Pennsylvania Reporting Statute

The information on this page was last updated by Horty, Springer & Mattern on January 15, 2019.

PENNSYLVANIA

REPORTING REQUIREMENTS

Pa. Stat. Ann. 35 P.S. §448.806a. Reporting incidents of professional misconduct

(a) Reports required.–Health care facilities and hospitals, licensed under this act, shall make a report or cause a report to be made to the State Board of Medical Education and Licensure or the State Board of Osteopathic Examiners, whichever is applicable, within 60 days of the occurrence of any of the following:

(1) The termination or curtailment of the employment, association or professional privileges of a physician, licensed under the provisions of the act of July 20, 1974 (P.L. 551, No. 190), known as the “Medical Practice Act of 1974,” [63 P.S. § 421.1 et seq. (repealed; see, now, 63 P.S. § 422.1 et seq.)] or the act of October 5, 1978 (P.L. 1109, No. 261), known as the “Osteopathic Medical Practice Act,” [63 P.S. § 271.1 et seq.] whichever the case may be, with a health care facility or hospital where there exists reasonable cause to believe malpractice or misconduct has occurred.

(2) The resignation or withdrawal of association or of privileges with a facility or hospital to avoid the imposition of disciplinary measures.

(3) The receipt of written information which establishes that any physician who has a right to practice or who has applied to practice at the health care facility or hospital has been convicted of a felony.

(b) Contents.–Reports made pursuant to this section shall be made in writing to the State Board of Medical Education and Licensure or the State Board of Osteopathic Examiners, whichever is appropriate, with respect to any physician as licensed under acts referred to in subsection (a). Written reports shall include the following information: name, address, profession and license number of the person involved, a description of the action taken by the facility or hospital, including the reason therefor and date thereof, or the nature of the action or conduct which led to the resignation or withdrawal and the date thereof, any conviction of a felony of which the facility or hospital has received the written information required by subsection (a)(3) and such other information as the Department of State may require.

(c) Confidentiality.–

(1) Any report or information furnished to the boards in question, in accordance with the provisions of this section, shall be deemed a confidential communication and shall not be subject to inspection or disclosure, in any manner, except upon formal written request by a duly authorized public agency or pursuant to a judicial subpoena issued in a pending action or proceeding.

(2) Any person, facility or corporation which makes a report pursuant to this section in good faith and without malice shall have immunity from any liability, civil or criminal, for having made such a report. For the purpose of any proceeding, civil or criminal, the good faith of any person required to make a report shall be presumed.

63 P.S. §422.4. Impaired professionals [applicable to allopathic physicians]

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(f) Reports to the board.–Any hospital or health care facility, peer or colleague who has substantial evidence that a professional has an active addictive disease for which the professional is not receiving treatment, is diverting a controlled substance or is mentally or physically incompetent to carry out the duties of his or her license shall make or cause to be made a report to the board: Provided, That any person or facility who acts in a treatment capacity to an impaired physician in an approved treatment program is exempt from the mandatory reporting requirements of this subsection. Any person or facility who reports pursuant to this section in good faith and without malice shall be immune from any civil or criminal liability arising from such report. Failure to provide such report within a reasonable time from receipt of knowledge of impairment shall subject the person or facility to a fine not to exceed $1,000. 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).

Identical language applicable to osteopathic physicians can be found at 63 P.S. §271.16c. In addition, identical language applicable to other health care professionals can be found as follows: podiatrists at 63 P.S. §42.21b, optometrists at 63 P.S. §244.7a, chiropractors at 63 P.S. §625.509, and psychologists at 63 P.S. §1218.