SENATE AMENDED
PRIOR PRINTER'S NOS. 877, 2055, 3179 PRINTER'S NO. 3274
No. 759 Session of 1973
INTRODUCED BY MESSRS. PIPER, WELLS, RIEGER, DORR, BENNETT, FEE,
MRS. KELLY, MRS. TOLL, MRS. FAWCETT, MESSRS. POLITE,
KLINGAMAN, MALADY, ZIMMERMAN, D. S. HAYES, ROWE, GRING,
GEISLER AND MRS. CRAWFORD, APRIL 9, 1973
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 4, 1974
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for
21 DISPOSITION OF CERTAIN STATE EXAMINING BOARDS AND number and <--
22 qualifications for membership on the State Board of Medical
23 Education and Licensure.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 SECTION 1. AS MUCH AS APPLIES TO THE DEPARTMENT OF STATE AND <--
27 TO THE DEPARTMENT OF HEALTH OF SECTION 202, ACT OF APRIL 9, 1929
1 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929,"
2 AMENDED OCTOBER 21, 1972 (P.L.985, NO.244), IS AMENDED TO READ:
3 SECTION 202. DEPARTMENTAL ADMINISTRATIVE BOARDS, COMMISSIONS
4 AND OFFICES.--THE FOLLOWING BOARDS, COMMISSIONS, AND OFFICES ARE
5 HEREBY PLACED AND MADE DEPARTMENTAL ADMINISTRATIVE BOARDS,
6 COMMISSIONS, OR OFFICES, AS THE CASE MAY BE, IN THE RESPECTIVE
7 ADMINISTRATIVE DEPARTMENTS MENTIONED IN THE PRECEDING SECTION,
8 AS FOLLOWS:
9 IN THE DEPARTMENT OF STATE,
10 STATE EMPLOYES' RETIREMENT BOARD,
11 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS,
12 STATE REAL ESTATE COMMISSION,
13 [STATE BOARD OF MEDICAL EDUCATION AND LICENSURE,]
14 STATE BOARD OF PHARMACY,
15 STATE DENTAL COUNCIL AND EXAMINING BOARD,
16 STATE BOARD OF OPTOMETRICAL EXAMINERS,
17 STATE BOARD OF OSTEOPATHIC EXAMINERS,
18 [STATE BOARD OF NURSE EXAMINERS,]
19 STATE BOARD OF BARBER EXAMINERS,
20 STATE BOARD OF COSMETOLOGY,
21 STATE BOARD OF VETERINARY MEDICAL EXAMINERS,
22 STATE BOARD OF CHIROPRACTIC EXAMINERS,
23 STATE BOARD OF PODIATRY EXAMINERS,
24 STATE BOARD OF EXAMINERS OF PUBLIC ACCOUNTANTS,
25 STATE BOARD OF EXAMINERS OF ARCHITECTS,
26 STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS,
27 STATE BOARD OF FUNERAL DIRECTORS,
28 STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS,
29 STATE BOARD OF AUCTIONEER EXAMINERS.
30 * * *
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1 IN THE DEPARTMENT OF HEALTH,
2 [STATE BOARD OF UNDERTAKERS,] <--
3 STATE BOARD OF MEDICAL EDUCATION AND LICENSURE,
4 STATE BOARD OF NURSE EXAMINERS.
5 * * *
6 ALL OF THE FOREGOING DEPARTMENTAL ADMINISTRATIVE BOARDS AND
7 COMMISSIONS SHALL BE ORGANIZED OR REORGANIZED AS PROVIDED IN
8 THIS ACT.
9 Section 1. 2. Section 412 act of April 9, 1929 (P.L.177, <--
10 No.175), known as "The Administrative Code of 1929," OF THE ACT <--
11 amended September 1, 1961 (P.L.1149, No.514), is amended to
12 read:
13 Section 412. State Board of Medical Education and
14 Licensure.--The State Board of Medical Education and Licensure
15 shall consist of [seven] nine members, [two] ONE of whom shall <--
16 be the [Superintendent of Public Instruction] Commissioner of <--
17 Professional and Occupational Affairs in the Department of State
18 and the] Secretary of Health, the [five] seven EIGHT remaining <--
19 members shall be appointed [from the membership or those
20 eligible for membership in the Pennsylvania Medical Society. The
21 Pennsylvania Medical Society, after consultation with the deans
22 of the medical schools in Pennsylvania, shall submit a list of
23 names to] by the Governor [for his consideration in filling
24 vacancies on the Board.
