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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GODSHALL, MICOZZIE, REED, BOYD, CALTAGIRONE, CREIGHTON, CUTLER, EVERETT, GINGRICH, GROVE, O'NEILL, ROAE AND ROSS, JANUARY 24, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, adding and changing |
3 | definitions; further providing for the unified judicial |
4 | system; establishing the appellate division of Medical |
5 | Professional Liability Court; further providing for transfers |
6 | between intermediate appellate courts, for lien of judgments |
7 | for money, for direct appeals to the Supreme Court from |
8 | courts of common pleas, for allowance of appeals from |
9 | Superior and Commonwealth Courts, for appeals to Superior |
10 | Court from courts of common pleas, for original jurisdiction |
11 | of the Commonwealth Court and for appeals to the Commonwealth |
12 | Court from courts of common pleas; providing for the |
13 | jurisdiction of the appellate division of Medical |
14 | Professional Liability Court and for the organization and |
15 | jurisdiction of the Medical Professional Liability Court; |
16 | establishing the Medical Professional Liability Court |
17 | Qualifications Commission and prescribing its powers and |
18 | duties; further providing for selection of judicial officers, |
19 | for vacancies in judicial offices and for retention election |
20 | of judicial officers; providing for selection and retention |
21 | of judges of the Medical Professional Liability Court and for |
22 | salaries of judges of the Medical Professional Liability |
23 | Court; establishing the Medical Professional Liability Court |
24 | Fund and providing for receipts and payments; further |
25 | providing for right to appellate review and for appeals |
26 | generally; and making editorial changes. |
27 | The General Assembly of the Commonwealth of Pennsylvania |
28 | hereby enacts as follows: |
29 | Section 1. The definition of "appellate court" in section |
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1 | 102 of Title 42 of the Pennsylvania Consolidated Statutes is |
2 | amended and the section is amended by adding definitions to |
3 | read: |
4 | § 102. Definitions. |
5 | Subject to additional definitions contained in subsequent |
6 | provisions of this title which are applicable to specific |
7 | provisions of this title, the following words and phrases when |
8 | used in this title shall have, unless the context clearly |
9 | indicates otherwise, the meanings given to them in this section: |
10 | * * * |
11 | "Appellate court." Includes the Supreme Court, the Superior |
12 | Court [and], the Commonwealth Court[.] and the appellate |
13 | division of Medical Professional Liability Court. |
14 | "Appellate division." The appellate division of Medical |
15 | Professional Liability Court established under section 581 |
16 | (relating to appellate division of Medical Professional |
17 | Liability Court). |
18 | * * * |
19 | "Medical Professional Liability Court." The court |
20 | established under section 811 (relating to Medical Professional |
21 | Liability Court). |
22 | "Medical Professional Liability Court rule." A rule or order |
23 | promulgated by the Medical Professional Liability Court. |
24 | * * * |
25 | "Statewide judges." Judges of the Supreme Court, Superior |
26 | Court, Commonwealth Court and Medical Professional Liability |
27 | Court. |
28 | * * * |
29 | Section 2. Section 301 of Title 42 is amended to read: |
30 | § 301. Unified judicial system. |
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1 | The judicial power of the Commonwealth shall be vested in a |
2 | unified judicial system consisting of the: |
3 | (1) Supreme Court. |
4 | (2) Superior Court. |
5 | (3) Commonwealth Court. |
6 | (4) Medical Professional Liability Court. |
7 | [(4)] (5) Courts of common pleas. |
8 | [(5)] (6) Community courts. |
9 | [(6)] (7) Philadelphia Municipal Court. |
10 | [(7)] (8) Pittsburgh Magistrates Court. |
11 | [(8)] (9) Traffic Court of Philadelphia. |
12 | [(9)] (10) Magisterial district judges. |
13 | All courts and magisterial district judges and their |
14 | jurisdiction shall be in this unified judicial system. |
15 | Section 3. Chapter 5 of Title 42 is amended by adding a |
16 | subchapter to read: |
17 | SUBCHAPTER D |
18 | APPELLATE DIVISION OF MEDICAL PROFESSIONAL |
19 | LIABILITY COURT OF PENNSYLVANIA |
20 | Sec. |
21 | 581. Appellate division of Medical Professional Liability |
22 | Court. |
23 | 582. Powers of appellate division. |
24 | 583. Seat of appellate division. |
25 | § 581. Appellate division of Medical Professional Liability |
26 | Court. |
27 | (a) General rule.--There shall be an appellate division of |
28 | Medical Professional Liability Court which shall consist of the |
29 | president judge and the other judges in regular active service. |
30 | (b) Panels and en banc.--When reviewing orders of the |
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1 | Medical Professional Liability Court, the appellate division |
2 | shall sit in panels, and no member of the appellate division |
3 | shall participate as a member of a panel in the judicial review |
4 | of any order or other action in which the person participated as |
5 | a matter of original jurisdiction. A decision of a panel may be |
6 | reviewed by the division en banc. |
7 | § 582. Powers of appellate division. |
8 | The appellate division of Medical Professional Liability |
9 | Court shall have all powers necessary or appropriate in aid of |
10 | its jurisdiction which are agreeable to the usages and |
11 | principles of law. |
12 | § 583. Seat of appellate division. |
13 | The regular sessions of the appellate division of Medical |
14 | Professional Liability Court shall be held in the cities of |
15 | Harrisburg, Philadelphia and Pittsburgh and elsewhere as |
16 | prescribed by Medical Professional Liability Court rule. |
17 | Section 4. Sections 705, 707, 722, 724, 742, 761(a) and |
18 | 762(b) of Title 42 are amended to read: |
19 | § 705. Transfers [between] among intermediate appellate courts. |
20 | The Superior Court [and], the Commonwealth Court and the |
21 | appellate division of Medical Professional Liability Court shall |
22 | have power pursuant to general rules, on their own motion or |
23 | upon [petition] application of any party, to transfer any appeal |
24 | to [the other court] another appellate court or division for |
25 | consideration and decision with any matter pending in such other |
26 | court or division involving the same or related questions of |
27 | fact, law or discretion. |
28 | § 707. Lien of judgments for money. |
29 | Any judgment or other order of the Supreme Court, the |
30 | Superior Court [or], the Commonwealth Court or the appellate |
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1 | division of Medical Professional Liability Court for the payment |
2 | of money shall not be a lien upon real property in any county |
3 | until it is entered of record in the office of the clerk of the |
4 | court of common pleas of the county where the property is |
5 | situated, or in the office of the clerk of the branch of the |
