SENATE AMENDED PRIOR PRINTER'S NOS. 1548, 1986, 2019 PRINTER'S NO. 2176
No. 1253 Session of 2007
INTRODUCED BY SOLOBAY, SEIP, BELFANTI, CAPPELLI, CREIGHTON, DALEY, EACHUS, FREEMAN, GEIST, GRUCELA, JOSEPHS, KIRKLAND, MURT, PETRONE, SAYLOR, SIPTROTH, KULA, EVERETT, GIBBONS, KORTZ, PALLONE, JAMES, THOMAS, CALTAGIRONE AND PASHINSKI, MAY 10, 2007
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, JUNE 30, 2007
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 providing for scope of practice for certified registered 9 nurse practitioners; and providing for professional 10 liability. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Section 8.2 of the act of May 22, 1951 (P.L.317, 14 No.69), known as The Professional Nursing Law, added December 9, 15 2002 (P.L.1567, No.206), is amended to read: 16 Section 8.2. Scope of Practice for Certified Registered 17 Nurse Practitioners.--(a) A certified registered nurse 18 practitioner while functioning in the expanded role as a 19 professional nurse shall practice within the scope of practice
1 of the particular clinical specialty area in which the nurse is 2 certified by the board. 3 (b) A certified registered nurse practitioner may perform 4 acts of medical diagnosis in collaboration with a physician and 5 in accordance with regulations promulgated by the board. 6 (c) [A] Except as provided in subsection (c.1), a certified 7 registered nurse practitioner may prescribe medical therapeutic 8 or corrective measures if the nurse is acting in accordance with 9 the provisions of section 8.3. 10 (c.1) Except as limited by subsection (c.2), and in addition 11 to existing authority, a certified registered nurse practitioner 12 shall have authority to do all of the following, provided that 13 the certified nurse practitioner is acting within the scope of 14 the certified registered nurse practitioner's collaborative or 15 written agreement with a physician and the certified registered 16 nurse practitioner's specialty certification: 17 (1) Order home health and hospice care. 18 (2) Order durable medical equipment. 19 (3) Issue oral orders to the extent permitted by the health 20 care facilities' by-laws, rules, regulations or administrative 21 policies and guidelines. 22 (4) Make physical therapy and dietitian referrals. 23 (5) Order respiratory or occupational therapy. <-- 24 (5) MAKE RESPIRATORY AND OCCUPATIONAL THERAPY REFERRALS. <-- 25 (6) Perform disability assessments for the program providing 26 Temporary Assistance to Needy Families (TANF). 27 (7) Issue home bound schooling certifications. 28 (8) Perform and sign THE initial assessment of methadone <-- 29 treatment evaluations, provided that any order for methadone 30 treatment shall be made only by a physician. 20070H1253B2176 - 2 -
1 (c.2) Nothing in this section shall be construed to: 2 (1) Supersede the authority of the Department of Health and 3 the Department of Public Welfare to regulate the types of health 4 care professionals who are eligible for medical staff membership 5 or clinical privileges. 6 (2) Restrict the authority of a health care facility to 7 determine the scope of practice and supervision or other 8 oversight requirements for health care professionals practicing 9 within the facility. 10 (d) Nothing in this section shall be construed to limit or 11 prohibit a certified registered nurse practitioner from engaging 12 in those activities which normally constitute the practice of 13 nursing as defined in section 2. 14 Section 2. The act is amended by adding a section to read: 15 Section 8.5. Professional Liability.--A certified registered 16 nurse practitioner practicing in this Commonwealth shall 17 maintain a level of professional liability coverage as required 18 for a nonparticipating health care provider under the act of 19 March 20, 2002 (P.L.154, No.13), known as the "Medical Care 20 Availability and Reduction of Error (Mcare) Act," but shall not 21 be eligible to participate in the Medical Care Availability and 22 Reduction of Error (Mcare) Fund. 23 Section 3. The State Board of Nursing, the Department of 24 Public Welfare, the State Board of Medicine and the Department 25 of Health shall promulgate regulations to implement the 26 amendment or addition of sections 8.2 and 8.5 of the act within 27 18 months of the effective date of this section. 28 Section 4. The following acts are repealed insofar as they 29 are inconsistent with the amendment of section 8.2 of the act 30 and the addition of section 8.5 of the act: 20070H1253B2176 - 3 -
1 (1) Section 3.1 3.1(B) of the act. <-- 2 (2) Section 9 9(D) of the act of October 10, 1975 <-- 3 (P.L.383, No.110), known as the Physical Therapy Practice 4 Act. 5 (3) Section 14 of the act of June 15, 1982 (P.L.502, 6 No.140), known as the Occupational Therapy Practice Act. 7 (4) Section 13.1(d) of the act of December 20, 1985 8 (P.L.457, No.112), known as the Medical Practice Act of 1985. 9 Section 5. This act shall take effect in 60 days. E4L63BIL/20070H1253B2176 - 4 -