H1907B2609A07690     SFL:EAZ  12/13/11     #90        A07690

AMENDMENTS TO HOUSE BILL NO. 1907

Sponsor: REPRESENTATIVE DELISSIO

Printer's No. 2609

Amend Bill, page 1, line 15, by inserting after "damages"

; and providing for public disclosure of information

concerning physicians

Amend Bill, page 2, by inserting between lines 26 and 27

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

Section 911.  Public disclosure.

(a)  Data repository established.--There shall be jointly

established between the State Board of Medicine and the State

Osteopathic Board of Medicine a data repository which shall

annually collect information to create individual profiles on

each physician licensed in this Commonwealth. The information

shall be collected on a form prescribed by the licensing board

and shall be made available to the general public on the

Department of State's publicly accessible Internet website.

(b)  Required information.--By July 1, 2012, and every year

thereafter, each physician shall submit to the licensing board

on the prescribed form the following:

(1)  Information regarding the sentencing of a physician

for an offense as provided in section 15 of the act of

October 5, 1978 (P.L.1109, No.261), known as the Osteopathic

Medical Practice Act, or section 41 of the act of December

20, 1985 (P.L.457, No.112), known as the Medical Practice Act

of 1985.

(2)  Information regarding the arrest of a physician for

any of the following offenses in this Commonwealth or another

state:

(i)  18 Pa.C.S. Ch. 25 (relating to criminal

homicide).

(ii)  18 Pa.C.S. § 2702 (relating to aggravated

assault).

(iii)  18 Pa.C.S. Ch. 31 (relating to sexual

offenses).

(iv)  A violation of the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act.

(3)  A description of any charges to which a physician

pleads nolo contendere or where sufficient facts of guilt

were found and the matter was continued without a finding of

a court of competent jurisdiction.

(4)  A description of any final disciplinary actions

taken against a physician by the licensing board in this

Commonwealth or a health care licensing authority in another

state within the ten most recent years.

(5)  A description of any revocation or involuntary

restriction of hospital privileges for reasons related to

competency or character taken by a hospital's governing body

or any other official of a hospital after procedural due

process has been afforded, or the resignation from or

nonrenewal of medical staff membership or the resignation of

privileges at a hospital in lieu of or in settlement of a

pending disciplinary case related to competence or character

of the physician in that hospital in the ten most recent

years.

(6)  All medical malpractice judgments or settlements in

which a payment is awarded to a complaining party within the

ten most recent years. Disposition of paid claims shall be

reported in a minimum of three graduated categories

indicating the level of significance of the judgment or

settlement. Information involving paid malpractice claims

shall be put in context by the repository by showing a

comparison between a physician's judgment awards and

settlements to the experience of other physicians within the

same specialty classification. Information concerning all

settlements shall be accompanied by the following statement:

Settlement of a malpractice claim may occur for a

variety of reasons which do not necessarily reflect

negatively on the professional competence or conduct

of a physician. A payment in settlement of a

malpractice claim should not be construed as creating

a presumption that medical malpractice has occurred.

Nothing herein shall be construed to limit or prevent the

licensing board from providing further information about the

significance of categories in which settlements are reported.

(7)  Names of medical schools attended, graduate medical

education obtained and dates of graduation.

(8)  Specialty board certification.

(9)  Number of years in practice.

(10)  Names of hospitals at which privileges are

attained.

(11)  Appointments to medical school faculties.

(12)  Information on published articles in peer review

literature.

(13)  The location and telephone number of the

physician's primary practice setting.

(14)  An indication as to whether the physician

participates in the Medicare or State medical assistance

program.

(c)  Explanation.--Physicians may provide an explanation of

any information disclosed pursuant to subsection (b) which shall

be included by the licensing board in the profile.

(d)  Initial profile.--The licensing board shall provide

physicians with a copy of their initial profile prior to its

release to the general public. Physicians shall have no more

than 30 days from the date of receipt of this profile to correct

any factual inaccuracies that appear in the profile and return

it to the licensing board at which time the initial profile

shall be published.

(e)  Revision or correction.--The licensing board shall

establish a process through which each physician may revise or

correct any information contained in the profile, provided

however, that revisions to information disclosed under

subsection (b)(1), (2), (3), (4), (5) and (6) shall be made

within 60 days of any arrest, sentencing or other final action

taken against a physician.

(f)  Penalties.--In addition to any other penalty provided

for in this act, the licensing board shall impose a civil

penalty for any violations of the provisions of this section in

the following manner: $1,000 for a first offense, $2,500 for any

second offense; and $5,000 for any third or subsequent offenses.

Amend Bill, page 2, line 27, by striking out "2" and

inserting

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