PRINTER'S NO. 1687
No. 1433 Session of 1999
INTRODUCED BY MARKOSEK, CLARK, MELIO, LAUGHLIN, MANDERINO,
RUBLEY, WOJNAROSKI, ROONEY, TRELLO, SOLOBAY, YOUNGBLOOD,
FREEMAN, FRANKEL, THOMAS, TANGRETTI, GEIST, PETRARCA AND
FLICK, MAY 4, 1999
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 4, 1999
AN ACT
1 Amending the act of December 20, 1985 (P.L.457, No.112),
2 entitled "An act relating to the right to practice medicine
3 and surgery and the right to practice medically related acts;
4 reestablishing the State Board of Medical Education and
5 Licensure as the State Board of Medicine and providing for
6 its composition, powers and duties; providing for the
7 issuance of licenses and certificates and the suspension and
8 revocation of licenses and certificates; providing penalties;
9 and making repeals," further providing for the functions of
10 the State Board of Medicine; and providing for termination of
11 practice and for patient records.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 8 of the act of December 20, 1985
15 (P.L.457, No.112), known as the Medical Practice Act of 1985, is
16 amended to read:
17 Section 8. [Regulatory] Duties and powers of the board.
18 (a) Records.--For records transmitted under section 45.1(2),
19 the board shall:
20 (1) maintain adequate storage; and
21 (2) arrange for appropriate release for medical
1 treatment.
2 (b) Regulations.--The board, in the exercise of its duties
3 under this act, shall have the power to adopt such regulations
4 as are reasonably necessary to carry out the purposes of this
5 act. Regulations shall be adopted in conformity with the
6 provisions of the act of July 31, 1968 (P.L.769, No.240),
7 referred to as the Commonwealth Documents Law, and the act of
8 June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
9 Act.
10 Section 2. The act is amended by adding sections to read:
11 Section 45.1. Termination of practice.
12 If a physician terminates practice, the following shall
13 apply:
14 (1) The physician shall, 90 days prior to termination,
15 provide each patient with all of the following:
16 (i) Written notice of the termination of practice.
17 (ii) A copy of the patient's records.
18 (2) For any patient whose records cannot be sent under
19 paragraph (1)(ii), the physician shall send a copy of the
20 records to the board.
21 Section 45.2. Patient privacy.
22 A physician may not release to a person for compensation
23 information about a patient. This section applies to the estate
24 of a deceased physician.
25 Section 3. This act shall take effect in 60 days.
C24L63BIL/19990H1433B1687 - 2 -