Bill Text: PA HB1280 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for medical diagnosis; and providing for liability insurance.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2012-05-02 - Laid on the table [HB1280 Detail]

Download: Pennsylvania-2011-HB1280-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NO. 1416 PRINTER'S NO. 3270
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1280 Session of2011
INTRODUCED BY PAYTON, CALTAGIRONE, READSHAW AND JOSEPHS, APRIL 5, 2011
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, MARCH 27, 2012
AN ACT
Amending the act of February 14, 1986 (P.L.2, No.2), entitled,
as amended, "An act regulating the right to practice
acupuncture; requiring the licensure of acupuncturists; and
providing a penalty," further providing for medical
diagnosis; and providing for liability insurance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3.1 of the act of February 14, 1986 <--
(P.L.2, No.2), known as the Acupuncture Registration Act, added
November 29, 2006 (P.L.1625, No.186), is amended to read:
Section 3.1. Medical diagnosis.
(a) Treatment without diagnosis.--Except as provided in
subsection (b), an acupuncturist may treat a person's condition
without the condition being diagnosed by a licensed physician,
dentist or podiatrist for 60 calendar days from the date of the
first treatment.
(b) Treatment with diagnosis.--An acupuncturist may treat a
person's condition beyond 60 calendar days from the date of the
first treatment if the person obtained a diagnosis of the
treated condition from a licensed physician, dentist or
podiatrist.
(c) Exception.--Subsections (a) and (b) shall not apply if a
person does not present any symptoms of a condition.
Section 2. The act is amended by adding a section to read:
Section 3.2. Liability insurance.
(a) Required coverage.--An acupuncturist shall obtain and
maintain, to the satisfaction of the board, professional
liability insurance coverage in the minimum amount of $1,000,000
per occurrence or claims made.
(b) Noncompliance.--Failure to maintain insurance coverage
as required under this section shall be actionable under
sections 3 and 5.
(c) Evidence of coverage.--The board shall accept as
satisfactory evidence of insurance coverage under this section
the following:
(1) self-insurance;
(2) personally purchased professional liability
insurance; or
(3) professional liability insurance coverage provided
by the acupuncturist's employer or similar type of coverage
acceptable to the board.
Section 3. This act shall take effect in 90 days.
Section 1. Section 3.1 of the act of February 14, 1986 <--
(P.L.2, No.2), known as the Acupuncture Licensure Act, added
November 29, 2006 (P.L.1625, No.186), is amended to read:
Section 3.1. Medical diagnosis.
(a) Treatment without diagnosis.--Except as provided in
subsection (b), an acupuncturist may treat a person's condition
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without the condition being diagnosed by a licensed physician,
dentist or podiatrist for 60 calendar days from the date of the
first treatment.
(b) Treatment with diagnosis.--An acupuncturist may treat a
person's condition beyond 60 calendar days from the date of the
first treatment if the person obtained a diagnosis of the
treated condition from a licensed physician, dentist or
podiatrist.
(c) Exception.--Subsections (a) and (b) shall not apply if a
person does not present any symptoms of a condition.
Section 2. The act is amended by adding a section to read:
Section 3.2. Liability insurance.
(a) Required coverage.--A licensee shall obtain and
maintain, to the satisfaction of the board, professional
liability insurance coverage in accordance with the provisions
of this section.
(b) Minimum coverage.--A licensee under this act, practicing
in this Commonwealth, shall maintain a level of professional
liability insurance coverage in the minimum amount of $1,000,000
per occurrence or claims made. Failure to maintain insurance
coverage as required shall subject the licensee to disciplinary
proceedings.
(c) Noncompliance.--A licensee shall notify the board within
30 days of the licensee's failure to be covered by the required
insurance. Failure to notify the board shall be actionable under
sections 3 and 5. The license to practice may be placed in
inactive status or suspended, as determined by the board, upon
failure to be covered by the required insurance and shall not be
restored until submission to the board of satisfactory evidence
that the licensee has the required professional liability
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insurance coverage.
(d) Evidence of noncompliance.--The board shall accept from
a licensee as satisfactory evidence of insurance coverage under
this subsection any or all of the following:
(1) Self-insurance.
(2) Personally purchased professional liability
insurance.
(3) Professional liability insurance coverage provided
by the licensee's employer or any similar type of coverage
acceptable to the board.
Section 3. This act shall take effect in 90 days.
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