PRIOR PRINTER'S NOS. 878, 1110 PRINTER'S NO. 1354
No. 760 Session of 1973
INTRODUCED BY MESSRS. PIPER, WELLS, RIEGER, DORR, MRS. FAWCETT,
MESSRS. BENNETT, FEE, MRS. KELLY, MRS. TOLL, MESSRS. POLITE,
KLINGAMAN, MALADY, ZIMMERMAN, D. S. HAYES, ROWE, GRING, MRS.
CRAWFORD AND MR. GEISLER, APRIL 9, 1973
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 12, 1973
AN ACT
1 Relating to the right to practice medicine and surgery in the
2 Commonwealth of Pennsylvania; and establishing means and
3 methods whereby the right to practice medicine and surgery
4 and any of its branches and limited right to practice
5 medically related acts may be obtained, and exemptions
6 therefrom; imposing powers and duties on the State Board of
7 Medical Education and Licensure; providing for appropriation
8 of board fees to carry out the provisions thereof, and for
9 the granting, revocation and suspension of licenses;
10 providing penalties for violations; and making repeals.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short Title.--This act shall be known and may be
14 cited as "The Medical Practice Act of 1973."
15 Section 2. Definitions.--As used in this act, the following
16 terms shall have the following meanings ascribed to them in this
17 section unless the context clearly determines otherwise:
18 (1) "Board." The State Board of Medical Education and
19 Licensure, established by section 412 of the act of April 9,
20 1929 (P.L.177, No.175), known as "The Administrative Code of
1 1929," and its amendments.
2 (2) "Medical college." An institution of higher learning
3 which has been fully accredited by the Association of American
4 Medical Colleges, its successors or assigns, or the American
5 Medical Association, either directly or through their respective
6 accrediting bodies, as an agency to provide courses in the arts
7 and sciences of medicine and related subjects and empowered by
8 the Commonwealth to grant Academic Degrees in Medicine.
9 (3) "Medicine and surgery." The art and science having for
10 its object the cure of the diseases of and the preservation of
11 the health of man including all practice of the healing art with
12 or without drugs, except healing by spiritual means or prayer.
13 (4) "Physician." A person who has received formal and
14 recognized training in the art and science of medicine and is
15 qualified to seek or has acquired a license to practice medicine
16 and surgery.
17 (5) "Healing art." The science and skill of diagnosis and
18 treatment in any manner whatsoever of disease or any ailment of
19 the human body.
20 (6) "Intern" or "resident." A physician who is receiving
21 supervised graduate medical training at an approved hospital or
22 its legal affiliate.
23 (7) "Clinical clerk." An undergraduate student in a medical
24 college, who is assigned under the auspices of the school in
25 which he is currently enrolled to make notes upon patient
26 histories and physical examinations and to perform certain
27 procedures and laboratory tests for the sole purpose of
28 instruction and experience or who may make notes which become
29 official only when edited and countersigned by a member of the
30 hospital staff. Nothing contained in this act shall be construed
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1 to entitle a clinical clerk to practice medicine and surgery or
2 to prescribe drugs.
3 (8) "Hospital." An institution fully accredited by the
4 Joint Commission on Accreditation of Hospitals or licensed by
5 the Commonwealth of Pennsylvania to render health care.
6 (9) "Approved hospital." A hospital which has been approved
7 by the board for providing supervised graduate medical training.
8 (10) "Affiliate." A member of a group of two or more fully
9 accredited health care institutions legally united by an
10 agreement of affiliation, conceived to enhance the potential of
11 all participants in the provision of health care and medical
12 education.
