Direct Discipline of the Pennsylvania State Board of Nursing

Disclaimer

The information presented today does not necessarily reflect the views of the Commonwealth or the Office of General Counsel

CITATION PROCESS BY THE PROFESSIONAL

LICENSING BOARDS INPENNSYLVANIA

The process is akin to writing a traffic ticket for minor offenses.

Advantage-

Uses resources more efficiently

Saves staff time and reduces board

expenses while still affording due process

to the licensee.

Enabling Statute for the Board of Nursing

63 P.S. § 2205

Through the regulatory process:

• Boards can approve and adopt a schedule of civil penalties for lapsed license cases not to exceed $1000.

• Boards can adopt a schedule of civil penalties for business or facility violations (cosmetology, barber, funeral homes, pharmacies, etc.) not to exceed $1000.

•Authorized agents of the bureau have the power to issue citations and impose penalties for any such violations.

•The imposition of a penalty can be appealed to a hearing examiner or the Board or Commission.

• The Board shall render a decision on any exceptions filed to the decision of the hearing examiner.

• All proceedings must be conducted according to the state’s administrative law and procedure.

Board staff role:

• Board staff reviews renewals where the nurse reports having practiced while the license was expired.

• Board staff reviews the results of CE Audit.

Professional Compliance Office

Staff Role:

• Issue and mail the citation .

• Monitor the payment of the citation.

• Notify prosecuting attorney if the licensee requests a hearing and deliver the file to the attorney.

The citation is a merge form that incorporates the licensing data and takes only a few minutes to complete.

Attorney Role:

• Attend hearing

• Present evidence to prove the case.

Evidence

• Lapsed license cases

Attestation and certification from the keeper of the board’s records with a copy of the renewal application on which the nurse admits practicing on an expired license.

Continuing Education Deficiency Cases(continued)

Attestation and certification from the keeper of the board’s records:

1.Copy of the renewal application on which the nurse states whether or not the licensee completed required CE.

2.Copies of the CE certificates submitted .

If the nurse is disputing the Board staff’s rejection of a specific CE course, may need the testimony by the staff to explain why the course did not meet the Board’s CE requirements.

Hearing Examiner Role:

• To either uphold the issuance of the citation; or

• Dismiss the citation

• The goal is to have a streamlined process that saves time and money while maintaining the licensee’s due process rights.

The licensee may appeal the hearing examiner’s ruling to the Board and to an appellate court.

Questions??