

2(b)  Improvident appeals.--If an appeal is improvidently
3taken to the Supreme Court under section 723 in a case where the
4proper mode of review is by petition for allowance of appeal
5under this section, this alone shall not be a ground for
6dismissal, but the papers whereon the appeal was taken shall be
7regarded and acted on as a petition for allowance of appeal and
8as if duly filed at the time the appeal was taken.

9§ 742.  Appeals from courts of common pleas.

10The Superior Court shall have exclusive appellate
11jurisdiction of all appeals from final orders of the courts of
12common pleas, regardless of the nature of the controversy or the
13amount involved, except such classes of appeals as are by any
14provision of this chapter within the exclusive jurisdiction of
15the Supreme Court [or], the Commonwealth Court or the appellate 
16division of Medical Professional Liability Court.

17§ 761.  Original jurisdiction.

18(a)  General rule.--The Commonwealth Court shall have
19original jurisdiction of all civil actions or proceedings:

20(1)  Against the Commonwealth government, including any
21officer thereof, acting in his official capacity, except:

22(i)  actions or proceedings in the nature of
23applications for a writ of habeas corpus or post-
24conviction relief not ancillary to proceedings within the
25appellate jurisdiction of the court;

26(ii)  eminent domain proceedings;

27(iii)  actions or proceedings conducted pursuant to
28Chapter 85 (relating to matters affecting government
29units);

30(iv)  actions or proceedings conducted pursuant to

1[the act of May 20, 1937 (P.L.728, No.193), referred to
2as the Board of Claims Act; and] 62 Pa.C.S. Ch. 17 Subch. 
3C (relating to Board of Claims);

4(v)  actions or proceedings in the nature of trespass
5as to which the Commonwealth government formerly enjoyed
6sovereign or other immunity and actions or proceedings in
7the nature of assumpsit relating to such actions or
8proceedings in the nature of trespass[.]; and

9(vi)  matters as are under Subchapter C of Chapter 8
10(relating to jurisdiction of Medical Professional
11Liability Court) within the jurisdiction of the Medical
12Professional Liability Court.

13(2)  By the Commonwealth government, including any
14officer thereof, acting in his official capacity, except:

15(i)  eminent domain proceedings[.]; and

16(ii)  matters as are under section 832 (relating to
17original jurisdiction) within the jurisdiction of the
18Medical Professional Liability Court.

19[(3)  Arising under Article V of the act of May 17, 1921 
20(P.L.789, No.285), known as "The Insurance Department Act of
211921."]

22(4)  Original jurisdiction of which is vested in the
23Commonwealth Court by any unrepealed statute hereafter
24enacted.

25* * *

26§ 762.  Appeals from courts of common pleas.

27* * *

28(b)  Exception.--The Commonwealth Court shall not have
29jurisdiction of such classes of appeals from courts of common
30pleas as are by [section]:

1(1)  Section 722 (relating to direct appeals from courts
2of common pleas) within the exclusive jurisdiction of the
3Supreme Court.

4(2)  Section 782 (relating to appeals from Medical
5Professional Liability Court original hearing matters) within
6the exclusive jurisdiction of the appellate division of
7Medical Professional Liability Court.

8Section 5.  Chapter 7 of Title 42 is amended by adding a
9subchapter to read:

10SUBCHAPTER E

11JURISDICTION OF APPELLATE DIVISION OF

12MEDICAL PROFESSIONAL LIABILITY COURT

13Sec.

14781.  Original jurisdiction.

15782.  Appeals from Medical Professional Liability Court original
16hearing matters.

17783.  Answer of certified questions of law.

18784.  Certification of questions of law.

19§ 781.  Original jurisdiction.

20The appellate division of Medical Professional Liability
21Court shall have no original jurisdiction, except:

22(1)  in cases of mandamus and prohibition to:

23(i)  the judges of the Medical Professional Liability
24Court when exercising the original jurisdiction of the
25Medical Professional Liability Court; or

26(ii)  courts of inferior jurisdiction where such
27relief is ancillary to matters within the appellate
28jurisdiction of the division; and

29(2)  that the division, or any member thereof, shall have
30full power and authority when and as often as there may be

1occasion to issue writs of habeas corpus under like
2conditions returnable to the said court.

3§ 782.  Appeals from Medical Professional Liability Court
4original hearing matters.

5The appellate division of Medical Professional Liability
6Court shall have exclusive appellate jurisdiction of all appeals
7from final orders of the Medical Professional Liability Court
8entered by a single member thereof, regardless of the nature of
9the controversy or the amount involved.

10§ 783.  Answer of certified questions of law.

