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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2612, 3013, 3223         PRINTER'S NO. 4112

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1804 Session of 2007


        INTRODUCED BY YUDICHAK, SOLOBAY, K. SMITH, SIPTROTH, PYLE,
           BARRAR, GEORGE, GRUCELA, HARKINS, HENNESSEY, JOSEPHS,
           LONGIETTI, McILVAINE SMITH, PETRONE, THOMAS, WOJNAROSKI,
           YOUNGBLOOD, MURT, KILLION, HORNAMAN, FABRIZIO AND JAMES,
           OCTOBER 15, 2007

        SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JUNE 28, 2008

                                     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 definitions and
    10     for the State Board of Medicine; providing for jointly
    11     promulgated regulations; and further providing for PHYSICIAN   <--
    12     ASSISTANTS, FOR respiratory care practitioners, FOR            <--
    13     PHYSICIANS ASSISTANTS LICENSE and for respiratory care
    14     practitioner certificates and permits.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  The definitions of "board regulated practitioner"
    18  and "respiratory care practitioner" in section 2 of the act of
    19  December 20, 1985 (P.L.457, No.112), known as the Medical
    20  Practice Act of 1985, amended or added July 2, 1993 (P.L.424,
    21  No.60) and December 10, 2001 (P.L.859, No.92), are amended to


     1  read:
     2  Section 2.  Definitions.
     3     The following words and phrases when used in this act shall
     4  have the meanings given to them in this section unless the
     5  context clearly indicates otherwise:
     6     * * *
     7     "Board regulated practitioner."  A medical doctor, midwife,
     8  physician assistant, respiratory [care practitioner] therapist,
     9  certified athletic trainer or drugless therapist or an applicant
    10  for a license or certificate the board may issue.
    11     * * *
    12     "Respiratory [care practitioner] therapist."  An individual
    13  who is [certified] licensed to practice respiratory care by the
    14  State Board of Medicine.
    15     * * *
    16     Section 2.  Section 3(a) and (b) of the act, amended July 2,   <--
    17  1993 (P.L.424, No.60) and December 10, 2001 (P.L.859, No.92)
    18  JUNE 11, 2008 (P.L.154, NO.19), are amended to read:              <--
    19  Section 3.  State Board of Medicine.
    20     (a)  Establishment.--The State Board of Medicine shall
    21  consist of the commissioner or his designee, the Secretary of
    22  Health or his designee, two members appointed by the Governor
    23  who shall be persons representing the public at large and seven
    24  members appointed by the Governor, six of whom shall be medical
    25  doctors with unrestricted licenses to practice medicine and
    26  surgery in this Commonwealth for five years immediately
    27  preceding their appointment and one who shall be a nurse
    28  midwife, physician assistant, certified registered nurse
    29  practitioner, respiratory [care practitioner] therapist, or       <--
    30  certified athletic trainer OR PERFUSIONIST licensed or certified  <--
    20070H1804B4112                  - 2 -     

     1  under the laws of this Commonwealth. All professional and public
     2  members of the board shall be appointed by the Governor, with
     3  the advice and consent of a majority of the members elected to
     4  the Senate.
     5     (b)  Terms of office.--The term of each professional and
     6  public member of the board shall be four years or until his or
     7  her successor has been appointed and qualified, but not longer
     8  than six months beyond the four-year period. In the event that
     9  any of said members shall die or resign or otherwise become
    10  disqualified during his or her term, a successor shall be
    11  appointed in the same way and with the same qualifications and
    12  shall hold office for the unexpired term. No member shall be
    13  eligible for appointment to serve more than two consecutive
    14  terms. The Governor shall assure that nurse midwives, physician
    15  assistants, certified registered nurse practitioners,             <--
    16  PERFUSIONISTS and respiratory [care practitioners] therapists
    17  are appointed to four-year terms on a rotating basis so that, of
    18  every four appointments to a four-year term, one is a nurse
    19  midwife, one is a physician assistant, one is a certified
    20  registered nurse practitioner and one is a respiratory [care
    21  practitioner] therapist.
    22     * * *
    23     Section 3.  The act is amended by adding a section to read:
    24  Section 8.1.  Jointly promulgated regulations.
    25     The State Board of Medicine and the State Board of
    26  Osteopathic Medicine shall jointly promulgate regulations
    27  implementing sections 13.1 and 36.1, relating to the licensure
    28  and practice of respiratory therapists.
    29     SECTION 4.  SECTION 13 OF THE ACT IS AMENDED BY ADDING         <--
    30  SUBSECTIONS TO READ:
    20070H1804B4112                  - 3 -     