6 | court of common pleas embracing such county, in the same manner |
7 | as a judgment transferred from the court of common pleas of |
8 | another county. |
9 | § 722. Direct appeals from courts of common pleas. |
10 | (a) General rule.--The Supreme Court shall have exclusive |
11 | jurisdiction of appeals from final orders of the courts of |
12 | common pleas in the following classes of cases: |
13 | (1) Matters prescribed by general rule. |
14 | (2) The right to public office. |
15 | (3) Matters where the qualifications, tenure or right to |
16 | serve, or the manner of service, of any member of the |
17 | judiciary is drawn in question. |
18 | (4) Automatic review of sentences as provided by [42 |
19 | Pa.C.S. §§] sections 9546(d) (relating to relief and order) |
20 | and 9711(h) (relating to review of death sentence). |
21 | (5) Supersession of a district attorney by an Attorney |
22 | General or by a court or where the matter relates to the |
23 | convening, supervision, administration, operation or |
24 | discharge of an investigating grand jury or otherwise |
25 | directly affects such a grand jury or any investigation |
26 | conducted by it. |
27 | (6) Matters where the right or power of the Commonwealth |
28 | or any political subdivision to create or issue indebtedness |
29 | is drawn in direct question. |
30 | (7) Matters where the court of common pleas has held |
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1 | invalid as repugnant to the Constitution, treaties or laws of |
2 | the United States, or to the Constitution of this |
3 | Commonwealth, any treaty or law of the United States or any |
4 | provision of the Constitution of, or of any statute of, this |
5 | Commonwealth, or any provision of any home rule charter. |
6 | (8) Matters where the right to practice law is drawn in |
7 | direct question. |
8 | (b) Exception.--The Supreme Court shall not have |
9 | jurisdiction under subsection (a)(7) of the classes of appeals |
10 | from the courts of common pleas as are under section 762 |
11 | (relating to appeals from courts of common pleas) within the |
12 | exclusive jurisdiction of the appellate division of Medical |
13 | Professional Liability Court. |
14 | § 724. Allowance of appeals from [Superior and Commonwealth |
15 | Courts] intermediate appellate courts. |
16 | (a) General rule.--Except as provided by section 9781(f) |
17 | (relating to limitation on additional appellate review), final |
18 | orders of the Superior Court and final orders of the |
19 | Commonwealth Court not appealable under section 723 (relating to |
20 | appeals from Commonwealth Court) may be reviewed by the Supreme |
21 | Court upon allowance of appeal by any two justices of the |
22 | Supreme Court upon petition of any party to the matter. |
23 | (a.1) Medical Professional Liability Court appeals.--Final |
24 | orders of the appellate division of Medical Professional |
25 | Liability Court may be reviewed by the Supreme Court upon |
26 | allowance of appeal by any two justices of the Supreme Court |
27 | upon petition of any party to the matter if the petition is |
28 | granted within 90 days after it is filed. |
29 | (a.2) Scope of review.--If the petition shall be granted, |
30 | the Supreme Court shall have jurisdiction to review the order in |
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1 | the manner provided by section 5105(d)(1) (relating to scope of |
2 | appeal). |
3 | (b) Improvident appeals.--If an appeal is improvidently |
4 | taken to the Supreme Court under section 723 in a case where the |
5 | proper mode of review is by petition for allowance of appeal |
6 | under this section, this alone shall not be a ground for |
7 | dismissal, but the papers whereon the appeal was taken shall be |
8 | regarded and acted on as a petition for allowance of appeal and |
9 | as if duly filed at the time the appeal was taken. |
10 | § 742. Appeals from courts of common pleas. |
11 | The Superior Court shall have exclusive appellate |
12 | jurisdiction of all appeals from final orders of the courts of |
13 | common pleas, regardless of the nature of the controversy or the |
14 | amount involved, except such classes of appeals as are by any |
15 | provision of this chapter within the exclusive jurisdiction of |
16 | the Supreme Court [or], the Commonwealth Court or the appellate |
17 | division of Medical Professional Liability Court. |
18 | § 761. Original jurisdiction. |
19 | (a) General rule.--The Commonwealth Court shall have |
20 | original jurisdiction of all civil actions or proceedings: |
21 | (1) Against the Commonwealth government, including any |
22 | officer thereof, acting in his official capacity, except: |
23 | (i) actions or proceedings in the nature of |
24 | applications for a writ of habeas corpus or post- |
25 | conviction relief not ancillary to proceedings within the |
26 | appellate jurisdiction of the court; |
27 | (ii) eminent domain proceedings; |
28 | (iii) actions or proceedings conducted pursuant to |
29 | Chapter 85 (relating to matters affecting government |
30 | units); |
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1 | (iv) actions or proceedings conducted pursuant to |
2 | [the act of May 20, 1937 (P.L.728, No.193), referred to |
3 | as the Board of Claims Act; and] 62 Pa.C.S. Ch. 17 Subch. |
4 | C (relating to Board of Claims); |
5 | (v) actions or proceedings in the nature of trespass |
6 | as to which the Commonwealth government formerly enjoyed |
7 | sovereign or other immunity and actions or proceedings in |
8 | the nature of assumpsit relating to such actions or |
9 | proceedings in the nature of trespass[.]; and |
10 | (vi) matters as are under Subchapter C of Chapter 8 |
11 | (relating to jurisdiction of Medical Professional |
12 | Liability Court) within the jurisdiction of the Medical |
13 | Professional Liability Court. |
14 | (2) By the Commonwealth government, including any |
15 | officer thereof, acting in his official capacity, except: |
16 | (i) eminent domain proceedings[.]; and |
17 | (ii) matters as are under section 832 (relating to |
18 | original jurisdiction) within the jurisdiction of the |
19 | Medical Professional Liability Court. |
20 | [(3) Arising under Article V of the act of May 17, 1921 |
21 | (P.L.789, No.285), known as "The Insurance Department Act of |
22 | 1921."] |
23 | (4) Original jurisdiction of which is vested in the |
24 | Commonwealth Court by any unrepealed statute hereafter |
25 | enacted. |
26 | * * * |
27 | § 762. Appeals from courts of common pleas. |
28 | * * * |
29 | (b) Exception.--The Commonwealth Court shall not have |
30 | jurisdiction of such classes of appeals from courts of common |
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1 | pleas as are by [section]: |
2 | (1) Section 722 (relating to direct appeals from courts |
3 | of common pleas) within the exclusive jurisdiction of the |
4 | Supreme Court. |
5 | (2) Section 782 (relating to appeals from Medical |
6 | Professional Liability Court original hearing matters) within |
7 | the exclusive jurisdiction of the appellate division of |
8 | Medical Professional Liability Court. |