25 Each of the five members appointed, shall, at the time of his
26 appointment, be licensed and qualified under the existing laws
27 of this Commonwealth to practice medicine and surgery, and shall
28 have practiced the same in this Commonwealth for a period of not
29 less than ten years prior to his appointment. No member of the
30 board shall be a member of the faculty of any undergraduate
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1 school or college or university teaching medicine or surgery.]
2 as follows:
3 (i) Five members shall be physicians who are licensed to
4 practice medicine and surgery in the Commonwealth and shall MAY <--
5 be chosen from among candidates whose names have been submitted
6 to the Governor by the Pennsylvania Medical Society;
7 (ii) One member shall be a person who is knowledgeable in
8 the field of allied health sciences; and
9 (iii) One member shall be a person TWO MEMBERS SHALL BE <--
10 PERSONS representing the public at large.
11 The terms of members of the board shall be four years from
12 the respective dates of their appointment.
13 [Four] Five members of the board shall constitute a quorum.
14 The board shall select, from among their number, a chairman,
15 and shall elect a secretary who need not be a member of the
16 board.
17 Each member of the board, other than the [Superintendent of
18 Public Instruction] Commissioner of Professional and <--
19 Occupational Affairs and the] Secretary of Health, shall receive <--
20 [fifteen] thirty dollars per diem, while actually engaged in the
21 work of the board. The secretary shall receive such reasonable
22 compensation as shall be determined by the board, with the
23 approval of the [Superintendent of Public Instruction]
24 Commissioner of Professional and Occupational Affairs. SECRETARY <--
25 OF HEALTH.
26 SECTION 3. THE FIRST, FOURTH AND FIFTH PARAGRAPHS OF SECTION
27 418 OF THE ACT, AMENDED MAY 22, 1951 (P.L.323, NO.70), ARE
28 AMENDED TO READ:
29 SECTION 418. STATE BOARD OF NURSE EXAMINERS.--THE STATE
30 BOARD OF NURSE EXAMINERS SHALL CONSIST OF THE [SUPERINTENDENT OF <--
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1 PUBLIC INSTRUCTION] SECRETARY OF HEALTH, AND FIVE MEMBERS, WHO <--
