Subchapter D. PROFESSIONAL LIABILITY INSURANCE


Sec.


5.41.    Certification of professional liability insurance.
5.42.    Notification of termination of coverage.
5.43.    Waiver of requirement for professional liability insurance.
5.44.    Effective date.

§ 5.41. Certification of professional liability insurance.

 (a)  A licensee who is practicing in this Commonwealth shall maintain professional liability insurance or an approved self-insurance plan for professional liability in the minimum amount of $100,000 per occurrence and $300,000 per annual aggregate.

 (b)  A licensee shall certify compliance with subsection (a) on the licensee’s biennial registration application. A registration will not be issued unless the licensee provides the certification which shall consist of a certificate of insurance or copy of the declaration page from the insurance policy setting forth the effective date, expiration date and policy coverage in the amounts required. If the licensee requests a waiver of the requirement for professional liability insurance in accordance with §  5.43 (relating to waiver of requirement for professional liability insurance), the licensee’s application for biennial registration will be conditionally approved pending determination of the waiver request by the Board and the issuance of a final order thereon.

 (c)  A licensee shall make available to the Board or its agents all records, relating to the licensee’s maintenance of professional liability insurance, including policies, cancelled checks, receipts or other proofs of premium payment or compliance with standards for self-insurance plans.

 (d)  A licensee is not required to maintain professional liability insurance for a biennial registration period in which a license has been classified as inactive or unregistered and the licensee has not practiced in this Commonwealth. Professional liability insurance is required for any portion of the biennial registration period in which the license is active.

Authority

   The provisions of this §  5.41 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302).

Source

   The provisions of this §  5.41 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944.

Cross References

   This section cited in 49 Pa. Code §  5.12 (relating to licensure by examination); 49 Pa. Code §  5.13 (relating to licensure by reciprocity); 49 Pa. Code §  5.17 (relating to biennial registration; unregistered status and inactive status; failure to renew; address of record); 49 Pa. Code §  5.42 (relating to notification of termination of coverage); and 49 Pa. Code §  5.44 (relating to effective date).

§ 5.42. Notification of termination of coverage.

 (a)  A licensee shall notify the Board in writing within 30 days of the cancellation of the licensee’s professional liability insurance or of the licensee’s failure or refusal or the failure or refusal of the insurance carrier which issued the licensee’s professional liability insurance to renew the licensee’s professional liability insurance, or the termination of the licensee’s self-insurance plan for professional liability.

 (b)  The license of a licensee whose professional liability insurance is terminated shall be automatically suspended 60 days after the date of the termination. That license shall be restored upon payment of the required license restoration fee and submission to the Board of satisfactory evidence that the licensee has obtained professional liability insurance as required by section 508 of the act (63 P. S. §  625.508) and §  5.41 (relating to certification of professional liability insurance).

 (c)  If a licensee requests a waiver from the requirement for professional liability insurance in accordance with §  5.43 (relating to waiver of requirement for professional liability insurance), the Board may postpone the automatic suspension of the license pending the issuance of an order on the request.

Authority

   The provisions of this §  5.42 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302).

Source

   The provisions of this §  5.42 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944.

Cross References

   This section cited in 49 Pa. Code §  5.44 (relating to effective date).

§ 5.43. Waiver of requirement for professional liability insurance.

 (a)  The Board may order the waiver of the requirement for professional liability insurance if, after notice and hearing, the Board determines that the licensee’s failure to obtain the coverage is not because of his individual performance, but because of general market conditions.

 (b)  For the Board to hold a hearing on a request for waiver, the licensee shall state, in writing, the reasons why the request should be granted.

Authority

   The provisions of this §  5.43 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302).

Source

   The provisions of this §  5.43 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944.

Cross References

   This section cited in 49 Pa. Code §  5.41 (relating to certification of professional liability insurance); 49 Pa. Code §  5.42 (relating to notification of termination of coverage); and 49 Pa. Code §  5.44 (relating to effective date).

§ 5.44. Effective date.

 Sections 5.41—5.43 are effective January 27, 1992.

Authority

   The provisions of this §  5.44 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302).

Source

   The provisions of this §  5.44 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944; corrected April 3, 1992, effective December 28, 1991, 22 Pa.B. 1554. Immediately preceding text appears at serial page (165073).



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