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 the 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 Court and Commonwealth Court, for appeals to
10Superior Court from courts of common pleas, for original
11jurisdiction of the Commonwealth Court and for appeals to the
12Commonwealth Court from courts of common pleas; providing for
13the jurisdiction of the appellate division of the Medical
14Professional Liability Court and for the organization and
15jurisdiction of the Medical Professional Liability Court;
16establishing the Medical Professional Liability
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; and 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 the Medical Professional Liability Court.

13"Appellate division." The appellate division of the Medical
14Professional Liability Court established under section 581
15(relating to appellate division of the 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(3.1) Medical Professional Liability Court.

6(4) Courts of common pleas.

7(5) Community courts.

8(6) Philadelphia Municipal Court.

9(7) Pittsburgh Magistrates Court.

10(8) Traffic Court of Philadelphia.

11(9) 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 THE

18MEDICAL PROFESSIONAL LIABILITY COURT OF PENNSYLVANIA

19Sec.

20581. Appellate division of the Medical Professional Liability
21Court.

22582. Powers of appellate division.

23583. Seat of appellate division.

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

26(a) General rule.--There shall be an appellate division of
27the Medical Professional Liability Court which shall consist of
28the president judge and the other judges in regular active
29service.

30(b) Panels and en banc.--When reviewing orders of the

1Medical Professional Liability Court, the appellate division
2shall sit in panels, and no member of the appellate division
3shall participate as a member of a panel in the judicial review
4of any order or other action in which the person participated as
5a matter of original jurisdiction. A decision of a panel may be
6reviewed by the division en banc.

7§ 582. Powers of appellate division.

8The appellate division of the Medical Professional Liability
9Court shall have all powers necessary or appropriate in aid of
10its jurisdiction which are agreeable to the usages and
11principles of law.

12§ 583. Seat of appellate division.

13The regular sessions of the appellate division of the Medical
14Professional Liability Court shall be held in the cities of
15Harrisburg, Norristown and Pittsburgh and elsewhere as
16prescribed by Medical Professional Liability Court rule.

17Section 4. Sections 705, 707, 722, 724, 742, 761(a) and
18762(b) of Title 42 are amended to read:

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

20The Superior Court [and], the Commonwealth Court and the 
21appellate division of the Medical Professional Liability Court
22shall have power pursuant to general rules, on their own motion
23or upon [petition] application of any party, to transfer any
24appeal to [the other court] another appellate court or division, 
25subject to the restrictions, for consideration and decision with
26any matter pending in such other court or division involving the
27same or related questions of fact, law or discretion.

28§ 707. Lien of judgments for money.

29Any judgment or other order of the Supreme Court, the
30Superior Court [or], the Commonwealth Court or the appellate 

1division of the Medical Professional Liability Court for the
2payment of money shall not be a lien upon real property in any
3county until it is entered of record in the office of the clerk
4of the court of common pleas of the county where the property is
5situated, or in the office of the clerk of the branch of the
6court of common pleas embracing such county, in the same manner
7as a judgment transferred from the court of common pleas of
8another county.

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

10(a) General rule.--The Supreme Court shall have exclusive
11jurisdiction of appeals from final orders of the courts of
12common pleas in the following classes of cases:

13(1) Matters prescribed by general rule.

14(2) The right to public office.

15(3) Matters where the qualifications, tenure or right to
16serve, or the manner of service, of any member of the
17judiciary is drawn in question.

18(4) Automatic review of sentences as provided by [42
19Pa.C.S. §§] sections 9546(d) (relating to relief and order)
20and 9711(h) (relating to [review of death sentence] 
21sentencing procedure for murder of the first degree).

22(5) Supersession of a district attorney by an Attorney
23General or by a court or where the matter relates to the
24convening, supervision, administration, operation or
25discharge of an investigating grand jury or otherwise
26directly affects such a grand jury or any investigation
27conducted by it.

28(6) Matters where the right or power of the Commonwealth
29or any political subdivision to create or issue indebtedness
30is drawn in direct question.

1(7) Matters where the court of common pleas has held
2invalid as repugnant to the Constitution, treaties or laws of
3the United States, or to the Constitution of this
4Commonwealth, any treaty or law of the United States or any
5provision of the Constitution of, or of any statute of, this
6Commonwealth, or any provision of any home rule charter.

7(8) Matters where the right to practice law is drawn in
8direct question.

9(b) Exception.--The Supreme Court shall not have
10jurisdiction under subsection (a)(7) of such classes of appeals
11from the courts of common pleas as are by section 762 (relating
12to appeals from courts of common pleas) within the exclusive
13jurisdiction of the appellate division of the Medical
14Professional Liability Court.

15§ 724. Allowance of appeals from [Superior and Commonwealth
16Courts] intermediate appellate courts.

17(a) General rule.--Except as provided by section 9781(f)
18(relating to limitation on additional appellate review), final
19orders of the Superior Court and final orders of the
20Commonwealth Court not appealable under section 723 (relating to
21appeals from Commonwealth Court) may be reviewed by the Supreme
22Court upon allowance of appeal by any two justices of the
23Supreme Court upon petition of any party to the matter.

