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Rule 1042.1.Professional Liability Actions. Scope. Definition.

Adopted January 27, 2003 · Last amended June 16, 2008 · Last verified June 30, 2026

In one sentenceRule 1042.1 sets the scope of the professional-liability rules, applying them to a civil action in which a patient or client asserts a professional-liability claim — including lack of informed consent — against a licensed professional or a responsible entity, and defining the licensed professions covered.

Full Text of Rule 1042.1

Text sizeJump to: (a) (b) (c)

(a) The rules of this chapter govern a civil action in which a professional liability claim is asserted by or on behalf of a patient or client of the licensed professional against
(1) a licensed professional, and/or
(2) a partnership, unincorporated association, corporation or similar entity where the entity is responsible for a licensed professional who deviated from an acceptable professional standard, and
(b) A professional liability claim asserted against a licensed professional includes a claim for lack of informed consent.
(c) As used in this chapter, ‘‘licensed professional’’ means
(1) any person who is licensed pursuant to an Act of Assembly as
(i) a health care provider as defined by Section 503 of the Medical Care Availability and Reduction of Error (Mcare) Act, 40 P. S. § 1303.503;
(ii) an accountant;
(iii) an architect;
(iv) a chiropractor;
(v) a dentist;
(vi) an engineer or land surveyor;
(vii) a nurse;
(viii) an optometrist;
(ix) a pharmacist;
(x) a physical therapist;
(xi) a psychologist; and
(xii) a veterinarian.
(2) an attorney at law; and
(3) any professional described in paragraphs (1) and (2) who is licensed by another state.
End

Plain-English Summary

This rule marks out the special track for suits against professionals. The chapter governs a civil action in which a professional-liability claim is asserted by or on behalf of a patient or client against a licensed professional, or against an entity responsible for a licensed professional who deviated from an acceptable professional standard.

The coverage is defined by profession. A professional-liability claim includes a claim for lack of informed consent, and “licensed professional” reaches health care providers, accountants, architects, chiropractors, dentists, engineers and land surveyors, nurses, optometrists, pharmacists, physical therapists, psychologists, veterinarians, and attorneys, including such professionals licensed by other states.

Frequently Asked Questions

Which cases are “professional liability” actions?

Suits by a patient or client claiming a licensed professional — such as a doctor, lawyer, accountant, architect, or engineer — deviated from an acceptable professional standard, including claims for lack of informed consent.

Official Note

Official Note: See the CPA Law, Act of May 26, 1947, No. 318, as reenacted and amended, 63 P. S. § 9.1 et seq.

Official Note: See the Architects Licensure Law, Act of December 14, 1982, P. L. 1227,

Official Note: See the Chiropractic Practice Act of Dec. 16, 1986, P. L. 1646, No. 188, 63 P. S. § 625.101 et seq.

Official Note: See the Dental Law, Act of May 1, 1933, P. L. 216, 63 P. S. § 120 et seq.

Official Note: See The Engineer, Land Surveyor and Geologist Registration Law, Act of May 23, 1945, P. L. 913, as amended, 63 P. S. § 148 et seq.

Official Note: See the Professional Nursing Law, Act of May 22, 1951, P. L. 317, as amended, 63 P. S. § 211 et seq.

Official Note: See the Optometric Practice and Licensure Act of June 6, 1980, P. L. 197,

Official Note: See the Wholesale Prescription Drug Distributors License Act of December 14, 1992, P. L. 1116, No. 145, 63 P. S. § 391.1 et seq.

Official Note: See the Physical Therapy Practice Act of October 10, 1975, P. L. 383, No. 110, 63 P. S. § 1301 et seq.

Official Note: See the Professional Psychologists Practice Act of March 23, 1972, P. L. 136, No. 52, 63 P. S. § 1201 et seq.

Official Note: See the Veterinary Medicine Practice Act of December 27, 1974, P. L. 995,

Official Note: See Rule 76 for the definition of attorney at law.

Amendment History

The provisions of this Rule 1042.1 adopted January 27, 2003, effective immediately, 33 Pa.B. 748; amended June 16, 2008, effective immediately, 38 Pa.B. 3481. Immediately preceding text appears at serial pages (295850) and (316383).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text
Also known as: professional liabilitymalpracticelicensed professionalscope