PRIOR PRINTER'S NOS. 2639, 3270 PRINTER'S NO. 3644
No. 2110 Session of 1991
INTRODUCED BY HARLEY, PETRARCA, DENT, REINARD, ALLEN, FARGO,
FAIRCHILD, NAHILL, FOX, JOSEPHS, BILLOW, KRUSZEWSKI, SCHEETZ,
CLARK, TOMLINSON, CLYMER, WOZNIAK, OLASZ, BATTISTO, LAUGHLIN,
JOHNSON, GERLACH, McHALE, M. N. WRIGHT, LAWLESS, GLADECK,
STETLER, TRELLO, KING, J. TAYLOR, FAJT, KASUNIC, ITKIN,
DeLUCA, FLICK AND GODSHALL, NOVEMBER 12, 1991
AS RE-REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE
OF REPRESENTATIVES, AS AMENDED, MAY 19, 1992
AN ACT
1 Prohibiting the sale of medical records upon termination of a <--
2 medical practice.
3 PROVIDING FOR THE IMPROPER RELEASE OF INFORMATION REGARDING <--
4 PATIENTS OF HEALTH CARE PRACTITIONERS; AND PROVIDING FOR
5 PENALTIES.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sale of medical records prohibited. <--
9 (a) General rule.--A Pennsylvania licensed health care
10 practitioner may not sell medical records upon the termination
11 of a medical practice except as provided in subsection (b).
12 (b) Exception.--A Pennsylvania licensed health care
13 practitioner may sell medical records to another Pennsylvania
14 licensed health care practitioner if that other Pennsylvania
15 licensed health care practitioner is a licensed Pennsylvania
16 health care provider of the same health care discipline who
17 practices in this Commonwealth and if the sale is of a
1 professional business nature.
2 (c) Notice.--No medical records shall be sold without public
3 notice being given within 60 days of closure of the transaction
4 of the sale of the practice in a newspaper of general
5 circulation in the area where the majority of persons reside
6 whose medical records are to be sold.
