PRINTER'S NO. 2310
No. 1534 Session of 2002
INTRODUCED BY C. WILLIAMS, OCTOBER 15, 2002
REFERRED TO JUDICIARY, OCTOBER 15, 2002
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, adding and changing 3 definitions; further providing for the unified judicial 4 system; establishing the appellate division of the Medical 5 Professional Liability Court; providing for transfers between 6 intermediate appellate courts, for lien of judgments for 7 money, for direct appeals to the Supreme Court from courts of 8 common pleas, for allowance of appeals from Superior Court 9 and Commonwealth Court, for appeals to Superior Court from 10 courts of common pleas, for original jurisdiction of the 11 Commonwealth Court, for appeals to the Commonwealth Court 12 from courts of common pleas, for the jurisdiction of the 13 appellate division of the Medical Professional Liability 14 Court and for the organization and jurisdiction of the 15 Medical Professional Liability Court; establishing the 16 Medical Professional Liability Qualifications Commission and 17 prescribing its powers and duties; further providing for 18 selection of judicial officers, for vacancies in judicial 19 offices and for retention election of judicial officers; 20 providing for selection and retention of judges of the 21 Medical Professional Liability Court and for salaries of 22 judges of the Medical Professional Liability Court; 23 establishing the Medical Professional Liability Court Fund 24 and providing for receipts and payments; and further 25 providing for right to appellate review and for appeals 26 generally. 27 The General Assembly of the Commonwealth of Pennsylvania 28 hereby enacts as follows: 29 Section 1. The definition of "appellate court" in section
1 102 of Title 42 of the Pennsylvania Consolidated Statutes is 2 amended and the section is amended by adding definitions to 3 read: 4 § 102. Definitions. 5 Subject to additional definitions contained in subsequent 6 provisions of this title which are applicable to specific 7 provisions of this title, the following words and phrases when 8 used in this title shall have, unless the context clearly 9 indicates otherwise, the meanings given to them in this section: 10 * * * 11 "Appellate court." Includes the Supreme Court, the Superior 12 Court [and], the Commonwealth Court[.] and the appellate 13 division of the Medical Professional Liability Court. 14 "Appellate division." The appellate division of the Medical 15 Professional Liability Court established under section 581 16 (relating to appellate division of Medical Professional 17 Liability Court). 18 * * * 19 "Medical Professional Liability Court." The court 20 established under section 811 (relating to Medical Professional 21 Liability Court). 22 "Medical Professional Liability Court rule." A rule or order 23 promulgated by the Medical Professional Liability Court. 24 * * * 25 "Statewide judges." Judges of the Supreme Court, Superior 26 Court, Commonwealth Court and Medical Professional Liability 27 Court. 28 * * * 29 Section 2. Section 301 of Title 42 is amended to read: 30 § 301. Unified judicial system. 20020S1534B2310 - 2 -
1 The judicial power of the Commonwealth shall be vested in a
2 unified judicial system consisting of the:
3 (1) Supreme Court.
4 (2) Superior Court.
5 (3) Commonwealth Court.
6 (3.1) Medical Professional Liability Court.
7 (4) Courts of common pleas.
8 (5) Community courts.
9 (6) Philadelphia Municipal Court.
10 (7) Pittsburgh Magistrates Court.
11 (8) Traffic Court of Philadelphia.
12 (9) District justices.
13 All courts and district justices and their jurisdiction shall be
14 in this unified judicial system.
15 Section 3. Chapter 5 of Title 42 is amended by adding a
16 subchapter to read:
17 SUBCHAPTER D
18 APPELLATE DIVISION OF THE
19 MEDICAL PROFESSIONAL LIABILITY COURT OF PENNSYLVANIA
20 Sec.
21 581. Appellate division of the Medical Professional Liability
22 Court.
23 582. Powers of appellate division.
24 583. Seat of appellate division.
25 § 581. Appellate division of the Medical Professional Liability
26 Court.
27 (a) General rule.--There shall be an appellate division of
28 the Medical Professional Liability Court which shall consist of
29 the president judge and the other judges in regular active
30 service.
