PRINTER'S NO. 2949
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2042
Session of
2018
INTRODUCED BY THOMAS, MURT AND RYAN, JANUARY 30, 2018
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 30, 2018
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 protections for licensees with
mental health history.
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 3.1. Protections for licensees with mental health
history.
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(a) General rule.--The Bureau of Professional and
Occupational Affairs and a licensing board or commission may not
take action against a licensee under this act solely on the
basis of present or past mental health history to:
(1) Refuse a license.
(2) Revoke a license.
(3) Suspend a license.
(4) Investigate a licensee.
(5) Require a licensee to undergo a mental health
examination.
(b) Burden of proof.--The burden shall be on the Bureau of
Professional and Occupational Affairs or a licensing board or
commission to prove that an action under subsection (a) is based
on a complaint or other information involving the licensee's
conduct or abilities and not based solely on present or past
mental health history.
(c) Restriction.--The Bureau of Professional and
Occupational Affairs or a licensing board or commission may not
investigate a licensee solely on the basis of a licensee's
disclosure of present or past mental health history to the
Department of State, Bureau of Professional and Occupational
Affairs or a licensing board or commission, including, but not
limited to, the disclosure of present or past mental health
history by a licensee when filing a complaint against another
licensee.
Section 2. A licensing board or licensing commission under
the Bureau of Professional Licensing shall promulgate
regulations necessary to effectuate this act no later than 120
days from the effective date of this act.
Section 3. This act shall take effect immediately.
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