HOUSE AMENDED
PRIOR PRINTER'S NO. 421 PRINTER'S NO. 2499
No. 377 Session of 1985
INTRODUCED BY HELFRICK, SHUMAKER, HOWARD, CORMAN, STAPLETON,
WILT, ANDREZESKI AND SALVATORE, FEBRUARY 20, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 6, 1986
AN ACT
1 Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An <--
2 act relating to health care; prescribing the powers and
3 duties of the Department of Health; establishing and
4 providing the powers and duties of the State Health
5 Coordinating Council, health systems agencies and Health Care
6 Policy Board in the Department of Health, and State Health
7 Facility Hearing Board in the Department of Justice;
8 providing for certification of need of health care providers
9 and prescribing penalties," permitting health care facilities
10 to board an animal in certain cases.
11 AMENDING THE ACT OF JULY 19, 1979 (P.L.130, NO.48), ENTITLED "AN <--
12 ACT RELATING TO HEALTH CARE; PRESCRIBING THE POWERS AND
13 DUTIES OF THE DEPARTMENT OF HEALTH; ESTABLISHING AND
14 PROVIDING THE POWERS AND DUTIES OF THE STATE HEALTH
15 COORDINATING COUNCIL, HEALTH SYSTEMS AGENCIES AND HEALTH CARE
16 POLICY BOARD IN THE DEPARTMENT OF HEALTH, AND STATE HEALTH
17 FACILITY HEARING BOARD IN THE DEPARTMENT OF JUSTICE;
18 PROVIDING FOR CERTIFICATION OF NEED OF HEALTH CARE PROVIDERS
19 AND PRESCRIBING PENALTIES," PROVIDING FOR THE LICENSING AND
20 REGULATION OF PERSONAL CARE FACILITIES; ESTABLISHING THE
21 PERSONAL CARE FACILITY ADVISORY COUNCIL AND PROVIDING FOR ITS
22 POWERS AND DUTIES; FURTHER PROVIDING FOR REGULATIONS OF THE
23 DEPARTMENT; PERMITTING HEALTH CARE FACILITIES TO BOARD AN
24 ANIMAL IN CERTAIN CASES; FURTHER PROVIDING FOR THE REPORTING
25 OF INCIDENTS OF PROFESSIONAL MISCONDUCT AND FOR ENFORCEMENT
26 AND PENALTIES; AND MAKING AN APPROPRIATION.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
1 Section 1. The act of July 19, 1979 (P.L.130, No.48), known <--
2 as the Health Care Facilities Act, is amended by adding a
3 section to read:
4 Section 821. Pet therapy programs.
5 Notwithstanding any inconsistent provision of law, rule or
6 regulation to the contrary, and subject to the approval of the
7 secretary, every health care facility may, at the discretion of
8 the health care provider, board domesticated pets in the
9 facility where the boarding would, in the determination of the
10 secretary and the health care provider, tend to promote the
11 general well-being of the residents of the facility. The
12 secretary shall adopt rules and regulations necessary to
13 implement the provisions of this act.