20020S1534B2310 - 3 -
1 (b) Panels and en banc.--When reviewing orders of the 2 Medical Professional Liability Court, the appellate division 3 shall sit in panels, and no member of the appellate division 4 shall participate as a member of a panel in the judicial review 5 of any order or other action in which the person participated as 6 a matter of original jurisdiction. A decision of a panel may be 7 reviewed by the division en banc. 8 § 582. Powers of appellate division. 9 The appellate division of the Medical Professional Liability 10 Court shall have all powers necessary or appropriate in aid of 11 its jurisdiction which are agreeable to the usages and 12 principles of law. 13 § 583. Seat of appellate division. 14 The regular sessions of the appellate division of the Medical 15 Professional Liability Court shall be held in the cities of 16 Harrisburg, Norristown and Pittsburgh and elsewhere as 17 prescribed by Medical Professional Liability Court rule. 18 Section 4. Sections 705, 707, 722, 724, 742, 761(a) and 19 762(b) of Title 42 are amended to read: 20 § 705. Transfers [between] among intermediate appellate courts. 21 The Superior Court [and], the Commonwealth Court and the 22 appellate division of the Medical Professional Liability Court 23 shall have power pursuant to general rules, on their own motion 24 or upon [petition] application of any party, to transfer any 25 appeal to [the other court] another appellate court or division 26 (subject to the restrictions) for consideration and decision 27 with any matter pending in such other court or division 28 involving the same or related questions of fact, law or 29 discretion. 30 § 707. Lien of judgments for money. 20020S1534B2310 - 4 -
1 Any judgment or other order of the Supreme Court, the 2 Superior Court [or], the Commonwealth Court or the appellate 3 division of the Medical Professional Liability Court for the 4 payment of money shall not be a lien upon real property in any 5 county until it is entered of record in the office of the clerk 6 of the court of common pleas of the county where the property is 7 situated, or in the office of the clerk of the branch of the 8 court of common pleas embracing such county, in the same manner 9 as a judgment transferred from the court of common pleas of 10 another county. 11 § 722. Direct appeals from courts of common pleas. 12 (a) General rule.--The Supreme Court shall have exclusive 13 jurisdiction of appeals from final orders of the courts of 14 common pleas in the following classes of cases: 15 (1) Matters prescribed by general rule. 16 (2) The right to public office. 17 (3) Matters where the qualifications, tenure or right to 18 serve, or the manner of service, of any member of the 19 judiciary is drawn in question. 20 (4) Automatic review of sentences as provided by [42 21 Pa.C.S. §§] sections 9546(d) (relating to relief and order) 22 and 9711(h) (relating to review of death sentence). 23 (5) Supersession of a district attorney by an Attorney 24 General or by a court or where the matter relates to the 25 convening, supervision, administration, operation or 26 discharge of an investigating grand jury or otherwise 27 directly affects such a grand jury or any investigation 28 conducted by it. 29 (6) Matters where the right or power of the Commonwealth 30 or any political subdivision to create or issue indebtedness 20020S1534B2310 - 5 -
1 is drawn in direct question. 2 (7) Matters where the court of common pleas has held 3 invalid as repugnant to the Constitution, treaties or laws of 4 the United States, or to the Constitution of this 5 Commonwealth, any treaty or law of the United States or any 6 provision of the Constitution of, or of any statute of, this 7 Commonwealth, or any provision of any home rule charter. 8 (8) Matters where the right to practice law is drawn in 9 direct question. 10 (b) Exception.--The Supreme Court shall not have 11 jurisdiction under subsection (a)(7) of such classes of appeals 12 from the courts of common pleas as are by section 762 (relating 13 to appeals from courts of common pleas) within the exclusive 14 jurisdiction of the appellate division of the Medical 15 Professional Liability Court. 16 § 724. Allowance of appeals from [Superior and Commonwealth 17 Courts] intermediate appellate courts. 18 (a) General rule.--Except as provided by section 9781(f) 19 (relating to limitation on additional appellate review), final 20 orders of the Superior Court and final orders of the 21 Commonwealth Court not appealable under section 723 (relating to 22 appeals from Commonwealth Court) may be reviewed by the Supreme 23 Court upon allowance of appeal by any two justices of the 24 Supreme Court upon petition of any party to the matter. 25 (a.1) Medical Professional Liability Court appeals.--Final 26 orders of the appellate division of the Medical Professional 27 Liability Court may be reviewed by the Supreme Court upon 28 allowance of appeal by any two justices of the Supreme Court 29 upon petition of any party to the matter if the petition is 30 granted within 90 days after it is filed. 20020S1534B2310 - 6 -
1 (a.2) Scope of review.--If the petition shall be granted, 2 the Supreme Court shall have jurisdiction to review the order in 3 the manner provided by section 5105(d)(1) (relating to scope of 4 appeal). 5 (b) Improvident appeals.--If an appeal is improvidently 6 taken to the Supreme Court under section 723 in a case where the 7 proper mode of review is by petition for allowance of appeal 8 under this section, this alone shall not be a ground for 9 dismissal, but the papers whereon the appeal was taken shall be 10 regarded and acted on as a petition for allowance of appeal and 11 as if duly filed at the time the appeal was taken. 12 § 742. Appeals from courts of common pleas. 13 The Superior Court shall have exclusive appellate 14 jurisdiction of all appeals from final orders of the courts of 15 common pleas, regardless of the nature of the controversy or the 16 amount involved, except such classes of appeals as are by any 17 provision of this chapter within the exclusive jurisdiction of 18 the Supreme Court [or], the Commonwealth Court or the appellate 19 division of the Medical Professional Liability Court. 20 § 761. Original jurisdiction. 21 (a) General rule.--The Commonwealth Court shall have 22 original jurisdiction of all civil actions or proceedings: 23 (1) Against the Commonwealth government, including any 24 officer thereof, acting in his official capacity, except: 25 (i) actions or proceedings in the nature of 26 applications for a writ of habeas corpus or post- 27 conviction relief not ancillary to proceedings within the 28 appellate jurisdiction of the court; 29 (ii) eminent domain proceedings; 30 (iii) actions or proceedings conducted pursuant to 20020S1534B2310 - 7 -
