PRIOR PRINTER'S NO. 3645 PRINTER'S NO. 4111
No. 2584 Session of 2000
INTRODUCED BY GODSHALL, BAKER, BARD, BARRAR, BELARDI, BUNT,
BUXTON, M. COHEN, FRANKEL, HALUSKA, HASAY, HESS, HORSEY,
LEDERER, MAYERNIK, McCALL, MELIO, S. MILLER, MUNDY, NAILOR,
PETRARCA, PETRONE, PIPPY, PISTELLA, RAMOS, RUBLEY, SEYFERT,
B. SMITH, SOLOBAY, STABACK, STERN, STEVENSON, TRAVAGLIO,
WILT, WOJNAROSKI, YOUNGBLOOD, DALLY, DAILEY, E. Z. TAYLOR,
McGILL, L. I. COHEN AND J. TAYLOR, JUNE 6, 2000
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 11, 2000
AN ACT
1 Amending the act of May 22, 1951 (P.L.317, No.69), entitled, as
2 amended, "An act relating to the practice of professional
3 nursing; providing for the licensing of nurses and for the
4 revocation and suspension of such licenses, subject to
5 appeal, and for their reinstatement; providing for the
6 renewal of such licenses; regulating nursing in general;
7 prescribing penalties and repealing certain laws," regulating
8 the practice and licensure of dietetics and nutrition;
9 further providing for penalties; and making an appropriation.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2 of the act of May 22, 1951 (P.L.317,
13 No.69), known as The Professional Nursing Law, is amended by
14 adding clauses to read:
15 Section 2. Definitions.--When used in this act, the
16 following words and phrases shall have the following meanings
17 unless the context provides otherwise:
18 * * *
1 (7) The "Practice of dietetics-nutrition" means the
2 integration and application of principles derived from the
3 sciences of food nutrition, biochemistry, physiology, management
4 and behavior to provide for all aspects of nutrition therapy for
5 individuals and groups, including nutrition therapy services and
6 medical nutrition therapy, COMPATIBLE WITH DIETITIAN- <--
7 NUTRITIONIST EDUCATION AND PROFESSIONAL COMPETENCE.
8 (8) "Department" means the Department of State of the
9 Commonwealth.
10 (9) "Dietitian-nutritionist," "Dietitian" or "Nutritionist" <--
11 means a person licensed under this act.
12 (9) "LICENSED DIETITIAN-NUTRITIONIST" MEANS A DIETITIAN- <--
13 NUTRITIONIST WHO HOLDS A CURRENT LICENSE UNDER THIS ACT.
14 (10) "Medical nutrition therapy" means the component of
15 nutrition therapy that concerns determining and recommending
16 nutrient needs based on nutritional assessment and medical
17 problems relative to diets prescribed by a licensed physician
18 including:
19 (i) tube feedings;
20 (ii) specialized intravenous solutions;
21 (iii) specialized oral solutions; and
22 (iv) interactions of prescription drugs with food or
23 nutrients.
24 (11) "Nutrition therapy services" means assessing the
25 nutritional needs of individuals and groups, considering the
26 resources and constraints in the practice setting, providing
27 nutrition counseling in health and disease, developing,
28 implementing and managing:
29 (i) nutrition therapy of; and
30 (ii) food service systems for
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1 individuals and groups and maintaining appropriate standards of
2 quality in food and nutrition therapy services for individuals
3 and groups.
4 Section 2. Sections 2.1 and 2.2 of the act, amended or added
5 December 20, 1985 (P.L.409, No.109), are amended to read:
6 Section 2.1. State Board of Nursing.--(a) The State Board
7 of Nursing shall consist of the Commissioner of Professional and
8 Occupational Affairs, three members appointed by the Governor,
9 with the advice and consent of a majority of the members elected
10 to the Senate, who shall be persons representing the public at
11 large, and [seven] nine members appointed by the Governor, with
12 the advice and consent of a majority of the members elected to
13 the Senate, five of whom shall be registered nurses, graduated
14 from schools of nursing where practical and theoretical
15 instruction is given, at least three of whom shall possess
16 Masters' degrees in nursing, [and] two of whom shall be licensed
17 practical nurses, and two of whom shall be dietitians- <--
18 nutritionists chosen from a list submitted by the Pennsylvania
19 Dietetic Association of names and addresses of qualified
20 dietitians-nutritionists willing to serve on the Board and
21 licensed to practice in this Commonwealth, except that those
22 first appointed shall be qualified to receive licensure under
23 the terms of this act, provided they have had at least five
24 years' working experience in this Commonwealth as dietitians-
25 nutritionists immediately preceding appointment, LICENSED <--
26 DIETITIAN-NUTRITIONISTS, and all of whom shall have been engaged
27 in nursing or the practice of dietetics-nutrition in this
28 Commonwealth for the five-year period immediately preceding
29 appointment. THE DIETITIAN-NUTRITIONIST MEMBERS OF THE BOARD <--
30 INITIALLY APPOINTED NEED NOT BE LICENSED BY THE LICENSURE
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1 EXAMINATION ADOPTED BY THE BOARD BUT, AT THE TIME OF
2 APPOINTMENT, MUST HAVE SATISFIED THE EDUCATION AND EXPERIENCE
3 REQUIREMENTS OF THIS ACT FOR LICENSURE AS A DIETITIAN-
4 NUTRITIONIST. In making appointments to the Board, the Governor
5 shall give due consideration to providing representation from
6 diversified fields of nursing or dietetics-nutrition, including,
7 but not limited to, specialized nurses or dietitians- <--
8 nutritionists DIETITIAN-NUTRITIONISTS of all types. The persons <--
9 representing the public at large may not have a financial
10 interest in the provision of goods and services for dietitians- <--
11 nutritionists DIETITIAN-NUTRITIONISTS and may not be a <--
12 dietition-nutritionist or have a household member who is a
13 dietition-nutritionist.