9 | Section 5. Chapter 7 of Title 42 is amended by adding a |
10 | subchapter to read: |
11 | SUBCHAPTER E |
12 | JURISDICTION OF APPELLATE DIVISION OF |
13 | MEDICAL PROFESSIONAL LIABILITY COURT |
14 | Sec. |
15 | 781. Original jurisdiction. |
16 | 782. Appeals from Medical Professional Liability Court original |
17 | hearing matters. |
18 | 783. Answer of certified questions of law. |
19 | 784. Certification of questions of law. |
20 | § 781. Original jurisdiction. |
21 | The appellate division of Medical Professional Liability |
22 | Court shall have no original jurisdiction, except: |
23 | (1) in cases of mandamus and prohibition to: |
24 | (i) the judges of the Medical Professional Liability |
25 | Court when exercising the original jurisdiction of the |
26 | Medical Professional Liability Court; or |
27 | (ii) courts of inferior jurisdiction where such |
28 | relief is ancillary to matters within the appellate |
29 | jurisdiction of the division; and |
30 | (2) that the division, or any member thereof, shall have |
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1 | full power and authority when and as often as there may be |
2 | occasion to issue writs of habeas corpus under like |
3 | conditions returnable to the said court. |
4 | § 782. Appeals from Medical Professional Liability Court |
5 | original hearing matters. |
6 | The appellate division of Medical Professional Liability |
7 | Court shall have exclusive appellate jurisdiction of all appeals |
8 | from final orders of the Medical Professional Liability Court |
9 | entered by a single member thereof, regardless of the nature of |
10 | the controversy or the amount involved. |
11 | § 783. Answer of certified questions of law. |
12 | (a) General rule.--The appellate division of Medical |
13 | Professional Liability Court may answer questions of law |
14 | certified to it by a United States appellate court or the |
15 | highest appellate court or the intermediate appellate court of |
16 | any other state or jurisdiction, when requested by the |
17 | certifying court, if there are involved in any matter pending |
18 | before the certifying court questions of law of this |
19 | Commonwealth within the jurisdiction of the appellate division |
20 | which may be determinative of the matter in the certifying court |
21 | and as to which it appears to the certifying court there is no |
22 | controlling precedent in the decisions of the appellate |
23 | division. |
24 | (b) Contents of certification order.--A certification order |
25 | shall set forth: |
26 | (1) The questions of law to be answered. |
27 | (2) A statement of all facts relevant to the questions |
28 | certified and showing fully the nature of the controversy in |
29 | which the question arose. |
30 | (c) Preparation of certification order.--The certification |
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1 | order shall be prepared by the certifying court, signed by the |
2 | judge presiding over the matter and forwarded to the appellate |
3 | division of Medical Professional Liability Court by the clerk of |
4 | the certifying court under its official seal. The appellate |
5 | division may require the original or copies of all or of any |
6 | portion of the record before the certifying court to be filed |
7 | with the certification order if, in the opinion of the appellate |
8 | division, the record or portion thereof may be necessary in |
9 | answering the questions. |
10 | (d) Costs of certification.--Fees and costs shall be the |
11 | same as in appeals docketed before the appellate division and |
12 | shall be equally divided between the parties unless otherwise |
13 | ordered by the certifying court in its order of certification. |
14 | (e) Briefs and argument.--Proceedings in the appellate |
15 | division under this section shall be governed by Medical |
16 | Professional Liability Court rules, which may provide |
17 | specifically for the answering and certification of questions of |
18 | law under this section. |
19 | (f) Opinion.--The written opinion of the appellate division |
20 | stating the law governing the questions certified shall be sent |
21 | by the clerk under the seal of the appellate division of Medical |
22 | Professional Liability Court to the certifying court and to the |
23 | parties. An order adopting a written opinion shall be subject to |
24 | appeal under section 724(b) (relating to allowance of appeals |
25 | from intermediate appellate courts). |
26 | § 784. Certification of questions of law. |
27 | (a) General rule.--The appellate division of Medical |
28 | Professional Liability Court, on its own motion or on the |
29 | application of any party, may order certification of questions |
30 | of law to a United States appellate court or to the highest |
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1 | appellate court or the intermediate appellate court of any other |
2 | state or jurisdiction when it appears to the appellate division |
3 | that: |
4 | (1) there are involved in any matter pending before the |
5 | appellate division questions of law of the receiving |
6 | jurisdiction which may be determinative of the matter in the |
7 | appellate division; and |
8 | (2) there is not controlling precedent in the decisions |
9 | of the appellate courts of the receiving jurisdiction. |
10 | (b) Law of case.--The certification order may contain an |
11 | undertaking on behalf of the unified judicial system that the |
12 | answer to the certified question shall be deemed the law of the |
13 | case for the purposes of all further proceedings in the courts |
14 | of this Commonwealth. |
15 | (c) Procedure.--The procedures for certification from this |
16 | Commonwealth to the receiving jurisdiction shall be as provided |
17 | by the laws of the receiving jurisdiction. |
18 | Section 6. The heading of Article C of Subpart A of Part II |
19 | of Title 42 is amended to read: |
20 | ARTICLE C |
21 | MEDICAL PROFESSIONAL LIABILITY COURT |
22 | AND COURTS OF COMMON PLEAS |
23 | Section 7. Article C of Subpart A of Part II of Title 42 is |
24 | amended by adding a chapter to read: |
25 | CHAPTER 8 |
26 | ORGANIZATION AND JURISDICTION OF |
27 | MEDICAL PROFESSIONAL LIABILITY COURT |
28 | Subchapter |
29 | A. (Reserved) |
30 | B. Organization of Medical Professional Liability Court |
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1 | C. Jurisdiction of Medical Professional Liability Court |
2 | D. Transitional Provisions |
3 | SUBCHAPTER A |
4 | (RESERVED) |
5 | SUBCHAPTER B |
6 | ORGANIZATION OF MEDICAL PROFESSIONAL |
7 | LIABILITY COURT |
8 | Sec. |
9 | 811. Medical Professional Liability Court. |
10 | 812. Powers of Medical Professional Liability Court. |
11 | 813. Seat of court. |
12 | 814. Lien of judgments for money. |
13 | § 811. Medical Professional Liability Court. |
14 | There shall be a Medical Professional Liability Court of |
15 | Pennsylvania which shall consist of 18 judges. |
16 | § 812. Powers of Medical Professional Liability Court. |
17 | The Medical Professional Liability Court shall have power to |
18 | issue, under its judicial seal, every lawful writ and process |