1 Chapter 85 (relating to matters affecting government 2 units); 3 (iv) actions or proceedings conducted pursuant to 4 the act of May 20, 1937 (P.L.728, No.193), referred to as 5 the Board of Claims Act; [and] 6 (v) actions or proceedings in the nature of trespass 7 as to which the Commonwealth government formerly enjoyed 8 sovereign or other immunity and actions or proceedings in 9 the nature of assumpsit relating to such actions or 10 proceedings in the nature of trespass[.]; and 11 (vi) such matters as are by Subchapter C of Chapter 12 8 (relating to jurisdiction of the Medical Professional 13 Liability Court) within the jurisdiction of the Medical 14 Professional Liability Court. 15 (2) By the Commonwealth government, including any 16 officer thereof, acting in his official capacity, except: 17 (i) eminent domain proceedings[.]; and 18 (ii) such matters as are by section 832 (relating to 19 original jurisdiction) within the jurisdiction of the 20 Medical Professional Liability Court. 21 (3) [Arising under Article V of the act of May 17, 1921 22 (P.L.789, No.285), known as "The Insurance Department Act of 23 1921."] 24 (4) Original jurisdiction of which is vested in the 25 Commonwealth Court by any unrepealed statute hereafter 26 enacted. 27 * * * 28 § 762. Appeals from courts of common pleas. 29 * * * 30 (b) Exception.--The Commonwealth Court shall not have 20020S1534B2310 - 8 -
1 jurisdiction of such classes of appeals from courts of common 2 pleas as are by [section]: 3 (1) Section 722 (relating to direct appeals from courts 4 of common pleas) within the exclusive jurisdiction of the 5 Supreme Court. 6 (2) Section 782 (relating to appeals from Medical 7 Professional Liability Court original hearing matters) within 8 the exclusive jurisdiction of the appellate division of the 9 Medical Professional Liability Court. 10 Section 5. Chapter 7 of Title 42 is amended by adding a 11 subchapter to read: 12 SUBCHAPTER E 13 JURISDICTION OF APPELLATE DIVISION OF 14 MEDICAL PROFESSIONAL LIABILITY COURT 15 Sec. 16 781. Original jurisdiction. 17 782. Appeals from Medical Professional Liability Court original 18 hearing matters. 19 783. Answer of certified questions of law. 20 784. Certification of questions of law. 21 § 781. Original jurisdiction. 22 The appellate division of the Medical Professional Liability 23 Court shall have no original jurisdiction, except: 24 (1) in cases of mandamus and prohibition to: 25 (i) the judges of the Medical Professional Liability 26 Court when exercising the original jurisdiction of the 27 Medical Professional Liability Court; or 28 (ii) courts of inferior jurisdiction where such 29 relief is ancillary to matters within the appellate 30 jurisdiction of the division; and 20020S1534B2310 - 9 -
1 (2) that the division, or any member thereof, shall have 2 full power and authority when and as often as there may be 3 occasion to issue writs of habeas corpus under like 4 conditions returnable to the said court. 5 § 782. Appeals from Medical Professional Liability Court 6 original hearing matters. 7 The appellate division of the Medical Professional Liability 8 Court shall have exclusive appellate jurisdiction of all appeals 9 from final orders of the Medical Professional Liability Court 10 entered by a single member thereof, regardless of the nature of 11 the controversy or the amount involved. 12 § 783. Answer of certified questions of law. 13 (a) General rule.--The appellate division of the Medical 14 Professional Liability Court may answer questions of law 15 certified to it by a United States appellate court or the 16 highest appellate court or the intermediate appellate court of 17 any other state or jurisdiction, when requested by the 18 certifying court, if they are involved in any matter pending 19 before the certifying court questions of law of the Commonwealth 20 within the jurisdiction of the appellate division which may be 21 determinative of the matter in the certifying court and as to 22 which it appears to the certifying court there is no controlling 23 precedent in the decisions of the appellate division. 24 (b) Contents of certification order.--A certification order 25 shall set forth: 26 (1) The questions of law to be answered. 27 (2) A statement of all facts relevant to the questions 28 certified and showing fully the nature of the controversy in 29 which the question arose. 30 (c) Preparation of certification order.--The certification 20020S1534B2310 - 10 -
1 order shall be prepared by the certifying court, signed by the 2 judge presiding over the matter and forwarded to the appellate 3 division of the Medical Professional Liability Court by the 4 clerk of the certifying court under its official seal. The 5 appellate division may require the original or copies of all or 6 of any portion of the record before the certifying court to be 7 filed with the certification order if, in the opinion of the 8 appellate division, the record or portion thereof may be 9 necessary in answering the questions. 10 (d) Costs of certification.--Fees and costs shall be the 11 same as in appeals docketed before the appellate division and 12 shall be equally divided between the parties unless otherwise 13 ordered by the certifying court in its order of certification. 14 (e) Briefs and argument.--Proceedings in the appellate 15 division under this section shall be governed by Medical 16 Professional Liability Court rules, which may provide 17 specifically for the answering and certification of questions of 18 law under this section. 19 (f) Opinion.--The written opinion of the appellate division 20 stating the law governing the questions certified shall be sent 21 by the clerk under the seal of the appellate division of the 22 Medical Professional Liability Court to the certifying court and 23 to the parties. An order adopting a written opinion shall be 24 subject to appeal under section 724(b) (relating to allowance of 25 appeals from intermediate appellate courts). 26 § 784. Certification of questions of law. 27 (a) General rule.--The appellate division of the Medical 28 Professional Liability Court, on its own motion or on the 29 application of any party, may order certification of questions 30 of law to a United States appellate court or to the highest 20020S1534B2310 - 11 -