14 Section 2. This act shall take effect in 60 days.
15 SECTION 1. THE DEFINITION OF "HEALTH CARE FACILITY" IN <--
16 SECTION 103 OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN
17 AS THE HEALTH CARE FACILITIES ACT, AMENDED JULY 12, 1980
18 (P.L.655, NO.136), IS AMENDED AND THE SECTION IS AMENDED BY
19 ADDING A DEFINITION TO READ:
20 SECTION 103. DEFINITIONS.
21 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
22 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
23 MEANINGS GIVEN TO THEM IN THIS SECTION:
24 * * *
25 "HEALTH CARE FACILITY." A GENERAL OR SPECIAL HOSPITAL
26 INCLUDING TUBERCULOSIS AND PSYCHIATRIC HOSPITALS, REHABILITATION
27 FACILITIES, SKILLED NURSING FACILITIES, PERSONAL CARE FACILITY,
28 KIDNEY DISEASE TREATMENT CENTERS INCLUDING FREE-STANDING
29 HEMODIALYSIS UNITS, INTERMEDIATE CARE FACILITIES AND AMBULATORY
30 SURGICAL FACILITIES, BOTH PROFIT AND NONPROFIT AND INCLUDING
19850S0377B2499 - 2 -
1 THOSE OPERATED BY AN AGENCY OF STATE OR LOCAL GOVERNMENT, BUT
2 SHALL NOT INCLUDE AN OFFICE USED EXCLUSIVELY FOR THEIR PRIVATE
3 OR GROUP PRACTICE BY PHYSICIANS OR DENTISTS, NOR A PROGRAM WHICH
4 RENDERS TREATMENT OR CARE FOR DRUG OR ALCOHOL ABUSE OR
5 DEPENDENCE, UNLESS LOCATED WITHIN, BY OR THROUGH A HEALTH CARE
6 FACILITY, A FACILITY PROVIDING TREATMENT SOLELY ON THE BASIS OF
7 PRAYER OR SPIRITUAL MEANS IN ACCORDANCE WITH THE TENETS OF ANY
8 CHURCH OR RELIGIOUS DENOMINATION, NOR A FACILITY CONDUCTED BY A
9 RELIGIOUS ORGANIZATION FOR THE PURPOSE OF PROVIDING HEALTH CARE
10 SERVICES EXCLUSIVELY TO CLERGYMEN OR OTHER PERSONS IN A
11 RELIGIOUS PROFESSION WHO ARE MEMBERS OF THE RELIGIOUS
12 DENOMINATIONS CONDUCTING THE FACILITY.
13 THIS DEFINITION SHALL EXCLUDE ALL HEALTH CARE FACILITIES AS
14 HEREINABOVE DEFINED THAT DO NOT ACCEPT, DIRECTLY OR INDIRECTLY,
15 ANY FEDERAL OR STATE GOVERNMENTAL FUNDS FOR CAPITALIZATION,
16 DEPRECIATION, INTEREST, RESEARCH OR REIMBURSEMENT, UNLESS THE
17 HEALTH CARE FACILITY IS A PERSONAL CARE FACILITY OR THE
18 SECRETARY OF HEALTH, EDUCATION AND WELFARE, PURSUANT TO FEDERAL
19 PUBLIC LAW 93-641, SECTION 1523(A)(4)(B), CONCLUDES THAT THIS
20 EXCLUSIONARY PROVISION IS UNSATISFACTORY TO THE DEPARTMENTS OF
21 HEALTH, EDUCATION AND WELFARE.
22 * * *
23 "PERSONAL CARE FACILITY." ANY PREMISES IN WHICH FOOD AND
24 SHELTER ARE PROVIDED FOR A PERIOD EXCEEDING 24 CONSECUTIVE HOURS
25 FOR MORE THAN THREE ADULTS WHO ARE NOT RELATIVES OF THE OPERATOR
26 AND WHO DO NOT REQUIRE CONTINUOUS NURSING CARE BUT DO REQUIRE
27 PERSONAL CARE SERVICES, INCLUDING ASSISTANCE OR SUPERVISION IN
28 MATTERS SUCH AS DRESSING, BATHING, DIET OR MEDICATION PRESCRIBED
29 FOR SELF-ADMINISTRATION AND INCLUDING ASSISTANCE WITH TASKS OF
30 DAILY LIVING, OBTAINING MEDICAL AND OTHER HEALTH CARE OR SOCIAL
19850S0377B2499 - 3 -
1 SERVICES.
2 * * *
3 SECTION 2. SECTION 201 OF THE ACT IS AMENDED BY ADDING A
4 PARAGRAPH TO READ:
5 SECTION 201. POWERS AND DUTIES OF THE DEPARTMENT.
6 THE DEPARTMENT OF HEALTH SHALL HAVE THE POWER AND ITS DUTIES
7 SHALL BE:
8 * * *
9 (18) TO LICENSE AND REGULATE PERSONAL CARE FACILITIES.
10 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
11 SECTION 203. PERSONAL CARE FACILITY ADVISORY COUNCIL.
12 (A) THERE IS HEREBY ESTABLISHED AN ADVISORY COUNCIL TO BE
13 KNOWN AS THE PERSONAL CARE FACILITY ADVISORY COUNCIL.
14 (B) THE COUNCIL SHALL BE COMPOSED OF THE FOLLOWING MEMBERS:
15 (1) THE SECRETARIES OF HEALTH, PUBLIC WELFARE AND AGING,
16 OR DESIGNEES THEREOF.
17 (2) THREE OWNERS OR OPERATORS OF PERSONAL CARE
18 FACILITIES, ONE OF WHICH SHALL BE THE OWNER OR OPERATOR OF A
19 PERSONAL CARE FACILITY WITH A CAPACITY OF LESS THAN 30
20 PERSONS, APPOINTED BY THE GOVERNOR.
21 (3) ONE MEMBER OF THE PUBLIC TO REPRESENT RESIDENTS OF
22 PERSONAL CARE FACILITIES, APPOINTED BY THE GOVERNOR.
23 (4) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE
24 APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE
25 APPOINTED BY THE MINORITY LEADER.
26 (5) TWO MEMBERS OF THE SENATE, ONE APPOINTED BY THE
27 PRESIDENT PRO TEMPORE OF THE SENATE, ONE APPOINTED BY THE
28 MINORITY LEADER.
29 (C) (1) THE TERMS OF THE MEMBERS APPOINTED BY THE GOVERNOR
30 SHALL BE FOUR YEARS WITH THE INITIAL APPOINTEES TO SERVE FOR
19850S0377B2499 - 4 -
1 TWO YEARS AND FOUR YEARS RESPECTIVELY AS DESIGNATED BY THE
2 GOVERNOR.
3 (2) THE SECRETARY OF HEALTH SHALL SERVE CONCURRENT WITH
4 THE TERM OF OFFICE.
5 (3) MEMBERS OF THE GENERAL ASSEMBLY SHALL SERVE A TERM
6 CONCURRENT WITH THEIR ELECTED POSITIONS.
7 (D) MEMBERS SHALL BE ELIGIBLE FOR REAPPOINTMENT. ANY VACANCY
8 SHALL BE FILLED BY THE APPOINTING POWER FOR THE UNEXPIRED TERM
9 OF OFFICE.
10 (E) ALL MEMBERS OF THE COUNCIL SHALL ONLY BE ENTITLED TO
11 REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES
12 AS FIXED BY THE EXECUTIVE BOARD.
13 (F) THE SECRETARY OF HEALTH SHALL SERVE AS THE CHAIRPERSON.