2 SHALL BE REGISTERED NURSES, GRADUATED FROM SCHOOLS OF NURSING
3 WHERE PRACTICAL AND THEORETICAL INSTRUCTION IS GIVEN IN GENERAL
4 SURGICAL AND MEDICAL NURSING, AND WHO SHALL HAVE BEEN ENGAGED IN
5 NURSING IN THE COMMONWEALTH OF PENNSYLVANIA FOR AT LEAST FIVE
6 YEARS SINCE REGISTRATION.
7 * * *
8 THE BOARD, WITH THE APPROVAL OF THE [SUPERINTENDENT OF PUBLIC <--
9 INSTRUCTION] SECRETARY OF HEALTH, SHALL ALSO APPOINT AND FIX THE <--
10 COMPENSATION OF ONE OR MORE STATE EDUCATIONAL ADVISORS OF
11 SCHOOLS OF NURSING, WHO SHALL HAVE THE SAME QUALIFICATIONS AS
12 THE MEMBERS OF THE BOARD.
13 THE MEMBERS OF THE BOARD, OTHER THAN THE [SUPERINTENDENT OF <--
14 PUBLIC INSTRUCTION] SECRETARY OF HEALTH, SHALL RECEIVE [FIFTEEN <--
15 DOLLARS] THIRTY DOLLARS PER DIEM, WHEN ACTUALLY ENGAGED IN THE <--
16 TRANSACTION OF OFFICIAL BUSINESS, AND THE SECRETARY SHALL
17 RECEIVE SUCH REASONABLE COMPENSATION AS SHALL BE DETERMINED BY
18 THE BOARD, WITH THE APPROVAL OF THE [SUPERINTENDENT OF PUBLIC <--
19 INSTRUCTION] SECRETARY OF HEALTH. <--
20 SECTION 4. CLAUSES (8) AND (9) OF SUBSECTION (A) AND
21 SUBSECTION (B) OF SECTION 810 OF THE ACT, ADDED JUNE 3, 1963
22 (P.L.63, NO.44), ARE AMENDED AND SUBSECTION (A) IS ALSO AMENDED
23 BY ADDING A CLAUSE TO READ:
24 SECTION 810. PROFESSIONAL AND OCCUPATIONAL AFFAIRS.--(A) THE
25 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS SHALL BE
26 APPOINTED BY THE GOVERNOR AND HAVE THE POWER AND HIS DUTY SHALL
27 BE--
28 * * *
29 (8) TO BE RESPONSIBLE FOR ALL ADMINISTRATIVE AFFAIRS OF EACH
30 OF THE PROFESSIONAL AND OCCUPATIONAL EXAMINING BOARDS WITHIN THE
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1 DEPARTMENT OF STATE AND TO COORDINATE THEIR ACTIVITIES; <--
2 (9) TO PERFORM ALL THE POWERS AND DUTIES RELATING TO
3 PROFESSIONAL AND OCCUPATIONAL EXAMINING BOARDS WITHIN THE
4 DEPARTMENT OF STATE THAT HERETOFORE WERE IMPOSED UPON THE <--
5 SUPERINTENDENT OR THE DEPARTMENT OF PUBLIC INSTRUCTION;
6 (10) TO KEEP SUCH RECORDS, ISSUE SUCH CERTIFICATES AND
7 DOCUMENTS, AND PERFORM SUCH OTHER DUTIES IN CONNECTION WITH THE
8 STATE BOARD OF MEDICAL EDUCATION AND LICENSURE AND THE STATE
9 BOARD OF NURSE EXAMINERS AS MAY, FROM TIME TO TIME, BE REQUESTED
10 BY THE SECRETARY OF HEALTH OR SAID BOARDS.
11 (B) IN ADDITION TO THE POWERS AND DUTIES IMPOSED UNDER THE
12 PROVISIONS OF SUBSECTION (A) HEREOF, THE COMMISSIONER OF
13 PROFESSIONAL AND OCCUPATIONAL AFFAIRS SHALL BE AN EX-OFFICIO
14 MEMBER OF EACH OF THE SAID BOARDS WITHIN THE DEPARTMENT OF <--
15 STATE.
16 * * *
17 SECTION 5. SECTION 2102 OF THE ACT IS AMENDED BY ADDING A
18 SUBSECTION TO READ:
19 SECTION 2102. GENERAL HEALTH ADMINISTRATION.--THE DEPARTMENT
20 OF HEALTH SHALL HAVE THE POWER, AND ITS DUTIES SHALL BE:
21 * * *
22 (N) TO PERFORM ALL OF THE POWERS AND DUTIES RELATING TO THE
23 STATE BOARD OF MEDICAL EDUCATION AND LICENSURE AND THE STATE
24 BOARD OF NURSE EXAMINERS THAT HERETOFORE WERE IMPOSED UPON THE
25 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS PURSUANT
26 TO SECTIONS 810, 811 AND 812 OF THIS ACT. THE SECRETARY OF <--
27 HEALTH MAY REQUEST THE COMMISSIONER OF PROFESSIONAL AND
28 OCCUPATIONAL AFFAIRS TO KEEP SUCH RECORDS, ISSUE SUCH
29 CERTIFICATES AND OTHER DOCUMENTS, AND OTHERWISE ASSIST AND
30 COOPERATE WITH SAID BOARDS.
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1 SECTION 6. ARTICLE XXI. OF THE ACT IS AMENDED BY ADDING
2 SECTIONS TO READ:
3 SECTION 2117. CONTINUATION OF POWERS AND DUTIES.--THE STATE
4 BOARD OF MEDICAL EDUCATION AND LICENSURE SHALL CONTINUE TO
5 EXERCISE THE POWERS, AND PERFORM THE DUTIES BY LAW, VESTED IN
6 AND IMPOSED UPON THE SAID BOARD.
7 SECTION 2118. CONTINUATION OF POWERS AND DUTIES OF NURSING
8 EXAMINERS.--THE STATE BOARD OF NURSE EXAMINERS SHALL CONTINUE TO
9 EXERCISE THE POWERS, AND PERFORM THE DUTIES BY LAW, VESTED IN
10 AND IMPOSED UPON THE SAID BOARD.
11 SECTION 7. WHATEVER MONEYS, PERSONNEL, RECORDS OR OTHER
12 DOCUMENTS AS ARE NECESSARY TO EFFECT THE TRANSFER OF THE STATE
13 BOARD OF MEDICAL EDUCATION AND LICENSURE AND THE STATE BOARD OF
14 NURSE EXAMINERS FROM THE DEPARTMENT OF STATE TO THE DEPARTMENT
15 OF HEALTH ARE HEREBY TRANSFERRED FROM THE DEPARTMENT OF STATE TO
16 THE DEPARTMENT OF HEALTH.
17 SECTION 8. ALL ACTS AND PARTS OF ACTS ARE HEREBY REPEALED IN
18 SO FAR AS THEY ARE INCONSISTENT HEREWITH.
19 SECTION 9. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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