THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MANN, BELFANTI, BISHOP, FRANKEL, HALUSKA, HARRIS, JOHNSON, KIRKLAND, KOTIK, KULA, MAHONEY, MILLARD, MUNDY, MURT, M. O'BRIEN, O'NEILL, OLIVER, PICKETT, READSHAW, SIPTROTH, STURLA, SWANGER, J. TAYLOR, VULAKOVICH, WATERS, MICOZZIE, CONKLIN, D. COSTA, BRENNAN, CREIGHTON, FREEMAN, REICHLEY, HARPER, BROWN, BEYER, BENNINGHOFF, GINGRICH AND GEIST, MAY 12, 2009

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 23, 2010   

AN ACT

Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An

act relating to health care; prescribing the powers and

duties of the Department of Health; establishing and

providing the powers and duties of the State Health

Coordinating Council, health systems agencies and Health Care

Policy Board in the Department of Health, and State Health

Facility Hearing Board in the Department of Justice;

providing for certification of need of health care providers

and prescribing penalties," providing for photo

identification tag regulations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of July 19, 1979 (P.L.130, No.48), known

as the Health Care Facilities Act, is amended by adding a

section to read:

Section 809.2.  Photo identification tag regulations.

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The department shall promulgate regulations to require each

employee of a home care agency, home health care agency and

hospital to wear a photo identification tag at all times when

the employee is working. The photo identification tag shall

include a recent photograph of the employee, the employee's

name, the name of the home care agency, home health care agency

or hospital, the certificate or license number for the home care

agency, home health care agency or hospital and the expiration

date of the certificate or license.

Section 2.  This act shall take effect in 60 days.

Section 809.2.  Photo identification tag regulations.

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(a)  Regulations.--Except as provided under subsection (c),

the department shall promulgate regulations under subsection (b)

to require employees to wear a photo identification tag when the

employee is working. The following shall apply:

(1)  The photo identification tag shall include a recent

photograph of the employee, the employee's name, the

employee's title and the name of the health care facility or

employment agency.

(2)  The title of the employee shall be as large as

possible in block type and shall occupy a one-half inch tall

strip as close as practicable to the bottom edge of the

badge.

(3)  Titles shall be as follows:

(i)  A Medical Doctor shall have the title

"Physician."

(ii)  A Doctor of Osteopathy shall have the title

"Physician."

(iii)  A Registered Nurse shall have the title

"Registered Nurse."

(iv)  A Licensed Practical Nurse shall have the title

"Licensed Practical Nurse."

(v)  All other titles shall be determined by the

department. Abbreviated titles may be used when the title

indicates licensure or certification by a Commonwealth

agency.

(b)  Interim regulations.--The department, upon the

conclusion of at least one public hearing, shall publish interim

regulations regarding implementation of this section in the

Pennsylvania Bulletin within 90 days of the effective date of

this section. The interim regulations shall not be subject to

sections 201 and 202 of the act of July 31, 1968 (P.L.769,

No.240), referred to as the Commonwealth Documents Law, and the

act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory

Review Act." The interim regulations shall expire 18 months

following the effective date of this section or when final

regulations are promulgated by the department, whichever occurs

first. Final regulations shall be promulgated no later than 18

months following the effective date of this section.

(c)  Exceptions.--Notwithstanding subsection (a), the

following shall apply:

(1)  An employee shall not be required to wear an

identification badge while delivering direct care to a

consumer if not clinically feasible.

(2)  The last name of the employee may be omitted or

concealed when delivering direct care to a consumer who

exhibits symptoms of irrationality or violence.

(d)  Applicability.--Except for subsection (a)(2) and (3),

this section shall apply to an employee that delivers direct

care to a consumer outside of the health care facility or

employment agency. On June 1, 2015, this section shall apply to

an employee that delivers direct care to a consumer at or

outside of the health care facility or employment agency.

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Employee."  An employee or a physician of any of the

following that delivers direct care to a consumer:

(1)  A health care facility.

(2)  A health care provider.

(3)  The private practice of a physician.

"Title."  A license, certification or registration held by

the employee.

Section 2.  This act shall take effect as follows:

(1)  The addition of section 809.2(a)(2) and (3) of the

act shall take effect June 1, 2015.

(2)  The remainder of this act shall take effect in 60

days.