See other bills
under the
same topic
PRINTER'S NO. 529
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
518
Session of
2017
INTRODUCED BY ARGALL, GREENLEAF, SCHWANK, VULAKOVICH, COSTA,
LANGERHOLC, YUDICHAK, RAFFERTY, LAUGHLIN, STEFANO AND
TARTAGLIONE, MARCH 16, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 16, 2017
AN ACT
Amending the act of May 22, 1951 (P.L.317, No.69), entitled, as
amended, "An act relating to the practice of professional
nursing; providing for the licensing of nurses and for the
revocation and suspension of such licenses, subject to
appeal, and for their reinstatement; providing for the
renewal of such licenses; regulating nursing in general;
prescribing penalties and repealing certain laws," providing
for delegation of functions necessary for the support of
nursing services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of May 22, 1951 (P.L.317,
No.69), known as The Professional Nursing Law, is amended by
adding a clause to read:
Section 2. Definitions.--When used in this act, the
following words and phrases shall have the following meanings
unless the context provides otherwise:
* * *
(16) "Delegate" or "delegation" means the transfer of
responsibility for the performance of a function from the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
registered nurse to another individual who may or may not be a
health care practitioner , licensed or unlicensed, while
retaining accountability for the outcome.
Section 2. The act is amended by adding a section to read:
Section 4.2. Delegation of Functions.--(a) A registered
nurse may delegate if all of the following conditions are met:
(1) The delegation is consistent with the scope and
standards of acceptable nursing practice as defined by license
or certificate or otherwise authorized by law.
(2) The delegation is not prohibited by statute or
regulation, including regulations promulgated by the Board .
(3) The registered nurse has no knowledge that the
individual to whom the function is being delegated does not have
the requisite education, training, experience and continued
competency to safely perform the delegated function .
(4) The registered nurse has determined that the delegation
does not create an undue risk to the patient.
(b) A registered nurse shall be responsible for the
delegated function in accordance with subsection (a). A
registered nurse's responsibility for the delegated function is
not limited by any provisions of this section.
(c) A registered nurse may not delegate a function that:
(1) the registered nurse knows or should know is beyond the
validated competencies of the individual to whom the function is
being delegated ; or
(2) the registered nurse is not educated, trained and
competent to perform.
(d) No employer may require a registered nurse to delegate,
nor shall an employer be permitted to retaliate against a
registered nurse for refusal to delegate.
20170SB0518PN0529 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(e) Nothing in this section may be construed as:
(1) Limiting the authority of a physician to delegate as
contained within the act of December 20, 1985 (P.L.457, No.112),
known as the "Medical Practice Act of 1985."
(2) Determining that a registered nurse, when engaged in
delegation, is a supervisor under State law.
(f) Within one hundred eighty (180) days of the effective
date of this section, the board shall promulgate regulations
that establish criteria pursuant to which a registered nurse may
delegate the performance of functions.
(g) Within thirty (30) days after the effective date of this
subsection, the Secretary of State shall establish an advisory
committee as follows:
(1) The advisory committee shall consist of at least ten
(10) members appointed by the Secretary of State, the majority
of whom must be registered nurses actively engaged in direct
patient care. The registered nurse members must represent
professional associations for registered nurses and an equal
number must represent unions whose members are employed as
registered nurses.
(2) The sole function of the advisory committee shall be to
provide recommendations to the board on delegation of functions
by registered nurses.
(3) Members of the advisory committee shall receive no
compensation for their services.
(4) The advisory committee shall meet at the request of the
Secretary of State.
(5) The advisory committee shall terminate upon the
effective date of the regulations promulgated under subsection
(f).
20170SB0518PN0529 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 3. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) This section.
(ii) The addition of section 4.2(f) and (g) of the
act.
(2) The remainder of this act shall take effect on the
effective date of the regulations promulgated under section
4.2(f) of the act.
20170SB0518PN0529 - 4 -
1
2
3
4
5
6
7
8
9