24(a.1) Medical Professional Liability Court appeals.--Final
25orders of the appellate division of the Medical Professional
26Liability Court may be reviewed by the Supreme Court upon
27allowance of appeal by any two justices of the Supreme Court
28upon petition of any party to the matter if the petition is
29granted within 90 days after it is filed.

30(a.2) Scope of review.--If the petition shall be granted,

1the Supreme Court shall have jurisdiction to review the order in
2the manner provided by section 5105(d)(1) (relating to [scope of
3appeal] right to appellate review).

4(b) Improvident appeals.--If an appeal is improvidently
5taken to the Supreme Court under section 723 in a case where the
6proper mode of review is by petition for allowance of appeal
7under this section, this alone shall not be a ground for
8dismissal, but the papers whereon the appeal was taken shall be
9regarded and acted on as a petition for allowance of appeal and
10as if duly filed at the time the appeal was taken.

11§ 742. Appeals from courts of common pleas.

12The Superior Court shall have exclusive appellate
13jurisdiction of all appeals from final orders of the courts of
14common pleas, regardless of the nature of the controversy or the
15amount involved, except such classes of appeals as are by any
16provision of this chapter within the exclusive jurisdiction of
17the Supreme Court [or], the Commonwealth Court or the appellate 
18division of the Medical Professional Liability Court.

19§ 761. Original jurisdiction.

20(a) General rule.--The Commonwealth Court shall have
21original jurisdiction of all civil actions or proceedings:

22(1) Against the Commonwealth government, including any
23officer thereof, acting in his official capacity, except:

24(i) actions or proceedings in the nature of
25applications for a writ of habeas corpus or post-
26conviction relief not ancillary to proceedings within the
27appellate jurisdiction of the court;

28(ii) eminent domain proceedings;

29(iii) actions or proceedings conducted pursuant to
30Chapter 85 (relating to matters affecting government

1units);

2(iv) actions or proceedings conducted pursuant to
3[the act of May 20, 1937 (P.L.728, No.193), referred to
4as the Board of Claims Act; and] 62 Pa.C.S. Ch. 17, 
5Subch. C (relating to Board of Claims);

6(v) actions or proceedings in the nature of trespass
7as to which the Commonwealth government formerly enjoyed
8sovereign or other immunity and actions or proceedings in
9the nature of assumpsit relating to such actions or
10proceedings in the nature of trespass[.]; and

11(vi) such matters as are by Subchapter C of Chapter
128 (relating to jurisdiction of the Medical Professional
13Liability Court) within the jurisdiction of the Medical
14Professional Liability Court.

15(2) By the Commonwealth government, including any
16officer thereof, acting in his official capacity, except:

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

18(ii) such matters as are by section 832 (relating to
19original jurisdiction) within the jurisdiction of the
20Medical Professional Liability Court.

21(3) [Arising under Article V of the act of May 17, 1921
22(P.L.789, No.285), known as "The Insurance Department Act of
231921."]

24(4) Original jurisdiction of which is vested in the
25Commonwealth Court by any unrepealed statute hereafter
26enacted.

27* * *

28§ 762. Appeals from courts of common pleas.

29* * *

30(b) Exception.--The Commonwealth Court shall not have

1jurisdiction of such classes of appeals from courts of common
2pleas as are by [section]:

3(1) Section 722 (relating to direct appeals from courts
4of common pleas) within the exclusive jurisdiction of the
5Supreme Court.

6(2) Section 782 (relating to appeals from Medical
7Professional Liability Court original hearing matters) within
8the exclusive jurisdiction of the appellate division of the
9Medical Professional Liability Court.

10Section 5. Chapter 7 of Title 42 is amended by adding a
11subchapter to read:

12SUBCHAPTER E

13JURISDICTION OF APPELLATE DIVISION OF

14MEDICAL PROFESSIONAL LIABILITY COURT

15Sec.

16781. Original jurisdiction.

17782. Appeals from Medical Professional Liability Court original
18hearing matters.

19783. Answer of certified questions of law.

20784. Certification of questions of law.

21§ 781. Original jurisdiction.

22The appellate division of the Medical Professional Liability
23Court shall have no original jurisdiction, except:

24(1) in cases of mandamus and prohibition to:

25(i) the judges of the Medical Professional Liability
26Court when exercising the original jurisdiction of the
27Medical Professional Liability Court; or

28(ii) courts of inferior jurisdiction where such
29relief is ancillary to matters within the appellate
30jurisdiction of the division; and

1(2) that the division, or any member thereof, shall have
2full power and authority when and as often as there may be
3occasion to issue writs of habeas corpus under like
4conditions returnable to said court.

5§ 782. Appeals from Medical Professional Liability Court
6original hearing matters.

7The appellate division of the Medical Professional Liability
8Court shall have exclusive appellate jurisdiction of all appeals
9from final orders of the Medical Professional Liability Court
10entered by a single member thereof, regardless of the nature of
11the controversy or the amount involved.

