Regular Session 2017-2018 Senate Bill 0601 P.N. 0678

PRINTER'S NO. 678

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

601

Session of

2017

INTRODUCED BY RAFFERTY AND VULAKOVICH, APRIL 13, 2017

REFERRED TO JUDICIARY, APRIL 13, 2017

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in general provisions,

further providing for definitions; in general structure and

powers, further providing for unified judicial system; in

organization of appellate courts, providing for appellate

division of the Medical Professional Liability Court of

Pennsylvania; in jurisdiction of appellate courts, further

providing for transfers between intermediate appellate

courts, for lien of judgments for money, for direct appeals

of courts of common pleas, for allowance of appeals from

Superior and Commonwealth Courts, for appeals from courts of

common pleas, for original jurisdiction and for appeals from

courts of common pleas and providing for jurisdiction of

appellate division of Medical Professional Liability Court;

providing for organization and jurisdiction of the Medical

Professional Liability Court of Pennsylvania; in judicial

boards and commissions, providing for Medical Professional

Liability Court Qualifications Commission; in selection and

retention of judicial officers, further providing for

selection of judicial officers for regular terms, for

vacancies in office and for retention elections after regular

term and providing for selection and retention of judges of

the Medical Professional Liability Court; in budget and

finance, providing for salaries judges of Medical

Professional Liability Court and for Medical Professional

Liability Court Fund; in preliminary provisions relating to

actions, proceedings and other matters generally, further

providing for right to appellate review; in limitation of

time, further providing for appeals generally; and making a

conforming change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "appellate court" in section

102 of Title 42 of the Pennsylvania Consolidated Statutes is

amended and the section is amended by adding definitions to

read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Appellate court." Includes the Supreme Court, the Superior

Court [and], the Commonwealth Court[.] and the appellate

division of the Medical Professional Liability Court.

"Appellate division." The appellate division of the Medical

Professional Liability Court established under section 581

(relating to appellate division of the Medical Professional

Liability Court).

* * *

"Medical Professional Liability Court." The court

established under section 811 (relating to Medical Professional

Liability Court).

"Medical Professional Liability Court rule." A rule or order

promulgated by the Medical Professional Liability Court.

* * *

"Statewide judges." Judges of the Supreme Court, Superior

Court, Commonwealth Court and Medical Professional Liability

Court.

* * *

Section 2. Section 301 of Title 42 is amended to read:

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§ 301. Unified judicial system.

The judicial power of the Commonwealth shall be vested in a

unified judicial system consisting of the:

(1) Supreme Court.

(2) Superior Court.

(3) Commonwealth Court.

(3.1) Medical Professional Liability Court.

(4) Courts of common pleas.

(5) Community courts.

(6) Philadelphia Municipal Court.

(7) Pittsburgh Magistrates Court.

(8) Traffic Court of Philadelphia.

(9) Magisterial district judges.

All courts and magisterial district judges and their

jurisdiction shall be in this unified judicial system.

Section 3. Chapter 5 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER D

APPELLATE DIVISION OF THE

MEDICAL PROFESSIONAL LIABILITY COURT OF PENNSYLVANIA

Sec.

581. Appellate division of the Medical Professional Liability

Court.

582. Powers of appellate division.

583. Seat of appellate division.

§ 581. Appellate division of the Medical Professional Liability

Court.

(a) General rule.--There shall be an appellate division of

the Medical Professional Liability Court which shall consist of

the president judge and the other judges in regular active

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service.

(b) Panels and en banc.--When reviewing orders of the

Medical Professional Liability Court, the appellate division

shall sit in panels, and no member of the appellate division

shall participate as a member of a panel in the judicial review

of an order or other action in which the person participated as

a matter of original jurisdiction. A decision of a panel may be

reviewed by the division en banc.

§ 582. Powers of appellate division.

The appellate division of the Medical Professional Liability

Court shall have all powers necessary or appropriate in aid of

its jurisdiction which are agreeable to the usages and

principles of law.

§ 583. Seat of appellate division.

The regular sessions of the appellate division of the Medical

Professional Liability Court shall be held in the cities of

Harrisburg, Norristown and Pittsburgh and elsewhere as

prescribed by Medical Professional Liability Court rule.

Section 4. Sections 705, 707, 722, 724, 742, 761(a) and

762(b) of Title 42 are amended to read:

§ 705. Transfers [between] among intermediate appellate courts.

The Superior Court [and], the Commonwealth Court and the

appellate division of the Medical Professional Liability Court

shall have power pursuant to general rules, on their own motion

or upon [petition] application of any party, to transfer any

appeal to [the other court] another appellate court or division,

subject to the restrictions, for consideration and decision with

any matter pending in such other court or division involving the

same or related questions of fact, law or discretion.

§ 707. Lien of judgments for money.

