SENATE AMENDED
PRIOR PRINTER'S NOS. 535, 2027 PRINTER'S NO. 4032
No. 497 Session of 2001
INTRODUCED BY GODSHALL, ADOLPH, ALLEN, M. BAKER, BARD, BARRAR,
BELARDI, BENNINGHOFF, BUNT, BUXTON, CLYMER, L. I. COHEN,
CORNELL, DALLY, DeLUCA, FRANKEL, HARHART, HARPER, HASAY,
HERMAN, HESS, KENNEY, LAUGHLIN, LEDERER, LEH, MAITLAND,
MARKOSEK, MARSICO, MAYERNIK, McCALL, McGILL, McNAUGHTON,
MELIO, S. MILLER, MUNDY, NAILOR, PETRONE, PHILLIPS, PIPPY,
PISTELLA, READSHAW, ROBINSON, RUBLEY, SOLOBAY, STABACK,
STERN, STRITTMATTER, SURRA, E. Z. TAYLOR, TRAVAGLIO, TRELLO,
WANSACZ, WILT, WOJNAROSKI, M. WRIGHT, YOUNGBLOOD, METCALFE,
RAYMOND, DAILEY, CIVERA AND T. STEVENSON, FEBRUARY 6, 2001
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 17, 2002
AN ACT
1 Amending the act of May 22, 1951 (P.L.317, No.69), entitled, as
2 amended, "An act relating to the practice of professional
3 nursing; providing for the licensing of nurses and for the
4 revocation and suspension of such licenses, subject to
5 appeal, and for their reinstatement; providing for the
6 renewal of such licenses; regulating nursing in general;
7 prescribing penalties and repealing certain laws," regulating
8 the practice and licensure of dietetics and nutrition;
9 further providing for penalties; and making an appropriation.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2 of the act of May 22, 1951 (P.L.317,
13 No.69), known as The Professional Nursing Law, is amended by
14 adding clauses to read:
15 Section 2. Definitions.--When used in this act, the
16 following words and phrases shall have the following meanings
1 unless the context provides otherwise:
2 * * *
3 (7) The "Practice of dietetics-nutrition" means the
4 integration and application of principles derived from the
5 sciences of food nutrition, biochemistry, physiology, management
6 and behavior to provide for all aspects of nutrition therapy for
7 individuals and groups, including nutrition therapy services and
8 medical nutrition therapy, compatible with dietitian-
9 nutritionist education and professional competence.
10 (8) "Department" means the Department of State of the
11 Commonwealth.
12 (9) "Licensed dietitian-nutritionist" means a dietitian-
13 nutritionist who holds a current license under this act.
14 (10) "Medical nutrition therapy" means the component of
15 nutrition therapy that concerns determining and recommending
16 nutrient needs based on nutritional assessment and medical
17 problems relative to diets prescribed by a licensed physician
18 including:
19 (i) tube feedings;
20 (ii) specialized intravenous solutions;
21 (iii) specialized oral solutions; and
22 (iv) interactions of prescription drugs with food or
23 nutrients.
24 (11) "Nutrition therapy services" means assessing the
25 nutritional needs of individuals and groups, considering the
26 resources and constraints in the practice setting, providing
27 nutrition counseling in health and disease, developing,
28 implementing and managing:
29 (i) nutrition therapy of; and
30 (ii) food service systems for
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1 individuals and groups and maintaining appropriate standards of
2 quality in food and nutrition therapy services for individuals
3 and groups.
