RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF MEDICINE
[49 PA. CODE CH. 16]
Health Care Services Malpractice
[30 Pa.B. 2474] The State Board of Medicine (Board) amends § 16.32 (relating to requirements of the Health Care Services Malpractice Act). The proposed amendment is set forth in Annex A.
Amendments to the Health Care Services Malpractice Act (act) (40 P. S. §§ 1301.101--1301.1006), increased minimum basic malpractice insurance amounts from $200,000/$600,000 to $300,000/$900,000 for policies written in years 1997-1998; $400,000/$1.2 million for years 1999-2000 policies; and $500,000/$1.5 million for year 2001, and thereafter.
Rather than unnecessarily duplicating provisions of the act and periodically updating the regulations, the Board has retained the cross reference to the statute but has eliminated repetition of the dollar amounts.
Section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204) (CDL) provides that proposed rulemaking may be omitted if the regulation relates to the interpretation of a self-executing act of Assembly. The minimum basic malpractice coverage amounts are established in section 701 of the act (40 P. S. § 1301.701). Thus, this regulation relates to the self-executing provisions of the act. Accordingly, proposed rulemaking is unnecessary.
A. Effective Date
The amendment is effective upon publication of the final-form regulation in the Pennsylvania Bulletin.
B. Statutory Authority
The amendment is authorized under section 8 of the Medical Practice Act (63 P. S. § 422.8).
C. Compliance with Executive Order 1996-1
In accordance with the requirements of Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the regulation the Board considered the least restrictive alternative to regulate costs for services requested by licensees and applicants.
D. Fiscal Impact and Paperwork Requirements
The amendment will have no adverse fiscal impact on this Commonwealth or its political subdivisions.
F. Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on January 18, 2000, the Board submitted a copy of the final-omitted regulation to the Independent Regulatory Review Commission (IRRC) and the Chairperson of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee (Committees). On the same date, the final-omitted regulation was submitted to the Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5.1(d) of the Regulatory Review Act, the final-omitted regulation was deemed approved by the House and Senate Committees on February 1, 2000, and by IRRC on February 17, 2000.
G. Additional Information
Individuals who desire information are invited to submit inquiries to Cindy L. Warner, Board Administrator, State Board of Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1400.
The Board finds that:
(1) Public notice of intention to amend its regulations as adopted by this order under the procedures specified in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) has been omitted under the authority contained in section 204(1) and (3) of the CDL because the Board has, for good cause, found that the procedures specified in sections 201 and 202 of the CDL, are, in this circumstance, unnecessary because the provisions repealed were found to be duplicative of self-executing statutory language.
(2) The amendment of the regulations of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 16, are amended by amending § 16.32, to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
DANIEL B. KIMBALL, Jr., M.D.,
ChairpersonFiscal Note: 16A-4911. No fiscal impact; (8) recommends adoption.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 30 Pa.B. 1320 (March 4, 2000).)
Annex A
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 § 16.32. Requirements of the Health Care Services Malpractice Act.
An applicant for licensure or a licensee applying for biennial review as required by the Health Care Services Malpractice Act (40 P. S. §§ 1301.101--1301.1006), and the regulations pertaining thereto, shall maintain the required amount of professional liability insurance or an approved self-insurance plan and shall have paid the required fee and surcharges as set forth therein.
(1) A licensee practicing solely as a Federal employe is not required to participate in the professional liability insurance program, nor is the licensee required to comply with the Health Care Services Malpractice Act.
(2) A licensee who provides no medical service in this Commonwealth is not required to pay the arbitration fees or comply with the insurance requirements of the Health Care Services Malpractice Act. Proof of nonpractice shall be furnished by notarized statement.
[Pa.B. Doc. No. 00-838. Filed for public inspection May 19, 2000, 9:00 a.m.]
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