PRINTER'S NO. 1642
No. 1404 Session of 1989
INTRODUCED BY DORR, RITTER, BURD, JAROLIN, VROON, THOMAS, RYBAK,
NOYE, FAIRCHILD, SAURMAN, BELFANTI, CARLSON, J. TAYLOR,
JOHNSON, E. Z. TAYLOR, McVERRY, MORRIS, CIVERA, ITKIN, MELIO,
RAYMOND, GEIST, J. L. WRIGHT, CLYMER, HESS, MRKONIC, OLASZ,
BARLEY, FARMER, G. SNYDER, BORTNER, VEON, TRELLO, RICHARDSON,
BISHOP AND BILLOW, MAY 22, 1989
REFERRED TO COMMITTEE ON EDUCATION, MAY 22, 1989
AN ACT
1 Amending the act of March 2, 1956 (1955 P.L.1211, No.376),
2 entitled "An act providing for and regulating the licensing
3 and practice of practical nursing; imposing duties on the
4 State Board of Nurse Examiners; and imposing penalties,"
5 providing for the qualification of professional nursing
6 program graduates as licensed practical nurses.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 5 and 6 of the act of March 2, 1956
10 (1955 P.L.1211, No.376), known as the Practical Nurse Law,
11 amended December 20, 1985 (P.L.423, No.110), are amended to
12 read:
13 Section 5. Fee; Qualifications of Applications.--(a) No
14 application for licensure as a licensed practical nurse shall be
15 considered unless accompanied by a fee determined by the board
16 by regulation. Every applicant for examination as a licensed
17 practical nurse shall furnish evidence satisfactory to the board
18 that he or she is eighteen years of age or over, is a citizen of
1 the United States or has legally declared intention to become
2 such, is of good moral character, has completed at least twelve
3 years of education with diploma in public, parochial or private
4 school, or its equivalent as evaluated by the Department of
5 Education; and has satisfactorily completed a program in
6 practical nursing prescribed and approved by the board in a
7 school, hospital or other educational institution, of not less
8 than fifteen hundred hours and within a period of not less than
9 twelve months, or has completed a program considered by the
10 board to be equal to that required in this Commonwealth at the
11 time such program was completed. Graduation from any board-
12 approved program of professional nursing shall be considered to
13 be a program equal to that required in this Commonwealth, so
14 long as the graduates of said program qualify to take the
15 examination required under the act of May 22, 1951 (P.L.317,
16 No.69), known as "The Professional Nursing Law," and, in
17 addition, the applicant meets all other requirements of this
18 act.
19 (b) The board shall not issue a license or certificate to an
20 applicant who has been convicted of a felonious act prohibited
21 by the act of April 14, 1972 (P.L.233, No.64), known as "The
22 Controlled Substance, Drug, Device and Cosmetic Act," or
23 convicted of a felony relating to a controlled substance in a
24 court of law of the United States or any other state, territory
25 or country unless:
26 (1) at least ten (10) years have elapsed from the date of
27 conviction;
28 (2) the applicant satisfactorily demonstrates to the board
29 that he has made significant progress in personal rehabilitation
30 since the conviction such that licensure of the applicant should
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1 not be expected to create a substantial risk of harm to the
2 health and safety of patients or the public or a substantial
3 risk of further criminal violations; and
4 (3) the applicant otherwise satisfies the qualifications
5 contained in or authorized by this act.
6 (c) As used in [this section] subsection (b), the term
7 "convicted" shall include a judgment, an admission of guilt or a
8 plea of nolo contendere. An applicant's statement on the
9 application declaring the absence of a conviction shall be
10 deemed satisfactory evidence of the absence of a conviction,
11 unless the board has some evidence to the contrary.
12 Section 6. License Without Examination.--The board may
13 license without examination a graduate of an approved school for
14 the training of practical nurses in any other state, territory,
15 possession or country, who has completed a program of study in
16 practical nursing considered by the board to be equivalent to
17 that required in this Commonwealth, or a graduate of an approved
18 school for the training of professional nurses, and who was
19 licensed as a practical nurse in such state, territory,
20 possession or country[,] by examination and has met the
21 foregoing requirements as to age, character, citizenship and
22 preliminary education.
23 Section 2. This act shall take effect immediately.
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