4 Section 2. Sections 2.1 and 2.2 of the act, amended or added
5 December 20, 1985 (P.L.409, No.109), are amended to read:
6 Section 2.1. State Board of Nursing.--(a) The State Board
7 of Nursing shall consist of the Commissioner of Professional and
8 Occupational Affairs, [three] four members appointed by the <--
9 Governor, with the advice and consent of a majority of the
10 members elected to the Senate, who shall be persons representing
11 the public at large, and [seven] nine members appointed by the
12 Governor, with the advice and consent of a majority of the
13 members elected to the Senate, [five] SIX of whom shall be <--
14 registered nurses, graduated from schools of nursing where
15 practical and theoretical instruction is given, at least three
16 of whom shall possess Masters' degrees in nursing, [and] two of
17 whom shall be licensed practical nurses, and one of whom shall
18 be a licensed dietitian-nutritionist, and all of whom shall have
19 been engaged in nursing or the practice of dietetics-nutrition
20 in this Commonwealth for the five-year period immediately
21 preceding appointment. The dietitian-nutritionist member of the
22 board initially appointed need not be licensed by the licensure
23 examination adopted by the board but, at the time of
24 appointment, must have satisfied the education and experience
25 requirements of this act for licensure as a dietitian-
26 nutritionist. In making appointments to the Board, the Governor
27 shall give due consideration to providing representation from
28 diversified fields of nursing or dietetics-nutrition, including,
29 but not limited to, specialized nurses or dietitian-
30 nutritionists of all types. The persons representing the public
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1 at large may not have a financial interest in the provision of
2 goods and services for dietitian-nutritionists and may not be a
3 dietitian-nutritionist or have a household member who is a
4 dietitian-nutritionist.
5 (b) The terms of the members of the Board shall be six years
6 or until his or her successor has been appointed and qualified
7 but not longer than six months beyond the six-year period. In
8 the event that any of said members shall die or resign or
9 otherwise become disqualified during his or her term, his or her
10 successor shall be appointed in the same way and with the same
11 qualifications and shall hold office for the unexpired term. No
12 member shall be eligible for appointment to serve more than two
13 consecutive terms.
14 (c) A majority of the members of the Board serving in
15 accordance with law shall constitute a quorum. Except for
16 temporary and automatic suspensions under section 15.1 of this
17 act or section 17.1 of the act of March 2, 1956 (1955 P.L.1211,
18 No.376), known as the "Practical Nurse Law," a member may not be
19 counted as part of a quorum or vote on any issue, unless he or
20 she is physically in attendance at the meeting.
21 (d) The Board shall select annually a chairman from among
22 its members. The Board shall select an executive secretary who,
23 with the approval of the Commissioner of Professional and
24 Occupational Affairs, need not be a member of the Board.
25 (e) Each member of the Board, except the Commissioner of
26 Professional and Occupational Affairs, shall receive sixty
27 dollars ($60) per diem when actually attending to the work of
28 the Board. Members shall also receive the amount of reasonable
29 traveling, hotel and other necessary expenses incurred in the
30 performance of their duties in accordance with Commonwealth
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1 regulations.
2 (f) The Board is subject to evaluation, review and
3 termination within the time and in the manner provided in the
4 act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
5 Act."
6 (g) A member of the Board who fails to attend three
7 consecutive meetings shall forfeit his or her seat unless the
8 Commissioner of Professional and Occupational Affairs, upon
9 written request from the member, finds that the member should be
10 excused from a meeting because of illness or the death of a
11 family member.
12 (h) A public member who fails to attend two consecutive
13 statutorily mandated training seminars in accordance with
14 section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
15 known as "The Administrative Code of 1929," shall forfeit his or
16 her seat unless the Commissioner of Professional and
17 Occupational Affairs, upon written request from the public
18 member, finds that the public member should be excused from a
19 meeting because of illness or the death of a family member.
20 (i) The Board, with the approval of the Commissioner of
21 Professional and Occupational Affairs, shall also appoint and
22 fix the compensation of one or more State educational advisors
23 of schools of nursing and one or more State practice advisors,
24 who shall have the same qualifications as the nurse members of
25 the Board who hold Masters' degrees in nursing.
26 (j) The Board shall meet at least once every two months and
27 at such additional times as may be necessary to conduct the
28 business of the Board.
29 (k) The Board shall have the right and duty to establish
30 rules and regulations for the practice of professional nursing,
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1 the practice of dietetics-nutrition and the administration of
2 this act. Copies of such rules and regulations shall be
3 available for distribution to the public.
