PRINTER'S NO. 261

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 244 Session of 1985


        INTRODUCED BY ITKIN, DORR, PISTELLA, TIGUE, J. L. WRIGHT,
           HALUSKA, PETRARCA, WOZNIAK, COHEN, MRKONIC, SEVENTY, PRESTON,
           TRELLO, CLYMER, SHOWERS, KUKOVICH, RYBAK, D. R. WRIGHT,
           PERZEL, MAIALE, DAWIDA, McVERRY, SEMMEL AND BELARDI,
           FEBRUARY 11, 1985

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, FEBRUARY 11, 1985

                                     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 providing for the definitions of "foreign medical
    13     college" and "clinical clerk"; further establishing standards
    14     for medical training; and making an appropriation.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  Section 2(7) of the act of July 20, 1974
    18  (P.L.551, No.190), known as the Medical Practice Act of 1974, is
    19  amended and a definition is added to read:
    20     Section 2.  Definitions.--As used in this act, the following
    21  terms shall have the following meanings ascribed to them in this
    22  section unless the context clearly determines otherwise:


     1     * * *
     2     (2.1)  "Foreign medical college."  A medical school located
     3  outside the United States and Canada, which is listed by the
     4  World Health Organization, or its successor or which is
     5  otherwise recognized as a medical school by the competent
     6  authorities of the jurisdiction in which it is located.
     7     * * *
     8     (7)  "Clinical clerk."  An undergraduate student in a medical
     9  college, or a qualifying United States citizen who is an
    10  undergraduate student in a foreign medical college, who is
    11  assigned under the auspices of the school in which he is
    12  currently enrolled to make notes upon patient histories [and],
    13  to conduct physical examinations and to perform certain medical
    14  procedures and laboratory tests under supervision of a member of
    15  the hospital staff for the sole purpose of instruction and
    16  experience [or], and who may make notes or patient medical
    17  records which become official only when edited and countersigned
    18  by a member of the hospital staff who is licensed pursuant to
    19  this act. Nothing contained in this act shall be construed to
    20  entitle a clinical clerk to practice medicine and surgery or to
    21  prescribe drugs or to practice medicine beyond that which is
    22  authorized by this section.
    23     * * *
    24     Section 2.  Section 5(c) of the act is amended to read:
    25     Section 5.  Standards for Medical Training and Facilities.--
    26  * * *
    27     (c)  Any medical institutions empowered by the Commonwealth
    28  to confer academic degrees in medicine which in the judgment of
    29  the board: (i) fail to provide proper facilities[, or]; (ii)
    30  fail to maintain the minimum requirements for accreditation; or
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     1  (iii) discriminate in any way against a hospital which
     2  participates in a clinical clerkship program with a foreign
     3  medical college shall be duly notified of such failure or
     4  discrimination. Until such deficiencies or acts of
     5  discrimination are corrected, graduates of such institutions
     6  shall be ineligible for licensure and/or graduate medical
     7  training.
     8     Section 3.  The act is amended by adding a section to read:
     9     Section 6.2.  Foreign Medical Students Serving Clinical
    10  Clerkships.--(a)  Each undergraduate student enrolled in a
    11  foreign medical college shall, as a prerequisite to serving as a
    12  clinical clerk in a Pennsylvania hospital:
    13     (1)  Obtain a satisfactory score on the medical sciences
    14  knowledge profile examination, or other examination approved by
    15  the board.
    16     (2)  Have successfully completed at least two years
    17  undergraduate training in an eligible foreign medical college.
    18     (b)  Nothing contained in this section shall be construed to
    19  prohibit foreign medical students who are registered, on a
    20  temporary basis, in a medical college from serving as clinical
    21  clerks in Pennsylvania hospitals under a clinical clerkship
    22  program maintained as part of the undergraduate curriculum of
    23  the medical college in which the foreign medical student is
    24  temporarily registered.
    25     (c)  It is the intent of the General Assembly that the
    26  provisions of this section be construed liberally in order to
    27  ensure the establishment of an accessible, viable program
    28  through which United States citizens who are students enrolled
    29  in foreign medical schools may obtain clinical training in
    30  Pennsylvania hospitals.
    19850H0244B0261                  - 3 -

     1     Section 4.  The sum of $500,000, or as much thereof as may be
     2  necessary is specifically appropriated to the Department of
     3  Education for the fiscal year July 1, 1985, to June 30, 1986,
     4  for payment to qualified teaching hospitals at a rate of $10,000
     5  per student who is a citizen of the United States of America and
     6  a legal resident of Pennsylvania immediately prior to entering a
     7  foreign medical school for a one year "fifth pathway" program.
     8  In the event a teaching hospital requires a program of more than
     9  one year's duration for one or more of its "fifth pathway"
    10  students, it shall be the responsibility of the student and/or
    11  the teaching hospital to assume all further costs. Exhaustion of
    12  the appropriation provided for in this section shall not prevent
    13  any teaching hospital from accepting resident or nonresident
    14  students for participation in the "fifth pathway" program:
    15  Provided, however, That after exhaustion of the appropriation it
    16  shall be the responsibility of the student and/or the teaching
    17  hospital to assume all costs of such program.
    18     Section 5.  This act shall take effect in 60 days.








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