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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

55 Pa. Code § 1221.44. Additional participation requirements for independent clinics.

§ 1221.44. Additional participation requirements for independent clinics.

 In addition to the participation requirements listed in §  1221.41 (relating to participation requirements), independent medical clinics shall:

   (1)  Be currently receiving funds or have received initial start-up funds through Federal public health service programs such as the Community Health Center Program (42 U.S.C.A. §  254c), Migrant Health Program (42 U.S.C.A. §  254b), National Health Service Corps (42 U.S.C.A. §  254d) or the Appalachian Regional Development Program (40 U.S.C.A. § §  202 and 214) or through the Department of Health’s Division of Primary Health Care Development.

   (2)  Provide services either directly by a physician or under the supervision of a physician. This means that one or more physicians shall be on staff to either provide directly or supervise the provision of services. If a physician does not provide services directly, then the services shall be provided by a certified registered nurse practitioner within the scope of the Medical Practice Act of 1974 (63 P. S. § §  421.1—421.18) and the Professional Nursing Law (63 P. S. § §  211—225) or by a physician assistant within the scope of the Medical Practice Act of 1974 (63 P. S. § §  421.1—421.18) or the Osteopathic Medical Practice Act (63 P. S. § §  271.1—271.18).

   (3)  Provide medical services for a minimum of 40 hours per week.

   (4)  Not limit the number of patients it serves by virtue of the payment source.

   (5)  Provide direct emergency medical care and, through formal agreements, provide for access to health care for medical emergencies during and after the regularly scheduled hours of the clinic.


   The provisions of this §  1221.44 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.

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