4 Section 2.2. Communication with Licensees.--The Board shall
5 communicate with licensees on issues affecting the education,
6 practice and regulation of nursing or dietetics-nutrition on at
7 least an annual basis.
8 Section 3. The act is amended by adding a section to read:
9 Section 3.1. Dietitian-Nutritionist License Required.--(A) <--
10 It shall be unlawful for any individual to hold himself or
11 herself forth as a licensed dietitian-nutritionist unless he or
12 she shall first have obtained a licensed pursuant to this act.
13 Only individuals who have received licenses as licensed
14 dietitian-nutritionists pursuant to this act may use the letters
15 "L.D.N." in connection with their names.
16 (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE OR <--
17 PRECLUDE THIRD-PARTY INSURANCE REIMBURSEMENT. NOTHING HEREIN
18 SHALL PRECLUDE AN INSURER OR OTHER THIRD-PARTY PAYOR FROM
19 REQUIRING THAT A LICENSED DIETITIAN-NUTRITIONIST OBTAIN A
20 REFERRAL FROM A LICENSED PHYSICIAN, DENTIST OR PODIATRIST OR
21 THAT A LICENSED DIETITIAN-NUTRITIONIST FILE AN EVALUATION AND
22 TREATMENT PLAN WITH THE INSURER OR THIRD-PARTY PAYOR, AS A
23 PRECONDITION OF REIMBURSEMENT.
24 Section 4. Section 5 of the act, amended or added December
25 20, 1985 (P.L.409, No.109) and December 15, 1986 (P.L.1607,
26 No.179), is amended to read:
27 Section 5. Examinations and Certificates.--(a) The Board
28 shall, once every year and at such other times and under such
29 conditions as shall be provided by its regulations, examine all
30 eligible applicants for licensure; and shall, subject to the
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1 provisions of section 6 of this act, issue a license to each
2 person passing said examination to the satisfaction of the
3 Board.
4 (b) The Board may admit to examination any person who has
5 satisfactorily completed an approved nursing education program
6 for the preparation of registered professional nurses or an
7 approved dietetics-nutrition education program in Pennsylvania
8 or such a program in any other state, territory or possession of
9 the United States, considered by the Board to be equivalent to
10 that required in this Commonwealth at the time such program was
11 completed, and who meets the requirements of character and
12 preliminary education.
13 (c) The Board may admit to examination any person who has
14 satisfactorily completed a nursing education program for the
15 preparation of registered professional nurses or an approved
16 dietetics-nutrition education program in a country or territory
17 not mentioned above who has been licensed, registered, or duly
18 recognized there as a professional nurse, dietitian-
19 nutritionist, dietitian or nutritionist provided such a program
20 is considered by the Board to be equal to that required in this
21 Commonwealth at the time such program was completed and who
22 meets the requirements of character and preliminary education.
23 (d) In establishing the education requirements for
24 admittance to the nursing licensure examination under this
25 section, the Board shall not deny access to the examination for
26 licensure as a registered nurse to a graduate of a State-
27 approved associate degree, diploma or baccalaureate degree
28 nursing program.
29 (e) A person who meets the requirements of section 6, and
30 who, in addition, has been engaged in the practice of dietetics-
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1 nutrition for a period of five (5) years during the seven (7)
2 years immediately preceding the effective date of this
3 subsection, or a person who provides evidence of current
4 registration as a Registered Dietitian-Nutritionist by the
5 Commission of Dietetic Registration of the American Dietetic
6 Association, shall be considered to meet the requirements of
7 this act. This person shall be licensed without the necessity of
8 taking the examination if an application is made to the Board
9 within one (1) year of the effective date of this subsection and
10 the appropriate fee is paid.