12§ 783. Answer of certified questions of law.

13(a) General rule.--The appellate division of the Medical
14Professional Liability Court may answer questions of law
15certified to it by a United States appellate court or the
16highest appellate court or the intermediate appellate court of
17any other state or jurisdiction, when requested by the
18certifying court, if they are involved in any matter pending
19before the certifying court questions of law of the Commonwealth
20within the jurisdiction of the appellate division which may be
21determinative of the matter in the certifying court and as to
22which it appears to the certifying court there is no controlling
23precedent in the decisions of the appellate division.

24(b) Contents of certification order.--A certification order
25shall set forth:

26(1) The questions of law to be answered.

27(2) A statement of all facts relevant to the questions
28certified and showing fully the nature of the controversy in
29which the question arose.

30(c) Preparation of certification order.--The certification

1order shall be prepared by the certifying court, signed by the
2judge presiding over the matter and forwarded to the appellate
3division of the Medical Professional Liability Court by the
4clerk of the certifying court under its official seal. The
5appellate division may require the original or copies of all or
6of any portion of the record before the certifying court to be
7filed with the certification order if, in the opinion of the
8appellate division, the record or portion thereof may be
9necessary in answering the questions.

10(d) Costs of certification.--Fees and costs shall be the
11same as in appeals docketed before the appellate division and
12shall be equally divided between the parties unless otherwise
13ordered by the certifying court in its order of certification.

14(e) Briefs and argument.--Proceedings in the appellate
15division under this section shall be governed by Medical
16Professional Liability Court rules, which may provide
17specifically for the answering and certification of questions of
18law under this section.

19(f) Opinion.--The written opinion of the appellate division
20stating the law governing the questions certified shall be sent
21by the clerk under the seal of the appellate division of the
22Medical Professional Liability Court to the certifying court and
23to the parties. An order adopting a written opinion shall be
24subject to appeal under section 724(b) (relating to allowance of
25appeals from intermediate appellate courts).

26§ 784. Certification of questions of law.

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

1appellate court or the intermediate appellate court of any other
2state or jurisdiction, when it appears to the appellate division
3that:

4(1) there are involved in any matter pending before the
5appellate division questions of law of the receiving
6jurisdiction which may be determinative of the matter in the
7appellate division; and

8(2) there is not controlling precedent in the decisions
9of the appellate courts of the receiving jurisdiction.

10(b) Law of case.--The certification order may contain an
11undertaking on behalf of the Pennsylvania unified judicial
12system that the answer to the certified question shall be deemed
13the law of the case for the purposes of all further proceedings
14in the courts of this Commonwealth.

15(c) Procedure.--The procedures for certification from this
16Commonwealth to the receiving jurisdiction shall be as provided
17by the laws of the receiving jurisdiction.

18Section 6. The heading of Article C of Subpart A of Part II
19of Title 42 is amended to read:

20ARTICLE C

21MEDICAL PROFESSIONAL LIABILITY COURT

22AND COURTS OF COMMON PLEAS

23Section 7. Article C of Subpart A of Part II of Title 42 is
24amended by adding a chapter to read:

25CHAPTER 8

26ORGANIZATION AND JURISDICTION OF THE

27MEDICAL PROFESSIONAL LIABILITY COURT

28OF PENNSYLVANIA

29Subchapter

30A. (Reserved)

1B. Organization of the Medical Professional Liability Court

2C. Jurisdiction of the Medical Professional Liability Court

3D. Transitional Provisions

4SUBCHAPTER A

5(RESERVED)

6SUBCHAPTER B

7ORGANIZATION OF THE MEDICAL PROFESSIONAL

8LIABILITY COURT

9Sec.

10811. Medical Professional Liability Court.

11812. Powers of Medical Professional Liability Court.

12813. Seat of court.

13814. Lien of judgments for money.

14§ 811. Medical Professional Liability Court.

15There is established a Medical Professional Liability Court
16of Pennsylvania which shall consist of 18 judges.

17§ 812. Powers of Medical Professional Liability Court.

18The Medical Professional Liability Court shall have power to
19issue, under its judicial seal, every lawful writ and process
20necessary or suitable for the exercise of its jurisdiction and
21for the enforcement of any order which it may make, including
22such writs and process to or to be served or enforced by system
23and related personnel as the courts of common pleas are
24authorized by law or usage to issue. The court shall also have
25all powers of a court of record possessed by the courts of
26common pleas.

27§ 813. Seat of court.

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

1by Medical Professional Liability Court rule.

2(b) Regular sessions.--The regular sessions of the Medical
3Professional Liability Court shall be held in the eastern
4district of Pennsylvania with locations in Norristown and
5Scranton, middle district of Pennsylvania with locations in
6Harrisburg and Williamsport and western district of Pennsylvania
7with locations in Pittsburgh and Erie.

