§ 422.2. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: October 7, 2021
Effective: October 7, 2021
63 P.S. § 422.2
§ 422.2. 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:
“ABGC.” The American Board of Genetic Counseling.
“ABMG.” The American Board of Medical Genetics.
“Accommodative.” Designed with a primary goal of conforming to an individual's anatomy.
“Accredited medical college.” An institution of higher learning which has been fully accredited, by any accrediting body recognized by the board, as an agency to provide courses in the art and science of medicine and surgery and empowered to grant academic degrees in medicine. Any accrediting bodies recognized by the board on the effective date of this act shall continue to serve in that capacity unless and until the board recognizes a successor.
“Active candidate status.” The designation awarded to applicants who have received approval from the American Board of Genetic Counseling or the American Board of Medical Genetics to sit for their respective certification examinations.
“Affiliate.” A member of a group of two or more medical training facilities legally united by an agreement of affiliation, approved by the board and formed to enhance the potential of all participants in the provision of health care and medical education.
“Applicant.” An applicant for any license or certificate issued by the board.
“Athletic training services.” The management and provision of care of injuries to a physically active person as defined in this act with the direction of a licensed physician. The term includes the rendering of emergency care, development of injury prevention programs and providing appropriate preventative and supporting devices for the physically active person. The term also includes the assessment, management, treatment, rehabilitation and reconditioning of the physically active person whose conditions are within the professional preparation and education of a licensed athletic trainer. The term also includes the use of modalities such as mechanical stimulation, heat, cold, light, air, water, electricity, sound, massage and the use of therapeutic exercises, reconditioning exercise and fitness programs. Athletic training services shall not include surgery, invasive procedures or prescription of any controlled substance.
“Board.” The State Board of Medicine.
“Board regulated practitioner.” A medical doctor, midwife, physician assistant, respiratory therapist, licensed athletic trainer or drugless therapist or an applicant for a license or certificate the board may issue.
“Clinical clerk.” An undergraduate student in good standing in an accredited medical college who is assigned to provide medical services in a hospital by the medical college and the hospital.
“Commissioner.” The Commissioner of Professional and Occupational Affairs in the Department of State.
“Conviction.” A judgment of guilt, an admission of guilt or a plea of nolo contendere.
“Custom-fabricated device.” A prosthesis, orthosis or pedorthic device that is fabricated to comprehensive measurements or a mold for use by a patient in accordance with a prescription and which requires substantial clinical and technical judgment in its design fabrication and fitting.
“Custom-fitted device.” A prefabricated prosthesis, orthosis or pedorthic device to accommodate the patient's measurement that is sized or modified for use by the patient in accordance with a prescription and which requires substantial clinical judgment and substantive alteration in its design for appropriate use.
“Direction.” Supervision over the actions of a licensed athletic trainer via referral by prescription to treat conditions for a physically active person from a licensed physician, dentist or podiatrist or written protocol approved by a supervising physician, dentist or podiatrist, except that the physical presence of the supervising physician, dentist or podiatrist is not required if the supervising physician, dentist or podiatrist is readily available for consultation by direct communication, radio, telephone, facsimile, telecommunications or via other electronic means.
“Doctor of osteopathy or osteopathic doctor.” An individual licensed to practice osteopathic medicine and surgery by the State Board of Osteopathic Medical Examiners.
“Extracorporeal circulation.” The diversion of a patient's blood through a heart-lung machine or similar device that assumes the functions of the patient's heart, lungs, kidneys, liver or other organs.
“Genetic counseling.” The provision of services to individuals, couples, families and organizations by one or more appropriately trained individuals to address the physical and psychological issues associated with the occurrence or risk of occurrence of a genetic disorder, birth defect or genetically influenced condition or disease in an individual or a family.
“Genetic counselor.” An individual who is licensed to practice genetic counseling by the State Board of Medicine or the State Board of Osteopathic Medicine.
“Graduate medical training.” Training approved or recognized by the board which is either:
(1) accredited as graduate medical education by any accrediting body recognized by the board for the purpose of accrediting graduate medical education. Any accrediting bodies recognized by the board on the effective date of this act shall continue to serve in that capacity unless and until the board recognizes a successor; or
(2) provided by a hospital accredited by any accrediting body recognized by the board and is acceptable to an American specialty board towards the training it requires for the certification it issues in a medical specialty or subspecialty. Any accrediting bodies recognized by the board on the effective date of this act shall continue to serve in that capacity unless and until the board recognizes a successor.
“Healing arts.” The science and skill of diagnosis and treatment in any manner whatsoever of disease or any ailment of the human body.