14 THE COUNCIL SHALL MEET AT LEAST QUARTERLY AND AT SUCH OTHER
15 TIMES AS THE CHAIRPERSON DEEMS NECESSARY.
16 (G) FIVE MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM
17 FOR CONDUCTING THE BUSINESS OF THE COUNCIL.
18 (H) THE COUNCIL SHALL CONSULT WITH THE DEPARTMENT AND MAKE
19 RECOMMENDATIONS ON REGULATIONS, LICENSURE AND ANY OTHER
20 RESPONSIBILITIES OF THE DEPARTMENT RELATING TO PERSONAL CARE
21 FACILITIES.
22 SECTION 4. SECTION 302 OF THE ACT IS AMENDED TO READ:
23 SECTION 302. HEALTH CARE POLICY BOARD; POWERS AND DUTIES.
24 THE HEALTH CARE POLICY BOARD SHALL HAVE THE POWERS AND DUTIES
25 TO:
26 (1) STUDY AND REVIEW ALL THE REQUIREMENTS OF THIS ACT
27 AND ALL STATE AND FEDERAL LAWS PERTINENT THERETO.
28 (2) REVIEW RULES AND REGULATIONS PREPARED BY THE
29 DEPARTMENT PURSUANT TO THIS ACT AS AN ADVISORY BOARD AND
30 CONSULT WITH THE DEPARTMENT AS TO SUCH RULES AND REGULATIONS.
19850S0377B2499 - 5 -
1 THIS PARAGRAPH SHALL NOT APPLY TO THE REGULATIONS OF THE
2 DEPARTMENT RELATING TO PERSONAL CARE FACILITIES.
3 (3) CONSIDER RECOMMENDATIONS OF THE COUNCIL RELATING TO
4 CERTIFICATION OF NEED AND TO REPORT PERIODICALLY ON ITS
5 ACTIVITIES TO THE SECRETARY AND THE SHCC.
6 SECTION 5. SECTION 601(A) OF THE ACT, AMENDED JULY 12, 1980
7 (P.L.655, NO.136), IS AMENDED TO READ:
