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A00870
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1172
Session of
2019
INTRODUCED BY HICKERNELL, READSHAW, CAUSER, SCHLEGEL CULVER,
SCHLOSSBERG, McNEILL, RAVENSTAHL, PICKETT, BARRAR, ROTHMAN,
MILLARD, KEEFER, B. MILLER, DeLUCA, MENTZER, MIHALEK AND
MARSHALL, APRIL 10, 2019
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 10, 2019
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 licensure by endorsement.
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 6.1. Licensure by endorsement.
(a) General rule.-- A Notwithstanding any existing provisions
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related to licensure by endorsement or licensure by reciprocity
in any applicable licensing statute, a licensing board or
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, 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 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 commission, including having completed continuing
education or having experience in the professional 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 would have
constituted constitutes grounds for refusal, suspension or
revocation of a license, registration, certificate or permit
to practice that profession or occupation in this
Commonwealth at the time the act was committed. unless the
licensing board or commission determines, in its discretion,
that the act should not be an impediment to the granting of a
license, registration, certificate or permit to practice in
this Commonwealth.
(4) Is in good standing and has not been disciplined by
the jurisdiction that issued the license, registration,
certificate or permit . unless the licensing board or
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commission determines, in its discretion, that the discipline
should not be an impediment to the granting of a license,
registration, certificate or permit to practice in this
Commonwealth .
(5) Pays any fees established by the licensing board or
commission by regulation.
(b) Provisional endorsement license.--A licensing board or
commission may issue a provisional license, registration,
certificate 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 board. The holder of a provisional endorsement license
issued under this subsection may practice until any of the
following occurs:
(1) A license, registration, certificate or permit is
granted or denied by the licensing board or commission under
this section.
(2) The expiration of the provisional endorsement
license as established by the board 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
licensure by endorsement or licensure by reciprocity applicable
to licensing boards and commissions through their respective
enabling statutes.
Section 2. Final regulations shall be promulgated by each
licensing board and commission within 18 months of the effective
date of this act.
Section 3. This act shall take effect in 60 days.
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