PRINTER'S NO. 1273
No. 1021 Session of 2001
INTRODUCED BY HUGHES, KUKOVICH, HELFRICK, LOGAN, TARTAGLIONE, MUSTO, STACK AND SCHWARTZ, JUNE 27, 2001
REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 27, 2001
AN ACT 1 Providing for medical practice disclosure; imposing powers and 2 duties on the Department of State; establishing the Medical 3 Professional Records Check Fund; and providing for penalties. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Medical 8 Practice Disclosure Act. 9 Section 2. Legislative intent. 10 The General Assembly hereby recognizes the necessity of 11 allowing individuals to make informed and educated choices 12 regarding health care services and the essential need to provide 13 information to facilitate these important decisions. It further 14 recognizes that public disclosure of certain health care 15 information would lower the cost of health care through the use 16 of the most appropriate provider and improve the quality of 17 health care services by mandating the reporting of information 18 regarding health care providers. It is the intention of the
1 General Assembly to establish a procedure by which the general 2 public may obtain essential and basic information concerning 3 potential health care providers, while ensuring the accuracy and 4 disclosure of all relevant information that would enable 5 individuals to informatively select their health care provider. 6 Section 3. Definitions. 7 The following words and phrases when used in this act shall 8 have the meanings given to them in this section unless the 9 context clearly indicates otherwise: 10 "Department." The Department of State of the Commonwealth. 11 "Fund." The Medical Professional Records Check Fund 12 established under section 12. 13 "Physician." A medical doctor who has acquired one of the 14 following licenses to practice medicine and surgery issued by 15 the State Board of Medicine: 16 (1) License without restriction. 17 (2) Interim limited license. 18 (3) Graduate license. 19 (4) Institutional license. 20 (5) Temporary license. 21 (6) Extraterritorial license. 22 The term includes an individual licensed to practice osteopathic 23 medicine or surgery by the State Board of Osteopathic Medicine. 24 Section 4. Collection of information. 25 (a) Information.--The department shall collect for each 26 physician the following information, in a format developed by 27 the department that shall be available for dissemination to the 28 public pursuant to section 11: 29 (1) A description of any criminal convictions for 30 felonies and violent misdemeanors as determined by the 20010S1021B1273 - 2 -
1 department, within the most recent ten years. For the 2 purposes of this paragraph, a person shall be deemed to be 3 convicted of a crime if that person pleaded guilty or if that 4 person was found or adjudged guilty by a court of competent 5 jurisdiction. 6 (2) A description of any charges to which a physician 7 pleads nolo contendere or where sufficient facts of guilt 8 were found and the matter was continued without a finding by 9 a court of competent jurisdiction. 10 (3) A description of any final disciplinary actions 11 taken by the State Board of Medicine within the most recent 12 ten years. 13 (4) A description of any final disciplinary actions by 14 licensing boards in other states or reported in the National 15 Practitioner Data Bank within the most recent ten years. 16 (5) A description of revocation or involuntary 17 restriction of hospital privileges that have been taken by a 18 hospital's governing body or any other official of a hospital 19 after procedural due process has been afforded, or the 20 resignation from or nonrenewal of medical staff membership or 21 the restriction of privileges at a hospital taken in lieu of 22 or in settlement of a pending disciplinary case. 23 (6) Notwithstanding any law to the contrary, all medical 24 malpractice court judgments and all medical malpractice 25 arbitration awards in which a payment is awarded to a 26 complaining party during the most recent ten years and all 27 settlements of medical malpractice claims in which a payment 28 is made to a complaining party within the most recent ten 29 years. Information concerning all settlements shall be 30 accompanied by the following statements: 20010S1021B1273 - 3 -
1 Settlement of a claim may occur for a variety of reasons 2 which do not necessarily reflect negatively on the 3 professional competence or conduct of the physician. A 4 payment in settlement of a medical malpractice action or 5 claim should not be construed as creating a presumption 6 that medical malpractice has occurred. 7 (7) A paragraph describing the malpractice experience of 8 each medical specialty and an explanation that some high-risk 9 specialties experience more malpractice claims than less 10 risky specialties. This information shall be updated on an 11 annual basis to reflect the most recent malpractice claims 12 experience of each specialty. 13 (8) Names of medical schools and dates of graduation. 14 (9) Graduate medical education. 15 (10) Specialty board certification. 16 (11) Number of years in practice. 17 (12) Names of the hospitals where the physician has 18 privileges. 19 (13) Appointments to medical school faculties and 20 indication as to whether the physician has a responsibility 21 for graduate medical education within the most recent ten 22 years. 23 (14) Information regarding publications in peer-reviewed 24 medical literature within the most recent ten years. 25 (15) Information regarding professional or community 26 service activities and awards. 27 (16) The location of the physician's primary practice 28 location. 29 (17) The identification of any translating services that 30 may be available at the physician's primary practice 20010S1021B1273 - 4 -
