2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 16 - MEDICAL PRACTICE ACT OF 1985 - LICENSE WITHOUT RESTRICTION, INSTITUTIONAL LICENSE AND TEMPORARY LICENSE

Session of 2022

No. 2022-16

 

HB 245

 

AN ACT

 

Amending the act of December 20, 1985 (P.L.457, No.112), entitled "An act relating to the right to practice medicine and surgery and the right to practice medically related acts; reestablishing the State Board of Medical Education and Licensure as the State Board of Medicine and providing for its composition, powers and duties; providing for the issuance of licenses and certificates and the suspension and revocation of licenses and certificates; provided penalties; and making repeals," further providing for license without restriction, for institutional license and for temporary license.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  Sections 29(c), 32(a) and 33(a) and (c) of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, are amended to read:

Section 29.  License without restriction.

* * *

(c)  Graduates of unaccredited medical colleges.--No license without restriction may be issued to a graduate of an unaccredited medical college unless the applicant has completed successfully, as a resident, [three] two years of approved graduate medical training, educational requirements prescribed by the board and certification by the Educational Council for Foreign Medical Graduates, or its successors.

* * *

Section 32.  Institutional license.

(a)  General rule.--An institutional license empowers the licensee to teach or practice medicine and surgery in one of the medical colleges, affiliates or hospitals within this Commonwealth. No institutional license may limit the number of affiliated facilities where a licensee may practice or teach under the institutional license.

* * *

Section 33.  Temporary license.

(a)  General rule.--A temporary license empowers the licensee to:

[(1)  teach medicine and surgery or participate in a medical procedure necessary for the well-being of a specified patient within this Commonwealth; or

(2)  practice medicine and surgery at a camp or resort for no more than three months.]

(3)  teach or demonstrate advanced medical and surgical techniques within this Commonwealth;

(4)  participate in a medical or surgical procedure necessary for the well-being of a specific patient within this Commonwealth;

(5)  practice medicine and surgery at a camp or resort  for no more than three months;

(6)  attend to the medical and surgical needs of a person visiting this Commonwealth for no more than three months;

(7)  practice medicine and surgery within this Commonwealth in response to a need for medical care created by a declaration of disaster emergency issued by the Governor under 35 Pa.C.S. § 7301(c) (relating to general authority of Governor) or any other Federal, State or local disaster emergency for a duration determined by the board; or

(8)  engage in any other purpose as deemed appropriate by the board on a case-by-case basis.

* * *

(c)  Additional conditions.--The board may impose any appropriate limitation in scope, duration or site of practice on the temporary license. Temporary licensees shall be deemed health care providers who conduct 50% or less of their health care business or practice within this Commonwealth for the purposes of the act of [October 15, 1975 (P.L.390, No.111), known as the Health Care Services Malpractice Act] March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act.

Section 2.  This act shall take effect immediately.

 

APPROVED--The 19th day of April, A.D. 2022.

 

TOM WOLF

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