1 appellate court or the intermediate appellate court of any other 2 state or jurisdiction, when it appears to the appellate division 3 that: 4 (1) there are involved in any matter pending before the 5 appellate division questions of law of the receiving 6 jurisdiction which may be determinative of the matter in the 7 appellate division; and 8 (2) there is not controlling precedent in the decisions 9 of the appellate courts of the receiving jurisdiction. 10 (b) Law of case.--The certification order may contain an 11 undertaking on behalf of the Pennsylvania unified judicial 12 system that the answer to the certified question shall be deemed 13 the law of the case for the purposes of all further proceedings 14 in the courts of this Commonwealth. 15 (c) Procedure.--The procedures for certification from this 16 Commonwealth to the receiving jurisdiction shall be as provided 17 by the laws of the receiving jurisdiction. 18 Section 6. The heading of Article C of Subpart A of Part II 19 of Title 42 is amended to read: 20 ARTICLE C 21 MEDICAL PROFESSIONAL LIABILITY COURT 22 AND COURTS OF COMMON PLEAS 23 Section 7. Article C of Subpart A of Part II of Title 42 is 24 amended by adding a chapter to read: 25 CHAPTER 8 26 ORGANIZATION AND JURISDICTION OF THE 27 MEDICAL PROFESSIONAL LIABILITY COURT 28 OF PENNSYLVANIA 29 Subchapter 30 A. (Reserved) 20020S1534B2310 - 12 -
1 B. Organization of the Medical Professional Liability Court 2 C. Jurisdiction of the Medical Professional Liability Court 3 D. Transitional Provisions 4 SUBCHAPTER A 5 (RESERVED) 6 SUBCHAPTER B 7 ORGANIZATION OF THE MEDICAL PROFESSIONAL LIABILITY 8 COURT 9 Sec. 10 811. Medical Professional Liability Court. 11 812. Powers of Medical Professional Liability Court. 12 813. Seat of court. 13 814. Lien of judgments for money. 14 § 811. Medical Professional Liability Court. 15 There shall be a Medical Professional Liability Court of 16 Pennsylvania which shall consist of 18 judges. 17 § 812. Powers of Medical Professional Liability Court. 18 The Medical Professional Liability Court shall have power to 19 issue, under its judicial seal, every lawful writ and process 20 necessary or suitable for the exercise of its jurisdiction and 21 for the enforcement of any order which it may make, including 22 such writs and process to or to be served or enforced by system 23 and related personnel as the courts of common pleas are 24 authorized by law or usage to issue. The court shall also have 25 all powers of a court of record possessed by the courts of 26 common pleas. 27 § 813. Seat of court. 28 (a) Central filing.--The Medical Professional Liability 29 Court shall maintain offices for the receipt of filings at one 30 or more locations within this Commonwealth as may be prescribed 20020S1534B2310 - 13 -
1 by Medical Professional Liability Court rule. 2 (b) Regular sessions.--The regular sessions of the Medical 3 Professional Liability Court shall be held in the eastern 4 district of Pennsylvania with locations in Norristown and 5 Scranton, middle district of Pennsylvania with locations in 6 Harrisburg and Williamsport and western district of Pennsylvania 7 with locations in Pittsburgh and Erie. 8 (c) Other sessions.--Within the limits of available 9 appropriations, special sessions of the Medical Professional 10 Liability Court may be held at such other places from time to 11 time within this Commonwealth as may be necessary for the 12 convenience of parties or witnesses. 13 (d) Reimbursement.--When regular or other sessions of the 14 Medical Professional Liability Court are held in facilities 15 provided by counties under this section, reimbursement for 16 actual and reasonable expenses shall be made to the counties 17 from the Medical Professional Liability Court Fund. 18 § 814. Lien of judgments for money. 19 Any judgment or other order of the Medical Professional 20 Liability Court for the payment of money shall not be a lien 21 upon real property in any county until it is entered of record 22 in the office of the clerk of the court of common pleas of the 23 county in which the property is situated, or in the office of 24 the clerk of the branch of the court of common pleas embracing 25 such county, in the same manner as a judgment transferred from 26 the court of common pleas of another county. 27 SUBCHAPTER C 28 JURISDICTION OF THE MEDICAL PROFESSIONAL 29 LIABILITY COURT 30 Sec. 20020S1534B2310 - 14 -
1 831. Definitions. 2 832. Original jurisdiction. 3 833. Exclusive jurisdiction. 4 § 831. Definitions. 5 The following words and phrases when used in this subchapter 6 shall have the meanings given to them in this section unless the 7 context clearly indicates otherwise: 8 "Health care provider." An individual or health care 9 facility that is licensed, certified or otherwise authorized to 10 provide health care under the laws of this Commonwealth. The 11 term also includes both of the following: 12 (1) An officer, employee or agent of a health care 13 provider acting within the scope of the person's duties and 14 authority. 15 (2) A legal entity through which one or more health care 16 providers deliver health care, including, but not limited to, 17 a professional corporation, a partnership or limited 18 liability company. 19 "Medical professional liability claim." A claim brought by 20 or on behalf of an individual seeking damages for loss sustained 21 by the individual as a result of an injury or wrong to the 22 individual or another individual arising from a health care 23 provider's provision of or failure to provide health care 24 regardless of the theory of liability. A medical professional 25 liability claim includes, but is not limited to, a claim 26 grounded in negligence, informed consent, breach of contract, 27 misrepresentation or fraud. 28 § 832. Original jurisdiction. 29 The Medical Professional Liability Court shall have original 30 jurisdiction of all civil actions or proceedings against a 20020S1534B2310 - 15 -
1 health care provider for all medical professional liability 2 claims. 3 § 833. Exclusive jurisdiction. 4 Except as provided in section 721 (relating to original 5 jurisdiction), the jurisdiction of the Medical Professional 6 Liability Court under section 832 (relating to original 7 jurisdiction) shall be exclusive. 8 SUBCHAPTER D 9 TRANSITIONAL PROVISIONS 10 Sec. 11 841. Organization of court. 12 842. Existing cases unaffected. 13 843. Rules. 14 844. Procurement of juries. 15 845. Filing fees. 16 846. Expiration review. 17 § 841. Organization of court. 18 (a) General rule.--The Medical Professional Liability Court 19 shall meet and organize in the City of Harrisburg. The court 20 shall procure the necessary supplies, equipment and personnel to 21 commence operation and promulgate any necessary rules of court 22 or operating procedures. When the court is organized and ready 23 for the transaction of business, the president judge of the 24 court shall so certify to the Governor, who shall issue a 25 proclamation stating that the court is organized and ready for 26 the transaction of its judicial business. 27 (b) Initial term of office.--The Governor shall proceed to 28 appoint persons to serve as judges of the court for purposes of 29 organizing its affairs. In order to permit the efficient 30 organization of the court, the date of appointment by the 20020S1534B2310 - 16 -
