§ 25.291. Disclosure of financial or ownership interest.
(a) Purpose. This statement of policy provides guidelines for compliance with the act of May 26, 1988 (Act 66) (P. L. 403, No. 66) (35 P. S. § § 449.21—449.23).
(b) General rule. Act 66 requires an osteopathic physician referring a patient for health-related services, tests, pharmaceuticals, appliances or devices to a facility or entity in which he has an ownership interest to disclose that interest prior to making the referral, and to notify the patient of his freedom to choose an alternate provider. Ownership interests will be considered by the Board to include proprietary or beneficial interests through which the physician earns or has the potential to earn income, or which produce a direct or indirect economic benefit.
(c) Compliance. An osteopathic physician holding or benefiting from this ownership interest may comply with the requirements of Act 66 by providing both general and specific notice to his patients.
(1) General notice. A printed notice, legible from 3 feet, may be posted in the patient waiting area, substantially in the following form:
ACT 66 OF 1988 REQUIRES US TO NOTIFY YOU THAT YOUR PHYSICIAN MAY REFER YOU FOR A MEDICAL SERVICE, PRODUCT OR DEVICE TO A FACILITY OR BUSINESS IN WHICH HE OR SHE HAS A FINANCIAL INTEREST. IF THAT HAPPENS, WE WILL LET YOU KNOW. YOU WILL ALWAYS HAVE THE FREEDOM TO CHOOSE AN ALTERNATE PROVIDER.
(2) Specific notice. When a physician makes such a referral, the physician or the physician’s delegate may retain a signed document in the patient’s medical records, substantially in the following form:
I have been referred to
for
. I understand that my physician has a financial interest in this business, and that I am free to choose an alternate provider.
(Signature of Patient)
(Signature of Physician/Delegate)
(Date)(d) Referrals for certain patients. Specific disclosures for referrals for patients who are minors, unconscious or legally incompetent, may be made to a parent, legal guardian or custodial adult or adult next of kin.
(e) Civil penalty. Failure to comply with Act 66 may result in the imposition of a civil penalty, not to exceed $1,000, for each violation, after formal proceedings before the Board.
(f) Exception. Compliance with Act 66 will not be required in the event of an emergency.
Source The provisions of this § 25.291 adopted April 3, 1992, effective April 4, 1992, 22 Pa.B. 1574.
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