reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › GENERAL PROVISIONS › Section 16.41 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Board counsel
-An assistant counsel
						  assigned by the Office of General Counsel to serve as legal counsel to the
						  Board.
Board prosecutor
-An assistant counsel
						  assigned by the Office of General Counsel to review complaints, initiate
						  investigations and prosecute disciplinary matters before the Board.
Complaints officer
-The administrator
						  of the Complaints Office for the Bureau of Professional and Occupational
						  Affairs.
Hearing examiner
-The hearing examiner
						  employed by the Board and approved by the Governor for the purpose of
						  conducting hearings involving the discipline of a licensed physician or surgeon
						  and rendering the adjudication.
Medical consultant
-A licensed
						  physician or surgeon employed by the Board to aid in the review of complaints
						  when required, to advise the Board prosecutor in preparing for and requesting
						  of investigations, to aid in interpreting investigation results, to assist the
						  hearing examiner in interpreting technical testimony of a medical nature, to
						  examine physicians who are thought to be impaired and to serve as a medical
						  expert when required.
Medical investigator
-An investigator
						  employed by the Board to conduct preliminary investigations in following up
						  complaints and assisting the Board prosecutor and counsel in obtaining
						  information relative to cases requiring a hearing or follow-up investigation
						  after hearing and who may serve as witness for the Commonwealth at
						  hearings.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › HEARING EXAMINERS AND MEDICAL CONSULTANTS › Section 16.51 - Hearing examiners

Current through Register Vol. 54, No. 28, July 13, 2024
Hearing examiners are appointed by the Governor's
						  Office of General Counsel to hear matters before the Board. Unless otherwise
						  ordered by the Board, disciplinary matters shall be heard by a hearing
						  examiner.
The provisions of this §
														16.51 amended under sections 8 and
							 9 of the Medical Practice Act of 1985 (63 P. S. §§
															422.8 and
							 422.9).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › HEARING EXAMINERS AND MEDICAL CONSULTANTS › Section 16.52 - Creation of lists of medical consultants

Current through Register Vol. 54, No. 28, July 13, 2024
The Board, through the cooperation of various State and
						  local professional societies, has created lists of licensed physicians and
						  surgeons of varied expertise, specialty and training from which medical
						  consultants can be selected to serve on a part-time basis as resource
						  personnel, with medical expertise required for the individual
						  case.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › HEARING EXAMINERS AND MEDICAL CONSULTANTS › Section 16.52a - Expert witnesses-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
To enhance the quality of expert testimony given in
						  disciplinary proceedings before the Board and its hearing examiners, persons
						  appearing as expert witness should possess, whenever practicable, the following
						  qualifications:
(1)
General
						rule
. Persons offering expert medical opinions in a disciplinary
						action before the Board and its hearing examiners should be able to demonstrate
						their competency to testify by showing that they possess sufficient education,
						training, knowledge and experience to provide credible, competent testimony in
						the specialty and subspecialty about which the expert intends to testify and
						should possess the additional qualifications set forth in this section, as
						applicable.
(2)
Medical
						testimony
.
(i) An expert testifying
						on a medical matter, including the standard of care, risks and alternatives,
						causation and the nature and extent of the injury, should:
(A) Possess an unrestricted physician's
						license to practice medicine in any state or the District of Columbia, and
						obtain at a minimum a temporary license from the Board.
(B) Be engaged in, or have retired within the
						previous 5 years from, active clinical practice or teaching of
						medicine.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › HEARING EXAMINERS AND MEDICAL CONSULTANTS › Section 16.53 - Powers and duties of hearing examiners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The hearing examiner has the power to
						conduct a hearing under this chapter, 1 Pa. Code Part II (relating to general
						rules of administrative practice and procedure) and
						2
						Pa.C.S. §§
													501-508 and
						701-704 (relating to the
						Administrative Agency Law).
(b) The
						hearing examiner has the following powers:
(1)
						The power to issue subpoenas requiring the attendance and testimony of
						individuals and the production of pertinent books, records, documents and
						papers.
(2) The power to continue a
						formal hearing in order to call additional witnesses he may believe are
						required, or to get additional documented evidence before reaching his
						decision.
