PRINTER'S NO. 3712
No. 2514 Session of 2004
INTRODUCED BY WOJNAROSKI, DAILEY, FABRIZIO, WALKO, BEBKO-JONES,
COY, CRUZ, SAYLOR, BALDWIN, HALUSKA, TIGUE, SOLOBAY,
McGEEHAN, CREIGHTON, EGOLF, DALEY, CORRIGAN, DeLUCA, GEIST,
ROONEY, E. Z. TAYLOR, GRUCELA, PISTELLA, REICHLEY,
WASHINGTON, CRAHALLA, PALLONE AND WANSACZ, APRIL 13, 2004
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 13, 2004
AN ACT
1 Requiring the reporting of nursing misconduct to the Department
2 of State; and providing for the establishment of a nursing
3 databank and for access to the databank by health care
4 facilities.
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 Nursing
9 Misconduct Reporting and Databank 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 "Databank." The Nursing Misconduct Databank established
15 under section 6.
16 "Department." The Department of State of the Commonwealth.
17 "Health care facility." A facility that provides health care
1 services to residents of this Commonwealth.
2 "Nurse." A registered nurse or licensed practical nurse
3 licensed under the laws of this Commonwealth or a nurse aide.
4 "Nurse aide." An individual who is trained to function in an
5 assistive role to a registered nurse or licensed practical nurse
6 in the provision of patient care activities delegated by and
7 under the supervision of the registered nurse or licensed
8 practical nurse. The term includes unlicensed assistive
9 personnel.
10 Section 3. Duty to report nurse misconduct.
11 (a) General rule.--A health care facility shall file a
12 report to the department at such time and in such manner as
13 prescribed by the department when a nurse employed by the health
14 care facility is disciplined or dismissed from that employment
15 for endangering the health, welfare or safety of a patient of
16 the health care facility.
17 (b) Contents or report.--The report to be filed under
18 subsection (a) shall include:
19 (1) The name and home address of the nurse.
20 (2) The name and address of the health care facility.
21 (3) A brief explanation of the basis upon which the
22 discipline or dismissal was taken against the nurse.
23 (4) Such other information as required by the
24 department.
25 (c) Confidentiality.--The department shall maintain the
26 confidentiality of information, if any, submitted in the report
27 required by this section that may identify a patient.
28 Section 4. Notice to nurse.
29 The department shall provide a copy of the report to the
30 nurse named in a report filed under section 3 and notify the
20040H2514B3712 - 2 -
1 nurse that:
2 (1) Information from the report will be incorporated
3 into the databank established under section 6.
4 (2) The nurse has the right to submit an answer to the
5 report and to deny any of the information in the report.
6 (3) The information in the databank will indicate
7 whether an answer to the report has been filed and will be
8 made available to health care facilities on request.
9 Section 5. Right to file answer.
10 (a) General rule.--A nurse who is the subject of a report
11 filed under section 3 shall have the right to file an answer to
12 the report within 60 days of receiving notice of the report
13 under section 4. The answer may deny any of the information
14 contained in the report.
15 (b) Inclusion in databank.--If the nurse files a timely
16 answer, the department shall include information in the databank
17 that an answer was filed and what information the nurse denied.
18 Section 6. Nursing Misconduct Databank.
19 (a) Establishment.--The department shall establish and
20 maintain the Nursing Misconduct Databank. The databank shall
21 consist of information obtained from reports and answers filed
22 under sections 3 and 5.
23 (b) Access.--The department shall provide health care
24 facilities with access to the databank for the purpose of
25 identifying nurses on whom reports have been filed under this
26 act.
27 (c) Fee.--The department may charge a fee to health care
28 facilities for access to the databank. The fee shall be
29 established by regulation.
30 Section 7. Failure to comply.
20040H2514B3712 - 3 -
1 A health care facility that fails to comply with the
2 provisions of this act commits a summary offense.
3 Section 8. Civil immunity.
4 A health care facility that in good faith files a report
5 under this act shall not be liable to the nurse identified in
6 the report for release of the information in that report to
7 other health care facilities.
8 Section 9. Rules and regulations.
9 The department shall promulgate such rules and regulations as
10 necessary to administer the provisions of this act.
11 Section 10. Effective date.
12 This act shall take effect in 60 days.
D5L35DMS/20040H2514B3712 - 4 -