PRINTER'S NO. 3194
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1636
Session of
2018
INTRODUCED BY FRANKEL, KINSEY, DeLISSIO, V. BROWN, DONATUCCI,
SCHLOSSBERG, THOMAS, McNEILL, DEAN, D. COSTA, KAVULICH,
CALTAGIRONE, SIMS, PASHINSKI, ROZZI, STURLA, BRIGGS, DERMODY,
SCHWEYER, P. COSTA, D. MILLER, FABRIZIO, McCARTER, DALEY,
YOUNGBLOOD, BOYLE, SOLOMON, DAVIS, WHEATLEY, GAINEY,
FITZGERALD, RABB, COMITTA, KIM, WARREN AND BULLOCK,
MARCH 26, 2018
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 26, 2018
AN ACT
Amending the act of December 20, 1985 (P.L.457, No.112),
entitled "An act relating to the right to practice medicine
and surgery and the right to practice medically related acts;
reestablishing the State Board of Medical Education and
Licensure as the State Board of Medicine and providing for
its composition, powers and duties; providing for the
issuance of licenses and certificates and the suspension and
revocation of licenses and certificates; providing penalties;
and making repeals," further providing for definitions; and
providing for governmental prohibition.
It is the intent of the General Assembly to protect the
health of patients under the care of a licensed health care
practitioner by ensuring that the practitioner is able to
communicate freely with patients and exercise the practitioner's
medical judgment, in order to provide the safest and most
beneficial medical treatment to the individual patient.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 20, 1985
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(P.L.457, No.112), known as the Medical Practice Act of 1985, is
amended by adding definitions to read:
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:
* * *
"Evidence-based." The use of current best evidence in making
decisions about the care of an individual patient and
integrating individual clinical expertise with the best
available external clinical evidence from systematic research.
* * *
"Medically accurate." In relation to information,
information that is:
(1) verified or supported by the weight of peer-reviewed
medical research conducted in compliance with accepted
scientific methods;
(2) recognized as correct and objective by leading
medical organizations with relevant expertise; or
(3) recommended by or affirmed in the medical practice
guidelines of a nationally recognized accrediting
organization.
"Medically appropriate." Consistent with applicable legal,
health and professional standards; the patient's clinical and
other circumstances; and the patient's reasonably known wishes
and beliefs.
* * *
Section 2. The act is amended by adding a section to read:
Section 14.1. Governmental prohibition.
Neither the Commonwealth nor any political subdivision may:
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(1) Require a licensed health care practitioner to
provide a patient with:
(i) information that is not medically accurate and
medically appropriate for the patient; or
(ii) a medical service in a manner that is not
evidence-based and appropriate for the patient.
(2) Prohibit a licensed health care practitioner from
providing a patient with:
(i) information that is medically accurate and
medically appropriate for the patient; or
(ii) a medical service in a manner that is evidence-
based and appropriate for the patient.
Section 3. Nothing in this act shall be construed to alter
existing professional standards of care nor abrogate the duty of
a licensed health care practitioner to meet the applicable
standard of care.
Section 4. This act shall take effect in 30 days.
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