11 Section 5. Section 6 of the act, amended December 15, 1986
12 (P.L.1607, No.179), is amended to read:
13 Section 6. Fees; Qualifications for Licensure.--(a) No
14 application for licensure as a registered nurse shall be
15 considered unless accompanied by a fee determined by the Board
16 by regulation. Every applicant, to be eligible for examination
17 for licensure as a registered nurse, shall furnish evidence
18 satisfactory to the Board that he or she is of good moral
19 character, has completed work equal to a standard high school
20 course as evaluated by the Board and has satisfactorily
21 completed an approved program of professional nursing. Approved
22 programs shall include baccalaureate degree, associate degree
23 [and], diploma nursing programs and programs in transition from
24 approved diploma to degree granting programs when all other
25 requirements of the Board have been met.
26 (b) An applicant applying for licensure as a dietitian-
27 nutritionist shall submit a written application on forms
28 provided by the Board evidencing and insuring to the
29 satisfaction of the Board that the applicant:
30 (1) Is of good moral character.
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1 (2) Has received a baccalaureate or higher degree from a
2 Board-approved, regionally accredited college or university,
3 including a major course of study in human nutrition, food and
4 nutrition, dietetics or food systems management.
5 (3) Has completed a planned continuous preprofessional
6 experience component in dietetic practice of not less than nine
7 hundred (900) hours under the supervision of a registered
8 dietitian, a dietitian-nutritionist licensed under this act or
9 an individual with a doctoral degree conferred by a regionally
10 accredited college or university in the United States with a
11 major course of study in human nutrition, food and nutrition,
12 nutrition education, dietetics or food systems management as
13 approved by the Board.
14 (4) Has satisfactorily completed an examination approved by
15 the Board. The Board shall contract with a professional testing
16 organization for the examination of qualified applicants for
17 licensure. All written, oral and practical examinations shall be
18 prepared and administered by a qualified and approved
19 professional testing organization in the manner prescribed for
20 written examinations by section 812.1 of the act of April 9,
21 1929 (P.L.177, No.175), known as "The Administrative Code of
22 1929."
23 (c) The Board shall not issue a license or certificate to an
24 applicant who has been convicted of a felonious act prohibited
25 by the act of April 14, 1972 (P.L.233, No.64), known as "The
26 Controlled Substance, Drug, Device and Cosmetic Act," or
27 convicted of a felony relating to a controlled substance in a
28 court of law of the United States or any other state, territory
29 or country unless:
30 (1) at least ten (10) years have elapsed from the date of
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1 conviction;
2 (2) the applicant satisfactorily demonstrates to the Board
3 that he has made significant progress in personal rehabilitation
4 since the conviction such that licensure of the applicant should
5 not be expected to create a substantial risk of harm to the
6 health and safety of patients or the public or a substantial
7 risk of further criminal violations; and
8 (3) the applicant otherwise satisfies the qualifications
9 contained in or authorized by this act.
10 As used in this subsection the term "convicted" shall include a
11 judgment, an admission of guilt or a plea of nolo contendere. An
12 applicant's statement on the application declaring the absence
13 of a conviction shall be deemed satisfactory evidence of the
14 absence of a conviction, unless the Board has some evidence to
15 the contrary.
16 Section 6. Sections 7, 8, 11, 11.1 and 13 of the act,
17 amended or added December 20, 1985 (P.L.409, No.109), are
18 amended to read:
19 Section 7. Graduates of Schools of Other States, Territories
20 or Dominion of Canada.--(a) The Board may issue a license
21 without examination to a graduate of a school of nursing or a
22 dietetics-nutrition program who has completed a course of study
23 in nursing or dietetics-nutrition considered by the Board to be
24 equivalent to that required in this State at the time such
25 course was completed, and who is registered or licensed by
26 examination in any other state, or territory of the United
27 States or the Dominion of Canada, and who has met all the
28 foregoing requirements as to character, and preliminary
29 education.
30 (b) The Board may issue a certification to registered nurse
20010H0497B4032 - 10 -
1 practitioners who have completed a course of study considered by
2 the Board to be equivalent to that required in this State at the
3 time such course was completed or who is licensed or certified
4 by another state, territory or possession of the United States
5 or a foreign country as deemed equivalent to Pennsylvania's
6 certification requirements in accordance with the joint rules
7 and regulations of the Boards of Nursing and Medicine.
