PROPOSED RULEMAKING
STATE BOARD OF OSTEOPATHIC MEDICINE
[49 PA. CODE CH. 25]
Continuing Medical Education
[34 Pa.B. 563] The State Board of Osteopathic Medicine (Board) proposes to amend §§ 25.1 and 25.271 (relating to definitions; and requirements for renewal) to read as set forth in Annex A.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin. The Legislature has required that the Board promulgate regulations within 6 months of the effective date of section 910 of the Medical Care Availability and Reduction of Error (MCARE) Act (act) (40 P. S. § 1303.910).
Statutory Authority
Under section 910 of the act, the Board is required to establish requirements for continuing medical education for physicians as a condition for renewal of their licenses. Physicians are required to complete 100 credit hours of mandatory continuing medical education during each 2-year licensure period.
Background and Purpose
The proposed rulemaking implements section 910 of the act, which requires completion of 100 credit hours of continuing education as a condition of biennial licensure renewal of physician licenses by the State Board of Medicine and the Board. Although the Board already required 100 credit hours of continuing medical education each biennium, the act imposed a requirement that the Board establish a minimum number of hours in the areas of patient safety and risk management.
Description of Proposed Rulemaking
The proposed rulemaking requires proof of completion of 100 credit hours of continuing medical education as a condition of license renewal, and sets forth a requirement that at least 20 of the 100 hours be American Osteopathic Association (AOA) category 1 credits and that at least 10 credit hours must be in the area of patient safety and risk management. Courses in the area of patient safety and risk management may include topics such as improving medical records and recordkeeping, reducing medical errors, professional conduct and ethics, improving communications, preventative medicine and healthcare quality improvement. The proposed rulemaking further designates the Accreditation Council on Continuing Medical Education and the AOA as the accrediting bodies for purposes of approving continuing medical education providers.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking requires the Board to alter its license renewal forms to include data regarding the physician's compliance with the continuing education requirements, and also requires physicians to maintain their own records of continuing education credits, but otherwise, should have no adverse fiscal impact on the Commonwealth or its political subdivisions.
Sunset Date
The Board continuously monitors the cost 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 January 20, 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 Amy L. Nelson, Counsel, State Board of Osteopathic Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
THOMAS R. CZARNECKI, D.O.,
ChairpersonFiscal Note: 16A-5313. 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 25. STATE BOARD OF OSTEOPATHIC MEDICINE
Subchapter A. GENERAL PROVISIONS § 25.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:
* * * * * Approved course--A continuing medical education course offered by a provider accredited by the ACCME or the AOA.
* * * * * Immediate family member--A parent, a spouse, a child or an adult sibling residing in the same household.
* * * * *
Subchapter G. LICENSING, EDUCATION AND GRADUATE TRAINING
LICENSURE RENEWAL AND CONTINUING EDUCATION § 25.271. Requirements for renewal.
* * * * * (c) Beginning with [1994 renewals] the licensure renewal period commencing November 1, 2004, proof of completion of 100 credit hours of continuing medical education in the preceding biennial period will be required for licensure renewal for osteopathic physicians.
(1) At least 20 credit hours shall be completed in AOA category 1 [AOA] approved courses. At least 10 credit hours shall be completed in approved courses in the area of patient safety and risk management. Approved courses in the area of patient safety and risk management may include topics such as improving medical records and recordkeeping, reducing medical errors, professional conduct and ethics, improving communications, preventative medicine and healthcare quality improvement. The [remainder] remaining 75 credit hours shall be completed in any [courses approved by either the AOA or ACCME] approved courses. Credit will not be granted for courses in office management or practice building.
(2) [A licensee] Physicians shall retain official documentation of attendance for 2 years after renewal, and shall certify completed courses on a form provided by the Board for that purpose, to be filed with the biennial renewal form. Official documentation proving attendance shall be produced, upon Board demand, pursuant to random audits of reported credit hours. Electronic submission of documentation is permissible to prove compliance with this subsection. Noncompliance may result in disciplinary proceedings under section 15(a)(6) of the act (63 P. S. § 271.15(a)(6)).
(3) [A retired or inactive licensee is not required to comply with this requirement, if the licensee offers no service requiring a medical license and files an Affidavit of Non-Practice with the renewal form.] The following exemptions apply for certain physicians:
(i) A physician applying for licensure in this Commonwealth for the first time shall be exempt from the continuing medical education requirement for the biennial renewal period following initial licensure.
(ii) A physician holding a current temporary training license shall be exempt from the continuing medical education requirement.
(iii) A retired physician who provides care only to immediate family members shall be exempt from the continuing medical education requirement.
(iv) A physician who is on inactive status shall be exempt from the continuing medical education requirement, except that a physician who is seeking to reinstate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennium.
(4) [A licensee who has been on inactive status shall have completed 100 credit hours of continuing medical education in the 2-year period immediately prior to reactivation. For the renewal cycle immediately subsequent to reactivation, the licensee shall complete 12.5 credit hours for each full calendar quarter in which his license is active.] A physician suspended for disciplinary reasons is not exempt from the requirements of this section.
(5) [The Board may grant a hardship waiver only under extraordinary circumstances when it finds that good cause has been shown and that the public's safety and welfare will not be jeopardized by the granting of the waiver.] Waiver of the requirements may be permitted, as follows:
(i) The Board may grant a hardship waiver of all or a part of the continuing medical education requirement in cases of serious illness, military service or other good cause provided that the public's safety and welfare will not be jeopardized by the granting of the waiver.
(ii) Requests for waiver shall be made in writing, with appropriate documentation, and shall include a description of circumstances sufficient to show why compliance is impossible.
(iii) Waiver requests will be evaluated by the Board on a case-by-case basis. The Board will send written notification of its approval or denial of a waiver request.
[(6) A licensee suspended for disciplinary reasons is not exempt from the requirements in this section.
(7) A licensee graduating from an approved osteopathic medical college is exempt from the requirements in this section for the renewal cycle immediately subsequent to the receipt of an original license.
(8) A licensee holding a current temporary training license is exempt from the requirements in this section.
(9) For the renewal cycle immediately subsequent to licensure, a licensee licensed by reciprocal endorsement shall complete 12.5 credit hours for each full calendar quarter in which the licensee has been licensed.]
[Pa.B. Doc. No. 04-177. Filed for public inspection January 30, 2004, 9:00 a.m.]
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