11(a)  General rule.--The appellate division of Medical
12Professional Liability Court may answer questions of law
13certified to it by a United States appellate court or the
14highest appellate court or the intermediate appellate court of
15any other state or jurisdiction, when requested by the
16certifying court, if there are involved in any matter pending
17before the certifying court questions of law of this
18Commonwealth within the jurisdiction of the appellate division
19which may be determinative of the matter in the certifying court
20and as to which it appears to the certifying court there is no
21controlling precedent in the decisions of the appellate
22division.

23(b)  Contents of certification order.--A certification order
24shall set forth:

25(1)  The questions of law to be answered.

26(2)  A statement of all facts relevant to the questions
27certified and showing fully the nature of the controversy in
28which the question arose.

29(c)  Preparation of certification order.--The certification
30order shall be prepared by the certifying court, signed by the

1judge presiding over the matter and forwarded to the appellate
2division of Medical Professional Liability Court by the clerk of
3the certifying court under its official seal. The appellate
4division may require the original or copies of all or of any
5portion of the record before the certifying court to be filed
6with the certification order if, in the opinion of the appellate
7division, the record or portion thereof may be necessary in
8answering the questions.

9(d)  Costs of certification.--Fees and costs shall be the
10same as in appeals docketed before the appellate division and
11shall be equally divided between the parties unless otherwise
12ordered by the certifying court in its order of certification.

13(e)  Briefs and argument.--Proceedings in the appellate
14division under this section shall be governed by Medical
15Professional Liability Court rules, which may provide
16specifically for the answering and certification of questions of
17law under this section.

18(f)  Opinion.--The written opinion of the appellate division
19stating the law governing the questions certified shall be sent
20by the clerk under the seal of the appellate division of Medical
21Professional Liability Court to the certifying court and to the
22parties. An order adopting a written opinion shall be subject to
23appeal under section 724(b) (relating to allowance of appeals
24from intermediate appellate courts).

25§ 784.  Certification of questions of law.

26(a)  General rule.--The appellate division of Medical
27Professional Liability Court, on its own motion or on the
28application of any party, may order certification of questions
29of law to a United States appellate court or to the highest
30appellate court or the intermediate appellate court of any other

1state or jurisdiction when it appears to the appellate division
2that:

3(1)  there are involved in any matter pending before the
4appellate division questions of law of the receiving
5jurisdiction which may be determinative of the matter in the
6appellate division; and

7(2)  there is not controlling precedent in the decisions
8of the appellate courts of the receiving jurisdiction.

9(b)  Law of case.--The certification order may contain an
10undertaking on behalf of the unified judicial system that the
11answer to the certified question shall be deemed the law of the
12case for the purposes of all further proceedings in the courts
13of this Commonwealth.

14(c)  Procedure.--The procedures for certification from this
15Commonwealth to the receiving jurisdiction shall be as provided
16by the laws of the receiving jurisdiction.

17Section 6.  The heading of Article C of Subpart A of Part II
18of Title 42 is amended to read:

19ARTICLE C

20MEDICAL PROFESSIONAL LIABILITY COURT

21AND COURTS OF COMMON PLEAS

22Section 7.  Article C of Subpart A of Part II of Title 42 is
23amended by adding a chapter to read:

24CHAPTER 8

25ORGANIZATION AND JURISDICTION OF

26MEDICAL PROFESSIONAL LIABILITY COURT

27Subchapter

28A.  (Reserved)

29B.  Organization of Medical Professional Liability Court

30C.  Jurisdiction of Medical Professional Liability Court

1D.  Transitional Provisions

2SUBCHAPTER A

3(RESERVED)

4SUBCHAPTER B

5ORGANIZATION OF MEDICAL PROFESSIONAL

6LIABILITY COURT

7Sec.

8811.  Medical Professional Liability Court.

9812.  Powers of Medical Professional Liability Court.

10813.  Seat of court.

11814.  Lien of judgments for money.

12§ 811.  Medical Professional Liability Court.

13There shall be a Medical Professional Liability Court of
14Pennsylvania which shall consist of 18 judges.

15§ 812.  Powers of Medical Professional Liability Court.

16The Medical Professional Liability Court shall have power to
17issue, under its judicial seal, every lawful writ and process
18necessary or suitable for the exercise of its jurisdiction and
19for the enforcement of any order which it may make, including
20such writs and process to or to be served or enforced by system
21and related personnel as the courts of common pleas are
22authorized by law or usage to issue. The court shall also have
23all powers of a court of record possessed by the courts of
24common pleas.

25§ 813.  Seat of court.

