House Bill Would Remove Due Process Protections for Physicians
House Bill 1188, introduced by Rep. Neal Goodman (D-Schuylkill), would strip important due process safeguards from physicians and subject them to large fines for challenging the right of a licensing board to obtain information.
The Pennsylvania Medical Society continues to work on resolving concerns with the bill, testifying before the House Professional Licensure Committee and meeting twice with officers of the Bureau of Professional and Occupational Affairs (BPOA).
Under current law, if a physician refuses to voluntarily turn over all relevant records and information via an administrative discovery process, the licensing board agent can request a subpoena. This provides the physician a mechanism for challenging the investigator’s right to obtain inappropriate or protected information and provides a fair balance between the licensing boards’ needs and a physician’s rights.
HB 1188 largely removes that due process protection, forcing the physician to turn over virtually all records requested by the investigator, with no opportunity for the physician to challenge the appropriateness of the request. The State Society is working aggressively to protect physicians’ legal interests.
Last Updated: 10/1/2007