PRINTER'S NO. 80
No. 88 Session of 2005
INTRODUCED BY LOGAN, COSTA, KITCHEN, LAVALLE, MUSTO, TARTAGLIONE
AND STACK, JANUARY 31, 2005
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 31, 2005
AN ACT
1 Requiring certain staffing levels at health care facilities
2 providing renal dialysis services; and providing for powers
3 and duties of the Department of Health.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Dialysis
8 Services Staffing Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Health of the Commonwealth.
14 "Dialysis." A process by which dissolved substances are
15 removed from a patient's body by diffusion from one fluid
16 compartment to another across a semipermeable membrane.
17 "End-stage renal disease" or "ESRD." That stage of renal
18 impairment that appears irreversible and permanent, and requires
1 a regular course of dialysis or kidney transplantation to
2 maintain life.
3 "ESRD facility." A health care facility which is approved to
4 furnish a type of end-stage renal disease service.
5 "Health care facility." As defined in section 802.1 of the
6 act of July 19, 1979 (P.L.130, No.48), known as the Health Care
7 Facilities Act.
8 Section 3. Staffing requirements.
9 (a) General rule.--An ESRD facility must have properly
10 trained personnel present in adequate number to meet the medical
11 and nonmedical needs of patients receiving dialysis.
12 (b) Staff.--Whenever a patient is receiving dialysis, the
13 ESRD facility shall provide the following staff:
14 (1) Two licensed health care professionals, including
15 one full-time registered nurse licensed in Pennsylvania and
16 one health care professional experienced in rendering care
17 for renal dialysis patient care.
18 (2) An adequate number of personnel such that
19 patient/staff ratio is appropriate to the level of dialysis
20 care being given to meet the needs of the patient.
21 (3) A licensed physician who is onsite or on call.
22 Section 4. Administration and enforcement.
23 (a) Administration.--The department shall develop and
24 implement procedures as may be necessary and appropriate in
25 order to obtain compliance with this act. The procedures shall
26 include, but not be limited to, monitoring and inspection
27 procedures.
28 (b) Enforcement.--The department may suspend or revoke the
29 license of a health care facility for a violation of this act in
30 accordance with the act of July 19, 1979 (P.L.130, No.48), known
20050S0088B0080 - 2 -
1 as the Health Care Facilities Act.
2 Section 5. Effective date.
3 This act shall take effect in 60 days.
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