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06/14/2021 12:25 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=33646
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: December 18, 2020 02:27 PM
From: Representative Keith J. Greiner
To: All House members
Subject: Advisory Opinions from Licensing Boards
 
In the near future, I intend to introduce legislation to permit licensed professionals to receive advice from licensing boards concerning the meaning or interpretation of an act or regulation pertaining to the licensee.
 
Currently, Title 63 outlines the powers and duties of licensing boards and commissions within the Bureau of Professional and Occupational Affairs, however it does not contain specific language giving the boards and commissions authority to provide advisory opinions to licensees.  Often times when a licensed professional has a question on whether a certain action is permitted by their respective licensing board, the licensee will ask the licensing board for advice prior to acting. Under current law, the boards and commissions cannot provide this guidance.
 
This has been particularly burdensome for licensees during the COVID-19 pandemic when they attempt to inquire with their respective licensing boards about waived or suspended regulations or guidance issued by the boards and they are told they cannot be provided advice.  
 
This proposal will allow the boards to answer inquiries through the form of an advisory opinion, which would be legally nonbinding.  Many violations could be avoided because licensees would have the means to determine if an action is in fact permissible.  Last session, this legislation had the support of many stakeholder groups representing licensed professionals such as the PA Institute of Certified Public Accountants, the PA Medical Society, the PA Cemetery, Cremation and Funeral Association and the  PA Academy of Family Physicians.
 
Please consider joining me in co-sponsoring this important legislation.
 



Introduced as HB325