Subchapter D. HEALTH CARE MALPRACTICE

§ 16.31. Notification.

 (a)  Applicants for original licensure. A physician or surgeon who has successfully passed the medical examination or who has been approved for licensure by endorsement will be notified by letter that he may enter upon the practice of medicine in this Commonwealth only after:

   (1)  Registering with the Department of State under section 25 of the act (63 P. S. §  422.25).

   (2)  Complying with section 701 of the Health Care Services Malpractice Act (40 P. S. §  1301.701), by making prompt application for malpractice insurance.

 (b)  Licensees applying for biennial renewal. A licensee applying for biennial renewal will be notified with the renewal application that if he practices in this Commonwealth he is required to furnish satisfactory proof to the Office of the Medical Professional Liability Catastrophe Loss Fund that he is in compliance with the Health Care Services Malpractice Act (40 P. S. § §  1301.101—1301.1006).

 An applicant for licensure or a licensee applying for biennial review as required by the Health Care Services Malpractice Act (40 P. S. § §  1301.101—1301.1006), and the regulations pertaining thereto, shall maintain the required amount of professional liability insurance or an approved self-insurance plan and shall have paid the required fee and surcharges as set forth therein.

   (1)  A licensee practicing solely as a Federal employe is not required to participate in the professional liability insurance program, nor is the licensee required to comply with the Health Care Services Malpractice Act.

   (2)  A licensee who provides no medical service in this Commonwealth is not required to pay the arbitration fees or comply with the insurance requirements of the Health Care Services Malpractice Act. Proof of nonpractice shall be furnished by notarized statement.

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

 Failure to comply with the Health Care Services Malpractice Act (40 P. S. § §  1301.101—1301.1006), the regulations issued thereunder, and this subchapter will result in the suspension or revocation of a license after a formal hearing.

   In reversing the Board’s decision to revoke a physician’s license for failure to maintain malpractice insurance, the Commonwealth Court may not inquire into the wisdom of the administrative action but must limit its review to determining whether the adjudication represents a manifest abuse of dis-cretion or purely arbitrary execution of the Board’s duties or functions. Slawek v. State Board of Medical Education and Licensure, 586 A.2d 362 (Pa. Super. 1991). (Editor’s Note: The court cited to §  17.223 which is now reserved.)