JNESO, District Council 1
Legislative Review
Week of March 26, 2012
Pennsylvania
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HB469 (PN2756) of 2011-2012 Regular Session
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An Act amending the act of March 2, 1956 (1955 P.L.1211, No.376), known as the Practical Nurse Law, further providing for violations.
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04/08/2011 –
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H Referred to Professional Licensure
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11/16/2011 –
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H Reported as amended
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11/16/2011 –
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H First consideration
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11/16/2011 –
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H Laid on the table
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11/16/2011 –
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H Removed from table
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12/05/2011 –
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H Second consideration
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12/05/2011 –
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H Re-committed to Appropriations
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12/06/2011 –
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H Re-reported as committed
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12/06/2011 –
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H Third consideration and final passage (193-0)
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12/12/2011 –
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S Referred to Consumer Protection and Professional Licensure
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03/27/2012 –
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S Reported as committed
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03/27/2012 –
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S First consideration
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04/02/2012 –
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S Second consideration
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04/03/2012 –
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S Third consideration and final passage (49-0)
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AN ACT
Amending the act of March 2, 1956 (1955 P.L.1211, No.376), entitled "An act providing for and regulating the licensing and practice of practical nursing; imposing duties on the State Board of Nurse Examiners; and imposing penalties," further providing for violations.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 14 of the act of March 2, 1956 (1955 P.L.1211, No.376), known as the Practical Nurse Law, amended December 20, 1985 (P.L.423, No.110), is amended to read:
Section 14. Violations.‑‑Except (a) Except as otherwise herein provided, it shall be unlawful for any person, association, partnership, corporation or institution, after the effective date of this act, to
(1) Furnish, sell or obtain by fraud or misrepresentation a record of any qualification required for a license, or aid or abet therein;
(2) Use in connection with his or her name the words nurse, practical nurse, licensed practical nurse, or the letters "PN," or "LPN," or any designation tending to imply that he or she is a practical nurse, or licensed practical nurse, unless he or she is duly licensed to so practice under the provisions of this act, except that the title "nurse" also may be used by a person registered under the provisions of the act of May 22, 1951 (P.L.317, No.69), known as "The Professional Nursing Law";
(3) Practice practical nursing during the time his or her license issued under the provisions of this act is suspended or revoked;
(4) Practice practical nursing without a valid current license;
(5) To transfer, offer to transfer, or permit the use by another of any license issued under this act;
(6) To aid or abet any person to violate any provision of this act;
(7) Otherwise violate any of the provisions of this act.
(b) Notwithstanding subsection (a), this section shall not prohibit the use by a person of a descriptive title for nurse assistive personnel. For the purposes of this subsection, the term "nurse assistive personnel" shall mean an individual providing health care services under the supervision of a professional or practical nurse.
Section 2. This act shall take effect in 60 days.
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HB470 (PN2757) of 2011-2012 Regular Session
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An Act amending the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law, further providing for use of title.
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04/08/2011 –
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H Referred to Professional Licensure
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11/16/2011 –
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H Reported as amended
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11/16/2011 –
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H First consideration
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11/16/2011 –
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H Laid on the table
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11/16/2011 –
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H Removed from table
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12/05/2011 –
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H Second consideration
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12/05/2011 –
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H Re-committed to Appropriations
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12/06/2011 –
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H Re-reported as committed
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12/06/2011 –
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H Third consideration and final passage (193-0)
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12/12/2011 –
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S Referred to Consumer Protection and Professional Licensure
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03/27/2012 –
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S Reported as committed
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03/27/2012 –
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S First consideration
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04/02/2012 –
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S Second consideration
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04/03/2012 –
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S Third consideration and final passage (49-0)
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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," further providing for use of title.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 3 of the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law, amended July 20, 2007 (P.L.320, No.49), is amended to read:
Section 3. Registered Nurse, Clinical Nurse Specialist, Use of Title and Abbreviation "R.N." or "C.N.S."; Credentials; Fraud.‑‑(a) Any person who holds a license to practice professional nursing in this Commonwealth, or who is maintained on inactive status in accordance with section 11 of this act, shall have the right to use the [title] titles "nurse" and "registered nurse" and the abbreviation "R.N." No other person shall engage in the practice of professional nursing or use the [title] titles "nurse" or "registered nurse" or the abbreviation "R.N." to indicate that the person using the same is a registered nurse[.], except that the title "nurse" also may be used by a person licensed under the provisions of the act of March 2, 1956 (1955 P.L.1211, No.376), known as the "Practical Nurse Law." No person shall sell or fraudulently obtain or fraudulently furnish any nursing diploma, license, record, or registration or aid or abet therein.
