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PRIOR PRINTER'S NOS. 1860, 3005
PRINTER'S NO. 3057
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1477
Session of
2019
INTRODUCED BY DELOZIER, HARRIS, BOBACK, BOYLE, BULLOCK, BURGOS,
CEPHAS, A. DAVIS, T. DAVIS, DELLOSO, DRISCOLL, EVERETT,
FITZGERALD, FRANKEL, FREEMAN, GOODMAN, HANBIDGE, HELM, HILL-
EVANS, KEEFER, KENYATTA, KINSEY, KOSIEROWSKI, MADDEN,
McCLINTON, MULLINS, NEILSON, SANCHEZ, SCHLOSSBERG, SCHWEYER,
SHUSTERMAN, WEBSTER, ZABEL, JONES, GAINEY, MARKOSEK, ECKER
AND ROAE, MAY 22, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 17, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 63 (Professions and
Occupations (State Licensed)) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for use of records by
licensing agencies; providing for preliminary provisions and
for Bureau of Professional and Occupational Affairs;
consolidating the provisions of Act 48 of 1993; and making a
related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9124(a) and (b)(2) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
SECTION 1. SECTION 9124(A), (B)(2) AND (C) INTRODUCTORY
PARAGRAPH OF TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
READ:
§ 9124. Use of records by licensing agencies.
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(a) State agencies.--Except as provided by this chapter and
specifically subsection (a.1), a board, commission or department
of the Commonwealth, when determining eligibility for licensing,
certification, registration or permission to engage in a trade,
profession or occupation, may consider convictions of the
applicant of crimes but the convictions shall not preclude the
issuance of a license, certificate, registration or permit.
(a.1) Application of other law.--The following provisions
shall apply to a licensing board or licensing commission under
the Bureau of Professional and Occupational Affairs in the
Department of State with respect to refusing to issue or renew,
suspending, revoking or limiting a license, certificate,
registration or permit:
(1) 63 Pa.C.S. § 3112 (relating to restricted licenses
for barbers and cosmetologists).
(2) 63 Pa.C.S. § 3112.1 (relating to restricted licenses
for other occupations).
(3) 63 Pa.C.S. § 3113 (relating to supplementary
provisions regarding CONSIDERATION OF criminal convictions).
(4) 63 Pa.C.S. § 3114 (relating to juvenile
adjudications).
(5) 63 Pa.C.S. § 3115 (relating to preliminary
determinations by licensing boards and licensing
commissions).
(6) 63 Pa.C.S. § 3116 (relating to best practices
guide).
(7) 63 Pa.C.S. § 3117 (relating to list of criminal
offenses).
(b) Prohibited use of information.--The following
information shall not be used in consideration of an application
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for a license, certificate, registration or permit:
* * *
(2) Convictions which have been annulled [or expunged.],
expunged or subject to limited access under sections 9122.1
(relating to petition for limited access) and 9122.2
(relating to clean slate limited access).
* * *
(C) STATE ACTION AUTHORIZED.--[BOARDS,] EXCEPT AS PROVIDED
IN 63 PA.C.S. § 3113 (RELATING TO CONSIDERATION OF CRIMINAL
CONVICTIONS), BOARDS, COMMISSIONS OR DEPARTMENTS OF THE
COMMONWEALTH AUTHORIZED TO LICENSE, CERTIFY, REGISTER OR PERMIT
THE PRACTICE OF TRADES, OCCUPATIONS OR PROFESSIONS MAY REFUSE TO
GRANT OR RENEW, OR MAY SUSPEND OR REVOKE ANY LICENSE,
CERTIFICATE, REGISTRATION OR PERMIT FOR THE FOLLOWING CAUSES:
* * *
Section 2. Title 63 is amended by adding parts to read:
PART I
PRELIMINARY PROVISIONS
(Reserved)
PART II
BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter
31. Powers and Duties
CHAPTER 31
POWERS AND DUTIES
Sec.
3101. Scope of chapter.
3102. Definitions.
3103. Investigatory subpoena power.
3104. Reporting of sanctions and criminal proceedings.
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3105. Hearing examiners.
3106. Suspension.
3107. Additional powers for commissioner.
3108. Civil penalties.
3109. Confidentiality of records of licensure boards.
3110. Reports.
3111. Licensure by endorsement.
3112. Restricted licenses for barbers and cosmetologists.
3112.1. Restricted licenses for other occupations.
3113. Supplementary provisions regarding criminal convictions.
CONSIDERATION OF CRIMINAL CONVICTIONS.
3114. Juvenile adjudications.
3115. Preliminary determinations by licensing boards and
licensing commissions.
3116. Best practices guide.
3117. List of criminal offenses.
3118. Report to General Assembly.
§ 3101. Scope of chapter.
This chapter relates to the powers and duties of the General
Counsel, the Bureau of Professional and Occupational Affairs and
licensing boards and licensing commissions.
§ 3102. 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:
"Bureau." The Bureau of Professional and Occupational
Affairs in the Department of State.
"Commissioner." The commissioner of the bureau.
"Criminal conviction." Includes a finding of guilty, a plea
of guilty or a plea of nolo contendere with respect to a
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criminal offense of this Commonwealth, or an equivalent crime
under the laws of this Commonwealth in effect at the time of the
commission of the criminal offense or an equivalent crime in
another jurisdiction.
"Directly relates." The nature of the criminal conduct for
which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the profession, trade or
occupation for which the individual seeks licensure.
"Disciplinary matter." A matter subject to a licensing
board's or licensing commission's jurisdiction in which the
licensing board or licensing commission has the authority to
refuse, suspend, revoke or limit a license, registration,
certificate or permit or to impose a civil penalty or other
discipline under an act.
"Expunge" or "expungement." Removal of a disciplinary
record, accomplished by:
(1) permanently sealing the affected record from public
access;
(2) deeming the proceedings to which the affected record
refers as not having occurred; and
(3) except with respect to any subsequent application
for expungement, affording the affected party the right to
represent that no record exists regarding the subject matter
of the affected record.
"Licensee." A person holding a license, registration,
certificate or permit with a licensing board or licensing
commission under the bureau.
"Licensing board." A departmental or administrative board
under the bureau.
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"Licensing commission." A departmental or administrative
commission under the bureau.
"Right-to-Know Law." T he act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
§ 3103. Investigatory subpoena power.
The General Counsel or a designee of the General Counsel
shall have the power and duty to issue subpoenas upon
application of an attorney responsible for representing the
Commonwealth in disciplinary matters before a licensing board or
licensing commission for the purpose of investigating alleged
violations of the disciplinary provisions administered by a
licensing board or licensing commission. The following apply:
(1) If disclosure is subject to a privilege provided by
law, patient or client records may not be subpoenaed without
the consent of the patient or client or without order of a
court of competent jurisdiction showing that the records are
reasonably necessary for the conduct of the investigation.
(2) The court may impose such limitation on the scope of
the subpoena as may be necessary to prevent unnecessary
intrusion into patient or client confidential information.
(3) The attorney responsible for representing the
Commonwealth in disciplinary matters before a licensing board
or licensing commission is authorized to apply to
Commonwealth Court to enforce the subpoenas.
(4) Nothing in this section shall be construed to excuse
a person from producing documents and records as requested by
a licensing board or licensing commission under any other
provision of law.