8 Section 8. Persons Entitled to Practice.--(a) The Board
9 shall issue to each person who meets the professional nursing
10 licensure requirements of this act, a certificate setting forth
11 that such person is licensed to engage in the practice of
12 professional nursing and entitled to use the title "registered
13 nurse" and the letters "R.N."
14 (b) The Board shall issue to each person who meets the
15 dietitian-nutritionist licensure requirements of this act a
16 certificate setting forth that such person is licensed as a
17 dietitian-nutritionist and entitled to use the title "licensed
18 dietitian-nutritionist" and the letters "L.D.N." A record of all
19 persons licensed as dietitian-nutritionists in this Commonwealth
20 shall be kept in the office of the Board and shall be open to
21 public inspection and copying upon payment of a nominal fee for
22 copying the record.
23 Section 11. Licenses; Duration; Renewal Fee; Inactive
24 Status.--(a) Licenses issued pursuant to this act shall expire
25 on the thirty-first day of October of each biennium, or on such
26 other biennial expiration date as may be established by
27 regulation of the Board. Application for renewal of a license
28 shall biennially be forwarded to each registrant holding a
29 current license prior to the expiration date of the current
30 renewal biennium. The application form may be completed and
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1 returned to the Board, accompanied by the required fee as
2 determined by the Board by regulation; upon approval of each
3 application, the applicant shall receive a renewal of license.
4 (b) Any registrant licensed under this act may request an
5 application for inactive status. The application form may be
6 completed and returned to the Board. Upon receipt of each
7 application, the applicant shall be maintained on inactive
8 status without fee and shall be entitled to apply at any time.
9 Any person who requests an active status license who has been on
10 inactive status for a period of five (5) consecutive years shall
11 prior to receiving an active license satisfy the requirements of
12 the Board's regulations for ensuring continued competence and
13 remit the required fee. A person shall not be denied active
14 status as a result of any increased educational requirements for
15 licensure since the time he or she received his or her original
16 license.
17 (c) A dietetics-nutrition license issued under this act
18 shall not be renewed unless the licensee applying for renewal
19 submits proof to the Board that, during the two (2) calendar
20 years immediately preceding the application for renewal, the
21 licensee has satisfactorily completed a minimum of thirty (30)
22 hours of continuing dietetic-nutrition education approved by the
23 Board by regulation.
24 Section 11.1. Reporting of Multiple Licensure.--Any licensed
25 professional nurse or dietitian-nutritionist of this
26 Commonwealth who is also licensed to practice nursing or
27 dietetics-nutrition in any other state, territory, possession or
28 country shall report this information to the Board on the
29 biennial registration application. Any disciplinary action taken
30 in other states shall be reported to the Board on the biennial
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1 registration application or within ninety (90) days of final
2 disposition, whichever is sooner. Multiple licensure shall be
3 noted by the Board on the [nurse's] licensee's record, and such
4 state, territory, possession or country shall be notified by the
5 Board of any disciplinary actions taken against said [nurse]
6 licensee in this Commonwealth.
7 Section 13. Punishment for Violations.--(a) Any person, or
8 the responsible officers or employees of any corporation,
9 copartnership, institution or association violating any of the
10 provisions of this act, or any rule or regulation of the Board,
11 commits a misdemeanor and, upon conviction thereof, shall be
12 sentenced to pay a fine of not more than one thousand dollars
13 ($1,000), or undergo imprisonment for not more than six (6)
14 months for the first violation. On the second and each
15 subsequent conviction, he shall be sentenced to pay a fine of
16 not more than two thousand dollars ($2,000), or undergo
17 imprisonment for not less than six (6) months or more than one
18 (1) year in jail, or both.
