Programs and Policies
Citation Program
In an effort to streamline the disciplinary system, the Pennsylvania
legislature authorized the Bureau to develop a citation program and schedule of
civil penalties for various minor infractions. The program was implemented as
Act 48 of 1993.
The Bureau's inspectors are now able to issue citations and impose civil
penalties in accordance with the adopted schedule for 11 boards and commissions,
including the State Board of Funeral Directors, State Board of Pharmacy, State
Board of Vehicle Manufacturers, Dealers and Salespersons, State Board of Barber
Examiners, State Board of Cosmetology, State Real Estate Commission, State Board
of Auctioneer Examiners, State Architects Licensure Board, State Board of
Dentistry, State Registration Board for Professional Engineers, Land Surveyors
and Geologists and the State Board of Accountancy. The program is a great
benefit to the public because it allows the Bureau's inspectors, investigators
and prosecutorial staff to resolve minor infractions quickly, allowing them to
concentrate on allegations of serious misconduct.
Extensive consultations have taken place over the last several months between
the Bureau and the affected Boards and Commission. Under Act 48 of 1993, inspectors are
now authorized to issue citations and impose penalties for various minor
violations in accordance with the adopted schedules of civil penalties. Under
Act 48 of 1993, due process is still guaranteed. Additional Boards are reviewing their
regulations to determine if Act 48 of 1993 would be of benefit to their legal process.
Child Protective Services Law
The Pennsylvania Child Protective Services Law (CPSL) was signed into law in
1975 and was amended in 1994. The amendments were intended to further enhance
the protection of children from abuse and re-abuse; to provide rehabilitative
services to ensure the child's well-being; and to preserve, stabilize and
protect the integrity of family life, whenever appropriate.
Although many licensed professionals have been mandated to report suspected
abuse since initial passage of the CPSL, the 1994 amendments were intended to
encourage more complete reporting.
In fulfilling CPSL's mandate, the department has begun to make training and
educational programs and material available for all professional licensing
boards whose licensed professionals are responsible for reporting child abuse.
In addition, each licensing board with jurisdiction over licensed professionals
identified as mandated reporters has promulgated regulations delineating
reporting requirements and clarifying that the CPSL takes precedence over any
professional standard that might otherwise apply in order to protect children
from abuse.
Persons under the jurisdiction of the department's Bureau of Professional and
Occupational Affairs who are required to report include, but are not limited to,
any licensed physician, osteopath, psychologist, funeral director, dentist,
optometrist, chiropractor, podiatrist, intern, registered nurse, licensed
practical nurse, hospital personnel engaged in the admission, examination, care
or treatment of persons, social service workers and mental health professionals.
In addition, any licensed professional may make such a report if there is
reasonable cause to suspect that a child has been abused.
If you suspect that a child has been abused, immediately call CHILDLINE at
1-800-932-0313.
Reporting Suspected Child Abuse
How does the Child Protective Services Law impact licensed professionals?
The Pennsylvania Child Protective Services Law (CPSL) was signed into law in
1975 and was amended in 1994. The amendments are intended to further enhance the
protection of children from abuse and re-abuse; to provide rehabilitative
services so as to ensure the child's well-being; and to preserve, stabilize and
protect the integrity of family life, whenever appropriate.
Although many professional licensees have been mandated to report suspected
abuse since initial passage of the CPSL, the 1994 amendments are intended to
encourage more complete reporting.
The 1994 amendments mandate that the Department of State make training and
educational programs and material available for all professional licensing
boards whose licensees are responsible for reporting child abuse. In addition,
each licensing board with jurisdiction over professional licensees identified as
mandated reporters were required to promulgate regulations regarding the
responsibilities of reporting. The regulations clarify that the CPSL, takes
precedence over any professional standard that might otherwise apply in order to
protect children from abuse.
Who is required to report suspected child abuse?
Persons, who in the course of their employment, occupation or practice of
their profession come into contact with children, shall report or cause a report
to be made when they have reasonable cause to suspect that a child is abused.
Persons under the jurisdiction of the Department of State's Bureau of
Professional and Occupational Affairs who are required to report include, but
are not limited to, any licensed physician; osteopath; psychologist; funeral
director; dentist; optometrist; chiropractor; podiatrist; intern; registered
nurse; licensed practical nurse; hospital personnel engaged in the admission,
examination, care or treatment of persons; social service workers and mental
health professionals. In addition, any person may make such a report if there is
reasonable cause to suspect that a child has been abused.
What is child abuse?
