1Amending the act of December 20, 1985 (P.L.457, No.112),
2entitled "An act relating to the right to practice medicine
3and surgery and the right to practice medically related acts;
4reestablishing the State Board of Medical Education and
5Licensure as the State Board of Medicine and providing for
6its composition, powers and duties; providing for the
7issuance of licenses and certificates and the suspension and
8revocation of licenses and certificates; providing penalties;
9and making repeals," further providing for definitions; and
10providing for prohibited government action.

11The General Assembly declares its intention to protect the
12health of patients under the care of a licensed health care
13practitioner by ensuring that the practitioner is able to
14communicate freely with patients and exercise the practitioner's
15medical judgment in order to provide the safest and most
16beneficial medical treatment to individual patients.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19Section 1. Section 2 of the act of December 20, 1985
20(P.L.457, No.112), known as the Medical Practice Act of 1985, is
21amended by adding definitions to read:

1Section 2. Definitions.

2The following words and phrases when used in this act shall
3have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5* * *

6"Evidence-based." Proven effective through appropriate
7empirical analysis.

8* * *

9"Medically accurate." Information which is:

10(1) verified or supported by the weight of medical
11research conducted in compliance with accepted scientific
12methods;

13(2) recognized as correct and objective by leading
14medical organizations with relevant expertise; or

15(3) recommended by or affirmed in the medical practice
16guidelines of a nationally recognized accrediting
17organization.

18* * *

19Section 2. The act is amended by adding a section to read:

20Section 20.1. Prohibited government action.

21(a) General rule.--Neither the Commonwealth nor any
22political subdivision of the Commonwealth shall:

23(1) Require a health care practitioner to provide a
24patient with:

25(i) Information that is not medically accurate and
26medically appropriate for the patient.

27(ii) A medical service in a manner that is not
28evidence-based and medically appropriate for the patient.

29(2) Prohibit a health care practitioner from providing a
30patient with:

1(i) Information that is medically accurate and
2medically appropriate for the patient.

3(ii) A medical service that is evidence-based and
4medically appropriate for the patient.

5(b) Construction.--Nothing in this section alters existing
6professional standards of care nor abrogates the duty of a
7health care practitioner to meet the applicable standard of
8care.

9Section 3. This act shall take effect in 60 days.