(3) The power to question
						and cross-examine witnesses presented by either party.
(4) The power to administer oaths.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › HEARING EXAMINERS AND MEDICAL CONSULTANTS › Section 16.54 - Powers and duties of medical consultants

Current through Register Vol. 54, No. 28, July 13, 2024
A medical consultant shall perform the
						  following:
(1) Review medical aspects
						of a complaint referred to him by the Board prosecutor and prepare a written
						report of recommendations based on the review and inquiries deemed necessary to
						determine whether further action is required.
(2) Review a complaint in order to aid the
						Board prosecutor in recognizing medical issues and determining what information
						should be obtained and what additional investigation is required.
(3) Attend a prehearing conference which may
						be scheduled regarding complaints assigned to him.
(4) Administer physical and mental
						examinations to physicians for evaluation of impairment.
(5) Testify as an expert witness if required
						by the Board prosecutor.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › HEARING EXAMINERS AND MEDICAL CONSULTANTS › Section 16.55 - Complaint process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
						submit a written complaint to the complaints office alleging a violation of the
						act or this chapter or Chapter 17 or 18 (relating to State Board of
						Medicine-medical doctors; and State Board of Medicine-practitioners other than
						medical doctors), specifying the grounds therefore.
(b) The complaints office will assign a
						complaint to the prosecution and investigatory staff who, together with medical
						consultants as may be required, will make a determination that the complaint
						merits consideration. The Board prosecutor will cause to be conducted
						reasonable inquiry or investigation that is deemed necessary to determine the
						truth and validity of the allegations in the complaint. The Board prosecutor
						will provide reports to the Board at its regular meetings on the number,
						nature, procedure and handling of the complaints received.
(c) Upon review of the complaint,
						documentation, records and other materials obtained during the course of an
						investigation, the Board prosecutor will determine whether to initiate the
						filing of formal charges. The documents, materials or information obtained
						during the course of an investigation shall be confidential and privileged
						unless admitted as evidence during the course of a formal disciplinary
						proceeding. A person who has investigated or has access to or custody of
						documents, materials or information which are confidential and privileged under
						this subsection will not be required to testify in any judicial or
						administrative proceeding without the written consent of the Board.
(d) The Board prosecutor may enter into
						negotiations at any stage of the complaint, investigation or hearing process to
						settle the case by consent agreement.
(1)
						Consent agreements must be approved as to form and legality by the Office of
						General Counsel and adopted by the Board.
(2) Until the Board approves a consent
						agreement, the terms of the agreement are confidential.
(3) Admissions made by a respondent during
						the course of negotiations may not be used against the respondent in any formal
						disciplinary proceeding if a consent agreement cannot be reached.
(4) Admissions made by a respondent in a
						consent agreement that is ultimately rejected by the Board may not be used
						against the respondent in any formal disciplinary proceeding.
(5) This subsection does not preclude the
						Board prosecutor from offering, at a formal disciplinary hearing, other
						evidence to prove factual matters disclosed during the negotiation
						process.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › HEARING EXAMINERS AND MEDICAL CONSULTANTS › Section 16.56 - Formal hearings open to public

Current through Register Vol. 54, No. 28, July 13, 2024
Formal disciplinary proceedings are open to the public.
						  Members of the press may request in advance of the hearing permission from the
						  presiding officer for the electronic recording of the proceedings. Upon the
						  consideration of objections by the parties, the hearing examiner may permit the
						  electronic recording of the proceeding by members of the press if the presiding
						  officer determines that the recording will not interfere with the efficient
						  conduct or impartiality and fairness of the proceedings.
The provisions of this §
														16.56 issued under sections 8 and
							 9 of the Medical Practice Act of 1985 (63 P. S. §§
															422.8 and
							 422.9).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › HEARING EXAMINERS AND MEDICAL CONSULTANTS › Section 16.57 - Appeal from the hearing examiner's decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless otherwise ordered by the Board,
						the decision of the hearing examiner becomes final 20 days after its issuance.
(1) Upon application for review by any party
						or upon the Board's own motion, the Board will review the hearing examiner's
						decision.