“Health care practitioner.” As defined in section 103 of the act of July 19, 1979 (P.L. 130, No. 48), known as the Health Care Facilities Act.1
“Home health care agency.” An organization or part thereof licensed by the Department of Health under the act of July 19, 1979 (P.L.130, No.48),2 known as the Health Care Facilities Act, staffed and equipped to provide nursing and at least one therapeutic service to persons who are disabled, aged, injured or sick in their place of residence. The agency may also provide other health-related services to protect and maintain persons in their own home.
“Hospital.” An institution licensed or regulated as a hospital by the Department of Health or the Department of Public Welfare3 or a facility owned or operated by the Federal Government and accredited by the Joint Commission on Accreditation of Hospitals as a hospital.
“ICE.” The Institute for Credentialing Excellence, previously known as the National Organization for Competency Assurance (NOCA).
“Legend drug.” A drug:
(1) limited by the Federal Food, Drug and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) to being dispensed by prescription; and
(2) the product label of which is required to contain the following statement: “CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION.”
“Licensed athletic trainer.” A person who is licensed to perform athletic training services by the State Board of Medicine or the State Board of Osteopathic Medicine.
“Medical doctor.” An individual who has acquired one of the following licenses to practice medicine and surgery issued by the board:
(1) License without restriction.
(2) Interim limited license.
(3) Graduate license.
(4) Institutional license.
(5) Temporary license.
(6) Extraterritorial license.
“Medical service.” Activity which lies within the scope of the practice of medicine and surgery.
“Medical training facility.” A medical college, hospital or other institution which provides courses in the art and science of medicine and surgery and related subjects for the purpose of enabling a matriculant to qualify for a license to practice medicine and surgery, graduate medical training, midwife certificate or physician assistant license.
“Medicine and surgery.” The art and science of which the objectives are the cure of diseases and the preservation of the health of man, including the practice of the healing art with or without drugs, except healing by spiritual means or prayer.
“Midwife or nurse-midwife.” An individual who is licensed as a midwife by the board.
“NCCA.” The National Commission for Certifying Agencies or its successor.
“Orthosis.” A custom-fabricated or custom-fitted device designed to externally provide support, alignment or prevention to the body or a limb for the purposes of correcting or alleviating a neuromuscular or musculoskeletal disease, injury or deformity.
“Orthotic fitter.” An individual who is licensed under this act to properly fit, dispense and adjust prefabricated orthotic devices pursuant to a written prescription of a physician, podiatrist, certified registered nurse practitioner or physician assistant.
“Orthotics.” The practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting or servicing an orthosis for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury or deformity, as provided in this act.
“Orthotist.” An individual other than a licensed physical therapist, a licensed occupational therapist or an orthotic fitter licensed under this act to practice orthotics pursuant to a written prescription of a physician, podiatrist, certified registered nurse practitioner or physician assistant.
“Over-the-counter prostheses, orthoses and pedorthic devices.” Prefabricated, mass-produced items that are prepackaged and require no professional advice or judgment in either size selection or use, including fabric or elastic supports, corsets, generic arch supports and elastic hose.
“Pedorthic device.” Includes therapeutic shoes, shoe modifications made for therapeutic purposes, partial foot prostheses, foot orthoses and below-the-knee pedorthic modalities. The term does not include nontherapeutic, accommodative inlays and nontherapeutic accommodative footwear, regardless of method of manufacture; unmodified, nontherapeutic over-the-counter shoes; or prefabricated unmodified or unmodifiable foot care and footwear products.
“Pedorthics.” The practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting or servicing necessary to accomplish the application of a pedorthic device for the prevention or amelioration of painful or disabling conditions related to the lower extremities.
“Pedorthist.” An individual licensed under this act to practice pedorthics pursuant to a written prescription of a physician, podiatrist, certified registered nurse practitioner or physician assistant.
“Perfusion.” The functions necessary for the support, treatment, measurement or supplementation of the cardiovascular system or other organs, or a combination of those functions, and for ensuring the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under the supervision of a physician licensed under this act or the act of October 5, 1978 (P.L. 1109, No. 261),4 known as the Osteopathic Medical Practice Act.
“Perfusionist.” An individual who is licensed to practice perfusion by the State Board of Medicine or the State Board of Osteopathic Medicine.
“Pharmacist.” As defined in section 2(10) of the act of September 27, 1961 (P.L. 1700, No. 699),5 known as the Pharmacy Act.
“Physically active person.” An individual who participates in organized individual or team sports, athletic games or recreational sport activity.
“Physician.” A medical doctor or doctor of osteopathy.
“Physician assistant.” An individual who is licensed as a physician assistant by the board.
“Podiatrist.” An individual licensed under the act of March 2, 1956 (1955 P.L. 1206, No. 375),6 known as the Podiatry Practice Act, to practice podiatry.
