SENATE AMENDED
PRIOR PRINTER'S NOS. 877, 2055, 3179, PRINTER'S NO. 3397
3274, 3395
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 THIRD CONSIDERATION, IN SENATE, JUNE 19, 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 <--
1 TO THE DEPARTMENT OF HEALTH OF SECTION 202, ACT OF APRIL 9, 1929
2 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929,"
3 AMENDED OCTOBER 21, 1972 (P.L.985, NO.244) DECEMBER 3, 1970 <--
4 (P.L.834, NO.275), IS AMENDED TO READ:
5 SECTION 202. DEPARTMENTAL ADMINISTRATIVE BOARDS, COMMISSIONS
6 AND OFFICES.--THE FOLLOWING BOARDS, COMMISSIONS, AND OFFICES ARE
7 HEREBY PLACED AND MADE DEPARTMENTAL ADMINISTRATIVE BOARDS,
8 COMMISSIONS, OR OFFICES, AS THE CASE MAY BE, IN THE RESPECTIVE
9 ADMINISTRATIVE DEPARTMENTS MENTIONED IN THE PRECEDING SECTION,
10 AS FOLLOWS:
11 IN THE DEPARTMENT OF STATE, <--
12 STATE EMPLOYES' RETIREMENT BOARD,
13 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS,
14 STATE REAL ESTATE COMMISSION,
15 [STATE BOARD OF MEDICAL EDUCATION AND LICENSURE,]
16 STATE BOARD OF PHARMACY,
17 STATE DENTAL COUNCIL AND EXAMINING BOARD,
18 STATE BOARD OF OPTOMETRICAL EXAMINERS,
19 STATE BOARD OF OSTEOPATHIC EXAMINERS,
20 [STATE BOARD OF NURSE EXAMINERS,]
21 STATE BOARD OF BARBER EXAMINERS,
22 STATE BOARD OF COSMETOLOGY,
23 STATE BOARD OF VETERINARY MEDICAL EXAMINERS,
24 STATE BOARD OF CHIROPRACTIC EXAMINERS,
25 STATE BOARD OF PODIATRY EXAMINERS,
26 STATE BOARD OF EXAMINERS OF PUBLIC ACCOUNTANTS,
27 STATE BOARD OF EXAMINERS OF ARCHITECTS,
28 STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS,
29 STATE BOARD OF FUNERAL DIRECTORS,
30 STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS,
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1 STATE BOARD OF AUCTIONEER EXAMINERS.
2 * * *
3 IN THE DEPARTMENT OF HEALTH,
4 [STATE BOARD OF UNDERTAKERS,] <--
5 STATE BOARD OF MEDICAL EDUCATION AND LICENSURE, <--
6 STATE BOARD OF NURSE EXAMINERS.
7 * * *
8 ALL OF THE FOREGOING DEPARTMENTAL ADMINISTRATIVE BOARDS AND
9 COMMISSIONS SHALL BE ORGANIZED OR REORGANIZED AS PROVIDED IN
10 THIS ACT.
11 Section 1. 2. Section 412 act of April 9, 1929 (P.L.177, <--
12 No.175), known as "The Administrative Code of 1929," OF THE ACT <--
13 amended September 1, 1961 (P.L.1149, No.514), is amended to
14 read:
15 Section 412. State Board of Medical Education and
16 Licensure.--The State Board of Medical Education and Licensure
17 shall consist of [seven] nine members, [two] ONE of whom shall <--
18 be the [Superintendent of Public Instruction] Commissioner of <--
19 Professional and Occupational Affairs in the Department of State
20 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS IN THE <--
21 DEPARTMENT OF STATE and the ] Secretary of Health, the [five] <--
22 seven EIGHT SEVEN remaining members shall be appointed [from the <--
23 membership or those eligible for membership in the Pennsylvania
24 Medical Society. The Pennsylvania Medical Society, after
25 consultation with the deans of the medical schools in
26 Pennsylvania, shall submit a list of names to] by the Governor
27 [for his consideration in filling vacancies on the Board.
28 Each of the five members appointed, shall, at the time of his
29 appointment, be licensed and qualified under the existing laws
30 of this Commonwealth to practice medicine and surgery, and shall
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1 have practiced the same in this Commonwealth for a period of not
2 less than ten years prior to his appointment. No member of the
3 board shall be a member of the faculty of any undergraduate
4 school or college or university teaching medicine or surgery.]
