PRINTER'S NO. 581
No. 161 Session of 2003
INTRODUCED BY MICOZZIE, FICHTER, HENNESSEY, PIPPY, TANGRETTI, VANCE, WALKO, BISHOP, BROWNE, J. EVANS, FREEMAN, STEIL, J. TAYLOR, WASHINGTON AND YOUNGBLOOD, FEBRUARY 26, 2003
REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 26, 2003
AN ACT 1 Amending the act of March 20, 2002 (P.L.154, No.13), entitled 2 "An act reforming the law on medical professional liability; 3 providing for patient safety and reporting; establishing the 4 Patient Safety Authority and the Patient Safety Trust Fund; 5 abrogating regulations; providing for medical professional 6 liability informed consent, damages, expert qualifications, 7 limitations of actions and medical records; establishing the 8 Interbranch Commission on Venue; providing for medical 9 professional liability insurance; establishing the Medical 10 Care Availability and Reduction of Error Fund; providing for 11 medical professional liability claims; establishing the Joint 12 Underwriting Association; regulating medical professional 13 liability insurance; providing for medical licensure 14 regulation; providing for administration; imposing penalties; 15 and making repeals," further providing for continuing medical 16 education. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. Section 910 of the act of March 20, 2002 20 (P.L.154, No.13), known as the Medical Care Availability and 21 Reduction of Error (Mcare) Act, is amended to read: 22 Section 910. Continuing medical education. 23 (a) Rules and regulations.--Each licensure board shall 24 promulgate and enforce regulations consistent with the act of
1 October 5, 1978 (P.L.1109, No.261), known as the Osteopathic 2 Medical Practice Act, or the act of December 20, 1985 (P.L.457, 3 No.112), known as the Medical Practice Act of 1985, as 4 appropriate, in establishing requirements of continuing medical 5 education for individuals licensed to practice medicine and 6 surgery without restriction as a condition for renewal of their 7 licenses. Such regulations shall include any fees necessary for 8 the licensure board to carry out its responsibilities under this 9 section. 10 (b) Required completion.--Beginning with the licensure 11 period commencing January 1, 2003, and following written notice 12 to licensees by the licensure board, individuals licensed to 13 practice medicine and surgery without restriction shall be 14 required to enroll and complete [100] 112 hours of mandatory 15 continuing education during each two-year licensure period. As 16 part of the [100-hour] 112-hour requirement, the licensure board 17 shall establish a minimum number of hours that must be completed 18 in improving patient safety and risk management subject areas. 19 (c) Review.--The licensure board shall review and approve 20 continuing medical education providers or accrediting bodies who 21 shall be certified to offer continuing medical education credit 22 hours. 23 (d) Exemption.--Licensees shall be exempt from the 24 provisions of this section as follows: 25 (1) An individual applying for licensure in this 26 Commonwealth for the first time shall be exempt from the 27 continuing medical education requirement for the biennial 28 renewal period following initial licensure. 29 (2) An individual holding a current temporary training 30 license shall be exempt from the continuing medical education 20030H0161B0581 - 2 -
1 requirement. 2 (3) A retired physician who provides care only to 3 immediate family members shall be exempt from the continuing 4 medical education requirement. 5 (e) Waiver.--The licensure board may waive all or a portion 6 of the continuing education requirement for biennial renewal to 7 a licensee who shows to the satisfaction of the licensure board 8 that he or she was unable to complete the requirements due to 9 serious illness, military service or other demonstrated 10 hardship. A waiver request shall be made in writing, with 11 appropriate documentation, and shall include a description of 12 circumstances sufficient to show why compliance is impossible. A 13 waiver request shall be evaluated by the licensure board on a 14 case-by-case basis. The licensure board shall send written 15 notification of its approval or denial of a waiver request. 16 (f) Reinstatement.--A licensee seeking to reinstate an 17 inactive or lapsed license shall show proof of compliance with 18 the continuing education requirement for the preceding biennium. 19 (g) Board approval.--An individual shall retain official 20 documentation of attendance for two years after renewal and 21 shall certify completed courses on a form provided by the 22 licensure board for that purpose to be filed with the biennial 23 renewal form. Official documentation proving attendance shall be 24 produced upon licensure board demand pursuant to random audits 25 of reported credit hours. Electronic submission of documentation 26 is permissible to prove compliance with this subsection. 27 Noncompliance with the requirements of this section may result 28 in disciplinary proceedings. 29 (h) Regulations.--The licensure board shall promulgate 30 regulations necessary to carry out the provisions of this 20030H0161B0581 - 3 -
1 section within six months of the effective date of this section. 2 Section 2. This act shall take effect in 60 days. A14L40JLW/20030H0161B0581 - 4 -