Child abuse, as defined in the CPSL, includes any of the following:
Any recent act or failure to act by a perpetrator which causes non-accidental
serious physical injury to a child under 18.
An act or failure to act by a perpetrator which causes non-accidental serious
mental injury to or sexual abuse or sexual exploitation of a child under 18.
Any recent act, failure to act or series of such acts or failures to act by a
perpetrator which creates an imminent risk of serious physical injury to or
sexual abuse or exploitation of a child under 18.
Serious physical neglect by a perpetrator constituting prolonged or repeated
lack of supervision or the failure to provide essentials of life, including
adequate medical care, which endangers a child's life or development or impairs
the child's functioning.
The CPSL defines sexual abuse or exploitation as the employment, use,
persuasion, inducement, enticement or coercion of any child to engage in or
assist any other person to engage in any sexually explicit conduct for the
purpose of producing any visual depiction, including photographing, videotaping,
computer depicting or filming, or any sexually explicit conduct or the rape,
sexual assault, involuntary deviate sexual intercourse, aggravated indecent
assault, molestation, incest, indecent exposure, prostitution, statutory sexual
assault or other form of sexual exploitation of children.
Who can be a perpetrator?
A perpetrator can be a parent of a child, or a person responsible for the well being of a child who provides permanent or temporary care, supervision, mental
health diagnosis or treatment, training or control of a child in lieu of
parental care, supervision and control. Also, an individual residing in the same
house as a child or a paramour of a child's parent, can be a perpetrator.
What is CHILDLINE?
CHILDLINE is a 24 hour toll-free telephone reporting system operated by the
Department of Human Services to receive reports of suspected child abuse.
What should you do if you suspect a child has been abused?
If you have reasonable cause to suspect that a child has been abused, a
report should be made immediately by telephone to CHILDLINE at 1-800-932-0313.
Within 48 hours of the oral report, a written report must be made to the
appropriate county children and youth agency by the reporter. Forms can be
obtained from the county agency.
Whenever the reporter is a member of the staff of a medical or other public
or private institution, school, facility or agency, the reporter shall
immediately notify the person in charge. Upon notification, the person in charge
or the designated agent shall assume the responsibility and have the legal
obligation to report to the Department of Human Services and the county agency.
The person in charge shall notify the reporter once the report is made to
CHILDLINE.
What occurs once a report is filed?
Once a report of suspected child abuse is filed, CHILDLINE forwards it to the
local county children and youth agency, which must begin an investigation within
24 hours of the report, decide if the report is a valid instance of child abuse,
and if so, arrange for or provide the services that are needed to prevent
further mistreatment of the child and preserve the family unit.
Will the reporter know whether the child was abused and what is being done
to protect the child from further abuse?
Reporters may receive information from their county children and youth agency
regarding the final status of the report and the services provided for or
arranged by the agency.
What happens to the reporter?
Mandated reporters are encouraged to identify themselves and where they can
be reached. A caseworker may need to contact the reporter for additional
information. Only the Secretary of the Department of Human Services has the
authority to release the name of the reporter or anyone who cooperated with the
investigation.
Does a reporter face liability?
A person who participates in good faith in making a report, cooperating with
an investigation, testifying in a proceeding arising out of an instance of
suspected child abuse, the taking of photographs or the removal or keeping of a
child shall have immunity from civil and criminal liability.
Are there penalties for failing to report suspected child abuse?
A person required to report a case of suspected child abuse who willfully
fails to do so commits a summary offense for the first violation and a
misdemeanor of the third degree for a second or subsequent violation.
For more information, please contact the board office.
Child Support Enforcement - -
Social Security Numbers Required on Applications for Licenses and
Renewals
Effective Jan. 1997, state law requires that applicants provide their Social
Security numbers on all applications for licenses and licensure renewals.
Section 301.1(a) (2) of Act 124 of 1996 amends the Domestic Relations Code.
All government agencies are mandated under the Act to require the Social
Security number of an individual on any application for a professional or
occupational license. The Act also requires government agencies, including the
Bureau of Professional and Occupational Affairs, to provide a licensee's name,
address, and Social Security number to the Department of Human Services. The
amendments were authorized under the Federal Welfare Reform Act known as the
Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
The Department of Human Services is the state agency responsible for enforcing
child support orders.