     1  SECTION 13.  PHYSICIAN ASSISTANTS.
     2     * * *
     3     (C.1)  EXCEPT AS LIMITED BY SUBSECTION (C.2), AND IN ADDITION
     4  TO EXISTING AUTHORITY, A PHYSICIAN ASSISTANT SHALL HAVE
     5  AUTHORITY TO DO ALL OF THE FOLLOWING, PROVIDED THAT THE
     6  PHYSICIAN ASSISTANT IS ACTING WITHIN THE SUPERVISION AND
     7  DIRECTION OF THE SUPERVISING PHYSICIAN:
     8     (1)  ORDER DURABLE MEDICAL EQUIPMENT.
     9     (2)  ISSUE ORAL ORDERS TO THE EXTENT PERMITTED BY A HEALTH
    10  CARE FACILITY'S BYLAWS, RULES, REGULATIONS OR ADMINISTRATIVE
    11  POLICIES AND GUIDELINES.
    12     (3)  ORDER PHYSICAL THERAPY AND DIETITIAN REFERRALS.
    13     (4)  ORDER RESPIRATORY AND OCCUPATIONAL THERAPY REFERRALS.
    14     (5)  PERFORM DISABILITY ASSESSMENTS FOR THE PROGRAM PROVIDING
    15  TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF).
    16     (6)  ISSUE HOMEBOUND SCHOOLING CERTIFICATIONS.
    17     (7)  PERFORM AND SIGN THE INITIAL ASSESSMENT OF METHADONE
    18  TREATMENT EVALUATIONS IN ACCORDANCE WITH FEDERAL AND STATE LAW
    19  AND REGULATIONS, PROVIDED THAT ANY ORDER FOR METHADONE TREATMENT
    20  SHALL BE MADE ONLY BY A PHYSICIAN.
    21     (C.2)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
    22     (1)  SUPERSEDE THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND
    23  THE DEPARTMENT OF PUBLIC WELFARE TO REGULATE THE TYPES OF HEALTH
    24  CARE PROFESSIONALS WHO ARE ELIGIBLE FOR MEDICAL STAFF MEMBERSHIP
    25  OR CLINICAL PRIVILEGES.
    26     (2)  RESTRICT THE AUTHORITY OF A HEALTH CARE FACILITY TO
    27  DETERMINE THE SCOPE OF PRACTICE AND SUPERVISION OR OTHER
    28  OVERSIGHT REQUIREMENTS FOR HEALTH CARE PROFESSIONALS PRACTICING
    29  WITHIN THE FACILITY.
    30     * * *
    20070H1804B4112                  - 4 -     