§ 3104. Reporting of sanctions and criminal proceedings.
(a) Duty.--A licensee, as a condition of licensure,
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certification, registration or holding a permit, shall provide
written notice of the following to the appropriate licensing
board or licensing commission within 30 days:
(1) A disciplinary action taken against the licensee by
a licensing agency of another jurisdiction.
(2) A finding or verdict of guilt, an admission of
guilt, a plea of nolo contendere, probation without verdict,
a disposition in lieu of trial or an Accelerated
Rehabilitative Disposition of a felony or misdemeanor
offense.
(b) Sanctions.--A licensing board or licensing commission
may take disciplinary action against a licensee who violates
this section.
§ 3105. Hearing examiners.
(a) Appointment.--
(1) Notwithstanding any other provision of law, the
commissioner, after consultation with the licensing boards
and licensing commissions, shall appoint hearing examiners as
may be necessary to conduct hearings in disciplinary matters
before a licensing board or licensing commission.
(2) Each licensing board and licensing commission shall
have the power to decide if a specific disciplinary matter or
type of disciplinary matter is to be heard by the licensing
board or licensing commission itself or by a hearing examiner
appointed under this subsection.
(b) Regulations.--The commissioner, after consultation with
the licensing boards and commissions, shall have the power to
promulgate regulations specifying the procedural rules to be
followed by hearing examiners in the conduct of hearings in
disciplinary matters before a licensing board or licensing
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commission. All proceedings shall be conducted in accordance
with the provisions of 2 Pa.C.S. (relating to administrative law
and procedure).
(c) Powers.--A hearing examiner shall have the power to:
(1) Conduct hearings in accordance with applicable
statutes, rules and regulations.
(2) Issue subpoenas requiring the attendance and
testimony of individuals or the production of pertinent
records or other papers by persons who, in the opinion of the
hearing examiner, have information relevant to any matters
pending before the hearing examiner and to issue decisions.
(d) Time periods.--
(1) In all disciplinary matters before a licensing board
or licensing commission, hearings shall commence within 90
days after the date on which an answer is filed.
(2) A continuance granted prior to the commencement of
the hearing shall toll the 90-day requirement by the period
of the continuance.
(3) A decision shall be rendered within 180 days after
the record is closed.
(4) The licensing board or licensing commission shall
render a final adjudication or decision on any exceptions to
the decision of a hearing examiner or any applications for
review within 90 days of the filing of the exceptions or
applications, provided that a board or commission may
delegate to a hearing examiner the authority to render a
final adjudication or decision in such cases as deemed
appropriate.
§ 3106. Suspension.
(a) Temporary suspension.--A licensing board or licensing
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commission may temporarily suspend a license, certificate,
registration or permit under circumstances as determined by the
licensing board or licensing commission to be an immediate and
clear danger to public health and safety. The following apply:
(1) The licensing board or commission shall issue an
order to that effect without a hearing, but upon due notice,
to the licensee concerned at the licensee's last known
address, which shall include a written statement of all
allegations against the licensee.
(2) After issuing the order under paragraph (1), the
licensing board or licensing commission shall commence formal
action to suspend, revoke or restrict the license,
certificate, registration or permit of the person concerned
as otherwise provided for by law.
(3) All actions shall be taken promptly and without
delay.
(b) Hearing.--Within 30 days following the issuance of an
order of temporary suspension, the licensing board or licensing
commission shall conduct or cause to be conducted a preliminary
hearing to determine whether there is a prima facie case
supporting the suspension. The following apply:
(1) The licensee whose license, certificate,
registration or permit has been temporarily suspended may:
(i) be present at the preliminary hearing;
(ii) be represented by counsel;
(iii) cross-examine witnesses;
(iv) inspect physical evidence;
(v) call witnesses;
(vi) offer evidence and testimony; and
(vii) make a record of the proceedings.
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(2) If it is determined that there is not a prima facie
case, the suspended license, certificate, registration or
permit shall be immediately restored.
(3) The temporary suspension shall remain in effect
until vacated by the licensing board or licensing commission,
but in no event longer than 180 days.
(c) Restoration.--Restoration of a license, certificate,
registration or permit shall be made as provided by law in the
case of revocation or suspension of the license, certificate,
registration or permit.
§ 3107. Additional powers for commissioner.
(a) Membership on boards and commissions.--In addition to
the powers and duties imposed under law, the commissioner or a
designee of the commissioner shall be a member of each of the
licensing boards and licensing commissions except the State
Board of Certified Real Estate Appraisers and the Navigation
Commission for the Delaware River and its Navigable Tributaries.
(b) Designee of Secretary of the Commonwealth.--The
commissioner or a designee of the commissioner may serve as the
designee of the Secretary of the Commonwealth on the Navigation
Commission for the Delaware River and its Navigable Tributaries.
§ 3108. Civil penalties.
(a) Authorization.--
(1) The commissioner, after consultation with the
licensing boards and licensing commissions, shall have the
power to adopt a schedule of civil penalties for operating
without a current, registered, unsuspended and unrevoked
license, registration, certificate or permit and for
violating a provision of the licensing board's or licensing
commission's respective acts or regulations relating to the
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conduct or operation of a business or facility licensed by
the licensing boards and licensing commissions. The following
apply:
(i) The schedule of penalties shall not be
applicable to disciplinary matters under the jurisdiction
of a licensing board or licensing commission unless that
licensing board or licensing commission has approved the
schedule.
(ii) The commission shall transmit notice of the
adoption of the schedule of penalties, guidelines for the
imposition of the schedule of penalties and procedures
for appeal to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin. The
commissioner shall, within two years of the publication
of the notice, promulgate a regulation specifying the
schedule of penalties, guidelines and procedures.
(iii) A penalty shall not exceed the sum of $1,000
per violation.
(iv) Duly authorized agents of the bureau shall have
the power and authority to issue citations and impose
penalties for violations.
(v) A penalty imposed may be appealed to a hearing
examiner or the licensing board or licensing commission
pursuant to the regulations promulgated under section
3105(b) (relating to hearing examiners).
(vi) If the appeal is initially to a hearing
examiner, the relevant licensing board or licensing
commission shall render a decision on any exceptions to
the decision of the hearing examiner or on any
applications for review in accordance with section
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3105(d).
(vii) All proceedings shall be conducted in
accordance with the provisions of 2 Pa.C.S. (relating to
administrative law and procedure).
(2) The commissioner shall expunge the disciplinary
record of a licensee, registrant, certificate holder or
permit holder if the imposition of discipline was for a
violation involving failure to complete continuing education
requirements or practicing for six months or less on a lapsed
license, registration, certificate or permit, subject to the
following:
(i) The licensee, registrant, certificate holder or
permit holder must make written application to the
commissioner for expungement not earlier than four years
from the final disposition of the disciplinary record.
(ii) The disciplinary record must be the only
disciplinary record that the licensee, registrant,
certificate holder or permit holder has with either the
commissioner or a licensing board or licensing commission
under the commissioner's jurisdiction.
(iii) The licensee, registrant, certificate holder
or permit holder must not be the subject of an active
investigation related to professional or occupational
conduct.
