Bill Text: PA SB1497 | 2009-2010 | Regular Session | Introduced

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Bill Title: Adding and changing definitions; further providing for the unified judicial system; establishing the appellate division of the Medical Professional Liability Court; providing for transfers between intermediate appellate courts, for lien of judgments for money, for direct appeals to the Supreme Court from courts of common pleas, for allowance of appeals from Superior Court and Commonwealth Court, for appeals to Superior Court from courts of common pleas, for original jurisdiction of the Commonwealth Court, for appeals to the Commonwealth Court from courts of common pleas, for the jurisdiction of the appellate division of the Medical Professional Liability Court and for the organization and jurisdiction of the Medical Professional Liability Court; establishing the Medical Professional Liability Qualifications Commission and prescribing its powers and duties; further providing for selection of judicial officers, for vacancies in judicial offices and for retention election of judicial officers; providing for selection and retention of judges of the Medical Professional Liability Court and for salaries of judges of the Medical Professional Liability Court; establishing the Medical Professional Liability Court Fund and providing for receipts and payments; and further providing for right to appellate review and for appeals generally.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-11-08 - Referred to JUDICIARY [SB1497 Detail]

Download: Pennsylvania-2009-SB1497-Introduced.html

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PRINTER'S NO. 2311
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1497 Session of2010
INTRODUCED BY RAFFERTY AND BROWNE, NOVEMBER 8, 2010
REFERRED TO JUDICIARY, NOVEMBER 8, 2010
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, adding and changing
definitions; further providing for the unified judicial
system; establishing the appellate division of the Medical
Professional Liability Court; providing for transfers between
intermediate appellate courts, for lien of judgments for
money, for direct appeals to the Supreme Court from courts of
common pleas, for allowance of appeals from Superior Court
and Commonwealth Court, for appeals to Superior Court from
courts of common pleas, for original jurisdiction of the
Commonwealth Court, for appeals to the Commonwealth Court
from courts of common pleas, for the jurisdiction of the
appellate division of the Medical Professional Liability
Court and for the organization and jurisdiction of the
Medical Professional Liability Court; establishing the
Medical Professional Liability Qualifications Commission and
prescribing its powers and duties; further providing for
selection of judicial officers, for vacancies in judicial
offices and for retention election of judicial officers;
providing for selection and retention of judges of the
Medical Professional Liability Court and for salaries of
judges of the Medical Professional Liability Court;
establishing the Medical Professional Liability Court Fund
and providing for receipts and payments; and further
providing for right to appellate review and for appeals
generally.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "appellate court" in section
102 of Title 42 of the Pennsylvania Consolidated Statutes is
amended and the section is amended by adding definitions to
read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Appellate court." Includes the Supreme Court, the Superior
Court [and], the Commonwealth Court[.] and the appellate
division of the Medical Professional Liability Court.
"Appellate division." The appellate division of the Medical
Professional Liability Court established under section 581
(relating to appellate division of the Medical Professional
Liability Court).
* * *
"Medical Professional Liability Court." The court
established under section 811 (relating to Medical Professional
Liability Court).
"Medical Professional Liability Court rule." A rule or order
promulgated by the Medical Professional Liability Court.
* * *
"Statewide judges." Judges of the Supreme Court, Superior
Court, Commonwealth Court and Medical Professional Liability
Court.
* * *
Section 2. Section 301 of Title 42 is amended to read:
§ 301. Unified judicial system.
The judicial power of the Commonwealth shall be vested in a
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unified judicial system consisting of the:
(1) Supreme Court.
(2) Superior Court.
(3) Commonwealth Court.
(3.1) Medical Professional Liability Court.
(4) Courts of common pleas.
(5) Community courts.
(6) Philadelphia Municipal Court.
(7) Pittsburgh Magistrates Court.
(8) Traffic Court of Philadelphia.
(9) Magisterial district judges.
All courts and magisterial district judges and their
jurisdiction shall be in this unified judicial system.
Section 3. Chapter 5 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER D
APPELLATE DIVISION OF THE
MEDICAL PROFESSIONAL LIABILITY COURT OF PENNSYLVANIA
Sec.
§ 581. Appellate division of the Medical Professional Liability
Court.
582. Powers of appellate division.
583. Seat of appellate division.
§ 581. Appellate division of the Medical Professional Liability
Court.
(a) General rule.--There shall be an appellate division of
the Medical Professional Liability Court which shall consist of
the president judge and the other judges in regular active
service.
(b) Panels and en banc.--When reviewing orders of the
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Medical Professional Liability Court, the appellate division
shall sit in panels, and no member of the appellate division
shall participate as a member of a panel in the judicial review
of any order or other action in which the person participated as
a matter of original jurisdiction. A decision of a panel may be
reviewed by the division en banc.
§ 582. Powers of appellate division.
The appellate division of the Medical Professional Liability
Court shall have all powers necessary or appropriate in aid of
its jurisdiction which are agreeable to the usages and
principles of law.
§ 583. Seat of appellate division.
The regular sessions of the appellate division of the Medical
Professional Liability Court shall be held in the cities of
Harrisburg, Norristown and Pittsburgh and elsewhere as
prescribed by Medical Professional Liability Court rule.
