PRINTER'S NO. 1781
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1492
Session of
2021
INTRODUCED BY COX, CIRESI, FREEMAN, HILL-EVANS, KEEFER, KINSEY,
NEILSON, RAPP, ROWE AND RYAN, JUNE 11, 2021
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 11, 2021
AN ACT
Amending Title 63 (Professions and Occupations (State Licensed))
of the Pennsylvania Consolidated Statutes, providing for
licensing for individuals with a criminal conviction and for
occupational licensing for low-income individuals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 63 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART III
LICENSING
Chapter.
41. Licensing for Individuals with a Criminal Conviction
43. Occupational Licensing for Low-Income Individuals
CHAPTER 41
LICENSING FOR INDIVIDUALS WITH A CRIMINAL CONVICTION
Sec.
4101. Scope of chapter.
4102. Definitions.
4103. Fundamental right.
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4104. Petition.
4105. Disqualifications.
4106. Issuance of determination.
4107. Adverse determination.
4108. Individual certification.
4109. Rescind determination.
4110. Prohibition.
4111. Specialty occupational license for medical reimbursement.
4112. Fee.
4113. Report.
§ 4 101. Scope of chapter.
This chapter relates to individuals with a criminal
conviction obtaining a professional or occupational license.
§ 4 102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certification." Nontransferable certification provided by a
licensing or certifying body to an applicant who is not
disqualified under section 4105 (relating to disqualifications).
"Lawful occupation." A course of conduct, pursuit or
profession that includes the sale of goods or services that are
not themselves illegal to sell regardless of whether the
individual selling the goods or services is subject to an
occupational regulation.
"Licensing or certifying body." The issuing body to whom an
individual has applied for a license or certification to conduct
or perform a lawful occupation or profession for which the
license or certification is required in this Commonwealth.
"Occupational license." A nontransferable license issued by
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a licensing or certifying body authorizing an individual who is
not disqualified under section 4105 to undertake a lawful
occupation for compensation.
" Specialty occupational license for medical reimbursement."
A nontransferable license issued by a licensing or certifying
body authorizing an individual who is not disqualified under
section 4105 to qualify for payment or reimbursement from an
agency operating in this Commonwealth for the nonexclusive
provision of medical services.
§ 4103. Fundamental right.
The right of an individual to pursue a lawful occupation is a
fundamental right, which shall include the following:
(1) The right of an individual with a criminal record to
petition the State to obtain a certification, occupational
license or specialty occupational license for medical
reimbursement.
(2) The right against the Commonwealth using an
individual's criminal record as an automatic bar to obtaining
a State license or certification.
§ 4104. Petition.
(a) General rule.--An individual with a criminal record may
petition a licensing or certifying body at any time, including
prior to obtaining required education or training, for a
determination of whether the individual's criminal record will
disqualify the individual from obtaining State recognition.
(b) Required information.--The individual shall include in
the petition under subsection (a) the individual's criminal
record. The individual may include additional information about
the individual's current circumstances, including the amount of
time since the offense, evidence of rehabilitation, testimonials
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and employment aspirations.
(c) Determination.--The following shall apply:
(1) Notwithstanding any other statute or rule, the
licensing or certifying body that received the individual's
petition under subsection (a) is authorized to determine
whether the individual's criminal record disqualifies the
individual from obtaining the requested license or
certification.
(2) The licensing or certifying body that received the
petition under paragraph (1) shall use the disqualifications
under section 4105 (relating to disqualifications) to
determine whether the individual is eligible for the license
or certification.
§ 4105. Disqualifications.
The licensing or certifying body shall approve an individual
unless the licensing or certifying body finds all of the
following:
(1) The individual's criminal record includes a
conviction for a felony or violent misdemeanor.
(2) The type of felony or violent misdemeanor for which
the individual was convicted is expressly codified as a
disqualifying offense in the relevant licensing or
certification statute.
