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
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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
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1 section within six months of the effective date of this section.
2 Section 2. This act shall take effect in 60 days.
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