Section 4. Sections 705, 707, 722, 724, 742, 761(a) and
762(b) of Title 42 are amended to read:
§ 705. Transfers [between] among intermediate appellate courts.
The Superior Court [and], the Commonwealth Court and the
appellate division of the Medical Professional Liability Court
shall have power pursuant to general rules, on their own motion
or upon [petition] application of any party, to transfer any
appeal to [the other court] another appellate court or division,
subject to the restrictions, for consideration and decision with
any matter pending in such other court or division involving the
same or related questions of fact, law or discretion.
§ 707. Lien of judgments for money.
Any judgment or other order of the Supreme Court, the
Superior Court [or], the Commonwealth Court or the appellate
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division of the Medical Professional Liability Court for the
payment of money shall not be a lien upon real property in any
county until it is entered of record in the office of the clerk
of the court of common pleas of the county where the property is
situated, or in the office of the clerk of the branch of the
court of common pleas embracing such county, in the same manner
as a judgment transferred from the court of common pleas of
another county.
§ 722. Direct appeals from courts of common pleas.
(a) General rule.--The Supreme Court shall have exclusive
jurisdiction of appeals from final orders of the courts of
common pleas in the following classes of cases:
(1) Matters prescribed by general rule.
(2) The right to public office.
(3) Matters where the qualifications, tenure or right to
serve, or the manner of service, of any member of the
judiciary is drawn in question.
(4) Automatic review of sentences as provided by [42
Pa.C.S. §§] sections 9546(d) (relating to relief and order)
and 9711(h) (relating to review of death sentence).
(5) Supersession of a district attorney by an Attorney
General or by a court or where the matter relates to the
convening, supervision, administration, operation or
discharge of an investigating grand jury or otherwise
directly affects such a grand jury or any investigation
conducted by it.
(6) Matters where the right or power of the Commonwealth
or any political subdivision to create or issue indebtedness
is drawn in direct question.
(7) Matters where the court of common pleas has held
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invalid as repugnant to the Constitution, treaties or laws of
the United States, or to the Constitution of this
Commonwealth, any treaty or law of the United States or any
provision of the Constitution of, or of any statute of, this
Commonwealth, or any provision of any home rule charter.
(8) Matters where the right to practice law is drawn in
direct question.
(b) Exception.--The Supreme Court shall not have
jurisdiction under subsection (a)(7) of such classes of appeals
from the courts of common pleas as are by section 762 (relating
to appeals from courts of common pleas) within the exclusive
jurisdiction of the appellate division of the Medical
Professional Liability Court.
§ 724. Allowance of appeals from [Superior and Commonwealth
Courts] intermediate appellate courts.
(a) General rule.--Except as provided by section 9781(f)
(relating to limitation on additional appellate review), final
orders of the Superior Court and final orders of the
Commonwealth Court not appealable under section 723 (relating to
appeals from Commonwealth Court) may be reviewed by the Supreme
Court upon allowance of appeal by any two justices of the
Supreme Court upon petition of any party to the matter.
(a.1) Medical Professional Liability Court appeals.--Final
orders of the appellate division of the Medical Professional
Liability Court may be reviewed by the Supreme Court upon
allowance of appeal by any two justices of the Supreme Court
upon petition of any party to the matter if the petition is
granted within 90 days after it is filed.
(a.2) Scope of review.--If the petition shall be granted,
the Supreme Court shall have jurisdiction to review the order in
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the manner provided by section 5105(d)(1) (relating to scope of
appeal).
(b) Improvident appeals.--If an appeal is improvidently
taken to the Supreme Court under section 723 in a case where the
proper mode of review is by petition for allowance of appeal
under this section, this alone shall not be a ground for
dismissal, but the papers whereon the appeal was taken shall be
regarded and acted on as a petition for allowance of appeal and
as if duly filed at the time the appeal was taken.
§ 742. Appeals from courts of common pleas.
The Superior Court shall have exclusive appellate
jurisdiction of all appeals from final orders of the courts of
common pleas, regardless of the nature of the controversy or the
amount involved, except such classes of appeals as are by any
provision of this chapter within the exclusive jurisdiction of
the Supreme Court [or], the Commonwealth Court or the appellate
division of the Medical Professional Liability Court.
§ 761. Original jurisdiction.
(a) General rule.--The Commonwealth Court shall have
original jurisdiction of all civil actions or proceedings:
(1) Against the Commonwealth government, including any
officer thereof, acting in his official capacity, except:
(i) actions or proceedings in the nature of
applications for a writ of habeas corpus or post-
conviction relief not ancillary to proceedings within the
appellate jurisdiction of the court;
(ii) eminent domain proceedings;
(iii) actions or proceedings conducted pursuant to
Chapter 85 (relating to matters affecting government
units);
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(iv) actions or proceedings conducted pursuant to
[the act of May 20, 1937 (P.L.728, No.193), referred to
as the Board of Claims Act; and] 62 Pa.C.S. Ch. 17,
Subch. C (relating to board of claims);
(v) actions or proceedings in the nature of trespass
as to which the Commonwealth government formerly enjoyed
sovereign or other immunity and actions or proceedings in
the nature of assumpsit relating to such actions or
proceedings in the nature of trespass[.]; and
(vi) such matters as are by Subchapter C of Chapter
8 (relating to jurisdiction of the Medical Professional
Liability Court) within the jurisdiction of the Medical
Professional Liability Court.