13 Section 3. Practice of Medicine and Surgery without License
14 Prohibited; Penalties.--It shall be unlawful for any person in
15 the Commonwealth to engage in the practice of medicine and
16 surgery, or pretend to a knowledge of any branch or branches of
17 medicine and surgery, or to hold himself or herself forth as a
18 practitioner in medicine and surgery, or to assume the title of
19 doctor of medicine and surgery or doctor of any specific
20 disease, or to diagnose diseases, or to treat diseases by the
21 use of medicines and surgery as defined in clause (3) of section
22 2 of this act or by any other means, or to sign any death
23 certificate, unless otherwise authorized by law or to hold
24 himself or herself forth as able to do so, excepting those
25 hereinafter exempted, unless he or she has first fulfilled the
26 requirements of this act and has received a certificate of
27 licensure from the board, which license shall be properly
28 recorded in the office of the board. Acts of medical diagnosis
29 or prescription of medical therapeutic or corrective measures
30 may be performed by persons licensed pursuant to the act of May
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1 22, 1951 (P.L.317, No.69), known as "The Professional Nursing
2 Law," if authorized by rules and regulations jointly promulgated
3 by the board and the Pennsylvania Board of Nursing. On first
4 offense any person wilfully violating the provisions of this
5 section of this act shall, upon conviction, be guilty of a
6 misdemeanor and shall be subject to a fine of not more than one
7 thousand dollars ($1,000) or imprisonment for not more than six
8 months in the county prison, or both, at the discretion of the
9 court; on second offense shall be subject to a fine of not less
10 than two thousand dollars ($2,000) and imprisonment of not less
11 than six months or more than one year, at the discretion of the
12 court.
13 Section 4. Acts and Services Performed by an Assistant to a
14 Physician.--The board shall have the power to adopt and revise
15 regulations governing allied medical personnel who assist
16 physicians if such allied medical personnel are not at the
17 effective date of this act otherwise controlled by law or
18 regulation. In the absence of standards established by the
19 board, nothing in this act shall be construed as to prohibit
20 services and acts rendered by a physician's technician,
21 assistant and/or other allied medical person if such services
22 and acts are rendered under the supervision, direction and/or
23 control of a licensed physician.
24 Section 5. The Board's Power to Grant License.--The board
25 may grant the following licenses:
26 (1) License. License for the practice of medicine and
27 surgery without restriction.
28 (2) Temporary License. A graduate of a medical school who
29 qualifies under section 7 of this act, may, on receiving his
30 medical degree, apply to the board for a temporary license upon
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1 presenting a completed application form issued by the board and
2 paying a reasonable registration fee in an amount as determined
3 from time to time by the board.
4 A temporary license shall be valid for twelve consecutive
5 months and shall be recognized only as conferring upon the
6 licensee the right to participate in approved graduate medical
7 training within the complex of the hospital to which he is
8 assigned. Temporary licenses will become null and void after
9 twelve months, at which time they shall be surrendered to the
10 board. The board may extend the validity of a temporary license
11 when such action is warranted.
12 (3) Limited License. A limited license may be granted by
13 the board to graduates of foreign medical schools who have
14 attained through professional growth and teaching experience the
15 true status of teacher, or its equivalent, for the purpose of
16 teaching and/or practicing medicine and surgery in one of the
17 medical schools or in any of its affiliates within the
18 Commonwealth. Persons granted limited licenses who subsequently
19 desire to obtain a license for the practice of medicine and
20 surgery without restriction shall be required to meet all of the
21 standard requirements for such license as set forth in this act.
22 (4) Midwifery, Physical Therapy and Drugless Therapy.
23 Nothing in this act shall be construed to preclude the board
24 from continuing to license, register and regulate persons
25 engaged in the practice of midwifery and/or physical therapy or
26 to register or regulate persons engaged in the practice of
27 drugless therapy in accordance with existing rules and
28 regulations lawfully promulgated by said board prior to the
29 effective date of this act.
30 Section 6. Standards for Medical Training and Facilities.--
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1 (a) The educational qualifications for acceptance as a
2 matriculant in a medical college incorporated within the
3 Commonwealth and the curricula and training to be offered by
4 such medical colleges shall meet the requirements set by the
5 Liaison Committee on Medical Education of the American Medical
6 Association and the Association of American Medical Colleges, or
7 any other accrediting body which from time to time may be
8 recognized by the board.