(iv) The licensee, registrant, certificate holder or
permit holder must not be in a current disciplinary
status, and any fees or fines assessed must be paid in
full.
(v) The licensee, registrant, certificate holder or
permit holder must not have had a disciplinary record
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previously expunged by the commissioner.
(vi) Disciplinary records involving imposition of
discipline for violations other than those identified in
this paragraph shall not be eligible for expungement.
(vii) The licensee, registrant, certificate holder
or permit holder shall pay all costs associated with the
expungement as established by the commissioner by
regulation.
(3) Nothing in this subsection shall prohibit a
licensing board or licensing commission from using previous
discipline for any regulatory purpose or from releasing
records of previous discipline upon request from law
enforcement or other governmental body as permitted by law.
(b) Additional powers.--In addition to the disciplinary
powers and duties of the licensing boards and licensing
commissions within the bureau under their respective practice
acts, licensing boards and licensing commissions shall have the
power, respectively:
(1) To impose discipline, including, but not limited to,
a civil penalty of up to $10,000 per violation on a licensee
or unlicensed person who violates a lawful disciplinary order
of the licensing board.
(2) To impose discipline, including, but not limited to,
a civil penalty of up to $10,000 per violation on a licensee
or unlicensed person who aids and abets the unlicensed
practice of a profession, occupation or business.
(3) To levy a civil penalty of not more than $10,000 per
violation on a corporation, partnership, institution,
association or sole proprietorship which aids and abets an
individual in the unlicensed practice of a profession. This
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penalty shall not, however, be levied against a person solely
as a consequence of that person being a patient or client of
the unlicensed individual.
(4) To levy a civil penalty of not more than $10,000 per
violation on a licensee or unlicensed person who violates a
provision of the applicable licensing act or licensing board
regulation.
(5) To assess against the respondent determined to be in
violation of the disciplinary provisions administered by a
licensing board or licensing commission in a disciplinary
proceeding pending before the licensing board or licensing
commission for final determination, as part of the sanction,
the costs of investigation underlying that disciplinary
action. The cost of investigation shall not include those
costs incurred by the licensing board or licensing commission
after the filing of formal actions or disciplinary charges
against the respondent.
(6) To collect all fees, costs, fines and penalties
assessed as a result of a disciplinary proceeding before a
licensing board or licensing commission.
(7) To deny, suspend or revoke a license, registration,
certification or permit for failure to pay any penalty, fee,
interest or cost assessed as a result of a disciplinary
proceeding before a licensing board or licensing commission.
(c) Restrictions.--
(1) Decisions rendered by a licensing board or licensing
commission on any exceptions to the decision of a hearing
examiner or on an application for review in accordance with
section 3105(d) to impose a civil penalty under this section
shall require the same number of votes required for the
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licensing board or licensing commission to impose a civil
penalty under any other act.
(2) Nothing in this section shall be construed to
restrict the powers and duties under any other act of a
licensing board or licensing commission in disciplinary
matters, except that a licensing board or licensing
commission may not impose a civil penalty under any other act
for the same violation for which a civil penalty has been
imposed under this section.
(d) Status of civil penalty.--A civil penalty, together with
any associated fee, interest or cost, imposed under this section
or imposed by a licensing board or licensing commission under
another act shall be a judgment in favor of the bureau upon the
person or the property of the person, whether real or personal,
and including any after-acquired property, upon whom the civil
penalty is imposed. The Attorney General shall be responsible
for enforcing the judgments in courts of competent jurisdiction
in accordance with 42 Pa.C.S. (relating to judiciary and
judicial procedure).
(e) Entry of judgment.--Within 60 months of the final
disposition of a disciplinary case, if an unpaid civil penalty,
fee, interest and cost of a licensee total $1,000 or more, the
licensing board or licensing commission, or the respective agent
of the licensing board or licensing commission, may transmit a
copy of the final disposition to the prothonotary of the court
of common pleas in the county where the licensee or property of
the licensee upon whom the penalty, fee, interest and cost are
imposed is located. The following apply:
(1) The prothonotary shall enter and docket the copy of
the final disposition without requiring payment of costs as a
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condition precedent to the entry of the copy of the final
disposition.
(2) The total of the penalty, fee, interest and cost
shall be entered as a judgment upon the licensee regardless
of whether the amount has been ordered to be paid in
installments.
(f) Priority of lien.--A lien obtained under this section
shall maintain its priority indefinitely, and no writ of revival
need be filed.
(g) Execution.--A writ of execution may directly issue upon
the lien without the issuance and prosecution to judgment of a
writ of scire facias, provided that a notice of the filing and
the effect of the lien be provided to the licensee not less than
10 days before the execution on the lien. Notice may be sent by
registered mail to the last known address of the licensee.
(h) Exception to execution.--The lien shall have no effect
upon any stock of goods, wares or merchandise regularly sold or
leased in the ordinary course of business by the licensee
against whom the lien has been entered, unless and until a writ
of execution has been issued and a levy made upon the stock of
goods, wares and merchandise.
(i) Satisfaction.--Once a judgment is paid in full to the
licensing board or licensing commission, or the respective agent
of the licensing board or licensing commission, the licensing
board or licensing commission, or the respective agent of the
licensing board or licensing commission, shall, within 90 days,
notify the prothonotary in writing of receipt of payment in full
and request the judgment be noted as satisfied in full.
(j) Applicability.--This section shall apply only to
disciplinary proceedings commenced on or after August 31, 1993.
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(k) 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:
"Unlicensed practice." Any of the following:
(1) Practicing a profession or occupation or operating a
business for which a license, registration, certificate or
permit is required without holding a valid, unexpired,
unrevoked or unsuspended authority to do so.
(2) Representing to the public or a person, through
offerings, advertisements or the use of a title, that the
individual is qualified to practice a profession, occupation
or business for which a license, registration, certificate or
permit is required without holding a valid, unexpired,
unrevoked or unsuspended authority to do so.
§ 3109. Confidentiality of records of licensure boards.
(a) General rule.--
(1) All records under section 708(b)(17) of the Right-
to-Know Law, relating to a noncriminal investigation,
including prosecutorial memos and transcripts of depositions ,
undertaken by the Bureau of Enforcement and Investigation and
the Prosecution Division of the Department of State, Office
of Chief Counsel on behalf of the licensing boards within the
Department of State or concerning a licensure-related
complaint filed with the Department of State shall be
confidential and privileged.
(2) No person who has investigated or has access to or
custody of documents, materials or information that are
confidential and privileged under this subsection shall be
required to testify in a judicial or administrative
proceeding unless directed to do so by a court of competent
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jurisdiction without the written consent of the licensing
board that regulates the profession involved.
(3) This subsection shall not preclude or limit
introduction of the contents of an investigative file or
related witness testimony in a hearing or proceeding held
before the licensing boards within the Department of State.
(4) This section shall not apply to letters to a
licensee or other documents that disclose the final outcome
of an investigation or to final adjudication or orders issued
by the licensure board.
(b) Certain disclosure permitted.--
(1) Except as provided under subsection (a), this
section shall not prevent disclosure of documents, materials
or information pertaining to the status of a license, permit
or certificate issued or prepared by the licensing boards or
the sharing of information with law enforcement authorities
or professional licensure regulatory boards in other
jurisdictions or information relating to a public
disciplinary proceeding or hearing.
