PRINTER'S NO. 2790
No. 2230 Session of 1993
INTRODUCED BY VANCE, BLAUM, GRUPPO, KING, ADOLPH, CIVERA,
B. SMITH, ARGALL, ARMSTRONG, BAKER, BARLEY, BISHOP, BOYES,
BROWN, BUNT, CAPPABIANCA, CESSAR, CHADWICK, CLARK, CLYMER,
L. I. COHEN, CORNELL, DRUCE, DALEY, DeLUCA, DURHAM, EGOLF,
FAIRCHILD, FARGO, FARMER, FAJT, FICHTER, FLEAGLE, FLICK,
GANNON, GEIST, GERLACH, GLADECK, GODSHALL, HARLEY, HENNESSEY,
HERMAN, KENNEY, LAUB, LYNCH, LAUGHLIN, MARSICO, MASLAND,
MELIO, MERRY, MILLER, MUNDY, NAILOR, NICKOL, NYCE, O'BRIEN,
PERZEL, PETTIT, PHILLIPS, PLATTS, RAYMOND, REBER, ROHRER,
ROONEY, KASUNIC, RUBLEY, RYAN, SAURMAN, SATHER, SAYLOR,
SCHULER, SEMMEL, SERAFINI, S. H. SMITH, D. W. SNYDER, STAIRS,
E. Z. TAYLOR, J. TAYLOR, TOMLINSON, TRELLO, TRICH, TRUE,
TULLI, ULIANA AND WAUGH, NOVEMBER 24, 1993
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
NOVEMBER 24, 1993
AN ACT
1 Providing for Statewide nurse aide training programs relating to
2 nursing facilities.
3 The General Assembly finds and declares that nurse aides in
4 this Commonwealth are required to successfully complete a State-
5 approved training and evaluation in order to be employed as a
6 nurse aide in a skilled nursing facility or nursing facility in
7 this Commonwealth. Further, it is recognized that the purpose of
8 the training, as mandated by the Omnibus Budget Reconciliation
9 Act of 1987 (Public Law 100-203, 101 Stat. 1330) is to ensure
10 that nurse aides have the education, practical knowledge and
11 skills needed to care for residents of facilities participating
12 in the Medicare and Medicaid programs. The General Assembly
1 declares, as a matter of public policy, that the training effort
2 must give specific emphasis to identifying abusive situations,
3 understanding what abuse is and learning methods and techniques
4 to further prevent resident abuse from actually occurring.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Nurse Aide
9 Resident Abuse Prevention Training Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Abuse." The occurrence of one or more of the following
15 acts:
16 (1) The infliction of injury, unreasonable confinement,
17 intimidation or punishment with resulting physical harm, pain
18 or mental anguish.
19 (2) The willful deprivation by a caretaker of goods or
20 services which are necessary to maintain physical or mental
21 health.
22 (3) Abuse, as defined in 23 Pa.C.S. Ch. 61 (relating to
23 protection from abuse).
24 No older adult shall be found to be abused solely on the grounds
25 of environmental factors which are beyond the control of the
26 older adult or the caretaker, such as inadequate housing,
27 furnishings, income, clothing or medical care.
28 "Department." The Department of Education of the
29 Commonwealth.
30 "Exploitation." An act or course of conduct by a caretaker
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1 or other person against an older adult or an older adult's
2 resources, without the informed consent of the older adult or
3 with consent obtained through misrepresentation, coercion or
4 threats of force, that results in monetary, personal or other
5 benefit, gain or profit for the perpetrator or monetary or
6 personal loss to the older adult.
7 "Neglect." The failure to provide for oneself or the failure
8 of a caretaker to provide goods or services essential to avoid a
9 clear and serious threat to physical or mental health. No older
10 adult who does not consent to the provision of protective
11 services shall be found to be neglected solely on the grounds of
12 environmental factors which are beyond the control of the older
13 adult or the caretaker, such as inadequate housing, furnishings,
14 income, clothing or medical care.
15 "Nurse aide." Any individual providing nursing or nursing-
16 related services to residents in a nursing facility or skilled
17 nursing facility. The term does not include an individual who is
18 a licensed health professional or an individual who volunteers
19 to provide such services without monetary compensation.
20 "Nursing facility." A facility that provides either skilled
21 or intermediate nursing care or both levels of care to two or
22 more patients, who are unrelated to the nursing home
23 administrator, for a period exceeding 24 hours.
24 "Resident." A person who is admitted to a nursing facility
25 for observation, treatment or care for illness, disease, injury
26 or other disability.
27 Section 3. Resident abuse prevention training.
28 The State-approved nurse aide training programs shall in
29 curriculum pertaining to residents' rights include, but not be
30 limited to, specific training regarding the following:
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1 (1) Identification and prevention of abuse.
2 (2) Identification and prevention of exploitation.
3 (3) Identification and prevention of neglect.
4 (4) Identification and prevention of improper use of
5 physical or chemical restraints.
6 (5) Procedures for reporting abuse, exploitation,
7 neglect or improper use of physical or chemical restraints to
8 appropriate supervisory, law enforcement or governmental
9 authorities.
10 (6) Options and strategies for responsiveness to abusive
11 behavior directed toward nurse aides by residents.
12 Section 4. Implementation.
13 The department shall incorporate the resident abuse training
14 under section 3 as part of the State-approved nurse aide
15 training programs. The resident abuse prevention training
16 component shall be included as part of the residents' rights
17 curriculum in all nurse aide training classes on or before March
18 1, 1994.
19 Section 5. Effective date.
20 This act shall take effect immediately.
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