2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 60 - PROFESSIONAL NURSING LAW - OMNIBUS AMENDMENTS
Session of 2021
No. 2021-60
SB 416
AN ACT
Amending the act of May 22, 1951 (P.L.317, No.69), entitled "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," further providing for definitions and for registered nurse, clinical nurse specialist, use of title and abbreviation "R.N." or "C.N.S." and credentials and fraud; and providing for certified registered nurse anesthetist and qualifications and for scope of practice for certified registered nurse anesthetists.
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 clauses 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:
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(16) "Certified registered nurse anesthetist" means a registered nurse licensed in this Commonwealth who is certified by the State Board of Nursing as a certified registered nurse anesthetist.
(17) "Overall direction" means oversight of anesthesia services and medical management of patient care by a qualified individual who is present and available onsite, but not necessarily present in the same procedure room as a certified registered nurse anesthetist performing anesthesia services for the duration of the services provided.
Section 2. Section 3 of the act is amended to read:
Section 3. Registered Nurse, Clinical Nurse Specialist, Certified Registered Nurse Anesthetist, Use of Title and Abbreviation ["R.N." or] "R.N.," "C.N.S." or "C.R.N.A."; Credentials; Fraud.--(a) Any person who holds a license to practice professional nursing in this Commonwealth, or who is maintained on inactive status in accordance with section 11 of this act, shall have the right to use the titles "nurse" and "registered nurse" and the abbreviation "R.N." No other person shall engage in the practice of professional nursing or use the titles "nurse" or "registered nurse" or the abbreviation "R.N." to indicate that the person using the same is a registered nurse, except that the title "nurse" also may be used by a person licensed under the provisions of the act of March 2, 1956 (1955 P.L.1211, No.376), known as the "Practical Nurse Law." No person shall sell or fraudulently obtain or fraudulently furnish any nursing diploma, license, record, or registration or aid or abet therein.
(b) An individual who holds a license to practice professional nursing in this Commonwealth who meets the requirements under sections 6.2 and 8.5 of this act to be a clinical nurse specialist shall have the right to use the title "clinical nurse specialist" and the abbreviation "C.N.S." No other person shall have that right.
(b.1) An individual who holds a license to practice professional nursing in this Commonwealth who meets the requirements under section 8.8 of this act to be a certified registered nurse anesthetist shall have the right to use the title "certified registered nurse anesthetist" and use the abbreviation "C.R.N.A." No other person shall have that right.
(c) Notwithstanding subsection (a), this section shall not prohibit the use by a person of a descriptive title for nurse assistive personnel. For the purposes of this subsection, the term "nurse assistive personnel" shall mean an individual providing health care services under the supervision of a professional or practical nurse.
Section 3. The act is amended by adding sections to read:
Section 8.8. Certified Registered Nurse Anesthetist; Qualifications.--(a) The board may certify a licensed registered nurse as a certified registered nurse anesthetist if the registered nurse satisfies the requirements established by this section. Certification of a certified registered nurse anesthetist by the board shall expire on the same date as the license of that registered nurse expires.
(b) Beginning on the effective date of this section, a registered nurse shall not qualify for initial certification by the board unless the registered nurse holds a master's degree, doctoral degree or post-master's certificate from an accredited educational program in nurse anesthesia that has been approved by the board and that prepares graduates to practice as a certified registered nurse anesthetist and:
(1) holds current national certification as a certified registered nurse anesthetist from a board-recognized national certification organization which required passing of a national certifying examination in nurse anesthesia;
(2) submits an application and the required fee as established by the board; and
(3) complies with all other board requirements to practice as a certified registered nurse anesthetist.
(c) A registered nurse who does not have a graduate degree as required under subsection (b) shall be qualified for certification as a certified registered nurse anesthetist if that registered nurse:
(1) meets the educational requirements for certified registered nurse anesthetists that were in effect in this Commonwealth at the time the registered nurse completed a nurse anesthesia educational program;
(2) submits evidence of recertification as a certified registered nurse anesthetist from a board-recognized national certification organization which required passing of a national certifying examination in nurse anesthesia;
(3) submits an application and the required fee as established by the board; and
(4) complies with all other board requirements to practice as a certified registered nurse anesthetist.
(d) The board may issue a certification as a certified registered nurse anesthetist to a licensed registered nurse who has completed a course of study considered by the board to be equivalent to a course of study required in this Commonwealth under section 6.2 and this section at the time the course was completed, or who is licensed or certified by another state, territory or possession of the United States or a foreign country as deemed equivalent to Pennsylvania's certification requirements, and who has met all the requirements, including character, under this act.
(e) As a condition of biennial certificate renewal by the Board, a certified registered nurse anesthetist must:
(1) Verify that the nurse holds current national recertification from a board-recognized national certification organization that requires passing a national certifying examination in nurse anesthesia.
(2) Submit a renewal application to the board and the required fee as established by the board.
(3) In the two years prior to the certification renewal, complete at least thirty (30) hours of continuing education approved by the board, as required under section 12.1.
(4) Comply with all other requirements of the board.
(f) A certified registered nurse anesthetist practicing in this Commonwealth shall maintain a level of professional liability coverage as required for a nonparticipating health care provider under the act of March 20, 2002 (P.L.154, No.13), known as the "Medical Care Availability and Reduction of Error (Mcare) Act," and shall not be eligible to participate in the Medical Care Availability and Reduction of Error (Mcare) Fund.
Section 8.9. Scope of Practice for Certified Registered Nurse Anesthetists.--(a) A certified registered nurse anesthetist shall have the authority to perform anesthesia services in cooperation with a physician, podiatrist or dentist involved in a procedure for which anesthesia care is being provided if the anesthesia services are performed under the overall direction of any of the following:
(1) A physician licensed by the State Board of Medicine or the State Board of Osteopathic Medicine who has completed an accredited residency training program in anesthesiology.
(2) A physician licensed by the State Board of Medicine or the State Board of Osteopathic Medicine who is performing the procedure for which the certified registered nurse anesthetist is performing anesthesia services.
(3) A podiatrist licensed by the State Board of Podiatry who is performing the procedure for which the certified registered nurse anesthetist is performing anesthesia services.
(4) A dentist licensed by the State Board of Dentistry and permitted by the act of May 1, 1933 (P.L.216, No.76), known as "The Dental Law," or the State Board of Dentistry to administer, supervise or direct the administration of anesthesia.
(b) Nothing in this section shall be construed to:
(1) prohibit a certified registered nurse anesthetist who would otherwise require direction from providing brief periods of care in the event of an emergency that temporarily prevents or interferes with overall direction;
(2) restrict the authority of a health care facility to provide for additional oversight requirements for a certified registered nurse anesthetist practicing within the facility; or
(3) limit or prohibit a certified registered nurse anesthetist from engaging in those activities which normally constitute the practice of professional nursing as defined in section 2.
Section 4. The State Board of Nursing shall promulgate final regulations to implement the amendment or addition of sections 2(16), 3 and 8.8 of the act within 18 months of the effective date of this section.
Section 5. This act shall take effect in 60 days.
APPROVED--The 30th day of June, A.D. 2021.
TOM WOLF
