Bill Text: PA HB1007 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for functions and duties of the board.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2011-03-14 - Referred to PROFESSIONAL LICENSURE [HB1007 Detail]

Download: Pennsylvania-2011-HB1007-Introduced.html

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PRINTER'S NO. 1097
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1007 Session of2011
INTRODUCED BY BISHOP, MURPHY, MURT, STABACK AND THOMAS, MARCH 14, 2011
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 14, 2011
AN ACT
Amending the act of June 22, 1970 (P.L.378, No.122), entitled
"An act concerning nursing homes; providing for the licensing
of persons charged with the general administration of such
homes; prescribing the powers and duties of the State Board
of Examiners of Nursing Home Administrators; fixing fees and
making certain acts unlawful," further providing for
functions and duties of the board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(b) and (c) of the act of June 22, 1970
(P.L.378, No.122), known as the Nursing Home Administrators
License Act, are amended to read:
Section 4. Functions and Duties of the Board.--* * *
(b) The board or any committee or member thereof, acting in
an official capacity, shall have the authority to issue
subpoenas, compel the attendance of witnesses, administer oaths
and take testimony concerning all matters within the
jurisdiction of the board. Such board shall not be bound by the
strict rules of evidence in the conduct of its proceedings but
any determinations made shall be founded upon sufficient legal
evidence to sustain them. The right of appeal from decisions of
the board shall be in accordance with [the provisions of the act
of June 4, 1945 (P.L.1388), known as the "Administrative Agency
Law."] 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and
procedure of Commonwealth agencies) and 7 Subch. A (relating to
judicial review of Commonwealth agency action).
(c) The board shall also have the authority to make rules
and regulations, not inconsistent with law, as may be necessary
for the proper performance of its duties, and to take such other
actions as may be necessary to enable the Commonwealth to meet
the requirements set forth in appropriate Federal law, and other
pertinent Federal authority. The rules, regulations and actions
authorized under this subsection shall address at least the
following:
(1) Treatment of nursing home occupants, including paying
attention to their complaints.
(2) Possession of occupants' possessions and removal of
belongings by theft or otherwise.
(3) Personal bank accounts of occupants.
(4) Accounting of occupants' retirement and Social Security
payments.
(5) Burial expenses, including prepayment requirements.
(6) Exercise of occupants, especially where needed for
health purposes.
(7) Proper attention to bed-ridden occupants to avoid
bedsores.
Section 2. This act shall take effect in 60 days.
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