19 (b) In addition to any other civil remedy or criminal
20 penalty provided for in this act, the Board, by a vote of the
21 majority of the maximum number of the authorized membership of
22 the Board as provided by law or by a vote of the majority of the
23 duly qualified and confirmed membership or a minimum of five (5)
24 members, whichever is greater, may levy a civil penalty of up to
25 one thousand dollars ($1,000) on any current licensee who
26 violates any provision of this act or on any person who
27 practices nursing or holds himself or herself forth as a
28 licensed dietitian-nutritionist without being properly licensed
29 to do so under this act or on the responsible officers or
30 employes of any corporation, copartnership, institution or
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1 association violating any of the provisions of this act. The
2 Board shall levy this penalty only after affording the accused
3 party the opportunity for a hearing, as provided in Title 2 of
4 the Pennsylvania Consolidated Statutes (relating to
5 administrative law and procedure).
6 Section 7. Section 14 of the act, amended OR ADDED December <--
7 20, 1985 (P.L.409, No.109) and May 27, 1994 (P.L.248, No.35), is
8 amended to read:
9 Section 14. Refusal, Suspension or Revocation of Licenses.--
10 (a) The Board may refuse, suspend or revoke any license in any
11 case where the Board shall find that--
12 (1) The licensee is on repeated occasions negligent or
13 incompetent in the practice of professional nursing or
14 dietetics-nutrition.
15 (2) The licensee is unable to practice professional nursing
16 with reasonable skill and safety to patients by reason of mental
17 or physical illness or condition or physiological or
18 psychological dependence upon alcohol, hallucinogenic or
19 narcotic drugs or other drugs which tend to impair judgment or
20 coordination, so long as such dependence shall continue. In
21 enforcing this clause (2), the Board shall, upon probable cause,
22 have authority to compel a licensee to submit to a mental or
23 physical examination as designated by it. After notice, hearing,
24 adjudication and appeal as provided for in section 15, failure
25 of a licensee to submit to such examination when directed shall
26 constitute an admission of the allegations against him or her
27 unless failure is due to circumstances beyond his or her
28 control, consequent upon which a default and final order may be
29 entered without the taking of testimony or presentation of
30 evidence. A licensee affected under this paragraph shall at
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1 reasonable intervals be afforded an opportunity to demonstrate
2 that he or she can resume a competent practice of professional
3 nursing with reasonable skill and safety to patients.
4 (2.1) The licensee is unable to practice dietetics-nutrition
5 with reasonable skill and safety to individuals or groups by
6 reason of mental or physical illness or condition or
7 physiological or psychological dependence upon alcohol,
8 hallucinogenic or narcotic drugs or other drugs which tend to
9 impair judgment or coordination, so long as such dependence
10 shall continue. In enforcing this clause (2.1), the Board shall,
11 upon probable cause, have authority to compel a licensee to
12 submit to a mental or physical examination as designated by it.
13 After notice, hearing, adjudication and appeal as provided for
14 in section 15, failure of a licensee to submit to such
15 examination when directed shall constitute an admission of the
16 allegations against him or her unless failure is due to
17 circumstances beyond his or her control, consequent upon which a
18 default and final order may be entered without the taking of
19 testimony or presentation of evidence. A licensee affected under
20 this paragraph shall at reasonable intervals be afforded an
21 opportunity to demonstrate that he or she can resume a competent
22 practice of dietetics-nutrition with reasonable skill and safety
23 to individuals or groups.
24 (3) The licensee has wilfully or repeatedly violated any of
25 the provisions of this act or of the regulations of the Board.
26 (4) The licensee has committed fraud or deceit in:
27 (i) the practice of nursing, or in securing his or her
28 admission to such practice or nursing school; or
29 (ii) the practice of dietetics-nutrition, or in securing his
30 or her license as a dietitian-nutritionist.
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1 (5) The licensee has been convicted, or has pleaded guilty,
2 or entered a plea of nolo contendere, or has been found guilty
3 by a judge or jury, of a felony or a crime of moral turpitude,
4 or has received probation without verdict, disposition in lieu
5 of trial or an Accelerated Rehabilitative Disposition in the
6 disposition of felony charges, in the courts of this
7 Commonwealth, the United States or any other state, territory,
8 possession or country.