(2) Any other disclosure of records under section 708(b)
(17) of the Right-to-Know Law relating to a noncriminal
investigation, including prosecutorial memos and transcripts
of depositions by employees or agents of the Department of
State, Office of Chief Counsel, Bureau of Professional and
Occupational Affairs and the Bureau of Enforcement and
Investigation may be made only in furtherance of an
investigation or prosecution of alleged violations of
applicable licensing statutes, codes or regulations.
(3) Violations of this subsection shall subject the
employee or agent to administrative discipline, including
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discharge, suspension or other formal or appropriate
disciplinary action.
(c) Confidentiality affidavits.--All employees and agents of
the Department of State Office of Chief Counsel, Bureau of
Professional and Occupational Affairs and the Bureau of
Enforcement and Investigation shall execute a confidentiality
affidavit that provides that documents, materials or information
under subsection (a), obtained by employees and agents of the
Department of State, Office of Chief Counsel, Bureau of
Professional and Occupational Affairs and the Bureau of
Enforcement and Investigation shall be considered confidential
and may be disclosed only as permitted under subsections (a) and
(b).
(d) Waiver prohibited.--A licensing board or licensing
commission may not require an applicant to waive any
confidentiality provided for under this section as a condition
for the approval of a license or any other action of the board.
§ 3110. Reports.
Licensing boards and licensing commissions shall submit
annually to the Consumer Protection and Professional Licensure
Committee of the Senate and to the Professional Licensure
Committee of the House of Representatives a report containing
the following:
(1) Description of the types of complaints received.
(2) Status of cases.
(3) Total number of cases and type of disciplinary
action taken.
(4) Percentage of disciplinary actions in relation to
the total number of licensees.
(5) Number of closed cases.
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(6) Average number of days to close a case.
(7) Number of revocations and suspensions.
(8) Percentage of revocations and suspensions in
relation to the total number of licensees.
§ 3111. Licensure by endorsement.
(a) General rule.--Notwithstanding any existing provisions
related to licensure by endorsement or licensure by reciprocity
in an applicable licensing statute, a licensing board or
licensing commission shall issue a license, certificate,
registration or permit to an applicant to allow practice in this
Commonwealth if, upon application to the licensing board or
licensing commission, the applicant satisfies all of the
following conditions:
(1) Holds a current license, certificate, registration
or permit from another state, territory or country and the
licensing board or licensing commission determines that
state's, territory's or country's requirements are
substantially equivalent to or exceed the requirements
established in this Commonwealth.
(2) Demonstrates competency in the profession or
occupation through methods determined by the licensing board
or licensing commission, including having completed
continuing education or having experience in the profession
or occupation for at least two of the five years preceding
the date of the application under this section.
(3) Has not committed any act that constitutes grounds
for refusal, suspension or revocation of a license,
certificate, registration or permit to practice that
profession or occupation in this Commonwealth unless the
licensing board or licensing commission determines, in its
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discretion, that the act should not be an impediment to the
granting of a license, certificate, registration or permit to
practice in this Commonwealth.
(4) Is in good standing and has not been disciplined by
the jurisdiction that issued the license, certificate,
registration or permit unless the licensing board or
licensing commission determines, in its discretion, that the
discipline should not be an impediment to the granting of a
license, certificate, registration or permit to practice in
this Commonwealth.
(5) Pays any fees established by the licensing board or
licensing commission by regulation.
(b) Provisional endorsement license.--A licensing board or
licensing commission may issue a provisional license,
certificate, registration or permit to an applicant for
licensure by endorsement while the applicant is satisfying
remaining requirements for the licensure by endorsement as
determined by the licensing board or licensing commission. The
holder of a provisional endorsement license issued under this
subsection may practice until any of the following occurs:
(1) A license, certificate, registration or permit is
denied by the licensing board or licensing commission under
this section.
(2) The expiration of the provisional endorsement
license as established by the licensing board or licensing
commission by regulation.
(3) The holder of the provisional endorsement license
fails to comply with the terms of the provisional license.
(c) Construction.--Nothing in this section is intended to
supersede or replace existing statutory provisions relating to
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licensure by endorsement or licensure by reciprocity applicable
to licensing boards and licensing commissions through their
respective enabling statutes.
§ 3112. Restricted licenses for barbers and cosmetologists.
(a) Supplementary provisions.--Notwithstanding any provision
of law to the contrary, as an alternative to refusing to issue
or renew, suspending, revoking or limiting a license as a result
of a finding that an applicant for a barber's license OR A
COSMETOLOGY LICENSE lacks the fitness to engage in the practice
of barbering under section 3(a) of the act of June 19, 1931
(P.L.589, No. 202), referred to as the Barbers' License Law, or
that an applicant for a cosmetology li cense is not of good moral
character under section 4(a) of IN TH E PRACTICE OF COSMETOLOGY
UNDER the act of May 3, 1933 (P.L.242, No.86), referred to as
the Cosmetology Law, due to a criminal conviction, or is
otherwise ineligible for a license as a barber or cosmetologist
as a result of a criminal conviction, the State Board of Barber
Examiners or the State Board of Cosmetology may issue a
restricted license for a term not less than one year and not
more than two years to an applicant for a license under the
Barbers' License Law or the Cosmetology Law. The following
apply:
(1) The State Board of Barber Examiners or the State
Board of Cosmetology shall determine the period of time
during which the respective applicant shall operate under a
restricted license.
(2) The State Board of Barber Examiners or the State
Board of Cosmetology shall notify the respective applicant of
that period of time and the conditions placed on the
restricted license under subsection (c).
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(b) Demonstration of fitness.--Notwithstanding any other
provision of law to the contrary and the individual's criminal
convictions, an applicant for a restricted license may
demonstrate fitness for issuance of a restricted license to
practice barbering or cosmetology by introducing evidence of the
following, as applicable:
(1) While incarcerated, the individual maintained a
record of good behavior, including the successful completion
of any required rehabilitative programming offered by a
county correctional facility or the Department of
Corrections.
(2) If incarcerated by a county correctional facility or
the Department of Corrections and enrolled in a program
regarding barbering or cosmetology, the individual has
successfully completed the requisite education or training
requirements of the program.
(3) The individual has not been found to be in violation
of probation or parole.
(4) The individual has demonstrated a commitment to
living a law-abiding life, which may be established by a
letter of recommendation from the individual's probation
officer, parole officer or appropriate official within the
county correctional facility or the Department of
Corrections, or any other means, at the discretion of the
State Board of Barber Examiners or the State Board of
Cosmetology, as applicable.
(c) Conditions for restricted license.--The State Board of
Barber Examiners or the State Board of Cosmetology shall impose
conditions on a holder of a restricted license, including any of
the following:
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(1) Limiting the scope or location of the restricted
license holder's practice.
(2) R equiring the restricted license holder to be
reasonably supervised during business hours by a licensed
manager-barber or a licensee designated in charge of the
barber shop or a licensed cosmetology teacher or salon owner
or designated person in charge of the salon, as applicable.
(3) Requiring the restricted license holder to notify
the State Board of Barber Examiners or the State Board of
Cosmetology, as applicable, in writing as soon as is
practicable of a change in the supervisor specified under
paragraph (2).
