act-1993-0-59•Pennsylvania Act 1993-59 — OSTEOPATHIC MEDICAL PRACTICE ACT - AMEND
Pennsylvania Act 1993-59 — OSTEOPATHIC MEDICAL PRACTICE ACT - AMEND
act-1993-0-591993 Pa. Act 59Law
Act text
OSTEOPATHIC MEDICAL PRACTICE ACT - AMEND
Act of Jul. 2, 1993, P.L. 418, No. 59 Cl. 63
Session of 1993
No. 1993-59
AN ACT
HB 1009
Amending the act of October 5, 1978 (P.L.1109, No.261), entitled
"An act requiring the licensing of practitioners of
osteopathic medicine and surgery; regulating their practice;
providing for certain funds and penalties for violations and
repeals," further providing for the State Board of
Osteopathic Medicine and for penalties; and regulating the
practice of respiratory care practitioners.
The General Assembly finds and declares that the practice of
respiratory care in this Commonwealth affects the public health,
safety and welfare and is to be subject to regulation and
control in the public interest to protect the public from the
unauthorized and unqualified practice of respiratory care and
from unprofessional conduct by persons certified to practice
respiratory care.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, is amended by adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Board-regulated practitioner." An osteopathic physician,
physician assistant or respiratory care practitioner or an
applicant for a license or certificate issued by the board.
* * *
"Respiratory care." A health care specialty employing
evaluation, analysis, care and treatment of patients with
cardiopulmonary disorders and related diseases.
"Respiratory care practitioner." An individual who is
certified to practice respiratory care by the State Board of
Osteopathic Medicine.
* * *
Section 2. Sections 2.1(a) and 6.1 of the act, added
December 20, 1985 (P.L.398, No.108), are amended to read:
Section 2.1. State Board of Osteopathic Medicine.
(a) The State Board of Osteopathic Medicine shall consist of
the Commissioner of Professional and Occupational Affairs[,] or
his designee; the Secretary of Health[,] or his designee[,]; two
members appointed by the Governor[, with the advice and consent
of a majority of the members elected to the Senate,] who shall
be persons representing the public at large[,]; one member
appointed by the Governor who shall be either a respiratory care
practitioner or a physician assistant; and [five] six members
appointed by the Governor[, with the advice and consent of a
majority of the members elected to the Senate,] who shall be
graduates of a legally incorporated and reputable college of
osteopathy and shall have been licensed to practice [osteopathy]
osteopathic medicine under the laws of this Commonwealth and
shall have been engaged in the practice of osteopathy in this
Commonwealth for a period of at least five years. All
professional and public members of the board shall be appointed
by the Governor with the advice and consent of a majority of the
members elected to the Senate. The Governor shall assure that
respiratory care practitioners and physician assistants are
appointed to four-year terms on a rotating basis so that of
every two appointments to a four-year term one is a physician
assistant and one is a respiratory care practitioner.
* * *
Section 6.1. Reporting of multiple licensure or certificates.
Any licensed osteopathic physician of this Commonwealth who
is also licensed to practice osteopathic medicine or surgery in
any other state, territory or country or any other board-
regulated practitioner licensed or certified to practice in any
other state, territory or country shall report this information
to the board on the biennial registration application. Any
disciplinary action taken in other states shall be reported to
the board on the biennial registration application or within 90
days of final disposition, whichever is sooner. Multiple
licensure shall be noted by the board on the osteopathic
physician's or other board-regulated practitioner's record, and
such state, territory or country shall be notified by the board
of any disciplinary actions taken against said osteopathic
physician or other board-regulated practitioner in this
Commonwealth.
Section 3. The act is amended by adding sections to read:
Section 10.1. Respiratory care practitioners.
(a) Eighteen months after the effective date of this
section, it shall be unlawful for any person to hold himself out
to the public as a respiratory care practitioner and to practice
or offer to practice respiratory care unless he holds a valid,
current temporary permit or certificate issued by the board.