9 (6) The licensee has his or her license suspended or revoked
10 or has received other disciplinary action by the proper
11 licensing authority in another state, territory, possession or
12 country.
13 (7) The licensee has acted in such a manner as to present an
14 immediate and clear danger to the public health or safety.
15 (8) The licensee possessed, used, acquired or distributed a
16 controlled substance or caution legend drug for other than an
17 acceptable medical purpose.
18 (9) The licensee has been guilty of immoral or
19 unprofessional conduct. Unprofessional conduct shall include
20 departure from or failing to conform to an ethical or quality
21 standard of the profession. The ethical and quality standards of
22 the profession are those embraced by the professional community
23 in this Commonwealth. In proceedings based on this clause,
24 actual injury to a patient or individual or group need not be
25 established.
26 (b) When the Board finds that the license of any nurse or
27 dietitian-nutritionist may be refused, revoked or suspended
28 under the terms of subsection (a), the Board may:
29 (1) Deny the application for a license.
30 (2) Administer a public reprimand.
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1 (3) Revoke, suspend, limit or otherwise restrict a license
2 as determined by the Board.
3 (4) Require a licensee to submit to the care, counseling or
4 treatment of a physician or a psychologist designated by the
5 Board.
6 (5) Suspend enforcement of its finding thereof and place a
7 licensee on probation with the right to vacate the probationary
8 order for noncompliance.
9 (6) Restore or reissue, in its discretion, a suspended
10 license to practice professional or practical nursing or
11 dietetics-nutrition and impose any disciplinary or corrective
12 measure which it might originally have imposed.
13 Section 8. Section 14.1 of the act, added December 20, 1985
14 (P.L.409, No.109), is amended to read:
15 Section 14.1. Impaired [Nurses] Professionals Program.--(a)
16 The Board, with the approval of the Commissioner of Professional
17 and Occupational Affairs, shall appoint and fix the compensation
18 of a professional consultant who is a licensee of the Board with
19 education and experience in the identification, treatment and
20 rehabilitation of persons with physical or mental impairments.
21 Such consultant shall be accountable to the Board and shall act
22 as a liaison between the Board and treatment programs, such as
23 alcohol and drug treatment programs licensed by the Department
24 of Health, psychological counseling and impaired [nurses]
25 professionals support groups approved by the Board and which
26 provide services to [nursing] licensees under this act.
27 (b) The Board may defer and ultimately dismiss any of the
28 types of corrective action set forth in this act for an impaired
29 professional so long as the licensee is progressing
30 satisfactorily in an approved treatment program, provided that
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1 the provisions of this subsection shall not apply to a licensee
2 who has been convicted of, pleaded guilty to or entered a plea
3 of nolo contendere to a felonious act prohibited by the act of
4 April 14, 1972 (P.L.233, No.64), known as "The Controlled
5 Substance, Drug, Device and Cosmetic Act," or the conviction of
6 a felony relating to a controlled substance in a court of law of
7 the United States or any other state, territory or country. An
8 approved program provider shall, upon request, disclose to the
9 consultant such information in its possession regarding an
10 impaired [nurse] professional in treatment which the program
11 provider is not prohibited from disclosing by an act of this
12 Commonwealth, another state or the United States. Such
13 requirement of disclosure by an approved program provider shall
14 apply in the case of impaired professionals who enter an
15 agreement in accordance with this section, impaired
16 professionals who are the subject of a Board investigation or
17 disciplinary proceeding and impaired professionals who
18 voluntarily enter a treatment program other than under the
19 provisions of this section but who fail to complete the program
20 successfully or to adhere to an after-care plan developed by the
21 program provider.
22 (c) An impaired professional who enrolls in an approved
23 treatment program shall enter into an agreement with the Board
24 under which the professional's license shall be suspended or
25 revoked but enforcement of that suspension or revocation may be
26 stayed for the length of time the professional remains in the
27 program and makes satisfactory progress, complies with the terms
28 of the agreement, and adheres to any limitations on his practice
29 imposed by the Board to protect the public. Failure to enter
30 into such an agreement shall disqualify the [nurse] professional
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1 from the impaired [nurse] professional program and shall
2 activate an immediate investigation and disciplinary proceeding
3 by the Board.
