PRINTER'S NO. 2865

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1851

Session of

2015

INTRODUCED BY TALLMAN, THOMAS, O'BRIEN, MAHONEY, TOOHIL,

D. COSTA, ROZZI, LONGIETTI, MURT, DEASY AND OBERLANDER,

FEBRUARY 17, 2016

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," regulating

the practice of diabetes education and licensure of diabetes

educators; and further providing for penalties.

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

collaborative process by which people with or at risk for

diabetes gain the knowledge and skills needed to modify behavior

and successfully self-manage the disease and the related

conditions of the disease.

(17) "Licensed diabetes educator" means a diabetes educator

who holds a current license under this act.

(18) "Practice of diabetes education" means the assessment

and development of a plan of care for an individual with or at

risk for diabetes, the identification of self-management goals

for the individual, the provision of self-management training

[(f) The Board is subject to evaluation, review and

termination within the time and in the manner provided in the

act of December 22, 1981 (P.L.508, No.142), known as the "Sunset

Act."]

* * *

(k) The Board shall have the right and duty to establish

rules and regulations for the practice of professional nursing,

the practice of dietetics-nutrition, the practice of diabetes

education and the administration of this act. Copies of such

rules and regulations shall be available for distribution to the

diabetes education on at least an annual basis.

Section 3. The act is amended by adding a section to read:

Section 3.2. Licensed Diabetes Educator; License Required;

and Use of Title.--It shall be unlawful for any individual to

hold himself or herself forth as a licensed diabetes educator

unless he or she shall first have obtained a license pursuant to

this act. Only an individual who has received a license as a

licensed diabetes educator pursuant to this act may use the

title "licensed diabetes educator."

Section 4. Sections 6, 8 and 11 of the act are amended by

adding a subsections to read:

(1) Is certified by and in good standing with:

(i) the National Certification Board for Diabetes Educators

as a Certified Diabetes Educator; or

(ii) the American Association of Diabetes Educators with

Board-Certified Advanced Diabetes Management certification.

(2) Has:

(i) passed the National Certification Board for Diabetes

Educators' Certification Examination for Diabetes Educators; and

(ii) successfully completed two hundred fifty (250) hours

within a two-year time frame in an education program specific to

(c) The Board shall issue to each person who meets the

licensure requirements of this act a certificate setting forth

that such person is licensed as a diabetes educator and entitled

to use the title "licensed diabetes educator." A record of all

persons licensed as diabetes educators in this Commonwealth

shall be kept in the office of the Board and shall be open to

public inspection and copying upon payment of a nominal fee for

copying the record.

Section 11. Licenses; Duration; Renewal Fee; Inactive

Status.--* * *

Section 5. Sections 11.1, 13(b), 14 and 15.4 of the act,

amended June 29, 2002 (P.L.651, No.99), are amended to read:

Section 11.1. Reporting of Multiple Licensure.--Any licensed

professional nurse [or], dietitian-nutritionist or diabetes

educator of this Commonwealth who is also licensed to practice

nursing [or], dietetics-nutrition or diabetes education in any

other state, territory, possession or country shall report this

information to the Board on the biennial registration

application. Any disciplinary action taken in other states shall

be reported to the Board on the biennial registration

Board on the licensee's record, and such state, territory,

possession or country shall be notified by the Board of any

disciplinary actions taken against said licensee in this

Commonwealth.

Section 13. Punishment for Violations.--* * *

(b) In addition to any other civil remedy or criminal

penalty provided for in this act, the Board, by a vote of the

majority of the maximum number of the authorized membership of

the Board as provided by law or by a vote of the majority of the

forth as a licensed diabetes educator without being properly

licensed to do so under this act or on the responsible officers

or employes of any corporation, copartnership, institution or

association violating any of the provisions of this act. The

Board shall levy this penalty only after affording the accused

party the opportunity for a hearing, as provided in Title 2 of

the Pennsylvania Consolidated Statutes (relating to

administrative law and procedure).