5 as follows:
6 (i) Five members shall be physicians who are licensed to
7 practice medicine and surgery in the Commonwealth and shall MAY <--
8 be chosen from among candidates whose names have been submitted
9 to the Governor by the Pennsylvania Medical Society;
10 (ii) One member shall be a person who is knowledgeable in
11 the field of allied health sciences; and
12 (iii) One member shall be a person TWO MEMBERS SHALL BE <--
13 PERSONS ONE MEMBER SHALL BE A PERSON representing the public at
14 large.
15 The terms of members of the board shall be four years from
16 the respective dates of their appointment.
17 [Four] Five members of the board shall constitute a quorum.
18 The board shall select, from among their number, a chairman,
19 and shall elect a secretary who need not be a member of the
20 board.
21 Each member of the board, other than the [Superintendent of
22 Public Instruction] Commissioner of Professional and <--
23 Occupational Affairs COMMISSIONER OF PROFESSIONAL AND <--
24 OCCUPATIONAL AFFAIRS and the] Secretary of Health, shall receive <--
25 [fifteen] thirty dollars per diem, while actually engaged in the
26 work of the board. The secretary shall receive such reasonable
27 compensation as shall be determined by the board, with the
28 approval of the [Superintendent of Public Instruction]
29 Commissioner of Professional and Occupational Affairs. SECRETARY <--
30 OF HEALTH. COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL
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1 AFFAIRS.
2 SECTION 3. THE FIRST, FOURTH AND FIFTH PARAGRAPHS OF SECTION <--
3 418 OF THE ACT, AMENDED MAY 22, 1951 (P.L.323, NO.70), ARE
4 AMENDED TO READ:
5 SECTION 418. STATE BOARD OF NURSE EXAMINERS.--THE STATE
6 BOARD OF NURSE EXAMINERS SHALL CONSIST OF THE [SUPERINTENDENT OF <--
7 PUBLIC INSTRUCTION] SECRETARY OF HEALTH, AND FIVE MEMBERS, WHO <--
8 SHALL BE REGISTERED NURSES, GRADUATED FROM SCHOOLS OF NURSING
9 WHERE PRACTICAL AND THEORETICAL INSTRUCTION IS GIVEN IN GENERAL
10 SURGICAL AND MEDICAL NURSING, AND WHO SHALL HAVE BEEN ENGAGED IN
11 NURSING IN THE COMMONWEALTH OF PENNSYLVANIA FOR AT LEAST FIVE
12 YEARS SINCE REGISTRATION.
13 * * *
14 THE BOARD, WITH THE APPROVAL OF THE [SUPERINTENDENT OF PUBLIC <--
15 INSTRUCTION] SECRETARY OF HEALTH, SHALL ALSO APPOINT AND FIX THE <--
16 COMPENSATION OF ONE OR MORE STATE EDUCATIONAL ADVISORS OF
17 SCHOOLS OF NURSING, WHO SHALL HAVE THE SAME QUALIFICATIONS AS
18 THE MEMBERS OF THE BOARD.
19 THE MEMBERS OF THE BOARD, OTHER THAN THE [SUPERINTENDENT OF <--
20 PUBLIC INSTRUCTION] SECRETARY OF HEALTH, SHALL RECEIVE [FIFTEEN <--
21 DOLLARS] THIRTY DOLLARS PER DIEM, WHEN ACTUALLY ENGAGED IN THE <--
22 TRANSACTION OF OFFICIAL BUSINESS, AND THE SECRETARY SHALL
23 RECEIVE SUCH REASONABLE COMPENSATION AS SHALL BE DETERMINED BY
24 THE BOARD, WITH THE APPROVAL OF THE [SUPERINTENDENT OF PUBLIC <--
25 INSTRUCTION] SECRETARY OF HEALTH. <--
26 SECTION 4. CLAUSES (8) AND (9) OF SUBSECTION (A) AND
27 SUBSECTION (B) OF SECTION 810 OF THE ACT, ADDED JUNE 3, 1963
28 (P.L.63, NO.44), ARE AMENDED AND SUBSECTION (A) IS ALSO AMENDED
29 BY ADDING A CLAUSE TO READ:
30 SECTION 810. PROFESSIONAL AND OCCUPATIONAL AFFAIRS.--(A) THE
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1 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS SHALL BE
