PRINTER'S NO. 3693
No. 2784 Session of 1980
INTRODUCED BY POLITE, JUNE 24, 1980
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 24, 1980
AN ACT
1 Amending the act of June 22, 1970 (P.L.378, No.122), entitled
2 "An act concerning nursing homes; providing for the licensing
3 of persons charged with the general administration of such
4 homes; prescribing the powers and duties of the State Board
5 of Examiners of Nursing Home Administrators; fixing fees and
6 making certain acts unlawful," providing for hearing
7 examiners and making an editorial change.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 12, act of June 22, 1970 (P.L.378,
11 No.122), known as the "Nursing Home Administrators License Act,"
12 is amended to read:
13 Section 12. Disciplinary Proceedings.--(a) The license
14 and/or registration of any person practicing or offering to
15 practice nursing home administration, or the license of a
16 provisional nursing home administrator, may be revoked or
17 suspended, or such licensee may be reprimanded, censured or
18 otherwise disciplined in accordance with the provisions of this
19 section upon decision and after due hearing in any of the
20 following cases:
1 (1) Upon proof that such licensee is unfit or incompetent by
2 reason of negligence, habits or other causes.
3 (2) Upon proof that such licensee has wilfully or repeatedly
4 violated any of the provisions of this act or the rules enacted
5 in accordance therewith, or wilfully or repeatedly acted in a
6 manner inconsistent with the health and safety of the patients
7 of the home in which he is the administrator.
8 (3) Upon proof that such licensee is guilty of fraud or
9 deceit in the practice of nursing home administration or in his
10 admission to such practice.
11 (4) Upon proof that such licensee has been convicted in a
12 court of competent jurisdiction, either within or without this
13 Commonwealth, of a felony.
14 (b) The members of the board shall have jurisdiction to hear
15 all charges brought under the provisions of this section against
16 persons licensed and registered as nursing home administrators
17 or licensed as provisional nursing home administrators, and upon
18 such hearings shall determine such charges upon their merits. If
19 the board determines that such person is guilty of the charges,
20 the board may revoke his or her license or registration, suspend
21 him or her from practice, or reprimand, censure or otherwise
22 discipline such licensee.
23 (c) Proceedings under this section shall be begun by filing
24 with the board charges in writing and under oath. The charges
25 may be preferred by any person or by the board. Thereupon the
26 chairman of the board shall designate three or more members
27 thereof as a hearing committee to hear the charges and to report
28 to the board thereon.
29 (d) [At the hearing the licensee shall have the right to
30 appear either personally or by counsel, or both, to produce
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1 witnesses and evidence on his own behalf, to cross-examine
2 witnesses and to have subpoenas issued in his behalf by the
3 hearing committee. The hearing committee shall make a written
4 report to the board of the findings and recommendations which
5 shall be considered by the board in arriving at its
6 determination.] The board shall appoint, with the approval of
7 the Governor, such hearing examiners as shall be necessary to
8 conduct hearings as may be required under this section. The
9 board shall have the power to adopt and promulgate rules and
10 regulations setting forth the functions, powers, standards and
11 duties to be followed by the hearing examiners. The hearing
12 examiners shall have the power to conduct hearings in accordance
13 with the regulations of the board, and to issue subpoenas
14 requiring the attendance and testimony of individuals or the
15 production of, pertinent books, records, documents and papers by
16 persons whom they believe to have information relevant to any
17 matter pending before the examiner. Such examiner shall also
18 have the power to administer oaths. The hearing examiner shall
19 hear evidence submitted and arguments of counsel, if any, with
20 reasonable dispatch, and shall promptly record his decision,
21 supported by findings of fact, and a copy thereof shall
22 immediately be sent to the board and to counsel of record, or
23 the parties, if not represented. If application for review is
24 made to the board within twenty days from the date of any
25 decision made as a result of a hearing held by a hearing
26 examiner, the board shall review the evidence, and if deemed
27 advisable by the board, hear argument and additional evidence.
28 As soon as practicable, the board shall make a decision and
29 shall file the same with its finding of the facts on which it is
30 based and send a copy thereof to each of the parties in dispute.
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1 [(e) Members of the hearing committee shall exercise any of
2 the powers set forth in subsection (b) of section 4 as may be
3 necessary for the proper conduct of the hearing.
4 (f)] (e) Appeals shall be in accordance with [the act of
5 June 4, 1945 (P.L.1388), known as the "Administrative Agency
6 Law."] Title 2 of the Pennsylvania Consolidated Statutes
7 (relating to administrative law and procedure).
8 Section 2. This act shall take effect in 60 days.
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