New Legislation: Increasing Public Safety and the Accountability of Licensees

[NRSKarenRN, BSN, RN]

gannon, house professional licensure committee unveil proposals to increase public safety

package also designed to enhance accountability of state's licensees

to increase public safety and accountability of the more than 750,000 licensed professionals in pennsylvania, rep. tom gannon (r-delaware) and the house professional licensure committee today unveiled a 10-bill, bipartisan legislative package, called "increasing public safety and the accountability of licensees."

"the package springs from the connection between licensure law and criminal law. it is designed to crack down on unlicensed practice and enhance the integrity of the licensure system established by the pennsylvania department of state," said gannon, chairman of the house professional licensure committee and former chairman of the house judiciary committee.

"the importance of licensed professionals in the lives of pennsylvanians cannot be overstated," he continued. "each and every day, citizens of pennsylvania turn to physicians, nurses, pharmacists, dentists, funeral directors, accountants and real estate brokers for help. from the dawn of life to the sunset of life, these professionals walk hand-in-hand with residents, ensuring they live healthy and productive lives.

"sadly, we have all heard stories about perpetrators--individuals who are not licensed and who have not met the stringent criteria established by the department of state for licensure--who hold themselves out as licensed professionals. they pretend to be accountants or psychologists and then steal our money, destroy our trust and jeopardize our health.

"although almost all licensed professionals deserve the trust placed in them by pennsylvania's citizens, a small minority are disciplined by the department of state. however, this small number can do a great deal of damage," he said, adding that the 10-bill package also deals with the actions of those who have been sanctioned.

"we have a duty to protect those who have been hurt by licensees," he said. "that is why we are creating a victim's compensation fund and establishing a victim advocate to represent the interests of victims in disciplinary proceedings." those bills are being sponsored by gannon.

the bill package is designed to:

• protect victims and witnesses who testify in disciplinary proceedings.
  
• compensate those who have been injured by licensees who have been disciplined.
  
• strengthen the hand of prosecutors as they deal with licensees who have violated the law.
  
• maintain the integrity of the licensure system established by the department of state.

those affected by the legislation include health care professionals such as physicians, nurses, psychologists, professional counselors, dentists, chiropractors and podiatrists, as well as professionals charged with handling financial matters with fidelity, such as accountants and real estate brokers.

"the acts of these individuals affect the lives of millions of pennsylvanians in ways that are very important, such as buying a home, burying a loved one, or getting treatment for illness or injury," gannon said. "our citizens rely upon these highly trained professionals for help with their most personal and private matters. this is why the committee believes that we should take the step of introducing this bipartisan legislative package."

gannon was joined at the capitol press conference by district attorneys g. michael green of delaware county and edward marsico of dauphin county. steve luksa, chief deputy district attorney in lehigh county, represented lehigh county district attorney james martin.

highlights of the package include measures to:

• make it a crime to impersonate a holder of a professional or occupational license. this provision will deter individuals from engaging in unlicensed practice. the crime will be prosecuted by a district attorney.
  
• make it a crime to intimidate a witness or victim in a disciplinary proceeding. it would also make it a crime to retaliate against a board member or board prosecutor acting in his official capacity.
  
• create a victim advocate within the bureau of professional and occupational affairs, the bureau within the department of state which licenses the more than 750,000 professionals affected by the legislative package. it also establishes a right of a victim to be heard in disciplinary matters through a victim impact statement.
  
• create a victim's recovery fund so consumers can be compensated for medical or property loss or loss of income.
  
• require cases to be referred to a district attorney. if the department of state uncovers facts and circumstances reasonably believed to be a violation of the pennsylvania crimes code, the department would refer the matter to a district attorney. the department of state may continue with its own investigation.
  
• call for the voluntary surrender of a professional license when a licensee is being sentenced by the court for an offense graded as a third degree misdemeanor or higher.
  
• require the issuing authority, when deciding whether to admit a holder of a professional license charged with a crime to bail, to decide if the licensee poses a threat of danger to the victim or others by virtue of practicing the profession or holding the license. if the issuing authority finds a threat, then the licensee must surrender the license as a condition of bail.

in addition, two existing bills, house bill 1275 and 1276, would allow the state board of nursing to discipline a registered nurse or licensed practical nurse who holds a temporary practice permit. gannon noted the state board of nursing requested this legislation be introduced.

"the 12.5 million residents of pennsylvania will be better protected by this responsible, commonsense, bipartisan package," said gannon. "we believe this package is a realistic and proactive approach to increasing public safety and accountability of licensed professionals."

[purplemania, BSN, RN]

I believe this will be nationwide before long. Texas, and other states, already require background checks thru FBI. Our BON publishes photos and bios of people posing as nurses & a list of bad check writers (can you believe people will actually try to renew license with bad checks?). Public is demanding more from us all.