PRINTER'S NO. 161
No. 160 Session of 1981
INTRODUCED BY MAIALE, GALLAGHER, COWELL, GREENFIELD, PETRARCA,
DAWIDA, KUKOVICH, WARGO, BROWN, MICHLOVIC, COHEN, PERZEL,
BARBER, LETTERMAN, CESSAR, CALTAGIRONE, ZWIKL, PISTELLA,
ITKIN, BELOFF, MURPHY, McINTYRE, HALUSKA AND WHITE,
JANUARY 26, 1981
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 26, 1981
AN ACT
1 Amending the act of July 20, 1974 (P.L.551, No.190), entitled
2 "An act relating to the right to practice medicine and
3 surgery in the Commonwealth of Pennsylvania; and establishing
4 means and methods whereby the right to practice medicine and
5 surgery and any of its branches and limited right to practice
6 medically related acts may be obtained, and exemptions
7 therefrom; imposing powers and duties on the State Board of
8 Medical Education and Licensure; providing for appropriation
9 of board fees to carry out the provisions thereof, and for
10 the granting, revocation and suspension of licenses;
11 providing penalties for violations; and making repeals,"
12 further defining certain terms and further providing for
13 licensure of citizens enrolled in foreign medical colleges.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Clauses (2) and (7) of section 2, act of July 20,
17 1974 (P.L.551, No.190), known as the "Medical Practice Act of
18 1974," are amended to read:
19 Section 2. Definitions.--As used in this act, the following
20 terms shall have the following meanings ascribed to them in this
21 section unless the context clearly determines otherwise:
1 * * *
2 (2) "Medical college." An institution of higher learning
3 which has been fully accredited by the Association of American
4 Medical Colleges, its successors or assigns, or the American
5 Medical Association, either directly or through their respective
6 accrediting bodies, as an agency to provide courses in the arts
7 and sciences of medicine and related subjects and empowered to
8 grant Academic Degrees in Medicine. A foreign medical college is
9 one recognized by the World Health Organization.
10 * * *
11 (7) "Clinical clerk." An undergraduate student in a medical
12 college or a foreign medical college recognized by the World
13 Health Organization, who is assigned under the auspices of the
14 school in which he is currently enrolled to make notes upon
15 patient histories and physical examinations and to perform
16 certain procedures and laboratory tests for the sole purpose of
17 instruction and experience or who may make notes which become
18 official only when edited and countersigned by a member of the
19 hospital staff who is licensed pursuant to this act. Nothing
20 contained in this act shall be construed to entitle a clinical
21 clerk to practice medicine and surgery or to prescribe drugs.
22 * * *
23 Section 2. Section 6.1 of the act is repealed.
24 Section 3. The act is amended by adding a section to read:
25 Section 6.2. Citizens Enrolled in Foreign Medical
26 Colleges.--(a) Notwithstanding any other provisions of this act
27 or any other law to the contrary, an individual who at the time
28 of his enrollment in a medical college outside the United States
29 is a citizen of the United States is eligible for a license to
30 practice medicine and surgery without restriction in this
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1 Commonwealth if the individual has satisfied all the following
2 requirements:
3 (1) Studied medicine in a medical college located outside
4 the United States which is recognized by the World Health
5 Organization.
6 (2) Completed all of the formal requirements of the foreign
7 medical college except internship and social service.
8 (3) Attained on a National qualifying examination a score
9 satisfactory to a medical college offering a Fifth Pathway
10 Program.
11 (4) Subsequent to completing the requirements of clause (2),
12 satisfactorily completed, under the direction of a medical
13 college approved by the board, a Fifth Pathway Program
14 consisting of one academic year of supervised clinical training
15 in a Pennsylvania hospital.
16 (5) Completed the graduate hospital training required by the
17 board of all applicants for a license to practice medicine and
18 surgery without restriction.
19 (6) Passed the examination required by the board of all
20 applicants for a license to practice medicine and surgery
21 without restriction.
22 (b) Satisfaction of the requirements of subsection (a) are
23 in lieu of the completion of any foreign internship and social
24 service requirements.
25 (c) No hospital licensed by the Commonwealth, or operated by
26 the Commonwealth or a political subdivision or which receives
27 State financial assistance, directly or indirectly, may require
28 an individual who at the time of his enrollment in a medical
29 college outside the United States is a citizen of the United
30 States, to satisfy any requirements other than those contained
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1 in clauses (1), (2) and (3) of subsection (a) prior to
2 commencing an internship or residency.
3 (d) A document granted by a medical college located outside
4 the United States which is recognized by the World Health
5 Organization issued after the completion of all the formal
6 requirements of the foreign medical college except internship
7 and social service, upon certification by the medical college in
8 which the training was received of satisfactory completion by
9 the person to whom the document was issued of the requirements
10 listed in clauses (3) and (4) of subsection (a), shall be
11 considered the equivalent of a degree of doctor of medicine for
12 purposes of licensing and practice as a physician in this
13 Commonwealth.
14 (e) A citizen of the United States who has completed a Fifth
15 Pathway Program offered in another state which the board
16 determines to be the equivalent to Fifth Pathway Programs
17 offered in this Commonwealth, shall be considered to have
18 secured the equivalent of a degree of doctor of medicine for
19 purposes of licensing and practice as a physician in this
20 Commonwealth, provided the other state extends similar
21 privileges and courtesies to graduates of Fifth Pathway Programs
22 offered in this Commonwealth.
23 (f) Any proposed rule or regulation relating to this section
24 shall be submitted to the Chief Clerk of the House of
25 Representatives and the Secretary of the Senate who shall cause
26 the regulations to be printed and distributed among all members
27 of both chambers in the same manner as a reorganization plan. If
28 both bodies fail to act within sixty days of receipt of such
29 regulations, or within ten legislative days after receipt,
30 whichever shall last occur, the rule or regulation adopted by
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1 the board shall be promulgated pursuant to the act of July 31,
2 1968 (P.L.769, No.240), referred to as the Commonwealth
3 Documents Law and 45 Pa.C.S. Part II (relating to publication
4 and effectiveness of Commonwealth documents). If either chamber
5 disapproves any rule or regulation, such information shall be
6 certified by the appropriate presiding officer to the board, and
7 such regulation shall not be promulgated as a final regulation.
8 Section 4. This act shall take effect in 60 days.
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