(4) Requiring the restricted license holder to abide by
any other condition that the State Board of Barber Examiners
or the State Board of Cosmetology, as applicable, deems
appropriate.
(d) Revocation.--A restricted license shall be immediately
revoked if any of the following occurs:
(1) The restricted license holder is convicted of an
offense graded as a misdemeanor or felony in this
Commonwealth or a similar or equivalent offense in another
jurisdiction following the receipt of the restricted license.
(2) T he restricted license holder fails to comply with
any condition imposed by the State Board of Barber Examiners
or the State Board of Cosmetology and specified under
subsection (c).
(e) Compliance.--Within 30 days of the conclusion of the
term of the restricted license, the supervising licensed
manager-barber or a licensee designated in charge of the barber
shop or a licensed cosmetology teacher or salon owner or
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designated person in charge of the salon, as appropriate, shall
provide written notice to the State Board of Barber Examiners or
the State Board of Cosmetology, as to whether the restricted
license holder complied with all conditions imposed under
subsection (c). If the restricted license holder meets all of
the other qualifications for licensure under the Barbers'
License Law or the Cosmetology Law, the State Board of Barber
Examiners or the State Board of Cosmetology shall issue a
license to practice under the Barbers' License Law or the
Cosmetology Law, as appropriate.
(f) Construction.--Nothing in this section shall be
construed to restrict any of the other powers and duties of the
State Board of Cosmetology or the State Board of Barber
Examiners.
Section § 3112.1. Restricted licenses for other occupations.
(a) Occupations other than barbering and cosmetology.--
Notwithstanding any provision of law to the contrary, if a
county correctional facility or the Department of Corrections
offers training in the occupation, other than barbering and
cosmetology, which requires the issuance of a license,
certificate, registration or permit by the bureau in order to
engage in that occupation, the applicable licensing board or
licensing commission may issue a restricted license to an
applicant as specified in this section as an alternative to
refusing to issue or renew, suspending, revoking or limiting a
license as a result of a finding that the applicant for a
license, certificate, registration or permit lacks the fitness
to engage in the occupation due to a criminal conviction or is
otherwise ineligible for licensure due to a criminal conviction.
The following shall apply:
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(1) The applicable licensing board or commission shall
determine the period of time during which the applicant shall
operate under a restricted license. The minimum period of
time shall be one year. The maximum period of time shall be
two years.
(2) The applicable licensing board or licensing
commission shall notify the applicant of the time period
under paragraph (1) and the conditions placed on the
restricted license under subsection (c).
(b) Demonstration of fitness.--Notwithstanding any other
provision of law to the contrary and the criminal conviction, an
applicant for a restricted license may demonstrate fitness for
issuance of a restricted license to practice by introducing
evidence of the following:
(1) While incarcerated, the individual maintained a
record of good behavior, including the successful completion
of any required rehabilitative programming offered by a
county correctional facility or the Department of
Corrections.
(2) If incarcerated by a county correctional facility or
the Department of Corrections and enrolled in a program
regarding the occupation for which a restricted license is
sought, the applicant successfully completed the requisite
education or training requirements of the program.
(3) The applicant has not been found to be in violation
of probation or parole.
(4) The applicant has demonstrated a commitment to
living a law-abiding life, which may be established by a
letter of recommendation from the applicant's probation
officer, parole officer or appropriate official within the
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county correctional facility or the Department of
Corrections, or by any other means, at the discretion of the
licensing board or licensing commission, as applicable.
(c) Conditions.--The licensing board or licensing commission
shall impose conditions on a holder of a restricted license,
including:
(1) Limiting the scope or location of the restricted
license holder's practice.
(2) Requiring the restricted license holder to be
reasonably supervised during business hours by an individual
licensed by the licensing board or licensing commission, as
applicable.
(3) Requiring the restricted license holder to notify
the licensing board or licensing commission, as applicable,
in writing as soon as is practicable of a change in the
supervisor under paragraph (2).
(4) Requiring the restricted license holder to abide by
any other condition the licensing board or licensing
commission, as applicable, deems appropriate.
(d) Revocation.--The restricted license shall be immediately
revoked if any of the following occurs:
(1) The restricted license holder is convicted of an
offense graded as a misdemeanor or felony in this
Commonwealth or a similar or equivalent offense in another
jurisdiction following the receipt of the restricted license.
(2) The restricted license holder fails to comply with
any of the conditions imposed by the licensing board or
licensing commission, as applicable, under subsection (c).
(e) Notice.--Within 30 days of the conclusion of the term of
the restricted license, the licensee supervising the holder of
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the restricted license shall provide written notice to the
licensing board or licensing commission, as appropriate, as to
whether the restricted license holder complied with all
conditions imposed by the licensing board or licensing
commission under subsection (c). If the restricted license
holder meets all of the other qualifications for licensure under
the applicable practice act, the licensing board or licensing
commission, as appropriate, shall issue a license to practice
that occupation.
(f) Construction.--Nothing in this section shall be
construed to restrict any of the other powers and duties of the
licensing board or licensing commission, as applicable.
§ 3113. Supplementary provisions regarding criminal
convictions.
(a) Supplementary provisions.--Except as provided in
sections 3112 (relating to restricted licenses for barbers and
cosmetologists) and 3112.1 (relating to restricted licenses for
other occupations), notwithstanding any provision of law to the
contrary, as an alternative to a licensing board or licensing
commission refusing to issue or renew, suspending, revoking or
limiting a license, certificate, registration or permit under 18
Pa.C.S. § 9124 (relating to use of records by licensing
agencies) or under the practice acts of the licensing board or
licensing commission due to a criminal conviction, the licensing
board or licensing commission may determine that an individual
with a criminal conviction meets the qualifications for a
license, certificate, registration or permit if the individual
meets the requirements of this section.
§ 3113. CONSIDERATION OF CRIMINAL CONVICTIONS.
(A) APPLICABILITY.--THIS SECTION SHALL APPLY TO LICENSING
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BOARDS AND LICENSING COMMISSIONS NOTWITHSTANDING THE FOLLOWING:
(1) ANY OTHER STATUTORY PROVISION TO THE CONTRARY
REGARDING THE CONSIDERATION OF GOOD MORAL CHARACTER, CRIMES
OF MORAL TURPITUDE OR ETHICAL OR HONEST PRACTICE WITH RESPECT
TO DISQUALIFICATION OF LICENSURE DUE TO CRIMINAL CONVICTION.
(2) 18 PA.C.S. § 9124(C) (RELATING TO USE OF RECORDS BY
LICENSING AGENCIES).
(3) ANY OTHER STATUTORY PROVISION THAT DISQUALIFIES AN
INDIVIDUAL FROM HOLDING A LICENSE, CERTIFICATE, REGISTRATION
OR PERMIT DUE TO THE INDIVIDUAL'S CRIMINAL CONVICTION.
(A.1) CONSIDERATION.--A LICENSING BOARD OR LICENSING
COMMISSION MAY NOT CONSIDER THE PROVISIONS SPECIFIED UNDER
SUBSECTION (A) IN DETERMINING WHETHER AN INDIVIDUAL QUALIFIES
FOR A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT BUT INSTEAD
SHALL DETERMINE THE INDIVIDUAL'S QUALIFICATION FOR A LICENSE,
CERTIFICATE, REGISTRATION OR PERMIT IN ACCORDANCE WITH THE
PROCEDURES SPECIFIED UNDER THIS SECTION.
