PRINTER'S NO. 746
No. 678 Session of 1997
INTRODUCED BY DeLUCA, STABACK, ITKIN, BELARDI, KIRKLAND, YOUNGBLOOD AND SAYLOR, MARCH 5, 1997
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 5, 1997
AN ACT 1 Requiring physicians and health care workers to report 2 incompetent, negligent, unethical and illegal practices among 3 physicians; requiring insurance companies to report changes 4 in their policies regarding certain physicians to the State 5 Board of Medicine and the State Board of Osteopathic 6 Medicine; providing penalties for those physicians and health 7 care workers who fail to adhere to the act; and granting 8 immunity to any physician or health care worker who adheres 9 to the act. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Short title. 13 This act shall be known and may be cited as the Medical Abuse 14 Reporting Act. 15 Section 2. Reports of abuse by physicians and health care 16 workers. 17 Any physician or health care worker who witnesses, either in 18 a hospital or other health care facility, incompetent, 19 negligent, unethical or illegal practices, according to 20 contemporary professional standards, by a physician or 21 physicians who work at that hospital or other health care
1 facility and which pose a threat to the health and safety of the 2 general public shall report these actions immediately to the 3 appropriate authority within the hospital or other health care 4 facility. 5 Section 3. Reports by insurance companies. 6 Companies that insure physicians in this Commonwealth shall 7 report to the State Board of Medicine and to the State Board of 8 Osteopathic Medicine any malpractice suit or claim brought 9 against a physician, along with the results of the suits or 10 claims, including settlements, adjustments, indemnity money paid 11 and acquittals, whichever applies to the specified case. The 12 insurance company shall also report when the company has decided 13 to drop a physician's policy or has decided not to renew a 14 physician's policy with the company. 15 Section 4. Civil penalty. 16 Failure by any physician or health care worker to adhere to 17 this act shall result in a civil penalty of not more than 18 $1,000. Failure to adhere to this act by any insurance company 19 which insures physicians shall result in a civil penalty of not 20 more than $10,000. 21 Section 5. Immunity for reporting abuse. 22 Any physician or health care worker who makes a good faith 23 and honest effort to adhere to this act shall be granted 24 immunity from prosecution by any person or party who has been 25 charged or found guilty under this act. 26 Section 6. Effective date. 27 This act shall take effect in 60 days. A3L35JLW/19970H0678B0746 - 2 -