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05/22/2019 02:49 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=29050
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: April 1, 2019 10:15 AM
From: Representative William C. Kortz, II
To: All House members
Subject: Permitting Licensed Professionals To Receive Advice From Licensing Boards
 
Often times, when a professional licensed in Pennsylvania has a question on whether a certain action is permitted by the licensing board, the licensee will ask the licensing board for advice prior to acting. The licensing boards cannot provide guidance because they lack the statutory authority to do so. They can and do, however, issue fines when the act is in violation of the law.

This scenario is reality in today’s Pennsylvania since the licensing boards are not allowed to give advice to Licensees when requested. This working in the dark, so to speak, has resulted in licensees paying fines and attorney fees for an act that would not have been committed, IF they could have been informed that it would be a violation. Some of these fines have been upwards of $30,000 or more.

My common sense proposal will allow the boards to answer the inquiries through the form of an advisory opinion. A licensee will no longer be forced to guess at whether an act is permitted and will allow the board to provide the guidance a licensee needs when completing his due diligence. I hope that you will join me in co-sponsoring this long overdue legislation. Each of the over one million licensed professionals in our state deserve this and will appreciate your consideration.

Please consider joining me in co-sponsoring this important legislation.