(2) The Board will review
						the entire record and, if it deems it advisable, may hear additional testimony
						from persons already deposed or from new witnesses as well as arguments of
						counsel to make a Board decision.
(3) Additional testimony will be taken as
						soon as practicable.
(4) The Board
						will issue its final decision, along with its findings of fact and conclusions
						of law, which will be sent by mail to the parties involved.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › HEARING EXAMINERS AND MEDICAL CONSULTANTS › Section 16.58 - Appeal from the Board decision

Current through Register Vol. 54, No. 28, July 13, 2024
The respondent may, within 30 days from the date of the
						  decision of the Board, appeal to the Commonwealth Court under
						  2
						  Pa.C.S. §
													702 (relating to
						  appeals).
The provisions of this §
														16.58 issued under sections 8 and
							 9 of the Medical Practice Act of 1985 (63 P. S. §§
															422.8 and
							 422.9).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › COMPLAINTS › Section 16.62 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › UNPROFESSIONAL AND IMMORAL CONDUCT › Section 16.71 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › UNPROFESSIONAL AND IMMORAL CONDUCT › Section 16.72 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › UNPROFESSIONAL AND IMMORAL CONDUCT › Section 16.81 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › UNPROFESSIONAL AND IMMORAL CONDUCT › Section 16.82 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter F - MINIMUM STANDARDS OF PRACTICE › Section 16.91 - Identifying information on prescriptions and orders for equipment and service

Current through Register Vol. 54, No. 28, July 13, 2024
After December 31, 1982, the name and license number of
						the physician shall be printed or preprinted on a written prescription for
						drugs and on a written order for services or equipment to be provided to a
						patient by another provider unless the patient is receiving those drugs or
						other services or equipment as part of inpatient services.
This section cited in 49 Pa. Code §
													18.158 (relating to prescribing
						  and dispensing drugs, pharmaceutical aids and
						  devices).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter F - MINIMUM STANDARDS OF PRACTICE › Section 16.92 - Prescribing, administering and dispensing controlled substances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For purposes of
					 this section, "drug" includes the following:
(1) Controlled substances under The
					 Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§
													780-101-780-144) or substances that are
					 controlled substances under Federal law.
(2) Carisoprodol or agents in which
					 carisoprodol is an active ingredient.
(3) Butalbital or agents in which butalbital
					 is an active ingredient.
(4)
					 Tramadol hydrochloride or agents in which tramadol hydrochloride is an active
					 ingredient.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter F - MINIMUM STANDARDS OF PRACTICE › Section 16.93 - Packaging

Current through Register Vol. 54, No. 28, July 13, 2024
Prescription drugs-that is, drugs which cannot be
						purchased over the counter-for oral administration shall be dispensed in safety
						closure packaging, except where exempt by State or Federal statute or
						regulation or as specifically requested by the patient. For Federal regulations
						pertaining to packaging, see 16 CFR Part 1700 (relating to poison prevention
						packaging).
This section cited in 49 Pa. Code §
													18.6a (relating to prescribing,
						  dispensing and administering drugs); and 49 Pa. Code §
													18.158 (relating to prescribing
						  and dispensing drugs, pharmaceutical aids and
						  devices).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter F - MINIMUM STANDARDS OF PRACTICE › Section 16.94 - Labeling of dispensed drugs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 label on a dispensed drug container shall include the name of the drug, using
					 abbreviations if necessary; the quantity; and the name of the manufacturer if
					 the drug is a generic drug. If a practitioner specifically indicates that the
					 name of the drug may not appear on the label, the recognized national drug code
					 number shall be placed on the label if the number is available for the product.
					 The label shall also bear the name and address of the practitioner, the date
					 dispensed, the name of the patient and the directions for use of the drug by
					 the patient.
(b) Drugs which, at
					 the time of their dispensing, have full potency for less than 1 year, as
					 determined by the expiration date placed on the original label by the
					 manufacturer, may only be dispensed with a label that indicates the expiration
					 date. The label shall include the statement, "Do not use after manufacturer's
					 expiration date," or similar wording.