26(a)  Central filing.--The Medical Professional Liability
27Court shall maintain offices for the receipt of filings at one
28or more locations within this Commonwealth as may be prescribed
29by Medical Professional Liability Court rule. The Medical
30Professional Liability Court is comprised of three districts as

1follows:

2(1)  The eastern district comprises the counties of
3Berks, Bucks, Chester, Delaware, Lancaster, Lehigh,
4Montgomery, Northampton and Philadelphia.

5(2)  The middle district comprises the counties of Adams,
6Bradford, Cameron, Carbon, Centre, Clinton, Columbia,
7Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata,
8Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe,
9Montour, Northumberland, Perry, Pike, Potter, Schuylkill,
10Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming
11and York.

12(3)  The western district comprises the counties of
13Allegheny, Armstrong, Beaver, Bedford, Blair, Butler,
14Cambria, Clarion, Clearfield, Crawford, Elk, Erie, Fayette,
15Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer,
16Somerset, Venango, Warren, Washington and Westmoreland.

17(b)  Regular sessions.--The regular sessions of the Medical
18Professional Liability Court shall be held in the eastern
19district of Pennsylvania with locations in Media and Scranton,
20middle district of Pennsylvania with locations in Harrisburg and
21Williamsport and western district of Pennsylvania with locations
22in Pittsburgh and Erie.

23(c)  Other sessions.--Within the limits of available
24appropriations, special sessions of the Medical Professional
25Liability Court may be held at such other places from time to
26time within this Commonwealth as may be necessary for the
27convenience of parties or witnesses.

28(d)  Reimbursement.--When regular or other sessions of the
29Medical Professional Liability Court are held in facilities
30provided by counties under this section, reimbursement for

1actual and reasonable expenses shall be made to the counties
2from the Medical Professional Liability Court Fund.

3§ 814.  Lien of judgments for money.

4Any judgment or other order of the Medical Professional
5Liability Court for the payment of money shall not be a lien
6upon real property in any county until it is entered of record
7in the office of the clerk of the court of common pleas of the
8county in which the property is situated, or in the office of
9the clerk of the branch of the court of common pleas embracing
10such county, in the same manner as a judgment transferred from
11the court of common pleas of another county.

12SUBCHAPTER C

13JURISDICTION OF MEDICAL PROFESSIONAL

14LIABILITY COURT

15Sec.

16831.  Definitions.

17832.  Original jurisdiction.

18833.  Exclusive jurisdiction.

19§ 831.  Definitions.

20The following words and phrases when used in this subchapter
21shall have the meanings given to them in this section unless the
22context clearly indicates otherwise:

23"Health care provider."  An individual or health care 
24facility that is licensed, certified or otherwise authorized to 
25provide health care under the laws of this Commonwealth. The 
26term also includes both of the following:

27(1)  An officer, employee or agent of a health care
28provider acting within the scope of the person's duties and
29authority.

30(2)  A legal entity through which one or more health care

1providers deliver health care, including a professional
2corporation, a partnership or limited liability company.

3"Medical professional liability claim."  A claim brought by 
4or on behalf of an individual seeking damages for loss sustained 
5by the individual as a result of an injury or wrong to the 
6individual or another individual arising from a health care 
7provider's provision of or failure to provide health care 
8regardless of the theory of liability. A medical professional 
9liability claim includes, but is not limited to, a claim 
10grounded in negligence, informed consent, breach of contract, 
11misrepresentation or fraud.

12§ 832.  Original jurisdiction.

13The Medical Professional Liability Court shall have original
14jurisdiction of all civil actions or proceedings against a
15health care provider for all medical professional liability
16claims.

17§ 833.  Exclusive jurisdiction.

18Except as provided under section 721 (relating to original
19jurisdiction), the jurisdiction of the Medical Professional
20Liability Court under section 832 (relating to original
21jurisdiction) shall be exclusive.

22SUBCHAPTER D

23TRANSITIONAL PROVISIONS

24Sec.

25841.  Organization of court.

26842.  Existing cases unaffected.

27843.  Rules.

28844.  Procurement of juries.

29845.  Filing fees.

30846.  Expiration review.

1§ 841.  Organization of court.

2(a)  General rule.--The Medical Professional Liability Court
3shall meet and organize in the City of Harrisburg. The court
4shall procure the necessary supplies, equipment and personnel to
5commence operation and promulgate any necessary rules of court
6or operating procedures. When the court is organized and ready
7for the transaction of business, the president judge of the
8court shall so certify to the Governor, who shall issue a
9proclamation stating that the court is organized and ready for
10the transaction of its judicial business.

