What We're Watching....

Noncompete Clauses/Restrictive Covenants

 

            On July 17, 2024 Governor Shapiro signed HB1633 into law.  The measure, known as Act 74 of 2024 places, for the first time in PA statutory restrictions on noncompete agreements in physician employment contracts.  Act 74 will limit noncompete agreements in physician contracts to maximum duration of one year.  In a related matter, on August 20, 2024, a Federal District Court judge in Texas struck down the Federal noncompete rule.

 

Senate Bill 25

 

            A scope of practice measure that continues to be of interest to the physician community is SB25.  This legislation is known as the Rural Certified Registered Nurse Practitioner Health Care Access Program.  If passed into law, this program could be implemented in the 49 (our of 66) counties of the Commonwealth that are deemed rural.

 

            This bill will allow an eligible rural Certified Registered Nurse Practitioner to practice as an independent primary healthcare practitioner without a written or collaborative agreement with a physician.  The bill requires a CRNP to comply with the requirements of law and standard of advanced nursing care and recognize limitations in knowledge and experience. A CRNP must wear a name identification badge showing the professional title and must inform patients of the title before or during the initial patient encounter. Any signage or advertisements must contain a CRNP’s professional title. A CRNP is required to plan for the management of situations beyond a CRNP’s expertise and consult with and refer patients to other health care providers as appropriate. Senate Bill 25 excludes a collaborating physician from having any legal responsibility for acts or omissions of a CRNP while practicing under the program when there is a written or collaborative agreement with the physician outside of the program. The bill specifically prohibits a CRNP from practicing under the Medical Practice Act of 1985 or the Osteopathic Medical Practice Act through the program. No physician-patient relationship is established when a CRNP consults with a physician or seeks clinical information or guidance.

 

            SB25 has been reported out of the Senate Consumer Protection and Professional Licensure Committee as well as the Senate Appropriations Committee.  It currently is on the legislative calendar for full Senate consideration this fall.

 

House Bill 1235

 

            SB 1235, if passed, would authorize PA to join the Audiology and Speech Language Pathology Interstate Compact.  Although 33 states have passed legislation to join the Compact as of this writing, PAO has taken the position of opposing the legislation as currently written. 

 

Reasons for opposing the legislation are as follows;

 

• Despite assurances to the contrary, the proposed Interstate Compact for Audiology and Speech-language Pathology attempts to overtake the established licensure process and create a compact that puts the protection of the public in their own hands by creating a Commission that can override state laws,

• “Unlike the medical licensure compact where a physician must already be licensed

            to practice in a state (voluntary expedited licensure), this compact attempts to create and   dictate initial universal licensure for two very different professions without adequate        quality standards.  For example, an ASLP licensed in a state with lower standards of          practice would be allowed to practice in a state with stronger practice standards.

• Telehealth: The current compact proposal would allow any compact member to practice telehealth in any other member’s state without documenting appropriate standards of care are being met.

• Exclusion of physician members: Physician members are appointed to the state ASLP licensing boards, but this is excluded in the Compact.

• This compact calls for an audiology or speech language pathology service provider to be in compliance with state practice laws outside of their home state yet, the compact negates states’ jurisdictional testing requirements.

• Oversight is missing from the compact including continuing education.

 

            On August 29, 2024 members of the PAO had a meeting with the prime sponsor of the bill to relay their concerns with the legislation.  From this discussion we found out that the legislation would most likely not advance this fall and will be reintroduced next year when the new legislative session begins.  During the next 3 months, PAO will work with House staff to see if common ground can be found resulting in possible amendments to the measure.

​

​

​

​

​2025 General Assembly Session Dates 

 

STATE HOUSE OF REPRESENTATIVES

tba
 

STATE SENATE

tba