HOUSE AMENDED
PRIOR PRINTER'S NOS. 1453, 1513, 1605, PRINTER'S NO. 1698
1608, 1682
No. 1158 Session of 1985
INTRODUCED BY BELL, OCTOBER 16, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 11, 1985
AN ACT
1 Relating to the right to practice medicine and surgery and the
2 right to practice medically related acts; reestablishing the
3 State Board of Medical Education and Licensure as the State
4 Board of Medicine and providing for its composition, powers
5 and duties; providing for the issuance of licenses and
6 certificates and the suspension and revocation of licenses
7 and certificates; providing penalties; and making repeals.
8 TABLE OF CONTENTS
9 Section 1. Short title.
10 Section 2. Definitions.
11 Section 3. State Board of Medicine.
12 Section 4. Impaired professionals.
13 Section 5. Consultants.
14 Section 6. Fees, fines and civil penalties.
15 Section 7. Reports of the board.
16 Section 8. Regulatory powers of the board.
17 Section 9. Procedure, oaths and subpoenas.
18 Section 10. Unauthorized practice of medicine and surgery.
1 Section 11. Clinical clerks.
2 Section 12. Midwifery.
3 Section 13. Physician assistants.
4 Section 14. Drugless therapist.
5 Section 15. Certified registered nurse practitioner.
6 Section 16. Consultation.
7 Section 17. Delegation of duties to health care practitioner or
8 technician.
9 Section 18. Federal medical personnel.
10 Section 19. Osteopathic act.
11 Section 20. Other health care practitioners.
12 Section 21. Acts outside nonphysician license or certificate.
13 Section 22. Licenses and certificates; general qualification.
14 Section 23. Standards for medical training facilities.
15 Section 24. Examinations.
16 Section 25. Licenses and certificates; biennial registration.
17 Section 26. Certification of license or certificate.
18 Section 27. Reciprocity or endorsement.
19 Section 28. License to practice medicine and surgery.
20 Section 29. License without restriction.
21 Section 30. License with restriction. INTERIM LIMITED LICENSE. <--
22 Section 31. Graduate license.
23 Section 32. Institutional license.
24 Section 33. Temporary license.
25 Section 34. Extraterritorial license.
26 Section 35. Nurse-midwife license.
27 Section 36. Physician assistant certificate.
28 Section 37. Reporting of multiple licensure.
29 Section 38. Injunctions against unlawful practice.
30 Section 39. Penalties.
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1 Section 40. Temporary and automatic suspensions.
2 Section 41. Reasons for refusal, revocation, suspension or
3 other corrective actions against a licensee or
4 certificate holder.
5 Section 42. Types of corrective action.
6 Section 43. Reinstatement of license, certificate or
7 registration.
8 Section 44. Surrender of suspended or revoked license, <--
9 CERTIFICATE OR REGISTRATION.
10 SECTION 45. RADIOLOGIC PROCEDURES; EDUCATION AND TRAINING <--
11 REQUIRED.
12 Section 45 46. Reestablishment. <--
13 Section 46 47. Severability. <--
14 Section 47 48. Repeals. <--
15 Section 48 49. Applicability of act. <--
16 Section 49 50. Existing board. <--
17 Section 50 51. Existing rules and regulations. <--
18 Section 51 52. Existing licenses, certificates and <--
19 registrations.
20 Section 52 53. Effective date. <--
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Short title.
24 This act shall be known and may be cited as the Medical
25 Practice Act of 1985.
26 Section 2. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Accredited medical college." An institution of higher
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1 learning which has been fully accredited by the Association of <--
2 American Medical Colleges, its successors or assigns, or the
3 American Medical Association, either directly or through their
4 respective accrediting bodies BY ANY ACCREDITING BODY RECOGNIZED <--
5 BY THE BOARD, as an agency to provide courses in the art and
6 science of medicine and surgery and empowered to grant Academic
7 Degrees in Medicine. ANY ACCREDITING BODIES RECOGNIZED BY THE <--
8 BOARD ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE
9 IN THAT CAPACITY UNLESS AND UNTIL THE BOARD RECOGNIZES A
10 SUCCESSOR.
11 "Affiliate." A member of a group of two or more medical
12 training facilities legally united by an agreement of
13 affiliation, approved by the board and formed to enhance the
14 potential of all participants in the provision of health care
15 and medical education.
16 "Applicant." An applicant for any license or certificate
17 issued by the board.
18 "Board." The State Board of Medicine.
19 "Board regulated practitioner." A medical doctor, midwife,
20 physician assistant, drugless therapist, or an applicant for a
21 license or certificate the board may issue.
22 "Clinical clerk." An undergraduate student in good standing
23 in an accredited medical college who is assigned to provide
24 medical services in a hospital by the medical college and the
25 hospital.
26 "Commissioner." The Commissioner of Professional and
27 Occupational Affairs in the Department of State.
28 "CONVICTION." A JUDGMENT OF GUILT, AN ADMISSION OF GUILT, OR <--
29 A PLEA OF NOLO CONTENDERE.
30 "Doctor of osteopathy or osteopathic doctor." An individual
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1 licensed to practice osteopathic medicine and surgery by the
2 State Board of Osteopathic Medical Examiners.
3 "Graduate medical training." Training approved or recognized
4 by the board which is either:
5 (1) accredited as graduate medical education by the <--
6 Accreditation Council for Graduate Medical Education or by
7 any other ANY accrediting body recognized by the board for <--
8 the purpose of accrediting graduate medical education. ANY <--
9 ACCREDITING BODIES RECOGNIZED BY THE BOARD ON THE EFFECTIVE
10 DATE OF THIS ACT SHALL CONTINUE TO SERVE IN THAT CAPACITY
11 UNLESS AND UNTIL THE BOARD RECOGNIZES A SUCCESSOR; or
12 (2) provided by a hospital accredited by the Joint <--
13 Commission on Accreditation of Hospitals, its successors or
14 assigns, ANY ACCREDITING BODY RECOGNIZED BY THE BOARD and is <--
15 acceptable to an American specialty board towards the
16 training it requires for the certification it issues in a
17 medical specialty or subspecialty. ANY ACCREDITING BODIES <--
18 RECOGNIZED BY THE BOARD ON THE EFFECTIVE DATE OF THIS ACT
19 SHALL CONTINUE TO SERVE IN THAT CAPACITY UNLESS AND UNTIL THE
20 BOARD RECOGNIZES A SUCCESSOR.
21 "Healing arts." The science and skill of diagnosis and
22 treatment in any manner whatsoever of disease or any ailment of
23 the human body.
24 "Health care practitioner." An individual, other than a
25 physician assistant, who is authorized to practice some
26 component of the healing arts by a license, permit, certificate
27 or registration issued by a Commonwealth licensing agency or
28 board.
29 "Hospital." An institution licensed or regulated as a
30 hospital by the Department of Health or the Department of Public
19850S1158B1698 - 5 -
1 Welfare or a facility owned or operated by the Federal
2 Government and accredited by the Joint Commission on
3 Accreditation of Hospitals as a hospital.
4 "Medical doctor." An individual who has acquired one of the
5 following licenses to practice medicine and surgery issued by
6 the board:
7 (1) License without restriction.
8 (2) License with restriction INTERIM LIMITED LICENSE. <--
9 (3) Graduate license.
10 (4) Institutional license.
11 (5) Temporary license.
12 (6) Extraterritorial license.
13 "Medical service." Activity which lies within the scope of
14 the practice of medicine and surgery.
15 "Medical training facility." A medical college, hospital or
16 other institution which provides courses in the art and science
17 of medicine and surgery and related subjects for the purpose of
18 enabling a matriculant to qualify for a license or TO practice <--
19 medicine and surgery, graduate medical training, midwife
20 certificate or physician assistant certificate.
21 "Medicine and surgery." The art and science of which the
22 objectives are the cure of diseases and the preservation of the
23 health of man, including the practice of the healing art with or
24 without drugs, except healing by spiritual means or prayer.
25 "Midwife or nurse-midwife." An individual who is licensed as
26 a midwife by the board.
27 "Physician." A medical doctor or doctor of osteopathy.
28 "Physician assistant." An individual who is certified as a
29 physician assistant by the board.
30 "Resident." A medical doctor who is participating in
19850S1158B1698 - 6 -
1 graduate training.
2 "Technician." A person, other than a health care
3 practitioner or physician assistant, who through training,
4 education or experience has achieved expertise in the technical
5 details of a subject or occupation which is a component of the
6 healing art.
7 "Unaccredited medical college." An institution of higher
8 learning which provides courses in the art and science of
9 medicine and surgery and related subjects, is empowered to grant
10 professional degrees in medicine, is not accredited by the <--
11 Association of American Medical Colleges, its successors or
12 assigns, or the American Medical Association, either directly or
13 through their respective accrediting bodies, ANY ACCREDITING <--
14 BODY RECOGNIZED BY THE BOARD and is listed by the World Health
15 Organization, its successors or assigns, or is otherwise
16 recognized as a medical college by the country in which it is
17 situated. ANY ACCREDITING BODIES RECOGNIZED BY THE BOARD ON THE <--
18 EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE IN THAT
19 CAPACITY UNLESS AND UNTIL THE BOARD RECOGNIZES A SUCCESSOR.
20 Section 3. State Board of Medicine.
21 (a) Establishment.--The State Board of Medicine shall
22 consist of the commissioner, the Secretary of Health, two
23 members appointed by the Governor who shall be persons
24 representing the public at large and seven members appointed by
25 the Governor, six of whom shall be medical doctors with
26 unrestricted licenses to practice medicine and surgery in this
27 Commonwealth for five years immediately preceding their
28 appointment, and one who shall be a nurse midwife, physician
29 assistant or certified registered nurse practitioner licensed or
30 certified under the laws of this Commonwealth. ALL PROFESSIONAL <--
19850S1158B1698 - 7 -
1 AND PUBLIC MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE
2 GOVERNOR, WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE
3 MEMBERS ELECTED TO THE SENATE.
4 (b) Terms of office.--The term of each professional and
5 public member of the board shall be four years or until his or
6 her successor has been appointed and qualified, but not longer
7 than six months beyond the four-year period. In the event that
8 any of said members shall die or resign or otherwise becomes <--
9 BECOME disqualified during his or her term, a successor shall be <--
10 appointed in the same way and with the same qualifications and
11 shall hold office for the unexpired term. No member shall be
12 eligible for appointment to serve more than two consecutive
13 terms. THE GOVERNOR SHALL ASSURE THAT NURSE MIDWIVES, PHYSICIAN <--
14 ASSISTANTS, AND CERTIFIED REGISTERED NURSE PRACTITIONERS ARE
15 APPOINTED TO FOUR-YEAR TERMS ON A ROTATING BASIS SO THAT OF
16 EVERY THREE APPOINTMENTS TO A FOUR-YEAR TERM, ONE IS A NURSE
17 MIDWIFE, ONE IS A PHYSICIAN ASSISTANT, AND ONE IS A CERTIFIED
18 REGISTERED NURSE PRACTITIONER.
19 (c) Quorum.--A majority of the members of the board serving
20 in accordance with law shall constitute a quorum for purposes of
21 conducting the business of the board. Except for temporary and
22 automatic suspensions under section 40, a member may not be
23 counted as part of a quorum or vote on any issue unless he or
24 she is physically in attendance at the meeting.
