40 Pa. Stat. § 1303.303

Current through P.A. Acts 2023-32
Section 1303.303 - Establishment of Patient Safety Authority
(a) Establishment.--There is established a body corporate and politic to be known as the Patient Safety Authority, which shall be an independent agency. The powers and duties of the authority shall be vested in and exercised by a board of directors, which shall have the sole power under section 304(a) to employ staff, including an executive director, legal counsel, consultants or any other staff deemed necessary by the authority. Individuals employed by the authority as staff shall be deemed employees of the Commonwealth for the purpose of participation in the Pennsylvania Employee Benefit Trust Fund.
(b) Composition.--The board of the authority shall consist of 11 members composed and appointed in accordance with the following:
(1) The Physician General or a physician appointed by the Governor if there is no appointed Physician General.
(2) Four residents of this Commonwealth, one of whom shall be appointed by the President pro tempore of the Senate, one of whom shall be appointed by the Minority Leader of the Senate, one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the Minority Leader of the House of Representatives, who shall serve terms coterminous with their respective appointing authorities.
(3) A health care worker residing in this Commonwealth who is a physician and is appointed by the Governor, who shall serve an initial term of three years.
(4) A health care worker residing in this Commonwealth who is licensed by the Department of State as a nurse and is appointed by the Governor, who shall serve an initial term of three years.
(5) A health care worker residing in this Commonwealth who is licensed by the Department of State as a pharmacist and is appointed by the Governor, who shall serve an initial term of two years.
(6) A health care worker residing in this Commonwealth who is employed by a hospital and is appointed by the Governor, who shall serve an initial term of two years.
(7) Two residents of this Commonwealth, one of whom is a health care worker and one of whom is not a health care worker, appointed by the Governor, who shall each serve a term of four years.
(c) Terms.--With the exception of paragraphs (1) and (2), members of the board shall serve for terms of four years after completion of the initial terms designated in subsection (b) and shall not be eligible to serve more than two full consecutive terms.
(d) Quorum.--A majority of the members of the board shall constitute a quorum. Notwithstanding any other provision of law, action may be taken by the board at a meeting upon a vote of the majority of its members present in person or through the use of amplified telephonic equipment if authorized by the bylaws of the board.
(e) Meetings.--The board shall meet at the call of the chairperson or as may be provided in the bylaws of the board. The board shall hold meetings at least quarterly, which shall be subject to the requirements of 65 Pa.C.S. Ch. 7 (relating to open meetings). Meetings of the board may be held anywhere within this Commonwealth.
(f) Chairperson.--The chairperson shall be the person appointed under subsection (b)(1).
(g) Formation.--The authority shall be formed within 60 days of the effective date of this section.
(h) For purposes of section 924 of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 299b-24 ), the authority is the sole public entity eligible to be certified as a patient safety organization as defined in section 921(4) of the Public Health Service Act ( 42 U.S.C. § 299 -b21(4)) when conducting patient safety activities, as defined in section 921(5) of the Public Health Service Act ( 42 U.S.C. § 299b - 21(5) ), which fall within the scope of the authority's responsibilities.

40 P.S. § 1303.303

2002, March 20, P.L. 154, No. 13, § 303, effective in 60 days. Amended 2005, Dec. 22, P.L. 458, No. 88, § 1, imd. effective.