Subchapter D. HEALTH CARE PROFESSIONAL LIABILITY
Sec.
16.31. Notification.
16.32. Requirements of the MCARE Act.
16.33. Certification of noncompliers; noncompliance letters.
16.34. Formal hearings for noncompliance.
16.35. Penalty.
Authority The provisions of this subchapter amended under section 8 of the Medical Practice Act of 1985 (63 P. S. § 422.8).
§ 16.31. Notification.
(a) Applicants for original licensure. A physician who has successfully met the qualifications for licensure will be notified by letter that he may enter upon the practice of medicine in this Commonwealth only after complying with section 711 of the MCARE Act (40 P. S. § 1303.711) by making prompt application for medical liability insurance.
(b) Licensees applying for biennial renewal. A licensee applying for biennial renewal will be notified with the renewal application that if he practices in this Commonwealth he is required to furnish satisfactory proof of compliance with the medical professional liability insurance and Medical Care Availability and Reduction of Error Fund provisions in sections 711 and 712 of the MCARE Act (40 P. S. § § 1303.711 and 1303.712) as a condition of practice.
Source The provisions of this § 16.31 amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5484. Immediately preceding text appears at serial pages (342634) to (342635).
Cross References This section cited in 49 Pa. Code § 16.18 (relating to volunteer license).
§ 16.32. Requirements of the MCARE Act.
(a) Except as provided in subsections (b) and (c), a physician or nurse-midwife shall maintain the required amount of professional liability insurance, or have an approved self-insurance plan, and pay the required Medical Care Availability and Reduction of Error (MCARE) Fund assessment as a condition of practice under sections 711 and 712 of the MCARE Act (40 P. S. § § 1303.711 and 1303.712). Failure to comply with this section subjects the physician or nurse-midwife to disciplinary action by the Board.
(b) A physician or nurse-midwife practicing solely as a Federal employee is not required to participate in the professional liability insurance program, nor is the physician or nurse-midwife required to comply with the MCARE Act.
(c) A physician or nurse-midwife who provides no medical service in this Commonwealth is not required to pay the MCARE Fund assessment or comply with the insurance requirements of the MCARE Act. Proof of nonpractice must be furnished by notarized statement.
Authority The provisions of this § 16.32 amended under the Health Care Services Malpractice Act (40 P.S. § § 1301.101—1301.1006).
Source The provisions of this § 16.32 amended May 19, 2000, effective May 20, 2000, 30 Pa.B. 2474; amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5484. Immediately preceding text appears at serial page (342635).
§ 16.33. Certification of noncompliers; noncompliance letters.
The Director of the Medical Care Availability and Reduction of Error (MCARE) Fund will furnish the Board office with a certification of the names of those licensed physicians and nurse-midwives who are not in compliance with the MCARE Act or have not demonstrated compliance. Upon receipt of the certification, the Board will forward a letter to the physician or nurse-midwife requiring the physician or nurse-midwife to either furnish sufficient evidence of compliance to the Office of the MCARE Fund or to request a hearing.
Source The provisions of this § 16.33 amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5484. Immediately preceding text appears at serial page (342635).
§ 16.34. Formal hearings for noncompliance.
A physician or nurse-midwife who has requested a hearing or who has failed to demonstrate compliance with the MCARE Act will be issued a citation and notice of hearing. The formal hearings will be conducted under Subchapter E (relating to medical disciplinary process and procedures).
Source The provisions of this § 16.34 amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5484. Immediately preceding text appears at serial pages (342635) to (342636).
§ 16.35. Penalty.
Failure to comply with the MCARE Act, the regulations issued thereunder and this subchapter may result in discipline of a licensee after a formal hearing.
Source The provisions of this § 16.35 amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5484. Immediately preceding text appears at serial page (342636).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