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Any judgment or other order of the Supreme Court, the

Superior Court [or], the Commonwealth Court or the appellate

division of the Medical Professional Liability Court for the

payment of money shall not be a lien upon real property in any

county until it is entered of record in the office of the clerk

of the court of common pleas of the county where the property is

situated, or in the office of the clerk of the branch of the

court of common pleas embracing such county, in the same manner

as a judgment transferred from the court of common pleas of

another county.

§ 722. Direct appeals from courts of common pleas.

(a) General rule.--The Supreme Court shall have exclusive

jurisdiction of appeals from final orders of the courts of

common pleas in the following classes of cases:

(1) Matters prescribed by general rule.

(2) The right to public office.

(3) Matters where the qualifications, tenure or right to

serve, or the manner of service, of any member of the

judiciary is drawn in question.

(4) Automatic review of sentences as provided by [42

Pa.C.S. §§] sections 9546(d) (relating to relief and order)

and 9711(h) (relating to [review of death sentence]

sentencing procedure for murder of the first degree).

(5) Supersession of a district attorney by an Attorney

General or by a court or where the matter relates to the

convening, supervision, administration, operation or

discharge of an investigating grand jury or otherwise

directly affects such a grand jury or any investigation

conducted by it.

(6) Matters where the right or power of the Commonwealth

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or any political subdivision to create or issue indebtedness

is drawn in direct question.

(7) Matters where the court of common pleas has held

invalid as repugnant to the Constitution, treaties or laws of

the United States, or to the Constitution of this

Commonwealth, any treaty or law of the United States or any

provision of the Constitution of, or of any statute of, this

Commonwealth, or any provision of any home rule charter.

(8) Matters where the right to practice law is drawn in

direct question.

(b) Exception.--The Supreme Court shall not have

jurisdiction under subsection (a)(7) of the classes of appeals

from the courts of common pleas as are by section 762 (relating

to appeals from courts of common pleas) within the exclusive

jurisdiction of the appellate division of the Medical

Professional Liability Court.

§ 724. Allowance of appeals from [Superior and Commonwealth

Courts] intermediate appellate courts.

(a) General rule.--Except as provided by section 9781(f)

(relating to limitation on additional appellate review), final

orders of the Superior Court and final orders of the

Commonwealth Court not appealable under section 723 (relating to

appeals from Commonwealth Court) may be reviewed by the Supreme

Court upon allowance of appeal by any two justices of the

Supreme Court upon petition of any party to the matter.

(a.1) Medical Professional Liability Court appeals.--Final

orders of the appellate division of the Medical Professional

Liability Court may be reviewed by the Supreme Court upon

allowance of appeal by any two justices of the Supreme Court

upon petition of a party to the matter if the petition is

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granted within 90 days after it is filed.

(a.2) Scope of review.--If the petition shall be granted,

the Supreme Court shall have jurisdiction to review the order in

the manner provided by section 5105(d)(1) (relating to [scope of

appeal] right to appellate review).

(b) Improvident appeals.--If an appeal is improvidently

taken to the Supreme Court under section 723 in a case where the

proper mode of review is by petition for allowance of appeal

under this section, this alone shall not be a ground for

dismissal, but the papers whereon the appeal was taken shall be

regarded and acted on as a petition for allowance of appeal and

as if duly filed at the time the appeal was taken.

§ 742. Appeals from courts of common pleas.

The Superior Court shall have exclusive appellate

jurisdiction of all appeals from final orders of the courts of

common pleas, regardless of the nature of the controversy or the

amount involved, except such classes of appeals as are by any

provision of this chapter within the exclusive jurisdiction of

the Supreme Court [or], the Commonwealth Court or the appellate

division of the Medical Professional Liability Court.

§ 761. Original jurisdiction.

(a) General rule.--The Commonwealth Court shall have

original jurisdiction of all civil actions or proceedings:

(1) Against the Commonwealth government, including any

officer thereof, acting in his official capacity, except:

(i) actions or proceedings in the nature of

applications for a writ of habeas corpus or post-

conviction relief not ancillary to proceedings within the

appellate jurisdiction of the court;

(ii) eminent domain proceedings;

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(iii) actions or proceedings conducted pursuant to

Chapter 85 (relating to matters affecting government

units);

(iv) actions or proceedings conducted pursuant to

[the act of May 20, 1937 (P.L.728, No.193), referred to

as the Board of Claims Act; and] 62 Pa.C.S. Ch. 17,

Subch. C (relating to Board of Claims);

(v) actions or proceedings in the nature of trespass

as to which the Commonwealth government formerly enjoyed

sovereign or other immunity and actions or proceedings in

the nature of assumpsit relating to such actions or

proceedings in the nature of trespass[.]; and

(vi) matters as are by Subchapter C of Chapter 8

(relating to jurisdiction of the Medical Professional

Liability Court) within the jurisdiction of the Medical

Professional Liability Court.

(2) By the Commonwealth government, including any

officer thereof, acting in his official capacity, except:

(i) eminent domain proceedings[.]; and

(ii) matters as are by section 832 (relating to

original jurisdiction) within the jurisdiction of the

Medical Professional Liability Court.

