PRINTER'S NO. 4134
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2695
Session of
2020
INTRODUCED BY MURT, SOLOMON, MALAGARI, KINSEY, SAMUELSON, BURNS,
T. DAVIS, YOUNGBLOOD, POLINCHOCK, FREEMAN, STAATS, ULLMAN,
SCHLEGEL CULVER, CONKLIN, READSHAW, HILL-EVANS, GAINEY,
ROEBUCK, ROZZI, BOBACK, GREGORY, KORTZ, SHUSTERMAN,
MIZGORSKI, O'MARA, JAMES, BROOKS, D. MILLER, SANCHEZ, THOMAS,
SCHMITT, HOHENSTEIN, TOOHIL, DONATUCCI, JOZWIAK, HICKERNELL,
ISAACSON, DAY AND BRADFORD, JULY 14, 2020
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JULY 14, 2020
AN ACT
Providing for the establishment of an education program to
assist physicians, physician assistants, clinical nurse
specialists and certified nurse practitioners in recognizing
and understanding cognitive impairments, including
Alzheimer's disease or other dementia, for continuing medical
education for physicians and physician assistants, for
continuing nursing education for clinical nurse specialists
and certified nurse practitioners and for report of diagnosis
by physicians.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Early
Detection of Alzheimer's Disease or Other Dementia Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Alzheimer's disease or other dementia." An irreversible and
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progressive neurological disorder diagnosed by a physician that
has all of the following characteristics:
(1) The disorder causes cognitive and memory impairment,
behavioral and psychiatric problems and loss of the ability
to care for oneself or a related disorder, including vascular
dementia, dementia with lewy bodies, frontotemporal lobar
degeneration or mixed dementia.
(2) The disorder is severe enough to interfere with work
or social activities and requires continuous care or
supervision.
"Certified registered nurse practitioner." A registered
nurse licensed in this Commonwealth who is certified by the
State Board of Nursing in a particular clinical specialty area.
"Clinical nurse specialist." A registered nurse licensed in
this Commonwealth who is certified by the State Board of Nursing
as a clinical nurse specialist.
"Department." The Department of Health of the Commonwealth.
"Physician." A medical doctor or doctor of osteopathy.
"Physician assistant." An individual who is licensed as a
physician assistant by the State Board of Medicine.
"State plan." The Pennsylvania State Plan for Alzheimer's
Disease and Related Disorders established by the Pennsylvania
Alzheimer's Disease Planning Committee in accordance with
Executive Order 2013-01.
"Task force." Pennsylvania's Alzheimer's State Plan Task
Force established by the Department of Aging to implement the
objectives and recommendations specified in the State plan.
"Toolkit." A collection of best practices, cognitive
assessment tools and other information and resources to assist
in the detection, diagnosis, treatment and care planning of
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Alzheimer's disease or other dementia.
Section 3. Establishment of education program.
(a) Establishment.--The department, in conjunction with the
task force, shall establish an education program to assist
physicians, physician assistants, clinical nurse specialists and
certified nurse practitioners with the detection, diagnosis,
treatment of Alzheimer's disease or other dementia and the care
planning for individuals with Alzheimer's disease or other
dementia.
(b) Curriculum content.--The curriculum for the education
program under this section shall include all of the following
topics:
(1) The diagnosis of Alzheimer's disease or other
dementia, including recognizing the signs and symptoms of
cognitive impairment and every type of dementia.
(2) Individual-centered care.
(3) Assessment and care planning.
(4) Cultural competency.
(c) Toolkit.--The department, in conjunction with the
Department of Aging and the task force, shall develop a toolkit
to assist physicians, physician assistants, clinical nurse
specialists and certified nurse practitioners in the detection,
diagnosis, treatment and care planning for individuals with
Alzheimer's disease or other dementia.
Section 4. Continuing medical education for physicians and
physician assistants.
(a) Requirement.--The State Board of Medicine shall require
a physician or physician assistant to complete the education
program under section 3 as part of the continuing medical
education requirements under 49 Pa. Code ยง 16.19 (relating to
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continuing medical education) or 18.145 (relating to biennial
registration requirements; renewal of physician assistant
license). The State Board of Medicine shall require a physician
or physician assistant to complete the education program under
section 3 within four years of the effective date of this
subsection.
(b) Applicability.--The requirement under subsection (a)
shall not apply to a physician or physician assistant who does
not provide health care services to adult patients.
(c) Regulations.--The State Board of Medicine shall
promulgate regulations necessary to administer the requirement
under subsection (a).
(d) Penalties.--A physician or physician assistant who fails
to comply with the continuing medical education requirement
under subsection (a) shall be subject to disciplinary
proceedings under section 41 of the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of 1985.
Section 5. Continuing nursing education for clinical nurse
specialists and certified registered nurse
practitioners.
(a) Requirement.--The State Board of Nursing shall require a
clinical nurse specialist or certified registered nurse
practitioner to complete the education program under section 3
as a part of the continuing nursing education requirements under
section 12.1 of the act of May 22, 1951 (P.L.317, No.69), known
as The Professional Nursing Law. The State Board of Nursing
shall require a clinical nurse specialist or certified
registered nurse practitioner to complete the education program
under section 3 within four years of the effective date of this
subsection.
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(b) Applicability.--The requirement under subsection (a)
shall not apply to a clinical nurse specialist or certified
registered nurse practitioner who does not provide health care
services to adult patients.
(c) Regulations.--The State Board of Nursing shall
promulgate regulations necessary to administer the requirement
under subsection (a).
(d) Penalties.--A clinical nurse specialist or certified
registered nurse practitioner who fails to comply with the
continuing medical education requirement under subsection (a)
shall be subject to section 13(b) or 14(a)(3) of The
Professional Nursing Law.
Section 6. Report of diagnosis by physicians.
(a) Report.--Except as provided under subsection (b), a
physician shall, upon an initial diagnosis of a patient with
Alzheimer's disease or a related disorder, report the diagnosis
to a family member or legal personal representative of the
patient and provide to the family member or legal personal
representative information regarding the diagnosis and treatment
of Alzheimer's disease or other dementia and care planning
resources.
(b) Exception.--A physician may not report an initial
diagnosis of a patient with Alzheimer's disease or a related
disorder unless any of the following apply:
(1) The physician has first obtained the consent of the
patient.
(2) In accordance with Federal and State law, in the
reasonable judgment of the physician, the patient is
incapacitated or unable to provide consent.
(c) Liability.--A physician shall not be subject to civil or
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criminal liability or a disciplinary action by the State Board
of Medicine based on a decision to communicate with or to not
communicate with a family member or legal personal
representative of a patient diagnosed with Alzheimer's disease
or a related disorder.
Section 7. Effective date.
This act shall take effect in 60 days.
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