25 (d) Chairman.--The board shall select annually a chairman
26 from among its professional members. <--
27 (e) Compensation.--Each member of the board, except the
28 commissioner and the Secretary of Health, shall receive $60 per
29 diem when actually attending to the work of the board. Members
30 shall also receive the amount of reasonable traveling, hotel and
19850S1158B1698 - 8 -
1 other necessary expenses incurred in the performance of their
2 duties in accordance with Commonwealth regulations.
3 (f) Sunset.--The board is subject to evaluation, review and
4 termination in the manner provided in the act of December 22,
5 1981 (P.L.508, No.142), known as the Sunset Act.
6 (g) Attendance at meetings.--A member of the board who fails
7 to attend three consecutive meetings shall forfeit his or her
8 seat unless the commissioner, upon written request from the
9 member, finds that the member should be excused from a meeting
10 because of illness or the death of a family member.
11 (h) Attendance at training seminars.--A public member who
12 fails to attend two consecutive statutorily mandated training
13 seminars in accordance with section 813(e) of the act of April
14 9, 1929 (P.L.177, No.175), known as The Administrative Code of
15 1929, shall forfeit his or her seat unless the commissioner,
16 upon written request from the public member, finds that the
17 public member should be excused from a meeting because of
18 illness or the death of a family member.
19 (i) Meetings.--The board shall meet at least once every two
20 months, and at such additional times as may be necessary to
21 conduct the business of the board.
22 (j) Executive secretary.--The board, with the approval of
23 the commissioner, shall appoint and fix the compensation of an
24 executive secretary who shall be responsible for the day-to-day
25 operation of the board and administration of board activities.
26 Section 4. Impaired professionals.
27 (a) Appointment of Disciplinary Advisory Committee.--The <--
28 board, with the approval of the commissioner, shall appoint a
29 Disciplinary Advisory Committee composed of three medical
30 doctors, not members of the board, who shall be compensated at
19850S1158B1698 - 9 -
1 the same rate as members of the board and who shall receive the
2 amount of reasonable traveling, hotel and other necessary
3 expenses incurred in the performance of their duties in
4 accordance with Commonwealth regulations.
5 (b) Recommendations involving potential disciplinary
6 actions.--The board may refer to the committee cases involving
7 potential disciplinary actions under this act. Upon such
8 referral, the committee shall review the case and make
9 recommendations to the board within such time as the board shall
10 designate; provided, that once the committee has accepted an
11 impaired professional in an approved treatment program in
12 accordance with this section, the committee may not thereafter
13 accept referral of a disciplinary case regarding that individual
14 from the board.
15 (c) Liaison.--The committee shall act as a liaison between
16 the board and treatment programs, such as alcohol and drug
17 treatment programs licensed by the Department of Health,
18 psychological counseling and impaired professional support
19 groups, which are approved by the board and which provide
20 services to licensees or certificate holders under this act.
21 (d) Review of corrective action by the board.--The board may
22 defer and ultimately dismiss any of the types of corrective
23 action set forth in this act for an impaired professional so
24 long as the professional is progressing satisfactorily in an
25 approved treatment program, provided that the provisions of this
26 subsection shall not apply to a professional convicted of a
27 felonious act prohibited by the act of April 14, 1972 (P.L.233,
28 No.64), known as The Controlled Substance, Drug, Device and
29 Cosmetic Act, or the conviction of a felony relating to a
30 controlled substance in a court of law of the United States or
19850S1158B1698 - 10 -
1 any other state, territory or country. An approved program
2 provider shall, upon request, disclose to the Disciplinary
3 Advisory Committee all information in its possession regarding
4 an impaired professional in treatment.
5 (e) Voluntary suspension or limitation.--An impaired
6 professional who enrolls in an approved treatment program shall,
7 if necessary, agree to a limitation of his or her ability to
8 practice. Failure to do so disqualifies the professional from
9 the impaired professional program and shall activate an
10 immediate investigation and disciplinary proceeding by the
11 board.
12 (f) Failure to satisfactorily progress.--If, in the opinion
13 of the committee after consultation with the provider, an
14 impaired professional who is enrolled in an approved treatment
15 has not progressed satisfactorily, the committee shall disclose
16 to the board all information in its possession regarding the
17 professional; and such disclosure shall constitute the basis for
18 instituting proceedings to suspend or revoke the license or
19 certificate of said professional.
20 (g) Immunity.--An approved program provider who makes a
21 disclosure pursuant to this subsection shall not be subject to
22 civil liability for such disclosure or its consequences.
23 (h) Reports to the board.--Any hospital or health care
24 facility, peer or colleague who knows or has evidence to suspect
25 a professional has an addictive disease, is diverting a
26 controlled substance, or is mentally or physically incompetent
27 to carry out the duties of his or her license or certificate,
28 shall make, or cause to be made, a report to the board: Provided
29 that any person or facility who acts in a treatment capacity to
30 an impaired professional in an approved treatment program is
19850S1158B1698 - 11 -
1 exempt from the mandatory reporting requirements of this
2 subsection. Any person or facility who reports pursuant to this
3 section in good faith and without malice shall be immune from
4 any civil or criminal liability arising from such report.
5 Failure to provide such report within a reasonable time from
6 receipt of knowledge of impairment shall subject the person or
7 facility to a fine not to exceed $1,000. The board shall levy
8 this penalty only after affording the accused party the
9 opportunity for a hearing, as provided in Title 2 of the
10 Pennsylvania Consolidated Statutes (relating to administrative
11 law and procedure).
