PRINTER'S NO. 3061
No. 2307 Session of 2000
INTRODUCED BY DeLUCA, BEBKO-JONES, BELFANTI, M. COHEN, DeWEESE, GEORGE, GIGLIOTTI, GRUCELA, LAUGHLIN, MARKOSEK, MELIO, PISTELLA, ROONEY, SOLOBAY, TANGRETTI, THOMAS, TRELLO AND WASHINGTON, FEBRUARY 28, 2000
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 28, 2000
AN ACT 1 Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An 2 act relating to health care; prescribing the powers and 3 duties of the Department of Health; establishing and 4 providing the powers and duties of the State Health 5 Coordinating Council, health systems agencies and Health Care 6 Policy Board in the Department of Health, and State Health 7 Facility Hearing Board in the Department of Justice; 8 providing for certification of need of health care providers 9 and prescribing penalties," reducing the time permitted for 10 hospitals to report official actions taken against a 11 physician; and broadening the reporting procedures of 12 hospitals and health care agencies. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 806.1 of the act of July 19, 1979 16 (P.L.130, No.48), known as the Health Care Facilities Act, added 17 July 10, 1985 (P.L.191, No.48), is amended to read: 18 Section 806.1. Reporting incidents of professional misconduct. 19 (a) Reports required.--Health care facilities and hospitals, 20 licensed under this act, shall make a report or cause a report 21 to be made to the State Board of [Medical Education and
1 Licensure] Medicine or the State Board of Osteopathic 2 [Examiners] Medicine, whichever is applicable, within [60] 30 3 days of the occurrence of any of the following: 4 (1) The termination or curtailment of the employment, 5 association or professional privileges of a physician, 6 licensed under the provisions of the [act of July 20, 1974 7 (P.L.551, No.190), known as the "Medical Practice Act of 8 1974," or the] act of October 5, 1978 (P.L.1109, No.261), 9 known as the "Osteopathic Medical Practice Act," or the act 10 of December 20, 1985 (P.L.457, No.112), known as the "Medical 11 Practice Act of 1985," whichever the case may be, with a 12 health care facility or hospital where there exists 13 reasonable cause to believe malpractice or misconduct has 14 occurred. 15 (2) The resignation or withdrawal of association or of 16 privileges with a facility or hospital to avoid the 17 imposition of disciplinary measures. 18 (3) The receipt of written information which establishes 19 that any physician who has a right to practice or who has 20 applied to practice at the health care facility or hospital 21 has been convicted of a felony[.] or drug and alcohol related 22 offense. 23 (4) Any officially documented reprimand which a hospital 24 or other health care facility administers to a physician, 25 under a due process peer review system. Such official 26 reprimands shall include, but not be limited to, any action 27 which results in a loss of a physician's professional or 28 occupational privileges at the hospital or other health care 29 facility and may include, but not be limited to, dismissals, 30 forced resignations, suspensions and probationary terms. 20000H2307B3061 - 2 -
1 (5) The receipt of any written information that a 2 physician has had privileges restricted or has been 3 dismissed, forced to resign or has been suspended from any 4 professional association or organization. 5 (b) Contents.--Reports made pursuant to this section shall 6 be made in writing to the State Board of [Medical Education and 7 Licensure] Medicine or the State Board of Osteopathic 8 [Examiners] Medicine, whichever is appropriate, with respect to 9 any physician as licensed under acts referred to in subsection 10 (a). Written reports shall include the following information: 11 name, address, profession and license number of the person 12 involved, a description of the action taken by the facility or 13 hospital, including the reason therefor and date thereof, or the 14 nature of the action or conduct which led to the resignation or 15 withdrawal and the date thereof, any conviction of a felony of 16 which the facility or hospital has received the written 17 information required by subsection (a)(3) and such other 18 information as the Department of State may require. 19 (c) Confidentiality.-- 20 (1) Any report or information furnished to the boards in 21 question, in accordance with the provisions of this section, 22 shall be deemed a confidential communication and shall not be 23 subject to inspection or disclosure, in any manner, except 24 upon formal written request by a duly authorized public 25 agency or pursuant to a judicial subpoena issued in a pending 26 action or proceeding. 27 (2) Any person, facility or corporation which makes a 28 report pursuant to this section in good faith and without 29 malice shall have immunity from any liability, civil or 30 criminal, for having made such a report. For the purpose of 20000H2307B3061 - 3 -
1 any proceeding, civil or criminal, the good faith of any 2 person required to make a report shall be presumed. 3 (d) Penalties, recordkeeping; notice.--Any hospital or other 4 health care facility which fails to report the information 5 required by this section shall be fined an amount not to exceed 6 $10,000. The State Board of Medicine and the State Board of 7 Osteopathic Medicine shall compile all reports received from 8 hospitals or other health care facilities and keep such records 9 on file for future reference. The State Board of Medicine and 10 the State Board of Osteopathic Medicine shall make public all 11 final actions against a physician and the result of such 12 actions, including dismissals, forced resignations, suspensions 13 and all other official reprimands taken against the privileges 14 of the physician which are in effect for more than ten days. 15 Notice of enforcement undertaken pursuant to the provisions of 16 this act shall be forwarded to the Health Care Cost Containment 17 Council. All hospitals and health care facilities shall keep 18 records of all investigations and inquiries by peer review 19 committees concerning abuse by a physician or physicians. Such 20 records shall be kept regardless of the outcome of the 21 investigations or inquiries and made available upon request by 22 the State Board of Medicine and the State Board of Osteopathic 23 Medicine. 24 Section 2. This act shall take effect in 60 days. A5L35JLW/20000H2307B3061 - 4 -