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PRINTER'S NO. 966
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
953
Session of
2021
INTRODUCED BY OBERLANDER, JAMES, PICKETT, LEWIS DELROSSO,
CIRESI, FREEMAN, WHEELAND, THOMAS, MARSHALL, SCHLOSSBERG,
MIZGORSKI, RYAN, MILLARD, SAYLOR AND MASSER, MARCH 17, 2021
REFERRED TO COMMITTEE ON HEALTH, MARCH 17, 2021
AN ACT
Amending the act of April 27, 1905 (P.L.312, No.218), entitled
"An act creating a Department of Health, and defining its
powers and duties," further providing for the administrative
structure of the Department of Health, establishing the
office of Chief Nursing Officer of the Commonwealth and
providing for the powers and duties of the Chief Nursing
Officer of the Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of April 27, 1905 (P.L.312,
No.218), entitled "An act creating a Department of Health, and
defining its powers and duties," is amended to read:
Section 1. Be it enacted, &c., (a) The Department of Health
shall consist of a Secretary of Health, an advisory board [and],
a Physician General[.
(b) The secretary shall be the head of the department, and
shall be appointed by the Governor, with the advice and consent
of the Senate. The secretary shall be either a graduate of an
accredited medical or osteopathic medical school who is a
practicing physician licensed by the Commonwealth or an
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individual with professional experience in the field of public
health, health services delivery or education or training of
health service professionals. The secretary shall serve at the
pleasure of the Governor.
(c) There shall be an office of Physician General within the
administrative structure of the department. The Physician
General shall be appointed by the Governor by and with the
advice and consent of the Senate. The department shall provide
adequate staff and other support as needed. The Physician
General shall be a graduate of an accredited medical or
osteopathic medical school and shall be a practicing physician
licensed by the Commonwealth. The Physician General shall serve
at the pleasure of the Governor. The Physician General shall:
(1) Advise the Governor and the secretary on health policy.
(2) Participate in the decision-making process of the
department on policies relating to all medical and public
health-related issues and in the decision-making process of
other executive branch agencies as directed by the Governor.
(3) Review professional standards and practices in medicine
and public health which are related to matters within the
jurisdiction of the department and other executive branch
agencies.
(4) Consult with recognized experts on medical and public
health matters which are within the jurisdiction of the
department and other executive branch agencies.
(5) Provide advice on medical and public health issues to
the secretary and to other executive branch agencies.
(6) Coordinate educational, informational and other programs
for the promotion of wellness, public health and related medical
issues in this Commonwealth and serve as the primary advocate
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for these programs.
(7) Consult with experts in this Commonwealth and other
states regarding medical research, innovation and development
which relate to programs and issues of importance to the
department and the Commonwealth.
(8) Perform such other duties as directed by the Governor.
(9) When the secretary is not a physician, serve as a voting
member of the State Board of Medicine and the State Board of
Osteopathic Medicine. The Physician General may provide a
designee to serve in his or her stead. The salary and other
conditions of employment shall be set by the Executive Board.]
and a Chief Nursing Officer of the Commonwealth.
(b) The following apply to the Secretary of Health:
(1) The secretary shall be the head of the department and
shall be appointed by the Governor, with the advice and consent
of the Senate.
(2) The secretary shall be:
(i) a graduate of an accredited medical or osteopathic
medical school and a practicing physician licensed by the
Commonwealth; or
(ii) an individual with professional experience in the field
of public health, health services delivery or education or
training of health service professionals.
(3) The secretary shall serve at the pleasure of the
Governor.
(c) The following apply to the Physician General:
(1) There shall be an office of Physician General within the
administrative structure of the department.
(2) The Physician General shall be appointed by the
Governor, with the advice and consent of the Senate.
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(3) The department shall provide adequate staff and other
support as needed for the Physician General.
(4) The Physician General shall be:
(i) a graduate of an accredited medical or osteopathic
medical school; and
(ii) a practicing physician licensed by the Commonwealth.
(5) The Physician General shall serve at the pleasure of the
Governor.
(6) The Physician General shall:
(i) Advise the Governor and the secretary on health policy.
(ii) Participate in the decision-making process of the
department on policies relating to all medical and public
health-related issues and in the decision-making process of
other executive branch agencies as directed by the Governor.