19 | necessary or suitable for the exercise of its jurisdiction and |
20 | for the enforcement of any order which it may make, including |
21 | such writs and process to or to be served or enforced by system |
22 | and related personnel as the courts of common pleas are |
23 | authorized by law or usage to issue. The court shall also have |
24 | all powers of a court of record possessed by the courts of |
25 | common pleas. |
26 | § 813. Seat of court. |
27 | (a) Central filing.--The Medical Professional Liability |
28 | Court shall maintain offices for the receipt of filings at one |
29 | or more locations within this Commonwealth as may be prescribed |
30 | by Medical Professional Liability Court rule. The Medical |
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1 | Professional Liability Court is comprised of three districts as |
2 | follows: |
3 | (1) The eastern district comprises the counties of |
4 | Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, |
5 | Montgomery, Northampton and Philadelphia. |
6 | (2) The middle district comprises the counties of Adams, |
7 | Bradford, Cameron, Carbon, Centre, Clinton, Columbia, |
8 | Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, |
9 | Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, |
10 | Montour, Northumberland, Perry, Pike, Potter, Schuylkill, |
11 | Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming |
12 | and York. |
13 | (3) The western district comprises the counties of |
14 | Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, |
15 | Cambria, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, |
16 | Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, |
17 | Somerset, Venango, Warren, Washington and Westmoreland. |
18 | (b) Regular sessions.--The regular sessions of the Medical |
19 | Professional Liability Court shall be held in the eastern |
20 | district of Pennsylvania with locations in Media and Scranton, |
21 | middle district of Pennsylvania with locations in Harrisburg and |
22 | Williamsport and western district of Pennsylvania with locations |
23 | in Pittsburgh and Erie. |
24 | (c) Other sessions.--Within the limits of available |
25 | appropriations, special sessions of the Medical Professional |
26 | Liability Court may be held at such other places from time to |
27 | time within this Commonwealth as may be necessary for the |
28 | convenience of parties or witnesses. |
29 | (d) Reimbursement.--When regular or other sessions of the |
30 | Medical Professional Liability Court are held in facilities |
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1 | provided by counties under this section, reimbursement for |
2 | actual and reasonable expenses shall be made to the counties |
3 | from the Medical Professional Liability Court Fund. |
4 | § 814. Lien of judgments for money. |
5 | Any judgment or other order of the Medical Professional |
6 | Liability Court for the payment of money shall not be a lien |
7 | upon real property in any county until it is entered of record |
8 | in the office of the clerk of the court of common pleas of the |
9 | county in which the property is situated, or in the office of |
10 | the clerk of the branch of the court of common pleas embracing |
11 | such county, in the same manner as a judgment transferred from |
12 | the court of common pleas of another county. |
13 | SUBCHAPTER C |
14 | JURISDICTION OF MEDICAL PROFESSIONAL |
15 | LIABILITY COURT |
16 | Sec. |
17 | 831. Definitions. |
18 | 832. Original jurisdiction. |
19 | 833. Exclusive jurisdiction. |
20 | § 831. Definitions. |
21 | The following words and phrases when used in this subchapter |
22 | shall have the meanings given to them in this section unless the |
23 | context clearly indicates otherwise: |
24 | "Health care provider." An individual or health care |
25 | facility that is licensed, certified or otherwise authorized to |
26 | provide health care under the laws of this Commonwealth. The |
27 | term also includes both of the following: |
28 | (1) An officer, employee or agent of a health care |
29 | provider acting within the scope of the person's duties and |
30 | authority. |
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1 | (2) A legal entity through which one or more health care |
2 | providers deliver health care, including a professional |
3 | corporation, a partnership or limited liability company. |
4 | "Medical professional liability claim." A claim brought by |
5 | or on behalf of an individual seeking damages for loss sustained |
6 | by the individual as a result of an injury or wrong to the |
7 | individual or another individual arising from a health care |
8 | provider's provision of or failure to provide health care |
9 | regardless of the theory of liability. A medical professional |
10 | liability claim includes, but is not limited to, a claim |
11 | grounded in negligence, informed consent, breach of contract, |
12 | misrepresentation or fraud. |
13 | § 832. Original jurisdiction. |
14 | The Medical Professional Liability Court shall have original |
15 | jurisdiction of all civil actions or proceedings against a |
16 | health care provider for all medical professional liability |
17 | claims. |
18 | § 833. Exclusive jurisdiction. |
19 | Except as provided under section 721 (relating to original |
20 | jurisdiction), the jurisdiction of the Medical Professional |
21 | Liability Court under section 832 (relating to original |
22 | jurisdiction) shall be exclusive. |
23 | SUBCHAPTER D |
24 | TRANSITIONAL PROVISIONS |
25 | Sec. |
26 | 841. Organization of court. |
27 | 842. Existing cases unaffected. |
28 | 843. Rules. |
29 | 844. Procurement of juries. |
30 | 845. Filing fees. |
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1 | 846. Expiration review. |
2 | § 841. Organization of court. |
3 | (a) General rule.--The Medical Professional Liability Court |
4 | shall meet and organize in the City of Harrisburg. The court |
5 | shall procure the necessary supplies, equipment and personnel to |
6 | commence operation and promulgate any necessary rules of court |
7 | or operating procedures. When the court is organized and ready |
8 | for the transaction of business, the president judge of the |
9 | court shall so certify to the Governor, who shall issue a |
10 | proclamation stating that the court is organized and ready for |
11 | the transaction of its judicial business. |
12 | (b) Initial term of office.--The Governor shall proceed to |
13 | appoint persons to serve as judges of the court for purposes of |
14 | organizing its affairs. In order to permit the efficient |
15 | organization of the court, the date of appointment by the |
16 | Governor shall be deemed to be the date on which the vacancies |
17 | in the offices of the initial judges of the court filled by the |
18 | Governor under this subsection occurred, so that the first |
19 | election of judges of the court shall not be held until the |
20 | first municipal election following the initial appointment by |
21 | the Governor. |
22 | § 842. Existing cases unaffected. |
23 | A change in jurisdiction effected by amendments to this title |
24 | or to any other act shall not affect the jurisdiction of any |
