THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY HUGHES, TARTAGLIONE, FONTANA AND STACK, MARCH 30, 2011

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 30, 2011  

AN ACT

Amending the act of July 2, 1993 (P.L.345, No.48), entitled "An

act empowering the General Counsel or his designee to issue

subpoenas for certain licensing board activities; providing

for hearing examiners in the Bureau of Professional and

Occupational Affairs; providing additional powers to the

Commissioner of Professional and Occupational Affairs; and

further providing for civil penalties and license

suspension," providing for criminal history record

information.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of July 2, 1993 (P.L.345, No.48),

entitled "An act empowering the General Counsel or his designee

to issue subpoenas for certain licensing board activities;

providing for hearing examiners in the Bureau of Professional

and Occupational Affairs; providing additional powers to the

Commissioner of Professional and Occupational Affairs; and

further providing for civil penalties and license suspension,"

is amended by adding a section to read:

Section 5.2.  Criminal history record information.

The Bureau of Enforcement and Investigation, licensing boards

and commissions under the Bureau of Professional and

Occupational Affairs and the Prosecution Division of the Legal

Office in the Department of State shall have the specific power

and duty, for purposes of licensing and enforcement, to receive

information otherwise protected by 18 Pa.C.S. Ch. 91 (relating

to criminal history record information). This information shall

be protected from dissemination as if the Bureau of Enforcement

and Investigation, the licensing boards or commissions and the

Prosecution Division of the Department of State were a criminal

justice agency as defined under 18 Pa.C.S. § 9102 (relating to

definitions) of the Criminal History Record Information Act. The

Bureau of Enforcement and Investigation, licensing boards and

commissions and Prosecution Division of the Department of State

may consider this information in determining whether to grant,

renew, suspend or revoke any license, certificate, registration

or permit.

Section 2.  This act shall take effect in 60 days.