(2) By the Commonwealth government, including any
officer thereof, acting in his official capacity, except:
(i) eminent domain proceedings[.]; and
(ii) such matters as are by section 832 (relating to
original jurisdiction) within the jurisdiction of the
Medical Professional Liability Court.
(3) [Arising under Article V of the act of May 17, 1921
(P.L.789, No.285), known as "The Insurance Department Act of
1921."]
(4) Original jurisdiction of which is vested in the
Commonwealth Court by any unrepealed statute hereafter
enacted.
* * *
§ 762. Appeals from courts of common pleas.
* * *
(b) Exception.--The Commonwealth Court shall not have
jurisdiction of such classes of appeals from courts of common
20100SB1497PN2311 - 8 -
pleas as are by [section]:
(1) Section 722 (relating to direct appeals from courts
of common pleas) within the exclusive jurisdiction of the
Supreme Court.
(2) Section 782 (relating to appeals from Medical
Professional Liability Court original hearing matters) within
the exclusive jurisdiction of the appellate division of the
Medical Professional Liability Court.
Section 5. Chapter 7 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER E
JURISDICTION OF APPELLATE DIVISION OF
MEDICAL PROFESSIONAL LIABILITY COURT
Sec.
781. Original jurisdiction.
§ 782. Appeals from Medical Professional Liability Court
original hearing matters.
783. Answer of certified questions of law.
784. Certification of questions of law.
§ 781. Original jurisdiction.
The appellate division of the Medical Professional Liability
Court shall have no original jurisdiction, except:
(1) in cases of mandamus and prohibition to:
(i) the judges of the Medical Professional Liability
Court when exercising the original jurisdiction of the
Medical Professional Liability Court; or
(ii) courts of inferior jurisdiction where such
relief is ancillary to matters within the appellate
jurisdiction of the division; and
(2) that the division, or any member thereof, shall have
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full power and authority when and as often as there may be
occasion to issue writs of habeas corpus under like
conditions returnable to the said court.
§ 782. Appeals from Medical Professional Liability Court
original hearing matters.
The appellate division of the Medical Professional Liability
Court shall have exclusive appellate jurisdiction of all appeals
from final orders of the Medical Professional Liability Court
entered by a single member thereof, regardless of the nature of
the controversy or the amount involved.
§ 783. Answer of certified questions of law.
(a) General rule.--The appellate division of the Medical
Professional Liability Court may answer questions of law
certified to it by a United States appellate court or the
highest appellate court or the intermediate appellate court of
any other state or jurisdiction, when requested by the
certifying court, if they are involved in any matter pending
before the certifying court questions of law of the Commonwealth
within the jurisdiction of the appellate division which may be
determinative of the matter in the certifying court and as to
which it appears to the certifying court there is no controlling
precedent in the decisions of the appellate division.
(b) Contents of certification order.--A certification order
shall set forth:
(1) The questions of law to be answered.
(2) A statement of all facts relevant to the questions
certified and showing fully the nature of the controversy in
which the question arose.
(c) Preparation of certification order.--The certification
order shall be prepared by the certifying court, signed by the
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judge presiding over the matter and forwarded to the appellate
division of the Medical Professional Liability Court by the
clerk of the certifying court under its official seal. The
appellate division may require the original or copies of all or
of any portion of the record before the certifying court to be
filed with the certification order if, in the opinion of the
appellate division, the record or portion thereof may be
necessary in answering the questions.
(d) Costs of certification.--Fees and costs shall be the
same as in appeals docketed before the appellate division and
shall be equally divided between the parties unless otherwise
ordered by the certifying court in its order of certification.
(e) Briefs and argument.--Proceedings in the appellate
division under this section shall be governed by Medical
Professional Liability Court rules, which may provide
specifically for the answering and certification of questions of
law under this section.
(f) Opinion.--The written opinion of the appellate division
stating the law governing the questions certified shall be sent
by the clerk under the seal of the appellate division of the
Medical Professional Liability Court to the certifying court and
to the parties. An order adopting a written opinion shall be
subject to appeal under section 724(b) (relating to allowance of
appeals from intermediate appellate courts).
§ 784. Certification of questions of law.
(a) General rule.--The appellate division of the Medical
Professional Liability Court, on its own motion or on the
application of any party, may order certification of questions
of law to a United States appellate court or to the highest
appellate court or the intermediate appellate court of any other
20100SB1497PN2311 - 11 -
state or jurisdiction, when it appears to the appellate division
that:
(1) there are involved in any matter pending before the
appellate division questions of law of the receiving
jurisdiction which may be determinative of the matter in the
appellate division; and
(2) there is not controlling precedent in the decisions
of the appellate courts of the receiving jurisdiction.
(b) Law of case.--The certification order may contain an
undertaking on behalf of the Pennsylvania unified judicial
system that the answer to the certified question shall be deemed
the law of the case for the purposes of all further proceedings
in the courts of this Commonwealth.
