PRINTER'S NO. 1525
No. 1208 Session of 2001
INTRODUCED BY EARLL, KUKOVICH, MUSTO, PICCOLA, M. WHITE,
LAVALLE, COSTA, MADIGAN, MOWERY, THOMPSON, KITCHEN, LEMMOND,
PUNT, SCHWARTZ, ARMSTRONG, WAUGH, SCARNATI, BOSCOLA, WOZNIAK,
GREENLEAF, HUGHES, CORMAN, TOMLINSON, HELFRICK AND ROBBINS,
NOVEMBER 14, 2001
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
NOVEMBER 14, 2001
AN ACT
1 Amending the act of May 22, 1951 (P.L.317, No.69), entitled, as
2 amended, "An act relating to the practice of professional
3 nursing; providing for the licensing of nurses and for the
4 revocation and suspension of such licenses, subject to
5 appeal, and for their reinstatement; providing for the
6 renewal of such licenses; regulating nursing in general;
7 prescribing penalties and repealing certain laws," further
8 defining "practice of professional nursing"; further
9 providing for the duties of the State Board of Nursing; and
10 making a repeal.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The definition of "practice of professional
14 nursing" in section 2 of the act of May 22, 1951 (P.L.317,
15 No.69), known as The Professional Nursing Law, amended December
16 20, 1985 (P.L.409, No.109), is amended to read:
17 Section 2. Definitions.--When used in this act, the
18 following words and phrases shall have the following meanings
19 unless the context provides otherwise:
20 (1) The "Practice of Professional Nursing" means diagnosing
1 and treating human responses to actual or potential health
2 problems through such services as casefinding, health teaching,
3 health counseling, and provision of care supportive to or
4 restorative of life and well-being, and executing medical
5 regimens as prescribed by a licensed physician or dentist. The
6 foregoing shall not be deemed to include acts of medical
7 diagnosis or prescription of medical therapeutic or corrective
8 measures, except as may be authorized by rules and regulations
9 [jointly] promulgated by [the State Board of Medicine and] the
10 Board, which rules and regulations shall be implemented by the
11 Board.
12 (2) "Board" means the State Board of Nursing.
13 (3) "Approved" means approved by the State Board of Nursing.
14 (4) "Diagnosing" means that identification of and
15 discrimination between physical and psychosocial signs and
16 symptoms essential to effective execution and management of the
17 nursing regimen.
18 (5) "Treating" means selection and performance of those
19 therapeutic measures essential to the effective execution and
20 management of the nursing regimen, and execution of the
21 prescribed medical regimen.
22 (6) "Human responses" means those signs, symptoms and
23 processes which denote the individual's interaction with an
24 actual or potential health problem.
25 Section 2. Section 2.1 of the act is amended by adding a
26 subsection to read:
27 Section 2.1. State Board of Nursing.--* * *
28 (l) Any powers and duties imposed on the State Board of
29 Medicine, or jointly imposed on the State Board of Medicine and
30 the State Board of Nursing, by or pursuant to law or regulation
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1 shall, after the effective date of this subsection, be exercised
2 solely by the State Board of Nursing. This subsection shall not
3 apply to 49 Pa. Code §§ 21.283(4) (relating to prescribing and
4 dispensing drugs) and 21.321 (relating to performance of tasks
5 without direction; performance of tasks without training; other)
6 unless the State Board of Nursing promulgates a regulation to
7 exercise the duties imposed on the State Board of Medicine by
8 those sections.
9 Section 3. Section 15 of the act of December 20, 1985
10 (P.L.457, No.112), known as the Medical Practice Act of 1985, is
11 repealed.
12 Section 4. The regulations set forth in 49 Pa. Code Ch. 18
13 Subch. C are abrogated to the extent they are inconsistent with
14 this act.
15 Section 5. (a) All references in 49 Pa. Code Ch. 21 Subch.
16 C to the State Board of Medicine shall be deemed to refer to the
17 State Board of Nursing.
18 (b) Notwithstanding paragraph (1), the reference in 49 Pa.
19 Code §§ 21.283(4) and 21.321 to the State Board of Medicine
20 shall remain in effect unless amended by a regulation
21 promulgated by the State Board of Nursing.
22 (c) The State Board of Nursing shall promulgate regulations
23 amending Subchapter C of Chapter 21 of 49 Pa.Code to be
24 consistent with this act.
25 Section 6. (a) Nothing in this act shall be construed to
26 prohibit the continued practice of certified registered nurse
27 practitioners who were authorized to practice in this
28 Commonwealth on the effective date of this act.
29 (b) Nothing in this act shall be construed to invalidate any
30 certification, approval, designation, health care facility
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1 policy, collaborative agreement, authorization to prescribe and
2 dispense therapeutic drugs or waiver of physician supervision
3 requirement in effect on the effective date of this act.
4 Section 7. This act shall take effect in 60 days.
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