PSNA has enjoyed the most successful legislative session in years. Thank you to our members who have contacted their State legislators in order to successfully advocate for the profession and your patients. As you can see from this robust list, they can hear you now!
Safe Staffing Resolution (HR 920). (Passed 173-29 and Enacted): This resolution directs the Joint State Government Commission to study the issue of professional bedside nurse staffing. The Commission will report to the House of Representatives with its findings and recommendations to implement changes in State laws, practices, policies and procedures related to safe nurse staffing.
Indoor Tanning Regulation (HB 1259). Now Act 41 of 2014, this legislation was signed into law on May 5, 2014. This requires tanning facilities to be registered with the Department of Health. The DOH may access any tanning facility to inspect and determine whether the facility is in compliance with this act. It is required that warning signs and statements regarding the dangers of UV radiation and safety precautions must be posted. Only tanning devices manufactured and certified under 21 CFR 1040.20 (relating to sunlamp products and ultraviolet lamps intended for use in sunlamp products) may be used in tanning facilities. Any person age 16 or younger is prohibited from using a tanning facility; written authorization from a parent or guardian is required for 17 year olds.
Medical Cannabis (SB 1182). (Passed Senate Law and Justice Committee): The Governor Raymond Shafer Compassionate Use of Medical Cannabis Act establishes the Medical Cannabis Board to oversee the distribution and use of medical cannabis in Pennsylvania. The legislation exempts from prosecution any person who carries a valid medical cannabis identification card and provides a rebuttable presumption that the carrier of such a card is engaged in the legal use of medical cannabis. The act provides the necessary requirements for an affirmative defense regarding the medical use of cannabis if prosecution is brought against a user and prohibits the use of medical cannabis to persons under the age of 18 except in certain enumerated circumstances. The bill provides exemption from prosecution for caregivers, medical professionals and certain persons in personal proximity to the valid user of medical cannabis. The board is tasked with creating a medical cannabis identification card and a central registry of cardholders. The process and procedure for application and receipt of the medical cannabis identification card are provided. The legislation exempts the central registry from the Right-to-Know law and provides for the establishment of Compassionate Care Centers for the distribution of medical cannabis. The centers shall be licensed and operated by a registered nurse, who is authorized by the board. The act also allows for commercial cannabis farmers, manufacturers and transporters. The legislation prohibits the operation of a motor vehicle, heavy machinery and other enumerated devices while using medical cannabis and further limits the locations where medical cannabis can be used. Reports by the board, sovereign immunity, and the duties of the Pennsylvania State Police are also detailed. Related repeals are made. Effective in 90 days.
Lyme Disease (SB 177). Act 83 of 2014, the Lyme and Related Tick-Borne Disease Surveillance, Education, Prevention and Treatment Act requires the Department of Health to establish a task force on Lyme Disease and related tick-borne diseases. The task force will investigate issues related to Lyme Disease and make recommendations to the DOH. The bill provides for composition and meetings of the task force and duties of the department. This is effective immediately.
Public School Code Amendment (SB 193). (In Senate for Concurrence of Amendment*): Effective immediately, this bill amends the Public School Code in school health services. It requires school nurses hired after July 1, 2011 to be CPR certified. Nurses already hired and not certified by that date must become certified within one year of July 1, 2014. The certification course must be approved by the Department of Health. PSNA and other stakeholder groups successfully removed amendments mandating diabetes delegation language to non-medical professionals.
Opioid Prescription Drugs (HR 659). (Passed 200-0 and Enacted): This resolution establishes a task force on opioid prescription drug proliferation, creates an advisory committee and studies its impact on heroin use in the Commonwealth. It requires the Joint State Government Commission to be directed to recommend guidelines for prescribers within 60 days of the formation of the advisory committee. It also requires the task force and advisory committee to report to the General Assembly with suggested legislative and regulatory changes within one year of the adoption of the resolution. PSNA is part of this task force.
Whistleblower (HB 118). (Headed to Governor’s Desk): This bill amends the Whistleblower Law to add a the following to the definition of “employer”: public body or individual; partnership; association; for profit or non-profit corporation. Whistleblower protection is extended to an employee who makes a good faith report or is about to report waste stemming from a public body or other employer. The penalty for violation is increased to $10,000 and a maximum seven years suspension from public service. This recognizes the Inspector General as an appropriate authority, and stipulates an appropriate authority may not disclose the identity of a whistleblower without the whistleblower’s consent unless disclosure is unavoidable in the investigation of the alleged violation. Effective in 60 days.
Whistleblower (HB 185). (Headed to Governor’s Desk): This bill amends the Whistleblower Law to include the General Assembly in the definition of “public body” and increases the maximum civil fine from $500 to $10,000. It recognizes the Inspector General as an appropriate authority, and stipulates an appropriate authority may not disclose the identity of a whistleblower without the whistleblower’s consent unless disclosure is unavoidable in the investigation of the alleged violation. Effective in 60 days.
* Concurrence of Amendments means a piece of legislation has passed both chambers and was amended in the non-originating chamber and sent back to original chamber with amendment. The original chamber then votes on whether or not to agree with the amendment(s) inserted.