1 Governor shall be deemed to be the date on which the vacancies 2 in the offices of the initial judges of the court filled by the 3 Governor under this subsection occurred, so that the first 4 election of judges of the court shall not be held until the 5 first municipal election following the initial appointment by 6 the Governor. 7 § 842. Existing cases unaffected. 8 A change in jurisdiction effected by amendments to this title 9 or to any other act shall not affect the jurisdiction of any 10 court over any pending matter, but, in the interest of justice, 11 an existing matter may be transferred to the Medical 12 Professional Liability Court. 13 § 843. Rules. 14 (a) Medical Professional Liability Court.--Prior to the 15 commencement of operations, specific rules shall be adopted that 16 will be applicable to original matters heard in the Medical 17 Professional Liability Court. 18 (b) Appellate division.--Until otherwise provided by Medical 19 Professional Liability Court rule, the Pennsylvania Rules of 20 Appellate Procedure shall be applicable to matters in the 21 appellate division of the Medical Professional Liability Court, 22 and rules of court promulgated by the Medical Professional 23 Liability Court applicable in the appellate division shall be 24 classified under Rule 104 of the Pennsylvania Rules of Appellate 25 Procedure. 26 § 844. Procurement of juries. 27 Until otherwise provided by Medical Professional Liability 28 Court rule, the procedures for the selection, compensation and 29 maintenance of juries for service in the Commonwealth Court 30 shall be applicable to the selection, compensation and 20020S1534B2310 - 17 -
1 maintenance of juries in the Medical Professional Liability 2 Court. 3 § 845. Filing fees. 4 Until otherwise provided by Medical Professional Liability 5 Court rule, the fee bill applicable in the Commonwealth Court 6 shall be applicable in the Medical Professional Liability Court. 7 § 846. Expiration review. 8 (a) Reports to General Assembly.--The following reports 9 shall be submitted within 120 days after the expiration of ten 10 years after entry by the Medical Professional Liability Court of 11 its first final order in any action, proceeding or appeal: 12 (1) The Medical Professional Liability Court shall 13 submit to the General Assembly any recommendations for 14 legislation relating to size, structure or operations of the 15 court. 16 (2) The Attorney General shall submit a report to the 17 General Assembly reviewing and commenting upon the operations 18 of the Medical Professional Liability Court and making any 19 recommendations for legislation relating to size, structure 20 or operations of the court. 21 (b) Request for comments.--Appropriate committees of the 22 General Assembly shall request comments from the organized bar 23 and the general public concerning the size, structure and 24 operations of the Medical Professional Liability Court. 25 Section 8. Chapter 21 of Title 42 is amended by adding a 26 subchapter to read: 27 SUBCHAPTER G 28 MEDICAL PROFESSIONAL LIABILITY COURT 29 QUALIFICATIONS COMMISSION 30 Sec. 20020S1534B2310 - 18 -
1 2161. Medical Professional Liability Court Qualifications 2 Commission. 3 2162. Composition of Medical Professional Liability Court 4 Qualifications Commission. 5 2163. Organization. 6 2164. Powers and duties. 7 § 2161. Medical Professional Liability Court Qualifications 8 Commission. 9 (a) General rule.--The Medical Professional Liability Court 10 Qualifications Commission shall consist of 12 residents of this 11 Commonwealth selected as provided in this subchapter. 12 (b) Seal.--The Medical Professional Liability Court 13 Qualifications Commission shall have a seal engraved with its 14 name and such other inscriptions as may be specified by Medical 15 Professional Liability Court rule. A facsimile or preprinted 16 seal may be used for all purposes in lieu of the original seal. 17 (c) Status.--The Medical Professional Liability Court 18 Qualifications Commission shall not be deemed to be an agency 19 for purposes of 65 Pa.C.S. Ch. 7 (relating to open meetings). 20 § 2162. Composition of Medical Professional Liability Court 21 Qualifications Commission. 22 (a) General rule.--The Medical Professional Liability Court 23 Qualifications Commission shall consist of: 24 (1) Three commissioners appointed by the President pro 25 tempore of the Senate. 26 (2) Three commissioners appointed by the Minority Leader 27 of the Senate. 28 (3) Three commissioners appointed by the Speaker of the 29 House of Representatives. 30 (4) Three commissioners appointed by the Minority Leader 20020S1534B2310 - 19 -
1 of the House of Representatives. 2 (b) Qualifications.--Two of the commissioners appointed 3 under each paragraph of subsection (a) shall be members of the 4 bar of the courts of this Commonwealth. The third commissioner 5 appointed in each case shall be a nonlawyer elector. 6 (c) Terms of office.--Except as provided in subsection (e), 7 each commissioner shall be appointed for a four-year term. A 8 commissioner shall not be appointed for more than two successive 9 full terms. An appointment to fill an unexpired term which has 10 fewer than two years remaining shall not be deemed a full term. 11 A vacancy on the commission shall be filled for the balance of 12 the term by appointment made by the person who at the time is 13 the ranking member in the same chamber of the General Assembly 14 and of the same political party as the person who appointed the 15 vacating member of the commission. 16 (d) Restriction on public or political activities.--During a 17 commissioner's term of service, a commissioner shall not hold: 18 (1) A compensated public office or public appointment. 19 (2) Office in any political party or political 20 organization. 21 (e) Transitional provisions.-- 22 (1) The initial Medical Professional Liability Court 23 Qualifications Commission provided for in this section shall 24 come into existence upon the effective date of this chapter. 25 (2) The initial members of the Medical Professional 26 Liability Court Qualifications Commission shall serve as 27 follows: 28 (i) the commissioners appointed by the President pro 29 tempore of the Senate, one each for two, three and four 30 years; 20020S1534B2310 - 20 -
