49 Pa. Code Ch. 21 — State Board of Nursing

STATEMENT OF POLICY § 21.411. Interpretations regarding the general functions of registered nurses—statement of policy. The following nursing practices fall within the scope of registered nurse practice under § 21.11 (relating to general functions): (1) Collection of arterial and…

§ 21.412. Interpretations regarding venipuncture, intravenous fluids, resuscitation and respiration—statement of policy. The following nursing practices fall within the scope of registered nursing practice under § § 21.11 and 21.12 (relating to general functions; and venipuncture…

§ 21.413. Interpretations regarding the administration of drugs—statement of policy. (a) The following nursing practices fall within the scope of registered nursing practice under § § 21.11, 21.12 and 21.14 (relating to general functions; venipuncture; intravenous fluids; and adm…

§ 21.414. Interpretations regarding the functions of Licensed Practical Nurses (LPN)—statement of policy. (a) Collection of venous blood samples fall within the scope of Licensed Practical Nurse (LPN) practice under § 21.145(a) (relating to functions of the LPN). (b) The followin…

§ 21.415. Interpretations regarding the applicability of nursing standards and qualifications to all nurses practicing in this Commonwealth—statement of policy. For the purposes of applying statutory and regulatory nursing standards and qualifications in this Commonwealth, the fo…

§ 21.416. Conversion therapy, sexual orientation change efforts and reparative therapy—statement of policy. (a) Background. Conversion therapy, also known as sexual orientation change efforts or reparative therapy, poses critical health risks to lesbian, gay, bisexual, transgende…

§ 21.4a. Procedural matters. (a) The consent of the patient to any sexual impropriety or violation is not a defense to any disciplinary charge for violation of the act or this subchapter. (b) Evidence of specific instances, opinion evidence or reputation evidence of a patient’s p…

§ 21.5. Fees. (a) The following application fees are charged by the Board for services provided to licensees and applicants: Licensure by examination—Board-approved nursing education program graduates … $95 Reexamination … $75 Licensure by endorsement … $120 Licensure by endorsem…

§ 21.501. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Acts—The Professional Nursing Law (63 P.S. § § 211—225); and the Practical Nurse Law (63 P.S. § § 651—667). Board-regul…

§ 21.502. Suspected child abuse—mandated reporting requirements. (a) General rule. (1) Under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse), all Board-regulated practitioners are considered mandated reporters. A mandated reporter shall make a rep…

§ 21.503. Photographs, medical tests and X-rays of child subject to report. A Board-regulated practitioner may take or cause to be taken photographs of the child who is subject to a report and, if clinically indicated, cause to be performed a radiological examination and other me…

§ 21.504. Suspected death as a result of child abuse—mandated reporting requirement. A Board-regulated practitioner who has reasonable cause to suspect that a child died as a result of child abuse shall report that suspicion to the coroner or medical examiner of the county where …

§ 21.505. Immunity from liability. Under 23 Pa.C.S. § 6318 (relating to immunity from liability), a Board-regulated practitioner who participates in good faith in the making of a report of suspected child abuse, making a referral for general protective services, cooperating or co…

§ 21.506. Confidentiality—waived. To protect children from abuse, the reporting requirements of § § 25.502—25.504 (relating to suspected child abuse—mandated reporting requirements; photographs, medical tests and X-rays of child subject to report; and suspected death as a result …

§ 21.507. Noncompliance. (a) Disciplinary action. A Board-regulated practitioner who willfully fails to comply with the reporting requirements in § § 25.502—25.504 (relating to suspected child abuse—mandated reporting requirements; photographs, medical tests and X-rays of child s…

§ 21.508. Child abuse recognition and reporting—mandatory training requirement. (a) Except as provided in subsection (c), individuals applying to the Board for an initial license or certificate shall have completed at least 3 hours of training in child abuse recognition and repor…