25 | court over any pending matter, but, in the interest of justice, |
26 | an existing matter may be transferred to the Medical |
27 | Professional Liability Court. |
28 | § 843. Rules. |
29 | (a) Medical Professional Liability Court.--Prior to the |
30 | commencement of operations, specific rules shall be adopted that |
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1 | will be applicable to original matters heard in Medical |
2 | Professional Liability Court. |
3 | (b) Appellate division.--Until otherwise provided by Medical |
4 | Professional Liability Court rule, the Pennsylvania Rules of |
5 | Appellate Procedure shall be applicable to matters in the |
6 | appellate division of Medical Professional Liability Court, and |
7 | rules of court promulgated by the Medical Professional Liability |
8 | Court applicable in the appellate division shall be classified |
9 | under Pa.R.A.P. No.104 (relating to rules of court). |
10 | § 844. Procurement of juries. |
11 | (a) Master list of prospective jurors.--At least annually |
12 | the jury selection commission shall prepare a district-wide |
13 | master list of prospective jurors for each judicial district. |
14 | This list shall contain all voter registration lists for each |
15 | district, which lists may be incorporated by reference, or names |
16 | from other lists which in the opinion of the commission will |
17 | provide a number of names of prospective jurors which is equal |
18 | to or greater than the number of names contained in the voter |
19 | registration list. The commission may, but shall not be required |
20 | to, supplement the master list of prospective jurors to include, |
21 | without being limited to, persons in any of the following |
22 | categories: |
23 | (1) Persons listed in telephone directories, city |
24 | directories, municipal directories and similar directories. |
25 | (2) Persons who pay taxes or are assessed for taxes |
26 | imposed by any political subdivisions. |
27 | (3) Persons in the county participating in any State, |
28 | county or local program authorized by law and, to the extent |
29 | such names are available, persons participating in any |
30 | Federal program authorized by law. |
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1 | (4) Persons who are on school census lists. |
2 | (5) Any other person whose name does not appear in the |
3 | master list of prospective jurors and who meets the |
4 | qualifications for jurors set forth in this chapter and who |
5 | makes application to the commission to be listed on the |
6 | master list of prospective jurors. |
7 | (b) Selection, compensation and maintenance of jurors.-- |
8 | Except as provided under subsection (a) or unless otherwise |
9 | provided by the Medical Professional Liability Court, the |
10 | procedures for the selection, compensation and maintenance of |
11 | juries for service in the Commonwealth Court shall be applicable |
12 | to the selection, compensation and maintenance of juries in the |
13 | Medical Professional Liability Court. |
14 | § 845. Filing fees. |
15 | Until otherwise provided by Medical Professional Liability |
16 | Court rule, the fee bill applicable in the Commonwealth Court |
17 | shall be applicable in the Medical Professional Liability Court. |
18 | § 846. Expiration review. |
19 | (a) Reports to General Assembly.--The following reports |
20 | shall be submitted within 120 days after the expiration of ten |
21 | years after entry by the Medical Professional Liability Court of |
22 | its first final order in any action, proceeding or appeal: |
23 | (1) The Medical Professional Liability Court shall |
24 | submit to the General Assembly any recommendations for |
25 | legislation relating to size, structure or operations of the |
26 | court. |
27 | (2) The Attorney General shall submit a report to the |
28 | General Assembly reviewing and commenting upon the operations |
29 | of the Medical Professional Liability Court and making any |
30 | recommendations for legislation relating to size, structure |
|
1 | or operations of the court. |
2 | (b) Request for comments.--Appropriate committees of the |
3 | General Assembly shall request comments from the organized bar |
4 | and the general public concerning the size, structure and |
5 | operations of the Medical Professional Liability Court. |
6 | Section 8. Chapter 21 of Title 42 is amended by adding a |
7 | subchapter to read: |
8 | SUBCHAPTER G |
9 | MEDICAL PROFESSIONAL LIABILITY COURT |
10 | QUALIFICATIONS COMMISSION |
11 | Sec. |
12 | 2161. Medical Professional Liability Court Qualifications |
13 | Commission. |
14 | 2162. Composition of Medical Professional Liability Court |
15 | Qualifications Commission. |
16 | 2163. Organization. |
17 | 2164. Powers and duties. |
18 | § 2161. Medical Professional Liability Court Qualifications |
19 | Commission. |
20 | (a) General rule.--The Medical Professional Liability Court |
21 | Qualifications Commission shall consist of 12 residents of this |
22 | Commonwealth selected as provided under this subchapter. |
23 | (b) Seal.--The Medical Professional Liability Court |
24 | Qualifications Commission shall have a seal engraved with its |
25 | name and such other inscriptions as may be specified by Medical |
26 | Professional Liability Court rule. A facsimile or preprinted |
27 | seal may be used for all purposes in lieu of the original seal. |
28 | (c) Status.--The Medical Professional Liability Court |
29 | Qualifications Commission shall not be deemed to be an agency |
30 | for purposes of 65 Pa.C.S. Ch. 7 (relating to open meetings). |
|
1 | § 2162. Composition of Medical Professional Liability Court |
2 | Qualifications Commission. |
3 | (a) General rule.--The Medical Professional Liability Court |
4 | Qualifications Commission shall consist of: |
5 | (1) Three commissioners appointed by the President pro |
6 | tempore of the Senate. |
7 | (2) Three commissioners appointed by the Minority Leader |
8 | of the Senate. |
9 | (3) Three commissioners appointed by the Speaker of the |
10 | House of Representatives. |
11 | (4) Three commissioners appointed by the Minority Leader |
12 | of the House of Representatives. |
13 | (b) Qualifications.--Two of the commissioners appointed |
14 | under each paragraph of subsection (a) shall be members of the |
15 | bar of the courts of this Commonwealth. The third commissioner |
16 | appointed in each case shall be a nonlawyer elector. |
17 | (c) Terms of office.--Except as provided under subsection |
18 | (e), each commissioner shall be appointed for a four-year term. |
19 | A commissioner shall not be appointed for more than two |
20 | successive full terms. An appointment to fill an unexpired term |
21 | which has fewer than two years remaining shall not be deemed a |
22 | full term. A vacancy on the commission shall be filled for the |
23 | balance of the term by appointment made by the person who at the |
24 | time is the ranking member in the same chamber of the General |
25 | Assembly and of the same political party as the person who |
26 | appointed the vacating member of the commission. |