8(c) Other sessions.--Within the limits of available
9appropriations, special sessions of the Medical Professional
10Liability Court may be held at such other places from time to
11time within this Commonwealth as may be necessary for the
12convenience of parties or witnesses.

13(d) Reimbursement.--When regular or other sessions of the
14Medical Professional Liability Court are held in facilities
15provided by counties under this section, reimbursement for
16actual and reasonable expenses shall be made to the counties
17from the Medical Professional Liability Court Fund.

18§ 814. Lien of judgments for money.

19Any judgment or other order of the Medical Professional
20Liability Court for the payment of money shall not be a lien
21upon real property in any county until it is entered of record
22in the office of the clerk of the court of common pleas of the
23county in which the property is situated, or in the office of
24the clerk of the branch of the court of common pleas embracing
25such county, in the same manner as a judgment transferred from
26the court of common pleas of another county.

27SUBCHAPTER C

28JURISDICTION OF THE MEDICAL PROFESSIONAL

29LIABILITY COURT

30Sec.

1831. Definitions.

2832. Original jurisdiction.

3833. Exclusive jurisdiction.

4§ 831. Definitions.

5The following words and phrases when used in this subchapter
6shall have the meanings given to them in this section unless the
7context clearly indicates otherwise:

8"Health care provider." An individual or health care
9facility that is licensed, certified or otherwise authorized to
10provide health care under the laws of this Commonwealth. The
11term also includes both of the following:

12(1) An officer, employee or agent of a health care
13provider acting within the scope of the person's duties and
14authority.

15(2) A legal entity through which one or more health care
16providers deliver health care, including, but not limited to,
17a professional corporation, a partnership or limited
18liability company.

19"Medical professional liability claim." A claim brought by
20or on behalf of an individual seeking damages for loss sustained
21by the individual as a result of an injury or wrong to the
22individual or another individual arising from a health care
23provider's provision of or failure to provide health care
24regardless of the theory of liability. A medical professional
25liability claim includes, but is not limited to, a claim
26grounded in negligence, informed consent, breach of contract,
27misrepresentation or fraud.

28§ 832. Original jurisdiction.

29The Medical Professional Liability Court shall have original
30jurisdiction of all civil actions or proceedings against a

1health care provider for all medical professional liability
2claims.

3§ 833. Exclusive jurisdiction.

4Except as provided in section 721 (relating to original
5jurisdiction), the jurisdiction of the Medical Professional
6Liability Court under section 832 (relating to original
7jurisdiction) shall be exclusive.

8SUBCHAPTER D

9TRANSITIONAL PROVISIONS

10Sec.

11841. Organization of court.

12842. Existing cases unaffected.

13843. Rules.

14844. Procurement of juries.

15845. Filing fees.

16846. Expiration review.

17§ 841. Organization of court.

18(a) General rule.--The Medical Professional Liability Court
19shall meet and organize in the City of Harrisburg. The court
20shall procure the necessary supplies, equipment and personnel to
21commence operation and promulgate any necessary rules of court
22or operating procedures. When the court is organized and ready
23for the transaction of business, the president judge of the
24court shall so certify to the Governor, who shall issue a
25proclamation stating that the court is organized and ready for
26the transaction of its judicial business.

27(b) Initial term of office.--The Governor shall appoint
28persons to serve as judges of the court for purposes of
29organizing its affairs. In order to permit the efficient
30organization of the court, the date of appointment by the

1Governor shall be deemed to be the date on which the vacancies
2in the offices of the initial judges of the court filled by the
3Governor under this subsection occurred, so that the first
4election of judges of the court shall not be held until the
5first municipal election following the initial appointment by
6the Governor.

7§ 842. Existing cases unaffected.

8A change in jurisdiction effected by amendments to this title
9or to any other act shall not affect the jurisdiction of any
10court over any pending matter, but, in the interest of justice,
11an existing matter may be transferred to the Medical
12Professional Liability Court.

13§ 843. Rules.

14(a) Medical Professional Liability Court.--Prior to the
15commencement of operations, specific rules shall be adopted that
16will be applicable to original matters heard in the Medical
17Professional Liability Court.

18(b) Appellate division.--Until otherwise provided by Medical
19Professional Liability Court rule, the Pennsylvania Rules of
20Appellate Procedure shall be applicable to matters in the
21appellate division of the Medical Professional Liability Court,
22and rules of court promulgated by the Medical Professional
23Liability Court applicable in the appellate division shall be
24classified under Rule 104 of the Pennsylvania Rules of Appellate
25Procedure.

26§ 844. Procurement of juries.

27Until otherwise provided by Medical Professional Liability
28Court rule, the procedures for the selection, compensation and
29maintenance of juries for service in the Commonwealth Court
30shall be applicable to the selection, compensation and

1maintenance of juries in the Medical Professional Liability
2Court.

3§ 845. Filing fees.

4Until otherwise provided by Medical Professional Liability
5Court rule, the fee bill applicable in the Commonwealth Court
6shall be applicable in the Medical Professional Liability Court.

7§ 846. Expiration review.