(b) A respiratory care practitioner who holds a valid,
current temporary permit or certificate issued by the board may
use the title respiratory care practitioner or respiratory care
practitioner-certified or an appropriate abbreviation of that
title, such as "R.C.P." or "R.C.P.-C."
(c) The board is authorized to promulgate regulations to
implement this section.
(d) A respiratory care practitioner certified by the board
may implement direct respiratory care to an individual being
treated by either a licensed medical doctor or a licensed doctor
of osteopathic medicine upon physician prescription or referral
or under medical direction and approval consistent with standing
orders or protocols of an institution or health care facility.
This care may constitute indirect services, such as consultation
or evaluation of an individual, and also includes, but is not
limited to, the following services:
(1) Administration of medical gases.
(2) Humidity and aerosol therapy.
(3) Administration of aerosolized medications.
(4) Intermittent positive pressure breathing.
(5) Incentive spirometry.
(6) Bronchopulmonary hygiene.
(7) Management and maintenance of natural airways.
(8) Maintenance and insertion of artificial airways.
(9) Cardiopulmonary rehabilitation.
(10) Management and maintenance of mechanical
ventilation.
(11) Measurement of ventilatory flows, volumes and
pressures.
(12) Analysis of ventilatory gases and blood gases.
(e) This section shall not prevent or restrict the
practices, services or activities of:
(1) A person licensed or certified in this Commonwealth
to provide another health care service, including, but not
limited to, physicians, physical therapists, chiropractors,
nurses, dentists, physician assistants and podiatrists.
(2) A person rendering respiratory care services
pursuant to employment by a Federal agency.
(3) A person pursuing a course of study leading to a
degree or certificate in respiratory care in an accredited
educational program if he is clearly designated as a student
and provides care under supervision implemented through that
program.
(4) A person executing or conveying medical orders
pursuant to lawful delegation by a physician.
(5) A person who, pursuant to lawful delegation by a
physician, delivers, installs, monitors or maintains a device
which enables an individual to self-administer respiratory
care.
(6) A person qualified by academic and clinical
education to operate extracorporeal circulation equipment in
a medical or surgical setting which requires support to or
the temporary replacement of a patient's circulatory or
respiratory functions.
(f) Information or allegations filed with the board against
a respiratory care practitioner certified by the State Board of
Medicine shall be referred to that board for appropriate action.
Section 10.2. Respiratory care practitioner certificates and
permits.
(a) A respiratory care practitioner certificate issued by
the board empowers the holder to practice respiratory care under
the supervision of a licensed medical doctor or a licensed
doctor of osteopathic medicine. In a health care facility, that
supervision may consist of standing orders or protocols approved
by the institution consistent with acceptable and prevailing
medical standards which may include services rendered directly
to the patient in his home or other residence.
(b) Twelve months after the effective date of this section,
the board shall issue temporary permits for the practice of
respiratory care to individuals who have applied for
certification from the board and who meet any of the following
requirements:
(1) Graduation from an accredited respiratory care
training program recognized by the board.
(2) Enrollment in an accredited respiratory care
training program recognized by the board if the individual is
expected to graduate within 30 days from the date of
application.
(3) Designation as a "Certified Respiratory Therapy
Technician" or a "Registered Respiratory Therapist" by a
nationally recognized credentialing agency approved by the
board.
(4) Continuous provision of respiratory care services
for a minimum of 12 months immediately preceding the
effective date of this section.
(5) Holding certification, licensure or registration as
a respiratory care practitioner issued by another state, the
District of Columbia or a territory of the United States
where the requirements for licensure, registration or
certification are substantially similar to those required by
the board.
(c) Temporary permits shall be valid for 12 months and for
such additional period as the board may, in each case, specially
determine, except that a temporary permit shall expire if the
holder fails the examination. An appropriate fee for a temporary
permit shall be established by the board by regulation. If he is
not in violation of any other provision of this act, a holder of
a temporary permit qualifies for admission to the examination
and shall apply for the next regularly scheduled certification
examination administered by the board. The board is authorized
to promulgate regulations to establish procedures for
application, credentials verification, examination and
certification, together with appropriate fees.
