PRINTER'S NO. 507
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
513
Session of
2019
INTRODUCED BY TOEPEL, OBERLANDER, BARRAR, DALEY, HILL-EVANS,
McCLINTON, McNEILL, OTTEN, REESE AND TOOHIL,
FEBRUARY 19, 2019
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 19, 2019
AN ACT
Amending the act of May 22, 1951 (P.L.317, No.69), entitled "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," regulating the
practice of lactation consultation and licensure of lactation
consultants; and further providing for penalties.
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 paragraphs 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) "Lactation care and services" means the clinical
application of scientific principles and a multidisciplinary
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body of evidence for the evaluation, problem identification,
treatment, education and consultation for the provision of
lactation care and services to families, including:
(i) Clinical lactation assessment through the systematic
collection of subjective and objective data.
(ii) Analysis of data and creation of a plan of care.
(iii) Implementation of a lactation care plan with
demonstration and instruction to parents and communication to
primary health care providers.
(iv) Evaluation of outcomes.
(v) Provision of lactation education to parents and health
care providers.
(vi) Recommendation and use of assistive devices.
(17) "Licensed lactation consultant" means a lactation
consultant who holds a current license under this act.
(18) "Practice of lactation consultation" means a course of
business in which lactation care and services are rendered or
offered to an individual, family or group of two or more
individuals.
Section 2. Sections 2.1(f) and (k) and 2.2 of the act are
amended to read:
Section 2.1. State Board of Nursing.--* * *
[(f) The Board is subject to evaluation, review and
termination within the time and in the manner provided in the
act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
Act."]
* * *
(k) The Board shall have the right and duty to establish
rules and regulations for the practice of professional nursing,
the practice of dietetics-nutrition, the practice of lactation
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consultation and the administration of this act. Copies of such
rules and regulations shall be available for distribution to the
public.
* * *
Section 2.2. Communication with Licensees.--The Board shall
communicate with licensees on issues affecting the education,
practice and regulation of nursing [or], dietetics-nutrition and
lactation care and services on at least an annual basis.
Section 3. The act is amended by adding a section to read:
Section 3.2. Licensed Lactation Consultant; License
Required; and Use of Title.--It shall be unlawful for an
individual to hold himself or herself forth as a licensed
lactation consultant unless he or she shall first have obtained
a license under this act. Only an individual who has received a
license as a licensed lactation consultant under this act may
use the title "licensed lactation consultant."
Section 4. Sections 6, 8 and 11 of the act are amended by
adding subsections to read:
Section 6. Fees; Qualifications for Licensure.--* * *
(b.1) An applicant applying for licensure as a lactation
consultant must pay the fee established by the Board and shall
submit a written application on forms provided by the Board
evidencing and insuring to the satisfaction of the Board that
the applicant is of good moral character and holds current
certification from the International Board of Lactation
Consultant Examiners after demonstrating the appropriate
education, knowledge and experience necessary for independent
clinical practice.
* * *
Section 8. Persons Entitled to Practice.--* * *
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(c) The Board shall issue to each person who meets the
licensure requirements of this act a certificate setting forth
that the person is licensed as a lactation consultant and
entitled to use the title "licensed lactation consultant." A
record of all persons licensed as lactation consultants in this
Commonwealth shall be kept in the office of the Board and shall
be open to public inspection and copying upon payment of a
nominal fee for copying the record.
Section 11. Licenses; Duration; Renewal Fee; Inactive
Status.--* * *
(d) A lactation consultant license issued under this act
shall not be renewed unless the licensee applying for renewal
submits proof to the Board that, during the two (2) calendar
years immediately preceding the application for renewal, the
licensee has satisfactorily completed a minimum of fifteen (15)
hours of continuing education in lactation care and services
approved by the Board by regulation.