14 (b) The terms of the members of the Board shall be six years
15 or until his or her successor has been appointed and qualified
16 but not longer than six months beyond the six-year period. In
17 the event that any of said members shall die or resign or
18 otherwise become disqualified during his or her term, his or her
19 successor shall be appointed in the same way and with the same
20 qualifications and shall hold office for the unexpired term. No
21 member shall be eligible for appointment to serve more than two
22 consecutive terms.
23 (c) A majority of the members of the Board serving in
24 accordance with law shall constitute a quorum. Except for
25 temporary and automatic suspensions under section 15.1 of this
26 act or section 17.1 of the act of March 2, 1956 (1955 P.L.1211,
27 No.376), known as the "Practical Nurse Law," a member may not be
28 counted as part of a quorum or vote on any issue, unless he or
29 she is physically in attendance at the meeting.
30 (d) The Board shall select annually a chairman from among
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1 its members. The Board shall select an executive secretary who,
2 with the approval of the Commissioner of Professional and
3 Occupational Affairs, need not be a member of the Board.
4 (e) Each member of the Board, except the Commissioner of
5 Professional and Occupational Affairs, shall receive sixty
6 dollars ($60) per diem when actually attending to the work of
7 the Board. Members shall also receive the amount of reasonable
8 traveling, hotel and other necessary expenses incurred in the
9 performance of their duties in accordance with Commonwealth
10 regulations.
11 (f) The Board is subject to evaluation, review and
12 termination within the time and in the manner provided in the
13 act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
14 Act."
15 (g) A member of the Board who fails to attend three
16 consecutive meetings shall forfeit his or her seat unless the
17 Commissioner of Professional and Occupational Affairs, upon
18 written request from the member, finds that the member should be
19 excused from a meeting because of illness or the death of a
20 family member.
21 (h) A public member who fails to attend two consecutive
22 statutorily mandated training seminars in accordance with
23 section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
24 known as "The Administrative Code of 1929," shall forfeit his or
25 her seat unless the Commissioner of Professional and
26 Occupational Affairs, upon written request from the public
27 member, finds that the public member should be excused from a
28 meeting because of illness or the death of a family member.
29 (i) The Board, with the approval of the Commissioner of
30 Professional and Occupational Affairs, shall also appoint and
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1 fix the compensation of one or more State educational advisors
2 of schools of nursing and one or more State practice advisors,
3 who shall have the same qualifications as the nurse members of
4 the Board who hold Masters' degrees in nursing.
5 (j) The Board shall meet at least once every two months and
6 at such additional times as may be necessary to conduct the
7 business of the Board.
8 (k) The Board shall have the right and duty to establish
9 rules and regulations for the practice of professional nursing,
10 the practice of dietetics-nutrition and the administration of
11 this act. Copies of such rules and regulations shall be
12 available for distribution to the public.
13 Section 2.2. Communication with Licensees.--The Board shall
14 communicate with licensees on issues affecting the education,
15 practice and regulation of nursing or dietetics-nutrition on at
16 least an annual basis.
17 Section 3. The act is amended by adding a section to read:
18 Section 3.1. Dietitian-Nutritionist, Use of Title and <--
19 Abbreviation "L.D.N."; Credentials; Fraud.--Any person who holds
20 a license to practice dietetics-nutrition in this Commonwealth,
21 or who is maintained on inactive status in accordance with
22 section 11, shall have the right to use the title "dietitian-
23 nutritionist", "dietitian" or "nutritionist," and the
24 abbreviation "L.D.N." No other person shall engage in the
25 practice of dietetics-nutrition or use the title "dietitian-
26 nutritionist," "dietitian," "nutritionist" or the abbreviation
27 "L.D.N." to indicate that the person using the same is a
28 dietitian-nutritionist, dietitian or nutritionist. No person
29 shall sell or fraudulently obtain or fraudulently furnish any
30 dietetics, nutrition or food system management diploma, license,
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1 record, or registration or aid or abet therein.