     1     Section 4 5.  Section 13.1 of the act, added July 2, 1993      <--
     2  (P.L.424, No.60), is amended to read:
     3  Section 13.1.  Respiratory [care practitioners] therapists.
     4     [(a)  Certificate required.--Eighteen months after the
     5  effective date of this section, it shall be unlawful for any
     6  person to hold himself out to the public as a respiratory care
     7  practitioner and to practice or offer to practice respiratory
     8  care unless he holds a valid, current temporary permit or
     9  certificate issued by the board.
    10     (b)  Use of title.--A respiratory care practitioner who holds
    11  a valid, current temporary permit or certificate issued by the
    12  board may use the title respiratory care practitioner or
    13  respiratory care practitioner-certified or an appropriate
    14  abbreviation of that title such as "R.C.P." or "R.C.P.-C."]
    15     (a)  Qualifications.--An individual shall be eligible to
    16  apply for licensure as a respiratory therapist if that
    17  individual satisfies all of the following:
    18         (1)  Submits evidence satisfactory to the board, on forms
    19     approved by the board, that the applicant has met one or more
    20     of the following criteria:
    21             (i)  Has graduated from a respiratory care program
    22         approved by the Committee on Accreditation for
    23         Respiratory Care and passed the Certified Respiratory
    24         Therapist Examination as determined by the National Board
    25         for Respiratory Care.
    26             (ii)  Holds a valid license, certificate or
    27         registration as a respiratory therapist in another state,
    28         territory or the District of Columbia which has been
    29         issued based on requirements substantially similar to
    30         those required by the Commonwealth, including having
    20070H1804B4112                  - 5 -     

     1         successfully passed the entry level examination.
     2         (2)  Has paid a licensure fee as established by the board
     3     by regulation.
     4         (3)  Has proved to the satisfaction of the board that the
     5     individual is of good moral character, and is not unfit or
     6     unable to practice as a respiratory therapist by reason of
     7     physical or mental impairment.
     8     (a.1)  License required.--It shall be unlawful for any
     9  individual to hold himself out to the public as a respiratory
    10  therapist or to practice or offer to practice respiratory
    11  therapy unless the individual holds a valid, current license
    12  issued by the board or the State Board of Osteopathic Medicine.
    13     (a.2)  Use of title.--It shall be unlawful for an individual
    14  to use the title of "licensed respiratory therapist" or to use
    15  the letters "LRT" or "RT" or to hold oneself out as a licensed
    16  respiratory therapist unless that individual is licensed to
    17  practice respiratory care as provided under this act or the act
    18  of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic
    19  Medical Practice Act.
    20     (b)  Licensure without examination.--For a period of two
    21  years following the effective date of this act, an individual
    22  shall be eligible to apply for licensure without examination if
    23  the individual meets the qualifications for licensure under
    24  subsection (a) and holds valid certification as a respiratory
    25  care practitioner as issued by the board or the State Board of
    26  Osteopathic Medicine.
    27     (c)  Regulations.--The board is authorized to promulgate
    28  regulations to implement this section.
    29     (d)  Supervision and scope of practice.--A respiratory [care
    30  practitioner certified] therapist licensed by the board may
    20070H1804B4112                  - 6 -     

     1  implement direct respiratory care to an individual being treated
     2  by either a licensed medical doctor or a licensed doctor of
     3  osteopathic medicine upon [physician] prescription or referral    <--
     4  BY A PHYSICIAN, CERTIFIED REGISTERED NURSE PRACTITIONER OR        <--
     5  PHYSICIAN ASSISTANT, or under medical direction and approval
     6  consistent with standing orders or protocols of an institution
     7  or health care facility. This care may constitute indirect
     8  services such as consultation or evaluation of an individual and
     9  also includes, but is not limited to, the following services:
    10         (1)  Administration of medical gases.
    11         (2)  Humidity and aerosol therapy.
    12         (3)  Administration of aerosolized medications.
    13         (4)  Intermittent positive pressure breathing.
    14         (5)  Incentive spirometry.
    15         (6)  Bronchopulmonary hygiene.
    16         (7)  Management and maintenance of natural airways.
    17         (8)  Maintenance and insertion of artificial airways.
    18         (9)  Cardiopulmonary rehabilitation.
    19         (10)  Management and maintenance of mechanical
    20     ventilation.
    21         (11)  Measurement of ventilatory flows, volumes and
    22     pressures.
    23         (12)  Analysis of ventilatory gases and blood gases.
    24     (e)  Exemptions.--This section shall not prevent or restrict
    25  the practices, services or activities of:
    26         (1)  A person licensed or certified in this Commonwealth
    27     to provide another health care service, including, but not
    28     limited to, physicians, physical therapists, chiropractors,
    29     nurses, dentists, physician assistants and podiatrists.
    30         (2)  A person rendering respiratory care services
    20070H1804B4112                  - 7 -     