11(b)  Initial term of office.--The Governor shall proceed to
12appoint persons to serve as judges of the court for purposes of
13organizing its affairs. In order to permit the efficient
14organization of the court, the date of appointment by the
15Governor shall be deemed to be the date on which the vacancies
16in the offices of the initial judges of the court filled by the
17Governor under this subsection occurred, so that the first
18election of judges of the court shall not be held until the
19first municipal election following the initial appointment by
20the Governor.

21§ 842.  Existing cases unaffected.

22A change in jurisdiction effected by amendments to this title
23or to any other act shall not affect the jurisdiction of any
24court over any pending matter, but, in the interest of justice,
25an existing matter may be transferred to the Medical
26Professional Liability Court.

27§ 843.  Rules.

28(a)  Medical Professional Liability Court.--Prior to the
29commencement of operations, specific rules shall be adopted that
30will be applicable to original matters heard in Medical

1Professional Liability Court.

2(b)  Appellate division.--Until otherwise provided by Medical
3Professional Liability Court rule, the Pennsylvania Rules of
4Appellate Procedure shall be applicable to matters in the
5appellate division of Medical Professional Liability Court, and
6rules of court promulgated by the Medical Professional Liability
7Court applicable in the appellate division shall be classified
8under Pa.R.A.P. No.104 (relating to rules of court).

9§ 844.  Procurement of juries.

10(a)  Master list of prospective jurors.--At least annually
11the jury selection commission shall prepare a district-wide
12master list of prospective jurors for each judicial district.
13This list shall contain all voter registration lists for each
14district, which lists may be incorporated by reference, or names
15from other lists which in the opinion of the commission will
16provide a number of names of prospective jurors which is equal
17to or greater than the number of names contained in the voter
18registration list. The commission may, but shall not be required
19to, supplement the master list of prospective jurors to include,
20without being limited to, persons in any of the following
21categories:

22(1)  Persons listed in telephone directories, city
23directories, municipal directories and similar directories.

24(2)  Persons who pay taxes or are assessed for taxes
25imposed by any political subdivisions.

26(3)  Persons in the county participating in any State,
27county or local program authorized by law and, to the extent
28such names are available, persons participating in any
29Federal program authorized by law.

30(4)  Persons who are on school census lists.

1(5)  Any other person whose name does not appear in the
2master list of prospective jurors and who meets the
3qualifications for jurors set forth in this chapter and who
4makes application to the commission to be listed on the
5master list of prospective jurors.

6(b)  Selection, compensation and maintenance of jurors.--
7Except as provided under subsection (a) or unless otherwise
8provided by the Medical Professional Liability Court, the
9procedures for the selection, compensation and maintenance of
10juries for service in the Commonwealth Court shall be applicable
11to the selection, compensation and maintenance of juries in the
12Medical Professional Liability Court.

13§ 845.  Filing fees.

14Until otherwise provided by Medical Professional Liability
15Court rule, the fee bill applicable in the Commonwealth Court
16shall be applicable in the Medical Professional Liability Court.

17§ 846.  Expiration review.

18(a)  Reports to General Assembly.--The following reports
19shall be submitted within 120 days after the expiration of ten
20years after entry by the Medical Professional Liability Court of
21its first final order in any action, proceeding or appeal:

22(1)  The Medical Professional Liability Court shall
23submit to the General Assembly any recommendations for
24legislation relating to size, structure or operations of the
25court.

26(2)  The Attorney General shall submit a report to the
27General Assembly reviewing and commenting upon the operations
28of the Medical Professional Liability Court and making any
29recommendations for legislation relating to size, structure
30or operations of the court.

1(b)  Request for comments.--Appropriate committees of the
2General Assembly shall request comments from the organized bar
3and the general public concerning the size, structure and
4operations of the Medical Professional Liability Court.

5Section 8.  Chapter 21 of Title 42 is amended by adding a
6subchapter to read:

7SUBCHAPTER G

8MEDICAL PROFESSIONAL LIABILITY COURT

9QUALIFICATIONS COMMISSION

10Sec.

112161.  Medical Professional Liability Court Qualifications
12Commission.

132162.  Composition of Medical Professional Liability Court
14Qualifications Commission.

152163.  Organization.

162164.  Powers and duties.

17§ 2161.  Medical Professional Liability Court Qualifications
18Commission.

19(a)  General rule.--The Medical Professional Liability Court
20Qualifications Commission shall consist of 12 residents of this
21Commonwealth selected as provided under this subchapter.

22(b)  Seal.--The Medical Professional Liability Court
23Qualifications Commission shall have a seal engraved with its
24name and such other inscriptions as may be specified by Medical
25Professional Liability Court rule. A facsimile or preprinted
26seal may be used for all purposes in lieu of the original seal.

