THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, EARLL, ALLOWAY, D. WHITE, MENSCH, EICHELBERGER, WAUGH, BROWNE, BRUBAKER AND DINNIMAN, MARCH 11, 2011

SENATOR PICCOLA, EDUCATION, AS AMENDED, APRIL 5, 2011   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in school health services, further

defining "school nurse" and "dental hygienist."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "school nurse" and "dental

hygienist" in section 1401 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, repealed and

added July 15, 1957 (P.L.937, No.404) and amended August 9, 1963

(P.L.641, No.339), are amended to read:

Section 1401.  Definitions.--As used in this article--

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(8)  "School nurse" means a licensed registered nurse who:

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(i)  is either properly certificated by the [Superintendent

of Public Instruction] Secretary of Education as a school nurse

[who] or has completed a training program on nursing in a school

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environment that has been approved by the Department of

Education; and

(ii)  is employed by a school district or joint school board

as a school nurse, or is employed in providing school nurse

services to children of school age by a county health unit or a

department or board of health of any municipality with which a

school district or joint school board has contracted for school

health services pursuant to the provisions of section 1411 of

this act. The employment of any nurse employed by a school

district or joint school board as a school nurse prior to the

effective date of this act shall not be affected by a contract

for school health services that may be entered into by any

school district or joint school board under the provisions of

this act. The term shall also mean a licensed registered nurse

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who has completed a training program in nursing in a school

environment that has been approved by the Department of

Education subject to the provisions of section 1401.1.

(9)  "Dental hygienist" means a dental hygienist licensed by

the State Dental Council and Examining Board, who:

(i)  is assigned to a school district or joint school board,

or a dental hygienist licensed by the State Dental Council and

Examining Board and certificated as a school dental hygienist by

the [Superintendent of Public Instruction, who] Secretary of

Education; and

(ii)  is employed by a school district or joint school board

as a dental hygienist. The employment of any dental hygienist

employed by a school district or joint school board as a dental

hygienist prior to the effective date of this act shall not be

affected by a contract for school health services that may be

entered into by any school district or joint school board under

the provisions of this act.

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Section 2.  The act is amended by adding a section to read:

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Section 1401.1.  Noncertified school nurse.--(a)  A school

nurse who is not certificated by the Department of Education as

a school nurse must complete, within twelve months of

employment, an accelerated training program in nursing in a

school environment that has been approved by the Department of

Education. Such training program shall include, at a minimum,

instruction and training in the following:

(1)  Educational areas related to nursing in a school

environment.

(2)  Child development issues.

(3)  Professional ethics and responsibilities specific to a

school environment.

(b)  The Department of Education may waive the provisions of

subsection (a) upon a showing of demonstrated subject area

competencies through work experience, examination or education.

(c)  The Department of Education shall undertake a study of

those school districts that choose to employ school nurses who

are not certificated as school nurses. Within two years after

the effective date of this section, the Department of Education

shall issue a report that includes an evaluation of the

effectiveness and level of care provided to students, as well as

any impact on the health and safety of students in such

districts. The report shall also include recommendations to the

General Assembly on allowing school districts to further employ

school nurses who are not certified as school nurses.

Section 2 3.  This act shall take effect in 60 days.

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