(c) Procedure.--The procedures for certification from this
Commonwealth to the receiving jurisdiction shall be as provided
by the laws of the receiving jurisdiction.
Section 6. The heading of Article C of Subpart A of Part II
of Title 42 is amended to read:
ARTICLE C
MEDICAL PROFESSIONAL LIABILITY COURT
AND COURTS OF COMMON PLEAS
Section 7. Article C of Subpart A of Part II of Title 42 is
amended by adding a chapter to read:
CHAPTER 8
ORGANIZATION AND JURISDICTION OF THE
MEDICAL PROFESSIONAL LIABILITY COURT
OF PENNSYLVANIA
Subchapter
A. (Reserved)
B. Organization of the Medical Professional Liability Court
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C. Jurisdiction of the Medical Professional Liability Court
D. Transitional Provisions
SUBCHAPTER A
(RESERVED)
SUBCHAPTER B
ORGANIZATION OF THE MEDICAL PROFESSIONAL
LIABILITY COURT
Sec.
811. Medical Professional Liability Court.
812. Powers of Medical Professional Liability Court.
813. Seat of court.
814. Lien of judgments for money.
§ 811. Medical Professional Liability Court.
There is established a Medical Professional Liability Court
of Pennsylvania which shall consist of 18 judges.
§ 812. Powers of Medical Professional Liability Court.
The Medical Professional Liability Court shall have power to
issue, under its judicial seal, every lawful writ and process
necessary or suitable for the exercise of its jurisdiction and
for the enforcement of any order which it may make, including
such writs and process to or to be served or enforced by system
and related personnel as the courts of common pleas are
authorized by law or usage to issue. The court shall also have
all powers of a court of record possessed by the courts of
common pleas.
§ 813. Seat of court.
(a) Central filing.--The Medical Professional Liability
Court shall maintain offices for the receipt of filings at one
or more locations within this Commonwealth as may be prescribed
by Medical Professional Liability Court rule.
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(b) Regular sessions.--The regular sessions of the Medical
Professional Liability Court shall be held in the eastern
district of Pennsylvania with locations in Norristown and
Scranton, middle district of Pennsylvania with locations in
Harrisburg and Williamsport and western district of Pennsylvania
with locations in Pittsburgh and Erie.
(c) Other sessions.--Within the limits of available
appropriations, special sessions of the Medical Professional
Liability Court may be held at such other places from time to
time within this Commonwealth as may be necessary for the
convenience of parties or witnesses.
(d) Reimbursement.--When regular or other sessions of the
Medical Professional Liability Court are held in facilities
provided by counties under this section, reimbursement for
actual and reasonable expenses shall be made to the counties
from the Medical Professional Liability Court Fund.
§ 814. Lien of judgments for money.
Any judgment or other order of the Medical Professional
Liability Court for the payment of money shall not be a lien
upon real property in any county until it is entered of record
in the office of the clerk of the court of common pleas of the
county in which the property is situated, or in the office of
the clerk of the branch of the court of common pleas embracing
such county, in the same manner as a judgment transferred from
the court of common pleas of another county.
SUBCHAPTER C
JURISDICTION OF THE MEDICAL PROFESSIONAL
LIABILITY COURT
Sec.
831. Definitions.
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832. Original jurisdiction.
833. Exclusive jurisdiction.
§ 831. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Health care provider." An individual or health care
facility that is licensed, certified or otherwise authorized to
provide health care under the laws of this Commonwealth. The
term also includes both of the following:
(1) An officer, employee or agent of a health care
provider acting within the scope of the person's duties and
authority.
(2) A legal entity through which one or more health care
providers deliver health care, including, but not limited to,
a professional corporation, a partnership or limited
liability company.
"Medical professional liability claim." A claim brought by
or on behalf of an individual seeking damages for loss sustained
by the individual as a result of an injury or wrong to the
individual or another individual arising from a health care
provider's provision of or failure to provide health care
regardless of the theory of liability. A medical professional
liability claim includes, but is not limited to, a claim
grounded in negligence, informed consent, breach of contract,
misrepresentation or fraud.
§ 832. Original jurisdiction.
The Medical Professional Liability Court shall have original
jurisdiction of all civil actions or proceedings against a
health care provider for all medical professional liability
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claims.
§ 833. Exclusive jurisdiction.
Except as provided in section 721 (relating to original
jurisdiction), the jurisdiction of the Medical Professional
Liability Court under section 832 (relating to original
jurisdiction) shall be exclusive.
SUBCHAPTER D
TRANSITIONAL PROVISIONS
Sec.
841. Organization of court.
842. Existing cases unaffected.
843. Rules.
844. Procurement of juries.
845. Filing fees.
846. Expiration review.
§ 841. Organization of court.
(a) General rule.--The Medical Professional Liability Court
shall meet and organize in the City of Harrisburg. The court
shall procure the necessary supplies, equipment and personnel to
commence operation and promulgate any necessary rules of court
or operating procedures. When the court is organized and ready
for the transaction of business, the president judge of the
court shall so certify to the Governor, who shall issue a
proclamation stating that the court is organized and ready for
the transaction of its judicial business.