(3) [Arising under Article V of the act of May 17, 1921

(P.L.789, No.285), known as "The Insurance Department Act of

1921."] (Reserved).

(4) Original jurisdiction of which is vested in the

Commonwealth Court by any unrepealed statute hereafter

enacted.

* * *

§ 762. Appeals from courts of common pleas.

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* * *

(b) Exception.--The Commonwealth Court shall not have

jurisdiction of such classes of appeals from courts of common

pleas as are by [section]:

(1) Section 722 (relating to direct appeals from courts

of common pleas) within the exclusive jurisdiction of the

Supreme Court.

(2) Section 782 (relating to appeals from Medical

Professional Liability Court original hearing matters) within

the exclusive jurisdiction of the appellate division of the

Medical Professional Liability Court.

Section 5. Chapter 7 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER E

JURISDICTION OF APPELLATE DIVISION OF

MEDICAL PROFESSIONAL LIABILITY COURT

Sec.

781. Original jurisdiction.

782. Appeals from Medical Professional Liability Court original

hearing matters.

783. Answer of certified questions of law.

784. Certification of questions of law.

§ 781. Original jurisdiction.

The appellate division of the Medical Professional Liability

Court shall have no original jurisdiction, except:

(1) in cases of mandamus and prohibition to:

(i) the judges of the Medical Professional Liability

Court when exercising the original jurisdiction of the

Medical Professional Liability Court; or

(ii) courts of inferior jurisdiction where relief is

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ancillary to matters within the appellate jurisdiction of

the division; and

(2) that the division, or any member thereof, shall have

full power and authority when and as often as there may be

occasion to issue writs of habeas corpus under like

conditions returnable to the court.

§ 782. Appeals from Medical Professional Liability Court

original hearing matters.

The appellate division of the Medical Professional Liability

Court shall have exclusive appellate jurisdiction of all appeals

from final orders of the Medical Professional Liability Court

entered by a single member thereof, regardless of the nature of

the controversy or the amount involved.

§ 783. Answer of certified questions of law.

(a) General rule.--The appellate division of the Medical

Professional Liability Court may answer questions of law

certified to it by a United States appellate court or the

highest appellate court or the intermediate appellate court of

any other state or jurisdiction, when requested by the

certifying court, if there are involved in any matter pending

before the certifying court questions of law of the Commonwealth

within the jurisdiction of the appellate division which may be

determinative of the matter in the certifying court and as to

which it appears to the certifying court there is no controlling

precedent in the decisions of the appellate division.

(b) Contents of certification order.--A certification order

shall provide the following:

(1) The questions of law to be answered.

(2) A statement of all facts relevant to the questions

certified and showing fully the nature of the controversy in

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which the question arose.

order shall be prepared by the certifying court, signed by the

judge presiding over the matter and forwarded to the appellate

division of the Medical Professional Liability Court by the

clerk of the certifying court under its official seal. The

appellate division may require the original or copies of all or

of any portion of the record before the certifying court to be

filed with the certification order if, in the opinion of the

appellate division, the record or portion thereof may be

necessary in answering the questions.

(d) Costs of certification.--Fees and costs shall be the

same as in appeals docketed before the appellate division and

shall be equally divided between the parties unless otherwise

ordered by the certifying court in its order of certification.

(e) Briefs and argument.--Proceedings in the appellate

division under this section shall be governed by Medical

Professional Liability Court rules, which may provide

specifically for the answering and certification of questions of

law under this section.

(f) Opinion.--The written opinion of the appellate division

stating the law governing the questions certified shall be sent

by the clerk under the seal of the appellate division of the

Medical Professional Liability Court to the certifying court and

to the parties. An order adopting a written opinion shall be

subject to appeal under section 724(b) (relating to allowance of

appeals from intermediate appellate courts).

§ 784. Certification of questions of law.

(a) General rule.--The appellate division of the Medical

Professional Liability Court, on its own motion or on the

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application of any party, may order certification of questions

of law to a United States appellate court or to the highest

appellate court or the intermediate appellate court of any other

state or jurisdiction, when it appears to the appellate division

that:

(1) there are involved in a matter pending before the

appellate division questions of law of the receiving

jurisdiction which may be determinative of the matter in the

appellate division; and

(2) there is not controlling precedent in the decisions

of the appellate courts of the receiving jurisdiction.

(b) Law of case.--The certification order may contain an

undertaking on behalf of the Pennsylvania unified judicial

system that the answer to the certified question shall be deemed

the law of the case for the purposes of all further proceedings

in the courts of this Commonwealth.

Commonwealth to the receiving jurisdiction shall be as provided

by the laws of the receiving jurisdiction.