27(c)  Status.--The Medical Professional Liability Court 
28Qualifications Commission shall not be deemed to be an agency 
29for purposes of 65 Pa.C.S. Ch. 7 (relating to open meetings).

30§ 2162.  Composition of Medical Professional Liability Court

1Qualifications Commission.

2(a)  General rule.--The Medical Professional Liability Court
3Qualifications Commission shall consist of:

4(1)  Three commissioners appointed by the President pro
5tempore of the Senate.

6(2)  Three commissioners appointed by the Minority Leader
7of the Senate.

8(3)  Three commissioners appointed by the Speaker of the
9House of Representatives.

10(4)  Three commissioners appointed by the Minority Leader
11of the House of Representatives.

12(b)  Qualifications.--Two of the commissioners appointed
13under each paragraph of subsection (a) shall be members of the
14bar of the courts of this Commonwealth. The third commissioner
15appointed in each case shall be a nonlawyer elector.

16(c)  Terms of office.--Except as provided under subsection
17(e), each commissioner shall be appointed for a four-year term.
18A commissioner shall not be appointed for more than two
19successive full terms. An appointment to fill an unexpired term
20which has fewer than two years remaining shall not be deemed a
21full term. A vacancy on the commission shall be filled for the
22balance of the term by appointment made by the person who at the
23time is the ranking member in the same chamber of the General
24Assembly and of the same political party as the person who
25appointed the vacating member of the commission.

26(d)  Restriction on public or political activities.--During a
27commissioner's term of service, a commissioner shall not hold:

28(1)  A compensated public office or public appointment.

29(2)  Office in any political party or political
30organization.

1(e)  Transitional provisions.--

2(1)  The initial Medical Professional Liability Court
3Qualifications Commission provided for under this section
4shall come into existence upon the effective date of this
5chapter.

6(2)  The initial members of the Medical Professional
7Liability Court Qualifications Commission shall serve as
8follows:

9(i)  the commissioners appointed by the President pro
10tempore of the Senate, one each for two, three and four
11years;

12(ii)  the commissioners appointed by the Minority
13Leader of the Senate, one each for two, three and four
14years;

15(iii)  the commissioners appointed by the Speaker of
16the House of Representatives, one each for one, two and
17three years; and

18(iv)  the commissioners appointed by the Minority
19Leader of the House of Representatives, one each for one,
20two and three years.

21§ 2163.  Organization.

22The Medical Professional Liability Court Qualifications
23Commission shall elect a presiding officer from among its
24members and shall establish its own rules of procedure. The
25Medical Professional Liability Court shall furnish staff support
26as may be necessary for the conduct of the business of the
27commission. The cost and expense of the commission shall be paid
28out of the Medical Professional Liability Court Fund established
29under section 3591 (relating to Medical Professional Liability
30Court Fund).

1§ 2164.  Powers and duties.

2(a)  General rule.--The Medical Professional Liability Court
3Qualifications Commission shall evaluate the qualifications of
4all of the following:

5(1)  Applicants seeking election as a judge of the
6Medical Professional Liability Court who request evaluation
7of their qualifications under section 3161(c) (relating to
8election of judges of Medical Professional Liability Court).

9(2)  Applicants seeking appointment by the Governor to a
10vacancy on the Medical Professional Liability Court under
11section 3162 (relating to vacancies in office of judge of
12Medical Professional Liability Court).

13(3)  Judges of the Medical Professional Liability Court
14who seek retention in office under section 3163 (relating to
15retention of judges of Medical Professional Liability Court).

16(b)  Rules and regulations.--The commission may adopt rules
17and regulations as it deems necessary to discharge its duties.

18(c)  Immunity.--A member of the commission shall not be held
19to have violated any criminal law or to be civilly liable under
20any law by reason of the performance by the member of any duty,
21function or activity authorized or required of the commission if
22the member has exercised due care in his performance. This
23subsection shall not apply with respect to any action taken by
24any individual if the individual, in taking the action, was
25motivated by malice toward any person affected by the action.

26Section 9.  Sections 3131, 3132 and 3153 of Title 42 are
27amended by adding subsections to read:

28§ 3131.  Selection of judicial officers for regular terms.

29* * *

30(f)  Medical Professional Liability Court.--The judges of the

1Medical Professional Liability Court shall be elected in the
2manner provided under section 3161 (relating to election of
3judges of Medical Professional Liability Court).

4§ 3132.  Vacancies in office.

5* * *

6(e)  Medical Professional Liability Court.--Subsections (a)
7through (d) shall not apply to a vacancy in the office of a
8judge of the Medical Professional Liability Court. The
9provisions of section 3162 (relating to vacancies in office of
10judge of Medical Professional Liability Court) shall apply.

