PRINTER'S NO. 3434
No. 2418 Session of 2002
INTRODUCED BY DeLUCA, BARRAR, BEBKO-JONES, BROWNE, CAPPELLI, M. COHEN, CORRIGAN, COY, CREIGHTON, CRUZ, GRUCELA, HERSHEY, HORSEY, JAMES, JOSEPHS, KELLER, KIRKLAND, LESCOVITZ, MANN, MARKOSEK, MELIO, PALLONE, PISTELLA, PRESTON, READSHAW, ROONEY, SAINATO, SHANER, SOLOBAY, STABACK, STEELMAN, TANGRETTI, E. Z. TAYLOR, THOMAS, TRICH, WALKO AND WASHINGTON, MARCH 14, 2002
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 14, 2002
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," defining "publicly funded health care 10 program"; and further providing for temporary and automatic 11 suspension. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 2 of the act of December 20, 1985 15 (P.L.457, No.112), known as the Medical Practice Act of 1985, is 16 amended by adding a definition to read: 17 Section 2. Definitions. 18 The following words and phrases when used in this act shall 19 have the meanings given to them in this section unless the 20 context clearly indicates otherwise:
1 * * * 2 "Publicly funded health care program." Care or services 3 rendered by a government entity or any facility thereof or 4 health care services for which payment is made directly or 5 indirectly by a government entity, including, but not limited 6 to, Medicare and medical assistance, or by their fiscal 7 intermediary. 8 * * * 9 Section 2. Sections 40(b) and 43(b) of the act are amended 10 to read: 11 Section 40. Temporary and automatic suspensions. 12 * * * 13 (b) Automatic suspensions.--A license or certificate issued 14 under this act shall automatically be suspended upon [the]: 15 (1) The legal commitment to an institution of a licensee 16 or certificate holder because of mental incompetency from any 17 cause upon filing with the board a certified copy of such 18 commitment, conviction of a felony under the act of April 14, 19 1972 (P.L.233, No.64), known as The Controlled Substance, 20 Drug, Device and Cosmetic Act, or conviction of an offense 21 under the laws of another jurisdiction, which, if committed 22 in this Commonwealth, would be a felony under The Controlled 23 Substance, Drug, Device and Cosmetic Act. 24 (2) A felony conviction of a licensee or certificate 25 holder when the conviction is of insurance fraud in 26 connection with a publicly funded health care program. 27 (c) Definition.--As used in this section the term 28 "conviction" shall include a judgment, an admission of guilt or 29 a plea of nolo contendere. Automatic suspension under this 30 subsection shall not be stayed pending any appeal of a 20020H2418B3434 - 2 -
1 conviction. Restoration of such license or certificate shall be 2 made as hereinafter provided in the case of revocation or 3 suspension of such license or certificate. 4 Section 43. Reinstatement of license, certificate or 5 registration. 6 * * * 7 (b) Reinstatement after felony conviction.-- 8 (1) Any person whose license, certificate or 9 registration has been suspended or revoked because of a 10 felony conviction under the act of April 14, 1972 (P.L.233, 11 No.64), known as The Controlled Substance, Drug, Device and 12 Cosmetic Act, or similar law of another jurisdiction, may 13 apply for reinstatement after a period of at least ten years 14 has elapsed from the date of conviction. The board may 15 reinstate the license if the board is satisfied that the 16 person has made significant progress in personal 17 rehabilitation since the conviction such that his 18 reinstatement should not be expected to create a substantial 19 risk of harm to the health and safety of his patients or the 20 public or a substantial risk of further criminal violations 21 and if the person meets all other licensing qualifications of 22 this act, including the examination requirement. 23 (2) Any person whose license, certificate or 24 registration has been suspended because of a felony 25 conviction of insurance fraud in connection with a publicly 26 funded health care program may apply for reinstatement after 27 a period of at least three years has elapsed from the date of 28 conviction. The board may reinstate the license, certificate 29 or registration if the board is satisfied that reinstatement 30 should not be expected to create a substantial risk of 20020H2418B3434 - 3 -
1 further criminal violations and if the person meets all other 2 licensing qualifications of this act, including the 3 examination requirement. 4 Section 3. This act shall take effect in 60 days. B15L63BIL/20020H2418B3434 - 4 -