AN ACT

 

1Amending the act of December 20, 1985 (P.L.457, No.112),
2entitled "An act relating to the right to practice medicine 
3and surgery and the right to practice medically related acts; 
4reestablishing the State Board of Medical Education and 
5Licensure as the State Board of Medicine and providing for 
6its composition, powers and duties; providing for the 
7issuance of licenses and certificates and the suspension and 
8revocation of licenses and certificates; providing penalties; 
9and making repeals," in definitions, providing for the 
10definitions of "evidence-based" and "medically accurate"; and 
11providing for certain governmental prohibitions.

12It is the intent of the General Assembly to protect the
13health of patients under the care of a licensed health care
14practitioner by ensuring that the practitioner is able to
15communicate freely with patients and exercise his or her medical
16judgment, in order to provide the safest and most beneficial
17medical treatment to the individual patient.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Section 2 of the act of December 20, 1985
21(P.L.457, No.112), known as the Medical Practice Act of 1985, is

1amended by adding definitions to read:

2Section 2. Definitions.

3The following words and phrases when used in this act shall
4have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6* * *

7"Evidence-based." A treatment approach that has been proven
8effective through appropriate empirical analysis.

9* * *

10"Medically accurate." In relation to information,
11information that is:

12(1) verified or supported by the weight of medical
13research conducted in compliance with accepted scientific
14methods;

15(2) recognized as correct and objective by leading
16medical organizations with relevant expertise; or

17(3) recommended by or affirmed in the medical practice
18guidelines of a nationally recognized accrediting
19organization.

20* * *

21Section 2. The act is amended by adding a section to read:

22Section 14.1. Governmental prohibition.

23Neither the Commonwealth nor any political subdivision shall:

24(1) Require a licensed health care practitioner to
25provide a patient with:

26(i) information that is not medically accurate and
27appropriate for the patient; or

28(ii) a medical service in a manner that is not
29evidence-based and appropriate for the patient.

30(2) Prohibit a licensed health care practitioner from

1providing a patient with:

2(i) information that is medically accurate and
3appropriate for the patient; or

4(ii) a medical service that is evidence-based and
5appropriate for the patient.

6Section 3. Nothing in this act shall be construed to alter
7existing professional standards of care nor abrogate the duty of
8a licensed health care practitioner to meet the applicable
9standard of care.

10Section 4. This act shall take effect in 30 days.