| PRINTER'S NO. 659 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 597 | Session of 2013 |
INTRODUCED BY BISHOP, O'BRIEN, THOMAS AND MURT, FEBRUARY 8, 2013
REFERRED TO COMMITEE ON PROFESSIONAL LICENSURE, FEBRUARY 8, 2013
AN ACT
1Amending the act of June 22, 1970 (P.L.378, No.122), entitled
2"An act concerning nursing homes; providing for the licensing
3of persons charged with the general administration of such
4homes; prescribing the powers and duties of the State Board
5of Examiners of Nursing Home Administrators; fixing fees and
6making certain acts unlawful," further providing for
7functions and duties of the board.
8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:
10Section 1. Section 4(b) and (c) of the act of June 22, 1970
11(P.L.378, No.122), known as the Nursing Home Administrators
12License Act, are amended to read:
13Section 4. Functions and Duties of the Board.--* * *
14(b) The board or any committee or member thereof, acting in
15an official capacity, shall have the authority to issue
16subpoenas, compel the attendance of witnesses, administer oaths
17and take testimony concerning all matters within the
18jurisdiction of the board. Such board shall not be bound by the
19strict rules of evidence in the conduct of its proceedings but
20any determinations made shall be founded upon sufficient legal
21evidence to sustain them. The right of appeal from decisions of
1the board shall be in accordance with [the provisions of the act
2of June 4, 1945 (P.L.1388), known as the "Administrative Agency
3Law."] 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and
4procedure of Commonwealth agencies) and 7 Subch. A (relating to
5judicial review of Commonwealth agency action).
6(c) The board shall also have the authority to make rules
7and regulations, not inconsistent with law, as may be necessary
8for the proper performance of its duties, and to take such other
9actions as may be necessary to enable the Commonwealth to meet
10the requirements set forth in appropriate Federal law, and other
11pertinent Federal authority. The rules, regulations and actions
12authorized under this subsection shall address at least the
13following:
14(1) Treatment of nursing home occupants, including paying
15attention to their complaints.
16(2) Possession of occupants' possessions and removal of
17belongings by theft or otherwise.
18(3) Personal bank accounts of occupants.
19(4) Accounting of occupants' retirement and Social Security
20payments.
21(5) Burial expenses, including prepayment requirements.
22(6) Exercise of occupants, especially where needed for
23health purposes.
24(7) Proper attention to bed-ridden occupants to avoid
25bedsores.
26Section 2. This act shall take effect in 60 days.