Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 422.3 - State Board of Medicine(a)Establishment.--The State Board of Medicine shall consist of the commissioner or the commissioner's designee, the Secretary of Health or the Secretary of Health's designee, two members appointed by the Governor who shall be persons representing the public at large and nine members appointed by the Governor, one of whom shall be a physician assistant, seven of whom shall be medical doctors with unrestricted licenses to practice medicine and surgery in this Commonwealth for five years immediately preceding their appointment and one who shall be a nurse midwife, respiratory therapist, licensed athletic trainer or perfusionist licensed or certified under the laws of this Commonwealth. All professional and public members of the board shall be appointed by the Governor, with the advice and consent of a majority of the members elected to the Senate.(b)Terms of office.--The term of each professional and public member of the board shall be four years or until a successor has been appointed and qualified, but not longer than six months beyond the four-year period. In the event that any of said members shall die or resign or otherwise become disqualified during the member's term, a successor shall be appointed in the same way and with the same qualifications and shall hold office for the unexpired term. No member shall be eligible for appointment to serve more than two consecutive terms. The Governor shall assure that nurse midwives, perfusionists and respiratory therapists are appointed to four-year terms on a rotating basis so that, of every four appointments to a four-year term, one is a nurse midwife, one is an athletic trainer, one is a perfusionist and one is a respiratory therapist.(c)Quorum.--A majority of the members of the board serving in accordance with law shall constitute a quorum for purposes of conducting the business of the board. Except for temporary and automatic suspensions under section 40, a member may not be counted as part of a quorum or vote on any issue unless he or she is physically in attendance at the meeting.(d)Chairman.--The board shall select annually a chairman from among its members.(e)Compensation.--Each member of the board, except the commissioner and the Secretary of Health, shall receive $60 per diem when actually attending to the work of the board. Members shall also receive the amount of reasonable traveling, hotel and other necessary expenses incurred in the performance of their duties in accordance with Commonwealth regulations.(f)Sunset.--The board is subject to evaluation, review and termination in the manner provided in the act of December 22, 1981 (P.L. 508, No. 142), known as the Sunset Act.(g)Attendance at meetings.--A member of the board who fails to attend three consecutive meetings shall forfeit his or her seat unless the commissioner, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of a family member.(h)Attendance at training seminars.--A public member who fails to attend two consecutive statutorily mandated training seminars in accordance with section 813(e) of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, shall forfeit his or her seat unless the commissioner, upon written request from the public member, finds that the public member should be excused from a meeting because of illness or the death of a family member.(i)Meetings.--The board shall meet at least once every two months and at such additional times as may be necessary to conduct the business of the board.(j)Executive secretary.--The board, with the approval of the commissioner, shall appoint and fix the compensation of an executive secretary who shall be responsible for the day-to-day operation of the board and administration of board activities.Amended by P.L. 418 2021 No. 79, § 2, eff. 10/7/2021.1985, Dec. 20, P.L. 457, No. 112, § 3, effective 1/1/1986. Amended 1993, July 2, P.L. 424, No. 60, § 2, effective in 180 days; 2001, Dec. 10, P.L. 859, No. 92, § 2, effective in 60 days; 2008, June 11, P.L. 154, No. 19, §2, effective in 60 days [ 8/11/2008]; 2008, July 4, P.L. 580, No. 45, §2, effective in 60 days [ 9/2/2008]; 2011, Dec. 22, P.L. 572, No. 124, §2, effective in 60 days [ 2/21/2012].