PRIOR PRINTER'S NO. 3689 PRINTER'S NO. 3845
No. 2780 Session of 1980
INTRODUCED BY MR. POLITE, JUNE 24, 1980
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 15, 1980
AN ACT
1 Amending the act of May 22, 1951 (P.L.317, No.69), entitled, as
2 amended, "An act relating to the practice of professional
3 nursing; providing for the licensing of nurses and for the
4 revocation and suspension of such licenses, subject to
5 appeal, and for their reinstatement; providing for the
6 renewal of such licenses; regulating nursing in general;
7 prescribing penalties and repealing certain laws," providing <--
8 for hearing examiners FURTHER PROVIDING FOR HEARINGS BY THE <--
9 BOARD OR A HEARING EXAMINER AND PROVIDING FOR LEGISLATIVE
10 OVERSIGHT.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 15, THE act of May 22, 1951 (P.L.317, <--
14 No.69), known as "The Professional Nursing Law," is amended BY <--
15 ADDING A SECTION to read:
16 Section 15. All suspensions and revocations shall be made <--
17 only in accordance with the regulations of the Board, and only
18 by majority vote of the members of the Board. [after a full and
19 fair hearing before the Board.] The board shall appoint, with
20 the approval of the Governor, such hearing examiners as shall be
21 necessary to conduct hearings as may be required under this
1 section. The board shall have the power to adopt and promulgate
2 rules and regulations setting forth the functions, powers,
3 standards and duties to be followed by the hearing examiners.
4 The hearing examiners shall have the power to conduct hearings
5 in accordance with the regulations of the board, and to issue
6 subpoenas requiring the attendance and testimony of individuals
7 or the production of, pertinent books, records, documents and
8 papers by persons whom they believe to have information relevant
9 to any matter pending before the examiner. Such examiner shall
10 also have the power to administer oaths. The hearing examiner
11 shall hear evidence submitted and arguments of counsel, if any,
12 with reasonable dispatch, and shall promptly record his
13 decision, supported by findings of fact, and a copy thereof
14 shall immediately be sent to the board and to counsel of record,
15 or the parties, if not represented. If application for review is
16 made to the board within twenty (20) days from the date of any
17 decision made as a result of a hearing held by a hearing
18 examiner, the board shall review the evidence, and if deemed
19 advisable by the board, hear argument and additional evidence.
20 As soon as practicable, the board shall make a decision and
21 shall file the same with its finding of the facts on which it is
22 based and send a copy thereof to each of the parties in dispute.
23 All actions of the Board shall be taken subject to the right of
24 notice, hearing and adjudication, and the right of appeal
25 therefrom, [in accordance with the provisions of the
26 Administrative Agency Law, approved the fourth day of June, one
27 thousand nine hundred forty-five (Pamphlet Laws 1388), or any
28 amendment or reenactment thereof, relating to adjudication
29 procedure.] as provided in Title 2 of the Pennsylvania
30 Consolidated Statutes (relating to administrative law and
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1 procedure). The Board, by majority action and in accordance with
2 its regulations, may reissue any license which has been
3 suspended or revoked.
4 SECTION 15.1. LICENSING POWERS; HEARINGS; LEGISLATIVE <--
5 OVERSIGHT.--(A) THE BOARD SHALL HAVE THE FOLLOWING POWERS:
6 (1) TO GRANT, REFUSE, REVOKE OR SUSPEND ANY LICENSE TO
7 PRACTICE PROFESSIONAL NURSING IN THIS COMMONWEALTH PURSUANT TO
8 THE PROVISIONS OF THIS ACT.
9 (2) TO CONDUCT HEARINGS, INVESTIGATIONS AND DISCOVERY
10 PROCEEDINGS; TO ADMINISTER OATHS OR AFFIRMATIONS TO WITNESSES,
11 TAKE TESTIMONY, ISSUE SUBPOENAS TO COMPEL ATTENDANCE OF
12 WITNESSES OR THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER
13 MATTER: TO EXERCISE ALL POWER GRANTED BY LAW OR REGULATION IN
14 ACCORDANCE WITH THE GENERAL RULES OF ADMINISTRATIVE PRACTICE AND
15 PROCEDURE. SAID HEARING MAY BE CONDUCTED BY THE BOARD, OR A
16 DESIGNATED REPRESENTATIVE THEREOF, OR BY SUCH HEARING EXAMINER
17 AS SHALL BE APPOINTED BY THE BOARD AND APPROVED BY THE GOVERNOR.
18 THE BOARD SHALL HAVE THE POWER TO ADOPT AND PROMULGATE RULES AND
19 REGULATIONS SETTING FORTH THE FUNCTIONS, POWERS, STANDARDS AND
20 DUTIES TO BE FOLLOWED BY ANY HEARING EXAMINERS APPOINTED BY IT.
21 THE HEARING EXAMINER SHALL HAVE ALL THOSE POWERS THAT ARE VESTED
22 IN THE BOARD TO CONDUCT HEARINGS. UPON CONCLUSION OF THE
23 PRESENTATION OF THE CASE BY ALL PARTIES INVOLVED, THE EXAMINER
24 SHALL REPORT HIS FINDINGS IN WRITING TO THE BOARD, WHICH
25 WRITINGS SHALL INCLUDE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
26 RECOMMENDED SANCTION, WHICH SHALL THEREUPON BE REVIEWED BY THE
27 BOARD AND AN ORDER ISSUED UPON A MAJORITY VOTE OF THOSE MEMBERS
28 OF THE BOARD.
29 (B) RULES AND REGULATIONS PROPOSED UNDER SUBSECTION (A)(2)
30 SHALL FIRST BE SUBMITTED TO THE SECRETARY OF THE SENATE AND THE
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1 CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES WHO SHALL CAUSE THE
2 PROPOSED RULES AND REGULATIONS TO BE PRINTED AND DISTRIBUTED
3 AMONG ALL MEMBERS OF BOTH CHAMBERS IN THE SAME MANNER AS A
4 REORGANIZATION PLAN. IF BOTH BODIES FAIL TO ACT WITHIN 60 DAYS
5 OF RECEIPT OF SUCH RULES AND REGULATIONS, OR WITHIN TEN
6 LEGISLATIVE DAYS AFTER RECEIPT, WHICHEVER SHALL LAST OCCUR,
7 PROPOSED RULES AND REGULATIONS ADOPTED BY THE BOARD SHALL BE
8 PROMULGATED PURSUANT TO THE PROVISIONS OF THE ACT OF JULY 31,
9 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
10 DOCUMENTS LAW AND 45 PA.C.S. PART II (RELATING TO PUBLICATION
11 AND EFFECTIVENESS OF COMMONWEALTH DOCUMENTS). IF EITHER CHAMBER
12 DISAPPROVES ANY SUCH RULE OR REGULATION, SUCH INFORMATION SHALL
13 BE CERTIFIED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR
14 PRESIDENT PRO TEMPORE OF THE SENATE TO THE BOARD AND THE
15 PROPOSED RULES OR REGULATIONS SHALL NOT BE PROMULGATED.
16 Section 2. This act shall take effect in 60 days.
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