(b) Initial term of office.--The Governor shall appoint
persons to serve as judges of the court for purposes of
organizing its affairs. In order to permit the efficient
organization of the court, the date of appointment by the
Governor shall be deemed to be the date on which the vacancies
20100SB1497PN2311 - 16 -
in the offices of the initial judges of the court filled by the
Governor under this subsection occurred, so that the first
election of judges of the court shall not be held until the
first municipal election following the initial appointment by
the Governor.
§ 842. Existing cases unaffected.
A change in jurisdiction effected by amendments to this title
or to any other act shall not affect the jurisdiction of any
court over any pending matter, but, in the interest of justice,
an existing matter may be transferred to the Medical
Professional Liability Court.
§ 843. Rules.
(a) Medical Professional Liability Court.--Prior to the
commencement of operations, specific rules shall be adopted that
will be applicable to original matters heard in the Medical
Professional Liability Court.
(b) Appellate division.--Until otherwise provided by Medical
Professional Liability Court rule, the Pennsylvania Rules of
Appellate Procedure shall be applicable to matters in the
appellate division of the Medical Professional Liability Court,
and rules of court promulgated by the Medical Professional
Liability Court applicable in the appellate division shall be
classified under Rule 104 of the Pennsylvania Rules of Appellate
Procedure.
§ 844. Procurement of juries.
Until otherwise provided by Medical Professional Liability
Court rule, the procedures for the selection, compensation and
maintenance of juries for service in the Commonwealth Court
shall be applicable to the selection, compensation and
maintenance of juries in the Medical Professional Liability
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Court.
§ 845. Filing fees.
Until otherwise provided by Medical Professional Liability
Court rule, the fee bill applicable in the Commonwealth Court
shall be applicable in the Medical Professional Liability Court.
§ 846. Expiration review.
(a) Reports to General Assembly.--The following reports
shall be submitted within 120 days after the expiration of ten
years after entry by the Medical Professional Liability Court of
its first final order in any action, proceeding or appeal:
(1) The Medical Professional Liability Court shall
submit to the General Assembly any recommendations for
legislation relating to size, structure or operations of the
court.
(2) The Attorney General shall submit a report to the
General Assembly reviewing and commenting upon the operations
of the Medical Professional Liability Court and making any
recommendations for legislation relating to size, structure
or operations of the court.
(b) Request for comments.--Appropriate committees of the
General Assembly shall request comments from the organized bar
and the general public concerning the size, structure and
operations of the Medical Professional Liability Court.
Section 8. Chapter 21 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER G
MEDICAL PROFESSIONAL LIABILITY COURT
QUALIFICATIONS COMMISSION
Sec.
§ 2161. Medical Professional Liability Court Qualifications
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Commission.
§ 2162. Composition of Medical Professional Liability Court
Qualifications Commission.
2163. Organization.
2164. Powers and duties.
§ 2161. Medical Professional Liability Court Qualifications
Commission.
(a) General rule.--The Medical Professional Liability Court
Qualifications Commission shall consist of 12 residents of this
Commonwealth selected as provided in this subchapter.
(b) Seal.--The Medical Professional Liability Court
Qualifications Commission shall have a seal engraved with its
name and such other inscriptions as may be specified by Medical
Professional Liability Court rule. A facsimile or preprinted
seal may be used for all purposes in lieu of the original seal.
(c) Status.--The Medical Professional Liability Court
Qualifications Commission shall not be deemed to be an agency
for purposes of 65 Pa.C.S. Ch. 7 (relating to open meetings).
§ 2162. Composition of Medical Professional Liability Court
Qualifications Commission.
(a) General rule.--The Medical Professional Liability Court
Qualifications Commission shall consist of:
(1) Three commissioners appointed by the President pro
tempore of the Senate.
(2) Three commissioners appointed by the Minority Leader
of the Senate.
(3) Three commissioners appointed by the Speaker of the
House of Representatives.
(4) Three commissioners appointed by the Minority Leader
of the House of Representatives.
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(b) Qualifications.--Two of the commissioners appointed
under each paragraph of subsection (a) shall be members of the
bar of the courts of this Commonwealth. The third commissioner
appointed in each case shall be a nonlawyer elector.
(c) Terms of office.--Except as provided in subsection (e),
each commissioner shall be appointed for a four-year term. A
commissioner shall not be appointed for more than two successive
full terms. An appointment to fill an unexpired term which has
fewer than two years remaining shall not be deemed a full term.
A vacancy on the commission shall be filled for the balance of
the term by appointment made by the person who at the time is
the ranking member in the same chamber of the General Assembly
and of the same political party as the person who appointed the
vacating member of the commission.
(d) Restriction on public or political activities.--During a
commissioner's term of service, a commissioner shall not hold:
(1) A compensated public office or public appointment.
(2) Office in any political party or political
organization.
(e) Transitional provisions.--
(1) The initial Medical Professional Liability Court
Qualifications Commission provided for in this section shall
come into existence upon the effective date of this chapter.
