PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 4102 PRINTER'S NO. 4250
No. 2722 Session of 2004
INTRODUCED BY PAYNE, CLYMER, ADOLPH, BALDWIN, BARRAR, BIRMELIN,
BOYD, S. E. CORNELL, CRAHALLA, DALLY, DENLINGER, FAIRCHILD,
FICHTER, FLICK, GILLESPIE, HARRIS, HERSHEY, HICKERNELL,
HUTCHINSON, KILLION, LEH, LEWIS, MAHER, McGILL, McILHATTAN,
METCALFE, MUSTIO, O'NEILL, PETRI, REED, REICHLEY, ROSS,
SATHER, SAYLOR, SCAVELLO, SCHRODER, T. STEVENSON,
E. Z. TAYLOR, TRUE, TURZAI, WATSON, WEBER, WRIGHT, RUBLEY,
EGOLF, GODSHALL, NICKOL, CREIGHTON, GINGRICH, GABIG, BASTIAN,
MACKERETH, STEIL, CORRIGAN, BENNINGHOFF, HESS, ARMSTRONG,
BARD, COLEMAN AND McILHINNEY, JUNE 16, 2004
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 30, 2004
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, providing for medical professional liability <--
3 actions. FURTHER PROVIDING FOR COMPENSATION LAWS ALLOWED TO <--
4 GENERAL ASSEMBLY RELATING TO MEDICAL PROFESSIONAL LIABILITY
5 ACTIONS.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby resolves as follows:
8 Section 1. The following amendment to the Constitution of <--
9 Pennsylvania is proposed in accordance with Article XI:
10 That section 18 of Article III be amended to read:
11 § 18. Compensation laws allowed to General Assembly.
12 (a) The General Assembly may enact laws requiring the
13 payment by employers, or employers and employees jointly, of
14 reasonable compensation for injuries to employees arising in the
1 course of their employment, and for occupational diseases of
2 employees, whether or not such injuries or diseases result in
3 death, and regardless of fault of employer or employee, and
4 fixing the basis of ascertainment of such compensation and the
5 maximum and minimum limits thereof, and providing special or
6 general remedies for the collection thereof[; but in].
7 (b) In a medical professional liability action involving a
8 medical professional liability claim brought against a licensed
9 health care professional or a health care facility, the General
10 Assembly may, by statute, limit the recovery of noneconomic
11 damages for injuries resulting in death, or for injuries to
12 persons.
13 (c) In no other cases shall the General Assembly limit the
14 amount to be recovered for injuries resulting in death, or for
15 injuries to persons or property, and in case of death from such
16 injuries, the right of action shall survive, and the General
17 Assembly shall prescribe for whose benefit such actions shall be
18 prosecuted.
19 (d) No act shall prescribe any limitations of time within
20 which suits may be brought against corporations for injuries to
21 persons or property, or for other causes different from those
22 fixed by general laws regulating actions against natural
23 persons, and such acts now existing are avoided.
24 Section 2. (a) Upon the first passage by the General
25 Assembly of this proposed constitutional amendment, the
26 Secretary of the Commonwealth shall proceed immediately to
27 comply with the advertising requirements of section 1 of Article
28 XI of the Constitution of Pennsylvania and shall transmit the
29 required advertisements to two newspapers in every county in
30 which such newspapers are published in sufficient time after
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1 passage of this proposed constitutional amendment.
2 (b) Upon the second passage by the General Assembly of this
3 proposed constitutional amendment, the Secretary of the
4 Commonwealth shall proceed immediately to comply with the
5 advertising requirements of section 1 of Article XI of the
6 Constitution of Pennsylvania and shall transmit the required
7 advertisements to two newspapers in every county in which such
8 newspapers are published in sufficient time after passage of
9 this proposed constitutional amendment. The Secretary of the
10 Commonwealth shall submit this proposed constitutional amendment
11 to the qualified electors of this Commonwealth at the first
12 primary, general or municipal election which meets the
13 requirements of and is in conformance with section 1 of Article
14 XI of the Constitution of Pennsylvania and which occurs at least
15 three months after the proposed constitutional amendment is
16 passed by the General Assembly.