(b) An individual who holds a license to practice professional nursing in this Commonwealth who meets the requirements under sections 6.2 and 8.5 of this act to be a clinical nurse specialist shall have the right to use the title "clinical nurse specialist" and the abbreviation "C.N.S." No other person shall have that right.
(c) Notwithstanding subsection (a), this section shall not prohibit the use by a person of a descriptive title for nurse assistive personnel. For the purposes of this subsection, the term "nurse assistive personnel" shall mean an individual providing health care services under the supervision of a professional or practical nurse.
Section 2. This act shall take effect in 60 days.
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HB2290 (PN3312) of 2011-2012 Regular Session
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An Act providing for certification of central supply technicians who perform sterilization procedures in health care facilities; imposing continuing education requirements; and providing for the duties of health care facilities and the Department of Health.
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AN ACT
Providing for certification of central supply technicians who perform sterilization procedures in health care facilities; imposing continuing education requirements; and providing for the duties of health care facilities and the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Central Supply Technician Certification Act.
Section 2. Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Central supply technician." A person who provides the services of decontamination, preparation, packaging, sterilization and storage and distribution of reusable medical instrumentation or devices in a health care facility.
"Department." The Department of Health of the Commonwealth.
"Health care facility." As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
"Health care practitioner." As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
Section 3. Certification required.
No person may function as a central supply technician and no health care facility may employ or otherwise contract for the services of a central supply technician, unless the person meets one of the following:
(1) holds and maintains the Certified Registered Central Service Technician credential administered by the International Association of Healthcare Central Service Material Management or the Certified Sterile Processing and Distribution Technician credential administered by the Certification Board for Sterile Processing and Distribution, Inc.;
(2) provides evidence that the person was employed or otherwise contracted for the services as a central service technician in a health care facility on or within the two-year period immediately prior to the effective date of this section, which evidence may include written confirmation by the contractor or employer of the employment; or
(3) is a student or intern performing the functions of a central supply technician if the student or intern is under the direct supervision of an appropriately licensed or certified health care practitioner and is functioning within the scope of the student's or intern's training.
Section 4. Continuing employment and education.
(a) New employees.‑‑A person may be employed or contracted to practice as a central supply technician during the 12-month period immediately following successful completion of certification by the International Association of Healthcare Central Service Material Management or the Certification Board for Sterile Processing and Distribution, Inc., but may not continue to be employed or under such contract beyond that period without documentation that the employee or contractor holds and maintains the certification required under section 3(1).
(b) Existing employees.‑‑
(1) A person who is employed or contracted to practice as a central supply technician on the effective date of this section must be certified within two years of the effective date of this section.
(2) A person who is employed or contracted to practice as a central supply technician on the effective date of this section and fails to obtain certification within the two-year period specified in paragraph (1) may not continue to be employed beyond that period without documentation that the employee is certified in accordance with this act.
(c) Continuing education.‑‑A person who qualifies to function as a central supply technician in a health care facility under section 3(1) and (2) shall annually complete 12 hours of continuing education to maintain the person's certification as a central sterile supply technician.
(d) Health care facility responsibility.‑‑A health care facility that employs or contracts with a central supply technician shall verify to the department and maintain documentation that the person is properly certified and meets the continuing education requirements of this section.
Section 5. Other licensed practitioners.
Nothing in this act shall be construed to prohibit a licensed health care practitioner from performing the tasks or functions of a central supply technician if the person is acting within the scope of the person's license as a health care practitioner.
Section 6. Departmental duties.
The department shall administer the provisions of this act and promulgate and adopt such regulations as may be necessary to implement this act.
Section 7. Effective date.
This act shall take effect January 1, 2013.
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SB1426 (PN1987) of 2011-2012 Regular Session
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An Act providing for freedom of conscience of health care providers and health care institutions.
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03/06/2012 –
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S Referred to Public Health and Welfare
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AN ACT
Providing for freedom of conscience of health care providers and health care institutions.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Conscientious Objection Act.
Section 2. Legislative findings and purpose.
(a) Findings.‑‑The General Assembly finds as follows:
(1) It is the public policy of the Commonwealth to respect and protect the fundamental right of conscience of individuals who and institutions which provide health care services.
(2) Without comprehensive protection, rights of conscience of health care providers or institutions may be violated in various ways, such as harassment, demotion, salary reduction, transfer, termination, loss of staffing privileges, denial of aid or benefits and refusal to license or refusal to certify.
(3) It is the purpose of this act to protect, as a basic civil right, the right of all health care providers and institutions to decline to counsel, advise, provide, perform, assist or participate in providing or performing health care services that violate their consciences.
(b) Purpose.‑‑It is the purpose of this act to prohibit all forms of discrimination, disqualification, coercion, disability or liability upon such health care providers and institutions that decline to perform any health care service that violates their conscience.
