PRINTER'S NO. 1789
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1063
Session of
2019
INTRODUCED BY OBERLANDER, NESBIT, BENNINGHOFF, CUTLER, TURZAI,
TOEPEL, REESE, KAUFFMAN, RYAN, PICKETT, THOMAS, MILLARD,
KEEFER, CAUSER, GAYDOS, BULLOCK, JONES, GILLEN, HERSHEY,
ECKER, EVERETT, HAHN, BARRAR, KLUNK, JAMES, FEE, DUSH,
TOPPER, GLEIM, SAYLOR, GROVE, MENTZER, MIHALEK, RADER, SANKEY
AND NELSON, MAY 13, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MAY 13, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bases of jurisdiction
and interstate and international procedure, further providing
for persons and providing for personal jurisdiction in
medical professional liability actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5301(a) introductory paragraph and (b) of
Title 42 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 5301. Persons.
(a) General rule.--[The] Except as further provided by
section 5301.1 (relating to personal jurisdiction in medical
professional liability actions), the existence of any of the
following relationships between a person and this Commonwealth
shall constitute a sufficient basis of jurisdiction to enable
the tribunals of this Commonwealth to exercise general personal
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jurisdiction over such person, or his personal representative in
the case of an individual, and to enable such tribunals to
render personal orders against such person or representative:
* * *
(b) Scope of jurisdiction.--When jurisdiction over a person
is based upon this section or section 5301.1, any cause of
action may be asserted against [him] the person, whether or not
arising from acts enumerated in this section. Discontinuance of
the acts enumerated in subsection (a)(2)(i) and (iii) and (3)(i)
and (iii) shall not affect jurisdiction with respect to any act,
transaction or omission occurring during the period such status
existed.
Section 2. Title 42 is amended by adding a section to read:
§ 5301.1. Personal jurisdiction in medical professional
liability actions.
(a) General rule.--In addition to the requirements of
section 5301 (relating to persons), the tribunals of this
Commonwealth may exercise general personal jurisdiction over a
health care provider in a medical professional liability action
for a medical professional liability claim only in the county in
which the cause of action arose.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Birth center." An entity licensed as a birth center under
the act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act.
"Health care provider." A primary health care center, a
personal care home licensed by the Department of Human Services
under the act of June 13, 1967 (P.L.31, No.21), known as the
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Human Services Code, or a person, including a corporation,
university or other educational institution, licensed or
approved by the Commonwealth to provide health care or
professional medical services as a physician, certified nurse
midwife, podiatrist, hospital, nursing home or birth center. The
term includes an officer, employee or agent of the primary
health care center, personal care home or person if the officer,
employee or agent is acting in the course and scope of
employment.
"Hospital." An entity licensed as a hospital under the Human
Services Code or the Health Care Facilities Act.
"Medical professional liability action." A proceeding in
which a medical professional liability claim is asserted,
including an action in a court of law or an arbitration
proceeding.
"Medical professional liability claim." A claim seeking the
recovery of damages or loss from a health care provider arising
out of a tort or breach of contract causing injury or death
resulting from the furnishing of health care services that were
or should have been provided.
"Nursing home." An entity licensed as a nursing home under
the Health Care Facilities Act.
"Primary health care center." A community-based nonprofit
corporation that meets standards prescribed by the Department of
Health and provides preventive, diagnostic, therapeutic and
basic emergency health care by licensed practitioners who are
employees of the corporation or under contract to the
corporation.
Section 3. This act shall take effect in 60 days.
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