1 (ii) the commissioners appointed by the Minority 2 Leader of the Senate, one each for two, three and four 3 years; 4 (iii) the commissioners appointed by the Speaker of 5 the House of Representatives, one each for one, two and 6 three years; and 7 (iv) the commissioners appointed by the Minority 8 Leader of the House of Representatives, one each for one, 9 two and three years. 10 § 2163. Organization. 11 The Medical Professional Liability Court Qualifications 12 Commission shall elect a presiding officer from among its 13 members and shall establish its own rules of procedure. The 14 Medical Professional Liability Court shall furnish such staff 15 support as may be necessary for the conduct of the business of 16 the commission. The cost and expense of the commission shall be 17 paid out of the Medical Professional Liability Court Fund 18 established under section 3591 (relating to Medical Professional 19 Liability Court Fund). 20 § 2164. Powers and duties. 21 (a) General rule.--The Medical Professional Liability Court 22 Qualifications Commission shall evaluate the qualifications of 23 all of the following: 24 (1) Applicants seeking election as a judge of the 25 Medical Professional Liability Court who request evaluation 26 of their qualifications pursuant to section 3161(c) (relating 27 to election of judges of the Medical Professional Liability 28 Court). 29 (2) Applicants seeking appointment by the Governor to a 30 vacancy on the Medical Professional Liability Court pursuant 20020S1534B2310 - 21 -
1 to section 3162 (relating to vacancies in office of judge of 2 the Medical Professional Liability Court). 3 (3) Judges of the Medical Professional Liability Court 4 who seek retention in office pursuant to section 3163 5 (relating to retention of judges of the Medical Professional 6 Liability Court). 7 (b) Rules and regulations.--The commission may adopt such 8 rules and regulations as it deems necessary to discharge its 9 duties. 10 (c) Immunity.--A member of the commission shall not be held 11 to have violated any criminal law or to be civilly liable under 12 any law by reason of the performance by the member of any duty, 13 function or activity authorized or required of the commission if 14 the member has exercised due care in such performance. This 15 subsection shall not apply with respect to any action taken by 16 any individual if the individual, in taking the action, was 17 motivated by malice toward any person affected by the action. 18 Section 9. Sections 3131, 3132 and 3153 of Title 42 are 19 amended by adding subsections to read: 20 § 3131. Selection of judicial officers for regular terms. 21 * * * 22 (f) Medical Professional Liability Court.--The judges of the 23 Medical Professional Liability Court shall be elected in the 24 manner provided in section 3161 (relating to election of judges 25 of the Medical Professional Liability Court). 26 § 3132. Vacancies in office. 27 * * * 28 (e) Medical Professional Liability Court.--Subsections (a) 29 through (d) shall not apply to a vacancy in the office of a 30 judge of the Medical Professional Liability Court. The 20020S1534B2310 - 22 -
1 provisions of section 3162 (relating to vacancies in office of 2 judge of the Medical Professional Liability Court) shall apply. 3 § 3153. Retention elections after regular term. 4 * * * 5 (d) Medical Professional Liability Court.--Except as 6 provided in section 3163 (relating to retention of judges of the 7 Medical Professional Liability Court), subsections (a) through 8 (c) shall apply to the judges of the Medical Professional 9 Liability Court. 10 Section 10. Chapter 31 of Title 42 is amended by adding a 11 subchapter to read: 12 SUBCHAPTER E 13 SELECTION AND RETENTION OF JUDGES 14 OF THE MEDICAL PROFESSIONAL LIABILITY COURT 15 Sec. 16 3161. Election of judges of the Medical Professional 17 Liability Court. 18 3162. Vacancies in office of judge of the Medical 19 Professional Liability Court. 20 3163. Retention of judges of the Medical Professional 21 Liability Court. 22 § 3161. Election of judges of the Medical Professional 23 Liability Court. 24 (a) General rule.--Judges of the Medical Professional 25 Liability Court shall be elected for a regular term of office at 26 the municipal election next preceding the commencement of their 27 respective regular terms of office by the electors of this 28 Commonwealth. 29 (b) Special procedures.--The judges of the Medical 30 Professional Liability Court shall be elected as provided in the 20020S1534B2310 - 23 -
1 act of June 3, 1937 (P.L.1333, No.320), known as the 2 Pennsylvania Election Code, except that: 3 (1) The following dates prescribed by the Pennsylvania 4 Election Code shall not apply: 5 (i) The date by which the Secretary of the 6 Commonwealth is to notify the county boards of election 7 of the offices for which candidates are to be nominated 8 at the ensuing primary. 9 (ii) The date by which the county boards of election 10 are to publish notice of public offices for which 11 nominations are to be made. 12 (2) The date before and after which nomination petitions 13 and nomination papers may be circulated shall be 60 days 14 prior to the dates that would otherwise apply in the absence 15 of this section. 16 (3) Candidates for nomination who desire to have their 17 qualifications evaluated by the Medical Professional 18 Liability Court Qualifications Commission shall proceed as 19 provided in subsection (c). Candidates who do not desire to 20 have their qualifications evaluated by the commission shall 21 not be subject to subsection (c) and shall proceed instead in 22 the manner provided in the Pennsylvania Election Code. 23 (4) Candidates for nomination shall present a nominating 24 petition containing valid signatures of at least 1,000 25 registered and enrolled members of the proper party, 26 including at least 100 members from each of at least five 27 counties. 28 (5) Each person filing a nomination petition or 29 nomination papers for a candidate shall pay a filing fee, at 30 the time of filing either with the commission or the 20020S1534B2310 - 24 -
