PRINTER'S NO. 2361
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2054
Session of
2021
INTRODUCED BY DeLUCA, KINSEY, McNEILL, HOWARD, McCLINTON, KULIK
AND HARKINS, NOVEMBER 5, 2021
REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 5, 2021
AN ACT
Amending the act of March 20, 2002 (P.L.154, No.13), entitled
"An act reforming the law on medical professional liability;
providing for patient safety and reporting; establishing the
Patient Safety Authority and the Patient Safety Trust Fund;
abrogating regulations; providing for medical professional
liability informed consent, damages, expert qualifications,
limitations of actions and medical records; establishing the
Interbranch Commission on Venue; providing for medical
professional liability insurance; establishing the Medical
Care Availability and Reduction of Error Fund; providing for
medical professional liability claims; establishing the Joint
Underwriting Association; regulating medical professional
liability insurance; providing for medical licensure
regulation; providing for administration; imposing penalties;
and making repeals," in medical professional liability,
further providing for informed consent.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 504(b) of the act of March 20, 2002
(P.L.154, No.13), known as the Medical Care Availability and
Reduction of Error (Mcare) Act, amended June 30, 2021 (P.L.330,
No.61), is amended to read:
Section 504. Informed consent.
* * *
(b) Requirements to obtain informed consent.--
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(1) Consent is informed if the patient or the patient's
authorized representative has been given a description of a
procedure set forth in subsection (a) and the risks and
alternatives that a reasonably prudent patient would require
to make an informed decision as to that procedure.
(2) Notwithstanding paragraph (3) or any other provision
of law, a physician performing surgery on a patient shall
personally disclose to the patient or the patient's
authorized representative whether the physician plans to
perform a concurrently scheduled surgery or render other
concurrently scheduled medical care during the patient's
surgery.
(3) A physician may delegate the task of obtaining the
informed consent of the patient or the patient's authorized
representative to a qualified practitioner for a procedure
under subsection (a) performed by a physician or performed by
a qualified practitioner.
(4) If claims for failure to obtain informed consent are
alleged, the physician or qualified practitioner shall be
entitled to present evidence of the description of that
procedure and those risks and alternatives that a physician
or qualified practitioner, acting in accordance with accepted
medical standards of medical practice, would provide.
* * *
Section 2. This act shall take effect in 60 days.
20210HB2054PN2361 - 2 -
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