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SENATE AMENDED
PRIOR PRINTER'S NO. 502
PRINTER'S NO. 2699
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
478
Session of
2017
INTRODUCED BY PICKETT, BAKER, CALTAGIRONE, D. COSTA, MILLARD,
MILNE, WATSON, KORTZ AND DAVIS, FEBRUARY 14, 2017
SENATOR BAKER, HEALTH AND HUMAN SERVICES, IN SENATE, AS AMENDED,
NOVEMBER 14, 2017
AN ACT
Providing for outpatient psychiatric oversight.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Outpatient
Psychiatric Oversight Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advanced practice professional." A registered, licensed or
certified health care practitioner who has gained additional
specialized knowledge, skills and experience through a program
of study in that specialty. A PERSON WHO:
(1) (I) HOLDS A CURRENT PENNSYLVANIA LICENSE AS A
CERTIFIED REGISTERED NURSE PRACTITIONER WITH A MENTAL
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HEALTH CERTIFICATION; OR
(II) OBTAINS A MENTAL HEALTH CERTIFICATION WITHIN
TWO YEARS OF BEING HIRED BY A PSYCHIATRIC OUTPATIENT
CLINIC OR WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
SECTION, WHICHEVER IS LATER; OR
(2) (I) HOLDS A CURRENT PENNSYLVANIA LICENSE AS A
PHYSICIAN ASSISTANT WITH A MENTAL HEALTH CERTIFICATION;
OR
(II) OBTAINS A MENTAL HEALTH CERTIFICATION WITHIN
TWO YEARS OF BEING HIRED BY A PSYCHIATRIC OUTPATIENT
CLINIC OR WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
SECTION, WHICHEVER IS LATER.
"Department." The Department of Human Services of the
Commonwealth.
"Full-time equivalent." Thirty-seven and one-half hours per
week.
"Outpatient psychiatric clinic." A nonresidential treatment
setting in which psychiatric, psychological, social, educational
and other related services are provided under medical
supervision. It is designed for the evaluation and treatment of
individuals of any age with mental illness or emotional
distress. Outpatient services are provided on a planned and
regularly scheduled basis.
"Psychiatrist." A physician who has completed at least three
years of a residency in psychiatry and is licensed to practice
psychiatry in this Commonwealth.
"Telepsychiatry." The practice of medicine in the specialty
field of psychiatry using electronic communications, information
technology or other means between a provider in one location and
a patient in another location, with or without an intervening
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health care provider. The term does not include any of the
following:
(1) An audio-only, telephone conversation.
(2) An e-mail or instant messaging conversation.
(3) A facsimile transmission.
Section 3. Requirements.
The following shall apply:
(1) Except as provided for in paragraph (2), an
outpatient psychiatric clinic is required to SHALL have a
psychiatrist on site for two hours of psychiatric time per
week for each full-time equivalent treatment staff member
employed by the outpatient psychiatric clinic. Telepsychiatry
provided by a psychiatrist that is not on site with
prescriptive authority in this Commonwealth may be utilized
with a service description approved by the department but
shall not be included in the required psychiatric time
required under this paragraph.
(2) Fifty percent of the required on-site psychiatric
time under paragraph (1) may be provided by other advanced
practice professionals specializing in behavioral health with
prescriptive authority in this Commonwealth.:
(I) AN ADVANCED PRACTICE PROFESSIONAL.
(II) A PSYCHIATRIST OFF-SITE BY THE USE OF TWO-WAY
REAL-TIME INTERACTIVE AUDIO AND VIDEO TRANSMISSION USING
TECHNOLOGY THAT CONFORMS TO INDUSTRYWIDE COMPRESSED
AUDIO-VIDEO COMMUNICATION AND PROTECTS CONFIDENTIALITY
UNDER FEDERAL AND STATE LAW IN ACCORDANCE WITH
DEPARTMENT-ISSUED GUIDELINES. TELEPHONE CONVERSATION,
ELECTRONIC MAIL MESSAGE OR FACSIMILE TRANSMISSION MAY NOT
BE USED TO MEET THE REQUIREMENT UNDER PARAGRAPH (1).
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(III) A COMBINATION OF SUBPARAGRAPHS (I) AND (II).
Section 4. Regulations.
The department shall promulgate regulations as necessary to
carry out the provisions of this act.
Section 5. Effective date.
This act shall take effect in 60 days.
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