Commencement of investigation and action

Act 13 of 2002, § 904, under MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT.

Act 13 of 2002, § 904

Section 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 under section 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.