2 SECTION 3.1. DIETITIAN-NUTRITIONIST LICENSE REQUIRED.--IT <--
3 SHALL BE UNLAWFUL FOR ANY INDIVIDUAL TO HOLD HIMSELF OR HERSELF
4 FORTH AS A LICENSED DIETITIAN-NUTRITIONIST UNLESS HE OR SHE
5 SHALL FIRST HAVE OBTAINED A LICENSED PURSUANT TO THIS ACT. ONLY
6 INDIVIDUALS WHO HAVE RECEIVED LICENSES AS LICENSED DIETITIAN-
7 NUTRITIONISTS PURSUANT TO THIS ACT MAY USE THE LETTERS "L.D.N."
8 IN CONNECTION WITH THEIR NAMES.
9 Section 4. Section 4 of the act, amended December 20, 1985 <--
10 (P.L.409, No.109), is amended to read:
11 Section 4. Unauthorized Practices; Acts not Prohibited.--
12 This act confers no authority to practice dentistry, podiatry,
13 optometry, chiropractic, medicine or surgery, nor does it
14 prohibit--
15 (1) Home care of the sick by friends, domestic servants,
16 nursemaids, companions, or household aides of any type, so long
17 as such persons do not represent or hold themselves out to be
18 licensed nurses, licensed registered nurses, or registered
19 nurses; or use in connection with their names, any designation
20 tending to imply that they are licensed to practice under the
21 provisions of this act nor services rendered by any physicians,
22 osteopaths, dentists or chiropractors, podiatrists,
23 optometrists, or any person licensed pursuant to the act of
24 March 2, 1956 (P.L.1211, No.376), known as the "Practical Nurse
25 Law."
26 (2) Care of the sick, with or without compensation or
27 personal profit, when done solely in connection with the
28 practice of the religious tenets of any church by adherents
29 thereof.
30 (3) The practice of professional nursing by a person
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1 temporarily in this Commonwealth licensed by another state,
2 territory or possession of the United States or a foreign
3 country, in compliance with an engagement made outside of this
4 Commonwealth, which engagement requires that such person
5 accompany and care for a patient while temporarily in this
6 Commonwealth: Provided, however, That said engagement shall not
7 be of more than six (6) months' duration.
8 (4) The practice of professional nursing, pursuant to a
9 temporary practice permit, by a graduate of an approved program
10 of professional nursing in Pennsylvania or any other state,
11 working under qualified supervision, during the period not to
12 exceed one (1) year between completion of his or her program and
13 notification of the results of a licensing examination taken by
14 such person, and during such additional period as the Board may
15 in each case especially permit.
16 (5) The practice of professional nursing, pursuant to a
17 temporary practice permit, by a person who holds a current
18 license or other evidence of the right to practice professional
19 nursing, as that term is defined in this act, issued by any
20 other state, territory or possession of the United States or the
21 Dominion of Canada, during the period that an application filed
22 by such person for licensure in Pennsylvania is pending before
23 the Board, but not for a period of more than one (1) year and
24 during such additional period as the Board may in each case
25 especially permit.
26 (6) The practice of professional nursing, within the
27 definition of this act, by any person when such person is
28 engaged in the practice of nursing as an employee of the United
29 States.
30 (7) Engaging in the profession or occupation for which a
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1 person is licensed in accordance with the provisions of another
2 law of this Commonwealth.
3 (8) Furnishing general nutrition information on food, food
4 materials or dietary supplements by a person who does not hold
5 himself out to be a dietitian-nutritionist, dietitian or
6 nutritionist.
7 (9) Engaging in the explanation to customers about foods or
8 food products in connection with the marketing and distribution
9 of these products.
10 (10) Participating in the practice of dietetics-nutrition as
11 part of a program by a student enrolled in an approved
12 dietetics-nutrition education program recognized by the Board.
13 (11) Discharging official duties by a person employed by an
14 agency, bureau or division of the Federal Government, or bound
15 by the regulations of the Federal Government: Provided, however,
16 That if the person engages in the practice of dietetics-
17 nutrition in this Commonwealth outside the scope of official
18 duty, the person must be licensed as provided in this act.
19 (12) Activities and services of food service directors,
20 other food service management personnel, and educators in
21 elementary or secondary schools, or accredited degree granting
22 educational institutions. This exemption shall apply only to the
23 duties performed by the person when engaged in that capacity.
24 (13) Assisting a licensed dietitian-nutritionist under their
25 direct and personal supervision, by an employee who is not
26 required to be licensed under this act.
27 (14) Providing food and services embodying accurate
28 nutrition information for a day-care provider, church, nursery
29 school, kindergarten, elementary school or secondary school,
30 which does not provide more than one full meal per day, by a
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1 person who is not required to be licensed under this act.
2 (15) Providing food and nutrition services to needy persons
3 through a nonprofit soup kitchen, food bank or food cupboard or
4 similar program by a person who is not required to be licensed
5 under this act.
6 Section 5 4. Section 5 of the act, amended or added December <--
7 20, 1985 (P.L.409, No.109) and December 15, 1986 (P.L.1607,
8 No.179), is amended to read:
9 Section 5. Examinations and Certificates.--(a) The Board
10 shall, once every year and at such other times and under such
11 conditions as shall be provided by its regulations, examine all
12 eligible applicants for licensure; and shall, subject to the
13 provisions of section 6 of this act, issue a license to each
14 person passing said examination to the satisfaction of the
15 Board.
16 (b) The Board may admit to examination any person who has
17 satisfactorily completed an approved nursing education program
18 for the preparation of registered professional nurses or an
19 approved dietetics-nutrition education program in Pennsylvania
20 or such a program in any other state, territory or possession of
21 the United States, considered by the Board to be equivalent to
22 that required in this Commonwealth at the time such program was
23 completed, and who meets the requirements of character and
24 preliminary education.