1 Department of State, as the case may be, of $200. A 2 nomination petition or nomination papers shall not be 3 accepted or filed unless and until the filing fee is paid in 4 cash or by certified or cashier's check or money order made 5 payable to the Commonwealth of Pennsylvania. All moneys paid 6 on account of filing fees for candidates for nomination for 7 the office of judge of the Medical Professional Liability 8 Court shall be transmitted to the State Treasurer and shall 9 become part of the Medical Professional Liability Court Fund. 10 (6) (Reserved). 11 (7) On all official ballots except absentee ballots, the 12 names of all candidates from the same political party for 13 nomination or election shall be rotated from one precinct to 14 another. On absentee ballots the names of those candidates 15 shall be so alternated that each name shall appear, insofar 16 as reasonably possible, substantially an equal number of 17 times at the beginning, at the end and at each intermediate 18 place, if any, of the group of candidates from the same 19 political party. 20 (c) Evaluation of qualifications.--Candidates who desire to 21 have their qualifications evaluated by the commission shall 22 proceed in the following fashion: 23 (1) Nomination petitions and nomination papers shall be 24 filed with the commission instead of the Department of State 25 and must be filed with the commission no later than 60 days 26 prior to the date for filing nomination petitions and 27 nomination papers generally. 28 (2) The affidavit of candidates submitted to the 29 commission shall be in the form prescribed by the 30 Pennsylvania Election Code, with such additional information 20020S1534B2310 - 25 -
1 as may be required by the rules and regulations of the 2 commission. 3 (3) The commission shall evaluate the qualifications of 4 each candidate in accordance with such criteria and measures 5 of qualification as the commission promulgates in regulations 6 and shall assign each candidate a rating of one of the 7 following: 8 (i) Extremely well qualified. 9 (ii) Well qualified. 10 (iii) Qualified. 11 (iv) Unqualified. 12 (4) The commission shall publish in the Pennsylvania 13 Bulletin a report containing the rating assigned to each 14 candidate by the commission. The report of the commission 15 shall be published not later than the date the nomination 16 petition or nomination papers of the candidate would have 17 been due to be filed absent the provisions of this 18 subsection. The report shall include the nomination petition 19 or nomination papers and the affidavit of the candidate. 20 (5) A determination by the commission to report a 21 candidate as unqualified may be challenged in the same manner 22 as a contested nomination of the second class under Article 23 XVII(b) of the Pennsylvania Election Code, except that the 24 petition commencing the proceeding shall be filed by the 25 candidate himself within 20 days after the last day for 26 filing reports of the commission with the Department of 27 State. A determination by the commission to report a 28 candidate as extremely well qualified, well qualified or 29 qualified shall not be subject to challenge. 30 § 3162. Vacancies in office of judge of the Medical 20020S1534B2310 - 26 -
1 Professional Liability Court. 2 (a) General rule.--A vacancy in the office of judge of the 3 Medical Professional Liability Court shall be filled by 4 appointment by the Governor in the manner provided in this 5 section. 6 (b) Advertisement of vacancy.--Whenever a vacancy occurs in 7 the office of judge of the Medical Professional Liability Court, 8 the Medical Professional Liability Court Qualifications 9 Commission shall publicly advertise the vacancy and solicit 10 applications. When it is known that a vacancy will occur in the 11 future on a date certain, the process set forth in this section 12 may begin 90 days prior to that date. 13 (c) Preparation of list.--From the applications received, 14 the commission shall prepare and submit to the Governor a list 15 of not more than seven persons who are qualified to hold the 16 office of judge of the Medical Professional Liability Court. 17 When more than one vacancy exists, the maximum number of persons 18 who may be included on the list submitted to the Governor shall 19 be increased by two persons for each additional vacancy. The 20 list shall be submitted to the Governor no later than 60 days 21 after the vacancy occurs. Immediately following submission of 22 the list to the Governor, the list shall be filed with the 23 Senate and made public by the commission. The commission shall 24 maintain the confidentiality of the information on the list but 25 disclose the names of applicants whose names do not appear on 26 the list and applicants who have not requested that their names 27 remain confidential. 28 (d) Vote required for commission endorsement.--The list 29 submitted to the Governor shall contain the names of those 30 persons who receive affirmative votes from eight or more 20020S1534B2310 - 27 -
1 commissioners, except that the number of persons shall not 2 exceed the limitations imposed by subsection (c). 3 (e) Nomination to Senate.--The Governor shall nominate from 4 the list one person for each vacancy with respect to which a 5 list of recommended applicants has been submitted. If the 6 Governor does not nominate, within 30 days of receipt of the 7 list, as many of the persons recommended as there are vacancies 8 to be filled, the first person or persons named on the list in 9 the order determined by the commission who have not been 10 nominated by the Governor, up to the number of vacancies the 11 Governor has failed to make nominations for, shall be deemed 12 nominated. 13 (f) Action by Senate.--Senate action on a nomination to fill 14 a vacancy in the office of judge of the Medical Professional 15 Liability Court shall be in accordance with section 8 of Article 16 IV of the Constitution of Pennsylvania. 17 (g) Substitute nominations.--The Governor may make a 18 substitute nomination from the list within 30 days after 19 receiving notification from the Senate of the rejection of a 20 prior nominee; otherwise, the ranking person on the list who has 21 not been rejected by the Senate shall be deemed nominated as a 22 substitute. 23 (h) Rejection of all candidates.--If all of the persons on a 24 list have been nominated and rejected by the Senate, the Senate 25 shall so notify the commission. The commission shall meet within 26 ten days of receipt of notification by the Senate and publicly 27 select by lot one person from the list. The person selected 28 shall thereupon be deemed appointed and confirmed to the vacant 29 position and shall be so commissioned by the Governor. 30 § 3163. Retention of judges of the Medical Professional 20020S1534B2310 - 28 -