8 SECTION 601. PROMULGATION OF RULES AND REGULATIONS.
9 (A) ALL RULES AND REGULATIONS UNDER THIS ACT SHALL BE
10 PREPARED BY THE DEPARTMENT AND SUBMITTED FOR REVIEW BY THE
11 POLICY BOARD OR THE PERSONAL CARE FACILITY ADVISORY COUNCIL AND
12 THE DEPARTMENT SHALL CONSULT WITH THE POLICY BOARD BEFORE
13 PROPOSED REGULATIONS ARE PUBLISHED.
14 * * *
15 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
16 SECTION 713. PERSONAL CARE FACILITIES.
17 NO CERTIFICATE OF NEED SHALL BE REQUIRED FOR PERSONAL CARE
18 FACILITIES. THE OPERATION OF A PERSONAL CARE FACILITY SHALL NOT
19 EXEMPT ANY OTHER HEALTH CARE FACILITY FROM THE PROVISIONS OF
20 THIS SECTION.
21 SECTION 7. THE DEFINITIONS OF "HEALTH CARE FACILITY" AND
22 "INTERMEDIATE CARE FACILITY" IN SECTION 802.1 OF THE ACT, ADDED
23 JULY 12, 1980 (P.L.655, NO.136), ARE AMENDED AND THE SECTION IS
24 AMENDED BY ADDING DEFINITIONS TO READ:
25 SECTION 802.1. DEFINITIONS.
26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
27 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
28 MEANINGS GIVEN THEM IN THIS SECTION:
29 * * *
30 "HEALTH CARE FACILITY." A GENERAL, TUBERCULOSIS, CHRONIC
19850S0377B2499 - 6 -
1 DISEASE OR OTHER TYPE OF HOSPITAL, A SKILLED NURSING FACILITY, A
2 HOME HEALTH CARE AGENCY, A PERSONAL CARE FACILITY, AN
3 INTERMEDIATE CARE FACILITY, AN AMBULATORY SURGICAL FACILITY,
4 BIRTH CENTER REGARDLESS OF WHETHER SUCH HEALTH CARE FACILITY IS
5 OPERATED FOR PROFIT, NONPROFIT OR BY AN AGENCY OF THE
6 COMMONWEALTH OR LOCAL GOVERNMENT. THE TERM HEALTH CARE FACILITY
7 SHALL NOT INCLUDE AN OFFICE USED PRIMARILY FOR THE PRIVATE
8 PRACTICE OF MEDICINE, OSTEOPATHY, OPTOMETRY, CHIROPRACTIC,
9 PODIATRY OR DENTISTRY, NOR A PROGRAM WHICH RENDERS TREATMENT OR
10 CARE FOR DRUG OR ALCOHOL ABUSE OR DEPENDENCE UNLESS LOCATED
11 WITHIN A HEALTH FACILITY, NOR A FACILITY PROVIDING TREATMENT
12 SOLELY ON THE BASIS OF PRAYER OR SPIRITUAL MEANS. A MENTAL
13 RETARDATION FACILITY IS NOT A HEALTH CARE FACILITY EXCEPT TO THE
14 EXTENT THAT IT PROVIDES SKILLED NURSING CARE. THE TERM HEALTH
15 CARE FACILITY SHALL NOT APPLY TO A FACILITY WHICH IS CONDUCTED
16 BY A RELIGIOUS ORGANIZATION FOR THE PURPOSE OF PROVIDING HEALTH
17 CARE SERVICES EXCLUSIVELY TO CLERGYMEN OR OTHER PERSONS IN A
18 RELIGIOUS PROFESSION WHO ARE MEMBERS OF A RELIGIOUS
19 DENOMINATION.
20 * * *
21 "INTERMEDIATE CARE FACILITY." AN INSTITUTION WHICH PROVIDES
22 ON A REGULAR BASIS HEALTH-RELATED CARE AND SERVICES TO RESIDENT
23 INDIVIDUALS WHO DO NOT REQUIRE THE DEGREE OF CARE AND TREATMENT
24 WHICH A HOSPITAL OR SKILLED NURSING FACILITY IS DESIGNED TO
25 PROVIDE, BUT WHO BECAUSE OF THEIR MENTAL OR PHYSICAL CONDITION
26 REQUIRE HEALTH-RELATED CARE AND SERVICES ABOVE THE LEVEL OF
27 [ROOM AND BOARD] PERSONAL CARE FACILITIES. INTERMEDIATE CARE
28 FACILITIES EXCLUSIVELY FOR THE MENTALLY RETARDED COMMONLY CALLED
29 ICF/MR SHALL NOT BE CONSIDERED INTERMEDIATE CARE FACILITIES FOR
30 THE PURPOSE OF THIS ACT AND SHALL BE LICENSED BY THE DEPARTMENT
19850S0377B2499 - 7 -
1 OF PUBLIC WELFARE.
2 "PERSONAL CARE FACILITY." ANY PREMISES IN WHICH FOOD AND
3 SHELTER ARE PROVIDED FOR A PERIOD EXCEEDING 24 CONSECUTIVE HOURS
4 FOR MORE THAN THREE ADULTS WHO ARE NOT RELATIVES OF THE OPERATOR
5 AND WHO DO NOT REQUIRE CONTINUOUS NURSING CARE BUT DO REQUIRE
6 PERSONAL CARE SERVICES, INCLUDING ASSISTANCE OR SUPERVISION IN
7 MATTERS SUCH AS DRESSING, BATHING, DIET OR MEDICATION PRESCRIBED
8 FOR SELF-ADMINISTRATION ASSISTANCE WITH TASKS OF DAILY LIVING,
9 OBTAINING MEDICAL OR OTHER HEALTH CARE OR SOCIAL SERVICES. THE
10 DEPARTMENT FOR THE PURPOSE OF DETERMINING WHETHER ON A PREMISES
11 IS A PERSONAL CARE FACILITY, SHALL HAVE THE AUTHORITY TO
12 DETERMINE IF A PERSON REQUIRES PERSONAL CARE SERVICES.
13 "PERSONAL CARE FACILITY ADMINISTRATOR." ANY INDIVIDUAL WHO
14 IS CHARGED WITH THE GENERAL ADMINISTRATION OF A PERSONAL CARE
15 FACILITY, WHETHER OR NOT SUCH INDIVIDUAL HAS AN OWNERSHIP
16 INTEREST IN SUCH FACILITY AND WHETHER OR NOT HIS FUNCTIONS AND
17 DUTIES ARE SHARED WITH ONE OR MORE INDIVIDUALS.
18 * * *
19 SECTION 8. SECTION 803 OF THE ACT, ADDED JULY 12, 1980
20 (P.L.655, NO.136), IS AMENDED TO READ:
21 SECTION 803. POWERS OF THE DEPARTMENT OF HEALTH.
22 THE DEPARTMENT OF HEALTH SHALL HAVE THE POWER AND ITS DUTY
23 SHALL BE:
24 (1) TO PROMULGATE, AFTER CONSULTATION WITH THE POLICY
25 BOARD OR THE PERSONAL CARE FACILITY ADVISORY COUNCIL, THE
26 RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PURPOSES AND
27 PROVISIONS OF THIS CHAPTER; AND
28 (2) TO ASSURE THAT THE PROVISIONS OF THIS CHAPTER AND
29 ALL RULES AND REGULATIONS PROMULGATED UNDER THIS CHAPTER ARE
30 ENFORCED.
19850S0377B2499 - 8 -
1 SECTION 9. SECTION 806 OF THE ACT IS AMENDED BY ADDING
2 SUBSECTIONS TO READ:
3 SECTION 806. LICENSURE.
4 * * *
5 (D.1) PERSONAL CARE FACILITY REGULATIONS.--IN DEVELOPING
6 RULES AND REGULATIONS FOR LICENSURE OF PERSONAL CARE FACILITIES,
7 THE DEPARTMENT SHALL TAKE INTO CONSIDERATION THE RECOMMENDATIONS
8 OF THE PERSONAL CARE FACILITY ADVISORY COUNCIL AND SHALL
9 ESTABLISH STANDARDS FOR THE MENTAL MOBILITY OF RESIDENTS AND FOR
10 DETERMINING WHETHER A PREMISES IS A PERSONAL CARE FACILITY.
11 (D.2) APPOINTMENT OF ADMINISTRATORS.--AFTER JANUARY 1, 1989,
12 REQUIRE THAT ALL PERSONAL CARE FACILITIES IDENTIFY AND APPOINT A
13 PERSONAL CARE FACILITY ADMINISTRATOR THAT MEETS THE
14 QUALIFICATION PROVIDED IN SECTION 806.2.
15 * * *
16 SECTION 10. SECTION 806.1 OF THE ACT, ADDED JULY 10, 1985
17 (P.L.191, NO.48), IS AMENDED TO READ:
