THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATSON, QUINN, O'NEILL, BOBACK, GEIST, MAJOR, BAKER, BEAR, CLYMER, CREIGHTON, DENLINGER, GINGRICH, HORNAMAN, KILLION, KULA, MELIO, MILLER, MOUL, MURT, PICKETT, RAPP, READSHAW, ROCK, SEIP, SIPTROTH, SONNEY, SWANGER, J. TAYLOR, TRUE AND YOUNGBLOOD, JULY 24, 2009

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, JULY 24, 2009  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," providing for violation

exceptions for personal care homes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 13, 1967 (P.L.31, No.21), known as

the Public Welfare Code, is amended by adding a section to read:

Section 1085.1.  Violation Exceptions.--(a)  Notwithstanding

any other statutory or regulatory provision, no personal care

home shall be cited with a violation for not evacuating a

resident during a fire drill when:

(1)  the resident is being treated and cared for by a

licensed hospice provider;

(2)  a licensed clinician has made a determination that the

resident may suffer bodily injury as a result of participation

in a fire drill or that participating in a fire drill may

accelerate or hasten the death of the resident; and

(3)  the resident, or the person designated by the resident

in a power of attorney to act on behalf of the resident, has

signed a written waiver directing that the resident is not to be

evacuated during a fire drill.

(b)  Nothing in this section shall be construed as relieving

the personal care home of responsibility to provide necessary

intervention for the evacuation of any resident in the event of

an actual emergency.

Section 2.  This act shall take effect in 60 days.