8(a) Reports to General Assembly.--The following reports
9shall be submitted within 120 days after the expiration of ten
10years after entry by the Medical Professional Liability Court of
11its first final order in any action, proceeding or appeal:

12(1) The Medical Professional Liability Court shall
13submit to the General Assembly any recommendations for
14legislation relating to size, structure or operations of the
15court.

16(2) The Attorney General shall submit a report to the
17General Assembly reviewing and commenting upon the operations
18of the Medical Professional Liability Court and making any
19recommendations for legislation relating to size, structure
20or operations of the court.

21(b) Request for comments.--Appropriate committees of the
22General Assembly shall request comments from the organized bar
23and the general public concerning the size, structure and
24operations of the Medical Professional Liability Court.

25Section 8. Chapter 21 of Title 42 is amended by adding a
26subchapter to read:

27SUBCHAPTER G

28MEDICAL PROFESSIONAL LIABILITY COURT

29QUALIFICATIONS COMMISSION

30Sec.

12161. Medical Professional Liability Court Qualifications
2Commission.

32162. Composition of Medical Professional Liability Court
4Qualifications Commission.

52163. Organization.

62164. Powers and duties.

7§ 2161. Medical Professional Liability Court Qualifications
8Commission.

9(a) General rule.--The Medical Professional Liability Court
10Qualifications Commission shall consist of 12 residents of this
11Commonwealth selected as provided in this subchapter.

12(b) Seal.--The Medical Professional Liability Court
13Qualifications Commission shall have a seal engraved with its
14name and such other inscriptions as may be specified by Medical
15Professional Liability Court rule. A facsimile or preprinted
16seal may be used for all purposes in lieu of the original seal.

17(c) Status.--The Medical Professional Liability Court
18Qualifications Commission shall not be deemed to be an agency
19for purposes of 65 Pa.C.S. Ch. 7 (relating to open meetings).

20§ 2162. Composition of Medical Professional Liability Court
21Qualifications Commission.

22(a) General rule.--The Medical Professional Liability Court
23Qualifications Commission shall consist of:

24(1) Three commissioners appointed by the President pro
25tempore of the Senate.

26(2) Three commissioners appointed by the Minority Leader
27of the Senate.

28(3) Three commissioners appointed by the Speaker of the
29House of Representatives.

30(4) Three commissioners appointed by the Minority Leader

1of the House of Representatives.

2(b) Qualifications.--Two of the commissioners appointed
3under each paragraph of subsection (a) shall be members of the
4bar of the courts of this Commonwealth. The third commissioner
5appointed in each case shall be a nonlawyer elector.

6(c) Terms of office.--Except as provided in subsection (e),
7each commissioner shall be appointed for a four-year term. A
8commissioner shall not be appointed for more than two successive
9full terms. An appointment to fill an unexpired term which has
10fewer than two years remaining shall not be deemed a full term.
11A vacancy on the commission shall be filled for the balance of
12the term by appointment made by the person who at the time is
13the ranking member in the same chamber of the General Assembly
14and of the same political party as the person who appointed the
15vacating member of the commission.

16(d) Restriction on public or political activities.--During a
17commissioner's term of service, a commissioner shall not hold:

18(1) A compensated public office or public appointment.

19(2) Office in any political party or political
20organization.

21(e) Transitional provisions.--

22(1) The initial Medical Professional Liability Court
23Qualifications Commission provided for in this section shall
24come into existence upon the effective date of this chapter.

25(2) The initial members of the Medical Professional
26Liability Court Qualifications Commission shall serve as
27follows:

28(i) the commissioners appointed by the President pro
29tempore of the Senate, one each for two, three and four
30years;

1(ii) the commissioners appointed by the Minority
2Leader of the Senate, one each for two, three and four
3years;

4(iii) the commissioners appointed by the Speaker of
5the House of Representatives, one each for one, two and
6three years; and

7(iv) the commissioners appointed by the Minority
8Leader of the House of Representatives, one each for one,
9two and three years.

10§ 2163. Organization.

11The Medical Professional Liability Court Qualifications
12Commission shall elect a presiding officer from among its
13members and shall establish its own rules of procedure. The
14Medical Professional Liability Court shall furnish such staff
15support as may be necessary for the conduct of the business of
16the commission. The cost and expense of the commission shall be
17paid out of the Medical Professional Liability Court Fund
18established under section 3591 (relating to Medical Professional
19Liability Court Fund).

20§ 2164. Powers and duties.

21(a) General rule.--The Medical Professional Liability Court
22Qualifications Commission shall evaluate the qualifications of
23all of the following:

24(1) Applicants seeking election as a judge of the
25Medical Professional Liability Court who request evaluation
26of their qualifications pursuant to section 3161(c) (relating
27to election of judges of the Medical Professional Liability
28Court).

29(2) Applicants seeking appointment by the Governor to a
30vacancy on the Medical Professional Liability Court pursuant

1to section 3162 (relating to vacancies in office of judge of
2the Medical Professional Liability Court).