18 SECTION 806.1. REPORTING INCIDENTS OF PROFESSIONAL MISCONDUCT.
19 (A) REPORTS REQUIRED.--HEALTH CARE FACILITIES AND HOSPITALS,
20 LICENSED UNDER THIS ACT, SHALL MAKE A REPORT OR CAUSE A REPORT
21 TO BE MADE TO THE STATE BOARD OF [MEDICAL EDUCATION AND
22 LICENSURE OR] MEDICINE, THE STATE BOARD OF OSTEOPATHIC
23 [EXAMINERS,] MEDICINE, THE STATE BOARD OF DENTISTRY, THE STATE
24 BOARD OF PODIATRY, THE STATE BOARD OF PHARMACY, THE STATE BOARD
25 OF NURSING, THE STATE BOARD OF PHYSICAL THERAPY, THE STATE BOARD
26 OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE, THE STATE BOARD
27 OF OPTOMETRY, THE STATE BOARD OF EXAMINERS OF NURSING HOME
28 ADMINISTRATORS, THE STATE BOARD OF CHIROPRACTIC EXAMINERS, THE
29 STATE BOARD OF PSYCHOLOGY OR THE STATE BOARD OF EXAMINERS IN
30 SPEECH-LANGUAGE AND HEARING, WHICHEVER IS APPLICABLE, WITHIN 60
19850S0377B2499 - 9 -
1 DAYS OF THE OCCURRENCE OF ANY OF THE FOLLOWING:
2 (1) THE TERMINATION OR CURTAILMENT OF THE EMPLOYMENT,
3 ASSOCIATION OR PROFESSIONAL PRIVILEGES OF [A] ANY OF THE
4 FOLLOWING PERSONS WITH A HEALTH CARE FACILITY OR HOSPITAL
5 WHERE THERE EXISTS REASONABLE CAUSE TO BELIEVE MALPRACTICE OR
6 MISCONDUCT HAS OCCURRED.
7 (I) A PHYSICIAN, LICENSED UNDER THE PROVISIONS OF
8 [THE ACT OF JULY 20, 1974 (P.L.551, NO.190), KNOWN AS THE
9 "MEDICAL PRACTICE ACT OF 1974,"] THE ACT OF DECEMBER 20,
10 1985 (P.L.457, NO.112), KNOWN AS THE "MEDICAL PRACTICE
11 ACT OF 1985" OR THE ACT OF OCTOBER 5, 1978 (P.L.1109,
12 NO.261), KNOWN AS THE "OSTEOPATHIC MEDICAL PRACTICE ACT,"
13 WHICHEVER THE CASE MAY BE[, WITH A HEALTH CARE FACILITY
14 OR HOSPITAL WHERE THERE EXISTS REASONABLE CAUSE TO
15 BELIEVE MALPRACTICE OR MISCONDUCT HAS OCCURRED].
16 (II) A DENTIST, LICENSED UNDER THE PROVISIONS OF THE
17 ACT OF MAY 1, 1933 (P.L.216, NO.76), KNOWN AS "THE DENTAL
18 LAW."
19 (III) A PODIATRIST, LICENSED UNDER THE PROVISIONS OF
20 THE ACT OF MARCH 2, 1956 (1955 P.L.1206, NO.375), KNOWN
21 AS THE "PODIATRY ACT OF 1956."
22 (IV) A PHARMACIST, LICENSED UNDER THE PROVISIONS OF
23 THE ACT OF SEPTEMBER 27, 1961 (P.L.1700, NO.699), KNOWN
24 AS THE "PHARMACY ACT."
25 (V) A REGISTERED NURSE, LICENSED UNDER THE
26 PROVISIONS OF THE ACT OF MAY 22, 1951 (P.L.317, NO.69),
27 KNOWN AS "THE PROFESSIONAL NURSING LAW."
28 (VI) A PRACTICAL NURSE, LICENSED UNDER THE
29 PROVISIONS OF THE ACT OF MARCH 2, 1956 (1955 P.L.1211,
30 NO.376), KNOWN AS THE "PRACTICAL NURSE LAW."
19850S0377B2499 - 10 -
1 (VII) A PHYSICAL THERAPIST, LICENSED UNDER THE
2 PROVISIONS OF THE ACT OF OCTOBER 10, 1975 (P.L.383,
3 NO.110), KNOWN AS THE "PHYSICAL THERAPY PRACTICE ACT."
4 (VIII) AN OCCUPATIONAL THERAPIST, LICENSED UNDER THE
5 PROVISIONS OF THE ACT OF JUNE 15, 1982 (P.L.502, NO.140),
6 KNOWN AS THE "OCCUPATIONAL THERAPY PRACTICE ACT."
7 (IX) AN OPTOMETRIST, LICENSED UNDER THE PROVISIONS
8 OF THE ACT OF JUNE 6, 1980 (P.L.197, NO.57), KNOWN AS THE
9 "OPTOMETRIC PRACTICE AND LICENSURE ACT."