1 location. 2 (18) An indication of whether the physician participates 3 in the Medicaid program. 4 (b) Copy of profiles.--The department shall provide each 5 physician with a copy of that physician's profile prior to the 6 release to the public. 7 (c) Correction of information.--A physician shall be 8 provided a reasonable time to correct factual inaccuracies or 9 omissions that may appear in the profile. 10 (d) Information presenting undue risk of harm.-- 11 (1) A physician may petition the Medical Licensure Board 12 for permission to temporarily omit certain information under 13 this section for a period not to exceed one year. 14 (2) If the physician demonstrates to the board that 15 disclosure of the information would represent an undue risk 16 of injury to the physician or the property of the physician, 17 the board may grant the request and the information shall be 18 withheld until such time as the situation is resolved, based 19 on the presentation of evidence to the board. 20 (e) Pending claims.--The department shall not disclose any 21 pending malpractice claims to the public, and nothing in this 22 section shall be construed to prohibit the department from 23 investigating and disciplining a physician on the basis of 24 pending medical malpractice claim information obtained under 25 this act. 26 Section 5. Report of criminal convictions and pleas of nolo 27 contendere. 28 (a) Duty of clerk of court.-- 29 (1) The clerk of any court in which a physician is 30 convicted of any crime or in which an unregistered 20010S1021B1273 - 5 -
1 practitioner is convicted of holding himself out as a 2 practitioner of medicine or of practicing medicine shall, 3 within one week thereafter, report the same to the State 4 Board of Medicine together with a copy of the court 5 proceedings in the case. 6 (2) For the purposes of this section, a person shall be 7 deemed to be convicted of a crime if he pleaded guilty or was 8 found or adjudged guilty by a court of competent 9 jurisdiction. 10 (3) Upon review, the State Board of Medicine shall 11 provide the information to the department for purposes 12 consistent with this act. 13 (b) Pleading of nolo contendere.--In the instance where a 14 physician pleads nolo contendere to charges or where sufficient 15 facts of guilt were found and the matter was continued without a 16 finding by a court of competent jurisdiction, the clerk shall, 17 within one week thereafter, report the same to the State Board 18 of Medicine together with a copy of the court proceedings in the 19 case. Upon review, the State Board of Medicine shall provide the 20 information to the department for purposes consistent with this 21 act. 22 Section 6. Reports by hospitals and health care facilities. 23 (a) Action report.--Each hospital or health care facility 24 licensed under the act of July 19, 1979 (P.L.130, No.48), known 25 as the Health Care Facilities Act, shall report to the 26 department if the hospital or facility denies, restricts, 27 revokes or fails to renew staff privileges or accepts the 28 resignation of a physician for any reason related to the 29 physician's competence to practice medicine or for any other 30 reason related to a complaint or allegation regarding any 20010S1021B1273 - 6 -
1 violation of law, regulation, rule or bylaw of the hospital or 2 facility regardless of whether the complaint or allegation 3 specifically states a violation of a specific law, regulation, 4 rule or bylaw. The report shall be filed within 30 days of the 5 occurrence of the reportable action and include details 6 regarding the nature and circumstances of the action, its date 7 and the reasons for it. 8 (b) Annual disciplinary report.--Each hospital or health 9 care facility licensed under the Health Care Facilities Act 10 shall file an annual disciplinary report with the department no 11 later than January 31 and shall send the report by certified or 12 registered mail. The report shall summarize the action reports 13 submitted for the previous calendar year and shall be signed 14 under oath. If the hospital or facility submitted no action 15 reports for the previous calendar year, then the report required 16 by this subsection shall state than no action reports were 17 required. 18 (c) Liability.--No hospital, health care facility or person 19 that reports information to the department under this section 20 shall be liable to the physician referenced in the report for 21 making the report, provided that the report is made in good 22 faith and without malice. 23 Section 7. Reports of disciplinary action by professional 24 medical organizations. 25 (a) Report of disciplinary action.--A professional medical 26 association, society, body, professional standards review 27 organization or similarly constituted professional organization, 28 whether or not such association, society, body or organization 29 is local, regional, State, national or international in scope, 30 shall report to State Board of Medicine the disciplinary action 20010S1021B1273 - 7 -
1 taken against any physician. Such report of disciplinary action 2 shall be filed with the board within 30 days of such 3 disciplinary action, shall be in writing and shall be mailed to 4 the board by certified or registered mail. Upon review, the 5 State Board of Medicine shall provide the information to the 6 department for purposes consistent with this act. 7 (b) Definition.--As used in this section, the term 8 "disciplinary action" includes, but is not limited to, 9 revocation, suspension, censure, reprimand, restriction, 10 nonrenewal, denial or restriction of privileges or resignation. 11 A denial or restriction of privileges or a resignation shall be 12 reported only when the resignation or the denial or restriction 13 of privileges is related in any way to: 14 (1) the physician's competence to practice medicine; or 15 (2) a complaint or allegation regarding any violation of 16 law or regulation, including, but not limited to, the 17 regulations of the department or the State Board of Medicine 18 or hospital, health care facility or professional medical 19 association bylaws, whether or not the complaint or 20 allegation specifically cites violation of a specified law, 21 regulation or bylaw. 22 Section 8. Reports by insurers of malpractice claims or 23 actions. 24 (a) Report required.--Every insurer or risk management 25 organization which provides professional liability insurance to 26 a physician shall report to the department any claim or action 27 for damages for personal injuries alleged to have been caused by 28 error, omission or negligence in the performance of the 29 physician's professional services where the claim resulted in: 30 (1) final judgment in any amount; 20010S1021B1273 - 8 -