12 (A) CONSULTANTS.--THE BOARD, WITH THE APPROVAL OF THE <--
13 COMMISSIONER, SHALL APPOINT AND FIX THE COMPENSATION OF A
14 PROFESSIONAL CONSULTANT WHO IS A LICENSEE OF THE BOARD, OR SUCH
15 OTHER PROFESSIONAL AS THE BOARD MAY DETERMINE, WITH EDUCATION
16 AND EXPERIENCE IN THE IDENTIFICATION, TREATMENT AND
17 REHABILITATION OF PERSONS WITH PHYSICAL OR MENTAL IMPAIRMENTS.
18 SUCH CONSULTANT SHALL BE ACCOUNTABLE TO THE BOARD AND SHALL ACT
19 AS A LIAISON BETWEEN THE BOARD AND TREATMENT PROGRAMS, SUCH AS
20 ALCOHOL AND DRUG TREATMENT PROGRAMS LICENSED BY THE DEPARTMENT
21 OF HEALTH, PSYCHOLOGICAL COUNSELING AND IMPAIRED PROFESSIONAL
22 SUPPORT GROUPS, WHICH ARE APPROVED BY THE BOARD AND WHICH
23 PROVIDE SERVICES TO LICENSEES UNDER THIS ACT.
24 (B) ELIGIBILITY AND DISCLOSURE.--THE BOARD MAY DEFER AND
25 ULTIMATELY DISMISS ANY OF THE TYPES OF CORRECTIVE ACTION SET
26 FORTH IN THIS ACT FOR AN IMPAIRED PROFESSIONAL SO LONG AS THE
27 PROFESSIONAL IS PROGRESSING SATISFACTORILY IN AN APPROVED
28 TREATMENT PROGRAM, PROVIDED THAT THE PROVISIONS OF THIS
29 SUBSECTION SHALL NOT APPLY TO A PROFESSIONAL CONVICTED OF A
30 FELONIOUS ACT PROHIBITED BY THE ACT OF APRIL 14, 1972 (P.L.233,
19850S1158B1698 - 12 -
1 NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
2 COSMETIC ACT, OR CONVICTED OF A FELONY RELATING TO A CONTROLLED
3 SUBSTANCE IN A COURT OF LAW OF THE UNITED STATES OR ANY OTHER
4 STATE, TERRITORY OR COUNTRY. AN APPROVED PROGRAM PROVIDER SHALL,
5 UPON REQUEST, DISCLOSE TO THE CONSULTANT SUCH INFORMATION IN ITS
6 POSSESSION REGARDING AN IMPAIRED PROFESSIONAL IN TREATMENT WHICH
7 THE PROGRAM PROVIDER IS NOT PROHIBITED FROM DISCLOSING BY AN ACT
8 OF THIS COMMONWEALTH, ANOTHER STATE, OR THE UNITED STATES. SUCH
9 REQUIREMENT OF DISCLOSURE BY AN APPROVED PROGRAM PROVIDER SHALL
10 APPLY IN THE CASE OF IMPAIRED PROFESSIONALS WHO ENTER INTO AN
11 AGREEMENT IN ACCORDANCE WITH THIS SECTION, IMPAIRED
12 PROFESSIONALS WHO ARE THE SUBJECT OF A BOARD INVESTIGATION OR
13 DISCIPLINARY PROCEEDING, AND IMPAIRED PROFESSIONALS WHO
14 VOLUNTARILY ENTER A TREATMENT PROGRAM OTHER THAN UNDER THE
15 PROVISIONS OF THIS SECTION BUT WHO FAIL TO COMPLETE THE PROGRAM
16 SUCCESSFULLY OR TO ADHERE TO AN AFTERCARE PLAN DEVELOPED BY THE
17 PROGRAM PROVIDER.
18 (C) AGREEMENT WITH BOARD.--AN IMPAIRED PROFESSIONAL WHO
19 ENROLLS IN AN APPROVED TREATMENT PROGRAM SHALL ENTER INTO AN
20 AGREEMENT WITH THE BOARD UNDER WHICH THE PROFESSIONAL'S LICENSE
21 SHALL BE SUSPENDED OR REVOKED BUT ENFORCEMENT OF THAT SUSPENSION
22 OR A REVOCATION MAY BE STAYED FOR THE LENGTH OF TIME THE
23 PROFESSIONAL REMAINS IN THE PROGRAM AND MAKES SATISFACTORY
24 PROGRESS, COMPLIES WITH THE TERMS OF THE AGREEMENT AND ADHERES
25 TO ANY LIMITATIONS ON HIS PRACTICE IMPOSED BY THE BOARD TO
26 PROTECT THE PUBLIC. FAILURE TO ENTER INTO SUCH AN AGREEMENT
27 SHALL DISQUALIFY THE PROFESSIONAL FROM THE IMPAIRED PROFESSIONAL
28 PROGRAM AND SHALL ACTIVATE AN IMMEDIATE INVESTIGATION AND
29 DISCIPLINARY PROCEEDING BY THE BOARD.
30 (D) DISCIPLINARY ACTION.--IF, IN THE OPINION OF THE
19850S1158B1698 - 13 -
1 CONSULTANT AFTER CONSULTATION WITH THE PROVIDER, AN IMPAIRED
2 PROFESSIONAL WHO IS ENROLLED IN AN APPROVED TREATMENT PROGRAM
3 HAS NOT PROGRESSED SATISFACTORILY, THE CONSULTANT SHALL DISCLOSE
4 TO THE BOARD ALL INFORMATION IN HIS POSSESSION REGARDING SAID
5 PROFESSIONAL, AND THE BOARD SHALL INSTITUTE PROCEEDINGS TO
6 DETERMINE IF THE STAY OF THE ENFORCEMENT OF THE SUSPENSION OR
7 REVOCATION OF THE IMPAIRED PROFESSIONAL'S LICENSE SHALL BE
8 VACATED.
9 (E) IMMUNITY.--AN APPROVED PROGRAM PROVIDER WHO MAKES A
10 DISCLOSURE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO
11 CIVIL LIABILITY FOR SUCH DISCLOSURE OR ITS CONSEQUENCES.
12 (F) REPORTS TO THE BOARD.--ANY HOSPITAL OR HEALTH CARE
13 FACILITY, PEER OR COLLEAGUE WHO HAS SUBSTANTIAL EVIDENCE THAT A
14 PROFESSIONAL HAS AN ACTIVE ADDICTIVE DISEASE FOR WHICH THE
15 PROFESSIONAL IS NOT RECEIVING TREATMENT, IS DIVERTING A
16 CONTROLLED SUBSTANCE OR IS MENTALLY OR PHYSICALLY INCOMPETENT TO
17 CARRY OUT THE DUTIES OF HIS OR HER LICENSE SHALL MAKE OR CAUSE
18 TO BE MADE A REPORT TO THE BOARD: PROVIDED, THAT ANY PERSON OR
19 FACILITY WHO ACTS IN A TREATMENT CAPACITY TO AN IMPAIRED
20 PHYSICIAN IN AN APPROVED TREATMENT PROGRAM IS EXEMPT FROM THE
21 MANDATORY REPORTING REQUIREMENTS OF THIS SUBSECTION. ANY PERSON
22 OR FACILITY WHO REPORTS PURSUANT TO THIS SECTION IN GOOD FAITH
23 AND WITHOUT MALICE SHALL BE IMMUNE FROM ANY CIVIL OR CRIMINAL
24 LIABILITY ARISING FROM SUCH REPORT. FAILURE TO PROVIDE SUCH
25 REPORT WITHIN A REASONABLE TIME FROM RECEIPT OF KNOWLEDGE OF
26 IMPAIRMENT SHALL SUBJECT THE PERSON OR FACILITY TO A FINE NOT TO
27 EXCEED $1,000. THE BOARD SHALL LEVY THIS PENALTY ONLY AFTER
28 AFFORDING THE ACCUSED PARTY THE OPPORTUNITY FOR A HEARING, AS
29 PROVIDED IN TITLE 2 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
30 (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).
19850S1158B1698 - 14 -
1 Section 5. Consultants.
2 The board shall establish consultant panels or use <--
3 individual, WITH THE APPROVAL OF THE COMMISSIONER, MAY USE <--
4 consultants, as it deems appropriate, to assist it in carrying
5 out its responsibilities. The board may not delegate any of its
6 final decisionmaking responsibilities to a consultant or panel
7 of consultants.
8 Section 6. Fees, fines and civil penalties.
9 (a) Setting of fees.--All fees required under this act shall
10 be fixed by the board by regulation and shall be subject to the
11 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
12 Review Act. If the revenues raised by fees, fines and civil
13 penalties imposed under this act are not sufficient to meet
14 expenditures over a two-year period, the board shall increase
15 those fees by regulation so that the projected revenues will
16 meet or exceed projected expenditures.
17 (b) Inadequate fees.--If the Bureau of Professional and
18 Occupational Affairs determines that the fees established by the
19 board under subsection (a) are inadequate to meet the minimum
20 enforcement efforts required by this act, then the bureau after
21 consultation with the board and subject to the Regulatory Review
22 Act, shall increase the fees by regulation in an amount that
23 adequate revenues are raised to meet the required enforcement
24 effort.
25 (c) Disposition.--All fees, fines and civil penalties
26 imposed in accordance with this act and collected in accordance
27 with section 907(a) of the act of October 15, 1975 (P.L.390,
28 No.111), known as the Health Care Services Malpractice Act,
29 along with any interest generated thereby, shall be for the <--
30 exclusive use by OF the board in carrying out the provisions of <--
19850S1158B1698 - 15 -
1 this act, and shall be annually appropriated for that purpose.
2 (d) Charging of fees.--The board may charge a reasonable
3 fee, as set by the board by regulation, for all examinations,
4 registrations, certificates, licensures or applications
5 permitted by this act or the regulations thereunder.
6 Section 7. Reports of the board.
7 (a) Reports to Department of State.--The board shall submit
8 annually to the Department of State an estimate of the financial
9 requirements of the board for its administrative, investigative,
10 legal and miscellaneous expenses.
11 (b) Reports to House and Senate Appropriations Committees.--
12 The board shall submit annually to the House and Senate
13 Appropriations Committees, 15 days after the Governor has
14 submitted his budget to the General Assembly, a copy of the
15 budget request for the upcoming fiscal year which the board
16 previously submitted to the department.
17 (c) Reports to other House and Senate committees.--The board
18 shall submit annually a report to the Professional Licensure
19 Committee of the House of Representatives and to the Consumer
20 Protection and Professional Licensure Committee of the Senate
21 CONTAINING a description of the types of complaints received, <--
22 status of cases, board action which has been taken and the
23 length of time from the initial complaint to final board
24 resolution. The report shall also include a statement of the
25 numbers and types of licenses granted and a statement on
26 physician assistant use in this Commonwealth, including
27 geographic location and practice settings.
28 Section 8. Regulatory powers of the board.
29 The board, in the exercise of its duties under this act,
30 shall have the power to adopt such regulations as are reasonably
19850S1158B1698 - 16 -
1 necessary to carry out the purposes of this act. Regulations
2 shall be adopted in conformity with the provisions of the act of
3 July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
4 Documents Law, and the act of June 25, 1982 (P.L.633, No.181),
5 known as the Regulatory Review Act.
6 Section 9. Procedure, oaths and subpoenas.
7 (a) All actions of the board.--All actions of the board
8 shall be taken subject to the right of notice, hearing and
9 adjudication, and the right of appeal therefrom, in accordance
10 with the provisions in Title 2 of the Pennsylvania Consolidated
11 Statutes (relating to administrative law and procedure).
12 (b) Disciplinary proceedings.--All disciplinary proceedings
13 conducted by hearing examiners shall be conducted in accordance
14 with sections 901 through 905 of the act of October 15, 1975
15 (P.L.390, No.111), known as the Health Care Services Malpractice
16 Act.
17 (c) Subpoena power.--The board shall have the authority to
18 issue subpoenas, upon application of an attorney responsible for
19 representing the Commonwealth in disciplinary matters before the
20 board, for the purpose of investigating alleged violations of
21 the disciplinary provisions administered by the board. The board
22 shall have the power to subpoena witnesses, to administer oaths,
23 to examine witnesses or AND to take testimony or compel the <--
24 production of books, records, papers and documents as it may
25 deem necessary or proper in and pertinent to any proceeding,
26 investigation or hearing held by it. Medical records may not be
27 subpoenaed without consent of the patient or without order of a
28 court of competent jurisdiction on a showing that the records
29 are reasonably necessary for the conduct of the investigation.
30 The court may impose such limitations on the scope of the
19850S1158B1698 - 17 -
1 subpoena as are necessary to prevent unnecessary intrusion in <--
2 INTO patient confidential information. The board is authorized <--
3 to apply to Commonwealth Court to enforce its subpoenas.
4 (D) REPORTS TO THE BOARD.--AN ATTORNEY RESPONSIBLE FOR <--
5 REPRESENTING THE COMMONWEALTH IN DISCIPLINARY MATTERS BEFORE THE
6 BOARD SHALL NOTIFY THE BOARD IMMEDIATELY UPON RECEIVING
7 NOTIFICATION OF AN ALLEGED VIOLATION OF THIS ACT. THE BOARD
8 SHALL MAINTAIN CURRENT RECORDS OF ALL REPORTS OF ALLEGED
9 VIOLATIONS AND PERIODICALLY REVIEW THE RECORDS FOR THE PURPOSE
10 OF DETERMINING THAT EACH ALLEGED VIOLATION HAS BEEN RESOLVED IN
11 A TIMELY MANNER.
12 Section 10. Unauthorized practice of medicine and surgery.
13 No person other than a medical doctor shall engage in any of
14 the following conduct except as authorized or exempted in this
15 act:
16 (1) Practice medicine and surgery.
17 (2) Purport to practice medicine and surgery.
18 (3) Hold forth as authorized to practice medicine and
19 surgery through use of a title, including, but not
20 necessarily limited to, medical doctor, doctor of medicine,
21 doctor of medicine and surgery, doctor of a designated
22 disease, physician, physician of a designated disease, or any
23 abbreviation for the foregoing.
24 (4) Otherwise hold forth as authorized to practice
25 medicine and surgery.
26 Section 11. Clinical clerks.
27 (a) Authorized services.--A clinical clerk may perform the
28 following services in a hospital to which the clerk is assigned,
29 provided the services are performed within the restrictions
30 contained in or authorized by this section:
19850S1158B1698 - 18 -
1 (1) Make notes on a patient's chart.
2 (2) Conduct a physical examination.
3 (3) Perform a medical procedure or laboratory test.
4 (b) Regulations.--A clinical clerk shall not perform a
5 medical service unless the performance of such by the clinical
6 clerk under the circumstances is consistent with THE REGULATIONS <--
7 PROMULGATED BY THE BOARD AND the standards of acceptable medical
8 practice embraced by the medical doctor community in this
9 Commonwealth. The board shall promulgate regulations which
10 define the medical services those standards permit a clinical
11 clerk to perform and the circumstances under which those
12 standards permit a clinical clerk to perform a medical service.