10 (X) A NURSING HOME ADMINISTRATOR, LICENSED UNDER THE
11 PROVISIONS OF THE ACT OF JUNE 22, 1970 (P.L.378, NO.122),
12 KNOWN AS THE "NURSING HOME ADMINISTRATORS LICENSE ACT."
13 (XI) A CHIROPRACTOR, LICENSED UNDER THE PROVISIONS
14 OF THE ACT OF AUGUST 10, 1951 (P.L.1182, NO.264), KNOWN
15 AS THE "CHIROPRACTIC REGISTRATION ACT OF 1951."
16 (XII) A PSYCHOLOGIST, LICENSED UNDER THE PROVISIONS
17 OF THE ACT OF MARCH 23, 1972 (P.L.136, NO.52), REFERRED
18 TO AS THE PSYCHOLOGISTS LICENSE ACT.
19 (XIII) A SPEECH PATHOLOGIST, AN AUDIOLOGIST OR A
20 TEACHER OF THE HEARING IMPAIRED, LICENSED UNDER THE
21 PROVISIONS OF THE ACT OF DECEMBER 21, 1984 (P.L.1253,
22 NO.238), KNOWN AS THE "SPEECH-LANGUAGE AND HEARING
23 LICENSURE ACT."
24 (2) THE RESIGNATION OR WITHDRAWAL OF ASSOCIATION OR OF
25 PRIVILEGES WITH A FACILITY OR HOSPITAL TO AVOID THE
26 IMPOSITION OF DISCIPLINARY MEASURES.
27 (3) THE RECEIPT OF WRITTEN INFORMATION WHICH ESTABLISHES
28 THAT ANY [PHYSICIAN] PERSON LICENSED UNDER THE ACTS REFERRED
29 TO IN PARAGRAPH (1) WHO HAS A RIGHT TO PRACTICE OR WHO HAS
30 APPLIED TO PRACTICE AT THE HEALTH CARE FACILITY OR HOSPITAL
19850S0377B2499 - 11 -
1 HAS BEEN CONVICTED OF A FELONY.
2 (B) CONTENTS.--REPORTS MADE PURSUANT TO THIS SECTION SHALL
3 BE MADE IN WRITING TO THE [STATE BOARD OF MEDICAL EDUCATION AND
4 LICENSURE OR THE STATE BOARD OF OSTEOPATHIC EXAMINERS, WHICHEVER
5 IS APPROPRIATE, WITH RESPECT TO ANY PHYSICIAN AS] APPROPRIATE
6 BOARD WITH RESPECT TO ANY PERSON LICENSED UNDER ACTS REFERRED TO
7 IN SUBSECTION (A). WRITTEN REPORTS SHALL INCLUDE THE FOLLOWING
8 INFORMATION: NAME, ADDRESS, PROFESSION AND LICENSE NUMBER OF THE
9 PERSON INVOLVED, A DESCRIPTION OF THE ACTION TAKEN BY THE
10 FACILITY OR HOSPITAL, INCLUDING THE REASON THEREFOR AND DATE
11 THEREOF, OR THE NATURE OF THE ACTION OR CONDUCT WHICH LED TO THE
12 RESIGNATION OR WITHDRAWAL AND THE DATE THEREOF, ANY CONVICTION
13 OF A FELONY OF WHICH THE FACILITY OR HOSPITAL HAS RECEIVED THE
14 WRITTEN INFORMATION REQUIRED BY SUBSECTION (A)(3) AND SUCH OTHER
15 INFORMATION AS THE DEPARTMENT OF STATE MAY REQUIRE.
16 (C) CONFIDENTIALITY.--
17 (1) ANY REPORT OR INFORMATION FURNISHED TO THE BOARDS IN
18 QUESTION, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,
19 SHALL BE DEEMED A CONFIDENTIAL COMMUNICATION AND SHALL NOT BE
20 SUBJECT TO INSPECTION OR DISCLOSURE, IN ANY MANNER, EXCEPT
21 UPON FORMAL WRITTEN REQUEST BY A DULY AUTHORIZED PUBLIC
22 AGENCY OR PURSUANT TO A JUDICIAL SUBPOENA ISSUED IN A PENDING
23 ACTION OR PROCEEDING.
24 (2) ANY PERSON, FACILITY OR CORPORATION WHICH MAKES A
25 REPORT PURSUANT TO THIS SECTION IN GOOD FAITH AND WITHOUT
26 MALICE SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR
27 CRIMINAL, FOR HAVING MADE SUCH A REPORT. FOR THE PURPOSE OF
28 ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD FAITH OF ANY
29 PERSON REQUIRED TO MAKE A REPORT SHALL BE PRESUMED.
30 SECTION 11. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
19850S0377B2499 - 12 -
1 SECTION 806.2. PERSONAL CARE FACILITY ADMINISTRATOR.
2 (A) QUALIFICATIONS.--A PERSONAL CARE FACILITY ADMINISTRATOR
3 SHALL:
4 (1) BE AT LEAST 21 YEARS OF AGE, HAVE A HIGH SCHOOL
5 DIPLOMA OR A GENERAL EDUCATIONAL DEVELOPMENT DIPLOMA AND BE
6 OF GOOD MORAL CHARACTER. PROVIDED THAT AN ADMINISTRATOR OF A
7 LICENSED PERSONAL CARE FACILITY ON THE EFFECTIVE DATE OF THIS
8 ACT SHALL BE EXEMPT FROM THE PROVISION THAT REQUIRES
9 ADMINISTRATOR TO HAVE A HIGH SCHOOL DIPLOMA OR GENERAL
10 EDUCATIONAL DEVELOPMENT DIPLOMA.
11 (2) HAVE KNOWLEDGE, EDUCATION AND TRAINING IN:
12 (I) FIRE PREVENTION AND EMERGENCY PLANNING.
13 (II) FIRST AID, ADMINISTRATION OR MEDICATIONS,
14 MEDICAL TERMINOLOGY AND PERSONAL HYGIENE.
15 (III) NUTRITION.
16 (IV) RECREATION.
17 (V) MENTAL ILLNESS AND GERONTOLOGY.
18 (VI) COMMUNITY RESOURCES AND SOCIAL SERVICES.
19 (VII) STAFF SUPERVISION AND TRAINING.
