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        PRIOR PRINTER'S NO. 1987                      PRINTER'S NO. 2063

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1580 Session of 2003


        INTRODUCED BY KENNEY AND OLIVER, JUNE 10, 2003

        AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE
           OF REPRESENTATIVES, AS AMENDED, JUNE 16, 2003

                                     AN ACT

     1  Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
     2     act relating to health care; prescribing the powers and
     3     duties of the Department of Health; establishing and
     4     providing the powers and duties of the State Health
     5     Coordinating Council, health systems agencies and Health Care
     6     Policy Board in the Department of Health, and State Health
     7     Facility Hearing Board in the Department of Justice;
     8     providing for certification of need of health care providers
     9     and prescribing penalties," providing for employment of
    10     health care practitioners.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  The act of July 19, 1979 (P.L.130, No.48), known
    14  as the Health Care Facilities Act, is amended by adding a
    15  section to read:
    16  Section 817.1.  Employment of health care practitioners.
    17     A health care practitioner may practice the healing arts in
    18  any of the following manners:                                     <--
    19         (1)  As an employee of another individual or person,
    20     regardless of the licensure or permit status of the employer
    21     or any person with a legal or an equitable interest in the


     1     employer.
     2         (2)  As an independent contractor with another individual
     3     or person, regardless of the licensure or permit status of
     4     the other party to the contract or any person with a legal or
     5     an equitable interest in the other party. A HEALTH CARE        <--
     6     FACILITY LICENSED PURSUANT TO THIS ACT AS AN EMPLOYEE OR
     7     INDEPENDENT CONTRACTOR. A HEALTH CARE FACILITY SHALL NOT
     8     INTERFERE WITH A HEALTH CARE PRACTITIONER'S PROFESSIONAL
     9     MEDICAL OR ETHICAL JUDGMENT.
    10     Section 2.  This act shall take effect in 60 days.














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