§ 21.131. Continuing education.

 (a)  Requirement of continuing education. Beginning with the license period commencing on July 12, 2010, an applicant for renewal of a professional nursing license shall complete 30 hours of continuing education approved by the Board during the biennial period immediately preceding the application for renewal in accordance with section 12 of the act (63 P. S. §  222) and this subchapter.

 (b)  Exception. An applicant applying for initial licensure by examination in this Commonwealth will not be required to meet the continuing education requirement on the first renewal immediately following licensure if the applicant completed an approved nursing education program within 2 years of the date of application for initial licensure by examination.

 (c)  Board audits; proof of completion. The Board may perform audits on professional nurses to determine compliance with the continuing education requirements. A professional nurse shall retain documentation of the nurse’s completion of continuing education for at least 5 years. A professional nurse shall comply with a request for submission of documents verifying the nurse’s completion of continuing education. The following documents shall be retained and submitted upon request:

   (1)  For attendance at continuing education programs or courses, the nurse shall retain the certificate of attendance provided by the program or course provider.

   (2)  For academic courses taken from an accredited college or university, the nurse shall retain the official transcript issued by the educational institution.

   (3)  For publication of a textbook or article, the nurse shall retain a copy of the published item, including the date of publication.

   (4)  For a research project, the nurse shall retain a copy of the research abstract, letter from the institutional review board granting approval for the research project and list of primary and co-investigators.

   (5)  For school nurses, evidence that the nurse’s certification by the Department of Education is current.

 (d)  Reinstatement of lapsed license or reactivation of inactive license. A licensee seeking to reinstate a lapsed license or reactivate an inactive license shall submit documentation to demonstrate that the licensee completed 30 hours of continuing education within the biennial period immediately preceding application for reinstatement. A refresher or reactivation course at an accredited school of nursing will be credited toward the 30-hour continuing education requirement as set forth in §  21.132 (relating to continuing education hours).

 (e)  Reinstatement of suspended license. A licensee seeking to reinstate a suspended license shall submit documentation to demonstrate that the licensee completed 30 hours of continuing education within the biennial period immediately preceding application for reinstatement.

 (f)  Waiver. A licensee may request a waiver of the continuing education requirement because of serious illness, military service or other demonstrated hardship. The licensee shall submit the request and any supporting documentation to the Board in writing at least 90 days prior to the licensee’s license expiration date. The Board will grant, deny or grant in part the request for waiver.

 (g)  Disciplinary action authorized.

   (1)  Failure to complete a minimum of 30 hours of continuing education in a biennial period will subject the professional nurse to discipline under section 13(b) of the act (63 P. S. §  223(b)) in accordance with the schedule of civil penalties in §  43b.18 (relating to schedule of civil penalties—nurses). A second or subsequent violation will subject the professional nurse to discipline under section 14(a)(3) of the act (63 P. S. §  224(a)(3)).

   (2)  A professional nurse who has not completed a minimum of 30 hours of continuing education shall report the number of continuing education hours completed on the biennial renewal application and shall make up the deficiency within 6 months of the expiration date of the nurse’s license. The licensee shall provide documentation demonstrating the completion of the entire 30-hour requirement to the Board immediately upon completion, but no later than 6 months after the end of the biennial renewal period.

   (3)  Notwithstanding any civil penalty assessed under paragraph (1), failure to provide the Board with documentation demonstrating the completion of 30 hours of approved continuing education within 6 months after the end of the biennial period in which the professional nurse was deficient will subject the licensee to discipline under section 14(a)(3) of the act.

   The provisions of this §  21.131 adopted under sections 2.1(k) and 12 of The Professional Nursing Law (63 P. S. § §  212 and 212.1(k).

   The provisions of this §  21.131 adopted July 11, 2008, effective July 12, 2008, 38 Pa.B. 3796.