This section cited in 34 Pa. Code §
													501.5 (relating to exemptions); 49
						  Pa. Code §
													18.6a (relating to prescribing,
						  dispensing and administering drugs); and 49 Pa. Code §
													18.158 (relating to prescribing
						  and dispensing drugs, pharmaceutical aids and
						  devices).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter F - MINIMUM STANDARDS OF PRACTICE › Section 16.97 - Disciplinary guidelines for use of anabolic steroids-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 4 of the act of December 22, 1989 (P. L.
						702, No. 93) (35 P. S. §
												807.4), known
						as the Anabolic Steriod Law:
(1) A
					 medical doctor or other Board regulated practitioner may not prescribe,
					 administer or dispense an anabolic steroid for the purpose of:
(i) Increasing muscle mass, strength or
					 weight, without medical necessity.
(ii) Improving a person's performance in an
					 exercise, sport or game.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter G - MINIMUM STANDARDS OF PRACTICE-CHILD ABUSE › Section 16.102 - Suspected child abuse-mandated reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
(1) Under
					 23 Pa.C.S. §
													6311
					 (relating to persons required to report suspected child abuse), all
					 Board-regulated practitioners are considered mandated reporters. A mandated
					 reporter shall make a report of suspected child abuse in accordance with this
					 section if the mandated reporter has reasonable cause to suspect that a child
					 is a victim of child abuse under any of the following circumstances:
(i) The mandated reporter comes into contact
					 with the child in the course of employment, occupation and practice of the
					 profession or through a regularly scheduled program, activity or
					 service.
(ii) The mandated reporter
					 is directly responsible for the care, supervision, guidance or training of the
					 child, or is affiliated with an agency, institution, organization, school,
					 regularly established church or religious organization or other entity that is
					 directly responsible for the care, supervision, guidance or training of the
					 child.
(iii) A person makes a
					 specific disclosure to the mandated reporter that an identifiable child is the
					 victim of child abuse.
(iv) An
					 individual 14 years of age or older makes a specific disclosure to the mandated
					 reporter that the individual has committed child abuse.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter G - MINIMUM STANDARDS OF PRACTICE-CHILD ABUSE › Section 16.103 - Photographs, medical tests and X-rays of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
A Board-regulated practitioner may take or cause to be
						taken photographs of the child who is subject to a report and, if clinically
						indicated, cause to be performed a radiological examination and other medical
						tests on the child. Medical summaries or reports of the photographs, X-rays and
						relevant medical tests taken shall be sent to the county children and youth
						social service agency at the time the written report is sent or within 48 hours
						after an electronic report is made under §
											16.102(c)(2)
						(relating to suspected child abuse-mandated reporting requirements), or as soon
						thereafter as possible. The county children and youth social service agency
						shall have access to actual photographs or duplicates and X-rays and may obtain
						them or duplicates of them upon request. Medical summaries or reports of the
						photographs, X-rays and relevant medical tests shall be made available to law
						enforcement officials in the course of investigating cases under
						23 Pa.C.S. §
												6490(a)(9) or
						(10) (relating to release of information in
						confidential reports).
The provisions of this §
													16.103 amended under section 8 of
						  the Medical Practice Act of 1985 (63 P.S. §
														422.8); and
						  23 Pa.C.S. §
														6383(b)(2).
This section cited in 49 Pa. Code §
													16.105 (relating to immunity from
						  liability); 49 Pa. Code §
													16.106 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													16.107 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter G - MINIMUM STANDARDS OF PRACTICE-CHILD ABUSE › Section 16.104 - Suspected death as a result of child abuse-mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A Board-regulated practitioner who has reasonable cause
						to suspect that a child died as a result of child abuse shall report that
						suspicion to the coroner or medical examiner of the county where death occurred
						or, in the case where the child is transported to another county for medical
						treatment, to the coroner or medical examiner of the county where the injuries
						were sustained.
The provisions of this §
													16.104 amended under section 8 of
						  the Medical Practice Act of 1985 (63 P.S. §
														422.8); and
						  23 Pa.C.S. §
														6383(b)(2).