17 SECTION 1. THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF <--
18 PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI:
19 THAT SECTION 18 OF ARTICLE III BE AMENDED TO READ:
20 § 18. COMPENSATION LAWS ALLOWED TO GENERAL ASSEMBLY.
21 (A) THE GENERAL ASSEMBLY MAY ENACT LAWS REQUIRING THE
22 PAYMENT BY EMPLOYERS, OR EMPLOYERS AND EMPLOYEES JOINTLY, OF
23 REASONABLE COMPENSATION FOR INJURIES TO EMPLOYEES ARISING IN THE
24 COURSE OF THEIR EMPLOYMENT, AND FOR OCCUPATIONAL DISEASES OF
25 EMPLOYEES, WHETHER OR NOT SUCH INJURIES OR DISEASES RESULT IN
26 DEATH, AND REGARDLESS OF FAULT OF EMPLOYER OR EMPLOYEE, AND
27 FIXING THE BASIS OF ASCERTAINMENT OF SUCH COMPENSATION AND THE
28 MAXIMUM AND MINIMUM LIMITS THEREOF, AND PROVIDING SPECIAL OR
29 GENERAL REMEDIES FOR THE COLLECTION THEREOF[; BUT IN].
30 (B) IN A MEDICAL PROFESSIONAL LIABILITY ACTION INVOLVING A
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1 MEDICAL PROFESSIONAL LIABILITY CLAIM BROUGHT AGAINST A LICENSED
2 HEALTH CARE PROFESSIONAL, OR A HEALTH CARE FACILITY, THE GENERAL
3 ASSEMBLY MAY, BY STATUTE, LIMIT THE RECOVERY OF NONECONOMIC
4 DAMAGES FOR INJURIES RESULTING IN DEATH, OR FOR INJURIES TO
5 PERSONS.
6 (C) IN NO OTHER CASES SHALL THE GENERAL ASSEMBLY LIMIT THE
7 AMOUNT TO BE RECOVERED FOR INJURIES RESULTING IN DEATH, OR FOR
8 INJURIES TO PERSONS OR PROPERTY, AND IN CASE OF DEATH FROM SUCH
9 INJURIES, THE RIGHT OF ACTION SHALL SURVIVE, AND THE GENERAL
10 ASSEMBLY SHALL PRESCRIBE FOR WHOSE BENEFIT SUCH ACTIONS SHALL BE
11 PROSECUTED.
12 (D) NO ACT SHALL PRESCRIBE ANY LIMITATIONS OF TIME WITHIN
13 WHICH SUITS MAY BE BROUGHT AGAINST CORPORATIONS FOR INJURIES TO
14 PERSONS OR PROPERTY, OR FOR OTHER CAUSES DIFFERENT FROM THOSE
15 FIXED BY GENERAL LAWS REGULATING ACTIONS AGAINST NATURAL
16 PERSONS, AND SUCH ACTS NOW EXISTING ARE AVOIDED.
17 SECTION 2. (A) UPON THE FIRST PASSAGE BY THE GENERAL
18 ASSEMBLY OF THIS PROPOSED CONSTITUTIONAL AMENDMENT, THE
19 SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO
20 COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE
21 XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE
22 REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN
23 WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER
24 PASSAGE OF THIS PROPOSED CONSTITUTIONAL AMENDMENT.
25 (B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THIS
26 PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE
27 COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE
28 ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE
29 CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED
30 ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH
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1 NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF
2 THIS PROPOSED CONSTITUTIONAL AMENDMENT. THE SECRETARY OF THE
3 COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT
4 TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE FIRST
5 PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
6 REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF ARTICLE
7 XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH OCCURS AT LEAST
8 THREE MONTHS AFTER THE PROPOSED CONSTITUTIONAL AMENDMENT IS
9 PASSED BY THE GENERAL ASSEMBLY.
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