Well almost.  Some Pennsylvania licensing boards have that power now, but it was unclear if others did.  Therefore, the law is being amended.  House Bill 261 has passed both the House and the Senate and, as of January 15, sits on Governor Corbett’s desk for signature.  All indications are that he will sign this bill.   Once signed, the bill will go into effect sixty (60) days later.

The bill will provide the authority for each licensing board to deny, suspend or revoke any license for failure to pay any fines, interest, or costs assessed as a result of a disciplinary proceeding.  It also provides that if the amount due exceeds one thousand ($1,000.00) dollars and remain unpaid the board has the ability to enter the amount as a civil judgment against the individual or corporate entity.  This judgment remains of record and does not need to ever be revived.  The board has up to sixty (60) months to enter such a judgment.  Further, once paid the board has up to ninety (90) days to satisfy their judgment.

In my opinion, this is good fix because certainly the intention has always been to be able to discipline a licensee for failure to pay their fines. I do not see the requirement for entering the fine as a judgment but generally this should never be an issue for a licensee.  I have been able to negotiate payment terms in cases where payment was difficult.

If you have any questions about licensing please contact me at jmcguire@c-wlaw.com.
 

Note:  The Governor signed this bill on February 4, 2014.
 
 
The passage of Massachusetts law restricting mandatory overtime for nurses gave me the occasion to look back and report on the Pennsylvania’s law.  Act 102 of 2008 is called the Prohibition on Excessive Overtime in Healthcare Act and went into effect on July 1, 2009.  These laws are designed to provide increased patient safety by preventing nurses from being forced to work mandatory overtime. Numerous studies have linked nurse fatigue and/or overwork to medical errors and/or patient deaths.  
 
At this time, with the addition of Massachusetts there are now 15 states with laws restricting mandatory overtime for nurses.  New Jersey, New York, and West Virginia are the neighboring states with such a law.  
  
Pennsylvania’s law does not go so far as to prohibit voluntarily exceeding eight hours in a day or forty hours in a week as some states have done.  Therefore, in Pennsylvania, a nurse may voluntarily work as many hours in a day or week as they like.  The law protects nurses from discrimination or retaliatory action for refusing to work overtime.  There are limited exceptions when a nurse may be required to work overtime but those essentially involve patient safety issues should the nurse not work the overtime.
 
The Department of State has a web page devoted to this law and reporting violations.   http://www.portal.state.pa.us/portal/server.pt?open=514&objID=614498&mode=2 The  Pennsylvania Association of Staff Nurses and Allied Professionals (PASNAP)  indicates on their website that they continue to monitor Pennsylvania’s law as well. http://www.pennanurses.org/pac/mot.html

If you have any questions about this, please contact me a jmcguire@c-wlaw.com.