Section 6. The heading of Article C of Subpart A of Part II

of Title 42 is amended to read:

ARTICLE C

MEDICAL PROFESSIONAL LIABILITY COURT

AND COURTS OF COMMON PLEAS

Section 7. Article C of Subpart A of Part II of Title 42 is

amended by adding a chapter to read:

CHAPTER 8

ORGANIZATION AND JURISDICTION OF THE

MEDICAL PROFESSIONAL LIABILITY COURT

OF PENNSYLVANIA

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Subchapter

A. (Reserved)

B. Organization of the Medical Professional Liability Court

C. Jurisdiction of the Medical Professional Liability Court

D. Transitional Provisions

SUBCHAPTER A

(RESERVED)

SUBCHAPTER B

ORGANIZATION OF THE MEDICAL PROFESSIONAL

LIABILITY COURT

Sec.

811. Medical Professional Liability Court.

812. Powers of Medical Professional Liability Court.

813. Seat of court.

814. Lien of judgments for money.

§ 811. Medical Professional Liability Court.

There is established a Medical Professional Liability Court

of Pennsylvania which shall consist of 18 judges.

§ 812. Powers of Medical Professional Liability Court.

The Medical Professional Liability Court shall have power to

issue, under its judicial seal, every lawful writ and process

necessary or suitable for the exercise of its jurisdiction and

for the enforcement of any order which it may make, including

writs and process to or to be served or enforced by system and

related personnel as the courts of common pleas are authorized

by law or usage to issue. The court shall also have all powers

of a court of record possessed by the courts of common pleas.

§ 813. Seat of court.

(a) Central filing.--The Medical Professional Liability

Court shall maintain offices for the receipt of filings at one

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or more locations within this Commonwealth as may be prescribed

by Medical Professional Liability Court rule.

(b) Regular sessions.--The regular sessions of the Medical

Professional Liability Court shall be held in the eastern

district of Pennsylvania with locations in Norristown and

Scranton, middle district of Pennsylvania with locations in

Harrisburg and Williamsport and western district of Pennsylvania

with locations in Pittsburgh and Erie.

appropriations, special sessions of the Medical Professional

Liability Court may be held at other places from time to time

within this Commonwealth as may be necessary for the convenience

of parties or witnesses.

(d) Reimbursement.--When regular or other sessions of the

Medical Professional Liability Court are held in facilities

provided by counties under this section, reimbursement for

actual and reasonable expenses shall be made to the counties

from the Medical Professional Liability Court Fund.

§ 814. Lien of judgments for money.

A judgment or other order of the Medical Professional

Liability Court for the payment of money shall not be a lien

upon real property in any county until it is entered of record

in the office of the clerk of the court of common pleas of the

county in which the property is situated, or in the office of

the clerk of the branch of the court of common pleas embracing

the county, in the same manner as a judgment transferred from

the court of common pleas of another county.

SUBCHAPTER C

JURISDICTION OF THE MEDICAL PROFESSIONAL

LIABILITY COURT

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Sec.

831. Definitions.

832. Original jurisdiction.

833. Exclusive jurisdiction.

§ 831. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Health care provider." An individual or health care

facility that is licensed, certified or otherwise authorized to

provide health care under the laws of this Commonwealth. The

term also includes both of the following:

(1) An officer, employee or agent of a health care

provider acting within the scope of the person's duties and

authority.

(2) A legal entity through which one or more health care

providers deliver health care, including, but not limited to,

a professional corporation, a partnership or limited

liability company.

"Medical professional liability claim." A claim brought by

or on behalf of an individual seeking damages for loss sustained

by the individual as a result of an injury or wrong to the

individual or another individual arising from a health care

provider's provision of or failure to provide health care

regardless of the theory of liability. A medical professional

liability claim includes, but is not limited to, a claim

grounded in negligence, informed consent, breach of contract,

misrepresentation or fraud.

§ 832. Original jurisdiction.

The Medical Professional Liability Court shall have original

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jurisdiction of all civil actions or proceedings against a

health care provider for all medical professional liability

claims.

§ 833. Exclusive jurisdiction.

Except as provided in section 721 (relating to original

jurisdiction), the jurisdiction of the Medical Professional

Liability Court under section 832 (relating to original

jurisdiction) shall be exclusive.

SUBCHAPTER D

TRANSITIONAL PROVISIONS

Sec.

841. Organization of court.

842. Existing cases unaffected.

843. Rules.

844. Procurement of juries.

845. Filing fees.

846. Expiration review.

§ 841. Organization of court.

(a) General rule.--The Medical Professional Liability Court

shall meet and organize in the City of Harrisburg. The court

shall procure the necessary supplies, equipment and personnel to

commence operation and promulgate any necessary rules of court

or operating procedures. When the court is organized and ready

for the transaction of business, the president judge of the

court shall so certify to the Governor, who shall issue a

proclamation stating that the court is organized and ready for

the transaction of its judicial business.

(b) Initial term of office.--The Governor shall appoint

persons to serve as judges of the court for purposes of

organizing its affairs. In order to permit the efficient

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organization of the court, the date of appointment by the

Governor shall be deemed to be the date on which the vacancies

in the offices of the initial judges of the court filled by the

Governor under this subsection occurred, so that the first

election of judges of the court shall not be held until the

first municipal election following the initial appointment by

the Governor.