Section 5. Sections 11.1, 13(b), 14 and 15.4 of the act are
amended to read:
Section 11.1. Reporting of Multiple Licensure.--Any licensed
professional nurse [or], dietitian-nutritionist or lactation
consultant of this Commonwealth who is also licensed to practice
nursing [or], dietetics-nutrition or lactation consultant in any
other state, territory, possession or country shall report this
information to the Board on the biennial registration
application. Any disciplinary action taken in other states shall
be reported to the Board on the biennial registration
application or within ninety (90) days of final disposition,
whichever is sooner. Multiple licensure shall be noted by the
Board on the licensee's record, and such state, territory,
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possession or country shall be notified by the Board of any
disciplinary actions taken against said licensee in this
Commonwealth.
Section 13. Punishment for Violations.--* * *
(b) In addition to any other civil remedy or criminal
penalty provided for in this act, the Board, by a vote of the
majority of the maximum number of the authorized membership of
the Board as provided by law or by a vote of the majority of the
duly qualified and confirmed membership or a minimum of five (5)
members, whichever is greater, may levy a civil penalty of up to
one thousand dollars ($1,000) on any current licensee who
violates any provision of this act or on any person who
practices nursing or holds himself or herself forth as a
licensed dietitian-nutritionist or licensed lactation consultant
without being properly licensed to do so under this act or on
the responsible officers or employes of any corporation,
copartnership, institution or association violating any of the
provisions of this act. The Board shall levy this penalty only
after affording the accused party the opportunity for a hearing,
as provided in Title 2 of the Pennsylvania Consolidated Statutes
(relating to administrative law and procedure).
Section 14. Refusal, Suspension or Revocation of Licenses.--
(a) The Board may refuse, suspend or revoke any license in any
case where the Board shall find that--
(1) The licensee is on repeated occasions negligent or
incompetent in the practice of professional nursing [or],
dietetics-nutrition or lactation consultation.
(2) The licensee is unable to practice professional nursing
with reasonable skill and safety to patients by reason of mental
or physical illness or condition or physiological or
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psychological dependence upon alcohol, hallucinogenic or
narcotic drugs or other drugs which tend to impair judgment or
coordination, so long as such dependence shall continue. In
enforcing this [clause (2)] paragraph, the Board shall, upon
probable cause, have authority to compel a licensee to submit to
a mental or physical examination as designated by it. After
notice, hearing, adjudication and appeal as provided for in
section 15, failure of a licensee to submit to such examination
when directed shall constitute an admission of the allegations
against him or her unless failure is due to circumstances beyond
his or her control, consequent upon which a default and final
order may be entered without the taking of testimony or
presentation of evidence. A licensee affected under this
paragraph shall at reasonable intervals be afforded an
opportunity to demonstrate that he or she can resume a competent
practice of professional nursing with reasonable skill and
safety to patients.
(2.1) The licensee is unable to practice dietetics-nutrition
with reasonable skill and safety to individuals or groups by
reason of mental or physical illness or condition or
physiological or psychological dependence upon alcohol,
hallucinogenic or narcotic drugs or other drugs which tend to
impair judgment or coordination so long as such dependence shall
continue. In enforcing this [clause (2.1)] paragraph, the Board
shall upon probable cause have authority to compel a licensee to
submit to a mental or physical examination as designated by it.
After notice, hearing, adjudication and appeal as provided for
in section 15, failure of a licensee to submit to such
examination when directed shall constitute an admission of the
allegations against him or her unless failure is due to
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circumstances beyond his or her control, consequent upon which a
default and final order may be entered without the taking of
testimony or presentation of evidence. A licensee affected under
this paragraph shall at reasonable intervals be afforded an
opportunity to demonstrate that he or she can resume a competent
practice of dietetics-nutrition with reasonable skill and safety
to individuals or groups.