13 (c) Supervision.--A clinical clerk shall not perform a
14 medical service without the direct and immediate supervision of
15 the medical doctor members of the medical staff or residents at
16 the hospital in which the service is performed. The board shall
17 promulgate regulations which define the supervision required by
18 those standards.
19 (d) Drugs.--A clinical clerk shall not prescribe or dispense
20 drugs.
21 (e) Notes on patients' charts.--Notes made on a patient's
22 chart by a clinical clerk become official only when
23 countersigned by a medical doctor member of the hospital's
24 medical staff or resident beyond a first-year level of graduate
25 medical education at the hospital.
26 (f) Other licenses or certificates.--Nothing in this section
27 or the regulations authorized by this section shall be construed
28 to prohibit a clinical clerk who is licensed or certified to
29 practice a profession by a Commonwealth agency or board from
30 practicing within the scope of that license or certificate or as
19850S1158B1698 - 19 -
1 otherwise authorized by law.
2 Section 12. Midwifery.
3 (a) Previous licensure.--A midwife who has been licensed
4 previously by the board may continue to practice midwifery in
5 accordance with regulations promulgated by the board.
6 (b) Use of title.--A midwife may use the title midwife,
7 nurse-midwife or an appropriate abbreviation of those titles.
8 (c) Other licenses or certificates.--Nothing in this section
9 or the regulations authorized by this section shall be construed
10 to prohibit a midwife who is licensed or certified to practice
11 another profession by a Commonwealth agency or board from
12 practicing within the scope of that license or certificate or as
13 otherwise authorized by law.
14 Section 13. Physician assistants.
15 (a) Authorized services.--A physician assistant may perform
16 a medical service delegated by an approved physician and as
17 approved by the appropriate board. An approved physician is a
18 physician identified in the writing WRITTEN AGREEMENT required <--
19 by subsection (e).
20 (b) Use of title.--A physician assistant may use the title
21 physician assistant or an appropriate abbreviation for that
22 title, such as "P.A.-C."
23 (c) Regulations.--The board shall promulgate regulations
24 which define the services and circumstances under which a
25 physician assistant may perform a medical service.
26 (d) Supervision.--A physician assistant shall not perform a
27 medical service without the supervision and personal direction
28 of an approved physician. The board shall promulgate regulations
29 which define the supervision and personal direction required by
30 those standards. THE STANDARDS OF ACCEPTABLE MEDICAL PRACTICE <--
19850S1158B1698 - 20 -
1 EMBRACED BY THE MEDICAL DOCTOR COMMUNITY IN THIS COMMONWEALTH.
2 (e) Written agreement.--A physician assistant shall not
3 provide a medical service without a written agreement with one
4 or more physicians which provides for all of the following:
5 (1) Identifies and is signed by each physician the
6 physician assistant will be assisting.
7 (2) Describes the manner in which the physician
8 assistant will be assisting each named physician.
9 (3) Describes the nature and degree of supervision and
10 direction each named physician will provide the physician
11 assistant.
12 (4) Designates one of the named physicians as having the
13 primary responsibility for supervising and directing the
14 physician assistant.
15 (5) Has been approved by the board as satisfying the
16 foregoing and as consistent with the restrictions contained
17 in or authorized by this section.
18 A physician assistant shall not assist a physician in a manner
19 not described in the agreement or without the nature and degree
20 of supervision and direction described in the agreement. The
21 physician designated as having primary responsibility for the
22 physician assistant shall not have primary responsibility for
23 more than two physician assistants.
24 (f) Drugs.--A physician assistant shall not independently
25 prescribe or dispense drugs. The board and the State Board of <--
26 Pharmacy shall jointly promulgate regulations which permit a <--
27 physician assistant to prescribe and dispense drugs at the
28 direction of a physician. THE BOARD SHALL REQUEST THE COMMENTS <--
29 AND RECOMMENDATIONS OF THE STATE BOARD OF PHARMACY.
30 (g) Supervision.--A physician assistant may be employed by a
19850S1158B1698 - 21 -
1 medical care facility under the supervision and direction of an
2 approved physician or group of such physicians, provided one of
3 those physicians is designated as having the primary
4 responsibility for supervising and directing the physician
5 assistant and provided that a physician assistant shall not be
6 responsible to more than three physicians.
7 (h) Reimbursement.--For reimbursement purposes a physician
8 assistant shall be an employee subject to the normal employer-
9 employee reimbursement procedures.
10 (i) Eye services.--No medical services may be performed by a
11 physician assistant under this act which include the measurement
12 of the range or powers of human vision or the determination of
13 the refractive status of the human eye. This subsection does not
14 prohibit the performance of routine vision screenings or the
15 performance of refractive screenings in the physician's office.
16 (j) Chiropractic practice.--Nothing in this act shall be
17 construed to allow physician assistants to practice
18 chiropractic.
19 (k) Other licenses or certificates.--Nothing in this section
20 or the regulations authorized by this section shall be construed
21 to prohibit a physician assistant who is licensed or certified
22 to practice another profession by a Commonwealth agency or board
23 from practicing within the scope of that license or certificate
24 or as otherwise authorized by law.
25 Section 14. Drugless therapist.
26 (a) Previous licensure.--A drugless therapist who has been
27 licensed previously by the board may continue to provide
28 drugless therapy in accordance with the regulations promulgated
29 by the board.
30 (b) Drugs.--A drugless therapist shall not prescribe or
19850S1158B1698 - 22 -
1 dispense drugs.
2 (c) Other licenses or certificates.--Nothing in this section
3 or the regulations authorized by this section shall be construed
4 to prohibit a drugless therapist who is licensed or certified to
5 practice another profession by a Commonwealth agency or board
6 from practicing within the scope of that license or certificate
7 or as otherwise authorized by law.
8 Section 15. Certified registered nurse practitioner.
9 (a) General rule.--A certified registered nurse practitioner
10 shall act in accordance with regulations authorized by this
11 section.
12 (b) Regulations.--The board and the State Board of Nurse
13 Examiners shall jointly promulgate regulations authorizing a
14 certified registered nurse practitioner to perform acts of
15 medical diagnoses and prescription of medical, therapeutic,
16 diagnostic or corrective measures.
17 (c) Other licenses or certificates.--Nothing in this section
18 or the regulations authorized by this section shall be construed
19 to prohibit a certified registered nurse practitioner who is
20 licensed or certified to practice another profession by a
21 Commonwealth agency or board from practicing within the scope of
22 that license or certificate as otherwise authorized by law.
23 Section 16. Consultation.
24 A person authorized to practice medicine or surgery or
25 osteopathy without restriction by any other state may, upon
26 request by a medical doctor, provide consultation to the medical
27 doctor regarding the treatment of a patient under the care of
28 the medical doctor.
29 Section 17. Delegation of duties to health care practitioner or
30 technician.
19850S1158B1698 - 23 -
1 (a) General rule.--A MEDICAL DOCTOR MAY DELEGATE TO A health <--
2 care practitioner or technician may perform THE PERFORMANCE OF a <--
3 medical service if:
4 (1) The performance of the service was delegated by a <--
5 medical doctor.
6 (2) (1) The delegation is consistent with the standards
7 of acceptable medical practice embraced by the medical doctor
8 community in this Commonwealth.
9 (3) (2) The delegation is not prohibited by regulations <--
10 promulgated by the board.
11 (4) (3) The delegation is not prohibited by statutes or <--
12 regulations relating to other licensed health care
13 practitioners.
14 (b) Regulations.--The board may promulgate regulations which
15 establish criteria pursuant to which a medical doctor may
16 delegate the performance of medical services, preclude a medical
17 doctor from delegating the performance of certain types of
18 medical services, or otherwise limit the ability of a medical
19 doctor to delegate medical services.
20 (c) Responsibility.--Nothing in this section shall be <--
21 construed to limit the A MEDICAL DOCTOR SHALL BE RESPONSIBLE FOR <--
22 THE MEDICAL SERVICES DELEGATED TO THE HEALTH CARE PRACTITIONER
23 OR TECHNICIAN IN ACCORDANCE WITH SUBSECTIONS (A) AND (B). A
24 medical doctor's responsibility for the medical service
25 delegated to the health care practitioner or technician IS NOT <--
26 LIMITED BY ANY PROVISIONS OF THIS SECTION.
27 Section 18. Federal medical personnel.
28 Nothing in this act shall be construed to prohibit a medical
29 doctor in the medical service of the armed forces of the United
30 States, the United States Public Health Service or the Veterans'
19850S1158B1698 - 24 -
1 Administration, or a Federal employee, from discharging official
2 duties.
3 Section 19. Osteopathic act.
4 (a) General rule.--Nothing in this act shall be construed to
5 prohibit a doctor of osteopathy from practicing osteopathic
6 medicine and surgery.
7 (b) Specific authorization.--Nothing in this act shall be
8 construed to prohibit a person authorized to practice
9 osteopathic medicine and surgery by the act of October 5, 1978
10 (P.L.1109, No.261), known as the Osteopathic Medical Practice
11 Act, to practice as authorized by that act.
12 Section 20. Other health care practitioners.
13 Nothing in this act shall be construed to prohibit a health
14 care practitioner from practicing that profession within the
15 scope of the health care practitioner's license or certificate
16 or as otherwise authorized by the law, including using the title
17 authorized by the practitioner's licensing act.
18 Section 21. Acts outside nonmedical doctor license or
19 certificate.
20 (a) Medical doctor involvement.--In the event the law,
21 including this act, conditions a person's authorization to
22 perform one or more medical services upon medical doctor
23 involvement, and the person performs a covered service without
24 the required involvement, the person shall be deemed to have
25 acted outside the scope of the person's license or certificate.
26 (b) Included involvements.--The medical doctor involvement
27 referred to in subsection (a) shall include, but shall not
28 necessarily be limited to, any of the following:
29 (1) An order.
30 (2) Direction or supervision.
19850S1158B1698 - 25 -
1 (3) Presence.
2 (4) Immediate availability.
3 (5) Referral.
4 (6) Consultation.
5 (C) LIMITATION ON PROVIDING SERVICES.--NOTHING HEREIN SHALL <--
6 BE CONSTRUED AS AUTHORIZING A HEALTH CARE PRACTITIONER OR
7 TECHNICIAN TO PERFORM ANY MEDICAL SERVICE WHICH IS NOT WITHIN
8 THE SCOPE OF THAT PERSON'S PRACTICE, AS DEFINED BY THE
9 PRACTITIONER'S LICENSING ACT UNDER WHICH THAT PERSON IS
10 LICENSED, CERTIFICATED OR REGISTERED.
11 Section 22. Licenses and certificates; general qualification.
12 (a) Types of licenses and certificates.--The board may grant
13 the following licenses and certificates:
14 (1) License without restriction.