27 | (d) Restriction on public or political activities.--During a |
28 | commissioner's term of service, a commissioner shall not hold: |
29 | (1) A compensated public office or public appointment. |
30 | (2) Office in any political party or political |
|
1 | organization. |
2 | (e) Transitional provisions.-- |
3 | (1) The initial Medical Professional Liability Court |
4 | Qualifications Commission provided for under this section |
5 | shall come into existence upon the effective date of this |
6 | chapter. |
7 | (2) The initial members of the Medical Professional |
8 | Liability Court Qualifications Commission shall serve as |
9 | follows: |
10 | (i) the commissioners appointed by the President pro |
11 | tempore of the Senate, one each for two, three and four |
12 | years; |
13 | (ii) the commissioners appointed by the Minority |
14 | Leader of the Senate, one each for two, three and four |
15 | years; |
16 | (iii) the commissioners appointed by the Speaker of |
17 | the House of Representatives, one each for one, two and |
18 | three years; and |
19 | (iv) the commissioners appointed by the Minority |
20 | Leader of the House of Representatives, one each for one, |
21 | two and three years. |
22 | § 2163. Organization. |
23 | The Medical Professional Liability Court Qualifications |
24 | Commission shall elect a presiding officer from among its |
25 | members and shall establish its own rules of procedure. The |
26 | Medical Professional Liability Court shall furnish staff support |
27 | as may be necessary for the conduct of the business of the |
28 | commission. The cost and expense of the commission shall be paid |
29 | out of the Medical Professional Liability Court Fund established |
30 | under section 3591 (relating to Medical Professional Liability |
|
1 | Court Fund). |
2 | § 2164. Powers and duties. |
3 | (a) General rule.--The Medical Professional Liability Court |
4 | Qualifications Commission shall evaluate the qualifications of |
5 | all of the following: |
6 | (1) Applicants seeking election as a judge of the |
7 | Medical Professional Liability Court who request evaluation |
8 | of their qualifications under section 3161(c) (relating to |
9 | election of judges of Medical Professional Liability Court). |
10 | (2) Applicants seeking appointment by the Governor to a |
11 | vacancy on the Medical Professional Liability Court under |
12 | section 3162 (relating to vacancies in office of judge of |
13 | Medical Professional Liability Court). |
14 | (3) Judges of the Medical Professional Liability Court |
15 | who seek retention in office under section 3163 (relating to |
16 | retention of judges of Medical Professional Liability Court). |
17 | (b) Rules and regulations.--The commission may adopt rules |
18 | and regulations as it deems necessary to discharge its duties. |
19 | (c) Immunity.--A member of the commission shall not be held |
20 | to have violated any criminal law or to be civilly liable under |
21 | any law by reason of the performance by the member of any duty, |
22 | function or activity authorized or required of the commission if |
23 | the member has exercised due care in his performance. This |
24 | subsection shall not apply with respect to any action taken by |
25 | any individual if the individual, in taking the action, was |
26 | motivated by malice toward any person affected by the action. |
27 | Section 9. Sections 3131, 3132 and 3153 of Title 42 are |
28 | amended by adding subsections to read: |
29 | § 3131. Selection of judicial officers for regular terms. |
30 | * * * |
|
1 | (f) Medical Professional Liability Court.--The judges of the |
2 | Medical Professional Liability Court shall be elected in the |
3 | manner provided under section 3161 (relating to election of |
4 | judges of Medical Professional Liability Court). |
5 | § 3132. Vacancies in office. |
6 | * * * |
7 | (e) Medical Professional Liability Court.--Subsections (a) |
8 | through (d) shall not apply to a vacancy in the office of a |
9 | judge of the Medical Professional Liability Court. The |
10 | provisions of section 3162 (relating to vacancies in office of |
11 | judge of Medical Professional Liability Court) shall apply. |
12 | § 3153. Retention elections after regular term. |
13 | * * * |
14 | (d) Medical Professional Liability Court.--Except as |
15 | provided under section 3163 (relating to retention of judges of |
16 | Medical Professional Liability Court), subsections (a), (b) and |
17 | (c) shall apply to the judges of the Medical Professional |
18 | Liability Court. |
19 | Section 10. Chapter 31 of Title 42 is amended by adding a |
20 | subchapter to read: |
21 | SUBCHAPTER E |
22 | SELECTION AND RETENTION OF JUDGES |
23 | OF MEDICAL PROFESSIONAL LIABILITY COURT |
24 | Sec. |
25 | 3161. Election of judges of Medical Professional Liability |
26 | Court. |
27 | 3162. Vacancies in office of judge of Medical Professional |
28 | Liability Court. |
29 | 3163. Retention of judges of Medical Professional Liability |
30 | Court. |
|
1 | § 3161. Election of judges of Medical Professional Liability |
2 | Court. |
3 | (a) General rule.--Judges of the Medical Professional |
4 | Liability Court shall be elected for a regular term of office at |
5 | the municipal election next preceding the commencement of their |
6 | respective regular terms of office by the electors of this |
7 | Commonwealth. |
8 | (b) Special procedures.--The judges of the Medical |
9 | Professional Liability Court shall be elected as provided in the |
10 | act of June 3, 1937 (P.L.1333, No.320), known as the |
11 | Pennsylvania Election Code, except that: |
12 | (1) The following dates prescribed by the Pennsylvania |
13 | Election Code shall not apply: |
14 | (i) The date by which the Secretary of the |
15 | Commonwealth is to notify the county boards of election |
16 | of the offices for which candidates are to be nominated |
17 | at the ensuing primary. |
18 | (ii) The date by which the county boards of election |
19 | are to publish notice of public offices for which |
20 | nominations are to be made. |
21 | (2) The date before and after which nomination petitions |
22 | and nomination papers may be circulated shall be 60 days |
23 | prior to the dates that would otherwise apply in the absence |
24 | of this section. |
25 | (3) Candidates for nomination who desire to have their |
26 | qualifications evaluated by the Medical Professional |
27 | Liability Court Qualifications Commission shall proceed as |
28 | provided in subsection (c). Candidates who do not desire to |
29 | have their qualifications evaluated by the commission shall |
30 | not be subject to subsection (c) and shall proceed instead in |
|
1 | the manner provided in the Pennsylvania Election Code. |
2 | (4) Candidates for nomination shall present a nominating |
3 | petition containing valid signatures of at least 1,000 |
4 | registered and enrolled members of the proper party, |
5 | including at least 100 members from each of at least five |
6 | counties. |
7 | (5) Each person filing a nomination petition or |
8 | nomination papers for a candidate shall pay a filing fee, at |
9 | the time of filing either with the commission or the |