25 (c) The Board may admit to examination any person who has
26 satisfactorily completed a nursing education program for the
27 preparation of registered professional nurses or an approved
28 dietetics-nutrition education program in a country or territory
29 not mentioned above who has been licensed, registered, or duly
30 recognized there as a professional nurse, dietitian-
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1 nutritionist, dietitian or nutritionist provided such a program
2 is considered by the Board to be equal to that required in this
3 Commonwealth at the time such program was completed and who
4 meets the requirements of character and preliminary education.
5 (d) In establishing the education requirements for
6 admittance to the nursing licensure examination under this
7 section, the Board shall not deny access to the examination for
8 licensure as a registered nurse to a graduate of a State-
9 approved associate degree, diploma or baccalaureate degree
10 nursing program.
11 (e) In establishing the education requirements for <--
12 admittance to the dietitian-nutritionist licensure examination
13 under this section, the Board shall not deny access to the
14 examination for licensure as a dietitian-nutritionist to a
15 graduate of a State-approved baccalaureate or higher degree
16 dietetics-nutrition program.
17 (f) The examination for dietetics-nutrition licensure shall
18 test the person's knowledge of the basic and clinical sciences
19 relating to dietetics-nutrition theory and practice, including
20 the person's professional skill and judgment in the utilization
21 of dietetics-nutrition techniques and methods, and other
22 subjects as the Board considers useful to determine the person's
23 fitness to practice.
24 (g) (E) A person who meets the requirements of section 6, <--
25 and who, in addition, has been engaged in the practice of
26 dietetics-nutrition for a period of three (3) years during the <--
27 ten (10) FIVE (5) YEARS DURING THE SEVEN (7) years immediately <--
28 preceding the effective date of this section SUBSECTION, or a <--
29 person who provides evidence of current registration as a
30 Registered Dietitian-Nutritionist by the Commission of Dietetic
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1 Registration of the American Dietetic Association, shall be
2 considered to meet the requirements of this act. This person
3 shall be licensed without the necessity of taking the
4 examination if an application is made to the Board within six <--
5 (6) months ONE (1) YEAR of the effective date of this section <--
6 SUBSECTION and the appropriate fee is paid. <--
7 Section 6 5. Section 6 of the act, amended December 15, 1986 <--
8 (P.L.1607, No.179), is amended to read:
9 Section 6. Fees; Qualifications for Licensure.--(a) No
10 application for licensure as a registered nurse shall be
11 considered unless accompanied by a fee determined by the Board
12 by regulation. Every applicant, to be eligible for examination
13 for licensure as a registered nurse, shall furnish evidence
14 satisfactory to the Board that he or she is of good moral
15 character, has completed work equal to a standard high school
16 course as evaluated by the Board and has satisfactorily
17 completed an approved program of professional nursing. Approved
18 programs shall include baccalaureate degree, associate degree
19 [and], diploma nursing programs AND PROGRAMS IN TRANSITION FROM <--
20 APPROVED DIPLOMA TO DEGREE GRANTING PROGRAMS WHEN ALL OTHER
21 REQUIREMENTS OF THE BOARD HAVE BEEN MET.
22 (b) No application for licensure as a dietitian-nutritionist <--
23 shall be considered unless accompanied by a fee determined by
24 the Board by regulation. Every applicant, to be eligible for
25 examination for licensure as a dietitian-nutritionist, shall
26 furnish evidence satisfactory to the Board that he or she is of
27 good moral character, has completed work equal to a standard
28 high school course as evaluated by the Board and has
29 satisfactorily completed an approved program of dietetics-
30 nutrition. Approved programs for dietetics-nutrition shall
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1 include a baccalaureate or higher degree program from a
2 regionally accredited college or university, including a major
3 course of study in human nutrition, food and nutrition,
4 nutrition education, dietetics or food systems management. An
5 applicant for dietetics-nutrition licensure shall also have
6 completed a planned continuous pre-professional experience
7 component in dietetic practice of not less than nine hundred
8 (900) hours under the supervision of a registered dietitian, a
9 dietitian-nutritionist licensed under this act or an individual
10 with a doctoral degree conferred by a regionally accredited
11 college or university in the United States with a major course
12 of study in human nutrition, food and nutrition, nutrition
13 education, dietetics or food systems management and have
14 satisfactorily completed an examination approved by the Board or
15 provide evidence of certification by the American College of
16 Nutrition or the Certification Board for Nutrition Specialists.
17 (B) AN APPLICANT APPLYING FOR LICENSURE AS A DIETITIAN- <--
18 NUTRITIONIST SHALL SUBMIT A WRITTEN APPLICATION ON FORMS
19 PROVIDED BY THE BOARD EVIDENCING AND INSURING TO THE
20 SATISFACTION OF THE BOARD THAT THE APPLICANT:
21 (1) IS OF GOOD MORAL CHARACTER.