11§ 3153.  Retention elections after regular term.

12* * *

13(d)  Medical Professional Liability Court.--Except as
14provided under section 3163 (relating to retention of judges of
15Medical Professional Liability Court), subsections (a), (b) and
16(c) shall apply to the judges of the Medical Professional
17Liability Court.

18Section 10.  Chapter 31 of Title 42 is amended by adding a
19subchapter to read:

20SUBCHAPTER E

21SELECTION AND RETENTION OF JUDGES

22OF MEDICAL PROFESSIONAL LIABILITY COURT

23Sec.

243161.  Election of judges of Medical Professional Liability
25Court.

263162.  Vacancies in office of judge of Medical Professional
27Liability Court.

283163.  Retention of judges of Medical Professional Liability
29Court.

30§ 3161.  Election of judges of Medical Professional Liability

1Court.

2(a)  General rule.--Judges of the Medical Professional
3Liability Court shall be elected for a regular term of office at
4the municipal election next preceding the commencement of their
5respective regular terms of office by the electors of this
6Commonwealth.

7(b)  Special procedures.--The judges of the Medical 
8Professional Liability Court shall be elected as provided in the 
9act of June 3, 1937 (P.L.1333, No.320), known as the 
10Pennsylvania Election Code, except that:

11(1)  The following dates prescribed by the Pennsylvania
12Election Code shall not apply:

13(i)  The date by which the Secretary of the
14Commonwealth is to notify the county boards of election
15of the offices for which candidates are to be nominated
16at the ensuing primary.

17(ii)  The date by which the county boards of election
18are to publish notice of public offices for which
19nominations are to be made.

20(2)  The date before and after which nomination petitions
21and nomination papers may be circulated shall be 60 days
22prior to the dates that would otherwise apply in the absence
23of this section.

24(3)  Candidates for nomination who desire to have their
25qualifications evaluated by the Medical Professional
26Liability Court Qualifications Commission shall proceed as
27provided in subsection (c). Candidates who do not desire to
28have their qualifications evaluated by the commission shall
29not be subject to subsection (c) and shall proceed instead in
30the manner provided in the Pennsylvania Election Code.

1(4)  Candidates for nomination shall present a nominating
2petition containing valid signatures of at least 1,000
3registered and enrolled members of the proper party,
4including at least 100 members from each of at least five
5counties.

6(5)  Each person filing a nomination petition or
7nomination papers for a candidate shall pay a filing fee, at
8the time of filing either with the commission or the
9Department of State, as the case may be, of $200. A
10nomination petition or nomination papers shall not be
11accepted or filed unless and until the filing fee is paid in
12cash or by certified or cashier's check or money order made
13payable to the Commonwealth of Pennsylvania. All moneys paid
14on account of filing fees for candidates for nomination for
15the office of judge of the Medical Professional Liability
16Court shall be transmitted to the State Treasurer and shall
17become part of the Medical Professional Liability Court Fund.

18(6)  (Reserved).

19(7)  On all official ballots except absentee ballots, the
20names of all candidates from the same political party for
21nomination or election shall be rotated from one precinct to
22another. On absentee ballots the names of those candidates
23shall be so alternated that each name shall appear, insofar
24as reasonably possible, substantially an equal number of
25times at the beginning, at the end and at each intermediate
26place, if any, of the group of candidates from the same
27political party.

28(c)  Evaluation of qualifications.--Candidates who desire to
29have their qualifications evaluated by the commission shall
30proceed in the following fashion:

1(1)  Nomination petitions and nomination papers shall be
2filed with the commission instead of the Department of State
3and must be filed with the commission no later than 60 days
4prior to the date for filing nomination petitions and
5nomination papers generally.

6(2)  The affidavit of candidates submitted to the
7commission shall be in the form prescribed by the
8Pennsylvania Election Code, with additional information as
9may be required by the rules and regulations of the
10commission.

11(3)  The commission shall evaluate the qualifications of
12each candidate in accordance with such criteria and measures
13of qualification as the commission promulgates in regulations
14and shall assign each candidate a rating of one of the
15following:

16(i)  Extremely well qualified.

17(ii)  Well qualified.

18(iii)  Qualified.

19(iv)  Unqualified.

20(4)  The commission shall publish in the Pennsylvania
21Bulletin a report containing the rating assigned to each
22candidate by the commission. The report of the commission
23shall be published not later than the date the nomination
24petition or nomination papers of the candidate would have
25been due to be filed absent the provisions of this
26subsection. The report shall include the nomination petition
27or nomination papers and the affidavit of the candidate.