9 (b) It shall be the duty of the board, in its discretion,
10 periodically to ascertain the character of the instruction and
11 the facilities possessed by each of the medical colleges and
12 hospitals offering or desiring to offer medical training in
13 accordance with the requirements of this act. It shall further
14 be the duty of the board, by inspection and otherwise, to
15 ascertain the facilities and qualifications of medical
16 institutions, colleges, or hospitals, outside this Commonwealth,
17 whose graduates or trainees desire to obtain medical licensure
18 or graduate medical training in this Commonwealth.
19 (c) Any medical institutions empowered by the Commonwealth
20 to confer academic degrees in medicine which in the judgment of
21 the board fail to provide proper facilities, or to maintain the
22 minimum requirements for accreditation shall be duly notified of
23 such failure. Until such deficiencies are corrected, graduates
24 of such institutions shall be ineligible for licensure and/or
25 graduate medical training.
26 Section 7. Qualifications for License.--(a) A graduate of a
27 United States or Canadian medical college who seeks licensure by
28 the board shall furnish the board with evidence, prior to any
29 examination, that he is of legal age, is of good moral
30 character, and is not addicted to the intemperate use of alcohol
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1 or the habitual use of narcotics or other habit-forming drugs,
2 and that he has completed the educational requirements
3 prescribed by the board.
4 (b) Foreign medical school graduates, except graduates of
5 Canadian medical colleges, who seek licensure by the board,
6 shall in addition to the foregoing requirements present evidence
7 of certification by the Educational Council for Foreign Medical
8 Graduates, its successors or assigns.
9 (c) Each application to the board shall have attached
10 thereto the affidavit or affirmation of the applicant as to its
11 verity. Any applicant who knowingly or wilfully makes a false
12 statement of fact in his application shall be subject to
13 prosecution.
14 Section 8. Certification of Licenses.--The fact of licensure
15 to practice medicine and surgery in the Commonwealth shall be
16 certified to by the board to other jurisdictions upon formal
17 application and by payment by the licensee of a reasonable fee
18 in an amount as determined from time to time by the board
19 providing that the licensee at such time is in good standing.
20 Section 9. Meetings of the Board; Examinations.--(a) The
21 board shall hold two stated meetings each year at a place within
22 the Commonwealth as determined by the board for the transaction
23 of its business, and may hold special meetings upon giving due
24 notice thereof. The board shall hold at least two examinations
25 for applicants for licensure under clause (1) of section 5 of
26 this act each year.
27 (b) Such examinations conducted by the board shall be in the
28 English language. Special examinations can be designated by the
29 board. The examinations shall be held at such times and places
30 as designated by the board.
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1 (c) In case of failure at any such examination the applicant
2 shall have, after the expiration of six months and within two
3 years, the privilege of a second examination by the board. In
4 case of failure in a second examination the applicant must enter
5 de novo and only after a year of graduate study approved by the
6 board, and qualify under the conditions obtaining at the time of
7 his application.
8 (d) Applicants for a license to practice medicine and
9 surgery who have been successfully examined by any agency
10 considered competent by the board and who can, in addition,
11 present to the board satisfactory evidence of having in every
12 way fulfilled all the scholastic and other requirements of this
13 act and applicable regulations of the board, may, without
14 further examination, receive from the board, in its discretion,
15 a license conferring all the rights accorded by this act,
16 provided the applicant has paid a reasonable fee in an amount as
17 determined from time to time by the board, and further provided
18 that such applicant has not previously failed a licensing
19 examination given by the board.
20 (e) For the purpose of conducting all examinations the board
21 shall have the privilege of calling to its aid medical
22 consultants, who shall be compensated for their services at a
23 reasonable rate in an amount as determined from time to time by
24 the board in addition to all incurred expenses.
25 Section 10. Reciprocity or Endorsement.--Reciprocity or
26 endorsement may be established at the discretion of the board.
