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                                                      PRINTER'S NO. 4207

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2705 Session of 2008


        INTRODUCED BY McILVAINE SMITH, BOBACK, BRENNAN, CALTAGIRONE,
           EACHUS, FRANKEL, GEORGE, GRUCELA, HENNESSEY, JAMES, JOSEPHS,
           KORTZ, KULA, McGEEHAN, MELIO, MYERS, M. O'BRIEN, PARKER,
           ROEBUCK, K. SMITH, SWANGER, THOMAS, YOUNGBLOOD, MURT AND
           BENNINGTON, JULY 9, 2008

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JULY 9, 2008

                                     AN ACT

     1  Providing for instruction of domestic violence awareness for
     2     health care professionals licensed or certified by the
     3     Commonwealth or governed by the State Board of Medicine,
     4     State Board of Osteopathic Medicine or State Board of
     5     Nursing.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Short title.
     9     This act shall be known and may be cited as the Domestic
    10  Violence Awareness Continuing Medical Education Act.
    11  Section 2.  Biennial relicensure and recertification.
    12     (a)  Requirements.--The appropriate licensing board shall
    13  require physicians, certified nurse practitioners, registered
    14  nurses, licensed practical nurses, nurse aides and assistants or
    15  any other health care professional licensed or certified by the
    16  Commonwealth or governed by the State Board of Medicine, State
    17  Board of Osteopathic Medicine or State Board of Nursing to
    18  complete a one hour continuing medical education course,

     1  approved by the appropriate licensing board, on domestic
     2  violence awareness as part of the biennial relicensure or
     3  recertification as defined under section 25(b) of the act of
     4  December 20, 1985 (P.L.457, No.112), known as the Medical
     5  Practice Act of 1985. The course shall consist of information on
     6  domestic violence, the impact of domestic violence on patients'
     7  health, the number of patients in that professional's practice
     8  who are likely to be victims of domestic violence and the number
     9  who are likely to be perpetrators of domestic violence,
    10  screening procedures for determining whether a patient has any
    11  history of being either a victim or a perpetrator of domestic
    12  violence and instruction on how to provide the patients with
    13  information and referrals to resources in the local community,
    14  such as domestic violence programs and advocacy groups that
    15  provide legal aid, shelters, victim counseling, batterer
    16  intervention services or counseling for children.
    17     (b)  Confirmation.--Each licensee or certificate holder shall
    18  submit confirmation of having completed the required course on a
    19  form provided by the appropriate licensing board when submitting
    20  fees for each biennial renewal.
    21     (c)  Alternative courses.--The appropriate licensing board
    22  may approve additional equivalent courses, which shall contain
    23  all of the required elements specified under subsection (a),
    24  that may be used to satisfy the requirements of this section.
    25  Each licensing board that requires a licensee to complete an
    26  education course under this subsection may include the hours
    27  required for completion of the course in the total hours of
    28  continuing medical education required by law for the profession.
    29     (d)  Multiple licenses.--Any person holding two or more
    30  licenses subject to the provisions of this act shall be
    20080H2705B4207                  - 2 -     

     1  permitted to show proof of having taken one board-approved
     2  course on domestic violence awareness for purposes of
     3  relicensure or recertification for additional licenses.
     4     (e)  Failure to comply.--Failure to comply with the
     5  requirements of this section shall constitute grounds for
     6  disciplinary action under each respective practice act. In
     7  addition to discipline by the appropriate licensing board, the
     8  licensee or certificate holder shall be required to complete the
     9  course set forth under subsection (a).
    10  Section 3.  Initial licensure and certification.
    11     (a)  Board requirements.--The appropriate licensing board
    12  shall also require, as a condition of granting a license in this
    13  Commonwealth, that each applicant for initial licensure by the
    14  appropriate licensing board complete an educational course
    15  acceptable to the board on domestic violence awareness which is
    16  substantially equivalent to the course required under section
    17  2(a).
    18     (b)  Compliance.--An applicant who has not taken the course
    19  at the time of licensure shall, upon submission of an affidavit
    20  showing good cause, be granted six months to complete the
    21  requirement.
    22  Section 4.  Reporting.
    23     Each licensing board shall report to the Department of State,
    24  the chair of the Public Health and Welfare Committee of the
    25  Senate and the chair of the Health and Human Services Committee
    26  of the House of Representatives by July 1 of each year as to the
    27  implementation of and compliance with the requirements of this
    28  act.
    29  Section 5.  Effective date.
    30     This act shall take effect in 120 days.
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