20 (B) STANDARDS OF THE DEPARTMENT.--BY JANUARY 1988, THE
21 DEPARTMENT SHALL DEVELOP SUCH STANDARDS FOR KNOWLEDGE, EDUCATION
22 OR TRAINING TO MEET THE STANDARDS OF THIS SECTION.
23 (C) EDUCATION AND TRAINING.--IF NOT OTHERWISE AVAILABLE, THE
24 DEPARTMENT SHALL SCHEDULE AND OFFER AT COST, TRAINING AND
25 EDUCATIONAL PROGRAMS FOR A PERSON TO MEET THE KNOWLEDGE,
26 EDUCATIONAL AND TRAINING REQUIREMENTS ESTABLISHED BY THIS ACT.
27 SECTION 12. SECTIONS 808(A), 816 AND 817 OF THE ACT, ADDED
28 JULY 12, 1980 (P.L.655, NO.136), ARE AMENDED TO READ:
29 SECTION 808. ISSUANCE OF LICENSE.
30 (A) STANDARDS.--THE DEPARTMENT SHALL ISSUE A LICENSE TO A
19850S0377B2499 - 13 -
1 HEALTH CARE PROVIDER WHEN IT IS SATISFIED THAT THE FOLLOWING
2 STANDARDS HAVE BEEN MET:
3 (1) THAT THE HEALTH CARE PROVIDER IS A RESPONSIBLE
4 PERSON AND FOR PERSONAL CARE FACILITIES THE ADMINISTRATOR
5 MEETS THE KNOWLEDGE, EDUCATION AND TRAINING REQUIREMENTS
6 ESTABLISHED IN SECTION 806.2;
7 (2) THAT THE PLACE TO BE USED AS A HEALTH CARE FACILITY
8 IS ADEQUATELY CONSTRUCTED, EQUIPPED, MAINTAINED AND OPERATED
9 TO SAFELY AND EFFICIENTLY RENDER THE SERVICES OFFERED;
10 (3) THAT THE HEALTH CARE FACILITY PROVIDES SAFE AND
11 EFFICIENT SERVICES WHICH ARE ADEQUATE FOR THE CARE, TREATMENT
12 AND COMFORT OF THE PATIENTS OR RESIDENTS OF SUCH FACILITY;
13 (4) THAT THERE IS SUBSTANTIAL COMPLIANCE WITH THE RULES
14 AND REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT TO THIS
15 ACT; AND
16 (5) THAT A CERTIFICATE OF NEED HAS BEEN ISSUED IF ONE IS
17 NECESSARY.
18 * * *
19 SECTION 816. ACTIONS AGAINST UNLICENSED HEALTH CARE PROVIDERS.
20 (A) ACTIONS IN EQUITY.--WHENEVER A LICENSE IS REQUIRED BY
21 THIS CHAPTER TO MAINTAIN OR OPERATE A HEALTH CARE FACILITY, THE
22 DEPARTMENT MAY MAINTAIN AN ACTION IN THE NAME OF THE
23 COMMONWEALTH FOR AN INJUNCTION OR OTHER PROCESS RESTRAINING OR
24 PROHIBITING ANY PERSON FROM ESTABLISHING, CONDUCTING OR
25 OPERATING ANY UNLICENSED HEALTH CARE FACILITY.
26 (B) PERMANENT INJUNCTION.--SHOULD A PERSON WHO IS REFUSED A
27 LICENSE OR THE RENEWAL OF A LICENSE TO OPERATE OR CONDUCT A
28 HEALTH CARE FACILITY, OR WHOSE LICENSE TO OPERATE OR CONDUCT A
29 HEALTH CARE FACILITY IS SUSPENDED OR REVOKED, FAIL TO APPEAL, OR
30 SHOULD SUCH APPEAL BE DECIDED FINALLY FAVORABLE TO THE
19850S0377B2499 - 14 -
1 DEPARTMENT, THEN THE COURT SHALL ISSUE A PERMANENT INJUNCTION
2 UPON PROOF THAT THE PERSON IS OPERATING OR CONDUCTING A HEALTH
3 CARE FACILITY WITHOUT A LICENSE AS REQUIRED BY THIS CHAPTER.
4 (C) RELOCATION OF RESIDENTS OF PERSONAL CARE FACILITIES.--
5 (1) UNLESS OTHERWISE ORDERED BY THE COURT PURSUANT TO
6 SECTION 818, WHENEVER THE DEPARTMENT SEEKS AN INJUNCTION OR
7 OTHER PROCESS RESTRAINING OR PROHIBITING ANY PERSON FROM
8 OPERATING A PERSONAL CARE FACILITY, THE DEPARTMENT SHALL, IN
9 COOPERATION WITH LOCAL AUTHORITIES, RELOCATE RESIDENTS FROM A
10 PERSONAL CARE FACILITY.
11 (2) THE DEPARTMENT SHALL OFFER RELOCATION ASSISTANCE TO
12 RESIDENTS RELOCATED UNDER THIS SECTION. EXCEPT IN AN
13 EMERGENCY, A RESIDENT SHALL BE INVOLVED IN PLANNING HIS
14 TRANSFER TO ANOTHER PLACEMENT AND SHALL HAVE THE RIGHT TO
15 CHOOSE AMONG THE AVAILABLE ALTERNATIVE PLACEMENTS. THE
16 DEPARTMENT MAY MAKE TEMPORARY PLACEMENT UNTIL FINAL PLACEMENT
17 CAN BE ARRANGED. RESIDENTS SHALL BE PROVIDED WITH AN
18 OPPORTUNITY TO VISIT ALTERNATIVE PLACEMENT BEFORE RELOCATION
19 OR FOLLOWING TEMPORARY EMERGENCY RELOCATION. RESIDENTS SHALL