10 | Department of State, as the case may be, of $200. A |
11 | nomination petition or nomination papers shall not be |
12 | accepted or filed unless and until the filing fee is paid in |
13 | cash or by certified or cashier's check or money order made |
14 | payable to the Commonwealth of Pennsylvania. All moneys paid |
15 | on account of filing fees for candidates for nomination for |
16 | the office of judge of the Medical Professional Liability |
17 | Court shall be transmitted to the State Treasurer and shall |
18 | become part of the Medical Professional Liability Court Fund. |
19 | (6) (Reserved). |
20 | (7) On all official ballots except absentee ballots, the |
21 | names of all candidates from the same political party for |
22 | nomination or election shall be rotated from one precinct to |
23 | another. On absentee ballots the names of those candidates |
24 | shall be so alternated that each name shall appear, insofar |
25 | as reasonably possible, substantially an equal number of |
26 | times at the beginning, at the end and at each intermediate |
27 | place, if any, of the group of candidates from the same |
28 | political party. |
29 | (c) Evaluation of qualifications.--Candidates who desire to |
30 | have their qualifications evaluated by the commission shall |
|
1 | proceed in the following fashion: |
2 | (1) Nomination petitions and nomination papers shall be |
3 | filed with the commission instead of the Department of State |
4 | and must be filed with the commission no later than 60 days |
5 | prior to the date for filing nomination petitions and |
6 | nomination papers generally. |
7 | (2) The affidavit of candidates submitted to the |
8 | commission shall be in the form prescribed by the |
9 | Pennsylvania Election Code, with additional information as |
10 | may be required by the rules and regulations of the |
11 | commission. |
12 | (3) The commission shall evaluate the qualifications of |
13 | each candidate in accordance with such criteria and measures |
14 | of qualification as the commission promulgates in regulations |
15 | and shall assign each candidate a rating of one of the |
16 | following: |
17 | (i) Extremely well qualified. |
18 | (ii) Well qualified. |
19 | (iii) Qualified. |
20 | (iv) Unqualified. |
21 | (4) The commission shall publish in the Pennsylvania |
22 | Bulletin a report containing the rating assigned to each |
23 | candidate by the commission. The report of the commission |
24 | shall be published not later than the date the nomination |
25 | petition or nomination papers of the candidate would have |
26 | been due to be filed absent the provisions of this |
27 | subsection. The report shall include the nomination petition |
28 | or nomination papers and the affidavit of the candidate. |
29 | (5) A determination by the commission to report a |
30 | candidate as unqualified may be challenged in the same manner |
|
1 | as a contested nomination of the second class under Article |
2 | XVII(b) of the Pennsylvania Election Code, except that the |
3 | petition commencing the proceeding shall be filed by the |
4 | candidate himself within 20 days after the last day for |
5 | filing reports of the commission with the Department of |
6 | State. A determination by the commission to report a |
7 | candidate as extremely well qualified, well qualified or |
8 | qualified shall not be subject to challenge. |
9 | § 3162. Vacancies in office of judge of Medical Professional |
10 | Liability Court. |
11 | (a) General rule.--A vacancy in the office of judge of the |
12 | Medical Professional Liability Court shall be filled by |
13 | appointment by the Governor in the manner provided in this |
14 | section. |
15 | (b) Advertisement of vacancy.--Whenever a vacancy occurs in |
16 | the office of judge of the Medical Professional Liability Court, |
17 | the Medical Professional Liability Court Qualifications |
18 | Commission shall publicly advertise the vacancy and solicit |
19 | applications. When it is known that a vacancy will occur in the |
20 | future on a date certain, the process under this section may |
21 | begin 90 days prior to that date. |
22 | (c) Preparation of list.--From the applications received, |
23 | the commission shall prepare and submit to the Governor a list |
24 | of not more than seven persons who are qualified to hold the |
25 | office of judge of the Medical Professional Liability Court. |
26 | When more than one vacancy exists, the maximum number of persons |
27 | who may be included on the list submitted to the Governor shall |
28 | be increased by two persons for each additional vacancy. The |
29 | list shall be submitted to the Governor no later than 60 days |
30 | after the vacancy occurs. Immediately following submission of |
|
1 | the list to the Governor, the list shall be filed with the |
2 | Senate and made public by the commission. The commission shall |
3 | maintain the confidentiality of the information on the list but |
4 | disclose the names of applicants whose names do not appear on |
5 | the list and applicants who have not requested that their names |
6 | remain confidential. |
7 | (d) Vote required for commission endorsement.--The list |
8 | submitted to the Governor shall contain the names of those |
9 | persons who receive affirmative votes from eight or more |
10 | commissioners, except that the number of persons shall not |
11 | exceed the limitations imposed under subsection (c). |
12 | (e) Nomination to Senate.--The Governor shall nominate from |
13 | the list one person for each vacancy with respect to which a |
14 | list of recommended applicants has been submitted. If the |
15 | Governor does not nominate, within 30 days of receipt of the |
16 | list, as many of the persons recommended as there are vacancies |
17 | to be filled, the first person or persons named on the list in |
18 | the order determined by the commission who have not been |
19 | nominated by the Governor, up to the number of vacancies the |
20 | Governor has failed to make nominations for, shall be deemed |
21 | nominated. |
22 | (f) Action by Senate.--Senate action on a nomination to fill |
23 | a vacancy in the office of judge of the Medical Professional |
24 | Liability Court shall be in accordance with section 8 of Article |
25 | IV of the Constitution of Pennsylvania. |
26 | (g) Substitute nominations.--The Governor may make a |
27 | substitute nomination from the list within 30 days after |
28 | receiving notification from the Senate of the rejection of a |
29 | prior nominee. If the Governor does not make a substitute |
30 | nomination under this subsection, the ranking person on the list |
|
1 | who has not been rejected by the Senate shall be deemed |
2 | nominated as a substitute. |
3 | (h) Rejection of all candidates.--If all of the persons on a |
4 | list have been nominated and rejected by the Senate, the Senate |
5 | shall so notify the commission. The commission shall meet within |
6 | ten days of receipt of notification by the Senate and publicly |
7 | select by lot one person from the list. The person selected |
8 | shall thereupon be deemed appointed and confirmed to the vacant |
