PRINTER'S NO. 464
No. 444 Session of 1995
INTRODUCED BY DeLUCA, PESCI, FLICK, HERSHEY, CLARK, TIGUE,
TRELLO, BELFANTI, DONATUCCI, PRESTON, YOUNGBLOOD, JOSEPHS AND
GEIST, JANUARY 31, 1995
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 31, 1995
AN ACT
1 Regulating the release of information regarding patients of
2 health care practitioners.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Health care practitioner." A physician as defined in the
10 act of October 5, 1978 (P.L.1109, No.261), known as the
11 Osteopathic Medical Practice Act, or a medical doctor as defined
12 by the act of December 20, 1985 (P.L.457, No.112), known as the
13 Medical Practice Act of 1985.
14 Section 2. Termination of practice.
15 (a) General rule.--A health care practitioner shall give
16 written notice to each patient not later than 60 days prior to
17 leaving practice.
1 (b) Content of notice.--The notice required under subsection
2 (a) shall include a statement that the patient's records are
3 confidential and will not be sold or otherwise made available to
4 another health care practitioner if the patient objects. The
5 notice shall also include such additional information as the
6 health care practitioner deems appropriate or as the health care
7 practitioner's licensing board directs.
8 (c) Publication.--In addition to the notice required under
9 subsection (a), a health care practitioner shall cause a similar
10 notice to be published not later than 60 days prior to leaving
11 practice in the same manner as notices of disciplinary action
12 are published in accordance with section 810(a)(10) of the act
13 of April 9, 1929 (P.L.177, No.175), known as The Administrative
14 Code of 1929.
15 Section 3. Estates.
16 (a) General rule.--The estate of a health care practitioner
17 shall give written notice to each patient not later than 60 days
18 prior to selling the patient's records or otherwise making them
19 available.
20 (b) Content of notice.--The notice required under subsection
21 (a) shall include a statement that the patient's records are
22 confidential and will not be sold or otherwise made available to
23 another health care practitioner if the patient objects. The
24 notice shall also include such additional information as the
25 estate deems appropriate or as the deceased health care
26 practitioner's licensing board directs.
27 (c) Publication.--In addition to the notice required under
28 subsection (a), the estate shall cause a similar notice to be
29 published not later than 60 days prior to selling the patient's
30 records or otherwise making them available to another health
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1 care practitioner in the same manner as notices of disciplinary
2 action are published in accordance with section 810(a)(10) of
3 the act of April 9, 1929 (P.L.177, No.175), known as The
4 Administrative Code of 1929.
5 Section 4. Restrictions on transfer.
6 (a) Objection to practitioner.--A written notice from a
7 patient to a health care practitioner objecting to having the
8 patient's records sold or otherwise made available to another
9 health care practitioner shall be sufficient to impose a duty on
10 the patient's health care practitioner not to sell or otherwise
11 make the records available to another health care practitioner
12 if the written notice is received by the health care
13 practitioner prior to the date on which the health care
14 practitioner leaves practice or, if later, prior to the date on
15 which the health care practitioner sells the records or
16 otherwise makes them available to another health care
17 practitioner.
18 (b) Objection to estate.--A written notice from a patient to
19 the estate of a health care practitioner objecting to having the
20 patient's records sold or otherwise made available to another
21 health care practitioner shall be sufficient to impose a duty on
22 the estate not to sell or otherwise make the records available
23 to another health care practitioner if the written notice is
24 received by the estate within 60 days after notice is given
25 under section 3(a), within 60 days after publication under
26 section 3(c) or prior to the date on which the estate sells the
27 records or otherwise makes them available to another health care
28 practitioner, whichever is later.
29 (c) Consent required for practitioner.--Unless the patient
30 consents in writing, a health care practitioner, in conjunction
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1 with leaving practice or otherwise, shall not sell a patient's
2 records to a health care practitioner of another discipline or
3 sell a patient's records other than in the course of a
4 professional business transaction.
5 (d) Consent required for estate.--Unless the patient
6 consents in writing, the estate of a health care practitioner
7 shall not sell a patient's records to a health care practitioner
8 of another discipline or sell a patient's records other than in
9 the course of a professional business transaction.
10 Section 5. Penalty.
11 (a) Practitioner.--Any health care practitioner who
12 knowingly sells or makes a patient's records available in
13 violation of this act shall be subject to disciplinary action by
14 the appropriate licensing board and shall be liable for any loss
15 or damage suffered by the patient because of the violation.
16 (b) Estate.--The estate of a health care practitioner which
17 knowingly sells or makes a patient's records available in
18 violation of this act shall be liable for any loss or damage
19 suffered by the patient because of the violation.
20 Section 6. Effective date.
21 This act shall take effect in 60 days.
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