4 (d) If, in the opinion of such consultant after consultation
5 with the provider, an impaired [nurse] professional who is
6 enrolled in an approved treatment program has not progressed
7 satisfactorily, the consultant shall disclose to the Board all
8 information in his or her possession regarding such [nurse]
9 professional, and the Board shall institute proceedings to
10 determine if the stay of the enforcement of the suspension or
11 revocation of the impaired professional's license shall be
12 vacated.
13 (e) An approved program provider who makes a disclosure
14 pursuant to this section shall not be subject to civil liability
15 for such disclosure or its consequences.
16 (f) Any hospital or health care facility, peer or colleague
17 who has substantial evidence that a [nurse] professional has an
18 active addictive disease for which the professional is not
19 receiving treatment, is diverting a controlled substance or is
20 mentally or physically incompetent to carry out the duties of
21 his license shall make or cause to be made a report to the
22 Board: Provided, That any person or facility who acts in a
23 treatment capacity to impaired [nurses] professionals in an
24 approved treatment program is exempt from the mandatory
25 reporting requirement of this subsection. Any person or facility
26 who reports pursuant to this section in good faith and without
27 malice shall be immune from any civil or criminal liability
28 arising from such report. Failure to provide such report within
29 a reasonable time from receipt of knowledge of impairment shall
30 subject the person or facility to a fine not to exceed one
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1 thousand dollars ($1,000). The Board shall levy this penalty
2 only after affording the accused party the opportunity for a
3 hearing, as provided in Title 2 of the Pennsylvania Consolidated
4 Statutes (relating to administrative law and procedure).
5 Section 9. Sections 15.2 and 15.4 of the act, added December
6 20, 1985 (P.L.409, No.109), are amended to read:
7 Section 15.2. Reinstatement of License.--Unless ordered to
8 do so by Commonwealth Court or an appeal therefrom, the Board
9 shall not reinstate the license of a person to practice nursing
10 or dietetics-nutrition which has been revoked. Any person whose
11 license has been revoked may reapply for a license, after a
12 period of at least five (5) years, but must meet all of the
13 licensing qualifications of this act for the license applied
14 for, to include the examination requirement, if he or she
15 desires to practice at any time after such revocation.
16 Section 15.4. Injunction or Other Process.--It shall be
17 unlawful for any person to practice or attempt to offer to
18 practice nursing or hold himself or herself forth as a licensed
19 dietitian-nutritionist, as defined in this act, without having
20 at the time of so doing a valid, unexpired, unrevoked and
21 unsuspended license issued under this act. The unlawful practice
22 of nursing as defined in this act may be enjoined by the courts
23 on petition of the Board or the Commissioner of Professional and
24 Occupational Affairs. In any such proceeding, it shall not be
25 necessary to show that any person is individually injured by the
26 actions complained of. If it is determined that the respondent
27 has engaged in the unlawful practice of nursing, the court shall
28 enjoin him or her from so practicing unless and until he or she
29 has been duly licensed. Procedure in such cases shall be the
30 same as in any other injunction suit. The remedy by injunction
20010H0497B4032 - 20 -
1 hereby given is in addition to any other civil or criminal
2 prosecution and punishment.
3 Section 10. The sum of $95,000, or as much thereof as may be
4 necessary, is hereby appropriated from the Professional
5 Licensure Augmentation Account in the General Fund to the Bureau
6 of Professional and Occupational Affairs in the Department of
7 State for the operation of the State Board of Nursing for the
8 additional duties imposed by this act. The appropriation shall
9 be repaid by the board within three years of the beginning of
10 issuance of dietitian-nutritionist licenses by the board.
11 Section 11. The State Board of Nursing shall promulgate all
12 regulations required to implement this act within two years of
13 the effective date of this act.
14 Section 12. This act shall take effect in 90 days.
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