7 Section 2. Effective date.
8 This act shall take effect in 60 days.
9 SECTION 1. DEFINITIONS. <--
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
11 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
12 CONTEXT CLEARLY INDICATES OTHERWISE:
13 "HEALTH CARE PRACTITIONER." A PHYSICIAN AS DEFINED IN THE
14 ACT OF OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN AS THE
15 OSTEOPATHIC MEDICAL PRACTICE ACT, OR A MEDICAL DOCTOR AS DEFINED
16 BY THE ACT OF DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE
17 MEDICAL PRACTICE ACT OF 1985.
18 SECTION 2. TERMINATION OF PRACTICE.
19 (A) GENERAL RULE.--A HEALTH CARE PRACTITIONER SHALL GIVE
20 WRITTEN NOTICE TO EACH PATIENT NOT LATER THAN 60 DAYS PRIOR TO
21 LEAVING PRACTICE.
22 (B) CONTENT OF NOTICE.--THE NOTICE REQUIRED UNDER SUBSECTION
23 (A) SHALL INCLUDE A STATEMENT THAT THE PATIENT'S RECORDS ARE
24 CONFIDENTIAL AND WILL NOT BE SOLD OR OTHERWISE MADE AVAILABLE TO
25 ANOTHER HEALTH CARE PRACTITIONER IF THE PATIENT OBJECTS. THE
26 NOTICE SHALL ALSO INCLUDE SUCH ADDITIONAL INFORMATION AS THE
27 HEALTH CARE PRACTITIONER DEEMS APPROPRIATE OR AS THE HEALTH CARE
28 PRACTITIONER'S LICENSING BOARD DIRECTS.
29 (C) PUBLICATION.--IN ADDITION TO THE NOTICE REQUIRED UNDER
30 SUBSECTION (A), A HEALTH CARE PRACTITIONER SHALL CAUSE A SIMILAR
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1 NOTICE TO BE PUBLISHED NOT LATER THAN 60 DAYS PRIOR TO LEAVING
2 PRACTICE IN THE SAME MANNER AS NOTICES OF DISCIPLINARY ACTION
3 ARE PUBLISHED IN ACCORDANCE WITH SECTION 810(A)(10) OF THE ACT
4 OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
5 CODE OF 1929.
6 SECTION 3. ESTATES.
7 (A) GENERAL RULE.--THE ESTATE OF A HEALTH CARE PRACTITIONER
8 SHALL GIVE WRITTEN NOTICE TO EACH PATIENT NOT LATER THAN 60 DAYS
9 PRIOR TO SELLING THE PATIENT'S RECORDS OR OTHERWISE MAKING THEM
10 AVAILABLE.
11 (B) CONTENT OF NOTICE.--THE NOTICE REQUIRED UNDER SUBSECTION
12 (A) SHALL INCLUDE A STATEMENT THAT THE PATIENT'S RECORDS ARE
13 CONFIDENTIAL AND WILL NOT BE SOLD OR OTHERWISE MADE AVAILABLE TO
14 ANOTHER HEALTH CARE PRACTITIONER IF THE PATIENT OBJECTS. THE
15 NOTICE SHALL ALSO INCLUDE SUCH ADDITIONAL INFORMATION AS THE
16 ESTATE DEEMS APPROPRIATE OR AS THE DECEASED HEALTH CARE
17 PRACTITIONER'S LICENSING BOARD DIRECTS.
18 (C) PUBLICATION.--IN ADDITION TO THE NOTICE REQUIRED UNDER
19 SUBSECTION (A), THE ESTATE SHALL CAUSE A SIMILAR NOTICE TO BE
20 PUBLISHED NOT LATER THAN 60 DAYS PRIOR TO SELLING THE PATIENT'S
21 RECORDS OR OTHERWISE MAKING THEM AVAILABLE TO ANOTHER HEALTH
22 CARE PRACTITIONER IN THE SAME MANNER AS NOTICES OF DISCIPLINARY
23 ACTION ARE PUBLISHED IN ACCORDANCE WITH SECTION 810(A)(10) OF
24 THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
25 ADMINISTRATIVE CODE OF 1929.
26 SECTION 4. RESTRICTIONS ON TRANSFER.
27 (A) OBJECTION TO PRACTITIONER.--A WRITTEN NOTICE FROM A
28 PATIENT TO A HEALTH CARE PRACTITIONER OBJECTING TO HAVING THE
29 PATIENT'S RECORDS SOLD OR OTHERWISE MADE AVAILABLE TO ANOTHER
30 HEALTH CARE PRACTITIONER SHALL BE SUFFICIENT TO IMPOSE A DUTY ON
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1 THE PATIENT'S HEALTH CARE PRACTITIONER NOT TO SELL OR OTHERWISE
2 MAKE THE RECORDS AVAILABLE TO ANOTHER HEALTH CARE PRACTITIONER
3 IF THE WRITTEN NOTICE IS RECEIVED BY THE HEALTH CARE
4 PRACTITIONER PRIOR TO THE DATE ON WHICH THE HEALTH CARE
5 PRACTITIONER LEAVES PRACTICE OR, IF LATER, PRIOR TO THE DATE ON
6 WHICH THE HEALTH CARE PRACTITIONER SELLS THE RECORDS OR
7 OTHERWISE MAKES THEM AVAILABLE TO ANOTHER HEALTH CARE
8 PRACTITIONER.
9 (B) OBJECTION TO ESTATE.--A WRITTEN NOTICE FROM A PATIENT TO
10 THE ESTATE OF A HEALTH CARE PRACTITIONER OBJECTING TO HAVING THE
11 PATIENT'S RECORDS SOLD OR OTHERWISE MADE AVAILABLE TO ANOTHER
12 HEALTH CARE PRACTITIONER SHALL BE SUFFICIENT TO IMPOSE A DUTY ON
13 THE ESTATE NOT TO SELL OR OTHERWISE MAKE THE RECORDS AVAILABLE
14 TO ANOTHER HEALTH CARE PRACTITIONER IF THE WRITTEN NOTICE IS
15 RECEIVED BY THE ESTATE WITHIN 60 DAYS AFTER NOTICE IS GIVEN
16 UNDER SECTION 3(A), WITHIN 60 DAYS AFTER PUBLICATION UNDER
17 SECTION 3(C) OR PRIOR TO THE DATE ON WHICH THE ESTATE SELLS THE
18 RECORDS OR OTHERWISE MAKES THEM AVAILABLE TO ANOTHER HEALTH CARE
19 PRACTITIONER, WHICHEVER IS LATER.
20 (C) CONSENT REQUIRED FOR PRACTITIONER.--UNLESS THE PATIENT
21 CONSENTS IN WRITING, A HEALTH CARE PRACTITIONER, IN CONJUNCTION
22 WITH LEAVING PRACTICE OR OTHERWISE, SHALL NOT SELL A PATIENT'S
23 RECORDS TO A HEALTH CARE PRACTITIONER OF ANOTHER DISCIPLINE OR
24 SELL A PATIENT'S RECORDS OTHER THAN IN THE COURSE OF A
25 PROFESSIONAL BUSINESS TRANSACTION.
26 (D) CONSENT REQUIRED FOR ESTATE.--UNLESS THE PATIENT
27 CONSENTS IN WRITING, THE ESTATE OF A HEALTH CARE PRACTITIONER
28 SHALL NOT SELL A PATIENT'S RECORDS TO A HEALTH CARE PRACTITIONER
29 OF ANOTHER DISCIPLINE OR SELL A PATIENT'S RECORDS OTHER THAN IN
30 THE COURSE OF A PROFESSIONAL BUSINESS TRANSACTION.
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1 SECTION 5. PENALTY.
2 ANY HEALTH CARE PRACTITIONER AND ANY EXECUTOR OF A HEALTH
3 CARE PRACTITIONER'S ESTATE WHO KNOWINGLY AND INTENTIONALLY SELLS
4 OR MAKES A PATIENT'S RECORDS AVAILABLE IN VIOLATION OF THIS ACT
5 COMMITS A MISDEMEANOR OF THE THIRD DEGREE.
6 SECTION 6. EFFECTIVE DATE.
7 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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