STATEMENTS OF POLICY
Title 28—HEALTH AND SAFETY
DEPARTMENT OF HEALTH
[28 PA. CODE CH. 51]
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF NURSING
[49 PA. CODE CH. 21]
Title 55—HUMAN SERVICES
DEPARTMENT OF HUMAN SERVICES
[55 PA. CODE CH. 1]
Clarification of Nursing Qualifications; Interpretations Regarding the Applicability of Nursing Standards and Qualification to All Nurses Practicing in this Commonwealth; Clarification of Nursing Standards and Qualifications for Licensed Practical Nurses and Registered Nurses as it Relates to the Nurse Licensure Compact; Statements of Policy
[54 Pa.B. 148]
[Saturday, January 13, 2024]The State Board of Nursing (Board), the Department of Human Services and the Department of Health are jointly issuing this statement of policy to clarify nursing standards and qualifications in this Commonwealth for licensed practical nurses (LPN) and registered nurses (RN) as it relates to the Nurse Licensure Compact (NLC).
Discussion
With the enactment of the act of July 1, 2021 (P.L. 358, No. 68), known as the Nurse Licensure Compact Act (35 P.S. §§ 10291—10295), the Commonwealth became a member state in the NLC, authorizing RNs and LPNs who hold current multistate licenses from other compact states to practice in this Commonwealth without obtaining a license from the Board so long as the licensee's principal place of residence is not in this Commonwealth. Specifically, the NLC provides:
A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.NLC, Article III(a).
In passing the Nurse Licensure Compact Act, the General Assembly did not intend that RNs or LPNs with valid multistate licenses could not qualify for positions that explicitly require a license issued by the Board or under The Professional Nursing Law (63 P.S. §§ 211—225.5), the Practical Nurse Law (63 P.S. §§ 651—667.8) or 63 Pa.C.S. § 3111 (relating to licensure by endorsement). To the contrary, the Nurse Licensure Compact Act expressly recognizes that ''Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.'' Therefore, for purposes of applying statutory and regulatory nursing standards and qualifications, RNs and LPNs holding multistate licenses pursuant to the NLC will be treated as if they possess an RN or LPN license issued by the Board.
Interpretation
The interpretation is contained in Annex A.
Effective Date
This statement of policy is effective immediately upon publication in the Pennsylvania Bulletin.
DR. DEBRA L. BOGEN, MD, FAAP,
Acting Secretary
Department of HealthLINDA L. KMETZ, PhD, RN,
Chairperson
State Board of NursingVALERIE A. ARKOOSH, MD, MPH,
Secretary
Department of Human Services(Editor's Note: The Pennsylvania Code is amended by adding a joint statement of policy in 28 Pa. Code § 51.1a, 49 Pa. Code § 21.415 and 55 Pa. Code § 1.1 to read as set forth in Annex A.)
Fiscal Note: 10-239. No fiscal impact; recommends adoption. 16A-5147. No fiscal impact; recommends adoption. 14-BUL-112. No fiscal impact; recommends adoption.
Annex A
TITLE 28. HEALTH AND SAFETY
PART IV. HEALTH FACILITIES
Subpart A. GENERAL PROVISIONS
CHAPTER 51. GENERAL INFORMATION
GENERAL PROVISIONS § 51.1a. Clarification of nursing qualifications—statement of policy.
For the purposes of applying statutory and regulatory nursing standards and qualifications in this Commonwealth, the following applies:
(1) For a licensed practical nurse, the term includes an individual licensed under the laws of this Commonwealth to practice practical nursing or an individual who holds a privilege to practice as a practical nurse under the Nurse Licensure Compact Act (35 P.S. §§ 10291—10295).
(2) For a registered nurse, the term includes an individual licensed under the laws of this Commonwealth to practice professional nursing or an individual who holds a privilege to practice as a registered nurse under the Nurse Licensure Compact Act.
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 21. STATE BOARD OF NURSING
Subchapter D. INTERPRETATIONS
STATEMENT OF POLICY § 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 following apply:
(1) For a licensed practical nurse, the term includes an individual licensed under the laws of this Commonwealth to practice practical nursing or an individual who holds a privilege to practice as a practical nurse in this Commonwealth under the Nurse Licensure Compact Act (35 P.S. §§ 10291—10295).
(2) For a registered nurse, the term includes an individual licensed under the laws of this Commonwealth to practice professional nursing or an individual who holds a privilege to practice as a registered nurse in this Commonwealth under the Nurse Licensure Compact Act.
TITLE 55. HUMAN SERVICES
PART I. DEPARTMENT OF HUMAN SERVICES
Subpart A. GENERAL PROVISIONS
CHAPTER 1. STATEMENTS OF POLICY Sec.
1.1 Clarification of nursing qualifications—statement of policy.
§ 1.1. Clarification of nursing qualifications—statement of policy.
For the purposes of applying statutory and regulatory nursing standards and qualifications in this Commonwealth, the following applies under this title:
(1) For a licensed practical nurse, the term includes an individual licensed under the laws of this Commonwealth to practice practical nursing or an individual who holds a privilege to practice as a practical nurse under the Nurse Licensure Compact Act (35 P.S. §§ 10291—10295).
(2) For a registered nurse, the term includes an individual licensed under the laws of this Commonwealth to practice professional nursing or an individual who holds a privilege to practice as a registered nurse under the Nurse Licensure Compact Act.
[Pa.B. Doc. No. 24-41. Filed for public inspection January 12, 2024, 9:00 a.m.]
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