     1     pursuant to employment by a Federal agency.
     2         (3)  A person pursuing a course of study leading to a
     3     degree or certificate in respiratory care in an accredited
     4     educational program, if he is clearly designated as a student
     5     and provides care under supervision implemented through that
     6     program.
     7         (4)  A person executing or conveying medical orders
     8     pursuant to lawful delegation by a physician.
     9         (5)  A person who, pursuant to lawful delegation by a
    10     physician, delivers, installs, monitors or maintains a device
    11     which enables an individual to self-administer respiratory
    12     care.
    13         (6)  A person qualified by academic and clinical
    14     education to operate extracorporeal circulation equipment in
    15     a medical or surgical setting which requires support to or
    16     the temporary replacement of a patient's circulatory or
    17     respiratory functions.
    18     (f)  Referrals to State Board of Osteopathic Medicine.--
    19  Information or allegations filed with the board against a
    20  respiratory [care practitioner certified] therapist licensed by
    21  the State Board of Osteopathic Medicine shall be referred to
    22  that board for appropriate action.
    23     SECTION 6.  SECTION 36 OF THE ACT, AMENDED DECEMBER 9, 2002    <--
    24  (P.L.1344, NO.160), IS AMENDED TO READ:
    25  SECTION 36.  PHYSICIAN ASSISTANT LICENSE.
    26     (A)  GENERAL RULE.--A PHYSICIAN ASSISTANT LICENSE EMPOWERS
    27  THE HOLDER TO ASSIST A MEDICAL DOCTOR IN THE PROVISION OF
    28  MEDICAL CARE AND SERVICES UNDER THE SUPERVISION AND DIRECTION OF
    29  THAT MEDICAL DOCTOR AS PROVIDED IN THIS ACT.
    30     (B)  REQUIREMENTS.--NO PHYSICIAN ASSISTANT LICENSE MAY BE
    20070H1804B4112                  - 8 -     

     1  ISSUED TO THE APPLICANT UNLESS THE REQUIREMENTS SET FORTH BY
     2  THIS ACT AND SUCH RULES AND REGULATIONS ISSUED BY THE BOARD ARE
     3  MET, INCLUDING REQUIREMENTS FOR THE PHYSICIAN ASSISTANT TRAINING
     4  AND EDUCATIONAL PROGRAMS WHICH SHALL BE FORMULATED BY THE BOARD
     5  IN ACCORDANCE WITH SUCH NATIONAL CRITERIA AS ARE ESTABLISHED BY
     6  NATIONAL ORGANIZATIONS OR SOCIETIES AS THE BOARD MAY ACCEPT.
     7     (C)  CRITERIA.--THE BOARD SHALL GRANT PHYSICIAN ASSISTANT
     8  LICENSES TO APPLICANTS WHO HAVE FULFILLED THE FOLLOWING
     9  CRITERIA:
    10         (1)  SATISFACTORY PERFORMANCE ON THE PROFICIENCY
    11     EXAMINATION TO THE EXTENT THAT A PROFICIENCY EXAMINATION
    12     EXISTS.
    13         (2)  SATISFACTORY COMPLETION OF A CERTIFIED PROGRAM FOR
    14     THE TRAINING AND EDUCATION OF PHYSICIAN ASSISTANTS.
    15         (3)  FOR CANDIDATES FOR INITIAL LICENSURE AFTER JANUARY
    16     1, 2004, OBTAINMENT OF A BACCALAUREATE OR HIGHER DEGREE FROM
    17     A COLLEGE OR UNIVERSITY AND COMPLETION OF NOT LESS THAN 60
    18     CLOCK HOURS OF DIDACTIC INSTRUCTION IN PHARMACOLOGY OR OTHER
    19     RELATED COURSES AS THE BOARD MAY APPROVE BY REGULATION.
    20     (D)  BIENNIAL RENEWAL.--A PHYSICIAN ASSISTANT LICENSE SHALL
    21  BE SUBJECT TO BIENNIAL RENEWAL BY THE BOARD. AS PART OF BIENNIAL
    22  RENEWAL, A PHYSICIAN ASSISTANT SHALL COMPLETE CONTINUING MEDICAL
    23  EDUCATION AS REQUIRED BY THE NATIONAL COMMISSION ON
    24  CERTIFICATION OF PHYSICIAN ASSISTANTS.
    25     (E)  DESCRIPTION OF MANNER OF ASSISTANCE.--THE APPLICATION
    26  SHALL INCLUDE A WRITTEN REQUEST FROM THE APPLICANT'S SUPERVISING
    27  MEDICAL DOCTOR WHO SHALL FILE WITH THE BOARD A DESCRIPTION OF
    28  THE MANNER IN WHICH THE PHYSICIAN ASSISTANT WILL ASSIST THE
    29  SUPERVISING MEDICAL DOCTOR, WHICH DESCRIPTION SHALL BE SUBJECT
    30  TO THE APPROVAL OF THE BOARD.
    20070H1804B4112                  - 9 -     