This section cited in 49 Pa. Code §
													16.105 (relating to immunity from
						  liability); 49 Pa. Code §
													16.106 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													16.107 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter G - MINIMUM STANDARDS OF PRACTICE-CHILD ABUSE › Section 16.105 - Immunity from liability

Current through Register Vol. 54, No. 28, July 13, 2024
Under
						23 Pa.C.S. §
												6318
						(relating to immunity from liability), a Board-regulated practitioner who
						participates in good faith in the making of a report of suspected child abuse,
						making a referral for general protective services, cooperating or consulting
						with an investigation including providing information to a child fatality or
						near fatality review team, testifying in a proceeding arising out of an
						instance of suspected child abuse or general protective services or engaging in
						any action authorized under
						23 Pa.C.S. §§
												6314-6317, shall have immunity from civil and
						criminal liability that might otherwise result by reason of the Board-regulated
						practitioner's actions. For the purpose of any civil or criminal proceeding,
						the good faith of the Board-regulated practitioner shall be presumed. The Board
						will uphold the same good faith presumption in any disciplinary proceeding that
						might result by reason of a Board-regulated practitioner's actions under
						§§
											16.102-16.104 (relating to suspected
						child abuse-mandated reporting requirements; photographs, medical tests and
						X-rays of child subject to report; and suspected death as a result of child
						abuse-mandated reporting requirement).
The provisions of this §
													16.105 amended under section 8 of
						  the Medical Practice Act of 1985 (63 P.S. §
														422.8); and
						  23 Pa.C.S. §
														6383(b)(2).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter G - MINIMUM STANDARDS OF PRACTICE-CHILD ABUSE › Section 16.106 - Confidentiality-waived

Current through Register Vol. 54, No. 28, July 13, 2024
To protect children from abuse, the reporting
						requirements of §§
											16.102-16.104 (relating to suspected
						child abuse-mandated reporting requirements; photographs, medical tests and
						X-rays of child subject to report; and suspected death as a result of child
						abuse-mandated reporting requirement) take precedence over any client
						confidentiality, ethical principles or professional standard that might
						otherwise apply. In accordance with
						23 Pa.C.S. §
												6311.1
						(relating to privileged communications), privileged communications between a
						mandated reporter and a patient does not apply to a situation involving child
						abuse and does not relieve the mandated reporter of the duty to make a report
						of suspected child abuse. Additionally, under
						23 Pa.C.S. §
												6313(e) (relating to
						reporting procedure), notwithstanding any other provision of law to the
						contrary, a mandated reporter who makes a report of suspected child abuse does
						not violate the Mental Health Procedures Act (50 P.S. §§
												7101-7503), by releasing information
						necessary to complete the report.
The provisions of this §
													16.106 amended under section 8 of
						  the Medical Practice Act of 1985 (63 P.S. §
														422.8); and
						  23 Pa.C.S. §
														6383(b)(2).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter G - MINIMUM STANDARDS OF PRACTICE-CHILD ABUSE › Section 16.107 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action.
A Board-regulated practitioner who
					 willfully fails to comply with the reporting requirements in §§
											16.102-16.104 (relating to suspected
					 child abuse-mandated reporting requirements; photographs, medical tests and
					 X-rays of child subject to report; and suspected death as a result of child
					 abuse-mandated reporting requirement) will be subject to disciplinary action
					 under section 41 of the act (63 P.S. §
												422.41).
(b)
Criminal penalties.
Under
					 23 Pa.C.S. §
												6319
					 (relating to penalties), a Board-regulated practitioner who is required to
					 report a case of suspected child abuse or to make a referral to the appropriate
					 authorities and who willfully fails to do so commits a criminal offense, as
					 follows:
(1) An offense not otherwise
					 specified in paragraphs (2), (3) or (4) is a misdemeanor of the second
					 degree.
(2) An offense is a felony
					 of the third degree if all of the following apply:
(i) The mandated reporter willfully fails to
					 report.
(ii) The child abuse
					 constitutes a felony of the first degree or higher.
(iii) The mandated reporter has direct
					 knowledge of the nature of the abuse.