3(3) Judges of the Medical Professional Liability Court
4who seek retention in office pursuant to section 3163
5(relating to retention of judges of the Medical Professional
6Liability Court).

7(b) Rules and regulations.--The commission may adopt such
8rules and regulations as it deems necessary to discharge its
9duties.

10(c) Immunity.--A member of the commission shall not be held
11to have violated any criminal law or to be civilly liable under
12any law by reason of the performance by the member of any duty,
13function or activity authorized or required of the commission if
14the member has exercised due care in such performance. This
15subsection shall not apply with respect to any action taken by
16any individual if the individual, in taking the action, was
17motivated by malice toward any person affected by the action.

18Section 9. Sections 3131, 3132 and 3153 of Title 42 are
19amended by adding subsections to read:

20§ 3131. Selection of judicial officers for regular terms.

21* * *

22(f) Medical Professional Liability Court.--The judges of the
23Medical Professional Liability Court shall be elected in the
24manner provided in section 3161 (relating to election of judges
25of the Medical Professional Liability Court).

26§ 3132. Vacancies in office.

27* * *

28(e) Medical Professional Liability Court.--Subsections (a),
29(b), (c) and (d) shall not apply to a vacancy in the office of a
30judge of the Medical Professional Liability Court. The

1provisions of section 3162 (relating to vacancies in office of
2judge of the Medical Professional Liability Court) shall apply.

3§ 3153. Retention elections after regular term.

4* * *

5(d) Medical Professional Liability Court.--Except as
6provided in section 3163 (relating to retention of judges of the
7Medical Professional Liability Court), subsections (a) through
8(c) shall apply to the judges of the Medical Professional
9Liability Court.

10Section 10. Chapter 31 of Title 42 is amended by adding a
11subchapter to read:

12SUBCHAPTER E

13SELECTION AND RETENTION OF JUDGES

14OF THE MEDICAL PROFESSIONAL LIABILITY COURT

15Sec.

163161. Election of judges of the Medical Professional Liability
17Court.

183162. Vacancies in office of judge of the Medical Professional
19Liability Court.

203163. Retention of judges of the Medical Professional Liability
21Court.

22§ 3161. Election of judges of the Medical Professional
23Liability Court.

24(a) General rule.--Judges of the Medical Professional
25Liability Court shall be elected for a regular term of office at
26the municipal election next preceding the commencement of their
27respective regular terms of office by the electors of this
28Commonwealth.

29(b) Special procedures.--The judges of the Medical
30Professional Liability Court shall be elected as provided in the

1act of June 3, 1937 (P.L.1333, No.320), known as the
2Pennsylvania Election Code, except that:

3(1) The following dates prescribed by the Pennsylvania
4Election Code shall not apply:

5(i) The date by which the Secretary of the
6Commonwealth is to notify the county boards of election
7of the offices for which candidates are to be nominated
8at the ensuing primary.

9(ii) The date by which the county boards of election
10are to publish notice of public offices for which
11nominations are to be made.

12(2) The date before and after which nomination petitions
13and nomination papers may be circulated shall be 60 days
14prior to the dates that would otherwise apply in the absence
15of this section.

16(3) Candidates for nomination who desire to have their
17qualifications evaluated by the Medical Professional
18Liability Court Qualifications Commission shall proceed as
19provided in subsection (c). Candidates who do not desire to
20have their qualifications evaluated by the commission shall
21not be subject to subsection (c) and shall proceed instead in
22the manner provided in the Pennsylvania Election Code.

23(4) Candidates for nomination shall present a nominating
24petition containing valid signatures of at least 1,000
25registered and enrolled members of the proper party,
26including at least 100 members from each of at least five
27counties.

28(5) Each person filing a nomination petition or
29nomination papers for a candidate shall pay a filing fee, at
30the time of filing either with the commission or the

1Department of State, as the case may be, of $200. A
2nomination petition or nomination papers shall not be
3accepted or filed unless and until the filing fee is paid in
4cash or by certified or cashier's check or money order made
5payable to the Commonwealth of Pennsylvania. All moneys paid
6on account of filing fees for candidates for nomination for
7the office of judge of the Medical Professional Liability
8Court shall be transmitted to the State Treasurer and shall
9become part of the Medical Professional Liability Court Fund.

10(6) (Reserved).

11(7) On all official ballots except absentee ballots, the
12names of all candidates from the same political party for
13nomination or election shall be rotated from one precinct to
14another. On absentee ballots the names of those candidates
15shall be so alternated that each name shall appear, insofar
16as reasonably possible, substantially an equal number of
17times at the beginning, at the end and at each intermediate
18place, if any, of the group of candidates from the same
19political party.

20(c) Evaluation of qualifications.--Candidates who desire to
21have their qualifications evaluated by the commission shall
22proceed in the following fashion:

23(1) Nomination petitions and nomination papers shall be
24filed with the commission instead of the Department of State
25and must be filed with the commission no later than 60 days
26prior to the date for filing nomination petitions and
27nomination papers generally.