(2) The initial members of the Medical Professional
Liability Court Qualifications Commission shall serve as
follows:
(i) the commissioners appointed by the President pro
tempore of the Senate, one each for two, three and four
years;
(ii) the commissioners appointed by the Minority
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Leader of the Senate, one each for two, three and four
years;
(iii) the commissioners appointed by the Speaker of
the House of Representatives, one each for one, two and
three years; and
(iv) the commissioners appointed by the Minority
Leader of the House of Representatives, one each for one,
two and three years.
§ 2163. Organization.
The Medical Professional Liability Court Qualifications
Commission shall elect a presiding officer from among its
members and shall establish its own rules of procedure. The
Medical Professional Liability Court shall furnish such staff
support as may be necessary for the conduct of the business of
the commission. The cost and expense of the commission shall be
paid out of the Medical Professional Liability Court Fund
established under section 3591 (relating to Medical Professional
Liability Court Fund).
§ 2164. Powers and duties.
(a) General rule.--The Medical Professional Liability Court
Qualifications Commission shall evaluate the qualifications of
all of the following:
(1) Applicants seeking election as a judge of the
Medical Professional Liability Court who request evaluation
of their qualifications pursuant to section 3161(c) (relating
to election of judges of the Medical Professional Liability
Court).
(2) Applicants seeking appointment by the Governor to a
vacancy on the Medical Professional Liability Court pursuant
to section 3162 (relating to vacancies in office of judge of
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the Medical Professional Liability Court).
(3) Judges of the Medical Professional Liability Court
who seek retention in office pursuant to section 3163
(relating to retention of judges of the Medical Professional
Liability Court).
(b) Rules and regulations.--The commission may adopt such
rules and regulations as it deems necessary to discharge its
duties.
(c) Immunity.--A member of the commission shall not be held
to have violated any criminal law or to be civilly liable under
any law by reason of the performance by the member of any duty,
function or activity authorized or required of the commission if
the member has exercised due care in such performance. This
subsection shall not apply with respect to any action taken by
any individual if the individual, in taking the action, was
motivated by malice toward any person affected by the action.
Section 9. Sections 3131, 3132 and 3153 of Title 42 are
amended by adding subsections to read:
§ 3131. Selection of judicial officers for regular terms.
* * *
(f) Medical Professional Liability Court.--The judges of the
Medical Professional Liability Court shall be elected in the
manner provided in section 3161 (relating to election of judges
of the Medical Professional Liability Court).
§ 3132. Vacancies in office.
* * *
(e) Medical Professional Liability Court.--Subsections (a)
through (d) shall not apply to a vacancy in the office of a
judge of the Medical Professional Liability Court. The
provisions of section 3162 (relating to vacancies in office of
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judge of the Medical Professional Liability Court) shall apply.
§ 3153. Retention elections after regular term.
* * *
(d) Medical Professional Liability Court.--Except as
provided in section 3163 (relating to retention of judges of the
Medical Professional Liability Court), subsections (a) through
(c) shall apply to the judges of the Medical Professional
Liability Court.
Section 10. Chapter 31 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER E
SELECTION AND RETENTION OF JUDGES
OF THE MEDICAL PROFESSIONAL LIABILITY COURT
Sec.
§ 3161. Election of judges of the Medical Professional
Liability Court.
§ 3162. Vacancies in office of judge of the Medical
Professional Liability Court.
§ 3163. Retention of judges of the Medical Professional
Liability Court.
§ 3161. Election of judges of the Medical Professional
Liability Court.
(a) General rule.--Judges of the Medical Professional
Liability Court shall be elected for a regular term of office at
the municipal election next preceding the commencement of their
respective regular terms of office by the electors of this
Commonwealth.
(b) Special procedures.--The judges of the Medical
Professional Liability Court shall be elected as provided in the
act of June 3, 1937 (P.L.1333, No.320), known as the
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Pennsylvania Election Code, except that:
(1) The following dates prescribed by the Pennsylvania
Election Code shall not apply:
(i) The date by which the Secretary of the
Commonwealth is to notify the county boards of election
of the offices for which candidates are to be nominated
at the ensuing primary.
(ii) The date by which the county boards of election
are to publish notice of public offices for which
nominations are to be made.
(2) The date before and after which nomination petitions
and nomination papers may be circulated shall be 60 days
prior to the dates that would otherwise apply in the absence
of this section.
(3) Candidates for nomination who desire to have their
qualifications evaluated by the Medical Professional
Liability Court Qualifications Commission shall proceed as
provided in subsection (c). Candidates who do not desire to
have their qualifications evaluated by the commission shall
not be subject to subsection (c) and shall proceed instead in
the manner provided in the Pennsylvania Election Code.
(4) Candidates for nomination shall present a nominating
petition containing valid signatures of at least 1,000
registered and enrolled members of the proper party,
including at least 100 members from each of at least five
counties.
(5) Each person filing a nomination petition or
nomination papers for a candidate shall pay a filing fee, at
the time of filing either with the commission or the
Department of State, as the case may be, of $200. A
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nomination petition or nomination papers shall not be
accepted or filed unless and until the filing fee is paid in
cash or by certified or cashier's check or money order made
payable to the Commonwealth of Pennsylvania. All moneys paid
on account of filing fees for candidates for nomination for
the office of judge of the Medical Professional Liability
Court shall be transmitted to the State Treasurer and shall
become part of the Medical Professional Liability Court Fund.
