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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY LOGAN, TARTAGLIONE, KITCHEN, FONTANA, STACK, RAFFERTY AND MUSTO, MARCH 20, 2009 |
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| REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 20, 2009 |
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| AN ACT |
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1 | Requiring certain staffing levels at health care facilities |
2 | providing renal dialysis services; and providing for powers |
3 | and duties of the Department of Health. |
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 Dialysis |
8 | Services Staffing 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 | "Dialysis." A process by which dissolved substances are |
15 | removed from a patient's body by diffusion from one fluid |
16 | compartment to another across a semipermeable membrane. |
17 | "End-stage renal disease" or "ESRD." That stage of renal |
18 | impairment that appears irreversible and permanent and requires |
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1 | a regular course of dialysis or kidney transplantation to |
2 | maintain life. |
3 | "ESRD facility." A health care facility which is approved to |
4 | furnish a type of end-stage renal disease service. |
5 | "Health care facility." As defined in section 802.1 of the |
6 | act of July 19, 1979 (P.L.130, No.48), known as the Health Care |
7 | Facilities Act. |
8 | Section 3. Staffing requirements. |
9 | (a) General rule.--An ESRD facility must have properly |
10 | trained personnel present in adequate number to meet the medical |
11 | and nonmedical needs of patients receiving dialysis. |
12 | (b) Staff.--Whenever a patient is receiving dialysis, the |
13 | ESRD facility shall provide the following staff: |
14 | (1) Two licensed health care professionals, including |
15 | one full-time registered nurse licensed in Pennsylvania and |
16 | one health care professional experienced in rendering care |
17 | for renal dialysis patient care. |
18 | (2) An adequate number of personnel such that |
19 | patient/staff ratio is appropriate to the level of dialysis |
20 | care being given to meet the needs of the patient. |
21 | (3) A licensed physician who is onsite or on call. |
22 | Section 4. Administration and enforcement. |
23 | (a) Administration.--The department shall develop and |
24 | implement procedures as may be necessary and appropriate in |
25 | order to obtain compliance with this act. The procedures shall |
26 | include, but not be limited to, monitoring and inspection |
27 | procedures. |
28 | (b) Enforcement.--The department may suspend or revoke the |
29 | license of a health care facility for a violation of this act in |
30 | accordance with the act of July 19, 1979 (P.L.130, No.48), known |
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1 | as the Health Care Facilities Act. |
2 | Section 5. Effective date. |
3 | This act shall take effect in 60 days. |
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