1 (2) settlement in any amount; or 2 (3) final disposition not resulting in payment on behalf 3 of the insured. 4 (b) Report.--Reports shall be filed with the department no 5 later than 30 days following the occurrence of any event listed 6 under this section. 7 (c) Form.--The reports shall be in writing on a form 8 prescribed by the department and shall contain the following 9 information: 10 (1) The name, address, specialty coverage and policy 11 number of the physician against whom the claim is made. 12 (2) The name, address and age of the claimant or 13 plaintiff. 14 (3) The nature and substance of the claim. 15 (4) The date when and place where the claim arose. 16 (5) The amounts paid, if any, and the date, manner of 17 disposition, judgment and settlement. 18 (6) The date and reason for final disposition, if no 19 judgment or settlement. 20 (7) Such additional information as the department shall 21 require. No insurer or its agents or employees shall be 22 liable in any cause of action arising from reporting to the 23 department as required in this section. 24 Section 9. Reports of violations by public offenders or 25 employees. 26 Any officer or employer of any agency, executive office, 27 department, board, commission, bureau, division or authority of 28 the Commonwealth, or of any political subdivision thereof, who 29 is engaged in the provision or oversight of medical or health 30 services shall report to the State Board of Medicine any person 20010S1021B1273 - 9 -
1 who is reasonably believed to be in violation of any applicable 2 State regulation, except as otherwise prohibited by law. Upon 3 review, the State Board of Medicine shall provide the 4 information to the department for purposes consistent with this 5 act. 6 Section 10. Reports by physicians of settlements or arbitration 7 awards. 8 (a) General rule.--A physician who does not possess 9 professional liability insurance shall report to the department 10 every settlement or arbitration award of a claim or action for 11 damages for death or personal injury caused by negligence, error 12 or omission in practice, or the unauthorized rendering of 13 professional services by the physician. The report shall be made 14 within 30 days after the settlement agreement has been reduced 15 to writing or 30 days after service of the arbitration award on 16 the parties as long as it is signed by all the parties. 17 (b) Civil penalty.-- 18 (1) Except as otherwise provided in paragraph (2), a 19 physician who fails to comply with the provisions of this 20 section shall be subject to a civil penalty of not more than 21 $500. 22 (2) A physician who makes a knowing or intentional 23 failure to comply with the provisions of this section, or 24 conspires or colludes not to comply with the provisions of 25 this section, or hinders or impedes any other person in such 26 compliance, shall be subject to a civil penalty of not less 27 than $5,000 nor more than $50,000. 28 Section 11. Public access to information. 29 (a) Telephone hotline.-- 30 (1) The department shall establish a telephone number 20010S1021B1273 - 10 -
1 which shall be operational on every business day between the 2 hours of 9 a.m. and 6 p.m. local time for the purposes of 3 disseminating information pursuant to section 4 to any 4 inquiry. The department shall employ and train those 5 personnel necessary to administer the provisions of this act 6 and shall give first consideration to any displaced 7 employees. 8 (2) Effective January 1, 2002, a fee of not more than 9 $20 shall be assessed to all physicians. Effective December 10 31, 2002, a fee of not more than $20 shall be assessed to all 11 physicians, and the fee shall be collected every two years to 12 coincide with the collection of physician's license renewal 13 fees. All money collected under this section shall be 14 deposited into the fund. 15 (b) Internet.--The department may disseminate information 16 pursuant to section 4 by posting the information on the 17 Commonwealth's web site on the Internet. The fees collected 18 under subsection (a) may be used to pay for the expenses of 19 complying with this subsection. 20 (c) Definition.--As used in this section, the term 21 "displaced employees" means individuals who are recipients of 22 public assistance or who, within the preceding 12 months, have 23 been displaced from jobs due to employer relocation, downsizing 24 or facility closings. 25 Section 12. Medical Professional Records Check Fund. 26 There is hereby established a Medical Professional Records 27 Check Fund as a nonlapsing fund in the State Treasury. The 28 moneys of the fund shall be kept separate and apart from all 29 other public money or funds of the Commonwealth and are hereby 30 appropriated to the Department of State on a continuing basis 20010S1021B1273 - 11 -
1 for use in carrying out the provisions of this act. 2 Section 13. Rules and regulations. 3 The department shall in the manner provided by law promulgate 4 the rules and regulations necessary to carry out the provisions 5 of this act, including, but not limited to, the exchange of 6 information between the State Board of Medicine, the department 7 and relevant Commonwealth agencies and judicial administrative 8 offices. 9 Section 14. Effective date. 10 This act shall take effect January 1, 2002, or immediately, 11 whichever is later. F15L35DMS/20010S1021B1273 - 12 -