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PRINTER'S NO. 2934
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2213
Session of
2024
INTRODUCED BY KHAN, ORTITAY, KOSIEROWSKI, MARCELL, MUNROE, ROWE,
GUENST, PROBST, SCHMITT, HILL-EVANS, SCHLOSSBERG, BOYD,
MADDEN, DELLOSO, CERRATO, SANCHEZ, CIRESI, SHUSTERMAN,
M. MACKENZIE, LEADBETER, ROZZI, HOHENSTEIN, SAMUELSON,
KAZEEM, BOROWSKI, CEPEDA-FREYTIZ, KENYATTA AND TWARDZIK,
APRIL 15, 2024
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 15, 2024
AN ACT
Amending the act of May 22, 1951 (P.L.317, No.69), entitled "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," further providing for
continuing nursing education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 12.1(b) of the act of May 22, 1951
(P.L.317, No.69), known as The Professional Nursing Law, is
amended to read:
Section 12.1. Continuing Nursing Education.--* * *
(b) Beginning with the license period designated by
regulation, licensees shall be required to attend and complete
thirty (30) hours of mandatory continuing education during each
two-year license period. Nationally certified education courses
shall be considered as creditable, in addition to any other
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courses the board deems creditable toward meeting the
requirements for continuing education. Continuing education in
older adult abuse recognition and reporting is required as
follows:
(1) A registered nurse or licensed practical nurse seeking
licensure renewal shall complete one (1) hour of the Board-
approved mandatory thirty (30) hours of continuing education
during the biennial period immediately preceding the application
for renewal in accordance with this section in older adult abuse
recognition and reporting, including, but not limited to,
recognition of the signs of older adult abuse and the reporting
requirements for suspected older adult abuse in this
Commonwealth. Continuing education under this paragraph shall be
approved by the department. The following apply:
(i) The Board may not renew a license of a registered nurse
or licensed practical nurse who fails to verify compliance with
this requirement. A registered nurse or licensed practical nurse
whose license is not renewed by the expiration date of the
biennial period may not engage in the practice of professional
nursing until the older adult abuse continuing education
requirement is satisfied and the license has been renewed,
reinstated or reactivated.
(ii) An applicant applying for initial licensure in this
Commonwealth shall not be required to meet the continuing
education requirement in this subsection on the first renewal
immediately following licensure, except for mandatory continuing
education in older adult abuse recognition and reporting
required under this subsection.
(iii) The Board may perform audits on registered nurses or
licensed practical nurses to determine compliance with the older
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adult abuse continuing education requirements. A registered
nurse or licensed practical nurse shall retain documentation of
the registered nurse's or licensed practical nurse's completion
of older adult abuse continuing education for at least five (5)
years. A registered nurse or licensed practical nurse shall
comply with a request for submission of documents verifying the
registered nurse's or licensed practical nurse's completion of
older adult abuse continuing education. For attendance at
continuing education programs or courses, the registered nurse
or licensed practical nurse shall retain the certificate of
attendance provided by the program or course provider and submit
the same to the Board upon request.
(iv) A registered nurse or licensed practical nurse seeking
to reinstate a lapsed license or reactivate an inactive license
shall file an application for reinstatement or reactivation and
submit, or cause to be submitted, documentation to demonstrate
that the licensee completed the hour required in approved older
adult abuse recognition and reporting within the biennial period
immediately preceding application.
(v) A registered nurse or licensed practical nurse seeking
to reinstate a suspended license shall submit, or cause to be
submitted, documentation to demonstrate that the registered
nurse or licensed practical nurse completed the hour in approved
older adult abuse recognition and reporting within the biennial
period immediately preceding application for reinstatement.
(vi) Older adult abuse continuing education hours may not be
carried over from one biennial renewal period to the next.
(vii) A registered nurse or licensed practical nurse may
request a waiver of the older adult abuse continuing education
requirement because of serious illness, military service or
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other demonstrated hardship. The registered nurse or licensed
practical nurse shall submit the request and any supporting
documentation to the Board in writing at least ninety (90) days
prior to the registered nurse's or licensed practical nurse's
license expiration date unless an emergency or hardship occurs
within the ninety-day period. The Board shall grant, deny or
grant in part the request for waiver.
(viii) (A) Failure to complete the one-hour continuing
education requirement on older adult abuse in accordance with
this subsection shall be subject to the registered nurse or
licensed practical nurse discipline under section 13(b) in
accordance with the schedule of civil penalties in 49 Pa. Code ยง
43b.18a (relating to schedule of civil penalties-nurses). A
second or subsequent violation shall subject the registered
nurse or licensed practical nurse to discipline under section
14(a)(3).
(B) A registered nurse or licensed practical nurse who has
not completed the mandatory hour of older adult abuse continuing
education shall make up the deficiency within six (6) months of
receiving notice of the deficiency.
(C) Notwithstanding any civil penalty assessed under clause
(A), failure to provide the Board with documentation
demonstrating the completion of one (1) hour of older adult
abuse continuing education within six (6) months after receiving
notice of a deficiency shall subject the registered nurse or
licensed practical nurse to discipline under section 14(a)(3).
(D) Failure to comply with an audit request for older adult
abuse continuing education documentation may subject a
registered nurse or licensed practical nurse to additional
discipline under section 14(a)(4)(i).
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(2) (Reserved).
* * *
Section 2. This act shall take effect in 60 days.
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