PRINTER'S NO. 474
No. 454 Session of 1995
INTRODUCED BY DeLUCA, GIGLIOTTI, LAUGHLIN, PESCI AND TRELLO,
JANUARY 31, 1995
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 31, 1995
AN ACT
1 Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
2 act relating to health care; prescribing the powers and
3 duties of the Department of Health; establishing and
4 providing the powers and duties of the State Health
5 Coordinating Council, health systems agencies and Health Care
6 Policy Board in the Department of Health, and State Health
7 Facility Hearing Board in the Department of Justice;
8 providing for certification of need of health care providers
9 and prescribing penalties," reducing the time permitted for
10 hospitals to report official actions taken against a
11 physician; and broadening the reporting procedures of
12 hospitals and health care agencies.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 806.1 of the act of July 19, 1979
16 (P.L.130, No.48), known as the Health Care Facilities Act, added
17 July 10, 1985 (P.L.191, No.48), is amended to read:
18 Section 806.1. Reporting incidents of professional misconduct.
19 (a) Reports required.--Health care facilities and hospitals,
20 licensed under this act, shall make a report or cause a report
21 to be made to the State Board of [Medical Education and
22 Licensure] Medicine or the State Board of Osteopathic
1 [Examiners] Medicine, whichever is applicable, within [60] 30
2 days of the occurrence of any of the following:
3 (1) The termination or curtailment of the employment,
4 association or professional privileges of a physician,
5 licensed under the provisions of the [act of July 20, 1974
6 (P.L.551, No.190), known as the "Medical Practice Act of
7 1974," or the] act of October 5, 1978 (P.L.1109, No.261),
8 known as the "Osteopathic Medical Practice Act," or the act
9 of December 20, 1985 (P.L.457, No.112), known as the "Medical
10 Practice Act of 1985," whichever the case may be, with a
11 health care facility or hospital where there exists
12 reasonable cause to believe malpractice or misconduct has
13 occurred.
14 (2) The resignation or withdrawal of association or of
15 privileges with a facility or hospital to avoid the
16 imposition of disciplinary measures.
17 (3) The receipt of written information which establishes
18 that any physician who has a right to practice or who has
19 applied to practice at the health care facility or hospital
20 has been convicted of a felony[.] or drug and alcohol related
21 offense.
22 (4) Any officially documented reprimand which a hospital
23 or other health care facility administers to a physician,
24 under a due process peer review system. Such official
25 reprimands shall include, but not be limited to, any action
26 which results in a loss of a physician's professional or
27 occupational privileges at the hospital or other health care
28 facility and may include, but not be limited to, dismissals,
29 forced resignations, suspensions and probationary terms.
30 (5) The receipt of any written information that a
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1 physician has had privileges restricted or has been
2 dismissed, forced to resign or has been suspended from any
3 professional association or organization.
4 (b) Contents.--Reports made pursuant to this section shall
5 be made in writing to the State Board of [Medical Education and
6 Licensure] Medicine or the State Board of Osteopathic
7 [Examiners] Medicine, whichever is appropriate, with respect to
8 any physician as licensed under acts referred to in subsection
9 (a). Written reports shall include the following information:
10 name, address, profession and license number of the person
11 involved, a description of the action taken by the facility or
12 hospital, including the reason therefor and date thereof, or the
13 nature of the action or conduct which led to the resignation or
14 withdrawal and the date thereof, any conviction of a felony of
15 which the facility or hospital has received the written
16 information required by subsection (a)(3) and such other
17 information as the Department of State may require.
18 (c) Confidentiality.--
19 (1) Any report or information furnished to the boards in
20 question, in accordance with the provisions of this section,
21 shall be deemed a confidential communication and shall not be
22 subject to inspection or disclosure, in any manner, except
23 upon formal written request by a duly authorized public
24 agency or pursuant to a judicial subpoena issued in a pending
25 action or proceeding.
26 (2) Any person, facility or corporation which makes a
27 report pursuant to this section in good faith and without
28 malice shall have immunity from any liability, civil or
29 criminal, for having made such a report. For the purpose of
30 any proceeding, civil or criminal, the good faith of any
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1 person required to make a report shall be presumed.
2 (d) Penalties, recordkeeping; notice.--Any hospital or other
3 health care facility which fails to report the information
4 required by this section shall be fined an amount not to exceed
5 $10,000. The State Board of Medicine and the State Board of
6 Osteopathic Medicine shall compile all reports received from
7 hospitals or other health care facilities and keep such records
8 on file for future reference. The State Board of Medicine and
9 the State Board of Osteopathic Medicine shall make public all
10 final actions against a physician and the result of such
11 actions, including dismissals, forced resignations, suspensions
12 and all other official reprimands taken against the privileges
13 of the physician which are in effect for more than ten days.
14 Notice of enforcement undertaken pursuant to the provisions of
15 this act shall be forwarded to the Health Care Cost Containment
16 Council. All hospitals and health care facilities shall keep
17 records of all investigations and inquiries by peer review
18 committees concerning abuse by a physician or physicians. Such
19 records shall be kept regardless of the outcome of the
20 investigations or inquiries and made available upon request by
21 the State Board of Medicine and the State Board of Osteopathic
22 Medicine.
23 Section 2. This act shall take effect in 60 days.
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