(iii) Review professional standards and practices in
medicine and public health which are related to matters within
the jurisdiction of the department and other executive branch
agencies.
(iv) Consult with recognized experts on medical and public
health matters which are within the jurisdiction of the
department and other executive branch agencies.
(v) Provide advice on medical and public health issues to
the secretary and to other executive branch agencies.
(vi) Coordinate educational, informational and other
programs for the promotion of wellness, public health and
related medical issues in this Commonwealth and serve as the
primary advocate for these programs.
(vii) Consult with experts in this Commonwealth and other
states regarding medical research, innovation and development
which relate to programs and issues of importance to the
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department and the Commonwealth.
(viii) Perform other duties as directed by the Governor.
(ix) When the secretary is not a physician, serve as a
voting member of the State Board of Medicine and the State Board
of Osteopathic Medicine.
(7) The Physician General may provide a designee to serve in
the Physician General's stead.
(8) The salary and other conditions of employment for the
Physician General shall be set by the Executive Board.
(c.1) The following apply to the Chief Nursing Officer of
the Commonwealth:
(1) There shall be an office of Chief Nursing Officer of the
Commonwealth within the administrative structure of the
department.
(2) The Chief Nursing Officer of the Commonwealth shall be
appointed by the Governor with the advice and consent of the
Senate.
(3) The department shall provide adequate staff and other
support as needed for the Chief Nursing Officer of the
Commonwealth.
(4) The Chief Nursing Officer of the Commonwealth shall be:
(i) a graduate of an accredited school of nursing;
(ii) a practicing nurse licensed by the Commonwealth; and
(iii) a registered nurse with an unencumbered license issued
by the Commonwealth who has at least ten years of working
experience as a registered nurse and who has an advanced degree
in nursing or public health.
(5) The Chief Nursing Officer of the Commonwealth shall
serve at the pleasure of the Governor.
(6) The Chief Nursing Officer of the Commonwealth shall:
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(i) Advise the Governor and the secretary on health policy.
(ii) Participate in the decision-making process of the
department on policies relating to all nursing and public
health-related issues and in the decision-making process of
other executive branch agencies as directed by the Governor.
(iii) Review professional standards and practices in nursing
and public health which are related to matters within the
jurisdiction of the department and other executive branch
agencies.
(iv) Consult with recognized experts on nursing and public
health matters which are within the jurisdiction of the
department and other executive branch agencies.
(v) Provide advice on nursing and public health issues to
the secretary and to other executive branch agencies.
(vi) Coordinate educational, informational and other
programs for the promotion of wellness, public health and
related nursing issues in this Commonwealth and serve as the
primary advocate for these programs.
(vii) Consult with experts in this Commonwealth and other
states regarding health care research, innovation and
development which relate to programs and issues of importance to
the department and the Commonwealth.
(viii) Perform other duties as directed by the Governor.
(ix) Serve as a voting member of the State Board of Nursing.
The following apply:
(A) The Chief Nursing Officer of the Commonwealth shall
serve as one of the six registered nurses appointed by the
Governor to serve on the State Board of Nursing. The majority of
the members elected to the Senate shall not advise and consent
to the Chief Nursing Officer of the Commonwealth serving on the
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State Board of Nursing.
(B) The Chief Nursing Officer of the Commonwealth may
appoint a designee to serve on the State Board of Nursing. If
the Chief Nursing Officer of the Commonwealth appoints a
designee, the designee shall be a registered nurse and shall
only serve as the designee with the advice and consent of the
majority of the members elected to the Senate.
(C) Upon the first vacancy on the State Board of Nursing
after the effective date of this clause, through the death,
resignation, disqualification or term expiration of a member of
the State Board of Nursing, the Chief Nursing Officer of the
Commonwealth, or the designee of the Chief Nursing Officer of
the Commonwealth in accordance with clause (B), shall become a
member of the State Board of Nursing. The position of Chief
Nursing Officer of the Commonwealth, or the designee of the
Chief Nursing Officer of the Commonwealth, shall become a
permanent designated member of the State Board of Nursing.
(7) Funds from the Professional Licensure Augmentation
Account shall be provided to the department for use in the
performance of the duties of the office of Chief Nursing Officer
of the Commonwealth.
(d) The department shall have an official seal.
Section 2. This act shall take effect in 60 days.
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