PRINTER'S NO. 2404
No. 1845 Session of 2001
INTRODUCED BY DAILEY, VANCE, MANDERINO, WILT, ARMSTRONG, BEBKO-
JONES, HERMAN, LAUGHLIN, CRUZ, HENNESSEY, CREIGHTON, BASTIAN,
HARPER, STABACK, ADOLPH, E. Z. TAYLOR, MANN, SOLOBAY, MUNDY,
TANGRETTI, WALKO, YUDICHAK, SHANER, LEH, GEIST, GABIG, FLICK,
BARRAR, HORSEY, TIGUE, L. I. COHEN, YOUNGBLOOD, KENNEY,
HARHAI, STEELMAN, FICHTER, SEMMEL, C. WILLIAMS, BUNT, TULLI,
SCHRODER, KELLER, THOMAS AND PETRARCA, JULY 11, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JULY 11, 2001
AN ACT
1 Providing for the duties of unlicensed health care personnel and
2 for enforcement by the Department of Health; and imposing
3 penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Unlicensed
8 Health Care Personnel Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Health of the Commonwealth.
14 "Health care facility." A facility licensed under the act of
15 July 19, 1979 (P.L.130, No.48), known as the Health Care
1 Facilities Act.
2 "Health care professional." An individual who, through the
3 Commonwealth, maintains a professional health license,
4 including, but not limited to, a physician, a certified
5 registered nurse practitioner, a registered nurse and a licensed
6 practical nurse.
7 "Respiratory care practitioner." An individual who is
8 certified to practice respiratory care by the State Board of
9 Medicine.
10 "Unlicensed health care personnel." Individuals who are
11 employed by a health care facility and who do not maintain a
12 professional health license, including, but not limited to,
13 certified nurses' aides, pharmacy aides, maintenance staff,
14 secretaries, volunteers, administrative staff and cafeteria
15 personnel.
16 Section 3. Unlicensed health care personnel.
17 (a) Prohibited assignments.--No health care facility may
18 assign unlicensed health care personnel to perform physician or
19 nursing functions in lieu of a health care professional.
20 (b) Prohibited delegation.--No health care professional
21 caring for a patient in an acute care hospital or an ambulatory
22 surgical facility may delegate tasks requiring a substantial
23 amount of scientific knowledge or technical skill to unlicensed
24 health care personnel. Tasks that may not be delegated include,
25 but are not limited to:
26 (1) Administering medications via any route.
27 (2) Preparing medications for administration via any
28 route.
29 (3) Initiating or maintaining intravenous therapy.
30 (4) Performing venipuncture or arterial puncture.
20010H1845B2404 - 2 -
1 (5) Performing high-risk invasive procedures, such as
2 changing sterile dressings, stapling head wounds, initiating
3 or maintaining nasogastric or enteral tube feedings,
4 performing tracheal or endotracheal tube suctioning,
5 nasogastric tube insertion and indwelling catheter insertion.
6 (6) Injection of contrast medium prior to or during
7 specific radiological tests.
8 (7) Assessing and evaluating a patient's physical or
9 mental condition.
10 (8) Educating a patient and family on patient health
11 care issues, including discharge planning, wound care, tube
12 maintenance and medication administration with regard to
13 action, indications, dosage, route, side effects and
14 precautions.
15 Section 4. Exceptions.
16 Notwithstanding the provisions of the act of May 22, 1951
17 (P.L.317, No.69), known as The Professional Nursing Law, this
18 act shall apply to all unlicensed health care personnel except:
19 (1) Phlebotomists and certified medical laboratory
20 technicians and technologists, when performing venipunctures.
21 (2) Respiratory care practitioners, when monitoring
22 mechanical ventilation equipment, performing respiratory
23 assessment and chest physiotherapy, administering
24 nebulization treatments and when performing invasive
25 procedures, including, but not limited to, tracheal
26 suctioning and obtaining arterial blood gases.
27 (3) Dieticians, when providing a patient with diet
28 therapy instructions as part of a discharge treatment.
29 Section 5. Regulations and duties.
30 (a) Promulgation of regulations.--The department shall
20010H1845B2404 - 3 -
1 promulgate regulations necessary to implement the provisions of
2 this act, including, but not limited to, penalties for failure
3 to comply with the requirements set forth under this act.
4 (b) Reporting.--The department shall report to the
5 Department of State any violations of this act which may affect
6 the professional health care license of a health care
7 professional.
8 Section 6. Effective date.
9 This act shall take effect in 90 days.
F20L35DMS/20010H1845B2404 - 4 -