Pennsylvania Act 1988-66 — PRACTITIONERS HEALING ARTS - REFERRALS

Act text

PRACTITIONERS HEALING ARTS - REFERRALS
                  Act of May 26, 1988, P.L. 403, No. 66               Cl. 63
                                  AN ACT

     Providing for certain disclosures by practitioners of the
        healing arts when making patient referrals; providing
        penalties; and conferring powers and duties on the several
        licensing boards in the Bureau of Professional and
        Occupational Affairs.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  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:
        "Bureau."  The Bureau of Professional and Occupational
     Affairs in the Department of State.
        "Practitioner of the healing arts."  Any person who engages
     in the diagnosis or treatment of disease or any ailment of the
     human body.
     Section 2.  Disclosure of interest in referral facilities.
        (a)  General rule.--Any practitioner of the healing arts
     shall, prior to referral of a patient to any facility or entity
     engaged in providing health-related services, tests,
     pharmaceuticals, appliances or devices, disclose to the patient
     any financial interest of the practitioner or ownership by the
     practitioner in the facility or entity. In making any referral,
     the practitioner of the healing arts may render any
     recommendations he considers appropriate, but shall advise the
     patient of his freedom of choice in the selection of a facility
     or entity.
        (b)  Penalty.--A person who violates this section shall be
     liable to the Commonwealth for a civil penalty not to exceed
     $1,000.
        (c)  Enforcement.--The licensing boards in the bureau shall
     enforce this section.
     Section 3.  Notice.
        The licensing boards in the bureau shall notify licensees of
     the provisions of this act by publication of a notice in the
     Pennsylvania Bulletin.
     Section 4.  Effective date.
        This act shall take effect as follows:
            (1)  Section 3 and this section shall take effect
        immediately.
            (2)  The remainder of this act shall take effect in 60
        days.