28(5)  A determination by the commission to report a
29candidate as unqualified may be challenged in the same manner
30as a contested nomination of the second class under Article

1XVII(b) of the Pennsylvania Election Code, except that the
2petition commencing the proceeding shall be filed by the
3candidate himself within 20 days after the last day for
4filing reports of the commission with the Department of
5State. A determination by the commission to report a
6candidate as extremely well qualified, well qualified or
7qualified shall not be subject to challenge.

8§ 3162.  Vacancies in office of judge of Medical Professional
9Liability Court.

10(a)  General rule.--A vacancy in the office of judge of the
11Medical Professional Liability Court shall be filled by
12appointment by the Governor in the manner provided in this
13section.

14(b)  Advertisement of vacancy.--Whenever a vacancy occurs in
15the office of judge of the Medical Professional Liability Court,
16the Medical Professional Liability Court Qualifications
17Commission shall publicly advertise the vacancy and solicit
18applications. When it is known that a vacancy will occur in the
19future on a date certain, the process under this section may
20begin 90 days prior to that date.

21(c)  Preparation of list.--From the applications received,
22the commission shall prepare and submit to the Governor a list
23of not more than seven persons who are qualified to hold the
24office of judge of the Medical Professional Liability Court.
25When more than one vacancy exists, the maximum number of persons
26who may be included on the list submitted to the Governor shall
27be increased by two persons for each additional vacancy. The
28list shall be submitted to the Governor no later than 60 days
29after the vacancy occurs. Immediately following submission of
30the list to the Governor, the list shall be filed with the

1Senate and made public by the commission. The commission shall
2maintain the confidentiality of the information on the list but
3disclose the names of applicants whose names do not appear on
4the list and applicants who have not requested that their names
5remain confidential.

6(d)  Vote required for commission endorsement.--The list
7submitted to the Governor shall contain the names of those
8persons who receive affirmative votes from eight or more
9commissioners, except that the number of persons shall not
10exceed the limitations imposed under subsection (c).

11(e)  Nomination to Senate.--The Governor shall nominate from
12the list one person for each vacancy with respect to which a
13list of recommended applicants has been submitted. If the
14Governor does not nominate, within 30 days of receipt of the
15list, as many of the persons recommended as there are vacancies
16to be filled, the first person or persons named on the list in
17the order determined by the commission who have not been
18nominated by the Governor, up to the number of vacancies the
19Governor has failed to make nominations for, shall be deemed
20nominated.

21(f)  Action by Senate.--Senate action on a nomination to fill
22a vacancy in the office of judge of the Medical Professional
23Liability Court shall be in accordance with section 8 of Article
24IV of the Constitution of Pennsylvania.

25(g)  Substitute nominations.--The Governor may make a
26substitute nomination from the list within 30 days after
27receiving notification from the Senate of the rejection of a
28prior nominee. If the Governor does not make a substitute
29nomination under this subsection, the ranking person on the list
30who has not been rejected by the Senate shall be deemed

1nominated as a substitute.

2(h)  Rejection of all candidates.--If all of the persons on a
3list have been nominated and rejected by the Senate, the Senate
4shall so notify the commission. The commission shall meet within
5ten days of receipt of notification by the Senate and publicly
6select by lot one person from the list. The person selected
7shall thereupon be deemed appointed and confirmed to the vacant
8position and shall be so commissioned by the Governor.

9§ 3163.  Retention of judges of Medical Professional Liability
10Court.

11At the expiration of the term of office of a judge of the
12Medical Professional Liability Court, the judge shall be subject
13to retention in office and retirement as provided under this
14part except that whenever a judge of the Medical Professional
15Liability Court files a declaration of candidacy for retention
16election, the Medical Professional Liability Court
17Qualifications Commission shall review the judge's judicial
18performance and shall, on or before the first Monday of April of
19the year of the retention election, report to the Department of
20State whether or not in the opinion of the commission the judge
21is qualified to be retained in office.

22Section 11.  Title 42 is amended by adding a section to read:

23§ 3582.  Salaries of judges of Medical Professional Liability
24Court.

25(a)  Salaries.--The annual salary of the President Judge of
26the Medical Professional Liability Court shall be $104,500. The
27annual salary of each of the other judges of the Medical
28Professional Liability Court shall be $104,000.

