PRINTER'S NO. 1042

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

848

Session of

2021

INTRODUCED BY MENSCH, BARTOLOTTA, LANGERHOLC, STEFANO, TOMLINSON

AND BOSCOLA, AUGUST 27, 2021

REFERRED TO HEALTH AND HUMAN SERVICES, AUGUST 27, 2021

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[.

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

(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

(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.

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.

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

(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

(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

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

(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.

(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

(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

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.