1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," further providing for
4right to enter and inspect.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 1016 of the act of June 13, 1967 (P.L.31,
8No.21), known as the Public Welfare Code, amended July 15, 1976
9(P.L.993, No.202), is amended to read:

10Section 1016. Right to Enter and Inspect.--(a) For the
11purpose of determining the suitability of the applicants and of
12the premises or whether or not any premises in fact qualifies as
13a facility as defined in section 1001 of this act or the
14continuing conformity of the licensees to this act and to the
15applicable regulations of the department, any authorized agent
16of the department shall have the right to enter, visit and
17inspect any facility licensed or requiring a license under this
18act and shall have full and free access to the records of the
19facility and to the individuals therein and full opportunity to

1interview, inspect or examine such individuals.

2(b) An authorized agent of the department shall also confer
3with the operators of facilities regarding the minimum standards
4of the department, encourage the adoption of higher standards
5and recommend methods of improving care and services.

6(c) If the department finds evidence of gross incompetence,
7negligence, misconduct in operating the facility or agency,
8mistreatment or abuse of clients, likely to constitute an
9immediate and serious danger to the life or health of the
10clients, the department shall take immediate action to remove
11the clients from the facility or agency. If physical obstruction
12is offered to prevent removal of the clients the department
13shall request law enforcement authorities to assist in the
14removal of the clients.

15(d)  In the event of gross incompetence, negligence,
16misconduct in operating the facility or agency or mistreatment
17or abuse of clients, likely to constitute an immediate and
18serious danger to the life or health of the clients which
19results in immediate action to remove the clients from the
20facility or agency, the department shall provide immediate
21notice of the violations to the owner of the facility or agency
22in writing.

23Section 2. This act shall take effect in 60 days.