22 (2) HAS RECEIVED A BACCALAUREATE OR HIGHER DEGREE FROM A
23 BOARD APPROVED, REGIONALLY ACCREDITED COLLEGE OR UNIVERSITY,
24 INCLUDING A MAJOR COURSE OF STUDY IN HUMAN NUTRITION, FOOD AND
25 NUTRITION, DIETETICS OR FOOD SYSTEMS MANAGEMENT.
26 (3) HAS COMPLETED A PLANNED CONTINUOUS PREPROFESSIONAL
27 EXPERIENCE COMPONENT IN DIETETIC PRACTICE OF NOT LESS THAN NINE
28 HUNDRED (900) HOURS UNDER THE SUPERVISION OF A REGISTERED
29 DIETITIAN, A DIETITIAN-NUTRITIONIST LICENSED UNDER THIS ACT OR
30 AN INDIVIDUAL WITH A DOCTORAL DEGREE CONFERRED BY A REGIONALLY
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1 ACCREDITED COLLEGE OR UNIVERSITY IN THE UNITED STATES WITH A
2 MAJOR COURSE OF STUDY IN HUMAN NUTRITION, FOOD AND NUTRITION,
3 NUTRITION EDUCATION, DIETETICS OR FOOD SYSTEMS MANAGEMENT AS
4 APPROVED BY THE BOARD.
5 (4) HAS SATISFACTORILY COMPLETED AN EXAMINATION APPROVED BY
6 THE BOARD. THE BOARD SHALL CONTRACT WITH A PROFESSIONAL TESTING
7 ORGANIZATION FOR THE EXAMINATION OF QUALIFIED APPLICANTS FOR
8 LICENSURE. ALL WRITTEN, ORAL AND PRACTICAL EXAMINATIONS SHALL BE
9 PREPARED AND ADMINISTERED BY A QUALIFIED AND APPROVED
10 PROFESSIONAL TESTING ORGANIZATION IN THE MANNER PRESCRIBED FOR
11 WRITTEN EXAMINATIONS BY SECTION 812.1 OF THE ACT OF APRIL 9,
12 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF
13 1929."
14 (c) The Board shall not issue a license or certificate to an
15 applicant who has been convicted of a felonious act prohibited
16 by the act of April 14, 1972 (P.L.233, No.64), known as "The
17 Controlled Substance, Drug, Device and Cosmetic Act," or
18 convicted of a felony relating to a controlled substance in a
19 court of law of the United States or any other state, territory
20 or country unless:
21 (1) at least ten (10) years have elapsed from the date of
22 conviction;
23 (2) the applicant satisfactorily demonstrates to the Board
24 that he has made significant progress in personal rehabilitation
25 since the conviction such that licensure of the applicant should
26 not be expected to create a substantial risk of harm to the
27 health and safety of patients or the public or a substantial
28 risk of further criminal violations; and
29 (3) the applicant otherwise satisfies the qualifications
30 contained in or authorized by this act.
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1 As used in this subsection the term "convicted" shall include a
2 judgment, an admission of guilt or a plea of nolo contendere. An
3 applicant's statement on the application declaring the absence
4 of a conviction shall be deemed satisfactory evidence of the
5 absence of a conviction, unless the Board has some evidence to
6 the contrary.
7 Section 7 6. Sections 7, 8, 11, 11.1 and 13 of the act, <--
8 amended or added December 20, 1985 (P.L.409, No.109), are
9 amended to read:
10 Section 7. Graduates of Schools of Other States, Territories
11 or Dominion of Canada.--(a) The Board may issue a license
12 without examination to a graduate of a school of nursing or a
13 dietetics-nutrition program who has completed a course of study
14 in nursing or dietetics-nutrition considered by the Board to be
15 equivalent to that required in this State at the time such
16 course was completed, and who is registered or licensed by
17 examination in any other state, or territory of the United
18 States or the Dominion of Canada, and who has met all the
19 foregoing requirements as to character, and preliminary
20 education.
21 (b) The Board may issue a certification to registered nurse
22 practitioners who have completed a course of study considered by
23 the Board to be equivalent to that required in this State at the
24 time such course was completed or who is licensed or certified
25 by another state, territory or possession of the United States
26 or a foreign country as deemed equivalent to Pennsylvania's
27 certification requirements in accordance with the joint rules
28 and regulations of the Boards of Nursing and Medicine.
29 Section 8. Persons Entitled to Practice.--(a) The Board
30 shall issue to each person who meets the professional nursing
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1 licensure requirements of this act, a certificate setting forth
2 that such person is licensed to engage in the practice of
3 professional nursing and entitled to use the title "registered
4 nurse" and the letters "R.N."
5 (b) The Board shall issue to each person who meets the
6 dietitian-nutritionist licensure requirements of this act, a
7 certificate setting forth that such person is licensed to engage <--
8 in the practice of dietetics-nutrition AS A DIETITIAN- <--
9 NUTRITIONIST and entitled to use the title "dietitian-
10 nutritionist," "dietition" or "nutritionist" and the letters
11 "L.D.N." A record of all persons licensed to practice as <--
12 dietitions-nutritionists AS DIETITION-NUTRITIONISTS, dietitians <--
13 or nutritionists in this Commonwealth shall be kept in the
14 office of the Board and shall be open to public inspection and
15 copying upon payment of a nominal fee for copying the record.