“Prefabricated orthosis.” A brace or support designed to provide for alignment, correction or prevention of neuromuscular or musculoskeletal dysfunction, disease, injury or deformity. The term does not include fabric or elastic support, corsets, arch supports, low-temperature plastic splints, trusses, elastic hose, canes, crutches, soft cervical collars, dental appliances or other similar devices carried in stock and sold as over-the-counter items by a drug store, department store, corset shop or surgical supply facility.
“Primary supervising physician.” A medical doctor who is registered with the board and designated in a written agreement with a physician assistant under section 13(e)7 as having primary responsibility for supervising the physician assistant.
“Prosthesis.” A custom-designed, custom-fabricated, custom-fitted or custom-modified device to replace an absent external limb for purposes of restoring physiological function that is not surgically implanted. The term does not include artificial eyes, ears, fingers or toes, dental appliances, cosmetic devices, such as artificial breasts, eyelashes or wigs, or other devices that do not have a significant impact on the musculoskeletal functions of the body.
“Prosthetics.” The practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting or servicing a prosthesis.
“Prosthetist.” An individual, other than a licensed physical therapist or occupational therapist, licensed under this act to practice prosthetics pursuant to a written prescription of a physician, podiatrist, certified registered nurse practitioner or physician assistant.
“Referral.” An order from a licensed physician, dentist or podiatrist to a licensed athletic trainer for athletic training services. An order may be written or oral, except that an oral order must be reduced to writing within 72 hours of issuance.
“Resident.” A medical doctor who is participating in graduate training.
“Respiratory care.” A health care specialty employing evaluation, analysis, care and treatment of patients with cardiopulmonary disorders and related diseases.
“Respiratory therapist.” An individual who is licensed to practice respiratory care by the State Board of Medicine.
“Technician.” A person, other than a health care practitioner or physician assistant, who through training, education or experience has achieved expertise in the technical details of a subject or occupation which is a component of the healing art.
“Unaccredited medical college.” An institution of higher learning which provides courses in the art and science of medicine and surgery and related subjects, is empowered to grant professional degrees in medicine, is not accredited by any accrediting body recognized by the board and is listed by the World Health Organization, its successors or assigns, or is otherwise recognized as a medical college by the country in which it is situated. Any accrediting bodies recognized by the board on the effective date of this act shall continue to serve in that capacity unless and until the board recognizes a successor.
“Ventricular assist device.” A mechanical device used to partially or completely replace the function of a failing heart through connections to the heart and great vessels that may be located intracorporeally or extracorporeally. The term includes a device that is placed intravascularly or extravascularly and provides support through direct means or via counterpulsation.
“Written protocol.” A written agreement developed in conjunction with one or more supervising physicians which identifies and is signed by the supervising physician and the licensed athletic trainer. It describes the manner and frequency in which the licensed athletic trainer regularly communicates with the supervising physician. It includes standard operating procedures developed in agreement with the supervising physician and licensed athletic trainer that the licensed athletic trainer follows when not directly supervised on site by the supervising physician.
Credits
1985, Dec. 20, P.L. 457, No. 112, § 2, effective Jan. 1, 1986. Amended 1993, July 2, P.L. 424, No. 60, § 1, effective in 180 days; 2001, Dec. 10, 2001, P.L. 859, No. 92, § 1, effective in 60 days; 2002, Dec. 9, P.L. 1344, No. 160, § 1, effective in 60 days; 2004, June 23, P.L. 437, No. 44, § 1, effective in 60 days [Aug. 23, 2004]; 2007, Sept. 18, P.L. 324, No. 50, effective in 60 days [Sept. 18, 2007]; 2008, June 11, P.L. 154, No. 19, § 1, effective in 60 days [Aug. 11, 2008]; 2008, July 4, P.L. 580, No. 45, § 1, effective in 60 days [Sept. 2, 2008]; 2011, Dec. 22, P.L. 572, No. 124, § 1, effective in 60 days [Feb. 21, 2012]; 2011, Dec. 22, P.L. 576, No. 125, § 1, effective in 60 days [Feb. 21, 2012]; 2012, July 5, P.L. 873, No. 90, § 1, imd. effective; 2014, July 2, P.L. 941, No. 104, § 1, imd. effective; 2019, July 2, P.L. 413, No. 68, § 1, effective in 30 days [Aug. 1, 2019]; 2021, Oct. 7, P.L. 418, No. 79, § 1, imd. effective.
Footnotes
35 P.S. § 448.103.
35 P.S. § 448.101 et seq.
Now Department of Human Services; see 62 P.S. § 103.
63 P.S. § 271.1 et seq.
63 P.S. § 390-2.
63 P.S. § 42.1 et seq.
63 P.S. § 422.13.
63 P.S. § 422.2, PA ST 63 P.S. § 422.2
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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