PROPOSED RULEMAKING
STATE BOARD
OF PODIARTY
[49 PA. CODE CH. 29]
Professional Liability Insurance
[34 Pa.B. 4902] The State Board of Podiatry (Board) proposes to amend §§ 29.51--29.54 to read as set forth in Annex A.
Effective Date
The proposed rulemaking will be effective upon publication of final-form rulemaking in the Pennsylvania Bulletin.
Statutory Authority
This rulemaking is proposed under section 15 of the Podiatry Practice Act (63 P. S. § 42.15) and the Medical Care Availability and Reduction of Error (MCARE) Act (40 P. S. §§ 1303.101--1303.910).
Background and Purpose
The Health Care Services Malpractice Act (40 P. S. §§ 1303.101--1303.901), in particular provisions that relate to requirements for the maintenance of professional liability insurance by podiatrists, have been repealed and replaced by the MCARE Act. This proposed rulemaking would amend the current regulations by eliminating references to the Health Care Services Malpractice Act and replacing them with references to the MCARE Act.
Description of Proposed Rulemaking
Section 303 of the MCARE Act (40 P. S. § 1303.303) lists ''podiatrist'' as a health care provider. Section 702 of the MCARE Act (40 P. S. § 1303.702) defines ''participating health care provider'' as ''[a] health care provider as defined in section 103 that conducts more than 20% of its health care business or practice within this Commonwealth.'' In compliance with these provisions of the MCARE Act, § 29.51 (relating to applicants) would be amended to require an applicant for licensure to inform the Board as to what percentage of the applicant's practice is conducted in this Commonwealth.
Section 29.52 (relating to requirements for applicants) would be amended to require applicants for licensure or licensees applying for biennial renewal, who practice in this Commonwealth, to furnish satisfactory proof to the Board that they are complying with the MCARE Act. The proposed rulemaking would also delete references to amounts of liability insurance that were required by the repealed Health Care Services Malpractice Act.
Section 29.53 (relating to original license) would require podiatrists applying for original licensure to furnish the Board with proof of professional liability insurance.
Section 29.54 (relating to penalty) would provide the podiatrist with notice that failure to comply with the MCARE Act may result in a suspension or revocation of the podiatrist's license after a formal hearing before the Board.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking should have no fiscal impact on the Commonwealth or its political subdivisions. Likewise, the proposed rulemaking should not necessitate any legal, accounting, reporting or other paperwork requirements.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 23, 2004, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Roberta L. Silver, Counsel, State Board of Podiatry, 2601 North Third Street, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.
JEFFREY S. GERLAND, D.P.M.,
ChairpersonFiscal Note: 16A-447. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 29. STATE BOARD OF PODIATRY
LICENSURE APPLICATIONS § 29.51. Applicants.
On applications for licensure or the biennial renewal of a license, the applicant shall answer the following three questions:
(1) Using as a base the number of patients served in an annual period, what percentage of your practice is in Pennsylvania?
0% ______ 1-- [50%] 20% ______ [51%] 21% or more ______
(If the answer to question (1) is 0%, or if practicing only as a Federal [employe] employee, (2) and (3) need not be answered.)
* * * * * § 29.52. Requirements for applicants.
(a) Applicants for licensure or [licenses] licensees applying for biennial renewal, who practice in this Commonwealth, shall furnish satisfactory proof to the Board that they are complying with [the provisions of] the [Health Care Services Malpractice Act (40 P. S. §§ 1301.101--1301.1006)] Medical Care Availability and Reduction of Error (MCARE) Act (40 P. S. §§ 1303.101--1303.910), in that the applicant, if required by the act and the rules and regulations pertaining thereto, is maintaining the required amount of professional liability insurance or an approved self-insurance plan, and has paid the required fees and surcharges. [as set forth therein:
(1) Proof of coverage of 100,000/300,000, if more than 50% of his practice is conducted in this Commonwealth, and proof that his insurance company has paid the required surcharge into the Medical Professional Liability Loss Fund or that he has paid the $50 fee to the office of the Administrator for Arbitration Panels for Health Care, should be furnished.
(2) Basic coverage insurance in the amount of 200,000/600,000 or an approved self-insurance plan is required if 50% or less of his practice is in this Commonwealth. The licensee is not required to pay the required surcharge nor is the licensee entitled to participate in the Medical Professional Liability Catastrophe Loss Fund. The licensee is required to pay the $50 fee to the Administrator for Arbitration Panels for Health Care.
(3)](b) Licensees practicing solely as Federal [employes] employees are not required to participate in the professional liability insurance program, nor are they required to comply with [the provisions of] the [Health Care Services Malpractice] MCARE Act.
[(4)](c) Licensees who have no practice in this Commonwealth are not required to [pay the arbitration fees or] comply with the [provisional insurance requirements of the Health Care Services Malpractice] MCARE Act.
§ 29.53. Original license.
A podiatrist applying for his original license[,] to practice podiatry shall, within 90 days after receipt of [his] the podiatrist's original license, furnish the Board with the information required in § 29.51 (relating to applicants), and proof of professional liability insurance[, the payment of the $50 fee to the Administrator for Arbitration Panels for Health Care, and payment of the surcharge to the Medical Professional Liability Catastrophe Loss Fund].
§ 29.54. Penalty.
Failure to comply with [the requirements of] the [Health Care Services Malpractice Act (40 P. S. §§ 1301.101--1301.1006)] MCARE Act (40 P. S. §§ 1303.101--1303.910), the regulations issued thereunder, and this subchapter shall result in a suspension or revocation of [his] the licensee's license after a formal hearing before the Board.
[Pa.B. Doc. No. 04-1638. Filed for public inspection September 3, 2004, 9:00 a.m.]
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