15 (2) License with restriction. INTERIM LIMITED LICENSE. <--
16 (3) Graduate license.
17 (4) Institutional license.
18 (5) Temporary license.
19 (6) Extraterritorial license.
20 (7) Midwife license.
21 (8) Physician assistant certificate.
22 (b) Qualifications.--The board shall not issue a license or
23 certificate to an applicant unless the applicant establishes
24 with evidence, verified by an affidavit or affirmation of the
25 applicant, that the applicant is of legal age, is of good moral
26 character and is not addicted to the intemperate use of alcohol
27 or the habitual use of narcotics or other habit-forming drugs,
28 and that the applicant has completed the educational
29 requirements prescribed by the board, and otherwise satisfies
30 the qualifications for the license or certificate contained in
19850S1158B1698 - 26 -
1 or authorized by this act. The board shall not issue a license
2 or certificate to an applicant who has been convicted of a
3 felony under the act of April 14, 1972 (P.L.233, No.64), known
4 as The Controlled Substance, Drug, Device and Cosmetic Act, or
5 of an offense under the laws of another jurisdiction which if
6 committed in this Commonwealth would be a felony under The
7 Controlled Substance, Drug, Device and Cosmetic Act, unless:
8 (1) at least ten years have elapsed from the date of
9 conviction;
10 (2) the applicant satisfactorily demonstrates to the
11 board that he has made significant progress in personal
12 rehabilitation since the conviction such that licensure of
13 the applicant should not be expected to create a substantial
14 risk of harm to the health and safety of his patients or the
15 public or a substantial risk of further criminal violations;
16 and
17 (3) the applicant otherwise satisfies the qualifications
18 contained in or authorized by this act.
19 As used in this section the term "convicted" shall include a
20 judgment, and AN admission of guilt or a plea of nolo <--
21 contendere.
22 (c) Refusal.--The board may refuse to issue a license or
23 certificate to an applicant based upon a ground for such action
24 contained in section 41.
25 (d) Limitation.--The board shall not refuse to issue a
26 license or certificate to an applicant unless the applicant has
27 been afforded the procedural protections required by this act.
28 (e) Action on application.--The application, upon filing by <--
29 the applicant of the evidence required under subsection (b) and
30 the expiration of a period of 90 days, shall be deemed to meet
19850S1158B1698 - 27 -
1 the requirements of this act and become effective, the license
2 or certificate shall be deemed issued, and the board shall take
3 no action against the applicant for practicing without a license
4 or certificate, unless within that period the application has
5 been disapproved by the board or proceedings have been initiated
6 against the applicant under this act.
7 Section 23. Standards for medical training facilities.
8 (a) General rule.--The educational qualifications for
9 acceptance as a matriculant in a medical college or other
10 medical training facility incorporated within this Commonwealth
11 and the curricula and training to be offered by such medical
12 colleges or other medical training facility shall meet the
13 requirements set by the board and any accrediting body which may
14 be recognized by the board.
15 (b) Duties of the board.--It shall be the duty of the board,
16 in its discretion, periodically to ascertain the character of
17 the instruction and the facilities possessed by each of the
18 medical colleges and other medical training facilities offering
19 or desiring to offer medical training in accordance with the
20 requirements of this act. In IT shall further be the duty of the <--
21 board, by inspection and/OR otherwise, to ascertain the <--
22 facilities and qualifications of medical colleges and other
23 medical training facilities outside this Commonwealth, whose
24 graduates or trainees desire to obtain licensure, graduate
25 medical training or certification in this Commonwealth, provided
26 further that the board shall have the authority to refuse to
27 license graduates of any such medical institutions, colleges or
28 hospitals which in its judgment do not meet similar standards
29 for medical training and facilities as are required of medical
30 institutions in this Commonwealth. In enforcing this provision,
19850S1158B1698 - 28 -
1 the board shall give due notice to any medical institution,
2 college or hospital upon which it has rendered a decision that
3 its training and facilities do not meet the standards required
4 by the board.
5 (c) Refusal of recognition.--In the event that the board
6 determines that a medical training facility has failed to
7 provide adequate facilities, curricula or training, the board
8 shall not recognize the education or degrees obtained from the
9 medical training facility during the period of inadequacy.
10 Section 24. Examinations.
11 (a) General rule.--The board may require an applicant to
12 take and pass an examination to the satisfaction of the board.
13 (b) Proficiency in English language.--In addition to any
14 other examination required by this act or by regulation of the
15 board, applicants for a license or certificate, whose principal
16 language is other than English, may also be required to
17 demonstrate, by examination, proficiency in the English language
18 to any agency considered competent by the board.
19 (c) Authority to call in medical consultants.--For the <--
20 purpose of conducting all examinations, the board shall have the
21 privilege of calling to its aid medical consultants who shall be
22 compensated for their services at a reasonable rate in an amount
23 as determined, from time to time, by the board in addition to
24 all incurred expenses, in accordance with Commonwealth
25 regulations.
26 (C) THIRD-PARTY TESTING.--ALL WRITTEN, ORAL AND PRACTICAL <--
27 EXAMINATIONS SHALL BE PREPARED AND ADMINISTERED BY A QUALIFIED
28 AND APPROVED PROFESSIONAL TESTING ORGANIZATION IN THE MANNER
29 PRESCRIBED FOR WRITTEN EXAMINATIONS BY THE PROVISIONS OF SECTION
30 812.1 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS
19850S1158B1698 - 29 -
1 THE ADMINISTRATIVE CODE OF 1929.
2 (d) Examining agency.--When the board accepts an examination
3 given by an examining agency, the board may establish the
4 criteria for passing, or may accept the criteria for passing,
5 established by the examining agency. If the examination is
6 offered in parts, the board may establish, by regulation, a time
7 period in which the entire examination must be successfully
8 completed. The board may establish, by regulation, a maximum
9 number of examination attempts it will recognize for the purpose
10 of receiving a passing score on an examination recognized but
11 not given by the board.
12 Section 25. Licenses and certificates; biennial registration.
13 (a) Issuance of licenses and certificates.--All applicants
14 who have complied with the requirements of the board, and who
15 shall have passed a final examination, and who have otherwise <--
16 complied with the provisions of this act, shall receive from the
17 commissioner, or whoever exercises equivalent authority acting
18 for the board, a license or certificate entitling them to the
19 right to practice in this Commonwealth. Each such license or
20 certificate shall be duly recorded in the office of the board,
21 in a record to be properly kept for that purpose which shall be
22 open to public inspection and a certified copy of said record
23 shall be received as evidence in all courts in this Commonwealth
24 in the trial of any case.
25 (b) Renewals.--It shall be the duty of all persons now or
26 hereafter licensed or certified to be registered with the board
27 and, thereafter, to register in like manner at such intervals
28 and by such methods as the board shall determine by regulations,
29 but in no case shall such renewal period be longer than two
30 years. The form and method of such registration shall be
19850S1158B1698 - 30 -
1 determined by the board.
2 (c) Fees.--Each person so registering with the board shall
3 pay, for each biennial registration, a reasonable fee which, if
4 any, shall accompany the application for such registration.
5 (d) Evidence of registration.--Upon receiving a proper
6 application for such registration accompanied by the fee, if
7 any, above provided for, the board shall issue a certificate of
8 registration to the applicant. Said certificate together with
9 its renewals shall be good and sufficient evidence of
10 registration under the provisions of this act.
11 Section 26. Certification of license or certificate.
12 The status of a license or certificate issued by the board
13 shall be certified by the board to other jurisdictions or
14 persons upon formal application and payment of a reasonable fee.
15 Section 27. Reciprocity or endorsement.
16 Reciprocity or endorsement may be established at the
17 discretion of the board. As used in this section, the term
18 "reciprocity" means the act of the board and a licensing
19 authority in another jurisdiction, each recognizing that the
20 requirements for a license or certificate in this Commonwealth
21 and in the other jurisdiction are equivalent, issuing a license
22 or certificate to an applicant who possesses a similar license
23 or certificate in the other jurisdiction. As used in this
24 section, the term "endorsement" means the issuance of a license
25 or certificate by the board to an applicant who does not meet
26 standard requirements, if the applicant has achieved cumulative
27 qualifications which are accepted by the board as being
28 equivalent to the standard requirements for the license or
29 certificate.
30 Section 28. License to practice medicine and surgery.
19850S1158B1698 - 31 -
1 An individual is not qualified for a license to practice
2 medicine and surgery unless the individual has received an
3 academic degree in medicine and surgery from a medical college
4 and the individual satisfies the other qualifications for the
5 license contained in or authorized by this act.
6 Section 29. License without restriction.
7 (a) General rule.--A license without restriction empowers
8 the licensee to practice medicine and surgery without any
9 restriction or limitation.
10 (b) Graduates of accredited medical colleges.--No license
11 without restriction may be issued to a graduate of an accredited
12 medical college unless the applicant has completed successfully
13 as a resident two years of approved graduate medical training.
14 (c) Graduates of unaccredited medical colleges.--No license
15 without restriction may be issued to a graduate of an
16 unaccredited medical college unless the applicant has completed
17 successfully as a resident three years of approved graduate
18 medical training, educational requirements prescribed by the
19 board and certification by the Educational Council for Foreign
20 Medical Graduates, or its successors.
21 (d) Examinations.--The board shall hold at least two
22 examinations for applicants for a license without restriction
23 each year. Special examinations may be designated by the board.
24 The examinations shall be held at such times and places as
25 designated by the board. In case of failure at any such
26 examination, the applicant shall have, after the expiration of
27 six months and within two years, the privilege of a second
28 examination by the board. In case of failure in a second
29 examination, or after the expiration of two years, the applicant
30 must thereafter successfully complete, as a resident, one year
19850S1158B1698 - 32 -
1 of graduate medical training approved by the board, apply de
2 novo, and qualify under the conditions in existence at the time
3 of the application.
4 Section 30. License with restriction. <--
5 (a) General rule.--A license with restriction empowers the
6 licensee to practice medicine and surgery with such restrictions
7 or limitations as may be established by the board, including
8 restrictions in the scope of permitted practice, a requirement
9 that the applicant take one or more refresher educational
10 courses or mandated submission of medical care, counseling or
11 treatment.
12 (b) Prerequisite.--No license with restriction may by issued
13 unless the applicant has otherwise been issued, or is qualified
14 to be issued, a license without restriction in accordance with
15 this act.
16 (c) Disciplinary proceedings or voluntary request.--The
17 board may issue a license with restriction only upon completion
18 of disciplinary proceedings in accordance with this act or upon
19 a voluntary request of the applicant.
