SB 340 — An Act amending the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, in medical professional liability, further providing for definitions and for expert qualifications.

PRINTER'S NO.   277

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 340
                                                Session of
                                                  2025

     INTRODUCED BY ARGALL, BAKER AND PENNYCUICK, FEBRUARY 26, 2025

     REFERRED TO JUDICIARY, FEBRUARY 26, 2025


                                    AN ACT
 1   Amending the act of March 20, 2002 (P.L.154, No.13), entitled
 2      "An act reforming the law on medical professional liability;
 3      providing for patient safety and reporting; establishing the
 4      Patient Safety Authority and the Patient Safety Trust Fund;
 5      abrogating regulations; providing for medical professional
 6      liability informed consent, damages, expert qualifications,
 7      limitations of actions and medical records; establishing the
 8      Interbranch Commission on Venue; providing for medical
 9      professional liability insurance; establishing the Medical
10      Care Availability and Reduction of Error Fund; providing for
11      medical professional liability claims; establishing the Joint
12      Underwriting Association; regulating medical professional
13      liability insurance; providing for medical licensure
14      regulation; providing for administration; imposing penalties;
15      and making repeals," in medical professional liability,
16      further providing for definitions and for expert
17      qualifications.
18      The General Assembly of the Commonwealth of Pennsylvania
19   hereby enacts as follows:
20      Section 1.    Section 503 of the act of March 20, 2002
21   (P.L.154, No.13), known as the Medical Care Availability and
22   Reduction of Error (Mcare) Act, is amended by adding a
23   definition to read:
24   Section 503.    Definitions.
25      The following words and phrases when used in this chapter
26   shall have the meanings given to them in this section unless the
 1   context clearly indicates otherwise:
 2      "Certificate of merit."    A written declaration or
 3   certification in a medical professional liability action which
 4   includes an allegation that a health care provider deviated from
 5   an acceptable professional standard and which specifies that:
 6            (1)   an appropriate licensed professional has supplied a
 7      written statement to support the declaration or
 8      certification, which clearly states that there exists a
 9      reasonable probability that the care, skill or knowledge
10      exercised or exhibited in the treatment, practice or work
11      that is the subject of the complaint fell outside acceptable
12      professional standards and that the conduct was a cause in
13      bringing about the harm;
14            (2)   the claim that the defendant deviated from an
15      acceptable professional standard is based solely on
16      allegations that other licensed professionals for whom this
17      defendant is responsible deviated from an acceptable
18      professional standard; or
19            (3)   expert testimony of an appropriate licensed
20      professional is unnecessary for prosecution of the claim.
21      * * *
22      Section 2.    Section 512 of the act is amended to read:
23   Section 512.    Expert qualifications.
24      (a)   General rule.--No person shall be competent to offer an
25   expert medical opinion in a medical professional liability
26   action against a physician, or provide a statement in support of
27   a certificate of merit, unless that person possesses sufficient
28   education, training, knowledge and experience to provide
29   credible, competent testimony and fulfills the additional
30   qualifications set forth in this section as applicable.

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 1         (a.1)   Certificate of merit.--A certificate of merit shall
 2   be:
 3               (1)   Signed by the attorney for the plaintiff or by the
 4         plaintiff if not represented by an attorney.
 5               (2)   Filed in the appropriate office of the prothonotary:
 6                     (i)    with the complaint alleging medical professional
 7               liability or at the time of the commencement of the
 8               medical professional liability action; or
 9                     (ii)   within 60 days of the commencement of the
10               medical professional liability action if the attorney for
11               the plaintiff, or the plaintiff if not represented by an
12               attorney, provides grounds as to why the certificate of
13               merit was not able to be filed with the complaint or at
14               the time of commencement of the action.
15         (b)   Medical testimony.--An expert testifying on a medical
16   matter or providing a statement in support of a certificate of
17   merit, including the standard of care, risks and alternatives,
18   causation and the nature and extent of the injury, must meet the
19   following qualifications:
20               (1)   Possess an unrestricted physician's license to
21         practice medicine in [any state or the District of Columbia]
22         this Commonwealth.
23               (2)   Be engaged in [or retired within the previous five
24         years from] active clinical practice or teaching in the same
25         or similar specialty or subspecialty of the health care
26         provider against whom the medical professional liability
27         action has been brought. Provided, however, the court may
28         only waive the requirements of this subsection for an expert
29         on a matter other than the standard of care or issuing a
30         statement in support of a certificate of merit if the court

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 1      determines that the expert is otherwise competent to testify
 2      about medical or scientific issues by virtue of education,
 3      training or experience.
 4      (c)   Standard of care.--In addition to the requirements set
 5   forth in subsections (a) and (b), an expert testifying or
 6   issuing a statement in support of a certificate of merit as to a
 7   physician's standard of care also must meet the following
 8   qualifications:
 9            (1)   Be substantially familiar with the applicable
10      standard of care for the specific care at issue as of the
11      time of the alleged breach of the standard of care.
12            (2)   Practice in the same subspecialty as the defendant
13      physician or in a subspecialty which has a substantially
14      similar standard of care for the specific care at issue,
15      except as provided in subsection (d) or (e).
16            (3)   In the event the defendant physician is certified by
17      an approved board, be board certified by the same or a
18      similar approved board, except as provided in subsection (e).
19      (d)   Care outside specialty.--A court may waive the same
20   subspecialty requirement for an expert testifying on the
21   standard of care for the diagnosis or treatment of a condition
22   if the court determines that:
23            (1)   the expert is trained in the diagnosis or treatment
24      of the condition, as applicable; and
25            (2)   the defendant physician provided care for that
26      condition and such care was not within the physician's
27      specialty or competence.
28      (e)   Otherwise adequate training, experience and knowledge.--
29            (1)   A court may waive the same specialty and board
30      certification requirements for an expert testifying as to a

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 1      standard of care if the court determines that the expert
 2      possesses sufficient training, experience and knowledge to
 3      provide the testimony as a result of active involvement in or
 4      full-time teaching of medicine in the applicable subspecialty
 5      or a related field of medicine within the previous five-year
 6      time period.
 7            (2)   The court may not waive the requirements under
 8      paragraph (1) for a person issuing a statement in support of
 9      a certificate of merit in a medical professional liability
10      action.
11      (f)   Information to be included.--A certificate of merit and
12   accompanying statement shall include the contact information and
13   curriculum vitae of the medical professional issuing the
14   statement in accordance with the requirements of this section.
15      Section 3.    This act shall take effect in 180 days.




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