| H1907B2609A07690 SFL:EAZ 12/13/11 #90 A07690 |
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| AMENDMENTS TO HOUSE BILL NO. 1907 |
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| Printer's No. 2609 |
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1 | Amend Bill, page 1, line 15, by inserting after "damages" |
2 | ; and providing for public disclosure of information |
3 | concerning physicians |
4 | Amend Bill, page 2, by inserting between lines 26 and 27 |
5 | Section 2. The act is amended by adding a section to read: |
6 | Section 911. Public disclosure. |
7 | (a) Data repository established.--There shall be jointly |
8 | established between the State Board of Medicine and the State |
9 | Osteopathic Board of Medicine a data repository which shall |
10 | annually collect information to create individual profiles on |
11 | each physician licensed in this Commonwealth. The information |
12 | shall be collected on a form prescribed by the licensing board |
13 | and shall be made available to the general public on the |
14 | Department of State's publicly accessible Internet website. |
15 | (b) Required information.--By July 1, 2012, and every year |
16 | thereafter, each physician shall submit to the licensing board |
17 | on the prescribed form the following: |
18 | (1) Information regarding the sentencing of a physician |
19 | for an offense as provided in section 15 of the act of |
20 | October 5, 1978 (P.L.1109, No.261), known as the Osteopathic |
21 | Medical Practice Act, or section 41 of the act of December |
22 | 20, 1985 (P.L.457, No.112), known as the Medical Practice Act |
23 | of 1985. |
24 | (2) Information regarding the arrest of a physician for |
25 | any of the following offenses in this Commonwealth or another |
26 | state: |
27 | (i) 18 Pa.C.S. Ch. 25 (relating to criminal |
28 | homicide). |
29 | (ii) 18 Pa.C.S. § 2702 (relating to aggravated |
30 | assault). |
31 | (iii) 18 Pa.C.S. Ch. 31 (relating to sexual |
32 | offenses). |
33 | (iv) A violation of the act of April 14, 1972 |
34 | (P.L.233, No.64), known as The Controlled Substance, |
35 | Drug, Device and Cosmetic Act. |
36 | (3) A description of any charges to which a physician |
37 | pleads nolo contendere or where sufficient facts of guilt |
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1 | were found and the matter was continued without a finding of |
2 | a court of competent jurisdiction. |
3 | (4) A description of any final disciplinary actions |
4 | taken against a physician by the licensing board in this |
5 | Commonwealth or a health care licensing authority in another |
6 | state within the ten most recent years. |
7 | (5) A description of any revocation or involuntary |
8 | restriction of hospital privileges for reasons related to |
9 | competency or character taken by a hospital's governing body |
10 | or any other official of a hospital after procedural due |
11 | process has been afforded, or the resignation from or |
12 | nonrenewal of medical staff membership or the resignation of |
13 | privileges at a hospital in lieu of or in settlement of a |
14 | pending disciplinary case related to competence or character |
15 | of the physician in that hospital in the ten most recent |
16 | years. |
17 | (6) All medical malpractice judgments or settlements in |
18 | which a payment is awarded to a complaining party within the |
19 | ten most recent years. Disposition of paid claims shall be |
20 | reported in a minimum of three graduated categories |
21 | indicating the level of significance of the judgment or |
22 | settlement. Information involving paid malpractice claims |
23 | shall be put in context by the repository by showing a |
24 | comparison between a physician's judgment awards and |
25 | settlements to the experience of other physicians within the |
26 | same specialty classification. Information concerning all |
27 | settlements shall be accompanied by the following statement: |
28 | Settlement of a malpractice claim may occur for a |
29 | variety of reasons which do not necessarily reflect |
30 | negatively on the professional competence or conduct |
31 | of a physician. A payment in settlement of a |
32 | malpractice claim should not be construed as creating |
33 | a presumption that medical malpractice has occurred. |
34 | Nothing herein shall be construed to limit or prevent the |
35 | licensing board from providing further information about the |
36 | significance of categories in which settlements are reported. |
37 | (7) Names of medical schools attended, graduate medical |
38 | education obtained and dates of graduation. |
39 | (8) Specialty board certification. |
40 | (9) Number of years in practice. |
41 | (10) Names of hospitals at which privileges are |
42 | attained. |
43 | (11) Appointments to medical school faculties. |
44 | (12) Information on published articles in peer review |
45 | literature. |
46 | (13) The location and telephone number of the |
47 | physician's primary practice setting. |
48 | (14) An indication as to whether the physician |
49 | participates in the Medicare or State medical assistance |
50 | program. |
51 | (c) Explanation.--Physicians may provide an explanation of |
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1 | any information disclosed pursuant to subsection (b) which shall |
2 | be included by the licensing board in the profile. |
3 | (d) Initial profile.--The licensing board shall provide |
4 | physicians with a copy of their initial profile prior to its |
5 | release to the general public. Physicians shall have no more |
6 | than 30 days from the date of receipt of this profile to correct |
7 | any factual inaccuracies that appear in the profile and return |
8 | it to the licensing board at which time the initial profile |
9 | shall be published. |
10 | (e) Revision or correction.--The licensing board shall |
11 | establish a process through which each physician may revise or |
12 | correct any information contained in the profile, provided |
13 | however, that revisions to information disclosed under |
14 | subsection (b)(1), (2), (3), (4), (5) and (6) shall be made |
15 | within 60 days of any arrest, sentencing or other final action |
16 | taken against a physician. |
17 | (f) Penalties.--In addition to any other penalty provided |
18 | for in this act, the licensing board shall impose a civil |
19 | penalty for any violations of the provisions of this section in |
20 | the following manner: $1,000 for a first offense, $2,500 for any |
21 | second offense; and $5,000 for any third or subsequent offenses. |
22 | Amend Bill, page 2, line 27, by striking out "2" and |
23 | inserting |
24 | 3 |
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