     1     (F)  PROFESSIONAL LIABILITY.--
     2         (1)  A LICENSED PHYSICIAN ASSISTANT IN THIS COMMONWEALTH
     3     SHALL MAINTAIN A LEVEL OF PROFESSIONAL LIABILITY INSURANCE
     4     COVERAGE IN THE MINIMUM AMOUNT OF $1,000,000 PER OCCURRENCE
     5     OR CLAIMS MADE. FAILURE TO MAINTAIN INSURANCE COVERAGE AS
     6     REQUIRED SHALL SUBJECT THE LICENSEE TO DISCIPLINARY
     7     PROCEEDINGS. THE BOARD SHALL ACCEPT FROM PHYSICIAN ASSISTANTS
     8     AS SATISFACTORY EVIDENCE OF INSURANCE COVERAGE ANY OF THE
     9     FOLLOWING:
    10             (I)  SELF-INSURANCE;
    11             (II)  PERSONALLY PURCHASED LIABILITY INSURANCE; OR
    12             (III)  PROFESSIONAL LIABILITY INSURANCE COVERAGE
    13         PROVIDED BY THE PHYSICIAN ASSISTANT'S EMPLOYER OR SIMILAR
    14         INSURANCE COVERAGE ACCEPTABLE TO THE BOARD.
    15         (2)  A LICENSE APPLICANT SHALL PROVIDE PROOF THAT THE
    16     APPLICANT HAS OBTAINED PROFESSIONAL LIABILITY INSURANCE IN
    17     ACCORDANCE WITH PARAGRAPH (1). IT IS SUFFICIENT IF THE
    18     APPLICANT FILES WITH THE APPLICATION A COPY OF A LETTER FROM
    19     THE APPLICANT'S PROFESSIONAL LIABILITY INSURANCE CARRIER
    20     INDICATING THAT THE APPLICANT WILL BE COVERED AGAINST
    21     PROFESSIONAL LIABILITY IN THE REQUIRED AMOUNTS EFFECTIVE UPON
    22     THE ISSUANCE OF THE APPLICANT'S LICENSE TO PRACTICE AS A
    23     PHYSICIAN ASSISTANT IN THIS COMMONWEALTH. UPON ISSUANCE OF
    24     THE LICENSE, THE LICENSEE HAS 30 DAYS TO SUBMIT TO THE BOARD
    25     THE CERTIFICATE OF INSURANCE OR A COPY OF THE POLICY
    26     DECLARATION PAGE.
    27     Section 5 7.  Section 36.1 of the act, amended or added July   <--
    28  2, 1993 (P.L.424, No.60) and July 2, 2004 (P.L.484, No.55), is
    29  amended to read:
    30  Section 36.1.  Respiratory [care practitioner certificates]
    20070H1804B4112                 - 10 -     