§ 842. Existing cases unaffected.

A change in jurisdiction effected by amendments to this title

or to any other act shall not affect the jurisdiction of any

court over a pending matter, but, in the interest of justice, an

existing matter may be transferred to the Medical Professional

Liability Court.

§ 843. Rules.

(a) Medical Professional Liability Court.--Prior to the

commencement of operations, specific rules shall be adopted that

will be applicable to original matters heard in the Medical

Professional Liability Court.

(b) Appellate division.--Until otherwise provided by Medical

Professional Liability Court rule, the Pennsylvania Rules of

Appellate Procedure shall be applicable to matters in the

appellate division of the Medical Professional Liability Court,

and rules of court promulgated by the Medical Professional

Liability Court applicable in the appellate division shall be

classified under Rule 104 of the Pennsylvania Rules of Appellate

Procedure.

§ 844. Procurement of juries.

Until otherwise provided by Medical Professional Liability

Court rule, the procedures for the selection, compensation and

maintenance of juries for service in the Commonwealth Court

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shall be applicable to the selection, compensation and

maintenance of juries in the Medical Professional Liability

Court.

§ 845. Filing fees.

Until otherwise provided by Medical Professional Liability

Court rule, the fee bill applicable in the Commonwealth Court

shall be applicable in the Medical Professional Liability Court.

§ 846. Expiration review.

(a) Reports to General Assembly.--The following reports

shall be submitted within 120 days after the expiration of 10

years after entry by the Medical Professional Liability Court of

its first final order in any action, proceeding or appeal:

(1) The Medical Professional Liability Court shall

submit to the General Assembly any recommendations for

legislation relating to size, structure or operations of the

court.

(2) The Attorney General shall submit a report to the

General Assembly reviewing and commenting on the operations

of the Medical Professional Liability Court and making

recommendations for legislation relating to size, structure

or operations of the court.

(b) Request for comments.--Appropriate committees of the

General Assembly shall request comments from the organized bar

and the general public concerning the size, structure and

operations of the Medical Professional Liability Court.

Section 8. Chapter 21 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER H

MEDICAL PROFESSIONAL LIABILITY COURT

QUALIFICATIONS COMMISSION

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Sec.

2171. Medical Professional Liability Court Qualifications

Commission.

2172. Composition of Medical Professional Liability Court

Qualifications Commission.

2173. Organization.

2174. Powers and duties.

§ 2171. Medical Professional Liability Court Qualifications

Commission.

(a) General rule.--The Medical Professional Liability Court

Qualifications Commission shall consist of 12 residents of this

Commonwealth selected as provided in this subchapter.

(b) Seal.--The Medical Professional Liability Court

Qualifications Commission shall have a seal engraved with its

name and other inscriptions as may be specified by Medical

Professional Liability Court rule. A facsimile or preprinted

seal may be used for all purposes in lieu of the original seal.

Qualifications Commission shall not be deemed to be an agency

for purposes of 65 Pa.C.S. Ch. 7 (relating to open meetings).

§ 2172. Composition of Medical Professional Liability Court

Qualifications Commission.

(a) General rule.--The Medical Professional Liability Court

Qualifications Commission shall consist of:

(1) Three commissioners appointed by the President pro

tempore of the Senate.

(2) Three commissioners appointed by the Minority Leader

of the Senate.

(3) Three commissioners appointed by the Speaker of the

House of Representatives.

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(4) Three commissioners appointed by the Minority Leader

of the House of Representatives.

(b) Qualifications.--Two of the commissioners appointed

under each paragraph of subsection (a) shall be members of the

bar of the courts of this Commonwealth. The third commissioner

appointed in each case shall be a nonlawyer elector.

each commissioner shall be appointed for a four-year term. A

commissioner shall not be appointed for more than two successive

full terms. An appointment to fill an unexpired term which has

fewer than two years remaining shall not be deemed a full term.

A vacancy on the commission shall be filled for the balance of

the term by appointment made by the person who at the time is

the ranking member in the same chamber of the General Assembly

and of the same political party as the person who appointed the

vacating member of the commission.

(d) Restriction on public or political activities.--During a

commissioner's term of service, a commissioner shall not hold:

(1) A compensated public office or public appointment.

(2) Office in any political party or political

organization.

(e) Transitional provisions.--

(1) The initial Medical Professional Liability Court

Qualifications Commission provided for in this section shall

come into existence upon the effective date of this chapter.

(2) The initial members of the Medical Professional

Liability Court Qualifications Commission shall serve as

follows:

(i) the commissioners appointed by the President pro

tempore of the Senate, one each for two, three and four

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years;

(ii) the commissioners appointed by the Minority

Leader of the Senate, one each for two, three and four

years;

(iii) the commissioners appointed by the Speaker of

the House of Representatives, one each for one, two and

three years; and

(iv) the commissioners appointed by the Minority

Leader of the House of Representatives, one each for one,

two and three years.