20 SECTION 30. INTERIM LIMITED LICENSE. <--
21 (A) GENERAL RULE.--AN INTERIM LIMITED LICENSE EMPOWERS THE
22 LICENSEE TO PROVIDE MEDICAL SERVICE OTHER THAN AT THE TRAINING
23 LOCATION OF THE LICENSEE'S APPROVED GRADUATE TRAINING PROGRAM
24 FOR A PERIOD OF UP TO 12 CONSECUTIVE MONTHS.
25 (B) REQUIREMENTS.--NO INTERIM LIMITED LICENSE MAY BE ISSUED
26 UNLESS THE APPLICANT IS A GRADUATE OF AN ACCREDITED MEDICAL
27 COLLEGE AND HOLDS A VALID GRADUATE LICENSE, HAS SUCCESSFULLY
28 COMPLETED ONE FULL YEAR OF APPROVED GRADUATE TRAINING, HAS
29 RECEIVED THE WRITTEN APPROVAL OF THE DIRECTOR OF THE GRADUATE
30 TRAINING PROGRAM, AND IS IN COMPLIANCE WITH APPLICABLE
19850S1158B1698 - 33 -
1 REGULATIONS OF THE BOARD.
2 (C) EXTENSIONS.--THE BOARD, UPON APPLICATION WHEN SUCH
3 ACTION IS WARRANTED, MAY EXTEND THE VALIDITY OF AN INTERIM
4 LIMITED LICENSE FOR A PERIOD OF UP TO 12 ADDITIONAL CONSECUTIVE
5 MONTHS, BUT IN NO EVENT SHALL THE EXTENSION BE FOR A GREATER
6 PERIOD OF TIME.
7 Section 31. Graduate license.
8 (a) General rule.--A graduate license empowers the licensee
9 to participate for a period of up to 12 consecutive months in
10 graduate medical training within the complex of the hospital to
11 which the licensee is assigned and any satellite facility or
12 other training location utilized in the graduate training
13 program.
14 (b) Requirements.--No graduate license may be issued unless
15 the applicant is a graduate of an accredited medical college or
16 an unaccredited medical college and has received a medical
17 degree. A graduate license may be issued to an applicant who
18 holds the equivalent of a license without restriction granted by
19 another state or, territory OR POSSESSION of the United States <--
20 or the Dominion of Canada.
21 (c) Extensions; waivers.--The board may extend the validity
22 of a graduate license upon application when such action is
23 warranted. In the event a graduate license holder is issued a
24 license without restriction and wishes to continue graduate
25 medical training, the graduate license holder shall complete and
26 keep current a form satisfactory to the board containing
27 information desired by the board on the ABOUT SAID graduate <--
28 medical training program. A graduate of an unaccredited medical
29 college, who does not possess all of the qualifications for the
30 issuance of a graduate license but desires to train in a
19850S1158B1698 - 34 -
1 hospital within this Commonwealth in an area of advanced medical
2 training, may have the unmet qualifications waived by the board
3 if the board determines that the applicant possesses the
4 technical skills and educational background to participate in
5 such training and that its issuance is beneficial to the health,
6 safety and welfare of the general public of this Commonwealth.
7 Section 32. Institutional license.
8 (a) General rule.--An institutional license empowers the
9 licensee to teach or practice medicine and surgery in one of the
10 medical colleges, affiliates or hospitals within this
11 Commonwealth.
12 (b) Requirements.--No institutional license may be issued
13 unless the applicant:
14 (1) is a graduate of an unaccredited medical college who
15 has attained through professional growth and teaching
16 experience the status of teacher; or
17 (2) is not otherwise licensed to practice medicine and
18 surgery in this Commonwealth but has achieved outstanding
19 medical skills in a particular area of medicine and surgery
20 and wishes to practice, demonstrate or teach with those
21 outstanding medical skills.
22 (c) Determinations by the board.--The board shall issue an
23 institutional license valid for no more than three years, as the
24 board shall determine and only when it determines that its
25 issuance is beneficial to the health, safety and welfare of the
26 general public of this Commonwealth. A person granted an
27 institutional license who subsequently desires to obtain a
28 license without restriction shall be required to meet all of the
29 requirements of such license as set forth in this act.
30 Section 33. Temporary license.
19850S1158B1698 - 35 -
1 (a) General rule.--A temporary license empowers the licensee
2 to:
3 (1) teach medicine and surgery or participate in a
4 medical procedure necessary for the well-being of a specified
5 patient within this Commonwealth; or
6 (2) practice medicine and surgery at a camp or resort
7 for no more than three months.
8 (b) Requirements.--No temporary license may be issued unless
9 the applicant holds the equivalent of a license without
10 restriction granted by another state, territory, POSSESSION or <--
11 country.
12 (c) Additional conditions.--The board may impose any
13 appropriate limitation in scope, duration or site of practice on
14 the temporary license. Temporary licensees shall be deemed
15 health care providers who conduct 50% or less of their health
16 care business or practice within this Commonwealth for the
17 purposes of the act of October 15, 1975 (P.L.390, No.111), known
18 as the Health Care Services Malpractice Act.
19 Section 34. Extraterritorial license.
20 (a) General rule.--An extraterritorial license empowers the
21 licensee residing in or maintaining the office of practice in
22 any adjoining state near the boundary line between such state
23 and this Commonwealth, whose medical practice extends into this
24 Commonwealth, to practice medicine and surgery with or without
25 restriction in this Commonwealth on such patients.
26 (b) Requirements.--No extraterritorial license may be issued
27 unless the applicant holds the equivalent of a license without
28 restriction granted by a state adjoining this Commonwealth.
29 (c) Additional conditions.--An extraterritorial license may
30 be granted by the board so long as the board is provided with:
19850S1158B1698 - 36 -
1 (1) An application for the license, which shall include
2 information on malpractice insurance coverage compliance.
3 (2) A certification by the authorized licensing body of
4 such state of the current license in the state of residence
5 and primary practice.
6 The exercise of the discretion of the board in granting such a
7 license will depend primarily upon the needs of patients in this
8 Commonwealth, the availability of medical care in the specific
9 area involved and whether the adjoining state of licensure
10 reciprocates by extending similar privileges to medical doctors
11 who reside and have their office of practice in this
12 Commonwealth. Such a license will be automatically revoked if
13 such medical doctor relocates the office of practice or
14 residence. A medical doctor granted such a license has the duty
15 to inform the board of any changes in practice which may in any
16 way affect the maintenance of the license.
17 Section 35. Nurse-midwife license.
18 (a) General rule.--A nurse-midwife license empowers the
19 licensee to practice midwifery in this Commonwealth as provided
20 in this act. The board shall formulate and issue such rules and
21 regulations, from time to time, as may be necessary for the
22 examination, licensing and proper conduct of the practice of
23 midwifery.
24 (b) Requirements.--No nurse-midwife license will be issued
25 unless the applicant is a registered nurse licensed in this
26 Commonwealth. An applicant for a midwife license must have
27 completed an academic and clinical program of study in midwifery
28 which has been approved by the board or an accrediting body
29 recognized by the board.
30 Section 36. Physician assistant certificate.
19850S1158B1698 - 37 -
1 (a) General rule.--A physician assistant certificate
2 empowers the holder to assist a medical doctor in the provision
3 of medical care and services under the supervision and direction
4 of that medical doctor as provided in this act.
5 (b) Requirements.--No physician assistant certificate may be
6 issued to the applicant unless the requirements set forth by
7 this act and such rules and regulations issued by the board are
8 met, including requirements for the physician assistant
9 certificate of training and educational programs which shall be
10 formulated by the board in accordance with such national
11 criteria as are established by national organizations or
12 societies as the board may accept.
13 (c) Criteria.--The board shall grant physician assistant
14 certificates to applicants who have fulfilled the following
15 criteria:
16 (1) Satisfactory performance on the proficiency
17 examination to the extent that a proficiency examination
18 exists.
19 (2) Satisfactory completion of a certified program for
20 the training and education of physician assistants.
21 (d) Biennial renewal.--A physician assistant certificate
22 shall be subject to biennial renewal by the board.
23 (e) Description of manner of assistance.--The application
24 shall include a written request from the applicant's supervising
25 medical doctor who shall file with the board a description of
26 the manner in which the physician assistant will assist the
27 supervising medical doctor, which description shall be subject
28 to the approval of the board.
29 Section 37. Reporting of multiple licensure.
30 Any licensed medical doctor in this Commonwealth who is also
19850S1158B1698 - 38 -
1 licensed to practice medicine and surgery in any other state,
2 territory, POSSESSION or country AND ANY OTHER BOARD REGULATED <--
3 PRACTITIONER WHO IS LICENSED OR CERTIFICATED TO PRACTICE shall
4 report this information to the board ON THE BIENNIAL <--
5 REGISTRATION APPLICATION. on the biennial registration <--
6 application or within 90 days of final disposition, whichever is
7 sooner. Any disciplinary action taken in other states must SUCH <--
8 OTHER JURISDICTION SHALL be reported to the board on the
9 biennial registration application OR WITHIN 90 DAYS OF FINAL <--
10 DISPOSITION, WHICHEVER IS SOONER. Multiple licensure will SHALL <--
11 be noted BY THE BOARD on the medical doctor's BOARD REGULATED <--
12 PRACTITIONER'S record and such state, territory, POSSESSION or <--
13 country will SHALL be notified BY THE BOARD of any disciplinary <--
14 actions taken against said medical doctor BOARD REGULATED <--
15 PRACTITIONER in this Commonwealth.
16 Section 38. Injunctions against unlawful practice.
17 It shall be unlawful for any person to practice, or attempt
18 to offer to practice, medicine and surgery, as defined in this <--
19 act OR OTHER AREAS OF PRACTICE REQUIRING A LICENSE, CERTIFICATE <--
20 OR REGISTRATION FROM THE BOARD, AS SUCH PRACTICE IS DEFINED IN <--
21 THIS ACT, without having at the time of so doing a valid,
22 unexpired, unrevoked and unsuspended license, CERTIFICATE OR <--
23 REGISTRATION issued under this act. The unlawful practice of
24 medicine and surgery OR OTHER AREAS OF PRACTICE REQUIRING A <--
25 LICENSE, CERTIFICATE OR REGISTRATION FROM THE BOARD as SUCH <--
26 PRACTICE IS defined in this act may be enjoined by the courts on
27 petition of the board or by the commissioner. In any such <--
28 proceeding it shall not be necessary to show that any person is
29 individually injured by the actions complained of. If it is
30 determined the respondent has engaged in the unlawful practice
19850S1158B1698 - 39 -
1 of medicine and surgery, OR OTHER AREAS OF PRACTICE REQUIRING A <--
2 LICENSE, CERTIFICATE OR REGISTRATION FROM THE BOARD, the court
3 shall enjoin him from so practicing unless and until he has been
4 duly licensed, CERTIFICATED OR REGISTERED. Procedure in such <--
5 cases shall be the same as in any other injunction suit. The
6 remedy by injunction hereby given is in addition to any other
7 civil or criminal prosecution and punishment.