(6) (Reserved).
(7) On all official ballots except absentee ballots, the
names of all candidates from the same political party for
nomination or election shall be rotated from one precinct to
another. On absentee ballots the names of those candidates
shall be so alternated that each name shall appear, insofar
as reasonably possible, substantially an equal number of
times at the beginning, at the end and at each intermediate
place, if any, of the group of candidates from the same
political party.
(c) Evaluation of qualifications.--Candidates who desire to
have their qualifications evaluated by the commission shall
proceed in the following fashion:
(1) Nomination petitions and nomination papers shall be
filed with the commission instead of the Department of State
and must be filed with the commission no later than 60 days
prior to the date for filing nomination petitions and
nomination papers generally.
(2) The affidavit of candidates submitted to the
commission shall be in the form prescribed by the
Pennsylvania Election Code, with such additional information
as may be required by the rules and regulations of the
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commission.
(3) The commission shall evaluate the qualifications of
each candidate in accordance with such criteria and measures
of qualification as the commission promulgates in regulations
and shall assign each candidate a rating of one of the
following:
(i) Extremely well qualified.
(ii) Well qualified.
(iii) Qualified.
(iv) Unqualified.
(4) The commission shall publish in the Pennsylvania
Bulletin a report containing the rating assigned to each
candidate by the commission. The report of the commission
shall be published not later than the date the nomination
petition or nomination papers of the candidate would have
been due to be filed absent the provisions of this
subsection. The report shall include the nomination petition
or nomination papers and the affidavit of the candidate.
(5) A determination by the commission to report a
candidate as unqualified may be challenged in the same manner
as a contested nomination of the second class under Article
XVII(b) of the Pennsylvania Election Code, except that the
petition commencing the proceeding shall be filed by the
candidate himself within 20 days after the last day for
filing reports of the commission with the Department of
State. A determination by the commission to report a
candidate as extremely well qualified, well qualified or
qualified shall not be subject to challenge.
§ 3162. Vacancies in office of judge of the Medical
Professional Liability Court.
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(a) General rule.--A vacancy in the office of judge of the
Medical Professional Liability Court shall be filled by
appointment by the Governor in the manner provided in this
section.
(b) Advertisement of vacancy.--Whenever a vacancy occurs in
the office of judge of the Medical Professional Liability Court,
the Medical Professional Liability Court Qualifications
Commission shall publicly advertise the vacancy and solicit
applications. When it is known that a vacancy will occur in the
future on a date certain, the process set forth in this section
may begin 90 days prior to that date.
(c) Preparation of list.--From the applications received,
the commission shall prepare and submit to the Governor a list
of not more than seven persons who are qualified to hold the
office of judge of the Medical Professional Liability Court.
When more than one vacancy exists, the maximum number of persons
who may be included on the list submitted to the Governor shall
be increased by two persons for each additional vacancy. The
list shall be submitted to the Governor no later than 60 days
after the vacancy occurs. Immediately following submission of
the list to the Governor, the list shall be filed with the
Senate and made public by the commission. The commission shall
maintain the confidentiality of the information on the list but
disclose the names of applicants whose names do not appear on
the list and applicants who have not requested that their names
remain confidential.
(d) Vote required for commission endorsement.--The list
submitted to the Governor shall contain the names of those
persons who receive affirmative votes from eight or more
commissioners, except that the number of persons shall not
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exceed the limitations imposed by subsection (c).
(e) Nomination to Senate.--The Governor shall nominate from
the list one person for each vacancy with respect to which a
list of recommended applicants has been submitted. If the
Governor does not nominate, within 30 days of receipt of the
list, as many of the persons recommended as there are vacancies
to be filled, the first person or persons named on the list in
the order determined by the commission who have not been
nominated by the Governor, up to the number of vacancies the
Governor has failed to make nominations for, shall be deemed
nominated.
(f) Action by Senate.--Senate action on a nomination to fill
a vacancy in the office of judge of the Medical Professional
Liability Court shall be in accordance with section 8 of Article
IV of the Constitution of Pennsylvania.
(g) Substitute nominations.--The Governor may make a
substitute nomination from the list within 30 days after
receiving notification from the Senate of the rejection of a
prior nominee; otherwise, the ranking person on the list who has
not been rejected by the Senate shall be deemed nominated as a
substitute.
(h) Rejection of all candidates.--If all of the persons on a
list have been nominated and rejected by the Senate, the Senate
shall so notify the commission. The commission shall meet within
ten days of receipt of notification by the Senate and publicly
select by lot one person from the list. The person selected
shall thereupon be deemed appointed and confirmed to the vacant
position and shall be so commissioned by the Governor.
§ 3163. Retention of judges of the Medical Professional
Liability Court.
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At the expiration of the term of office of a judge of the
Medical Professional Liability Court, the judge shall be subject
to retention in office and retirement as provided in this part,
except that, whenever a judge of the Medical Professional
Liability Court files a declaration of candidacy for retention
election, the Medical Professional Liability Court
Qualifications Commission shall review the judge's judicial
performance and shall, on or before the first Monday of April of
the year of the retention election, report to the Department of
State whether or not in the opinion of the commission the judge
is qualified to be retained in office.
