PRINTER'S NO. 769
No. 663 Session of 2003
INTRODUCED BY BISHOP, ROONEY, YOUNGBLOOD, THOMAS, COY, GEORGE,
BEBKO-JONES, CRUZ, SOLOBAY, CURRY, STABACK, MELIO, HARHAI,
BELFANTI, WATERS, PISTELLA, JAMES, KIRKLAND, FABRIZIO,
TANGRETTI, PALLONE, WASHINGTON AND CIVERA, MARCH 4, 2003
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 4, 2003
AN ACT
1 Amending the act of June 22, 1970 (P.L.378, No.122), entitled
2 "An act concerning nursing homes; providing for the licensing
3 of persons charged with the general administration of such
4 homes; prescribing the powers and duties of the State Board
5 of Examiners of Nursing Home Administrators; fixing fees and
6 making certain acts unlawful," further providing for
7 functions and duties of the board.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 4 of the act of June 22, 1970 (P.L.378,
11 No.122), known as the Nursing Home Administrators License Act,
12 amended December 20, 1985 (P.L.375, No.106) and July 7, 1987
13 (P.L.218, No.38), is amended to read:
14 Section 4. Functions and Duties of the Board.--(a) It shall
15 be the function and duty of the board:
16 (1) To develop, impose, and enforce standards which shall be
17 met by individuals in order to receive a license as a nursing
18 home administrator, which standards shall be designed to insure
19 that nursing home administrators will be individuals who are of
1 good character and are otherwise suitable, and who, by training
2 or experience, which may include a requirement for supervised
3 experience prior to licensure, in the field of institutional
4 administration, are qualified to serve as nursing home
5 administrators.
6 (2) To develop and apply appropriate techniques, including
7 examinations and investigations, for determining whether an
8 individual meets such standards.
9 (3) To issue licenses and registrations to individuals
10 determined, after application of such techniques, to meet such
11 standards, and revoke or suspend licenses or registrations
12 previously issued by the board in any case where the individual
13 holding any such license or registration is determined to have
14 failed to conform to the requirements of such standards.
15 (4) To establish and carry out procedures designed to insure
16 that individuals licensed as nursing home administrators will,
17 during any period that they serve as such, comply with the
18 requirements of such standards.
19 (5) To receive, investigate, and take appropriate action
20 with respect to, any charge or complaint filed with the board to
21 the effect that any individual licensed as a nursing home
22 administrator has failed to comply with the requirements of such
23 standards.
24 (6) To conduct in cooperation with the appropriate State
25 agency having facility approval or licensure responsibility a
26 continuing study of nursing homes and administrators of nursing
27 homes within the State with a view to the improvement of the
28 standards imposed for the licensing of such administrators and
29 of procedures and methods for the enforcement of such standards
30 with respect to administrators of nursing homes who have been
20030H0663B0769 - 2 -
1 licensed as such.
2 (7) To submit annually to the Appropriations Committees of
3 the House of Representatives and the Senate, fifteen days after
4 the Governor has submitted his budget to the General Assembly, a
5 copy of the budget request for the upcoming fiscal year which
6 the board previously submitted to the Department of State.
7 (8) To submit annually a report, to the Professional
8 Licensure Committee of the House of Representatives and to the
9 Consumer Protection and Professional Licensure Committee of the
10 Senate, containing a description of the types of complaints
11 received, status of cases, board action which has been taken and
12 the length of the time from the initial complaint to final
13 disposition.
14 (9) To develop standards of professional practice and
15 standards of professional conduct appropriate to establish and
16 maintain a high level of integrity and performance in the
17 practice of nursing home administration. The board shall, not
18 later than July 1, 1988, initiate the promulgation of
19 regulations establishing such standards of professional practice
20 and standards of professional conduct, provided that nothing in
21 this clause shall restrict the imposition of penalties or
22 disciplinary action pursuant to section 11 or 12 prior to final
23 approval of such regulations pursuant to the act of June 25,
24 1982 (P.L.633, No.181), known as the "Regulatory Review Act."
25 (b) The board or any committee or member thereof, acting in
26 an official capacity, shall have the authority to issue
27 subpoenas, compel the attendance of witnesses, administer oaths
28 and take testimony concerning all matters within the
29 jurisdiction of the board. Such board shall not be bound by the
30 strict rules of evidence in the conduct of its proceedings but
20030H0663B0769 - 3 -
1 any determinations made shall be founded upon sufficient legal
2 evidence to sustain them. The right of appeal from decisions of
3 the board shall be in accordance with [the provisions of the act
4 of June 4, 1945 (P.L.1388), known as the "Administrative Agency
5 Law."] 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
6 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
7 to judicial review of Commonwealth agency action).
8 (c) The board shall also have the authority to make rules
9 and regulations, not inconsistent with law, as may be necessary
10 for the proper performance of its duties, and to take such other
11 actions as may be necessary to enable the Commonwealth to meet
12 the requirements set forth in appropriate Federal law, and other
13 pertinent Federal authority. The rules, regulations and actions
14 authorized under this subsection shall address, inter alia, the
15 following:
16 (1) Treatment of nursing home occupants, including paying
17 attention to their complaints.
18 (2) Possession of occupants' possessions and removal of
19 belongings by theft or otherwise.
20 (3) Personal bank accounts of occupants.
21 (4) Accounting of occupants' retirement and Social Security
22 payments.
23 (5) Burial expenses, including prepayment requirements.
24 (6) Exercise of occupants, especially where needed for
25 health purposes.
26 (7) Proper attention to bed-ridden occupants to avoid
27 bedsores.
28 Section 2. This act shall take effect in 60 days.
A2L63MEP/20030H0663B0769 - 4 -