40 Pa. Stat. § 1303.904

Current through P.A. Acts 2023-32
Section 1303.904 - Commencement of investigation and action
(a) Investigations by licensure board.--With regard to notices of complaints received pursuant to section 903(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 undersection 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.

40 P.S. § 1303.904

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