HB 2265 — An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, providing for onsite emergency physicians.

PRIOR PRINTER'S NO.

2963 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

30902265 THE2026 GENERALINTRODUCED ASSEMBLYBY OFTAKAC, PENNSYLVANIAPICKETT, HOUSEVENKAT, BILLHILL-EVANS, SessionGUZMAN, ofDELLOSO No.AND K.

2265HARRIS, MARCH 4, 2026 INTRODUCEDREFERRED BYTO TAKAC,COMMITTEE PICKETT,ON VENKAT,HEALTH, HILL-EVANS,MARCH GUZMAN,5, DELLOSO,2026 K.AN ACT Ameact relating to health care;

HARRISprescribing ANDthe CEPEDA-FREYTIZ,powers MARCHanded 4,"An 2026duties ASof REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 25, 2026 AN ACT Amending the actDepartment of JulyHealth; 19, 1979 (P.L.130, No.48), entitled "An act relating to health care;

prescribing the powers and duties of the Department of Health;

providing for certification of need of health care providers physicians.bingand prescribing penalties," providing for onsite emergency Thephysicians. General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

"Board-certified emergency physician." A physician licensed <-- under the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, or the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, who is certified in the specialty of emergency medicine by a board recognized by the American Board of Medical Specialties or the American Osteopathic Association.

"Hospital." A health care facility that is primarily engaged in providing to inpatients, by or under supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of individuals who are injured, disabled or sick or rehabilitation services for the 20260HB2265PN3090 - 2 - rehabilitation of individuals who are injured, disabled or sick.

"EMERGENCY20260HB2265PN2963 DEPARTMENT."- AS DEFINED IN SECTION 2 OF- THE"Onsite." ACTIn <--relation OFto NOVEMBERservices, 2,that 2016the (P.L.976,services NO.122),are: KNOWN AS THE SAFE EMERGENCY PRESCRIBING ACT.

"EMERGENCY PHYSICIAN." A PHYSICIAN WHO HAS COMPLETED POSTGRADUATE TRAINING IN EMERGENCY MEDICINE, INCLUDING PEDIATRIC EMERGENCY MEDICINE, OR WHO POSSESSES QUALIFICATIONS, TRAINING OR EXPERIENCE IN EMERGENCY MEDICINE, INCLUDING PEDIATRIC EMERGENCY MEDICINE, AS DETERMINED APPROPRIATE BY A HOSPITAL'S MEDICAL STAFF AND GOVERNING BODY.

"HOSPITAL." AS DEFINED IN SECTION 802.1.

"Onsite." In relation to services, that the services are:

<-- EITHER:

<-- (1) AS DEFINED IN SECTION 2 OF THE ACT OF OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL PRACTICE ACT;

OR (2) AS DEFINED IN SECTION 2 OF THE ACT OF DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL PRACTICE ACT OF 1985.

Unless an exception has been approved under section 803-D, a hospital with an emergency department shall ensure that a board- <-- certified AN emergency physician or board-eligible emergency <-- physician is onsite, on duty and primarily responsible for the 20260HB2265PN3090 - 3 - emergency department at all times when the emergency department is open.

(a) Power of department.--The department may grant an <-- exception to the requirements of section 802-D if a hospital is located in an area not designated as an urbanized area by the United States Census Bureau, including an area designated as an urban cluster, and satisfies the eligibility conditions in subsection (b).

(A)(b) POWEREligibility.--To OFqualify DEPARTMENT.--for <--the (1)exception THEunder DEPARTMENTsubsection MAY(a), GRANTa ANhospital EXCEPTIONmust TOdemonstrate THEto REQUIREMENTSthe OFdepartment SECTIONthe 802-Dfollowing IFconditions: A HOSPITAL SATISFIES THE ELIGIBILITY CONDITIONS IN SUBSECTION (B).

(2) AN EXCEPTION GRANTED UNDER THIS SUBSECTION SHALL PERMIT A HOSPITAL TO STAFF ITS EMERGENCY DEPARTMENT WITH A PHYSICIAN WHO IS ONSITE AND ON DUTY AT ALL TIMES THE EMERGENCY DEPARTMENT IS OPEN, REGARDLESS OF THE PHYSICIAN'S QUALIFICATIONS, TRAINING OR EXPERIENCE IN EMERGENCY MEDICINE.

(b) Eligibility.--To qualify for the exception under subsection (a), a hospital must demonstrate to the department <-- the following conditions:

20260HB2265PN2963 - 3 - (3) Any other condition determined by the department that is necessary to protect patient safety, including:

(i) Written policies for transfer of patients 20260HB2265PN3090 - 4 - requiring care beyond the capabilities of the hospital.

AND DOCUMENT TO THE DEPARTMENT GOOD FAITH EFFORTS <-- TO RECRUIT AND RETAIN EMERGENCY PHYSICIANS.

Nothing (A) TELE-EMERGENCY DEPARTMENT MODEL.--EXCEPT AS <-- PROVIDED UNDER SUBSECTION (B), NOTHING in this chapter shall be construed to authorize the use of a tele-emergency department model in lieu of the requirement for an onsite physician under section 802-D.

(B) PRIOR EXCEPTIONS.--AN EXCEPTION THAT HAS BEEN GRANTED BY <-- THE DEPARTMENT FOR USE OF A TELE-EMERGENCY DEPARTMENT MODEL OR USE OF ONSITE HEALTH CARE PRACTITIONERS, OTHER THAN PHYSICIANS IN AN EMERGENCY DEPARTMENT PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION, SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL RESCINDED BY THE DEPARTMENT.

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