8 Section 39. Penalties.
9 (a) General rule.--Any person, or the responsible officer or
10 employee of any corporation or partnership, institution or
11 association, violating WHO VIOLATES any provisions of this act, <--
12 or any rule or regulation of the board commits of a misdemeanor <--
13 of the third degree and shall, upon conviction, be sentenced to
14 pay a fine of not more than $2,000 or to imprisonment for not
15 more than six months, or both, for the first violation. On the
16 second and each subsequent conviction, he or she shall be
17 sentenced to pay a fine of not less than $5,000 nor more than
18 $20,000 or to imprisonment for not less than six months nor more
19 than one year, or both.
20 (b) Civil penalties.--In addition to any other civil remedy
21 or criminal penalty provided for in this act, the board, by a
22 vote of the majority of the maximum number of the authorized
23 membership of the board as provided by law, or by a vote of the
24 majority of the duly qualified and confirmed membership or a
25 minimum of four FIVE members, whichever is greater, may levy a <--
26 civil penalty of up to $1,000 on any current licensee who
27 violates any provision of this act or on any person who
28 practices medicine AND SURGERY or other areas of practice <--
29 regulated by REQUIRING A LICENSE, CERTIFICATE OR REGISTRATION <--
30 FROM the board without being properly licensed or, certificated <--
19850S1158B1698 - 40 -
1 OR REGISTERED to do so under this act. The board shall levy this <--
2 penalty only after affording the accused party the opportunity
3 for a hearing, as provided in Title 2 of the Pennsylvania
4 Consolidated Statutes (relating to administrative law and
5 procedure). The board shall, within six months after the <--
6 effective date of this act, adopt guidelines setting forth the
7 amounts and circumstances for which a fine may be imposed. No
8 fines may be imposed in accordance with this subsection until
9 the board has adopted the required guidelines. Nothing in this
10 subsection shall be construed to give the board authority to
11 impose a civil penalty upon any person licensed by another
12 licensing board when acting within the scope of practice of that
13 profession.
14 Section 40. Temporary and automatic suspensions.
15 (a) Temporary suspensions.--A license or certificate issued
16 under this act may be temporarily suspended under circumstances
17 as determined by the board to be an immediate and clear danger
18 to the public health and safety. The board shall issue an order
19 to that effect without a hearing, but upon due notice, to the
20 licensee or certificate holder concerned at his or her last
21 known address, which shall include a written statement of all
22 allegations against the licensee or certificate holder. The
23 provisions of section 9 shall not apply to temporary suspension.
24 The board shall thereupon commence formal action to suspend,
25 revoke and OR restrict the license or certificate of the person <--
26 concerned as otherwise provided for in this act. All actions
27 shall be taken promptly and without delay. Within 30 days
28 following the issuance of an order temporarily suspending a
29 license, the board shall conduct or cause to be conducted, a
30 preliminary hearing to determine that there is a prima facie
19850S1158B1698 - 41 -
1 case supporting the suspension. The licensee or certificate
2 holder whose license or certificate has been temporarily
3 suspended may be present at the preliminary hearing and may be
4 represented by council COUNSEL, cross-examine witnesses, inspect <--
5 physical evidence, call witnesses, offer evidence and testimony
6 and make a record of the proceedings. If it is determined that
7 there is not a prima facie case, the suspended license shall be
8 immediately restored. The temporary suspension shall remain in
9 effect until vacated by the board, but in no event longer than
10 180 days.
11 (b) Automatic suspensions.--A license or certificate issued
12 under this act shall automatically be suspended upon the legal
13 commitment to an institution of a licensee or certificate holder
14 because of mental incompetency from any cause upon filing with
15 the board a certified copy of such commitment, conviction of a
16 felony under the act of April 14, 1972 (P.L.233, No.64), known
17 as The Controlled Substance, Drug, Device and Cosmetic Act, or
18 conviction of an offense under the laws of another jurisdiction,
19 which if committed in this Commonwealth, would be a felony under
20 The Controlled Substance, Drug, Device and Cosmetic Act. As used
21 in this section the term "conviction" shall include a judgment,
22 an admission of guilt or a plea of nolo contendere. Automatic
23 suspension under this subsection shall not be stayed pending any
24 appeal of a conviction. Restoration of such license or
25 certificate shall be made as hereinafter provided in the case of
26 revocation or suspension of such license or certificate.
27 Section 41. Reasons for refusal, revocation, suspension or
28 other corrective actions against a licensee or
29 certificate holder.
30 The board shall have authority to impose disciplinary or
19850S1158B1698 - 42 -
1 corrective measures on a BOARD REGULATED practitioner for any or <--
2 all of the following reasons:
3 (1) Failing to demonstrate the qualifications or
4 standards for a license, certification or registration
5 contained in this act, or regulations of the board.
6 (2) Making misleading, deceptive, untrue or fraudulent
7 representations in the practice of the profession or
8 practicing fraud or deceit, either alone or as a conspirator
9 in obtaining a license, certification or registration, or in
10 obtaining admission to a medical college.
11 (3) Being convicted of a felony, a misdemeanor relating
12 to a health profession, or receiving probation without
13 verdict, disposition in lieu of trial or an accelerated
14 rehabilitative disposition in the disposition of felony
15 charges, in the courts of this Commonwealth, a Federal court
16 or a court of any other state, territory or country.
17 (4) Having a license or other authorization to practice
18 the profession revoked or suspended or having other
19 disciplinary action taken, or an application for a license or
20 other authorization refused, revoked or suspended by a proper
21 licensing authority of another state, territory, POSSESSION <--
22 or country, or a branch of the Federal Government.
23 (5) Being unable to practice the profession with
24 reasonable skill and safety to patients by reason of illness,
25 addiction to drugs or alcohol, having been convicted of a
26 felonious act prohibited by the act of April 14, 1972
27 (P.L.233, No.64), known as The Controlled Substance, Drug,
28 Device and Cosmetic Act, or convicted of a felony relating to
29 a controlled substance in a court of law of the United States
30 or any other state, territory, POSSESSION or country, or if <--
19850S1158B1698 - 43 -
1 he or she is or shall become mentally incompetent. An
2 applicant's statement on the application declaring the
3 absence of a conviction shall be deemed satisfactory evidence
4 of the absence of a conviction unless the board has some
5 evidence to the contrary. In enforcing this paragraph, the
6 board shall, upon probable cause, have authority to compel a
7 practitioner to submit to a mental or physical examination by
8 physicians A PHYSICIAN OR A PSYCHOLOGIST approved by the <--
9 board. Failure of a practitioner to submit to such
10 examination when directed by the board, unless such failure
11 is due to circumstances beyond his or her control, shall
12 constitute an admission of the allegations against him or
13 her, consequent upon which a default and final order may be
14 entered without the taking of testimony or presentation of
15 evidence. A practitioner affected under this paragraph shall
16 at reasonable intervals be afforded an opportunity to
17 demonstrate that he or she can resume a competent practice of
18 his or her profession with reasonable skill and safety to
19 patients.
20 (6) Violating a lawful regulation promulgated by the
21 board or violating a lawful order of the board previously
22 entered by the board in a disciplinary proceeding.
23 (7) Knowingly maintaining a professional connection or
24 association with any person who is in violation of this act
25 or regulations of the board or knowingly aiding, assisting,
26 procuring or advising any unlicensed person to practice a
27 profession contrary to this act, or regulations of the board.
28 (8) Being guilty of immoral or unprofessional conduct.
29 Unprofessional conduct shall include departure from or
30 failing to conform to an ethical or quality standard of the
19850S1158B1698 - 44 -
1 profession. IN PROCEEDINGS BASED ON THIS PARAGRAPH, ACTUAL <--
2 INJURY TO A PATIENT NEED NOT BE ESTABLISHED.
3 (i) The ethical standards of a profession are those
4 ethical tenets which are embraced by the professional
5 community in this Commonwealth.
6 (ii) A practitioner departs from, or fails to
7 conform to, a quality standard of the profession when the
8 practitioner provides a medical service at a level
9 beneath the accepted standard of care. The board may
10 promulgate regulations which define the accepted standard
11 of care. In the event the board has not promulgated an
12 applicable regulation, the accepted standard of care for
13 a practitioner is that which would be normally exercised
14 by the average professional of the same kind in this
15 Commonwealth under the circumstances, including locality
16 and whether the practitioner is or purports to be a
17 specialist in the area.
18 (9) Acting is IN such manner as to present an immediate <--
19 and clear danger to publish PUBLIC health or safety. <--
20 (10) Acting outside the scope of a license or
21 certificate.
22 (11) MAKING A FALSE OR DECEPTIVE BIENNIAL REGISTRATION <--
23 WITH THE BOARD.
24 Section 42. Types of corrective action.
25 (a) Authorized actions.--When the board is empowered to take
26 disciplinary or corrective action against a BOARD REGULATED <--
27 practitioner under the provisions of this act or pursuant to
28 other statutory authority, the board may:
29 (1) Deny the application for a license, certificate or
30 any other privilege granted by the board.
19850S1158B1698 - 45 -
1 (2) Administer a public reprimand with or without
2 probation.
3 (3) Administer a private reprimand with or without <--
4 probation.
5 (4) (3) Revoke, suspend, limit or otherwise restrict a
6 license or certificate.
7 (5) (4) Require the professional BOARD REGULATED <--
8 PRACTITIONER to submit to the care, counseling or treatment
9 of a physician or other health care professional A <--
10 PSYCHOLOGIST designated by the board.
11 (6) (5) Require the professional BOARD REGULATED <--
12 PRACTITIONER to take refresher educational courses.
13 (7) Suspend (6) STAY enforcement of any suspension, <--
14 other than that imposed in accordance with section 41, or <--
15 revocation and place a practitioner PROFESSIONAL BOARD <--
16 REGULATED PRACTITIONER on probation with the right to vacate
17 the probationary order from FOR noncompliance. <--
18 (8) (7) Impose a monetary penalty in accordance with <--
19 this act.
20 (b) Failure to comply with conditions.--Failure of a
21 professional BOARD REGULATED PRACTITIONER to comply with <--
22 conditions set forth by the board shall be grounds for
23 reconsideration of the matter and institution of formal charges
24 against the licensee or certificate holder BOARD REGULATED <--
25 PRACTITIONER.
26 Section 43. Reinstatement of license, certificate or
27 registration.