§ 2173. Organization.

The Medical Professional Liability Court Qualifications

Commission shall elect a presiding officer from among its

members and shall establish rules of procedure. The Medical

Professional Liability Court shall furnish staff support as may

be necessary for the conduct of the business of the commission.

The cost and expense of the commission shall be paid out of the

Medical Professional Liability Court Fund established under

section 3591 (relating to Medical Professional Liability Court

Fund).

§ 2174. Powers and duties.

(a) General rule.--The Medical Professional Liability Court

Qualifications Commission shall evaluate the qualifications of

all of the following:

(1) Applicants seeking election as a judge of the

Medical Professional Liability Court who request evaluation

of their qualifications under section 3161(c) (relating to

election of judges of Medical Professional Liability Court).

(2) Applicants seeking appointment by the Governor to a

vacancy on the Medical Professional Liability Court under

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section 3162 (relating to vacancies in office of judge of

Medical Professional Liability Court).

(3) Judges of the Medical Professional Liability Court

who seek retention in office under section 3163 (relating to

retention of judges of the Medical Professional Liability

Court).

(b) Rules and regulations.--The commission may adopt rules

and regulations as it deems necessary to discharge its duties.

to have violated any criminal law or to be civilly liable under

a law by reason of the performance by the member of a duty,

function or activity authorized or required of the commission if

the member has exercised due care in such performance. This

subsection shall not apply with respect to an action taken by an

individual if the individual, in taking the action, was

motivated by malice toward any person affected by the action.

Section 9. Sections 3131, 3132 and 3153 of Title 42 are

amended by adding subsections to read:

§ 3131. Selection of judicial officers for regular terms.

* * *

(f) Medical Professional Liability Court.--The judges of the

Medical Professional Liability Court shall be elected in the

manner provided in section 3161 (relating to election of judges

of the Medical Professional Liability Court).

§ 3132. Vacancies in office.

* * *

(e) Medical Professional Liability Court.--Subsections (a),

(b), (c) and (d) shall not apply to a vacancy in the office of a

judge of Medical Professional Liability Court. The provisions of

section 3162 (relating to vacancies in office of judge of

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Medical Professional Liability Court) shall apply.

§ 3153. Retention elections after regular term.

* * *

(d) Medical Professional Liability Court.--Except as

provided in section 3163 (relating to retention of judges of the

Medical Professional Liability Court), subsections (a), (b) and

Liability Court.

Section 10. Chapter 31 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER E

SELECTION AND RETENTION OF JUDGES

OF MEDICAL PROFESSIONAL LIABILITY COURT

Sec.

3161. Election of judges of Medical Professional Liability

Court.

3162. Vacancies in office of judge of Medical Professional

Liability Court.

3163. Retention of judges of Medical Professional Liability

Court.

§ 3161. Election of judges of Medical Professional Liability

Court.

(a) General rule.--Judges of the Medical Professional

Liability Court shall be elected for a regular term of office at

the municipal election next preceding the commencement of their

respective regular terms of office by the electors of this

Commonwealth.

(b) Special procedures.--The judges of the Medical

Professional Liability Court shall be elected as provided in the

act of June 3, 1937 (P.L.1333, No.320), known as the

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Pennsylvania Election Code, except that:

(1) The following dates prescribed by the Pennsylvania

Election Code shall not apply:

(i) The date by which the Secretary of the

Commonwealth is to notify the county boards of election

of the offices for which candidates are to be nominated

at the ensuing primary.

(ii) The date by which the county boards of election

are to publish notice of public offices for which

nominations are to be made.

(2) The date before and after which nomination petitions

and nomination papers may be circulated shall be 60 days

prior to the dates that would otherwise apply in the absence

of this section.

(3) Candidates for nomination who desire to have their

qualifications evaluated by the Medical Professional

Liability Court Qualifications Commission shall proceed as

provided in subsection (c). Candidates who do not desire to

have their qualifications evaluated by the commission shall

not be subject to subsection (c) and shall proceed instead in

the manner provided in the Pennsylvania Election Code.

(4) Candidates for nomination shall present a nominating

petition containing valid signatures of at least 1,000

registered and enrolled members of the proper party,

including at least 100 members from each of at least five

counties.

(5) Each person filing a nomination petition or

nomination papers for a candidate shall pay a filing fee, at

the time of filing either with the commission or the

Department of State, as the case may be, of $200. A

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nomination petition or nomination papers shall not be

accepted or filed unless and until the filing fee is paid in

cash or by certified or cashier's check or money order made

payable to the Commonwealth of Pennsylvania. All money paid

on account of filing fees for candidates for nomination for

the office of judge of the Medical Professional Liability

Court shall be transmitted to the State Treasurer and shall

become part of the Medical Professional Liability Court Fund.

(6) (Reserved).