1 Liability Court. 2 At the expiration of the term of office of a judge of the 3 Medical Professional Liability Court, the judge shall be subject 4 to retention in office and retirement as provided in this part 5 except that whenever a judge of the Medical Professional 6 Liability Court files a declaration of candidacy for retention 7 election, the Medical Professional Liability Court 8 Qualifications Commission shall review the judge's judicial 9 performance and shall, on or before the first Monday of April of 10 the year of the retention election, report to the Department of 11 State whether or not in the opinion of the commission the judge 12 is qualified to be retained in office. 13 Section 11. Title 42 is amended by adding a section to read: 14 § 3582. Salaries of judges of Medical Professional Liability 15 Court. 16 (a) Salaries.--The annual salary of the President Judge of 17 the Medical Professional Liability Court shall be $104,500. The 18 annual salary of each of the other judges of the Medical 19 Professional Liability Court shall be $104,000. 20 (b) Annual cost-of-living adjustment.--Beginning January 1, 21 2002, and each January 1 thereafter, the annual salaries under 22 this section shall be increased by the percentage change in the 23 Consumer Price Index for All Urban Consumers (CPI-U) for the 24 Pennsylvania, New Jersey, Delaware and Maryland area for the 25 most recent 12-month period for which figures have been 26 officially reported by the Department of Labor, Bureau of Labor 27 Statistics, immediately prior to the date the adjustment is due 28 to take effect. The percentage increase and salary amounts shall 29 be determined prior to the annual effective date of the 30 adjustment by the Supreme Court and shall be published in the 20020S1534B2310 - 29 -
1 Pennsylvania Bulletin by the Court Administrator of Pennsylvania 2 within 20 days of the date the determination is made. 3 Section 12. Chapter 35 of Title 42 is amended by adding a 4 subchapter to read: 5 SUBCHAPTER G 6 MEDICAL PROFESSIONAL LIABILITY COURT FUND 7 Sec. 8 3591. Medical Professional Liability Court Fund. 9 3592. Receipts and other credits. 10 3593. Payments and other debits. 11 § 3591. Medical Professional Liability Court Fund. 12 There shall be established in the State Treasury a special 13 operating fund to be known as the Medical Professional Liability 14 Court Fund. Debits and credits shall be made to that fund under 15 this subchapter. The operating and capital expenses of the 16 Medical Professional Liability Court shall be paid solely from 17 the Medical Professional Liability Court Fund. 18 § 3592. Receipts and other credits. 19 (a) General rule.--There shall be paid or credited to the 20 Medical Professional Liability Court Fund: 21 (1) Amounts appropriated to the Medical Professional 22 Liability Court in the manner provided by law. 23 (2) The following surcharges, which are hereby imposed: 24 (i) A surcharge upon the health care facility 25 licensure application and renewal fees of the Department 26 of Health under section 807(b) of the act of July 19, 27 1979 (P.L.130, No.48), known as the Health Care 28 Facilities Act, in the amount of 10% of each such fee. 29 (ii) A surcharge upon the civil penalties collected 30 by the Department of Health under section 817(b) of the 20020S1534B2310 - 30 -
1 Health Care Facilities Act, in the amount of 25% of each 2 such fee. 3 (iii) A surcharge upon the licensing, examination, 4 registration, certificates and other fees of all health 5 care-related professionals of the Bureau of Professional 6 and Occupational Affairs of the Department of State, in 7 the amount of 10% of each such fee. 8 (3) Amounts received by the Commonwealth on account of 9 the operation of the Medical Professional Liability Court. 10 Fees and charges of the Medical Professional Liability Court 11 shall be fixed by the governing authority of the Medical 12 Professional Liability Court with a view initially to the 13 operation of the Medical Professional Liability Court on a 14 self-sustaining basis to the extent feasible and eventually 15 to the elimination of the surcharges set forth in paragraph 16 (2)(ii) and (iii) and the reduction of the surcharge set 17 forth in paragraph (2)(i). 18 (b) Money paid into court.--Money paid into court shall not 19 be credited to the Medical Professional Liability Court Fund 20 except to the extent that the amounts constitute an allowance 21 due a public officer upon the amount levied under an execution. 22 § 3593. Payments and other debits. 23 There shall be disbursed from or debited to the Medical 24 Professional Liability Court Fund amounts payable by the 25 Commonwealth on account of the operation of the Medical 26 Professional Liability Court. 27 Section 13. Sections 5105(b) and 5571(a) of Title 42 are 28 amended to read: 29 § 5105. Right to appellate review. 30 * * * 20020S1534B2310 - 31 -
1 (b) Successive appeals.-- 2 (1) Except as otherwise provided in this subsection, the 3 rights conferred by subsection (a) are cumulative, so that a 4 litigant may as a matter of right cause a final order of any 5 tribunal in any matter which itself constitutes an appeal to 6 such tribunal, to be further reviewed by the court having 7 jurisdiction of appeals from such tribunal. Except as 8 provided in section 723 (relating to appeals from the 9 Commonwealth Court) there shall be no right of appeal from 10 the Superior Court or the Commonwealth Court to the Supreme 11 Court under this section or otherwise. 12 (2) There shall be a right of appeal in all cases from 13 the Medical Professional Liability Court to its appellate 14 division, which shall constitute a separate court for the 15 purposes of section 9 of Article V of the Constitution of 16 Pennsylvania, but, except as provided in section 724(b) 17 (relating to allowance of appeals from intermediate appellate 18 courts), there shall be no right of appeal from the Medical 19 Professional Liability Court or the appellate division of the 20 Medical Professional Liability Court to the Supreme Court 21 under this section or otherwise. 22 * * * 23 § 5571. Appeals generally. 24 (a) General rule.--The time for filing an appeal, a petition 25 for allowance of appeal, a petition for permission to appeal or 26 a petition for review of a quasi-judicial order, in the Supreme 27 Court, the Superior Court [or], the Commonwealth Court or the 28 Medical Professional Liability Court shall be governed by 29 general rules. No other provision of this subchapter shall be 30 applicable to matters subject to this subsection. 20020S1534B2310 - 32 -
1 * * * 2 Section 14. This act shall take effect in 30 days. I27L42MSP/20020S1534B2310 - 33 -