(b) Analysis of criminal convictions.--Except as provided in
subsections (d), (e) and (f), a licensing board or a licensing
commission shall engage in a two-stage analysis of the criminal
convictions of the applicant. The following shall apply:
(1) The first stage of the analysis shall determine
whether the criminal conviction directly relates to the
occupation, trade or profession for which the individual
seeks licensure by reviewing the schedule of offenses in
section 3117 (relating to list of criminal offenses). If the
offense is found on the list of offenses that are directly
related to the occupation, trade or profession, the licensing
board or licensing commission shall then determine whether
licensure of the individual would pose a substantial risk to
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the health and safety of the individual's patients or clients
or the public or a substantial risk of further criminal
convictions by conducting the individualized assessment
specified in subsection (c). There shall be a rebuttable
presumption that licensure of the individual with a criminal
conviction that directly relates to the occupation, trade or
profession would pose a substantial risk to the health and
safety of the individual's patients or clients or the public
or a substantial risk of further criminal convictions. The
individual may rebut the presumption by showing evidence of
rehabilitation, as specified in the factors in subsection
(c).
(2) If, after reviewing the schedule of offenses in
section 3117, the criminal conviction is determined not to be
directly related to the occupation, trade or profession, the
licensing board or licensing commission shall proceed to the
second stage of the analysis of the criminal conviction.
During the second stage of the analysis, the licensing board
or licensing commission shall determine whether, due to the
nature of the criminal conviction, licensure of the
individual would pose a substantial risk to the health and
safety of the individual's patients or clients or the public
or a substantial risk of further criminal convictions by
conducting the individualized assessment specified in
subsection (c). The individual may rebut the determination by
showing evidence of rehabilitation, as specified in the
factors in subsection (c).
(c) Individualized assessment.--A licensing board or
licensing commission shall conduct an individualized assessment
of the individual with respect to criminal convictions and
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rehabilitation. The licensing board or licensing commission
shall consider the following factors in order to determine
whether the individual meets the requirements for issuance of a
license, certificate, registration or permit under subsection
(b)(1) or (b)(2):
(1) Whether the criminal conduct for which the
individual was convicted involved an act or threat of harm
against the individual. For purposes of this paragraph, the
term "harm" includes harm to the victim, the personal
property of the victim or reputation of the victim.
(2) The facts and circumstances surrounding the criminal
conviction.
(3) The number of criminal convictions.
(4) Increase in age or maturity of the individual since
the date of the criminal conviction.
(5) The individual's criminal history or lack of
criminal history after the date of conviction.
(6) Successful completion of education and training
activities, including those in a county correctional facility
or the Department of Corrections.
(7) References from employers or others, including
personnel of the county correctional facility or the
Department of Corrections.
(8) Progress in personal rehabilitation since the
conviction.
(9) Whether the individual meets all other licensing
qualifications of the applicable practice act, including any
examination requirements.
(10) The individual's criminal history, or lack of
criminal history, after the date of the criminal conviction
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while engaged in the same or similar profession or
occupation.
(11) Any other factor deemed relevant to the licensing
board or licensing commission regarding the fitness of the
individual for licensure.
(d) Sexual offenses.--When determining eligibility for
licensure as a health care practitioner, a licensing board or
licensing commission may not issue a license, registration,
certificate or permit or otherwise allow an individual to
practice as a health care practitioner if the individual has
been convicted of a sexual offense.
(e) Crimes of violence.--An individual convicted of a crime
of violence as defined in 42 Pa.C.S. § 9714 (relating to
sentences for second and subsequent offenses) may be granted a
license, registration, certificate or permit by a licensing
board or licensing commission if all of the following apply:
(1) If the individual was incarcerated, at least three
years have elapsed since release from incarceration. The
period of three years shall be tolled for a violation of
parole.
(2) If the individual is serving a sentence other than a
period of confinement in a State or county correctional
facility, at least three years have elapsed since imposition
of sentence.
(3) The individual has remained conviction-free during
the periods specified in paragraph (1) or (2).
(4) The individual demonstrates significant
rehabilitation since the criminal conviction.
(5) The licensing board or licensing commission
determines, by using the factors in subsection (c), except
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for subsection (c)(8), that licensure of the individual does
not pose a substantial risk to the health and safety of the
individual's patients or clients or the public or a
substantial risk of further criminal convictions.
(f) Drug trafficking.--Notwithstanding any provision of law
to the contrary, the provisions of the respective practice acts
relating to felony drug convictions under the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or a conviction for an offense under
the laws of another jurisdiction which, if committed in this
Commonwealth, would be a felony under the Controlled Substance,
Drug, Device and Cosmetic Act, shall apply to an individual who
has been convicted of a drug trafficking offense.
(g) Construction.--Nothing in this section shall be
construed to restrict any of the other powers and duties of a
licensing board or licensing commission in disciplinary or
licensure matters.
(h) Public information.--Except for name, address and other
identifying information, a determination under this section
shall be public information.
(i) 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:
"Drug trafficking offense." A violation of section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device and
Cosmetic Act, if the controlled substance or a mixture
containing it is:
(1) Marijuana, if the amount of marijuana involved is at
least 10 50 pounds or at least 21 51 live plants.
(2) A narcotic drug classified in Schedule I or Schedule
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II under section 3 OR 4 of The Controlled Substance, Drug,
Device and Cosmetic Act, if the aggregate weight of the
compound or mixture containing the substance involved is at
least 10 100 grams.
(3) Any of the following, if the aggregate weight of the
compound or mixture of the substance involved is at least 10
100 grams:
(i) Coca leaves.
(ii) A salt, compound, derivative or preparation of
coca leaves.
(iii) A salt, compound, derivative or preparation
which is chemically equivalent or identical with any of
the substances under subparagraphs (i) and (ii).
(iv) A mixture containing any of the substances
under subparagraphs (i) and (ii), except decocainized
coca leaves or extracts of coca leaves which do not
contain cocaine or ecgonine.
(4) Any of the following, if the aggregate weight of the
compound or mixture of the substance involved is at least 10
100 grams:
(i) Methamphetamine.
(ii) Phencyclidine.
(iii) A salt, isomer or salt of an isomer of
methamphetamine or phencyclidine.
(iv) A mixture containing:
(A) Methamphetamine or phencyclidine.
(B) A salt of methamphetamine or phencyclidine.
(C) An isomer of methamphetamine or
phencyclidine.
(D) A salt of an isomer of methamphetamine or
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phencyclidine.
(5) Heroin or a mixture containing heroin, if the
aggregate weight of the compound or mixture containing the
heroin is five 50 grams or greater.
(6) A mixture containing 3,4-methylenedioxyamphetamine
(MDA); 3,4-methylenedioxymethamphetamine (MDMA); 5-methoxy-
3,4-methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine.
when the aggregate weight of the compound or mixture
containing the substance involved is at least 100 1,000
tablets, capsules, caplets or other dosage units or 30 300
grams.
(7) Fentanyl or a mixture containing fentanyl, if the
aggregate weight of the compound or mixture containing the
fentanyl is five 10 grams or more.