(7) On all official ballots except absentee ballots, the

names of all candidates from the same political party for

nomination or election shall be rotated from one precinct to

another. On absentee ballots the names of those candidates

shall be so alternated that each name shall appear, insofar

as reasonably possible, substantially an equal number of

times at the beginning, at the end and at each intermediate

place, if any, of the group of candidates from the same

political party.

have their qualifications evaluated by the commission shall

proceed in the following fashion:

(1) Nomination petitions and nomination papers shall be

filed with the commission instead of the Department of State

and must be filed with the commission no later than 60 days

prior to the date for filing nomination petitions and

nomination papers generally.

(2) The affidavit of candidates submitted to the

commission shall be in the form prescribed by the

Pennsylvania Election Code, with additional information as

may be required by the rules and regulations of the

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commission.

(3) The commission shall evaluate the qualifications of

each candidate in accordance with the criteria and measures

of qualification as the commission promulgates in regulations

and shall assign each candidate a rating of one of the

following:

(i) Extremely well qualified.

(ii) Well qualified.

(iii) Qualified.

(iv) Unqualified.

(4) The commission shall publish in the Pennsylvania

Bulletin a report containing the rating assigned to each

candidate by the commission. The report of the commission

shall be published not later than the date the nomination

petition or nomination papers of the candidate would have

been due to be filed absent the provisions of this

subsection. The report shall include the nomination petition

or nomination papers and the affidavit of the candidate.

(5) A determination by the commission to report a

candidate as unqualified may be challenged in the same manner

as a contested nomination of the second class under Article

XVII(d) of the Pennsylvania Election Code, except that the

petition commencing the proceeding shall be filed by the

candidate within 20 days after the last day for filing

reports of the commission with the Department of State. A

determination by the commission to report a candidate as

extremely well qualified, well qualified or qualified shall

not be subject to challenge.

§ 3162. Vacancies in office of judge of Medical Professional

Liability Court.

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(a) General rule.--A vacancy in the office of judge of the

Medical Professional Liability Court shall be filled by

appointment by the Governor in the manner provided in this

section.

(b) Advertisement of vacancy.--Whenever a vacancy occurs in

the office of judge of the Medical Professional Liability Court,

the Medical Professional Liability Court Qualifications

Commission shall publicly advertise the vacancy and solicit

applications. When it is known that a vacancy will occur in the

future on a date certain, the process provided in this section

may begin 90 days prior to that date.

the commission shall prepare and submit to the Governor a list

of not more than seven persons who are qualified to hold the

office of judge of the Medical Professional Liability Court.

When more than one vacancy exists, the maximum number of persons

who may be included on the list submitted to the Governor shall

be increased by two persons for each additional vacancy. The

list shall be submitted to the Governor no later than 60 days

after the vacancy occurs. Immediately following submission of

the list to the Governor, the list shall be filed with the

Senate and made public by the commission. The commission shall

maintain the confidentiality of the information on the list, but

disclose the names of applicants whose names do not appear on

the list and applicants who have not requested that their names

remain confidential.

(d) Vote required for commission endorsement.--The list

submitted to the Governor shall contain the names of those

persons who receive affirmative votes from eight or more

commissioners, except that the number of persons shall not

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exceed the limitations imposed by subsection (c).

(e) Nomination to Senate.--The Governor shall nominate from

the list one person for each vacancy with respect to which a

list of recommended applicants has been submitted. If the

Governor does not nominate, within 30 days of receipt of the

list, as many of the persons recommended as there are vacancies

to be filled, the first person or persons named on the list in

the order determined by the commission who have not been

nominated by the Governor, up to the number of vacancies the

Governor has failed to make nominations for, shall be deemed

nominated.

(f) Action by Senate.--Senate action on a nomination to fill

a vacancy in the office of judge of the Medical Professional

Liability Court shall be in accordance with section 8 of Article

IV of the Constitution of Pennsylvania.

(g) Substitute nominations.--The Governor may make a

substitute nomination from the list within 30 days after

receiving notification from the Senate of the rejection of a

prior nominee. Otherwise, the ranking person on the list who has

not been rejected by the Senate shall be deemed nominated as a

substitute.

(h) Rejection of all candidates.--If all of the persons on a

list have been nominated and rejected by the Senate, the Senate

shall so notify the commission. The commission shall meet within

10 days of receipt of notification by the Senate and publicly

select by lot one person from the list. The person selected

shall be deemed appointed and confirmed to the vacant position

and shall be so commissioned by the Governor.

§ 3163. Retention of judges of Medical Professional Liability

Court.

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At the expiration of the term of office of a judge of the

Medical Professional Liability Court, the judge shall be subject

to retention in office and retirement as provided in this part,

except that, whenever a judge of the Medical Professional

Liability Court files a declaration of candidacy for retention

election, the Medical Professional Liability Court

Qualifications Commission shall review the judge's judicial

performance and shall, on or before the first Monday of April of

the year of the retention election, report to the Department of

State whether or not in the opinion of the commission the judge

is qualified to be retained in office.

