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§ 1303.904. Commencement of investigation and action

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: May 20, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 5C. Medical Care Availability and Reduction of Error (Mcare) Act (Refs & Annos)
Chapter 9. Administrative Provisions
Effective: May 20, 2002
40 P.S. § 1303.904
§ 1303.904. Commencement of investigation and action
Currentness
(a) Investigations by licensure board.--With regard to notices of complaints received pursuant to section 903(1)1 or a complaint filed with the licensure board, the licensure board shall develop criteria and standards for review based on the frequency and severity of complaints filed against a physician. Any investigation of a physician based upon a complaint must be commenced no more than four years from the date notice of the complaint is received under section 903(1).
(b) Action by licensure board.--Unless an investigation has already been initiated pursuant to subsection (a), an action against a physician must be commenced by the licensure board no more than four years from the time the licensure board receives the earliest of any of the following:
(1) Notice that a payment against the physician has been reported to the National Practitioner Data Bank.
(2) Notice that a payment in a medical professional liability action against the physician has been reported to the licensure board by an insurer.
(3) Notice of a report made pursuant to section 903(2), (3) or (4).
(c) Laches.--The defense of laches is unavailable if the licensure board complies with this section.
(d) Applicability.--This section shall apply to actions against a physician initiated on or after the effective date of this chapter.

Credits

2002, March 20, P.L. 154, No. 13, § 904, effective in 60 days.

Footnotes

1
40 P.S. § 1303.903.
40 P.S. § 1303.904, PA ST 40 P.S. § 1303.904
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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