Section 448.809b - Photo identification tag regulations(a) Regulations.--Except as provided under subsection (c), the department shall promulgate regulations under subsection (b) to require employees to wear a photo identification tag when the employee is working. The following shall apply:(1) The photo identification tag shall include a recent photograph of the employee, the employee's first name, the employee's title and the name of any of the following: (i) The health care facility.(iii) The employment agency.(iv) The fictitious name of an entity under subparagraph (i), (ii) or (iii) which is registered with the Department of State under 54 Pa.C.S. Ch. 3 (relating to fictitious names) or a successor statute.(2) The title of the employee shall be as large as possible in block type and shall occupy a one-half inch tall strip as close as practicable to the bottom edge of the badge. (3)Titles shall be as follows:(i) A Medical Doctor shall have the title "Physician."(ii) A Doctor of Osteopathy shall have the title "Physician."(iii) A Registered Nurse shall have the title "Registered Nurse."(iv) A Licensed Practical Nurse shall have the title "Licensed Practical Nurse."(v) All other titles shall be determined by the department. Abbreviated titles may be used when the title indicates licensure or certification by a Commonwealth agency.(4) A notation, marker or indicator included on an identification badge that differentiates employees with the same first name is considered acceptable in lieu of displaying an employee's last name.(b) Interim regulations. --The department, upon the conclusion of at least one public hearing, shall publish interim regulations regarding implementation of this section in the Pennsylvania Bulletin within 90 days of the effective date of this section. The interim regulations shall not be subject to sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law, and the act of June 25, 1982 (P.L. 633, No. 181), known as the "Regulatory Review Act." The interim regulations shall expire 18 months following the effective date of this section or when final regulations are promulgated by the department, whichever occurs first. Final regulations shall be promulgated no later than 18 months following the effective date of this section.(c)Exception.--Notwithstanding subsection (a), an employee shall not be required to wear an identification badge while delivering direct care to a consumer if not clinically feasible.(d) Applicability.--Except for subsection (a)(2) and (3), this section shall apply to an employee that delivers direct care to a consumer outside of the health care facility or employment agency. On June 1, 2015, this section shall apply to an employee that delivers direct care to a consumer at or outside of the health care facility or employment agency.(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Employee." An employee or a physician of any of the following that delivers direct care to a consumer:
(1) A health care facility.(2) A health care provider.(3) The private practice of a physician.(4) An employment agency. (6) The fictitious name of any person or entity under paragraph (1), (2), (3), (4) or (5) which is registered with the Department of State under 54 Pa.C.S. Ch. 3 or a successor statute. "Employment agency." A public or private organization that provides employment services for persons seeking employment and for potential employers seeking employees.
"Health system." Two or more health care facilities, with at least one being a hospital, which are owned by a common legal entity or that have entered into an affiliation agreement to combine or coordinate delivery of health care services under a common organizational name.
"Title." An applicable license, certification , registration or job title held by an employee who provides direct patient care to a consumer.
Amended by P.L. TBD 2022 No. 79, § 1, eff. 7/11/2022.Amended by P.L. TBD 2020 No. 54, § 1, eff. 8/30/2020.1979, July 19, P.L. 130, No. 48, § 809.2, added 2010, Nov. 23, P.L. 1099, No. 110, § 1.