Section 16.32. Requirements of the MCARE Act

(a) Except as provided in subsections (b) and (c), a physician or nurse-midwife shall maintain the required amount of professional liability insurance, or have an approved self-insurance plan, and pay the required Medical Care Availability and Reduction of Error (MCARE) Fund assessment as a condition of practice under sections 711 and 712 of the MCARE Act (40 P. S. § § 1303.711 and 1303.712). Failure to comply with this section subjects the physician or nurse-midwife to disciplinary action by the Board.

(b) A physician or nurse-midwife practicing solely as a Federal employee is not required to participate in the professional liability insurance program, nor is the physician or nurse-midwife required to comply with the MCARE Act.

(c) A physician or nurse-midwife who provides no medical service in this Commonwealth is not required to pay the MCARE Fund assessment or comply with the insurance requirements of the MCARE Act. Proof of nonpractice must be furnished by notarized statement.

The provisions of this § 16.32 amended May 19, 2000, effective May 20, 2000, 30 Pa.B. 2474; amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5484. Immediately preceding text appears at serial page (342635).

Notation

Authority

The provisions of this § 16.32 amended under the Health Care Services Malpractice Act (40 P. S. § § 1301.101—1301.1006).