(d) Pursuant to section 812.1 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, the
board shall contract for the development and administration of
an examination for the certification of respiratory care
practitioners. At least one administration of this examination
shall be given within 12 months of the effective date of this
section, and the examination shall thereafter be given at least
twice per year. An individual qualifying for a temporary permit
under subsection (b)(5) shall be issued a certificate by the
board without examination. An individual qualifying for a
temporary permit under subsection (b)(3) shall be issued a
certificate by the board without examination if the individual
passed an examination in order to obtain designation as a
"Certified Respiratory Therapy Technician" or a "Registered
Respiratory Therapist" and that examination was comparable to
the examination developed and administered pursuant to this
subsection.
(e) A respiratory care practitioner certificate shall be
renewed biennially upon application on a form prescribed by the
board and upon payment of a renewal fee adopted by the board by
regulation.
Section 4. Section 11(c) of the act, amended December 20,
1985 (P.L.398, No.108), is amended to read:
Section 11. Penalty provisions.
* * *
(c) Board-imposed civil penalty.--In addition to any other
civil remedy or criminal penalty provided for in this act, the
board, by a vote of the majority of the maximum number of the
authorized membership of the board as provided by law, or by a
vote of the majority of the duly qualified and confirmed
membership or a minimum of [four] five members, whichever is
greater, may levy a civil penalty of up to $1,000 on any current
licensee who violates any provision of this act or on any person
who practices osteopathic medicine without being properly
licensed to do so under this act. The board shall levy this
penalty only after affording the accused party the opportunity
for a hearing, as provided in Title 2 of the Pennsylvania
Consolidated Statutes (relating to administrative law and
procedure).
Section 5. Section 14 of the act, amended December 20, 1985,
(P.L.398, No.108), is amended to read:
Section 14. Temporary and automatic suspension.
(a) A license or certificate issued under this act may be
temporarily suspended under circumstances as determined by the
board to be an immediate and clear danger to the public health
and safety. The board shall issue an order to that effect
without a hearing, but upon due notice, to the licensee
concerned at his or her last known address, which shall include
a written statement of all allegations against the licensee. The
provisions of section 15(d) shall not apply to temporary
suspension. The board shall thereupon commence formal action to
suspend, revoke or restrict the license or certificate of the
person concerned as otherwise provided for in this act. All
actions shall be taken promptly and without delay. Within 30
days following the issuance of an order temporarily suspending a
license or certificate, the board shall conduct or cause to be
conducted, a preliminary hearing to determine that there is a
prima facie case supporting the suspension. The licensee whose
license or certificate has been temporarily suspended may be
present at the preliminary hearing and may be represented by
counsel, cross-examine witnesses, inspect physical evidence,
call witnesses, offer evidence and testimony and make a record
of the proceedings. If it is determined that there is not a
prima facie case, the suspended license or certificate shall be
immediately restored. The temporary suspension shall remain in
effect until vacated by the board, but in no event longer than
180 days.
(b) A license or certificate issued under this act shall
automatically be suspended upon the commitment to an institution
of a licensee because of mental incompetency from any cause upon
filing with the board a certified copy of such commitment,
conviction of a felony under the act of April 14, 1972 (P.L.233,
No.64), known as "The Controlled Substance, Drug, Device and
Cosmetic Act," or conviction of an offense under the laws of
another jurisdiction, which, if committed in Pennsylvania, would
be a felony under "The Controlled Substance, Drug, Device and
Cosmetic Act." As used in this section the term "conviction"
shall include a judgment, an admission of guilt or a plea of
nolo contendere. Automatic suspension under this section shall
not be stayed pending any appeal of a conviction. Restoration of
such license or certificate shall be made as in the case of
revocation or suspension of license or certificate.
Section 6. This act shall take effect in 180 days.
APPROVED--The 2nd day of July, A. D. 1993.
MARK L. SINGEL
ACTING GOVERNOR
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