PRINTER'S NO. 723
No. 679 Session of 1997
INTRODUCED BY CORMAN, SALVATORE, MOWERY, AFFLERBACH, RHOADES,
MUSTO, GERLACH, PUNT, O'PAKE, WILLIAMS, COSTA AND MURPHY,
MARCH 13, 1997
REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 13, 1997
AN ACT
1 Providing for treatment of psychological problems in health care
2 facilities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Psychologists
7 Continuity of Care Act.
8 Section 2. Declaration of policy.
9 The General Assembly finds and declares as follows:
10 (1) The practice of psychology in this Commonwealth is
11 recognized as an independent health profession appropriately
12 regulated and prescribed by the State Board of Psychology,
13 and the interests of the people of this Commonwealth demand
14 that all appropriate resources, including inpatient
15 facilities, be available to assist in the diagnosis,
16 prevention, treatment and amelioration of psychological
17 problems and emotional and mental disorders by psychologists.
1 (2) The treatment of the psychological problems of
2 citizens of this Commonwealth will be enhanced in some cases
3 by temporary hospitalization, and psychologists must be
4 recognized as eligible for clinical privileges to practice
5 independently in a hospital setting.
6 (3) It is therefore the intent of the General Assembly
7 to authorize and encourage licensed health care facilities,
8 premised upon individual determinations by the facilities, to
9 make services of psychologists available in inpatient
10 settings by conferring membership on the medical or
11 professional staff and clinical privileges to psychologists
12 consistent with their qualifications and licensure.
13 Section 3. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Clinical privileges." The authority to provide patient care
18 independently, including, but not limited to, psychological
19 assessments, psychotherapy, consultation, admission and
20 discharge procedures and other privileges consistent with
21 section 7.
22 "Health care facility." A general or special hospital or any
23 inpatient, outpatient or partial hospital program or health care
24 facility licensed by the Commonwealth.
25 "Physician." A medical doctor or doctor of osteopathy.
26 "Psychologist." A person who is licensed in accordance with
27 the provisions of the act of March 23, 1972 (P.L.136, No.52),
28 known as the Professional Psychologists Practice Act.
29 Section 4. Appointment to staff of health care facility.
30 The bylaws of any health care facility may provide for the
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1 appointment of a psychologist as a member of the medical or
2 professional staff on such terms and conditions as the facility
3 shall reasonably establish. Each psychologist accepted on the
4 staff shall be qualified for membership and the exercise of the
5 specific clinical privileges granted to that psychologist. The
6 staff of any facility shall define in its bylaws the
7 requirements for admission to staff membership of a psychologist
8 and for the delineation and retention of clinical privileges by
9 a psychologist. Psychologists shall be eligible to hold
10 membership and serve on committees of the medical or
11 professional staffs and may possess clinical privileges and
12 carry professional responsibilities consistent with the scope of
13 their licensure and their competence, subject to the reasonable
14 rules of the facility. Members of the medical staff and those
15 granted clinical privileges shall currently hold licenses to
16 practice in this Commonwealth.
17 Section 5. Standards for granting staff membership and clinical
18 privileges.
19 (a) Criteria.--The conferring of staff membership and
20 delineation of clinical privileges shall be determined on an
21 individual basis commensurate with an applicant's education,
22 training, experience and demonstrated current competence in
23 accordance with the bylaws of the medical and professional
24 staff. In implementing these criteria, the staff shall formulate
25 and apply reasonable nondiscriminatory standards for the
26 evaluation of an applicant's credentials. An applicant may not
27 be denied medical staff privileges on the basis of sex, race,
28 color, creed or national origin or on the basis of any other
29 criterion lacking professional or ethical justification. As part
30 of the overall responsibility for the operation of a health care
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1 facility, the governing body, or persons designated by it, shall
2 ensure that decisions on staff membership and clinical
3 privileges be based on an objective evaluation of an applicant's
4 credentials free of anticompetitive intent or purposes. Whenever
5 possible, the credentials committee and other staff who evaluate
6 and determine an applicant's qualifications for staff membership
7 and clinical privileges under this act shall include members of
8 the applicant's profession.
9 (b) Hearing requirement.--No health care facility may deny
10 an application by a psychologist for staff membership, clinical
11 privileges or reappointment or modify, suspend or revoke such
12 membership or privileges without providing the psychologist with
13 a fair hearing and a mechanism for review upon request by the
14 psychologist. Each health care facility shall provide for a fair
15 hearing and review process for psychologists in its bylaws.
16 (c) Clinical privileges.--The exercise of clinical
17 privileges in any health care facility may be limited,
18 restricted or revoked for reasons including, but not limited to,
19 violations of the rules, regulations or administrative
20 procedures of the facility which are applied in good faith and
21 in a nondiscriminatory manner to all practitioners appointed to
22 the staff or granted clinical privileges by the facility.
23 Section 6. Status of present psychologist staff members and
24 employees.
25 Nothing in this act shall prohibit a psychologist who is
26 currently an allied staff member or an employee of a health care
27 facility from continuing to work or practice in that capacity.
28 Section 7. Medical coverage.
29 (a) Patient evaluation and management.--Whenever a
30 psychologist may have the responsibility for the hospitalization
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1 or treatment of a patient with mental illness, that psychologist
2 or the health care facility shall, prior to or at the time of
3 admission, identify an appropriate physician with privileges at
4 the facility who shall be responsible for medical evaluation and
5 medical management of the patient for the duration of the
6 hospitalization or treatment. The psychologist responsible for
7 the admission shall be responsible for all other evaluation and
8 management of the patient.
9 (b) Scope.--Nothing in this act shall modify or qualify the
10 responsibility of a physician to provide medical evaluation of
11 or medical management for mentally disabled persons within
12 health care facilities. Further, nothing in this act shall
13 authorize any staff member to practice beyond the scope of his
14 current license.
15 Section 8. Effective date.
16 This act shall take effect in 60 days.
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