(3) If the willful failure to report
					 continues while the mandated reporter knows or has reasonable cause to suspect
					 a child is being subjected to child abuse by the same individual, or while the
					 mandated reporter knows or has reasonable cause to suspect that the same
					 individual continues to have direct contact with children through the
					 individual's employment, program, activity or service, the mandated reporter
					 commits a felony of the third degree, except that if the child abuse
					 constitutes a felony of the first degree or higher, the mandated reporter
					 commits a felony of the second degree.
(4) A mandated reporter who, at the time of
					 sentencing for an offense under
					 23 Pa.C.S. §
													6319,
					 has been convicted of a prior offense under
					 23 Pa.C.S. §
													6319,
					 commits a felony of the third degree, except that if the child abuse
					 constitutes a felony of the first degree or higher, the penalty for the second
					 or subsequent offense is a felony of the second degree.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter G - MINIMUM STANDARDS OF PRACTICE-CHILD ABUSE › Section 16.109 - Child abuse recognition and reporting course approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual,
					 entity or organization may apply for approval to provide mandated reporter
					 training as required under
					 23 Pa.C.S. §
												6383(b) (relating to
					 education and training) by submitting the course materials set forth in
					 subsection (b) simultaneously to the Department of Human Services, Office of
					 Children, Youth and Families and to the Bureau at the following addresses:
(1) Department of Human Services, Office of
					 Children, Youth and Families, Health and Welfare Building, 625 Forster Street,
					 Harrisburg, PA 17120; or electronically at RA-PWOCYFCPSL@pa.gov.
(2) Bureau of Professional and Occupational
					 Affairs, 2601 North Third Street, P.O. Box 2649, Harrisburg, PA 17105-2649; or
					 electronically at RA-stcpsl_course_app@pa.gov.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter H - SEXUAL MISCONDUCT › Section 16.110 - Sexual misconduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sexual
					 exploitation by a Board-regulated practitioner of a current or former patient,
					 or of an immediate family member of a patient, constitutes unprofessional
					 conduct, is prohibited, and subjects the practitioner to disciplinary action
					 under section 41(8) of the act (63 P. S. §
												422.41(8)).
(b) Sexual behavior that occurs with a
					 current patient other than the Board-regulated practitioner's spouse
					 constitutes unprofessional conduct, is prohibited and subjects the practitioner
					 to disciplinary action under section 41(8) of the act.
(c) When a Board-regulated practitioner is
					 involved with the management or treatment of a patient other than the
					 practitioner's spouse for a mental health disorder, sexual behavior with that
					 former patient which occurs prior to the 2-year anniversary of the termination
					 of the professional relationship constitutes unprofessional conduct, is
					 prohibited and subjects the practitioner to disciplinary action under section
					 41(8) of the act.
(d) A
					 practitioner who engages in conduct prohibited by this section will not be
					 eligible for placement into an impaired professional program in lieu of
					 disciplinary or corrective actions.
(e) Consent is not a defense to conduct
					 prohibited by this section.
The provisions of this §
													16.110 issued under sections 8 and
						  41(8) of the Medical Practice Act of 1985 (63 P.S. §§
														442.8 and
						  442.41(8)).
This section cited in 49 Pa. Code §
													18.609 (relating to disciplinary
						  action for licensed perfusionists); 49 Pa. Code §
													18.708 (relating to disciplinary
						  action for applicants and genetic counselors); and 49 Pa. Code §
													18.853 (relating to unprofessional
						  and immoral conduct).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 17 - STATE BOARD OF MEDICINE-MEDICAL DOCTORS › Subchapter A - LICENSURE OF MEDICAL DOCTORS › Section 17.1 - License without restriction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
					 as provided in §
											17.2 (relating to license without
					 restriction-endorsement), to secure a license without restriction an applicant
					 shall:
(1) Have passed a licensing
					 examination acceptable to the Board by having achieved one of the following:
(i) A passing score on Step 1, Step 2 and
					 Step 3 of the USMLE as determined by USMLE completed within a 7-year
					 period.
(ii) A score of 75 on FLEX
					 I and a score of 75 on FLEX II, as determined by the Federation.
(iii) A score of 75, obtained in an
					 individual attempt, on the licensing examination provided by the Federation
					 from June 1968 to December 1984.
(iv) A passing score as determined by the
					 NBME on the National Boards.