28(2) The affidavit of candidates submitted to the
29commission shall be in the form prescribed by the
30Pennsylvania Election Code, with such additional information

1as may be required by the rules and regulations of the
2commission.

3(3) The commission shall evaluate the qualifications of
4each candidate in accordance with such criteria and measures
5of qualification as the commission promulgates in regulations
6and shall assign each candidate a rating of one of the
7following:

8(i) Extremely well qualified.

9(ii) Well qualified.

10(iii) Qualified.

11(iv) Unqualified.

12(4) The commission shall publish in the Pennsylvania
13Bulletin a report containing the rating assigned to each
14candidate by the commission. The report of the commission
15shall be published not later than the date the nomination
16petition or nomination papers of the candidate would have
17been due to be filed absent the provisions of this
18subsection. The report shall include the nomination petition
19or nomination papers and the affidavit of the candidate.

20(5) A determination by the commission to report a
21candidate as unqualified may be challenged in the same manner
22as a contested nomination of the second class under Article
23XVII(b) of the Pennsylvania Election Code, except that the
24petition commencing the proceeding shall be filed by the
25candidate himself within 20 days after the last day for
26filing reports of the commission with the Department of
27State. A determination by the commission to report a
28candidate as extremely well qualified, well qualified or
29qualified shall not be subject to challenge.

30§ 3162. Vacancies in office of judge of the Medical

1Professional Liability Court.

2(a) General rule.--A vacancy in the office of judge of the
3Medical Professional Liability Court shall be filled by
4appointment by the Governor in the manner provided in this
5section.

6(b) Advertisement of vacancy.--Whenever a vacancy occurs in
7the office of judge of the Medical Professional Liability Court,
8the Medical Professional Liability Court Qualifications
9Commission shall publicly advertise the vacancy and solicit
10applications. When it is known that a vacancy will occur in the
11future on a date certain, the process set forth in this section
12may begin 90 days prior to that date.

13(c) Preparation of list.--From the applications received,
14the commission shall prepare and submit to the Governor a list
15of not more than seven persons who are qualified to hold the
16office of judge of the Medical Professional Liability Court.
17When more than one vacancy exists, the maximum number of persons
18who may be included on the list submitted to the Governor shall
19be increased by two persons for each additional vacancy. The
20list shall be submitted to the Governor no later than 60 days
21after the vacancy occurs. Immediately following submission of
22the list to the Governor, the list shall be filed with the
23Senate and made public by the commission. The commission shall
24maintain the confidentiality of the information on the list, but
25disclose the names of applicants whose names do not appear on
26the list and applicants who have not requested that their names
27remain confidential.

28(d) Vote required for commission endorsement.--The list
29submitted to the Governor shall contain the names of those
30persons who receive affirmative votes from eight or more

1commissioners, except that the number of persons shall not
2exceed the limitations imposed by subsection (c).

3(e) Nomination to Senate.--The Governor shall nominate from
4the list one person for each vacancy with respect to which a
5list of recommended applicants has been submitted. If the
6Governor does not nominate, within 30 days of receipt of the
7list, as many of the persons recommended as there are vacancies
8to be filled, the first person or persons named on the list in
9the order determined by the commission who have not been
10nominated by the Governor, up to the number of vacancies the
11Governor has failed to make nominations for, shall be deemed
12nominated.

13(f) Action by Senate.--Senate action on a nomination to fill
14a vacancy in the office of judge of the Medical Professional
15Liability Court shall be in accordance with section 8 of Article
16IV of the Constitution of Pennsylvania.

17(g) Substitute nominations.--The Governor may make a
18substitute nomination from the list within 30 days after
19receiving notification from the Senate of the rejection of a
20prior nominee; otherwise, the ranking person on the list who has
21not been rejected by the Senate shall be deemed nominated as a
22substitute.

23(h) Rejection of all candidates.--If all of the persons on a
24list have been nominated and rejected by the Senate, the Senate
25shall so notify the commission. The commission shall meet within
26ten days of receipt of notification by the Senate and publicly
27select by lot one person from the list. The person selected
28shall thereupon be deemed appointed and confirmed to the vacant
29position and shall be so commissioned by the Governor.

30§ 3163. Retention of judges of the Medical Professional

1Liability Court.

2At the expiration of the term of office of a judge of the
3Medical Professional Liability Court, the judge shall be subject
4to retention in office and retirement as provided in this part,
5except that, whenever a judge of the Medical Professional
6Liability Court files a declaration of candidacy for retention
7election, the Medical Professional Liability Court
8Qualifications Commission shall review the judge's judicial
9performance and shall, on or before the first Monday of April of
10the year of the retention election, report to the Department of
11State whether or not in the opinion of the commission the judge
12is qualified to be retained in office.

13Section 11. Title 42 is amended by adding a section to read:

14§ 3582. Salaries of judges of Medical Professional Liability
15Court.

16(a) Salaries.--The annual salary of the President Judge of
17the Medical Professional Liability Court shall be $104,500. The
18annual salary of each of the other judges of the Medical
19Professional Liability Court shall be $104,000.