27 Section 11. Licenses; Exemptions, Non-resident
28 Practitioners; Graduate Students; Biennial Registration.--(a)
29 All physicians who have complied with the requirements of the
30 board, and who shall have passed a final examination, and who
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1 have otherwise complied with the provisions of this act, shall
2 receive from the Commissioner of Professional and Occupational
3 Affairs in the Department of State, acting for the board, a
4 license entitling them to the right to practice medicine and
5 surgery without restriction in this Commonwealth. Each such
6 license shall be duly recorded in the office of the board, in a
7 record to be properly kept for that purpose which shall be open
8 to public inspection; and a certified copy of said record shall
9 be received as evidence in all courts in this Commonwealth in
10 the trial of any case: Provided, That this section relating to
11 licenses to practice medicine and surgery shall not apply to
12 medical officers in the medical service of the Armed Forces of
13 the United States, or the United States Public Health Service,
14 or Veterans Administration, or physicians employed within
15 Federal services, while in discharge of their official duties;
16 or to any one who may be a duly licensed practitioner of
17 medicine in any state or commonwealth who may be called upon by
18 a licensed physician of this Commonwealth to consult with him in
19 a case under treatment; or to physicians of other jurisdictions
20 who are training for certification in special departments of
21 medicine and surgery under subsection (b) of this section; or
22 anyone while actually serving as a clinical clerk under the
23 supervision of the medical or surgical staff in any hospital.
24 Nothing contained in this section shall be construed to entitle
25 a clinical clerk to practice medicine and surgery or to
26 prescribe drugs: And provided further, That any duly licensed
27 physician residing in or maintaining his office of practice in
28 any state near the boundary line between said state and this
29 Commonwealth whose practice extends into this Commonwealth shall
30 have the right to practice in this Commonwealth, at the
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1 discretion of the board, provided he files with the secretary of
2 the board a certified copy of his license in the state where he
3 resides, and provided that the board of examiners of the
4 adjoining state reciprocates by extending the same privilege to
5 physicians in this Commonwealth when he shall receive from the
6 secretary of the board a license which shall be automatically
7 revoked if he changes his said residence or office of practice.
8 A record of all persons so licensed shall be kept in the office
9 of the board and shall have the standing before the law of any
10 other license issued by the board.
11 (b) Physicians who are legally authorized to practice
12 medicine and surgery in other states or territories of the
13 United States and the Dominion of Canada, and who apply for
14 training and certification in special departments of medicine
15 and surgery in institutions in this Commonwealth recognized
16 either by the board or the various examining boards in medical
17 specialties approved by the Council on Medical Education of the
18 American Medical Association as proper for such training, shall
19 receive a graduate certificate that is limited to said training
20 within the complex of the hospital and its affiliates where he
21 is engaged in such training. This training experience shall not
22 be converted into a staff service. It shall be valid for one
23 year but may be renewed from year to year. Any person who has
24 been certified in a specialty discipline recognized by the
25 American Medical Association and the board, and who makes an
26 application for licensure to practice medicine and surgery
27 without restriction in the Commonwealth, upon the payment of a
28 reasonable fee as determined from time to time by the board and
29 at the discretion of the board may be given a qualifying
30 examination. Such examination shall emphasize the subject matter
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1 of the specialty discipline for which the applicant has been
2 trained but may also include material from the general field of
3 medical science.
4 (c) It shall be the duty of all persons now licensed to
5 practice medicine and surgery without restriction, or who shall
6 hereafter be so licensed by the board to engage in such practice
7 in the Commonwealth to be registered with the board, and
8 thereafter to register in like manner biennially on or before
9 the first day of January of each succeeding biennium. The form
10 and method of such registration shall be provided for by the
11 board in such manner as will enable the board to carry into
12 effect the purposes of this act.
13 (d) Each person so registering with the board shall pay, for
14 each biennial registration, a reasonable fee as determined from
15 time to time by the board which fee shall accompany the
16 application for such registration.