§ 21.509. Child abuse recognition and reporting course approval process. (a) An individual, entity or organization may apply for approval to provide mandated reporter training as required under 23 Pa.C.S. § 6383(b) (relating to education and training) by submitting the course mat…

APPROVED PROGRAMS OF NURSING § 21.51. Establishment. (a) A nursing education program shall be developed under the leadership of a registered nurse as follows: (1) A nursing education program may be developed under the authority of a regionally accredited university or college and…

§ 21.6. Professional corporations. A registered nurse may form a professional corporation with other registered nurses or other health care practitioners who treat human ailments and conditions, and who are licensed to provide health care services in this Commonwealth without rec…

§ 21.601. Purpose and definitions. (a) This subchapter implements the Volunteer Health Services Act (35 P.S. § § 449.41—449.50) and provides for the issuance of a volunteer license to a qualified registered nurse, a certified registered nurse practitioner and a licensed practical…

§ 21.602. Volunteer license. A volunteer license may be issued to a licensee of the Board who documents to the satisfaction of the Board that the applicant will practice without personal remuneration in approved clinics and meets one of the following conditions: (1) Holds a curre…

§ 21.603. Applications. (a) An applicant for a volunteer license shall complete an application obtained from the Board. In addition to providing information requested by the Board, the applicant shall provide: (1) An executed verification on forms provided by the Board certifying…

§ 21.604. Validity of license. A volunteer license shall be valid for the biennial period for which it is issued, subject to biennial renewal. During each biennial renewal period, the licensee shall notify the Board of any change in clinic or volunteer status within 30 days of th…

§ 21.605. Biennial renewal. (a) A volunteer license shall be renewed biennially on forms provided by the Board. In accordance with section 6(c) of the Volunteer Health Services Act (35 P.S. § 449.46(c)), a volunteer license holder shall comply with the applicable continuing educa…

§ 21.606. Return to active practice. A volunteer license holder who desires to return to active practice shall notify the Board and apply for biennial registration on forms provided by the Board.

§ 21.607. Disciplinary provisions. A volunteer license holder shall be subject to the disciplinary provisions of the act and this chapter. Failure of the licensee to comply with the Volunteer Health Services Act (35 P.S. § § 449.41—449.50) or this subchapter may also constitute g…

ORGANIZATION AND ADMINISTRATION OF NURSING PROGRAMS § 21.61. Baccalaureate and associate degree programs: organizational requirements. (a) The educational unit in nursing shall be established as a department, division, school or college of the controlling institution in accordanc…

§ 21.62. Diploma programs; organizational requirements. (a) The nursing school shall be established as an educational unit of the governing body. (b) Adequate funds shall be allocated and properly budgeted for sound and effective operation of the school. (c) The organizational pl…

§ 21.63. Diploma programs utilizing cooperating agencies. (a) Cooperating agencies within this Commonwealth shall be subject to the following: (1) The agreement between the educational unit in nursing and the cooperating agency shall be developed jointly, recorded in writing, rev…

§ 21.7. Temporary practice permits. (a) A graduate registered nurse may only practice professional nursing under supervision and if the graduate registered nurse holds a current temporary practice permit. “Supervision” means that a licensed registered nurse is physically present …

GENERAL PROVISIONS § 21.701. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the content clearly indicates otherwise: ACEND—Accreditation Council for Education in Nutrition and Dietetics— The organization recognized by…

§ 21.702. Scope. In this subchapter the Board: (1) Provides for licensure of dietitian-nutritionists who meet the qualifications set forth in the act. (2) Administers the act by providing rules and regulations for the practice of dietetics-nutrition. (3) Provides rules and regula…

§ 21.703. Applicability of general rules. The provisions of 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure) apply to the activities of and proceedings before the Board.