(v) A
					 passing score on Part I of the National Boards or Step 1 of the USMLE plus Part
					 II of the National Boards or Step 2 of the USMLE plus Part III of the National
					 Boards or Step 3 of the USMLE completed within a 7-year period.
(vi) A score of 75 on FLEX I and Step 3 of
					 the USMLE completed within a 7-year period.
(vii) A passing score on Part I of the
					 National Boards or Step 1 of the USMLE plus Part II of the National Boards or
					 Step 2 of the USMLE plus FLEX II completed within a 7-year period.
(viii) A passing score, as determined by the
					 Medical Council of Canada, on the examination of the Medical Council of Canada
					 taken in or after May 1970, if the examination was taken in English.
(ix) A passing score, as determined by the
					 licensing authority of another state, territory or possession of the United
					 States, on a state board examination taken prior to December 1973, if the
					 examination was taken in English.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 17 - STATE BOARD OF MEDICINE-MEDICAL DOCTORS › Subchapter A - LICENSURE OF MEDICAL DOCTORS › Section 17.3 - Institutional license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 institutional license authorizes a qualified person to teach and practice
					 medicine for a period of time specified by the Board, not exceeding 3 years, in
					 one of the medical colleges, its affiliates, or community hospitals within this
					 Commonwealth. To qualify for an institutional license, an applicant shall
					 satisfy the requirements listed in §
											16.12 (relating to general
					 qualifications for licenses and certificates), including having completed at
					 least 3 hours of approved training in child abuse recognition and reporting in
					 accordance with §
											16.108 (relating to child abuse
					 recognition and reporting-mandatory training requirement), and one of the
					 following:
(1) Be a graduate of an
					 unaccredited medical college who has attained through professional growth and
					 teaching experience the status of teacher.
(2) Have achieved outstanding medical skills
					 in a particular area of medicine and wish to practice, demonstrate or teach in
					 that area, but not otherwise be licensed to do so.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 17 - STATE BOARD OF MEDICINE-MEDICAL DOCTORS › Subchapter A - LICENSURE OF MEDICAL DOCTORS › Section 17.4 - Extraterritorial license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 extraterritorial license authorizes a medical doctor who possesses a license to
					 practice medicine and surgery without restriction or an equivalent license, in
					 a state adjoining this Commonwealth, to practice medicine and surgery in this
					 Commonwealth.
(b) An
					 extraterritorial license will be issued under the following circumstances:
(1) The applicant shall satisfy the
					 following:
(i) Possess a license to practice
					 medicine and surgery without restriction or an equivalent license in a state
					 adjoining this Commonwealth.
(ii)
					 Reside in or maintain an office of practice in the adjoining state near its
					 boundary line with this Commonwealth and desire to extend that practice into
					 this Commonwealth.
(iii) Submit
					 evidence with the application that the applicant is in compliance with
					 professional liability insurance responsibilities imposed by the MCARE
					 Act.
(iv) Arrange for the licensing
					 authority of the adjoining state to file a certification with the Board, issued
					 by that licensing authority, attesting to the fact that the applicant is
					 licensed in that state.
(v) Satisfy
					 the qualifications listed in §
													16.12 (relating to general
					 qualifications for licenses and certificates), including having completed at
					 least 3 hours of approved training in child abuse recognition and reporting in
					 accordance with §
													16.108 (relating to child abuse
					 recognition and reporting-mandatory training requirement).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 17 - STATE BOARD OF MEDICINE-MEDICAL DOCTORS › Subchapter A - LICENSURE OF MEDICAL DOCTORS › Section 17.5 - Graduate license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A graduate
					 license authorizes the licensee to participate in a year of graduate medical
					 training within the complex of the hospital to which the licensee is assigned,
					 and a satellite facility or other training location utilized in the graduate
					 training program.
(b) To secure a
					 graduate license, an applicant shall satisfy one of the following:
(1) Have graduated from an accredited medical
					 college or an unaccredited medical college and received a medical
					 degree.
(2) Have completed the
					 formal requirements for graduation from an unaccredited medical college, except
					 an internship or social service requirement, and have successfully completed a
					 fifth pathway program and an ECFMG certification examination.