9 | position and shall be so commissioned by the Governor. |
10 | § 3163. Retention of judges of Medical Professional Liability |
11 | Court. |
12 | At the expiration of the term of office of a judge of the |
13 | Medical Professional Liability Court, the judge shall be subject |
14 | to retention in office and retirement as provided under this |
15 | part except that whenever a judge of the Medical Professional |
16 | Liability Court files a declaration of candidacy for retention |
17 | election, the Medical Professional Liability Court |
18 | Qualifications Commission shall review the judge's judicial |
19 | performance and shall, on or before the first Monday of April of |
20 | the year of the retention election, report to the Department of |
21 | State whether or not in the opinion of the commission the judge |
22 | is qualified to be retained in office. |
23 | Section 11. Title 42 is amended by adding a section to read: |
24 | § 3582. Salaries of judges of Medical Professional Liability |
25 | Court. |
26 | (a) Salaries.--The annual salary of the President Judge of |
27 | the Medical Professional Liability Court shall be $104,500. The |
28 | annual salary of each of the other judges of the Medical |
29 | Professional Liability Court shall be $104,000. |
30 | (b) Annual cost-of-living adjustment.--Beginning January 1, |
|
1 | 2008, and each January 1 thereafter, the annual salaries under |
2 | this section shall be increased by the percentage change in the |
3 | Consumer Price Index for All Urban Consumers (CPI-U) for the |
4 | Pennsylvania, New Jersey, Delaware and Maryland area for the |
5 | most recent 12-month period for which figures have been |
6 | officially reported by the Department of Labor, Bureau of Labor |
7 | Statistics, immediately prior to the date the adjustment is due |
8 | to take effect. The percentage increase and salary amounts shall |
9 | be determined prior to the annual effective date of the |
10 | adjustment by the Supreme Court and shall be published in the |
11 | Pennsylvania Bulletin by the Court Administrator of Pennsylvania |
12 | within 20 days of the date the determination is made. |
13 | Section 12. Chapter 35 of Title 42 is amended by adding a |
14 | subchapter to read: |
15 | SUBCHAPTER G |
16 | MEDICAL PROFESSIONAL LIABILITY COURT FUND |
17 | Sec. |
18 | 3591. Medical Professional Liability Court Fund. |
19 | 3592. Receipts and other credits. |
20 | 3593. Payments and other debits. |
21 | § 3591. Medical Professional Liability Court Fund. |
22 | There shall be established in the State Treasury a special |
23 | operating fund to be known as the Medical Professional Liability |
24 | Court Fund. Debits and credits shall be made to that fund under |
25 | this subchapter. The operating and capital expenses of the |
26 | Medical Professional Liability Court shall be paid solely from |
27 | the Medical Professional Liability Court Fund. |
28 | § 3592. Receipts and other credits. |
29 | (a) General rule.--There shall be paid or credited to the |
30 | Medical Professional Liability Court Fund: |
|
1 | (1) Amounts appropriated to the Medical Professional |
2 | Liability Court in the manner provided by law. |
3 | (2) The following surcharges, which are hereby imposed: |
4 | (i) A surcharge upon the health care facility |
5 | licensure application and renewal fees of the Department |
6 | of Health under section 807(b) of the act of July 19, |
7 | 1979 (P.L.130, No.48), known as the Health Care |
8 | Facilities Act, in the amount of 10% of each fee. |
9 | (ii) A surcharge upon the civil penalties collected |
10 | by the Department of Health under section 817(b) of the |
11 | Health Care Facilities Act, in the amount of 25% of each |
12 | fee. |
13 | (iii) A surcharge upon the licensing, examination, |
14 | registration, certificates and other fees of all health |
15 | care-related professionals of the Bureau of Professional |
16 | and Occupational Affairs of the Department of State, in |
17 | the amount of 10% of each fee. |
18 | (3) Amounts received by the Commonwealth on account of |
19 | the operation of the Medical Professional Liability Court. |
20 | Fees and charges of the Medical Professional Liability Court |
21 | shall be fixed by the governing authority of the Medical |
22 | Professional Liability Court with a view initially to the |
23 | operation of the Medical Professional Liability Court on a |
24 | self-sustaining basis to the extent feasible and eventually |
25 | to the elimination of the surcharges under paragraph (2)(ii) |
26 | and (iii) and the reduction of the surcharge under paragraph |
27 | (2)(i). |
28 | (b) Money paid into court.--Money paid into court shall not |
29 | be credited to the Medical Professional Liability Court Fund |
30 | except to the extent that the amounts constitute an allowance |
|
1 | due a public officer upon the amount levied under an execution. |
2 | § 3593. Payments and other debits. |
3 | There shall be disbursed from or debited to the Medical |
4 | Professional Liability Court Fund amounts payable by the |
5 | Commonwealth on account of the operation of the Medical |
6 | Professional Liability Court. |
7 | Section 13. Sections 5105(b) and 5571(a) of Title 42 are |
8 | amended to read: |
9 | § 5105. Right to appellate review. |
10 | * * * |
11 | (b) Successive appeals.-- |
12 | (1) Except as otherwise provided in this subsection, the |
13 | rights conferred by subsection (a) are cumulative, so that a |
14 | litigant may as a matter of right cause a final order of any |
15 | tribunal in any matter which itself constitutes an appeal to |
16 | such tribunal, to be further reviewed by the court having |
17 | jurisdiction of appeals from such tribunal. Except as |
18 | provided in section 723 (relating to appeals from [the] |
19 | Commonwealth Court) there shall be no right of appeal from |
20 | the Superior Court or the Commonwealth Court to the Supreme |
21 | Court under this section or otherwise. |
22 | (2) There shall be a right of appeal in all cases from |
23 | the Medical Professional Liability Court to its appellate |
24 | division, which shall constitute a separate court for the |
25 | purposes of section 9 of Article V of the Constitution of |
26 | Pennsylvania. Except as provided under section 724(b) |
27 | (relating to allowance of appeals from intermediate appellate |
28 | courts), there shall be no right of appeal from the Medical |
29 | Professional Liability Court or the appellate division of the |
30 | Medical Professional Liability Court to the Supreme Court |
|
1 | under this section or any other provision of law. |
2 | * * * |
3 | § 5571. Appeals generally. |
4 | (a) General rule.--The time for filing an appeal, a petition |
5 | for allowance of appeal, a petition for permission to appeal or |
6 | a petition for review of a quasi-judicial order, in the Supreme |
7 | Court, the Superior Court [or], the Commonwealth Court or the |
8 | Medical Professional Liability Court shall be governed by |
9 | general rules. No other provision of this subchapter shall be |
10 | applicable to matters subject to this subsection. |
11 | * * * |
12 | Section 14. This act shall take effect in 30 days. |
|