Section 14. Refusal, Suspension or Revocation of Licenses.--

(a) The Board may refuse, suspend or revoke any license in any

with reasonable skill and safety to patients by reason of mental

or physical illness or condition or physiological or

psychological dependence upon alcohol, hallucinogenic or

narcotic drugs or other drugs which tend to impair judgment or

coordination, so long as such dependence shall continue. In

enforcing this clause (2), the Board shall, upon probable cause,

have authority to compel a licensee to submit to a mental or

physical examination as designated by it. After notice, hearing,

adjudication and appeal as provided for in section 15, failure

reasonable intervals be afforded an opportunity to demonstrate

that he or she can resume a competent practice of professional

nursing with reasonable skill and safety to patients.

(2.1) The licensee is unable to practice dietetics-nutrition

with reasonable skill and safety to individuals or groups by

reason of mental or physical illness or condition or

physiological or psychological dependence upon alcohol,

hallucinogenic or narcotic drugs or other drugs which tend to

impair judgment or coordination so long as such dependence shall

continue. In enforcing this clause (2.1), the Board shall upon

against him or her unless failure is due to circumstances beyond

his or her control, consequent upon which a default and final

order may be entered without the taking of testimony or

presentation of evidence. A licensee affected under this

paragraph shall at reasonable intervals be afforded an

opportunity to demonstrate that he or she can resume a competent

practice of dietetics-nutrition with reasonable skill and safety

to individuals or groups.

(2.2) The licensee is unable to practice diabetes education

probable cause have authority to compel a licensee to submit to

a mental or physical examination as designated by it. After

notice, hearing, adjudication and appeal as provided for in

section 15, failure of a licensee to submit to such examination

when directed shall constitute an admission of the allegations

against him or her unless failure is due to circumstances beyond

his or her control, consequent upon which a default and final

order may be entered without the taking of testimony or

presentation of evidence. A licensee affected under this

paragraph shall at reasonable intervals be afforded an

(4) The licensee has committed fraud or deceit in:

(i) the practice of nursing, or in securing his or her

admission to such practice or nursing school; [or]

(ii) the practice of dietetics-nutrition or in securing his

or her license as a dietitian-nutritionist[.]; or

(iii) the practice of diabetes education or in securing his

or her license as a diabetes educator.

(5) The licensee has been convicted, or has pleaded guilty,

or entered a plea of nolo contendere, or has been found guilty

(6) The licensee has his or her license suspended or revoked

or has received other disciplinary action by the proper

licensing authority in another state, territory, possession or

country.

(7) The licensee has acted in such a manner as to present an

immediate and clear danger to the public health or safety.

(8) The licensee possessed, used, acquired or distributed a

controlled substance or caution legend drug for other than an

acceptable medical purpose.

(9) The licensee has been guilty of immoral or

actual injury to a patient or individual or group need not be

established.

(b) When the Board finds that the license of any nurse [or],

dietitian-nutritionist or diabetes educator may be refused,

revoked or suspended under the terms of subsection (a), the

Board may:

(1) Deny the application for a license.

(2) Administer a public reprimand.

(3) Revoke, suspend, limit or otherwise restrict a license

order for noncompliance.

(6) Restore or reissue, in its discretion, a suspended

license to practice professional or practical nursing or

dietetics-nutrition and impose any disciplinary or corrective

measure which it might originally have imposed.

Section 15.4. Injunction or Other Process.--It shall be

practice nursing [or], to hold himself or herself forth as a

licensed dietitian-nutritionist or to hold himself or herself

forth as a licensed diabetes educator, as defined in this act,

without having at the time of so doing a valid, unexpired,

unrevoked and unsuspended license issued under this act. The

unlawful practice of nursing as defined in this act may be

enjoined by the courts on petition of the Board or the

Commissioner of Professional and Occupational Affairs. In any