29(b)  Annual cost-of-living adjustment.--Beginning January 1,
302008, and each January 1 thereafter, the annual salaries under

1this section shall be increased by the percentage change in the
2Consumer Price Index for All Urban Consumers (CPI-U) for the
3Pennsylvania, New Jersey, Delaware and Maryland area for the
4most recent 12-month period for which figures have been
5officially reported by the Department of Labor, Bureau of Labor
6Statistics, immediately prior to the date the adjustment is due
7to take effect. The percentage increase and salary amounts shall
8be determined prior to the annual effective date of the
9adjustment by the Supreme Court and shall be published in the
10Pennsylvania Bulletin by the Court Administrator of Pennsylvania
11within 20 days of the date the determination is made.

12Section 12.  Chapter 35 of Title 42 is amended by adding a
13subchapter to read:

14SUBCHAPTER G

15MEDICAL PROFESSIONAL LIABILITY COURT FUND

16Sec.

173591.  Medical Professional Liability Court Fund.

183592.  Receipts and other credits.

193593.  Payments and other debits.

20§ 3591.  Medical Professional Liability Court Fund.

21There shall be established in the State Treasury a special
22operating fund to be known as the Medical Professional Liability
23Court Fund. Debits and credits shall be made to that fund under
24this subchapter. The operating and capital expenses of the
25Medical Professional Liability Court shall be paid solely from
26the Medical Professional Liability Court Fund.

27§ 3592.  Receipts and other credits.

28(a)  General rule.--There shall be paid or credited to the
29Medical Professional Liability Court Fund:

30(1)  Amounts appropriated to the Medical Professional

1Liability Court in the manner provided by law.

2(2)  The following surcharges, which are hereby imposed:

3(i)  A surcharge upon the health care facility 
4licensure application and renewal fees of the Department 
5of Health under section 807(b) of the act of July 19, 
61979 (P.L.130, No.48), known as the Health Care 
7Facilities Act, in the amount of 10% of each fee.

8(ii)  A surcharge upon the civil penalties collected
9by the Department of Health under section 817(b) of the
10Health Care Facilities Act, in the amount of 25% of each
11fee.

12(iii)  A surcharge upon the licensing, examination,
13registration, certificates and other fees of all health
14care-related professionals of the Bureau of Professional
15and Occupational Affairs of the Department of State, in
16the amount of 10% of each fee.

17(3)  Amounts received by the Commonwealth on account of
18the operation of the Medical Professional Liability Court.
19Fees and charges of the Medical Professional Liability Court
20shall be fixed by the governing authority of the Medical
21Professional Liability Court with a view initially to the
22operation of the Medical Professional Liability Court on a
23self-sustaining basis to the extent feasible and eventually
24to the elimination of the surcharges under paragraph (2)(ii)
25and (iii) and the reduction of the surcharge under paragraph
26(2)(i).

27(b)  Money paid into court.--Money paid into court shall not
28be credited to the Medical Professional Liability Court Fund
29except to the extent that the amounts constitute an allowance
30due a public officer upon the amount levied under an execution.

1§ 3593.  Payments and other debits.

2There shall be disbursed from or debited to the Medical
3Professional Liability Court Fund amounts payable by the
4Commonwealth on account of the operation of the Medical
5Professional Liability Court.

6Section 13.  Sections 5105(b) and 5571(a) of Title 42 are
7amended to read:

8§ 5105.  Right to appellate review.

9* * *

10(b)  Successive appeals.--

11(1)  Except as otherwise provided in this subsection, the
12rights conferred by subsection (a) are cumulative, so that a
13litigant may as a matter of right cause a final order of any
14tribunal in any matter which itself constitutes an appeal to
15such tribunal, to be further reviewed by the court having
16jurisdiction of appeals from such tribunal. Except as
17provided in section 723 (relating to appeals from [the]
18Commonwealth Court) there shall be no right of appeal from
19the Superior Court or the Commonwealth Court to the Supreme
20Court under this section or otherwise.

21(2)  There shall be a right of appeal in all cases from
22the Medical Professional Liability Court to its appellate
23division, which shall constitute a separate court for the
24purposes of section 9 of Article V of the Constitution of
25Pennsylvania. Except as provided under section 724(b)
26(relating to allowance of appeals from intermediate appellate
27courts), there shall be no right of appeal from the Medical
28Professional Liability Court or the appellate division of the
29Medical Professional Liability Court to the Supreme Court
30under this section or any other provision of law.

1* * *

2§ 5571.  Appeals generally.

3(a)  General rule.--The time for filing an appeal, a petition 
4for allowance of appeal, a petition for permission to appeal or 
5a petition for review of a quasi-judicial order, in the Supreme 
6Court, the Superior Court [or], the Commonwealth Court or the 
7Medical Professional Liability Court shall be governed by 
8general rules. No other provision of this subchapter shall be 
9applicable to matters subject to this subsection.

10* * *

11Section 14.  This act shall take effect in 30 days.