(8) CARFENTANIL OR A MIXTURE CONTAINING CARFENTANIL, IF
THE AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE CONTAINING
THE CARFENTANIL IS ONE GRAM OR MORE.
"Healing arts." The science and skill of diagnosis or
treatment in any manner whatsoever of disease or any ailment of
the human body.
"Health care practitioner." An individual who is authorized
to practice some component of the healing arts by a license,
certificate, registration or permit issued by a licensing board
or licensing commission.
"Sexual offense." An act, conspiracy or solicitation to
commit any of the following offenses or an equivalent crime in
another jurisdiction:
(1) 18 Pa.C.S. § 2910 (relating to luring a child into a
motor vehicle or structure).
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(2) Any of the offenses enumerated in 18 Pa.C.S. Ch. 30
(relating to human trafficking) if the offense involved
sexual servitude.
(3) Any of the offenses enumerated in 18 Pa.C.S. Ch. 31
(relating to sexual offenses).
(4) 18 Pa.C.S. § 4302 (relating to incest).
(5) 18 Pa.C.S. § 4304(a)(1) (relating to endangering
welfare of children) if the offense involved sexual contact
with the victim.
(6) 18 Pa.C.S. § 5901 (relating to open lewdness) if the
offense involved a minor under 18 years of age.
(7) 18 Pa.C.S. § 5902(b) or (b.1) (relating to
prostitution and related offenses).
(8) 18 Pa.C.S. § 5903 (relating to obscene and other
sexual materials and performances) if the offense involved a
minor under 18 years of age.
(9) 18 Pa.C.S. § 6301(a)(1)(i) (relating to corruption
of minors) if the offense involved sexual contact with the
victim.
(10) 18 Pa.C.S. § 6301(a)(1)(ii).
(11) 18 Pa.C.S. § 6312 (relating to sexual abuse of
children).
(12) 18 Pa.C.S. § 6318 (relating to unlawful contact
with minor).
(13) 18 Pa.C.S. § 6320 (relating to sexual exploitation
of children).
(14) 18 Pa.C.S. § 7507.1 (relating to invasion of
privacy).
§ 3114. J uvenile adjudications.
Notwithstanding any provision of law to the contrary, when
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determining whether an applicant is qualified to be issued a
license, registration, certificate or permit, a licensing board
or licensing commission may not consider the applicant's
juvenile adjudications.
§ 3115. Preliminary determinations by licensing boards and
licensing commissions.
(a) Request for preliminary determination.--An individual
with a criminal conviction may request in writing that a
licensing board or licensing commission provide a preliminary
determination regarding whether the individual's criminal
conviction will likely disqualify the individual from receiving
a license, certificate, registration or permit. The following
apply:
(1) The individual may make the written request at any
time, including prior to obtaining any mandatory education or
training relating to a trade, profession or occupation,
either as part of the application for licensure or separately
from an application for licensure.
(2) The written request shall be submitted on a form
prescribed by the licensing board or licensing commission and
shall include the following information:
(i) Identification of the license, certificate,
registration or permit for which the individual may
apply.
(ii) A detailed description of any criminal
proceedings PROCEEDING that resulted in a judgment
CRIMINAL CONVICTION against the individual.
(iii) Any other information that the individual
believes would assist the licensing board or licensing
commission with the determination.
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(b) Determination.--
(1) If the written request under subsection (a) is
submitted separately from an application for licensure, the
licensing board or licensing commission shall issue the
determination within 45 business days.
(2) If the determination is part of the application, the
determination shall be issued as soon as is practicable.
(3) The form developed by the licensing board or
licensing commission for the determination shall provide
notice that , EXCEPT WITH REGARD TO THE DETAILED DESCRIPTION
UNDER SUBSECTION (A)(2)(II) AND AS SPECIFIED UNDER PARAGRAPH
(4), the determination is neither final nor binding.
(4) A licensing board or licensing commission shall not
be bound by the determination under this section if the
individual applies for a license, certificate, registration
or permit.
(4) THE DETERMINATION BY THE LICENSING BOARD OR
LICENSING COMMISSION SHALL BE BINDING, SUBJECT TO:
(I) A REVIEW OF CRIMINAL HISTORY RECORD INFORMATION
SUBMITTED DURING THE APPLICATION PROCESS.
(II) SECTION 3113 (RELATING TO CONSIDERATION OF
CRIMINAL CONVICTIONS).
(5) The determination shall have no precedential value
and may not be relied upon by another individual applying for
a license, certificate, registration or permit.
(c) Public record.--A written request for a determination
and a determination issued by a licensing board or licensing
commission under this section shall be, with the exception of
name, address and other identifying information, a public
record.
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(d) Fees.--
(1) A licensing board or licensing commission may charge
a fee for the determination, however, the fee may not exceed
an amount sufficient to reimburse the licensing board or
licensing commission for the administrative costs associated
with processing the preliminary determination.
(2) The fee for the determination may not exceed $45 for
each written request filed before January 1, 2022.
(3) The commissioner, after consultation with the
licensing boards and licensing commissions, shall adopt a
schedule of fees to apply on January 1, 2022, and each year
thereafter relating to the cost for a determination under
this section. The following apply:
(i) Within 180 days of the effective date of this
subsection, the commissioner shall transmit notice of the
adoption of the schedule of fees to the Legislative
Reference Bureau for publication in the Pennsylvania
Bulletin within 10 days after receipt of the notice. The
schedule of fees must include a procedure for the
licensing boards and licensing commissions to issue
determinations and waive the fee if payment of the fee
would constitute an economic hardship for the applicant.
(ii) Within two years of the publication of the
schedule of fees and procedure under subparagraph (i),
the commissioner shall promulgate a regulation specifying
the schedule of fees and establishing a procedure for
waiving the fee if payment of the fee would constitute an
economic hardship for the applicant.
§ 3116. Best practices guide.
(a) Development of guide.--Within 180 days of the effective
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date of this subsection, the Department of State shall, in
collaboration with the licensing boards and licensing
commissions, develop a guide of best practices for an applicant
with a criminal conviction to use when seeking a license,
certificate, registration or permit. The following apply:
(1) The guide shall be published in both English and
Spanish.
(2) The guide shall include, at a minimum, a summary of
the provisions of the following:
(i) Section 3112 (relating to restricted licenses
for barbers and cosmetologists).
(ii) Section 3112.1 (relating to restricted licenses
for other occupations).
(iii) Section 3113 (relating to supp lementary
provisions regarding CONSID ERATION OF criminal
convictions).
(iv) Section 3114 (relating to juvenile
adjudications).
(v) Section 3115 (relating to p reliminary
determinations by licensing boards and licensing
commissions).
(vi) Section 3117 (relating to list of criminal
offenses).
(b) Publication and distribution.--Within 180 days of the
effective date of this subsection, the Department of State shall
publish the guide under subsection (a) on its publicly
accessible Internet website and shall provide a written copy
upon request. The written copy of the guide shall be provided
without cost to the person requesting the guide.
§ 3117. L ist of criminal offenses.