16 Section 11. Licenses; Duration; Renewal Fee; Inactive
17 Status.--(a) Licenses issued pursuant to this act shall expire
18 on the thirty-first day of October of each biennium, or on such
19 other biennial expiration date as may be established by
20 regulation of the Board. Application for renewal of a license
21 shall biennially be forwarded to each registrant holding a
22 current license prior to the expiration date of the current
23 renewal biennium. The application form may be completed and
24 returned to the Board, accompanied by the required fee as
25 determined by the Board by regulation; upon approval of each
26 application, the applicant shall receive a renewal of license.
27 (b) Any registrant licensed under this act may request an
28 application for inactive status. The application form may be
29 completed and returned to the Board. Upon receipt of each
30 application, the applicant shall be maintained on inactive
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1 status without fee and shall be entitled to apply at any time.
2 Any person who requests an active status license who has been on
3 inactive status for a period of five (5) consecutive years shall
4 prior to receiving an active license satisfy the requirements of
5 the Board's regulations for ensuring continued competence and
6 remit the required fee. A person shall not be denied active
7 status as a result of any increased educational requirements for
8 licensure since the time he or she received his or her original
9 license.
10 (c) A dietetics-nutrition license issued under this act
11 shall not be renewed unless the licensee applying for renewal
12 submits proof to the Board that, during the two (2) calendar
13 years immediately preceding the application for renewal, the
14 licensee has satisfactorily completed a minimum of thirty (30)
15 hours of continuing dietetic-nutrition education approved by the
16 Board BY REGULATION. <--
17 Section 11.1. Reporting of Multiple Licensure.--Any licensed
18 professional nurse or dietitian-nutritionist of this
19 Commonwealth who is also licensed to practice nursing or
20 dietetics-nutrition in any other state, territory, possession or
21 country shall report this information to the Board on the
22 biennial registration application. Any disciplinary action taken
23 in other states shall be reported to the Board on the biennial
24 registration application or within ninety (90) days of final
25 disposition, whichever is sooner. Multiple licensure shall be
26 noted by the Board on the [nurse's] licensee's record, and such
27 state, territory, possession or country shall be notified by the
28 Board of any disciplinary actions taken against said [nurse]
29 licensee in this Commonwealth.
30 Section 13. Punishment for Violations.--(a) Any person, or
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1 the responsible officers or employees of any corporation,
2 copartnership, institution or association violating any of the
3 provisions of this act, or any rule or regulation of the Board,
4 commits a misdemeanor and, upon conviction thereof, shall be
5 sentenced to pay a fine of not more than one thousand dollars
6 ($1,000), or undergo imprisonment for not more than six (6)
7 months for the first violation. On the second and each
8 subsequent conviction, he shall be sentenced to pay a fine of
9 not more than two thousand dollars ($2,000), or undergo
10 imprisonment for not less than six (6) months or more than one
11 (1) year in jail, or both.
12 (b) In addition to any other civil remedy or criminal
13 penalty provided for in this act, the Board, by a vote of the
14 majority of the maximum number of the authorized membership of
15 the Board as provided by law or by a vote of the majority of the
16 duly qualified and confirmed membership or a minimum of five (5)
17 members, whichever is greater, may levy a civil penalty of up to
18 one thousand dollars ($1,000) on any current licensee who
19 violates any provision of this act or on any person who
20 practices nursing or dietetics-nutrition HOLDS HIMSELF OR <--
21 HERSELF FORTH AS A LICENSED DIETITIAN-NUTRITIONIST without being
22 properly licensed to do so under this act or on the responsible
23 officers or employes of any corporation, copartnership,
24 institution or association violating any of the provisions of
25 this act. The Board shall levy this penalty only after affording
26 the accused party the opportunity for a hearing, as provided in
27 Title 2 of the Pennsylvania Consolidated Statutes (relating to
28 administrative law and procedure).
29 Section 8 7. Section 14 of the act, amended December 20, <--
30 1985 (P.L.409, No.109) and May 27, 1994 (P.L.248, No.35), is
20000H2584B4111 - 18 -
1 amended to read:
2 Section 14. Refusal, Suspension or Revocation of Licenses.--
3 (a) The Board may refuse, suspend or revoke any license in any
4 case where the Board shall find that--
5 (1) The licensee is on repeated occasions negligent or
6 incompetent in the practice of professional nursing or
7 dietetics-nutrition.
8 (2) The licensee is unable to practice professional nursing
9 with reasonable skill and safety to patients by reason of mental
10 or physical illness or condition or physiological or
11 psychological dependence upon alcohol, hallucinogenic or
12 narcotic drugs or other drugs which tend to impair judgment or
13 coordination, so long as such dependence shall continue. In
14 enforcing this clause (2), the Board shall, upon probable cause,
15 have authority to compel a licensee to submit to a mental or
16 physical examination as designated by it. After notice, hearing,
17 adjudication and appeal as provided for in section 15, failure
18 of a licensee to submit to such examination when directed shall
19 constitute an admission of the allegations against him or her
20 unless failure is due to circumstances beyond his or her
21 control, consequent upon which a default and final order may be
22 entered without the taking of testimony or presentation of
23 evidence. A licensee affected under this paragraph shall at
24 reasonable intervals be afforded an opportunity to demonstrate
25 that he or she can resume a competent practice of professional
26 nursing with reasonable skill and safety to patients.