20 CHOOSE THEIR FINAL PLACEMENT AND SHALL BE GIVEN ASSISTANCE IN
21 TRANSFERRING TO SUCH PLACE.
22 SECTION 817. ACTIONS AGAINST VIOLATIONS OF LAW, RULES AND
23 REGULATIONS.
24 (A) ACTIONS BROUGHT BY DEPARTMENT.--WHENEVER ANY PERSON,
25 REGARDLESS OF WHETHER SUCH PERSON IS A LICENSEE, HAS VIOLATED
26 ANY OF THE PROVISIONS OF THIS CHAPTER OR THE REGULATIONS ISSUED
27 PURSUANT THERETO, THE DEPARTMENT MAY MAINTAIN AN ACTION IN THE
28 NAME OF THE COMMONWEALTH FOR AN INJUNCTION OR OTHER PROCESS
29 RESTRAINING OR PROHIBITING SUCH PERSON FROM ENGAGING IN SUCH
30 ACTIVITY.
19850S0377B2499 - 15 -
1 (B) CIVIL PENALTY.--ANY PERSON, REGARDLESS OF WHETHER SUCH
2 PERSON IS A LICENSEE, WHO HAS COMMITTED A VIOLATION OF ANY OF
3 THE PROVISIONS OF THIS CHAPTER OR OF ANY RULE OR REGULATION
4 ISSUED PURSUANT THERETO, INCLUDING FAILURE TO CORRECT A SERIOUS
5 LICENSURE VIOLATION (AS DEFINED BY REGULATION) WITHIN THE TIME
6 SPECIFIED IN A DEFICIENCY CITATION, MAY BE ASSESSED A CIVIL
7 PENALTY BY AN ORDER OF THE DEPARTMENT OF UP TO $100 FOR EACH DAY
8 THAT SUCH VIOLATION CONTINUES.
9 (C) PENALTIES FOR PERSONAL CARE FACILITIES OPERATING WITHOUT
10 A LICENSE.--IN ADDITION TO ANY OTHER PENALTIES, ANY PERSONAL
11 CARE FACILITY WHO IS FOUND TO BE OPERATING WITHOUT A LICENSE
12 SHALL BE ASSESSED A PENALTY OF $500.
13 SECTION 13. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
14 SECTION 821. REGULATIONS AND LICENSES RELATING TO PERSONAL
15 CARE FACILITIES.
16 (A) CONTINUATION OF RULES AND REGULATIONS.--EXISTING RULES
17 AND REGULATIONS APPLICABLE TO PERSONAL CARE FACILITIES NOT
18 CLEARLY INCONSISTENT WITH THE PROVISIONS OF THIS CHAPTER, SHALL
19 REMAIN IN EFFECT UNTIL REPLACED, REVISED OR AMENDED. IN
20 DEVELOPING REGULATIONS, THE DEPARTMENT SHALL GIVE PRIORITY TO
21 DEVELOPING MINIMUM STANDARDS FOR PERSONAL CARE FACILITIES.
22 (B) EXPIRATION OF LICENSES.--ALL PERSONAL CARE FACILITIES
23 LICENSED, APPROVED OR CERTIFIED BY THE DEPARTMENT OF PUBLIC
24 WELFARE ON JULY 1, 1987, SHALL BE LICENSED FOR THE PERIOD
25 REMAINING ON THE LICENSE, CERTIFICATION OR APPROVAL. AT THE
26 EXPIRATION OF THE EXISTING LICENSE CERTIFICATION OR APPROVAL,
27 THE HEALTH CARE FACILITY SHALL BE SUBJECT TO LICENSURE PURSUANT
28 TO THIS CHAPTER.
29 SECTION 822. PET THERAPY PROGRAMS.
30 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, RULE OR
19850S0377B2499 - 16 -
1 REGULATION TO THE CONTRARY, AND SUBJECT TO THE APPROVAL OF THE
2 SECRETARY, EVERY HEALTH CARE FACILITY MAY, AT THE DISCRETION OF
3 THE HEALTH CARE PROVIDER, BOARD DOMESTICATED PETS IN THE
4 FACILITY WHERE THE BOARDING WOULD, IN THE DETERMINATION OF THE
5 SECRETARY AND THE HEALTH CARE PROVIDER, TEND TO PROMOTE THE
6 GENERAL WELL-BEING OF THE RESIDENTS OF THE FACILITY. THE
7 SECRETARY SHALL ADOPT RULES AND REGULATIONS NECESSARY TO
8 IMPLEMENT THE PROVISIONS OF THIS ACT.
9 SECTION 14. THE SUM OF $3,500,000, OR AS MUCH THEREOF AS MAY
10 BE NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF PUBLIC
11 WELFARE FOR THE FISCAL YEAR 1986-1987 FOR INCREASES IN THE STATE
12 SUPPLEMENTAL ASSISTANCE FOR QUALIFIED INDIVIDUALS RESIDING IN
13 LICENSED PERSONAL CARE FACILITIES.
14 SECTION 15. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR
15 AS THEY ARE INCONSISTENT WITH THIS ACT.
16 SECTION 16. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
17 (1) SECTION 14 OF THIS ACT SHALL TAKE EFFECT JANUARY 1,
18 1987.
19 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JULY 1,
20 1987.
A21L35CHF/19850S0377B2499 - 17 -