28 (a) In general.--Unless ordered to do so by Commonwealth
29 Court or on appeal therefrom, the board shall not reinstate the
30 license, certificate or registration of a person to practice
19850S1158B1698 - 46 -
1 medicine OR AND SURGERY OR OTHER AREAS OF PRACTICE REQUIRING A <--
2 LICENSE, CERTIFICATE OR REGISTRATION FROM THE BOARD pursuant to
3 this act which has been revoked. Except as provided in
4 subsection (b), any person whose license, certificate or
5 registration has been revoked may apply for reinstatement, after
6 a period of at least five years, but must meet all of the
7 licensing qualifications of this act for the license applied
8 for, to include the examination requirement, if he or she
9 desires to practice at any time after such revocation.
10 (b) Reinstatement after felony conviction.--Any person whose
11 license, certificate or registration has been suspended or
12 revoked because of a felony conviction under the act of April
13 14, 1972 (P.L.233, No.64), known as The Controlled Substance,
14 Drug, Device and Cosmetic Act, or similar law of another
15 jurisdiction, may apply for reinstatement after a period of at
16 least ten years has elapsed from the date of conviction. The
17 board may reinstate the license if the board is satisfied that
18 the person has made significant progress in personal
19 rehabilitation since the conviction such that his reinstatement
20 should not be expected to create a substantial risk of harm to
21 the health and safety of his patients or the public or a
22 substantial risk of further criminal violations and if the
23 person meets all other licensing qualifications of this act
24 INCLUDING THE EXAMINATION REQUIREMENT. <--
25 Section 44. Surrender of suspended or revoked license, <--
26 CERTIFICATE OR REGISTRATION.
27 The board shall require a person whose license, certificate
28 or registration has been suspended or revoked to return THE <--
29 LICENSE, CERTIFICATE OR REGISTRATION, in such manner as the
30 board directs, the license, certificate or registration. A <--
19850S1158B1698 - 47 -
1 person who fails to do so commits a misdemeanor of the third
2 degree.
3 SECTION 45. RADIOLOGIC PROCEDURES; EDUCATION AND TRAINING <--
4 REQUIRED.
5 (A) SUPERVISION.--ON AND AFTER JANUARY 1, 1987, NO AUXILIARY
6 PERSONNEL SHALL PERFORM RADIOLOGIC PROCEDURES ON THE PREMISES OF
7 A MEDICAL DOCTOR UNLESS SUCH PERSON IS UNDER THE DIRECT
8 SUPERVISION OF A MEDICAL DENTIST DOCTOR WHO IS ON THE PREMISES <--
9 AT THE TIME THE X-RAY IS TAKEN AND UNLESS SUCH PERSON HAS PASSED
10 AN EXAMINATION APPROVED BY THE BOARD AND ADMINISTERED IN
11 ACCORDANCE WITH SECTION 812.1 OF THE ACT OF APRIL 9, 1929
12 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
13 (B) EXCLUSION.--THE BOARD SHALL, BY REGULATION, PROVIDE FOR
14 THE EXCLUSION OF AUXILIARY PERSONNEL FROM PERFORMING RADIOLOGIC
15 PROCEDURES IF THE CONTINUED PERFORMANCE OF RADIOLOGIC PROCEDURES
16 BY THE AUXILIARY PERSONNEL IS DETERMINED BY THE BOARD TO POSE A
17 THREAT TO THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC.
18 (C) PENALTY.--IT SHALL BE UNLAWFUL UNDER THIS ACT TO
19 KNOWINGLY PERMIT RADIOLOGIC PROCEDURES TO BE PERFORMED IN
20 VIOLATION OF THIS SECTION OR IN VIOLATION OF THE REGULATIONS
21 PROMULGATED ON OR ORDERS ISSUED IN ACCORDANCE WITH THIS SECTION. <--
22 (D) EDUCATION AND TESTING.--NO AUXILIARY PERSONNEL WHO HAS
23 OR OBTAINS A LICENSE, CERTIFICATE OR REGISTRATION ISSUED BY, OR
24 ON BEHALF OF, A BOARD WITHIN THE BUREAU OF PROFESSIONAL AND
25 OCCUPATIONAL AFFAIRS SHALL BE REQUIRED TO UNDERGO ANY ADDITIONAL
26 EDUCATION OR TESTING PURSUANT TO THIS SECTION IF RADIOLOGIC
27 PROCEDURES WERE INCLUDED IN THE EDUCATION OR THE EXAMINATION
28 WHICH HE OR SHE WAS REQUIRED TO COMPLETE SUCCESSFULLY IN ORDER
29 TO BE ELIGIBLE FOR SUCH LICENSE, CERTIFICATE OR REGISTRATION.
30 Section 45 46. Reestablishment. <--
19850S1158B1698 - 48 -
1 This act, with respect to the State Board of Medical
2 Education and Licensure, shall constitute the legislation
3 required to reestablish an agency pursuant to the act of
4 December 22, 1981 (P.L.508, No.142), known as the Sunset Act.
5 Section 46 47. Severability. <--
6 The provisions of this act are severable. If any provision of
7 this act or its application to any person or circumstance is
8 held invalid, the invalidity shall not affect other provisions
9 or applications of this act which can be given effect without
10 the invalid provision or application.
11 Section 47 48. Repeals. <--
12 (a) Specific repeals.--Section 412 of the act of April 9,
13 1929 (P.L.177, No.175), know as The Administrative Code of 1929,
14 is repealed.
15 The act of July 20, 1974 (P.L.551, No.190), known as the
16 Medical Practice Act of 1974, is repealed.
17 (b) General repeal.--All other acts and parts of acts are
18 repealed insofar as they are inconsistent with this act.
19 Section 48 49. Applicability of act. <--
20 (a) General rule.--The provisions of this act shall not
21 apply either directly or indirectly, by intent or purpose, to
22 affect the practice of:
23 (1) Chiropractic, as authorized by the act of August 10,
24 1951 (P.L.1182, No.264), known as the Chiropractic
25 Registration Act of 1951.
26 (2) Dentistry, as authorized by the act of May 1, 1933
27 (P.L.216, No.76), known as The Dental Law.
28 (3) Optometry, as authorized by the act of June 6, 1980
29 (P.L.197, No.57), known as the Optometric Practice and
30 Licensure Act.
19850S1158B1698 - 49 -
1 (4) Osteopathy, as authorized by the act of October 5,
2 1978 (P.L.1109, No.261), known as the Osteopathic Medical
3 Practice Act.
4 (5) Pharmacy, as authorized by the acts of April 14,
5 1972 (P.L.233, No.64), known as The Controlled Substance,
6 Drug, Device and Cosmetic Act, and September 27, 1961
7 (P.L.1700, No.699), known as the Pharmacy Act.
8 (6) Physical Therapy, as authorized by the act of
9 October 10, 1975 (P.L.383, No.110), known as the Physical
10 Therapy Practice Act.
11 (7) Podiatry, as authorized by the act of March 2, 1956
12 (P.L.1206, No.375), known as the Podiatry Act of 1956.
13 (8) Professional Nursing, as authorized by the act of
14 May 22, 1951 (P.L.317, No.69), known as The Professional
15 Nursing Law.
16 (9) Psychologists, as authorized by the act of March 23,
17 1972 (P.L.136, No.52), referred to as the Psychologists
18 License Act.
19 (b) Exemption.--This act shall not be construed so as to
20 give the Board of Medicine any jurisdiction over any of the
21 schools or colleges of the methods exempted in this section.
22 (c) No application to practice of hypnosis.--The provisions
23 of this act shall not apply either directly or indirectly, by
24 intent or purpose, to the practice of hypnosis.
25 Section 49 50. Existing board. <--
26 The presently confirmed members of the State Board of Medical
27 Education and Licensure constituted under section 412 of the act
28 of April 9, 1929 (P.L.177, No.175), known as The Administrative
29 Code of 1929, as of December 31, 1985, shall continue to serve
30 as board members until their present terms of office expire and <--
19850S1158B1698 - 50 -
1 PROVIDED THAT ANY PRESENT BOARD MEMBER WHOSE TERM HAS EXPIRED ON <--
2 OR BEFORE THE EFFECTIVE DATE OF THIS ACT SHALL SERVE UNTIL a
3 successor has been appointed and qualified, but no longer than
4 six months after the effective date of this act.
5 Section 50 51. Existing rules and regulations. <--
6 Each rule and regulation of the board in effect on December
7 31, 1985, not inconsistent with this act, shall remain in effect
8 after such date until repealed or amended by the board PROVIDED <--
9 THAT THE BOARD SHALL IMMEDIATELY INITIATE THE REPEAL OR
10 AMENDMENT OF ANY RULE OR REGULATION WHICH IS INCONSISTENT WITH
11 THE PROVISIONS OF THIS ACT. Each fee of the board in effect on
12 December 31, 1985, and not inconsistent with this act, shall
13 remain in effect after such date until repealed or amended by <--
14 the board or the commissioner IN ACCORDANCE WITH THE PROVISIONS <--
15 OF THIS ACT.
16 Section 51 52. Existing licenses, certificates and <--
17 registrations.
18 Any person who holds a valid license, certificate or
19 registration issued by the State Board of Medical Education and
20 Licensure under the act of July 20, 1974 (P.L.551, No.190),
21 known as the Medical Practice Act of 1974, relating to the
22 practice of medicine, prior to the effective date of this act
23 shall, on and after the effective date hereof, be deemed
24 licensed, certificated or registered by the State Board of
25 Medicine as provided for in this act.
26 Section 52 53. Effective date. <--
27 This act shall take effect January 1, 1986. <--
28 THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
29 (1) SECTION 29(B) AND (C) SHALL TAKE EFFECT JULY 1, <--
30 1987.
19850S1158B1698 - 51 -
1 (1) FOR THE PURPOSES OF DETERMINING IF APPLICANTS HAVE <--
2 SATISFACTORILY COMPLETED THE APPROVED GRADUATE MEDICAL
3 TRAINING REQUIRED FOR ELIGIBILITY TO RECEIVE A LICENSE
4 WITHOUT RESTRICTION, APPLICANTS WHO ARE PARTICIPATING IN A
5 RESIDENCY PROGRAM ON OR BEFORE JUNE 30, 1987, SHALL BE
6 SUBJECT TO THE PROVISIONS OF THE ACT OF JULY 20, 1974
7 (P.L.551, NO.190), KNOWN AS THE MEDICAL PRACTICE ACT OF 1974.
8 (2) THE REMAINDER OF THIS THIS ACT SHALL TAKE EFFECT <--
9 JANUARY 1, 1986, OR IMMEDIATELY, WHICHEVER IS LATER.
J10L63CHF/19850S1158B1698 - 52 -