§ 21.704. Matters related to allegations of sexual impropriety or violation. (a) A licensee may not engage in conduct constituting a sexual violation or sexual impropriety. (b) Engaging in conduct constituting a sexual violation or sexual impropriety is unprofessional conduct and…

§ 21.705. Fees. (a) The following application fees are charged by the Board for services to licensees and applicants: Application for licensure… $95 Reactivation of inactive or lapsed license (after 5 years or longer) … $50 Verification of licensure… $45 Verification of licensure…

ADMINISTRATIVE AND INSTRUCTIONAL PERSONNEL § 21.71. Nurse administrator, faculty and staff requirements. (a) A nursing education program shall employ a sufficient number of qualified faculty, faculty assistants, allied faculty and staff to accomplish the objectives of the curricu…

RESPONSIBILITIES OF THE LICENSED DIETITIAN-NUTRITIONIST § 21.711. Professional conduct. (a) Licensed dietitian-nutritionists shall: (1) Conduct themselves with honesty, integrity and fairness. (2) Practice dietetics based on scientific principles and current information. (3) Pres…

§ 21.72. Faculty policies; additional responsibilities of faculty and faculty assistants. (a) The faculty shall be employed by and responsible to the controlling institution. (b) Policies, including personnel policies in effect for nursing faculty, must be those in effect for fac…

LICENSURE REQUIREMENTS § 21.721. Qualifications for licensure. (a) An individual may apply for licensure as a dietitian-nutritionist by submitting a written application on forms provided by the Board and remitting the application fee set forth in § 21.705 (relating to fees). (b) …

§ 21.722. Education, examination and re-examination of applicants. (a) Education. The Board approves educational programs that meet the requirements of section 6(b)(2) of the act (63 P.S. § 216(b)(2)) that are approved by ACEND or the ACN. (b) Examination. (1) The Board approves …

§ 21.723. License renewal. (a) A license issued under section 5(e) of the act (63 P.S. § 215(e)) or under this subchapter will be valid from the date of issuance through September 30, 2006, following the issuance of the license. Each subsequent license renewal will be valid for 2…

§ 21.723a. Reporting of crimes and disciplinary action. (a) An LDN shall notify the Board of pending criminal charges within 30 days of the filing of the criminal charges or on the biennial renewal application under § 21.723 (relating to license renewal), whichever is sooner. (b)…

§ 21.723b. Reporting of address changes. An LDN shall notify the Board within 14 days of a change of address. Authority The provisions of this § 21.723b issued under section 2.1(k) of The Professional Nursing Law (63 P.S. § 212.1(k)). Source The provisions of this § 21.723b adopt…

§ 21.724. Continuing education. (a) Prior to renewal. One hour of CPE credit will be given for each 50-minute clock hour of CPE activity. Each LDN shall complete 30 CPE credits during the 2 calendar years immediately preceding the application for license renewal. At least 2 of th…

§ 21.725. Inactive status. An LDN may request that his license be placed on inactive status. The licensee will not be required to remit the biennial renewal fee during the period when the license is on inactive status. In order to return to active status, the licensee shall submi…

§ 21.73. Internal nursing faculty organizations. (a) There shall be a nursing faculty organization appropriate to its size and in harmony with other educational units within the controlling institution. (b) Policies and rules of procedure governing the faculty organization shall …

§ 21.76. Faculty organizations. (a) Rules and regulations of the faculty organization shall be in writing and shall be revised by the faculty periodically. (b) The committee structure shall be consistent with the size and needs of the faculty. (c) Committee reports and faculty ac…

GENERAL PROVISIONS § 21.801. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the content clearly indicates otherwise: Act—The Professional Nursing Law (63 P.S. § § 211—225.5), which provides for the certification of CN…

§ 21.802. Scope. In this subchapter, the Board: (1) Provides for certification of CNSs who meet the qualifications set forth in the act. (2) Administers the act by providing rules and regulations relating to the issuance and renewal of CNS certification. (3) Provides rules and re…

§ 21.803. Applicability of rules relating to professional nurses. Sections 21.1—21.4a, 21.6 and 21.11—21.18a apply to nurses certified under this subchapter.