PRIOR PRINTER'S NO. 537
PRINTER'S NO. 3070
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
479
Session of
2015
INTRODUCED BY FABRIZIO, McNEILL, KINSEY, THOMAS, O'BRIEN, JAMES,
HARKINS, SCHLOSSBERG, GERGELY, FREEMAN, COHEN, FRANKEL,
HENNESSEY, D. COSTA, V. BROWN, BARRAR, PASHINSKI, MURT,
MAHONEY, KORTZ, DONATUCCI, GABLER, GINGRICH AND WARD,
FEBRUARY 17, 2015
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, APRIL 4, 2016
AN ACT
Amending the act of May 22, 1951 (P.L.317, No.69), entitled, as
amended, "An act relating to the practice of professional
nursing; providing for the licensing of nurses and for the
revocation and suspension of such licenses, subject to
appeal, and for their reinstatement; providing for the
renewal of such licenses; regulating nursing in general;
prescribing penalties and repealing certain laws," providing
for delegation of functions necessary for the support of
nursing services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of May 22, 1951 (P.L.317,
No.69), known as The Professional Nursing Law, is amended by
adding a definition to read:
Section 2. Definitions.--When used in this act, the
following words and phrases shall have the following meanings
unless the context provides otherwise:
* * *
(16) "Delegate" or "delegation" means the transfer of
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responsibility for the performance of a task FUNCTION from the
professional REGISTERED nurse to another individual who may or
may not be a health care provider PRACTITIONER , licensed or
unlicensed, while retaining accountability for the outcome.
Section 2. The act is amended by adding a section to read:
Section 4.2. Delegation of Functions.--(a) A registered
nurse may delegate if all of the following conditions are met:
(1) The delegation is consistent with the scope and
standards of acceptable nursing practice as defined by license
or certificate or otherwise authorized by law.
(2) The delegation is not prohibited by statute or
regulation, including regulations promulgated by the board
BOARD .
(3) The registered nurse has knowledge that the delegate
INDIVIDUAL TO WHOM THE FUNCTION IS BEING DELEGATED has the
requisite education, training, experience and continued
competency to safely perform the delegated task FUNCTION .
(4) The registered nurse has determined that the delegation
does not create an undue risk to the patient.
(b) A registered nurse shall be responsible for the
delegated nursing function in accordance with subsection (a). A
registered nurse's responsibility for the delegated nursing
function is not limited by any provisions of this section.
(c) A registered nurse may not delegate a task FUNCTION
that:
(1) requires knowledge and skill not ordinarily possessed by
a nonregistered nurse BEYOND THE VALIDATED COMPETENCIES OF THE
INDIVIDUAL TO WHOM THE FUNCTION IS BEING DELEGATED ; or
(2) the registered nurse is not educated, trained and
competent to perform.
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(d) Nothing in this section may be construed as limiting the
authority of a physician to delegate as contained within the act
of December 20, 1985 (P.L.457, No.112), known as the " Medical
Practice Act of 1985. "
(e) Within 180 ONE HUNDRED EIGHTY (180) days of the
effective date of this section, the board BOARD shall promulgate
regulations that establish criteria pursuant to which a
registered nurse may delegate the performance of nursing
functions.
Section 3. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) THIS SECTION.
(II) THE ADDITION OF SECTION 4.2(E) OF THE ACT.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT ON THE
EFFECTIVE DATE OF THE REGULATIONS PROMULGATED UNDER SECTION
4.2(E) OF THE ACT.
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