Pennsylvania SB 340: An Act amending the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, in medical professional liability, further providing for definitions and for expert qualifications.

Bill Text

PRINTER'S NO. 277
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 340
Session of
2025
INTRODUCED BY ARGALL, BAKER AND PENNYCUICK, FEBRUARY 26, 2025
REFERRED TO JUDICIARY, FEBRUARY 26, 2025
AN ACT
Amending the act of March 20, 2002 (P.L.154, No.13), entitled
"An act reforming the law on medical professional liability;
providing for patient safety and reporting; establishing the
Patient Safety Authority and the Patient Safety Trust Fund;
abrogating regulations; providing for medical professional
liability informed consent, damages, expert qualifications,
limitations of actions and medical records; establishing the
Interbranch Commission on Venue; providing for medical
professional liability insurance; establishing the Medical
Care Availability and Reduction of Error Fund; providing for
medical professional liability claims; establishing the Joint
Underwriting Association; regulating medical professional
liability insurance; providing for medical licensure
regulation; providing for administration; imposing penalties;
and making repeals," in medical professional liability,
further providing for definitions and for expert
qualifications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 503 of the act of March 20, 2002
(P.L.154, No.13), known as the Medical Care Availability and
Reduction of Error (Mcare) Act, is amended by adding a
definition to read:
Section 503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Certificate of merit." A written declaration or
certification in a medical professional liability action which
includes an allegation that a health care provider deviated from
an acceptable professional standard and which specifies that:
(1) an appropriate licensed professional has supplied a
written statement to support the declaration or
certification, which clearly states that there exists a
reasonable probability that the care, skill or knowledge
exercised or exhibited in the treatment, practice or work
that is the subject of the complaint fell outside acceptable
professional standards and that the conduct was a cause in
bringing about the harm;
(2) the claim that the defendant deviated from an
acceptable professional standard is based solely on
allegations that other licensed professionals for whom this
defendant is responsible deviated from an acceptable
professional standard; or
(3) expert testimony of an appropriate licensed
professional is unnecessary for prosecution of the claim.
* * *
Section 2. Section 512 of the act is amended to read:
Section 512. Expert qualifications.
(a) General rule.--No person shall be competent to offer an
expert medical opinion in a medical professional liability
action against a physician, or provide a statement in support of
a certificate of merit, unless that person possesses sufficient
education, training, knowledge and experience to provide
credible, competent testimony and fulfills the additional
qualifications set forth in this section as applicable.
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(a.1) Certificate of merit.--A certificate of merit shall
be:
(1) Signed by the attorney for the plaintiff or by the
plaintiff if not represented by an attorney.
(2) Filed in the appropriate office of the prothonotary:
(i) with the complaint alleging medical professional
liability or at the time of the commencement of the
medical professional liability action; or
(ii) within 60 days of the commencement of the
medical professional liability action if the attorney for
the plaintiff, or the plaintiff if not represented by an
attorney, provides grounds as to why the certificate of
merit was not able to be filed with the complaint or at
the time of commencement of the action.
(b) Medical testimony.--An expert testifying on a medical
matter or providing a statement in support of a certificate of
merit, including the standard of care, risks and alternatives,
causation and the nature and extent of the injury, must meet the
following qualifications:
(1) Possess an unrestricted physician's license to
practice medicine in [any state or the District of Columbia]
this Commonwealth.
(2) Be engaged in [or retired within the previous five
years from] active clinical practice or teaching in the same
or similar specialty or subspecialty of the health care
provider against whom the medical professional liability
action has been brought. Provided, however, the court may
only waive the requirements of this subsection for an expert
on a matter other than the standard of care or issuing a
statement in support of a certificate of merit if the court
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determines that the expert is oth