Volunteer Licenses
Beginning in 1998, seven boards offered volunteer licensing to their
licensees without charge, under Act 141 of 1996, known as the Volunteer Health
Services Act (Act). The Act helps hospitals, health systems and community
organizations establish primary care treatment centers for the poor and in areas
with shortages of medical personnel. The volunteer license was
initially available only to retired practitioners who volunteered in
community-based clinics. The Volunteer Health Services Act was
amended in 2002 to permit non-retired health care practitioners to obtain
volunteer licenses. The 2002 amendments also included indemnity
and defense provisions for health care practitioners providing health care
services at approved clinics without remuneration under active non-volunteer
licenses. The 2002 amendments also included indemnity
and defense provisions for health care practitioners providing health care
services at approved clinics without remuneration under active non-volunteer
licenses. The 2002 amendments also included indemnity
and defense provisions for health care practitioners providing health care
services at approved clinics without remuneration under active non-volunteer
licenses. Regulations authorizing the issuance of
volunteer licenses were promulgated in November 1997 and were revised to reflect
the 2002 changes to the Act.
Volunteer licenses may be issued to
qualified individuals who wish to provide primary health care services to the
community through an approved clinic without remuneration. Primary health
services include such services as regular check-ups, immunizations, school
physicals, health education, prenatal and obstetrical care, early periodic
screening and diagnostic testing and health education. Each volunteer licensee
treats patients within his or her scope of practice.
A volunteer license may be issued to a
board licensee who retires or has retired from active practice with a
board-issued license in good standing or to a licensee in good standing
who is not retired, but who is not required to maintain professional liability
insurance under the Health Care Service Malpractice Act of 1992 or the Medical Care
Availability and Reduction of Error Act (Mcare Act of 2002), because the practitioner is
not otherwise practicing medicine or providing health care services in this
Commonwealth.
An applicant for a license must agree to
provide professional services without remuneration and must provide a letter
from the clinic where the volunteers will provide services that the licensee has
been approved to work in the clinic.
Licenses issued to volunteers are valid for
the biennial period for which they are issued. They may be renewed biennially. A
volunteer license is subject to the disciplinary provisions of the act with
regard to licensee misconduct. In addition, volunteer licensees must complete
any continuing education requirements of the board.
Licensees with mandatory professional
liability insurance requirements are relieved of those requirements, so long as
they hold a volunteer license. Volunteer licensees working in organized clinics
are covered under the clinic's insurance plan. Additionally, a
health care practitioner who provides health care services at an approved clinic
without remuneration under an active non-volunteer license is entitled to
indemnity and defense under the terms of whatever liability insurance coverage
is maintained by or provided to the practitioner in the scope of their regular
practice to comply with the Health Care Service Malpractice Act or the Mcare
Act.
The State Boards of Medicine,
Osteopathic Medicine, Dentistry,
Podiatry,
Nursing,
Optometry
and Chiropractic
have authority to issue volunteer licenses.
Applications for volunteer licenses are available by calling the Board
office.
Updated December 22, 2003
Healthcare Integrity and Protection Data Bank
Licensees should be aware that changes in federal law established state
licensing board obligations to comply with various reporting requirements of the
Health Insurance Portability and Accountability Act of 1996 (HIPAA). That law
established the Healthcare Integrity and Protection Data Bank (HIPDB), a
national healthcare fraud and abuse data collection program to which all state
health licensing boards are required to report final adverse actions
imposed on healthcare providers, suppliers, or practitioners.
Pursuant to HIPDB reporting obligations, the Bureau’s 14 health licensing boards began reporting to the data bank historical information about disciplinary actions imposed since August 21, 1996. On May 6, 2013, the HIPDB was merged into the NPDB. Information previously collected and disclosed through the HIPD is now collected and disclosed through the NPDB. Additionally, the Bureau’s health licensing boards report, on a monthly basis, every disciplinary action imposed. Please be aware that the subject of any disciplinary action reported by a health licensing board to the NPDB will receive a notice of the report from the data bank. Therefore, if a licensee has been the subject of any disciplinary action since August 21, 1996, the licensee should expect to receive a notification from the NPDB.
The following health licensing boards will be affected:
- State Board of Chiropractic
- State Board of Dentistry
- State
Board of Medicine
- State Board of Nursing
- State Board of Examiners of
Nursing Home Administrators
- State Board of Occupational Therapy
- State
Board of Optometry
- State Board of Osteopathic Medicine
- State Board of
Pharmacy
- State Board of Physical Therapy
- State Board of Podiatry
- State Board of Psychology
- State Board of Social Workers, Marriage and
Family Therapists and Professional Counselors
- State Board of Examiners in
Speech-Language Pathology and Audiology