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(a) Duty of commissioner.--After consultation with the
licensing boards and licensing commissions, the commissioner
shall have the power and duty to publish a schedule of criminal
convictions that may constitute grounds to refuse to issue O R
RENEW , suspend or revoke a license, certificate, registration or
permit for each occupation or profession under the respective
practice acts. The following shall apply:
(1) The schedule shall indicate which offenses are those
that the licensing board or licensing commission deems as
directly relating to the occupation, trade or profession.
(2) The schedule shall indicate the licensing board and
licensing commission responsible for licensure of each
occupation or profession.
(3) Within 180 days of the effective date of this
subsection, the commissioner shall transmit notice of the
completion of the schedule to the Legislative Reference
Bureau for publication in the Pennsylvania Bulletin.
(4) Within two years of the publication under paragraph
(3), the commissioner shall transmit notice of a regulation
to the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin. The regulation shall be subject to the
act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act.
(5) The commissioner shall submit a regulation to update
the schedule of criminal convictions as often as the
commissioner deems appropriate to reflect new statutory
enactments of the General Assembly affecting the schedule.
(b) Public comment period.--Within 120 days of the
publication of the schedule in the Pennsylvania Bulletin under
subsection (a), the commissioner shall submit initial proposed
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regulations to the Independent Regulatory Review Commission
under section 5 of the Regulatory Review Act.
(c) Dissemination.--Within 180 days of the effective date of
this subsection, the schedule of offenses in subsection (a)
shall be provided in writing to each applicant for a license,
certificate, registration or permit issued by a licensing board
or licensing commission as part of the application and shall be
made part of the best practices guide under section 3116
(relating to best practices guide). The following shall apply:
(1) Within 180 days of the effective date of this
subsection, the schedule shall be published on the publicly
accessible Internet website of the Department of State.
(2) The schedule of criminal convictions shall be
published in both English and Spanish.
(3) Notice that the list of criminal offenses will
change based upon new enactments by the General Assembly
shall be provided on the publicly accessible Internet website
of the Department of State in writing as part of the
application and in the best practices guide.
(d) Application.--The schedule shall be used by the
licensing boards and licensing commissions when:
(1) preparing preliminary determinations under section
3116;
(2) determining which criminal convictions may result in
discipline of a licensee; and
(3) determining whether a criminal conviction may result
in refusing to issue a license, certificate, registration or
permit under section 3113 (relating to supple mentary
provisions regarding CONSID ERATION OF criminal convictions).
§ 3118. Report to General Assembly.
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(a) Report required.--Within two years after the effective
date of this section and every four years thereafter, the
Secretary of the Commonwealth shall issue a written report
regarding the implementation and effectiveness of the following:
(i) Section 3112 (relating to restricted licenses
for barbers and cosmetologists).
(ii) Section 3112.1 (relating to restricted licenses
for other occupations).
(iii) Section 3113 (relating to supp lementary
provisions regarding CONSIDERATI ON OF criminal
convictions).
(iv) Section 3114 (relating to juvenile
adjudications).
(v) Section 3115 (relating to p reliminary
determinations by licensing boards and licensing
commissions).
(vi) Section 3116 (relating to best practices
guide).
(vii) Section 3117 (relating to list of criminal
offenses).
(b) Submittal of report.--The report under subsection (a)
shall be submitted to the following:
(1) The President pro tempore of the Senate.
(2) The chairperson and minority chairperson of the
Consumer Protection and Professional Licensure Committee of
the Senate.
(3) The chairperson and minority chairperson of the
Judiciary Committee of the Senate.
(4) The Speaker of the House of Representatives.
(5) The chairperson and minority chairperson of the
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Judiciary Committee of the House of Representatives.
(6) The chairperson and minority chairperson of the
Professional Licensure Committee of the House of
Representatives.
(c) Contents of report.--The report under subsection (a)
shall include the following:
(1) T he number of applications for a license,
certificate, registration or permit that each licensing board
and licensing commission receives each year.
(2) The number of applicants with criminal convictions
that submit applications to the State Board of Barber
Examiners and the State Board of Cosmetology, including the
following:
(i) The number of applicants that are issued a
restricted license under section 3112.
(ii) T he number of applicants that are denied a
restricted license under section 3112 and the reasons for
the denials.
(iii) The number of restricted license holders that
are issued a license to practice under the act of June
19, 1931 (P.L.589, No.202), referred to as the Barbers'
License Law, or the act of May 3, 1933 (P.L.242, No.86),
referred to as the Cosmetology Law, following the
restricted license term.
(iv) The number of restricted licenses that are
revoked during the restricted license term under section
3112(d) and the reasons for the revocations.
(3) The number of applicants that are denied licenses,
certificates, registrations and permits each year by the
licensing boards and licensing commissions as a result of
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criminal convictions.
(4) Whether to amend any provision of this chapter.
(d) Public record.--The report under subsection (a) shall be
a public record under the Right-to-Know Law.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 63
Pa.C.S. Ch. 31.
(2) The act of July 2, 1993 (P.L.345, No.48), is
repealed.
Section 4. The addition of 63 Pa.C.S. Ch. 31 is a
continuation of the act of July 2, 1993 (P.L.345, No.48). The
following apply:
(1) Except as otherwise provided in 63 Pa.C.S. Ch. 31,
all activities initiated under the act of July 2, 1993
(P.L.345, No.48), shall continue and remain in full force and
effect and may be completed under 63 Pa.C.S. Ch. 31. Orders,
regulations, rules and decisions which were made under the
act of July 2, 1993 (P.L.345, No.48), and which are in effect
on the effective date of section 3 of this act shall remain
in full force and effect until revoked, vacated or modified
under 63 Pa.C.S. Ch. 31. Contracts, obligations and
collective bargaining agreements entered into under the act
of July 2, 1993 (P.L.345, No.48), are not affected nor
impaired by the repeal of the act of July 2, 1993 (P.L.345,
No.48).
(2) Except as set forth in paragraph (3), any difference
in language between 63 Pa.C.S. Ch. 31 and the act of July 2,
1993 (P.L.345, No.48), is intended only to conform to the
style of the Pennsylvania Consolidated Statutes and is not
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intended to change or affect the legislative intent, judicial
construction or administration and implementation of the act
of July 2, 1993 (P.L.345, No.48).
(3) Paragraph (2) does not apply to the addition of the
following provisions:
(i) The definition of "criminal conviction" in 63
Pa.C.S. § 3102.
(ii) 63 Pa.C.S. § 3112.
(iii) 63 Pa.C.S. § 3112.1.
(iv) 63 Pa.C.S. § 3113.
(v) 63 Pa.C.S. § 3114.
(vi) 63 Pa.C.S. § 3115.
(vii) 63 Pa.C.S. § 3116.
(viii) 63 Pa.C.S. § 3117.
(ix) 63 Pa.C.S. § 3118.
Section 5. The addition of 63 Pa.C.S. §§ 3112, 3112.1, 3113,
3114, 3115, 3116, 3117 and 3118 shall apply to official acts and
matters, including disciplinary matters, related to the issuance
of licenses, certificates, registrations or permits by licensing
boards or licensing commissions beginning on or after 180 days
after the effective date of this section.
Section 6. This act shall take effect as follows:
(1) The addition of 63 Pa.C.S. §§ 3112, 3112.1, 3113,
3114 and 3115 shall take effect in 180 days.
(2) The remainder of this act shall take effect
immediately.
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