     1                 therapist licenses and permits.
     2     (a)  General rule.--A respiratory [care practitioner
     3  certificate] therapist license issued by the board empowers the
     4  holder to practice respiratory care under the supervision of a
     5  licensed medical doctor or a licensed doctor of osteopathic
     6  medicine. In a health care facility, that supervision may
     7  consist of standing orders or protocols approved by the
     8  institution, consistent with acceptable and prevailing medical
     9  standards, which may include services rendered directly to the
    10  patient in his home or other residence.
    11     (b)  Temporary permits.--The board shall issue temporary
    12  permits for the practice of respiratory care to individuals who
    13  have applied for [certification] licensure from the board and
    14  who meet any of the following requirements:
    15         (1)  Graduation from an accredited respiratory care
    16     training program recognized by the board.
    17         (2)  Enrollment in an accredited respiratory care
    18     training program recognized by the board, if the individual
    19     is expected to graduate within 30 days from the date of
    20     application.
    21         (3)  [Designation as a "Certified Respiratory Therapist"
    22     or a "Registered Respiratory Therapist" by a nationally
    23     recognized credentialing agency approved by the board.
    24         (4)  Continuous provision of respiratory care services
    25     for a minimum of 12 months immediately preceding the
    26     effective date of this section.
    27         (5)  Holding certification, licensure or registration as
    28     a respiratory care practitioner issued by another state, the
    29     District of Columbia or a territory of the United States,
    30     where the requirements for licensure, registration or
    20070H1804B4112                 - 11 -     

     1     certification are substantially similar to those required by
     2     the board.] Recognition as a credentialed respiratory
     3     therapist as approved by the board.
     4     (c)  Duration and effect of temporary permits.--Temporary
     5  permits shall be valid for a period of 12 months and for such
     6  additional period as the board may, in each case, specially
     7  determine, except that a temporary permit shall expire if the
     8  holder fails the examination. An appropriate fee for a temporary
     9  permit shall be established by the board by regulation. If [he]
    10  the temporary permit holder is not in violation of any other
    11  provision of this act, a holder of a temporary permit qualifies
    12  for admission to the examination and shall apply for the next
    13  regularly scheduled [certification] licensure examination
    14  administered by the board. The board is authorized to promulgate
    15  regulations to establish procedures for application, credentials
    16  verification, examination and [certification] licensure,
    17  together with appropriate fees.
    18     (d)  Examination.--Pursuant to section 812.1 of the act of
    19  April 9, 1929 (P.L.177, No.175), known as The Administrative
    20  Code of 1929, the board shall contract for the development and
    21  administration of an examination for the [certification]
    22  licensure of respiratory [care practitioners. At least one
    23  administration of this examination shall be given within 12
    24  months of the effective date of this section, and the]
    25  therapists. The examination shall [thereafter] be given at least
    26  twice per year. [An individual qualifying for a temporary permit
    27  under subsection (b)(5) shall be issued a certificate by the
    28  board without examination. An individual qualifying for a
    29  temporary permit under subsection (b)(3) shall be issued a
    30  certificate by the board without examination if the individual
    20070H1804B4112                 - 12 -     

