PRINTER'S NO. 2383
No. 1810 Session of 2005
INTRODUCED BY GANNON, MAJOR, HARHART, DALLY, GEIST, ALLEN,
T. STEVENSON, McGILL, FICHTER, CORNELL, STURLA AND GERGELY,
JUNE 29, 2005
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 29, 2005
AN ACT
1 Establishing a Statewide Registry of reports relating to nurse
2 misconduct or dismissal; providing for duties of the
3 Department of Health; and imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Nurse
8 Registry Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Health of the Commonwealth.
14 "Health care facility." A facility which provides clinically
15 related health services, regardless of whether the operation is
16 for profit or nonprofit and regardless of whether operation is
17 by the private sector or by State or local government. The term
18 includes a general or special hospital, a psychiatric hospital,
1 a rehabilitation hospital, a hospice, an ambulatory surgical
2 facility, a long-term care nursing facility, a cancer treatment
3 center using radiation therapy on an ambulatory basis and an
4 inpatient drug and alcohol treatment facility. The term includes
5 a facility which provides clinically related health services and
6 which is operated by the Department of Corrections, the
7 Department of Health, the Department of Military and Veterans
8 Affairs or the Department of Public Welfare. The term does not
9 include an office used primarily for the private or group
10 practice by a health care practitioner, a facility providing
11 treatment solely on the basis of prayer or spiritual means in
12 accordance with the tenets of a church or a religious
13 denomination or a facility conducted by a religious organization
14 for the purpose of providing health care services exclusively to
15 clergy or other individuals in a religious profession who are
16 members of the religious denomination conducting the facility.
17 "Nurse." A licensed practical nurse or a registered nurse,
18 who:
19 (1) does not act in a supervisory role; and
20 (2) is paid an hourly wage.
21 Section 3. Nursing registry established.
22 There is hereby established within the department a Statewide
23 registry of reports made by health care facilities relating to
24 misconduct by or dismissal of a nurse.
25 Section 4. Duties of department.
26 (a) Registry contents.--The department shall maintain a
27 complete and systematic record and index of reports from health
28 care facilities relating to misconduct by or dismissal of a
29 nurse. The Statewide registry shall include the following:
30 (1) The name of the nurse.
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1 (2) The nurse's license number.
2 (3) The nurse's home address.
3 (4) The location of each health care facility at which
4 the nurse practiced.
5 (5) A detailed description of the events leading to
6 discipline or dismissal.
7 (6) The name and address of the health care facility
8 making the report.
9 (7) Any other information the department deems
10 appropriate.
11 (b) Nondisclosure.--A health care facility may not disclose
12 the name of a patient in a report made under this section.
13 (c) Reports available to health care facilities.--The
14 department shall provide copies of the reports filed and housed
15 in the registry to a health care facility upon request of a
16 health care facility. The department may charge a reasonable fee
17 for providing the information.
18 (d) Information available to public.--The department shall
19 create and maintain a copy of the registry which shall be
20 available to the public over the Internet. The information
21 available to the public shall include all of the information set
22 forth in subsection (a) with the exception of the address of the
23 nurse. The department may not charge a fee for access to the
24 registry by the public.
25 (e) Updates.--The department shall update the registry as
26 necessary to maintain accurate records of discipline and
27 dismissal. If a nurse is reinstated by a health care facility or
28 if a health care facility withdraws disciplinary action, the
29 department shall enter that information in a timely fashion in
30 the Statewide registry and in the registry established under
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1 subsection (d).
2 (f) Forms.--The department shall develop forms and transmit
3 copies of the forms to health care facilities throughout this
4 Commonwealth so that the information set forth in subsections
5 (a) and (e) may be recorded and maintained.
6 Section 5. Duties of health care facilities.
7 A health care facility which disciplines or dismisses a nurse
8 or which rescinds discipline or reinstates the nurse shall make
9 a written report to the department within 30 days of the action.
10 A health care facility shall transmit the information set forth
11 in subsections (a) and (e) on forms prescribed by the
12 department.
13 Section 6. Penalty.
14 (a) Fine.--The department may assess a fine of not less than
15 $500 nor more than $1,000 if a health care facility willfully
16 fails to provide a written report.
17 (b) Procedure.--This subsection shall be subject to 2
18 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
19 Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial
20 review of Commonwealth agency action).
21 Section 7. Immunity.
22 The following entities shall be immune from liability for
23 acts made in good faith pursuant to this act:
24 (1) The department.
25 (2) Agents and employees of a health care facility.
26 (3) Directors and owners of a health care facility.
27 Section 8. Effective date.
28 This act shall take effect immediately.
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