20(b) Annual cost-of-living adjustment.--Beginning January 1
21of the year which is five years after the effective date of this
22section and each January 1 thereafter, the annual salaries under
23this section shall be increased by the percentage change in the
24Consumer Price Index for All Urban Consumers (CPI-U) for the
25Pennsylvania, New Jersey, Delaware and Maryland area for the
26most recent 12-month period for which figures have been
27officially reported by the Department of Labor, Bureau of Labor
28Statistics, immediately prior to the date the adjustment is due
29to take effect. The percentage increase and salary amounts shall
30be determined prior to the annual effective date of the

1adjustment by the Supreme Court and shall be published in the
2Pennsylvania Bulletin by the Court Administrator of Pennsylvania
3within 20 days of the date the determination is made.

4Section 12. Chapter 35 of Title 42 is amended by adding a
5subchapter to read:

6SUBCHAPTER G

7MEDICAL PROFESSIONAL LIABILITY COURT FUND

8Sec.

93591. Medical Professional Liability Court Fund.

103592. Receipts and other credits.

113593. Payments and other debits.

12§ 3591. Medical Professional Liability Court Fund.

13There is established in the State Treasury a special
14operating fund to be known as the Medical Professional Liability
15Court Fund. Debits and credits shall be made to that fund under
16this subchapter. The operating and capital expenses of the
17Medical Professional Liability Court shall be paid solely from
18the Medical Professional Liability Court Fund.

19§ 3592. Receipts and other credits.

20(a) General rule.--There shall be paid or credited to the
21Medical Professional Liability Court Fund:

22(1) Amounts appropriated to the Medical Professional
23Liability Court in the manner provided by law.

24(2) The following surcharges, which are hereby imposed:

25(i) A surcharge upon the health care facility
26licensure application and renewal fees of the Department
27of Health under section 807(b) of the act of July 19,
281979 (P.L.130, No.48), known as the Health Care
29Facilities Act, in the amount of 10% of each such fee.

30(ii) A surcharge upon the civil penalties collected

1by the Department of Health under section 817(b) of the
2Health Care Facilities Act, in the amount of 25% of each
3such fee.

4(iii) A surcharge upon the licensing, examination,
5registration, certificates and other fees of all health
6care-related professionals of the Bureau of Professional
7and Occupational Affairs of the Department of State, in
8the amount of 10% of each such fee.

9(3) Amounts received by the Commonwealth on account of
10the operation of the Medical Professional Liability Court.
11Fees and charges of the Medical Professional Liability Court
12shall be fixed by the governing authority of the Medical
13Professional Liability Court with a view initially to the
14operation of the Medical Professional Liability Court on a
15self-sustaining basis to the extent feasible and eventually
16to the elimination of the surcharges set forth in paragraph
17(2)(ii) and (iii) and the reduction of the surcharge set
18forth in paragraph (2)(i).

19(b) Money paid into court.--Money paid into court shall not
20be credited to the Medical Professional Liability Court Fund
21except to the extent that the amounts constitute an allowance
22due a public officer upon the amount levied under an execution.

23§ 3593. Payments and other debits.

24There shall be disbursed from or debited to the Medical
25Professional Liability Court Fund amounts payable by the
26Commonwealth on account of the operation of the Medical
27Professional Liability Court.

28Section 13. Sections 5105(b) and 5571(a) of Title 42 are
29amended to read:

30§ 5105. Right to appellate review.

1* * *

2(b) Successive appeals.--

3(1) Except as otherwise provided in this subsection, the
4rights conferred by subsection (a) are cumulative, so that a
5litigant may as a matter of right cause a final order of any
6tribunal in any matter which itself constitutes an appeal to
7such tribunal, to be further reviewed by the court having
8jurisdiction of appeals from such tribunal. Except as
9provided in section 723 (relating to appeals from [the]
10Commonwealth Court) there shall be no right of appeal from
11the Superior Court or the Commonwealth Court to the Supreme
12Court under this section or otherwise.

13(2) There shall be a right of appeal in all cases from
14the Medical Professional Liability Court to its appellate
15division, which shall constitute a separate court for the
16purposes of section 9 of Article V of the Constitution of
17Pennsylvania, but, except as provided in section 724(b)
18(relating to allowance of appeals from intermediate appellate
19courts), there shall be no right of appeal from the Medical
20Professional Liability Court or the appellate division of the
21Medical Professional Liability Court to the Supreme Court
22under this section or otherwise.

23* * *

24§ 5571. Appeals generally.

25(a) General rule.--The time for filing an appeal, a petition
26for allowance of appeal, a petition for permission to appeal or
27a petition for review of a quasi-judicial order, in the Supreme
28Court, the Superior Court [or], the Commonwealth Court or the 
29Medical Professional Liability Court shall be governed by
30general rules. No other provision of this subchapter shall be

1applicable to matters subject to this subsection.

2* * *

3Section 14. This act shall take effect in 30 days.