2 APPOINTED BY THE GOVERNOR AND HAVE THE POWER AND HIS DUTY SHALL
3 BE--
4 * * *
5 (8) TO BE RESPONSIBLE FOR ALL ADMINISTRATIVE AFFAIRS OF EACH
6 OF THE PROFESSIONAL AND OCCUPATIONAL EXAMINING BOARDS WITHIN THE
7 DEPARTMENT OF STATE AND TO COORDINATE THEIR ACTIVITIES; <--
8 (9) TO PERFORM ALL THE POWERS AND DUTIES RELATING TO
9 PROFESSIONAL AND OCCUPATIONAL EXAMINING BOARDS WITHIN THE
10 DEPARTMENT OF STATE THAT HERETOFORE WERE IMPOSED UPON THE <--
11 SUPERINTENDENT OR THE DEPARTMENT OF PUBLIC INSTRUCTION;
12 (10) TO KEEP SUCH RECORDS, ISSUE SUCH CERTIFICATES AND
13 DOCUMENTS, AND PERFORM SUCH OTHER DUTIES IN CONNECTION WITH THE
14 STATE BOARD OF MEDICAL EDUCATION AND LICENSURE AND THE STATE
15 BOARD OF NURSE EXAMINERS AS MAY, FROM TIME TO TIME, BE REQUESTED
16 BY THE SECRETARY OF HEALTH OR SAID BOARDS.
17 (B) IN ADDITION TO THE POWERS AND DUTIES IMPOSED UNDER THE
18 PROVISIONS OF SUBSECTION (A) HEREOF, THE COMMISSIONER OF
19 PROFESSIONAL AND OCCUPATIONAL AFFAIRS SHALL BE AN EX-OFFICIO
20 MEMBER OF EACH OF THE SAID BOARDS WITHIN THE DEPARTMENT OF <--
21 STATE.
22 * * *
23 SECTION 5. SECTION 2102 OF THE ACT IS AMENDED BY ADDING A <--
24 SUBSECTION TO READ:
25 SECTION 2102. GENERAL HEALTH ADMINISTRATION.--THE DEPARTMENT
26 OF HEALTH SHALL HAVE THE POWER, AND ITS DUTIES SHALL BE:
27 * * *
28 (N) TO PERFORM ALL OF THE POWERS AND DUTIES RELATING TO THE
29 STATE BOARD OF MEDICAL EDUCATION AND LICENSURE AND THE STATE
30 BOARD OF NURSE EXAMINERS THAT HERETOFORE WERE IMPOSED UPON THE
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1 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS PURSUANT
2 TO SECTIONS 810, 811 AND 812 OF THIS ACT. THE SECRETARY OF
3 HEALTH MAY REQUEST THE COMMISSIONER OF PROFESSIONAL AND
4 OCCUPATIONAL AFFAIRS TO KEEP SUCH RECORDS, ISSUE SUCH
5 CERTIFICATES AND OTHER DOCUMENTS, AND OTHERWISE ASSIST AND
6 COOPERATE WITH SAID BOARDS.
7 SECTION 6. ARTICLE XXI. OF THE ACT IS AMENDED BY ADDING
8 SECTIONS TO READ:
9 SECTION 2117. CONTINUATION OF POWERS AND DUTIES.--THE STATE
10 BOARD OF MEDICAL EDUCATION AND LICENSURE SHALL CONTINUE TO
11 EXERCISE THE POWERS, AND PERFORM THE DUTIES BY LAW, VESTED IN
12 AND IMPOSED UPON THE SAID BOARD.
13 SECTION 2118. CONTINUATION OF POWERS AND DUTIES OF NURSING
14 EXAMINERS.--THE STATE BOARD OF NURSE EXAMINERS SHALL CONTINUE TO
15 EXERCISE THE POWERS, AND PERFORM THE DUTIES BY LAW, VESTED IN
16 AND IMPOSED UPON THE SAID BOARD.
17 SECTION 7. WHATEVER MONEYS, PERSONNEL, RECORDS OR OTHER
18 DOCUMENTS AS ARE NECESSARY TO EFFECT THE TRANSFER OF THE STATE
19 BOARD OF MEDICAL EDUCATION AND LICENSURE AND THE STATE BOARD OF
20 NURSE EXAMINERS FROM THE DEPARTMENT OF STATE TO THE DEPARTMENT
21 OF HEALTH ARE HEREBY TRANSFERRED FROM THE DEPARTMENT OF STATE TO
22 THE DEPARTMENT OF HEALTH.
23 SECTION 8 5 3. ALL ACTS AND PARTS OF ACTS ARE HEREBY <--
24 REPEALED IN SO FAR AS THEY ARE INCONSISTENT HEREWITH.
25 SECTION 9 6 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
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