PRINTER'S NO. 6
No. 11 Session of 1999
INTRODUCED BY MELLOW, HUGHES, FUMO, O'PAKE, BODACK, MUSTO, STAPLETON, STOUT, TARTAGLIONE, LAVALLE, SCHWARTZ, WAGNER, COSTA, KITCHEN, KUKOVICH AND WOZNIAK, JANUARY 7, 1999
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 7, 1999
AN ACT
1 Amending the act of April 27, 1905 (P.L.312, No.218), entitled
2 "An act creating a Department of Health, and defining its
3 powers and duties," providing for the Office of Physician
4 General.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1 of the act of April 27, 1905 (P.L.312,
8 No.218), entitled "An act creating a Department of Health, and
9 defining its powers and duties," amended July 2, 1996 (P.L.518,
10 No.87), is amended to read:
11 Section 1. Be it enacted, &c., (a) The Department of Health
12 shall consist of a Secretary of Health, an advisory board and
13 [a] the Office of Physician General.
14 (b) The secretary shall be the head of the department, and
15 shall be appointed by the Governor, with the advice and consent
16 of the Senate. The secretary shall be either a graduate of an
17 accredited medical or osteopathic medical school who is a
18 practicing physician licensed by the Commonwealth or an
1 individual with professional experience in the field of public 2 health, health services delivery or education or training of 3 health service professionals. The secretary shall serve at the 4 pleasure of the Governor. 5 [(c) There shall be an office of Physician General within 6 the administrative structure of the department. The Physician 7 General shall be appointed by the Governor by and with the 8 advice and consent of the Senate. The department shall provide 9 adequate staff and other support as needed. The Physician 10 General shall be a graduate of an accredited medical or 11 osteopathic medical school and shall be a practicing physician 12 licensed by the Commonwealth. The Physician General shall serve 13 at the pleasure of the Governor. The Physician General shall: 14 (1) Advise the Governor and the secretary on health policy. 15 (2) Participate in the decision-making process of the 16 department on policies relating to all medical and public 17 health-related issues and in the decision-making process of 18 other executive branch agencies as directed by the Governor. 19 (3) Review professional standards and practices in medicine 20 and public health which are related to matters within the 21 jurisdiction of the department and other executive branch 22 agencies. 23 (4) Consult with recognized experts on medical and public 24 health matters which are within the jurisdiction of the 25 department and other executive branch agencies. 26 (5) Provide advice on medical and public health issues to 27 the secretary and to other executive branch agencies. 28 (6) Coordinate educational, informational and other programs 29 for the promotion of wellness, public health and related medical 30 issues in this Commonwealth and serve as the primary advocate 19990S0011B0006 - 2 -
1 for these programs. 2 (7) Consult with experts in this Commonwealth and other 3 states regarding medical research, innovation and development 4 which relate to programs and issues of importance to the 5 department and the Commonwealth. 6 (8) Perform such other duties as directed by the Governor. 7 (9) When the secretary is not a physician, serve as a voting 8 member of the State Board of Medicine and the State Board of 9 Osteopathic Medicine. The Physician General may provide a 10 designee to serve in his or her stead. The salary and other 11 conditions of employment shall be set by the Executive Board.] 12 (d) The department shall have an official seal. 13 Section 2. The act is amended by adding a section to read: 14 Section 1.1. (a) There is hereby established within the 15 Department of Health an independent Office of Physician General 16 to establish health policy in the interest of the people of this 17 Commonwealth. 18 (b) The Governor shall appoint a Physician General, which 19 appointment shall be subject to the approval of a majority of 20 the members of the Senate. The Physician General shall be a 21 graduate of an accredited medical or osteopathic medical school 22 and shall be a practicing physician licensed by the 23 Commonwealth. The Physician General shall be appointed for a 24 five-year term. The Physician General is not eligible to serve 25 more than one five-year term. The Physician General shall serve 26 as Physician General until a successor is appointed and 27 qualified. No individual who serves as the Physician General 28 shall engage in the private practice of medicine, while serving 29 in such position. Any individual who is appointed to the 30 position of Physician General shall not seek election or accept 19990S0011B0006 - 3 -
1 appointment to any public office during the tenure as Physician 2 General and for a period of two years after the appointment 3 served or terminated. 4 (c) The Secretary of Health shall have administrative 5 responsibilities only for the Office of Physician General and 6 shall not be responsible, in any manner, for the policies, 7 procedures or other substantive matters developed by the 8 Physician General in carrying out his or her duties under this 9 act. 10 (d) The Physician General shall: 11 (1) Advise the Governor and the secretary on health policy. 12 (2) Participate in the decision-making process of the 13 department on policies relating to all medical and public 14 health-related issues and in the decision-making process of 15 other executive branch agencies. 16 (3) Review professional standards and practices in medicine 17 and public health which are related to matters within the 18 jurisdiction of the department and other executive branch 19 agencies. 20 (4) Consult with recognized experts on medical and public 21 health matters which are within the jurisdiction of the 22 department and other executive branch agencies. 23 (5) Provide advice on medical and public health issues to 24 the secretary and to other executive branch agencies. 25 (6) Coordinate educational, informational and other programs 26 for the promotion of wellness, public health and related medical 27 issues in this Commonwealth and serve as the primary advocate 28 for these programs. 29 (7) Consult with experts in this Commonwealth and other 30 states regarding medical research, innovation and development 19990S0011B0006 - 4 -
1 which relate to programs and issues of importance to the 2 department and the Commonwealth. 3 (8) When the secretary is not a physician, serve as a voting 4 member of the State Board of Medicine and the State Board of 5 Osteopathic Medicine. The Physician General may provide a 6 designee to serve in his or her stead. The salary and other 7 conditions of employment shall be set by the Executive Board. 8 (e) Before November 1 of each year, the Physician General 9 shall estimate the total expenditures for the Office of 10 Physician General and submit the estimate to the Governor in 11 accordance with section 610 of the act of April 9, 1929 12 (P.L.177, No.175), known as "The Administrative Code of 1929." 13 At the same time the Physician General submits the estimate to 14 the Governor, the Physician General shall also submit that 15 estimate to the General Assembly. The Physician General or 16 designated representatives of the Physician General shall be 17 afforded an opportunity to appear before the Governor and the 18 Appropriations Committee of the Senate and the Appropriations 19 Committee of the House of Representatives regarding the 20 estimate. 21 Section 3. This act shall take effect in 60 days. L11L35SFL/19990S0011B0006 - 5 -