(2.2) The licensee is unable to practice lactation
consultation with reasonable skill and safety to individuals or
groups by reason of mental or physical illness or condition or
physiological or psychological dependence upon alcohol,
hallucinogenic or narcotic drugs or other drugs which tend to
impair judgment or coordination for the time the dependence
continues. In enforcing this paragraph, the Board shall upon
probable cause have authority to compel a licensee to submit to
a mental or physical examination as designated by it. After
notice, hearing, adjudication and appeal as provided for in
section 15, failure of a licensee to submit to an examination
when directed shall constitute an admission of the allegations
against him or her unless failure is due to circumstances beyond
his or her control, consequent on which a default and final
order may be entered without the taking of testimony or
presentation of evidence. A licensee affected under this
paragraph shall at reasonable intervals be afforded an
opportunity to demonstrate that he or she can resume a competent
practice of lactation consultation with reasonable skill and
safety to individuals or groups.
(3) The licensee has wilfully or repeatedly violated any of
the provisions of this act or of the regulations of the Board.
(4) The licensee has committed fraud or deceit in:
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(i) the practice of nursing, or in securing his or her
admission to such practice or nursing school; [or]
(ii) the practice of dietetics-nutrition or in securing his
or her license as a dietitian-nutritionist[.]; or
(iii) the practice of lactation consultation or in securing
his or her license as a lactation consultant.
(5) The licensee has been convicted, or has pleaded guilty,
or entered a plea of nolo contendere, or has been found guilty
by a judge or jury, of a felony or a crime of moral turpitude,
or has received probation without verdict, disposition in lieu
of trial or an Accelerated Rehabilitative Disposition in the
disposition of felony charges, in the courts of this
Commonwealth, the United States or any other state, territory,
possession or country.
(6) The licensee has his or her license suspended or revoked
or has received other disciplinary action by the proper
licensing authority in another state, territory, possession or
country.
(7) The licensee has acted in such a manner as to present an
immediate and clear danger to the public health or safety.
(8) The licensee possessed, used, acquired or distributed a
controlled substance or caution legend drug for other than an
acceptable medical purpose.
(9) The licensee has been guilty of immoral or
unprofessional conduct. Unprofessional conduct shall include
departure from or failing to conform to an ethical or quality
standard of the profession. The ethical and quality standards of
the profession are those embraced by the professional community
in this Commonwealth. In proceedings based on this [clause]
paragraph, actual injury to a patient or individual or group
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need not be established.
(b) When the Board finds that the license of any nurse [or],
dietitian-nutritionist or lactation consultant may be refused,
revoked or suspended under the terms of subsection (a), the
Board may:
(1) Deny the application for a license.
(2) Administer a public reprimand.
(3) Revoke, suspend, limit or otherwise restrict a license
as determined by the Board.
(4) Require a licensee to submit to the care, counseling or
treatment of a physician or a psychologist designated by the
Board.
(5) Suspend enforcement of its finding thereof and place a
licensee on probation with the right to vacate the probationary
order for noncompliance.
(6) Restore or reissue, in its discretion, a suspended
license to practice professional or practical nursing or
dietetics-nutrition and impose any disciplinary or corrective
measure which it might originally have imposed.
Section 15.4. Injunction or Other Process.--It shall be
unlawful for any person to practice or attempt to offer to
practice nursing or hold himself or herself forth as a licensed
dietitian-nutritionist or licensed lactation consultant , as
defined in this act, without having at the time of so doing a
valid, unexpired, unrevoked and unsuspended license issued under
this act. The unlawful practice of nursing as defined in this
act may be enjoined by the courts on petition of the Board or
the Commissioner of Professional and Occupational Affairs. In
any such proceeding, it shall not be necessary to show that any
person is individually injured by the actions complained of. If
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it is determined that the respondent has engaged in the unlawful
practice of nursing, the court shall enjoin him or her from so
practicing unless and until he or she has been duly licensed.
Procedure in such cases shall be the same as in any other
injunction suit. The remedy by injunction hereby given is in
addition to any other civil or criminal prosecution and
punishment.
Section 6. The State Board of Nursing shall promulgate all
regulations required to implement this act within two years of
the effective date of this act.
Section 7. This act shall take effect in 90 days.
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