Section 11. Title 42 is amended by adding a section to read:
§ 3582. Salaries of judges of Medical Professional Liability
Court.
(a) Salaries.--The annual salary of the President Judge of
the Medical Professional Liability Court shall be $104,500. The
annual salary of each of the other judges of the Medical
Professional Liability Court shall be $104,000.
(b) Annual cost-of-living adjustment.--Beginning January 1
of the year which is five years after the effective date of this
section and each January 1 thereafter, the annual salaries under
this section shall be increased by the percentage change in the
Consumer Price Index for All Urban Consumers (CPI-U) for the
Pennsylvania, New Jersey, Delaware and Maryland area for the
most recent 12-month period for which figures have been
officially reported by the Department of Labor, Bureau of Labor
Statistics, immediately prior to the date the adjustment is due
to take effect. The percentage increase and salary amounts shall
be determined prior to the annual effective date of the
adjustment by the Supreme Court and shall be published in the
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Pennsylvania Bulletin by the Court Administrator of Pennsylvania
within 20 days of the date the determination is made.
Section 12. Chapter 35 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER G
MEDICAL PROFESSIONAL LIABILITY COURT FUND
Sec.
3591. Medical Professional Liability Court Fund.
3592. Receipts and other credits.
3593. Payments and other debits.
§ 3591. Medical Professional Liability Court Fund.
There is established in the State Treasury a special
operating fund to be known as the Medical Professional Liability
Court Fund. Debits and credits shall be made to that fund under
this subchapter. The operating and capital expenses of the
Medical Professional Liability Court shall be paid solely from
the Medical Professional Liability Court Fund.
§ 3592. Receipts and other credits.
(a) General rule.--There shall be paid or credited to the
Medical Professional Liability Court Fund:
(1) Amounts appropriated to the Medical Professional
Liability Court in the manner provided by law.
(2) The following surcharges, which are hereby imposed:
(i) A surcharge upon the health care facility
licensure application and renewal fees of the Department
of Health under section 807(b) of the act of July 19,
1979 (P.L.130, No.48), known as the Health Care
Facilities Act, in the amount of 10% of each such fee.
(ii) A surcharge upon the civil penalties collected
by the Department of Health under section 817(b) of the
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Health Care Facilities Act, in the amount of 25% of each
such fee.
(iii) A surcharge upon the licensing, examination,
registration, certificates and other fees of all health
care-related professionals of the Bureau of Professional
and Occupational Affairs of the Department of State, in
the amount of 10% of each such fee.
(3) Amounts received by the Commonwealth on account of
the operation of the Medical Professional Liability Court.
Fees and charges of the Medical Professional Liability Court
shall be fixed by the governing authority of the Medical
Professional Liability Court with a view initially to the
operation of the Medical Professional Liability Court on a
self-sustaining basis to the extent feasible and eventually
to the elimination of the surcharges set forth in paragraph
(2)(ii) and (iii) and the reduction of the surcharge set
forth in paragraph (2)(i).
(b) Money paid into court.--Money paid into court shall not
be credited to the Medical Professional Liability Court Fund
except to the extent that the amounts constitute an allowance
due a public officer upon the amount levied under an execution.
§ 3593. Payments and other debits.
There shall be disbursed from or debited to the Medical
Professional Liability Court Fund amounts payable by the
Commonwealth on account of the operation of the Medical
Professional Liability Court.
Section 13. Sections 5105(b) and 5571(a) of Title 42 are
amended to read:
§ 5105. Right to appellate review.
* * *
20100SB1497PN2311 - 31 -
(b) Successive appeals.--
(1) Except as otherwise provided in this subsection, the
rights conferred by subsection (a) are cumulative, so that a
litigant may as a matter of right cause a final order of any
tribunal in any matter which itself constitutes an appeal to
such tribunal, to be further reviewed by the court having
jurisdiction of appeals from such tribunal. Except as
provided in section 723 (relating to appeals from the
Commonwealth Court) there shall be no right of appeal from
the Superior Court or the Commonwealth Court to the Supreme
Court under this section or otherwise.
(2) There shall be a right of appeal in all cases from
the Medical Professional Liability Court to its appellate
division, which shall constitute a separate court for the
purposes of section 9 of Article V of the Constitution of
Pennsylvania, but, except as provided in section 724(b)
(relating to allowance of appeals from intermediate appellate
courts), there shall be no right of appeal from the Medical
Professional Liability Court or the appellate division of the
Medical Professional Liability Court to the Supreme Court
under this section or otherwise.
* * *
§ 5571. Appeals generally.
(a) General rule.--The time for filing an appeal, a petition
for allowance of appeal, a petition for permission to appeal or
a petition for review of a quasi-judicial order, in the Supreme
Court, the Superior Court [or], the Commonwealth Court or the
Medical Professional Liability Court shall be governed by
general rules. No other provision of this subchapter shall be
applicable to matters subject to this subsection.
20100SB1497PN2311 - 32 -
* * *
Section 14. This act shall take effect in 30 days.
20100SB1497PN2311 - 33 -