Bill Text: PA SB467 | 2009-2010 | Regular Session | Introduced

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Bill Title: Regulating certain services provided by a nonresident physician.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-02 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [SB467 Detail]

Download: Pennsylvania-2009-SB467-Introduced.html

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PRINTER'S NO. 477
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 467 Session of2009
INTRODUCED BY PIPPY, ERICKSON, WONDERLING, ALLOWAY, BROWNE, FOLMER, LEACH, WOZNIAK, PILEGGI, BOSCOLA, COSTA, FERLO, RAFFERTY AND WAUGH, MARCH 2, 2009
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 2, 2009
AN ACT
Regulating certain services provided by a nonresident physician.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Telemedicine
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Licensed physician." An individual who has acquired a
license to practice medicine under the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, or the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985 or the equivalent thereof in
another jurisdiction.
"Telemedicine." The electronic transmission of medical data
between a physician located in this Commonwealth and a physician
located in another jurisdiction for purposes of interpretation,
consultation, diagnosis or treatment.
"Teleradiology." The electronic transmission of radiological
images such as X-rays, CAT scans and similar images to allow
interpretation to be made at a remote site. The term does not
include consultation between a physician located in this
Commonwealth and a physician located in another jurisdiction for
which compensation is neither given nor expected.
Section 3. Medical license requirement.
(a) License.--An individual who practices medicine, whether
the person is located in this Commonwealth or another
jurisdiction and who uses telemedicine or teleradiology relating
to a patient in this Commonwealth must be a licensed physician.
(b) Requirements.--An individual who becomes a licensed
physician in this Commonwealth in order to practice telemedicine
or teleradiology must meet all requirements applicable to
physicians in this Commonwealth.
Section 4. Exceptions from licensure requirement.
Nothing in this act shall apply to the following health care
practitioners:
(1) A medical specialist to whom the care of the patient
does not transfer and who provides consultation upon request
to a licensed physician in this Commonwealth.
(2) A physician who provides consultation to a medical
school or residency training program.
Section 5. Sanctions.
A person who violates the provisions of this act shall be
subject to criminal prosecution for the unlicensed practice of
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medicine. A person who violates the provisions of this act shall
be subject to injunctions or other action authorized to prohibit
the continued practice of medicine without a license.
Section 6. Effective date.
This act shall take effect in 60 days.
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