Section 3. Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Conscience." The religious, moral or ethical principles held by a health care provider or a health care institution. A health care institution's religious, moral or ethical principles shall be stated in the institution's mission statement, constitution, bylaws, articles of incorporation, regulations, directives or other relevant documents or guidelines under which it operates.
"Health care institution." Any public or private organization, corporation, partnership, sole proprietorship, association, unincorporated association, agency, network, joint venture or other entity that is involved in providing health care services, including, but not limited to, hospitals, clinics, medical centers, ambulatory surgical centers, private physicians' offices, pharmacies, nursing homes, university medical schools and nursing schools, medical training facilities or other institutions or locations wherein health care services are provided to any person.
"Health care provider." Any individual who may be asked or assigned to participate in any way in a health care service, including, but not limited to, a physician, physician assistant, nurse, nurses' aide, medical assistant, hospital employee, clinic employee, nursing home employee, pharmacist, pharmacy employee, researcher, medical or nursing school faculty, student or employee, counselor, social worker or any professional or paraprofessional, or any other person who furnishes or assists in the furnishing of health care services.
"Health care service." Any phase of patient medical care, treatment or procedure relating to abortion, artificial birth control, artificial insemination, assisted reproduction, emergency contraception, human cloning, human embryonic stem-cell research, fetal experimentation and sterilization and including, but not limited to, patient referral, counseling, therapy, testing, diagnosis, prognosis, research, instruction, prescribing, dispensing or administering any device, drug, or medication, surgery, or any other care or treatment rendered by health care providers or health care institutions.
"Participate." To counsel, advise, provide, perform, assist in, refer or admit for purposes of providing, transfer or participate in providing, any health care service or any form of such service.
Section 4. Freedom of conscience of health care providers.
(a) Freedom of conscience.‑‑A health care provider has the right not to participate, and no health care provider shall be required to participate, in a health care service that violates his or her conscience.
(b) Immunity from liability.‑‑There shall be no cause of action against a health care provider for declining to participate in a health care service that violates his or her conscience. A health care provider that declines to provide or participate in a health care service that violates his or her conscience shall not be civilly, criminally, professionally or administratively liable.
(c) Discrimination.‑‑It shall be unlawful for any person, health care provider, health care institution, public service institution, professional organization, public official or any board which certifies competency in medical specialties to discriminate against any health care provider in any manner based on his or her declining to participate in a health care service that violates his or her conscience. This shall include, but is not limited to, termination, transfer or refusal of staff privileges, refusal of board certification, adverse administrative action, demotion, loss of career specialty, reassignment to a different shift, reduction of wages or benefits, refusal to award any grant, contract or other program, refusal to provide residency training opportunities, denial, deprivation, suspension or disqualification with respect to licensure or government certification or any other penalty, disciplinary or retaliatory action.
Section 5. Freedom of conscience of health care institutions.
(a) Freedom of conscience.‑‑A health care institution has the right not to participate, and no health care institution shall be required to participate, in a health care service that violates its conscience.
(b) Immunity from liability.‑‑There shall be no cause of action against a health care institution for declining to participate in a health care service that violates its conscience if the institution has a notice clearly posted stating it reserves the right to decline to provide or participate in health care services that violate its conscience. A health care institution that declines to provide or participate in a health care service that violates its conscience shall not be civilly, criminally or administratively liable.
(c) Discrimination.‑‑It shall be unlawful for any person, public or private institution or public official to discriminate against any health care institution, or any person, association, corporation or other entity attempting to establish a new health care institution or operating an existing health care institution, in any manner, including, but not limited to, any denial, deprivation or disqualification with respect to licensure, any aid assistance, benefit or privilege, including staff privileges, or any authorization, including authorization to create, expand, improve, acquire, affiliate or merge with any health care institution, because such health care institution, or person, association or corporation planning, proposing or operating a health care institution, declines to participate in a health care service which violates the health care institution's conscience.
(d) Denial of aid or benefit.‑‑It shall be unlawful for any public official, agency, institution or entity to deny any payments, reimbursements for services or any form of aid, assistance, funding, grants or benefits or in any other manner to coerce, disqualify or discriminate against any person, association, corporation or other entity attempting to establish a new health care institution or operating an existing health care institution because the existing or proposed health care institution declines to participate in a health care service contrary to the health care institution's conscience.
Section 6. Effect on informed consent requirements.
Nothing in this act shall exempt a health care provider or health care institution from complying with informed consent requirements mandated by statute regarding the provision of a health care service.
Section 7. Severability.
The provisions of this act are declared to be severable, and if any provision, word, phrase or clause of this act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this act.
Section 20. Effective date.
This act shall take effect in 60 days.