DISCLOSURE

1. (a) Purpose. This section implements the act of May 26, 1988 (P.L. 403, No. 66) (35 P.S. § § 449.21—449.23).
2. (b) Requirement. A licensee of the Board referring a patient for health-related services, devices or products to a business, service provider, facility or entity in which the licensee or a member of the licensee’s family has a financial or ownership interest to any extent or degree, shall disclose that interest prior to making the referral, and shall notify the patient of his freedom to choose an alternate provider.

3. (c) Guidelines for disclosure.

   1. (1) Posting notice of disclosure requirement. It is recommended that compliance with the disclosure requirement include the prominent posting of a printed notice at least 8 1/2" x 11", legible from 3 feet, posted in the patient waiting area, as follows:

      ‘‘Treatment in this office may include a referral for further health-related services, devices or products. Pennsylvania law requires any health-care practitioner to disclose to you any financial interest he has in any health-care facility in which he recommends further health-related services, devices or products. (Act 66-1988)’’

   2. (2) Written notice. When a licensee of the Board makes such a referral, the licensee or a delegate should advise the patient and retain the following document in the patient’s file:

      ‘‘I have been referred to

      . I understand that my (licensee’s profession) has a financial interest in this business, and that I am free to choose an alternate provider.’’ (Signature of Patient)

Source

The provisions of this § 23.101 adopted June 26, 1992, effective June 27, 1992, 22 Pa.B. 3187.