27 (2.1) The licensee is unable to practice dietetics-nutrition
28 with reasonable skill and safety to individuals or groups by
29 reason of mental or physical illness or condition or
30 physiological or psychological dependence upon alcohol,
20000H2584B4111 - 19 -
1 hallucinogenic or narcotic drugs or other drugs which tend to
2 impair judgment or coordination, so long as such dependence
3 shall continue. In enforcing this clause (2.1), the Board shall,
4 upon probable cause, have authority to compel a licensee to
5 submit to a mental or physical examination as designated by it.
6 After notice, hearing, adjudication and appeal as provided for
7 in section 15, failure of a licensee to submit to such
8 examination when directed shall constitute an admission of the
9 allegations against him or her unless failure is due to
10 circumstances beyond his or her control, consequent upon which a
11 default and final order may be entered without the taking of
12 testimony or presentation of evidence. A licensee affected under
13 this paragraph shall at reasonable intervals be afforded an
14 opportunity to demonstrate that he or she can resume a competent
15 practice of dietetics-nutrition with reasonable skill and safety
16 to individuals or groups.
17 (3) The licensee has wilfully or repeatedly violated any of
18 the provisions of this act or of the regulations of the Board.
19 (4) The licensee has committed fraud or deceit in:
20 (i) the practice of nursing, or in securing his or her
21 admission to such practice or nursing school; or
22 (ii) the practice of dietetics-nutrition, or in securing his
23 or her admission to such practice or dietetics-nutrition school <--
24 LICENSE AS A DIETITIAN-NUTRITIONIST. <--
25 (5) The licensee has been convicted, or has pleaded guilty,
26 or entered a plea of nolo contendere, or has been found guilty
27 by a judge or jury, of a felony or a crime of moral turpitude,
28 or has received probation without verdict, disposition in lieu
29 of trial or an Accelerated Rehabilitative Disposition in the
30 disposition of felony charges, in the courts of this
20000H2584B4111 - 20 -
1 Commonwealth, the United States or any other state, territory,
2 possession or country.
3 (6) The licensee has his or her license suspended or revoked
4 or has received other disciplinary action by the proper
5 licensing authority in another state, territory, possession or
6 country.
7 (7) The licensee has acted in such a manner as to present an
8 immediate and clear danger to the public health or safety.
9 (8) The licensee possessed, used, acquired or distributed a
10 controlled substance or caution legend drug for other than an
11 acceptable medical purpose.
12 (9) The licensee has been guilty of immoral or
13 unprofessional conduct. Unprofessional conduct shall include
14 departure from or failing to conform to an ethical or quality
15 standard of the profession. The ethical and quality standards of
16 the profession are those embraced by the professional community
17 in this Commonwealth. In proceedings based on this clause,
18 actual injury to a patient or individual or group need not be
19 established.
20 (b) When the Board finds that the license of any nurse or
21 dietitian-nutritionist may be refused, revoked or suspended
22 under the terms of subsection (a), the Board may:
23 (1) Deny the application for a license.
24 (2) Administer a public reprimand.
25 (3) Revoke, suspend, limit or otherwise restrict a license
26 as determined by the Board.
27 (4) Require a licensee to submit to the care, counseling or
28 treatment of a physician or a psychologist designated by the
29 Board.
30 (5) Suspend enforcement of its finding thereof and place a
20000H2584B4111 - 21 -
1 licensee on probation with the right to vacate the probationary
2 order for noncompliance.
3 (6) Restore or reissue, in its discretion, a suspended
4 license to practice professional or practical nursing or
5 dietetics-nutrition and impose any disciplinary or corrective
6 measure which it might originally have imposed.
7 Section 9 8. Section 14.1 of the act, added December 20, <--
8 1985 (P.L.409, No.109), is amended to read:
9 Section 14.1. Impaired [Nurses] Professionals Program.--(a)
10 The Board, with the approval of the Commissioner of Professional
11 and Occupational Affairs, shall appoint and fix the compensation
12 of a professional consultant who is a licensee of the Board with
13 education and experience in the identification, treatment and
14 rehabilitation of persons with physical or mental impairments.
15 Such consultant shall be accountable to the Board and shall act
16 as a liaison between the Board and treatment programs, such as
17 alcohol and drug treatment programs licensed by the Department
18 of Health, psychological counseling and impaired [nurses]
19 professionals support groups approved by the Board and which
20 provide services to [nursing] licensees under this act.
21 (b) The Board may defer and ultimately dismiss any of the
22 types of corrective action set forth in this act for an impaired
23 professional so long as the licensee is progressing
24 satisfactorily in an approved treatment program, provided that
25 the provisions of this subsection shall not apply to a licensee
26 who has been convicted of, pleaded guilty to or entered a plea
27 of nolo contendere to a felonious act prohibited by the act of
28 April 14, 1972 (P.L.233, No.64), known as "The Controlled
29 Substance, Drug, Device and Cosmetic Act," or the conviction of
30 a felony relating to a controlled substance in a court of law of
20000H2584B4111 - 22 -
1 the United States or any other state, territory or country. An
2 approved program provider shall, upon request, disclose to the
3 consultant such information in its possession regarding an
4 impaired [nurse] professional in treatment which the program
5 provider is not prohibited from disclosing by an act of this
6 Commonwealth, another state or the United States. Such
7 requirement of disclosure by an approved program provider shall
8 apply in the case of impaired professionals who enter an
9 agreement in accordance with this section, impaired
10 professionals who are the subject of a Board investigation or
11 disciplinary proceeding and impaired professionals who
12 voluntarily enter a treatment program other than under the
13 provisions of this section but who fail to complete the program
14 successfully or to adhere to an after-care plan developed by the
15 program provider.
