PRINTER'S NO. 966
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
853
Session of
2015
INTRODUCED BY ARGALL, YUDICHAK, VULAKOVICH, SCAVELLO, STEFANO,
GREENLEAF, RAFFERTY, SCARNATI, SCHWANK, ALLOWAY AND
HUTCHINSON, MAY 28, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 28, 2015
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," providing
for delegation of functions necessary for the support of
nursing services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of May 22, 1951 (P.L.317,
No.69), known as The Professional Nursing Law, is amended by
adding a definition to read:
Section 2. Definitions.--When used in this act, the
following words and phrases shall have the following meanings
unless the context provides otherwise:
* * *
(16) "Delegate" or "delegation" means the transfer of
responsibility for the performance of a task or function from
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the professional nurse to another individual who may or may not
be a health care provider, licensed or unlicensed, while
retaining accountability for the outcome.
Section 2. The act is amended by adding a section to read:
Section 4.2. Delegation of Functions.--(a) A registered
nurse may delegate a function if all of the following conditions
are met:
(1) The delegation is consistent with the scope and
standards of acceptable nursing practice as defined by license
or certificate or otherwise authorized by law.
(2) The delegation is not prohibited by statute or
regulation, including regulations promulgated by the board.
(3) The registered nurse has knowledge that the individual
to whom the function is being delegated has the requisite
education, training, experience and continued competency to
safely perform the delegated function.
(4) The registered nurse has determined that the delegation
does not create an undue risk to the patient.
(b) A registered nurse shall be responsible for the
delegated function in accordance with subsection (a). A
registered nurse's responsibility for the delegated task is not
limited by any provisions of this section.
(c) A registered nurse may not delegate a task that:
(1) requires knowledge and skill beyond the validated
competencies of the individual to whom the function is being
delegated; or
(2) the registered nurse is not educated, trained and
competent to perform.
(d) Nothing in this section may be construed as limiting the
authority of a physician to delegate as contained within the act
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of December 20, 1985 (P.L.457, No.112), known as the "Medical
Practice Act of 1985."
(e) Within 180 days of the effective date of this section,
the board shall promulgate regulations that establish criteria
pursuant to which a registered nurse may delegate the
performance of nursing functions.
Section 3. This act shall take effect in 60 days.
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