Pennsylvania Code
Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS
Part I - DEPARTMENT OF STATE
Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS
Subchapter D - HEALTH CARE PROFESSIONAL LIABILITY
Section 16.32 - Requirements of the MCARE Act

Universal Citation: 49 PA Code ยง 16.32

Current through Register Vol. 54, No. 12, March 23, 2024

(a) Except as provided in subsections (b) and (c), a physician or nurse-midwife shall maintain the required amount of professional liability insurance, or have an approved self-insurance plan, and pay the required Medical Care Availability and Reduction of Error (MCARE) Fund assessment as a condition of practice under sections 711 and 712 of the MCARE Act (40 P. S. §§ 1303.711 and 1303.712). Failure to comply with this section subjects the physician or nurse-midwife to disciplinary action by the Board.

(b) A physician or nurse-midwife practicing solely as a Federal employee is not required to participate in the professional liability insurance program, nor is the physician or nurse-midwife required to comply with the MCARE Act.

(c) A physician or nurse-midwife who provides no medical service in this Commonwealth is not required to pay the MCARE Fund assessment or comply with the insurance requirements of the MCARE Act. Proof of nonpractice must be furnished by notarized statement.

The provisions of this § 16.32 amended under the Health Care Services Malpractice Act (40 P. S. §§ 1301.101-1301.1006).

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