16 (c) An impaired professional who enrolls in an approved
17 treatment program shall enter into an agreement with the Board
18 under which the professional's license shall be suspended or
19 revoked but enforcement of that suspension or revocation may be
20 stayed for the length of time the professional remains in the
21 program and makes satisfactory progress, complies with the terms
22 of the agreement, and adheres to any limitations on his practice
23 imposed by the Board to protect the public. Failure to enter
24 into such an agreement shall disqualify the [nurse] professional
25 from the impaired [nurse] professional program and shall
26 activate an immediate investigation and disciplinary proceeding
27 by the Board.
28 (d) If, in the opinion of such consultant after consultation
29 with the provider, an impaired [nurse] professional who is
30 enrolled in an approved treatment program has not progressed
20000H2584B4111 - 23 -
1 satisfactorily, the consultant shall disclose to the Board all
2 information in his or her possession regarding such [nurse]
3 professional, and the Board shall institute proceedings to
4 determine if the stay of the enforcement of the suspension or
5 revocation of the impaired professional's license shall be
6 vacated.
7 (e) An approved program provider who makes a disclosure
8 pursuant to this section shall not be subject to civil liability
9 for such disclosure or its consequences.
10 (f) Any hospital or health care facility, peer or colleague
11 who has substantial evidence that a [nurse] professional has an
12 active addictive disease for which the professional is not
13 receiving treatment, is diverting a controlled substance or is
14 mentally or physically incompetent to carry out the duties of
15 his license shall make or cause to be made a report to the
16 Board: Provided, That any person or facility who acts in a
17 treatment capacity to impaired [nurses] professionals in an
18 approved treatment program is exempt from the mandatory
19 reporting requirement of this subsection. Any person or facility
20 who reports pursuant to this section in good faith and without
21 malice shall be immune from any civil or criminal liability
22 arising from such report. Failure to provide such report within
23 a reasonable time from receipt of knowledge of impairment shall
24 subject the person or facility to a fine not to exceed one
25 thousand dollars ($1,000). The Board shall levy this penalty
26 only after affording the accused party the opportunity for a
27 hearing, as provided in Title 2 of the Pennsylvania Consolidated
28 Statutes (relating to administrative law and procedure).
29 Section 10 9. Sections 15.2 and 15.4 of the act, added <--
30 December 20, 1985 (P.L.409, No.109), are amended to read:
20000H2584B4111 - 24 -
1 Section 15.2. Reinstatement of License.--Unless ordered to
2 do so by Commonwealth Court or an appeal therefrom, the Board
3 shall not reinstate the license of a person to practice nursing
4 or dietetics-nutrition which has been revoked. Any person whose
5 license has been revoked may reapply for a license, after a
6 period of at least five (5) years, but must meet all of the
7 licensing qualifications of this act for the license applied
8 for, to include the examination requirement, if he or she
9 desires to practice at any time after such revocation.
10 Section 15.4. Injunction or Other Process.--It shall be
11 unlawful for any person to practice or attempt to offer to
12 practice nursing or dietetics-nutrition HOLD HIMSELF OR HERSELF <--
13 FORTH AS A LICENSED DIETITIAN-NUTRITIONIST, as defined in this
14 act, without having at the time of so doing a valid, unexpired,
15 unrevoked and unsuspended license issued under this act. The
16 unlawful practice of nursing or dietetics-nutrition as defined <--
17 in this act may be enjoined by the courts on petition of the
18 Board or the Commissioner of Professional and Occupational
19 Affairs. In any such proceeding, it shall not be necessary to
20 show that any person is individually injured by the actions
21 complained of. If it is determined that the respondent has
22 engaged in the unlawful practice of nursing or dietetics- <--
23 nutrition, the court shall enjoin him or her from so practicing
24 unless and until he or she has been duly licensed. Procedure in
25 such cases shall be the same as in any other injunction suit.
26 The remedy by injunction hereby given is in addition to any
27 other civil or criminal prosecution and punishment.
28 Section 11 10. The sum of $95,000, or as much thereof as may <--
29 be necessary, is hereby appropriated from the Professional
30 Licensure Augmentation Account in the General Fund to the Bureau
20000H2584B4111 - 25 -
1 of Professional and Occupational Affairs in the Department of
2 State for the operation of the State Board of Nursing for the
3 additional duties imposed by this act. The appropriation shall
4 be repaid by the board within three years of the beginning of
5 issuance of dietitian-nutritionist licenses by the board.
6 SECTION 11. THE STATE BOARD OF NURSING SHALL PROMULGATE ALL <--
7 REGULATIONS REQUIRED TO IMPLEMENT THIS ACT WITHIN TWO YEARS OF
8 THE EFFECTIVE DATE OF THIS ACT.
9 Section 12. This act shall take effect in 90 days.
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