     1  passed an examination in order to obtain designation as a
     2  "Certified Respiratory Therapy Technician" or a "Registered
     3  Respiratory Therapist" and that examination was comparable to
     4  the examination developed and administered pursuant to this
     5  subsection.]
     6     (e)  Biennial renewal.--A respiratory [care practitioner
     7  certificate] therapist license shall be renewed biennially upon
     8  application on a form prescribed by the board and upon payment
     9  of a renewal fee adopted by the board by regulation.
    10     (f)  Continuing education.--
    11         (1)  The board shall adopt, promulgate and enforce rules
    12     and regulations consistent with the provisions of this act
    13     establishing requirements of continuing education to be met
    14     by individuals holding [certification] licensure as
    15     respiratory [care practitioners] therapists under this act as
    16     a condition [for certificate] of biennial license renewal.
    17     The regulations shall include any fees necessary for the
    18     board to carry out its responsibilities under this section.
    19         (2)  Beginning with the [license period designated by
    20     regulation, certificate] first biennial license renewal
    21     period following promulgation of regulations, license holders
    22     shall be required to attend and complete [20] 30 hours of
    23     mandatory continuing education during each two-year
    24     [certificate] license period. At least one credit hour shall
    25     be in ethics, and one credit hour shall be in patient safety.
    26         (3)  An individual applying for the first time for
    27     [certification] licensure in this Commonwealth shall be
    28     exempted from the continuing education requirement for the
    29     biennial renewal period [following initial certification] in
    30     which licensure is obtained.
    20070H1804B4112                 - 13 -     

     1         (4)  [The board may waive all or a portion of the
     2     continuing education requirement for biennial renewal for a
     3     certificate holder who shows to the satisfaction of the board
     4     that he or she was unable to complete the requirements due to
     5     serious illness, military service or other demonstrated
     6     hardship. The request shall be made in writing, with
     7     appropriate documentation, and shall include a description of
     8     circumstances sufficient to show why the certificate holder
     9     is unable to comply with the continuing education
    10     requirement. Waiver requests shall be evaluated by the board
    11     on a case-by-case basis. The board shall send the certificate
    12     holder written notification of its approval or denial of a
    13     waiver request.] The board shall, by regulation, provide for
    14     the waiver of continuing education requirements in case of
    15     illness, hardship and armed services duties. A request for
    16     waiver shall be evaluated on a case-by-case basis.
    17         (5)  A [certificate holder] licensee seeking to reinstate
    18     an inactive or lapsed [certificate] license shall show proof
    19     of compliance with the continuing education requirement for
    20     the preceding biennium.
    21         (6)  All courses, locations, instructors and providers
    22     shall be approved by the board. No credit shall be given for
    23     any course in office management or practice building.
    24         [(7)  The board shall initiate the promulgation of
    25     regulations to carry out the provisions of this section
    26     within one year of the effective date of this section.]
    27     Section 6 8.  (A)  The State Board of Osteopathic Medicine     <--
    28  and the State Board of Medicine shall jointly promulgate
    29  regulations to implement the amendment or addition of sections
    30  2, 3(a) and (b), 8.1, 13.1 and 36.1 of the act within 18 months
    20070H1804B4112                 - 14 -     

     1  of the effective date of this section.
     2     (B)  THE STATE BOARD OF MEDICINE, THE DEPARTMENT OF PUBLIC     <--
     3  WELFARE AND THE DEPARTMENT OF HEALTH SHALL PROMULGATE
     4  REGULATIONS TO IMPLEMENT THE ADDITION OF SECTION 13(C.1) AND
     5  (C.2) OF THE ACT WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS
     6  SECTION.
     7     SECTION 9.  THE FOLLOWING ACTS ARE REPEALED INSOFAR AS THEY
     8  ARE INCONSISTENT WITH THE ADDITION OF SECTION 13(C.1) AND (C.2)
     9  OF THE ACT:
    10         (1)  SECTION 9(A) OF THE ACT OF OCTOBER 10, 1975
    11     (P.L.383, NO.110), KNOWN AS THE PHYSICAL THERAPY PRACTICE
    12     ACT.
    13         (2)  SECTION 14 OF THE ACT OF JUNE 15, 1982 (P.L.502,
    14     NO.140), KNOWN AS THE OCCUPATIONAL THERAPY PRACTICE ACT.
    15     Section 7 10.  This act shall take effect as follows:          <--
    16         (1)  This section shall take effect immediately.
    17         (2)  Section 6 8 of this act shall take effect             <--
    18     immediately.
    19         (3)  The remainder of this act shall take effect in 60
    20     days.







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