17 (e) Upon receiving a proper application for such
18 registration accompanied by the fee above provided for, the
19 board shall issue its certificate of registration to the
20 applicant. Said certificate together with its renewals shall be
21 good and sufficient evidence of registration under the
22 provisions of this act.
23 Section 12. Violation of Act.--Any person, or the
24 responsible officer or employe of any corporation or
25 partnership, institution or association, violating any of the
26 provisions other than section 3 of this act shall upon summary
27 conviction be sentenced to pay a fine of not less than one
28 hundred dollars ($100) and not more than five hundred dollars
29 ($500).
30 Section 13. Examination Fees.--The board shall have the
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1 power to charge a reasonable fee for all examinations, as
2 determined from time to time by the board.
3 Section 14. Fees and Fines for Board.--All fees and fines
4 collected under the provisions of this act are hereby <--
5 specifically appropriated for exclusive use by the board in
6 carrying out the provisions of this act. SHALL BE PAID INTO THE <--
7 STATE TREASURY FOR THE USE OF THE COMMONWEALTH.
8 Section 15. Automatic Suspension.--A license issued under
9 this act shall automatically be suspended upon the legal
10 commitment to an institution of a licensee because of mental
11 incompetency from any cause upon filing with the board a
12 certified copy of such commitment. Restoration of such license
13 shall be made as hereinafter provided as in the case of
14 revocation or suspension of such license.
15 Section 16. Reasons for Refusal; Revocation or Suspension of
16 License.--(a) The board shall have authority to refuse, revoke
17 or suspend the license of a physician for any or all of the
18 following reasons:
19 (1) Failing to demonstrate the qualifications or standards
20 for a license contained in this act or regulations of the board,
21 in which proceeding the burden of proof shall be upon the
22 applicant.
23 (2) Making misleading, deceptive, untrue or fraudulent
24 representations in the practice of medicine; practicing fraud or
25 deceit in obtaining a license to practice medicine and surgery;
26 or making a false or deceptive biennial registration with the
27 board.
28 (3) Being convicted of a felony in the courts of this
29 Commonwealth or any other state, territory or country.
30 Conviction as used in this paragraph shall include a criminal
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1 proceeding in which a finding or verdict of guilt is made or
2 returned but the adjudication of guilt is either withheld or not
3 entered thereon.
4 (4) Having his license to practice medicine and surgery
5 revoked or suspended or having other disciplinary action taken,
6 or his application for a license refused, revoked or suspended
7 by the proper licensing authority of another state, territory or
8 country.
9 (5) Being unable to practice medicine with reasonable skill
10 and safety to patients by reason of illness, drunkenness,
11 excessive use of drugs, narcotics, chemicals, or any other type
12 of material, or as a result of any mental or physical condition.
13 In enforcing this clause (5), the board shall, upon probable
14 cause, have authority to compel a physician to submit to a
15 mental or physical examination by physicians designated by it.
16 Failure of a physician to submit to such examination when
17 directed shall constitute an admission of the allegations
18 against him unless failure is due to circumstances beyond his
19 control, consequent upon which a default and final order may be
20 entered without the taking of testimony or presentation of
21 evidence. A physician affected under this paragraph shall at
22 reasonable intervals be afforded an opportunity to demonstrate
23 that he can resume a competent practice of medicine with
24 reasonable skill and safety to patients.
25 (6) Violating a lawful regulation promulgated by the board
26 or violating a lawful order of the board, previously entered by
27 the board in a disciplinary proceeding.
28 (7) Knowingly maintaining a professional connection or
29 association with any person who is in violation of this act or
30 regulations of the board or knowingly aiding, assisting,
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1 procuring or advising any unlicensed person to practice medicine
2 contrary to this act, or regulations of the board.
3 (8) Being guilty of immoral or unprofessional conduct.
4 Unprofessional conduct shall include any departure from, or the
5 failure to conform to, the minimal standards of acceptable and
6 prevailing medical practice, in which proceeding actual injury
7 to a patient need not be established.
8 (b) When the board finds any person unqualified or guilty of
9 any of the grounds set forth above, it may enter its order,
10 imposing one or more of the following to:
11 (1) Deny the application for a license.
