Regular Session 2021-2022 House Bill 0245 P.N. 2929

SENATE AMENDED

PRIOR PRINTER'S NOS. 213, 2141

PRINTER'S NO. 2929

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

245

Session of

2021

INTRODUCED BY KAUFER, JOZWIAK, PICKETT, JAMES, LONGIETTI,

WHEELAND, CIRESI AND R. BROWN, JANUARY 25, 2021

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 4, 2022

AN ACT

Amending the act of December 20, 1985 (P.L.457, No.112),

entitled "An act relating to the right to practice medicine

and surgery and the right to practice medically related acts;

reestablishing the State Board of Medical Education and

Licensure as the State Board of Medicine and providing for

its composition, powers and duties; providing for the

issuance of licenses and certificates and the suspension and

revocation of licenses and certificates; provided penalties;

and making repeals," further providing for license without

restriction AND, FOR INSTITUTIONAL LICENSE AND FOR TEMPORARY

LICENSE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 29(c) of the act of December 20, 1985

(P.L.457, No.112), known as the Medical Practice Act of 1985, is

amended to read:

SECTION 1. SECTIONS 29(C) AND 32(A), 32(A) AND 33(A) AND (C)

OF THE ACT OF DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE

MEDICAL PRACTICE ACT OF 1985, ARE AMENDED TO READ:

Section 29. License without restriction.

* * *

<--

<--<--

without restriction may be issued to a graduate of an

unaccredited medical college unless the applicant has completed

successfully, as a resident, [three] two years of approved

graduate medical training, educational requirements prescribed

by the board and certification by the Educational Council for

Foreign Medical Graduates, or its successors.

* * *

SECTION 32. INSTITUTIONAL LICENSE.

(A) GENERAL RULE.--AN INSTITUTIONAL LICENSE EMPOWERS THE

LICENSEE TO TEACH OR PRACTICE MEDICINE AND SURGERY IN ONE OF THE

MEDICAL COLLEGES, AFFILIATES OR HOSPITALS WITHIN THIS

COMMONWEALTH. NO INSTITUTIONAL LICENSE MAY LIMIT THE NUMBER OF

AFFILIATED FACILITIES WHERE A LICENSEE MAY PRACTICE OR TEACH

UNDER THE INSTITUTIONAL LICENSE.

* * *

SECTION 33. TEMPORARY LICENSE.

(A) GENERAL RULE.--A TEMPORARY LICENSE EMPOWERS THE LICENSEE

TO:

[(1) TEACH MEDICINE AND SURGERY OR PARTICIPATE IN A

MEDICAL PROCEDURE NECESSARY FOR THE WELL-BEING OF A SPECIFIED

PATIENT WITHIN THIS COMMONWEALTH; OR

(2) PRACTICE MEDICINE AND SURGERY AT A CAMP OR RESORT

FOR NO MORE THAN THREE MONTHS.]

(3) TEACH OR DEMONSTRATE ADVANCED MEDICAL AND SURGICAL

TECHNIQUES WITHIN THIS COMMONWEALTH;

(4) PARTICIPATE IN A MEDICAL OR SURGICAL PROCEDURE

NECESSARY FOR THE WELL-BEING OF A SPECIFIC PATIENT WITHIN

THIS COMMONWEALTH;

(5) PRACTICE MEDICINE AND SURGERY AT A CAMP OR RESORT

FOR NO MORE THAN THREE MONTHS;

20210HB0245PN2929 - 2 -

<--

(6) ATTEND TO THE MEDICAL AND SURGICAL NEEDS OF A PERSON

VISITING THIS COMMONWEALTH FOR NO MORE THAN THREE MONTHS;

(7) PRACTICE MEDICINE AND SURGERY WITHIN THIS

COMMONWEALTH IN RESPONSE TO A NEED FOR MEDICAL CARE CREATED

BY A DECLARATION OF DISASTER EMERGENCY ISSUED BY THE

GOVERNOR UNDER 35 PA.C.S. § 7301(C) (RELATING TO GENERAL

AUTHORITY OF GOVERNOR) OR ANY OTHER FEDERAL, STATE OR LOCAL

DISASTER EMERGENCY FOR A DURATION DETERMINED BY THE BOARD; OR

(8) ENGAGE IN ANY OTHER PURPOSE AS DEEMED APPROPRIATE BY

THE BOARD ON A CASE-BY-CASE BASIS.

* * *

APPROPRIATE LIMITATION IN SCOPE, DURATION OR SITE OF PRACTICE ON

THE TEMPORARY LICENSE. TEMPORARY LICENSEES SHALL BE DEEMED

HEALTH CARE PROVIDERS WHO CONDUCT 50% OR LESS OF THEIR HEALTH

CARE BUSINESS OR PRACTICE WITHIN THIS COMMONWEALTH FOR THE

PURPOSES OF THE ACT OF [OCTOBER 15, 1975 (P.L.390, NO.111),

KNOWN AS THE HEALTH CARE SERVICES MALPRACTICE ACT] MARCH 20,

2002 (P.L.154, NO.13), KNOWN AS THE MEDICAL CARE AVAILABILITY

AND REDUCTION OF ERROR (MCARE) ACT.

Section 2. This act shall take effect in 60 days

IMMEDIATELY.

20210HB0245PN2929 - 3 -

<--