(3) Hold a license to practice medicine
					 without restriction in this Commonwealth or an equivalent license granted by
					 another state, territory or possession of the United States, or the Dominion of
					 Canada.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 17 - STATE BOARD OF MEDICINE-MEDICAL DOCTORS › Subchapter A - LICENSURE OF MEDICAL DOCTORS › Section 17.6 - Temporary license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A temporary
					 license will be issued to an applicant who holds the equivalent of a license
					 without restriction granted by the licensing authority of another state,
					 territory or possession of the United States, or another country, and who
					 satisfies the requirements in §
											16.12 (relating to general
					 qualifications for licenses and certificates), including having completed at
					 least 3 hours of approved training in child abuse recognition and reporting in
					 accordance with §
											16.108 (relating to child abuse
					 recognition and reporting-mandatory training requirement), to permit one of the
					 following:
(1) The teaching and demonstration
					 of advanced medical and surgical techniques.
(2) Participation in a medical or surgical
					 procedure necessary for the well-being of a specified patient.
(3) The practice of medicine and surgery in a
					 camp or resort for no more than 3 months.
(4) Attending to the medical and surgical
					 needs of a person visiting this Commonwealth for a brief period of
					 time.
(5) The short-term
					 replacement of a doctor of medicine employed by the Federal government in a
					 National Health Service Corps Clinic, under Project U.S.A.
					 arrangements.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 17 - STATE BOARD OF MEDICINE-MEDICAL DOCTORS › Subchapter A - LICENSURE OF MEDICAL DOCTORS › Section 17.7 - Interim limited license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who
					 holds a graduate license is limited to providing medical services embraced
					 within the graduate medical training program in which the person is
					 participating unless that person also holds an interim limited license or other
					 license issued by the Board, other than a graduate license.
(b) An interim limited license empowers the
					 licensee to provide medical services, other than authorized by the graduate
					 medical training program, for a period of up to 12 consecutive months. The
					 Board may extend the validity of an interim limited license for a period of up
					 to 12 additional consecutive months, but no more than one extension may be
					 granted.
(c) To qualify for an
					 interim limited license, an applicant shall satisfy the following:
(1) Be a graduate of an accredited medical
					 college.
(2) Hold a valid graduate
					 license.
(3) Have successfully
					 completed a year of graduate medical training.
(4) Have passed an examination specified in
					 §
												17.1(a)(1)
					 (relating to license without restriction).
(5) Provide a detailed written statement of
					 the medical services to be provided beyond the parameters of the graduate
					 medical training program.
(6) Have
					 the written approval of the director of the graduate medical training program
					 to provide the enumerated services.
(7) Present evidence of having made
					 arrangements for professional liability insurance coverage in accordance with
					 the MCARE Act.
(8) Satisfy the
					 qualifications listed in §
												16.12 (relating to general
					 qualifications for licenses and certificates), including having completed at
					 least 3 hours of approved training in child abuse recognition and reporting in
					 accordance with §
												16.108 (relating to child abuse
					 recognition and reporting-mandatory training requirement).
(9) Be evaluated by the Board as having
					 received ample education and training to perform the specified medical
					 services.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 17 - STATE BOARD OF MEDICINE-MEDICAL DOCTORS › Subchapter A - LICENSURE OF MEDICAL DOCTORS › Section 17.8 - Licenses, certificates and registrations issued prior to January 1, 1986

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A license,
					 certificate and registration issued prior to January 1, 1986, shall continue in
					 full force and effect for the duration of the license, certificate or
					 registration as provided for in the now repealed Medical Practice Act of 1974
					 (formerly
					 63
					 P. S. §§
												421.1-421.18) and the
					 provisions of this chapter in effect prior to January 3, 1987.
(b) Licenses and certificates which the Board
					 has no authority to issue under the act, but which were previously issued by
					 the Board under authority contained in the Medical Practice Act of 1974, are:
(1) Limited license (permanent).
(2) Limited license (temporary).
(3) Across-the-border license.
(4) Temporary license to participate in
					 graduate medical training.
(5)
					 Graduate certificate.
(6)
					 Short-term camp physician license.