Section 11. Title 42 is amended by adding a section to read:

§ 3582. Salaries of judges of Medical Professional Liability

Court.

(a) Salaries.--The annual salary of the President Judge of

the Medical Professional Liability Court shall be $104,500. The

annual salary of each of the other judges of the Medical

Professional Liability Court shall be $104,000.

(b) Annual cost-of-living adjustment.--Beginning January 1

of the year which is five years after the effective date of this

section and each January 1 thereafter, the annual salaries under

this section shall be increased by the percentage change in the

Consumer Price Index for All Urban Consumers (CPI-U) for the

Pennsylvania, New Jersey, Delaware and Maryland area for the

most recent 12-month period for which figures have been

officially reported by the United States Department of Labor,

Bureau of Labor Statistics, immediately prior to the date the

adjustment is due to take effect. The percentage increase and

salary amounts shall be determined prior to the annual effective

date of the adjustment by the Supreme Court and shall be

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published in the Pennsylvania Bulletin by the Court

Administrator of Pennsylvania within 20 days of the date the

determination is made.

Section 12. Chapter 35 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER G

MEDICAL PROFESSIONAL LIABILITY COURT FUND

Sec.

3591. Medical Professional Liability Court Fund.

3592. Receipts and other credits.

3593. Payments and other debits.

§ 3591. Medical Professional Liability Court Fund.

There is established in the State Treasury a special

operating fund to be known as the Medical Professional Liability

Court Fund. Debits and credits shall be made to the fund under

this subchapter. The operating and capital expenses of the

Medical Professional Liability Court shall be paid solely from

the Medical Professional Liability Court Fund.

§ 3592. Receipts and other credits.

(a) General rule.--There shall be paid or credited to the

Medical Professional Liability Court Fund:

(1) Amounts appropriated to the Medical Professional

Liability Court in the manner provided by law.

(2) The following surcharges are imposed:

(i) A surcharge upon the health care facility

licensure application and renewal fees of the Department

of Health under section 807(b) of the act of July 19,

1979 (P.L.130, No.48), known as the Health Care

Facilities Act, in the amount of 10% of each fee.

(ii) A surcharge upon the civil penalties collected

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by the Department of Health under section 817(b) of the

Health Care Facilities Act in the amount of 25% of each

fee.

(iii) A surcharge upon the licensing, examination,

registration, certificates and other fees of all health

care-related professionals of the Bureau of Professional

and Occupational Affairs of the Department of State in

the amount of 10% of each fee.

(3) Amounts received by the Commonwealth on account of

the operation of the Medical Professional Liability Court.

Fees and charges of the Medical Professional Liability Court

shall be fixed by the governing authority of the Medical

Professional Liability Court with a view initially to the

operation of the Medical Professional Liability Court on a

self-sustaining basis to the extent feasible and eventually

to the elimination of the surcharges provided in paragraph

(2)(ii) and (iii) and the reduction of the surcharge set

forth in paragraph (2)(i).

(b) Money paid into court.--Money paid into the court shall

not be credited to the Medical Professional Liability Court Fund

except to the extent that the amounts constitute an allowance

due to a public officer upon the amount levied under an

execution.

§ 3593. Payments and other debits.

There shall be disbursed from or debited to the Medical

Professional Liability Court Fund amounts payable by the

Commonwealth on account of the operation of the Medical

Professional Liability Court.

Section 13. Sections 5105(b) and 5571(a) of Title 42 are

amended to read:

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§ 5105. Right to appellate review.

* * *

(b) Successive appeals.--

(1) Except as otherwise provided in this subsection, the

rights conferred by subsection (a) are cumulative, so that a

litigant may as a matter of right cause a final order of any

tribunal in any matter which itself constitutes an appeal to

such tribunal, to be further reviewed by the court having

jurisdiction of appeals from such tribunal. Except as

provided in section 723 (relating to appeals from [the]

Commonwealth Court) there shall be no right of appeal from

the Superior Court or the Commonwealth Court to the Supreme

Court under this section or otherwise.

(2) There shall be a right of appeal in all cases from

the Medical Professional Liability Court to its appellate

division, which shall constitute a separate court for the

purposes of section 9 of Article V of the Constitution of

Pennsylvania, but, except as provided in section 724(b)

(relating to allowance of appeals from intermediate appellate

courts), there shall be no right of appeal from the Medical

Professional Liability Court or the appellate division of the

Medical Professional Liability Court to the Supreme Court

under this section or otherwise.

* * *

§ 5571. Appeals generally.

(a) General rule.--The time for filing an appeal, a petition

for allowance of appeal, a petition for permission to appeal or

a petition for review of a quasi-judicial order, in the Supreme

Court, the Superior Court [or], the Commonwealth Court or the

Medical Professional Liability Court shall be governed by

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general rules. No other provision of this subchapter shall be

applicable to matters subject to this subsection.

* * *

Section 14. This act shall take effect in 30 days.

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