(3) The licensing or certifying body concludes the State
has an important interest in protecting public safety that is
superior to the individual's right. The licensing or
certifying body may make this conclusion only if it
determines, by clear and convincing evidence at the time of
the petition, that:
(i) the specific offense for which the individual
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was convicted is substantially related to the State's
interest;
(ii) the individual, based on the nature of the
specific offense for which the individual was convicted
and the individual's current circumstances, is more
likely to reoffend by virtue of having the license than
if the individual did not have the license or
certification; and
(iii) a subsequent offense will cause greater harm
than the reoffense would if the individual did not have
the license or certification.
§ 4106. Issuance of determination.
The licensing or certifying body shall issue its
determination under this chapter within 90 days of receiving the
petition under section 4104 (relating to petition). The
determination shall be in writing and include a finding of facts
and a conclusion of law.
§ 4 107. Adverse determination.
(a) Remedy.--If the licensing or certifying body determines
the government's interest is superior to the individual's right,
the licensing or certifying body may advise the individual of
actions the individual may take to remedy the disqualification.
(b) Revised petition.--The individual may submit a revised
petition reflecting the completion of the remedies under
subsection (a) at any time after 90 days following the licensing
or certifying body's judgment.
(c) Appeal.--An individual may appeal a licensing or
certifying body's adverse determination under section 4106
(relating to issuance of determination) as provided by the
licensing or certifying body's rules and regulations regarding
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appeals of determinations.
(d) Time limitation.--The individual may submit a new
petition to the licensing or certifying body at any time after
two years following a final judgment of the initial petition.
§ 4108. Individual certification.
(a) General rule.--An individual who has received
certification may use the term certified as a designated title.
(b) Noncertified.--An individual who did not receive
certification may also perform the lawful occupation for
compensation but may not use the title certified.
§ 4109. Rescind determination.
The licensing or certifying body may rescind a determination
at any time if the individual is convicted of an additional
offense that the licensing or certifying body determines meets
the elements under section 4105 (relating to disqualifications).
§ 4110. Prohibition.
In an occupation for which a license is required, it is
illegal for an individual who does not possess a valid
occupational license to perform the occupation for compensation.
§ 4111. Specialty occupational license for medical
reimbursement.
(a) Recognition of credential.--A private company may
recognize the specialty occupational license for medical
reimbursement.
(b) Provision of services.--Notwithstanding the specialty
occupational license for medical reimbursement, it shall be
legal for an individual who does not possess a license:
(1) that is regulated under a separate occupational
regulation to provide similar services as defined in that
statute for compensation and reimbursement; or
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(2) to provide the identified medical services for
compensation but the nonlicensed individual shall not qualify
for payment or reimbursement from a government agency.
§ 4112. Fee.
The licensing or certifying body may charge a fee to recoup
costs, not to exceed $100 for each petition.
§ 4113. Report.
(a) General rule.--The Department of State shall compile an
annual report containing the following information:
(1) The number of applicants petitioning each licensing
or certifying body.
(2) The number of each licensing or certifying body's
approvals and denials.
(3) The type of offenses for which each licensing or
certifying body approved or denied a petition.
(4) Other data the Department of State determines is
necessary.
(b) Required information.--Each licensing or certifying body
shall provide the information described under subsection (a) to
the Department of State at the department's request.
(c) Disclosure of report.--The Department of State shall
publish each report on the department's publicly accessible
Internet website.
CHAPTER 4 3
OCCUPATIONAL LICENSING FOR LOW-INCOME INDIVIDUALS
Sec.
4 301. Definitions.
4 302. Fee waived.
§ 4 301. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Licensing or certifying body." The issuing body to whom an
individual has applied for a license or certification to conduct
or perform a lawful occupation or profession for which the
license or certification is required in this Commonwealth.
"Occupational license." A nontransferable license issued by
a licensing or certifying body authorizing an individual who is
not disqualified under section 4105 (relating to
disqualifications) to undertake a lawful occupation for
compensation.
§ 4 302. Fee waived.
An individual who obtains an occupational license from a
licensing or certifying body shall not be required to pay the
associated fee if the individual's household income is less than
200% of the Federal poverty line, as defined under section
673(2) of Subtitle B of the Community Services Block Grant Act
(Public Law 97-35, 95 Stat. 511), as adjusted from time to time.
Section 2. This act shall take effect in 60 days.
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