12 (2) Permanently withhold issuance of a license.
13 (3) Administer a public or private reprimand.
14 (4) Suspend or limit or restrict a license as determined by
15 the board.
16 (5) Revoke a license.
17 (6) Require a licensee to submit to the care, counseling, or
18 treatment of a physician or physicians designated by the board.
19 (7) Impose a judgment and penalty but suspend enforcement
20 thereof and place a licensee on probation with the right to
21 vacate the probationary order for noncompliance.
22 (8) Restore or reissue, in its discretion, a license to
23 practice medicine and surgery, and may impose any disciplinary
24 or corrective measure which it might originally have imposed.
25 (c) All actions of the board shall be taken subject to the
26 right of notice, hearing and adjudication and the right of
27 appeal therefrom in accordance with the provisions of the act of
28 June 4, 1945 (P.L.1388, No.442), known as the "Administrative
29 Agency Law."
30 Section 17. Regulatory Powers of the Board.--The board in
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1 the exercise of its duties under this act shall have the power
2 to adopt and revise such regulations as are reasonably necessary
3 to carry out the purposes of this act in conformity with the
4 provisions of the act of July 31, 1968 (P.L.769, No.240), known
5 as the "Commonwealth Documents Law." The board is authorized to
6 establish, by agreement with the Pennsylvania Board of Nursing,
7 a Joint Committee on Allied Health Care Personnel. Such joint
8 committee shall consider, and recommend to each board for
9 adoption, appropriate regulations defining the jurisdiction of
10 each board over the activities of allied health care personnel.
11 Section 18. Applicability of Act.--(a) The provisions of
12 this act shall not apply either directly or indirectly, by
13 intent or purpose, to affect the practice of:
14 (1) Pharmacy as authorized by the acts approved April 14,
15 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
16 Device and Cosmetic Act," and September 27, 1961 (P.L.1700,
17 No.699), known as the "Pharmacy Act."
18 (2) Dentistry as authorized by the act approved May 1, 1933
19 (P.L.216, No.76), known as "The Dental Law."
20 (3) Optometry, as authorized by the act approved March 30,
21 1917 (P.L.21, No.10), entitled, "An act defining optometry; and
22 relating to the right to practice optometry in the Commonwealth
23 of Pennsylvania, and making certain exceptions; and providing a
24 Board of Optometrical Education, Examination, and Licensure, and
25 means and methods whereby the right to practice optometry may be
26 obtained; and providing for the means to carry out the
27 provisions of this act; and providing for revocation or
28 suspension of licenses given by said board, and providing
29 penalties for violations thereof; and repealing all acts or
30 parts of acts inconsistent therewith."
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1 (4) Chiropractic, as authorized by the act of August 10,
2 1951 (P.L.1182, No.264), known as the "Chiropractic Registration
3 Act of 1951."
4 (5) Podiatry, as authorized by the act of March 2, 1956
5 (P.L.1206, No.375), known as the "Podiatry Act of 1956."
6 (6) Osteopathy, as authorized by the act of March 19, 1909
7 (P.L.46, No.29), entitled, as amended, "An act to regulate the
8 practice of osteopathy and surgery in the State of Pennsylvania;
9 to provide for the establishment of a State Board of Osteopathic
10 Examiners; to define the powers and duties of said Board of
11 Osteopathic Examiners; to provide for the examining and
12 licensing of osteopathic physicians and surgeons in this State;
13 and to provide penalties for the violation of this act."
14 (b) This act shall not be construed so as to give the Board
15 of Medical Education and Licensure any jurisdiction over any of
16 the schools or colleges of the methods exempted in this section.
17 Section 19. Specific Repeals.--(a) The act of June 3, 1911
18 (P.L.639, No.246), known as the "Medical Practice Act," is
19 repealed absolutely.
20 (b) All other acts and parts of acts inconsistent herewith
21 are repealed to the extent of such inconsistency.
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