Regular Session 2017-2018 House Bill 2585 P.N. 3973

PRINTER'S NO. 3973

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2585

Session of

2018

INTRODUCED BY COX, CHARLTON, DAVIS, J. HARRIS, KEEFER, KIM,

J. McNEILL, NEILSON, RABB, SAYLOR, SCHLOSSBERG, WARD AND

WHEATLEY, SEPTEMBER 11, 2018

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,

SEPTEMBER 11, 2018

AN ACT

Amending Title 63 (Professions and Occupations (State Licensed))

of the Pennsylvania Consolidated Statutes, providing for

licensing for individuals with a criminal conviction and for

occupational licensing for low-income individuals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 63 of the Pennsylvania Consolidated

Statutes is amended by adding parts to read:

PART I

PRELIMINARY PROVISIONS

(Reserved)

PART II

LICENSING

Chapter.

31. Licensing for Individuals with a Criminal Conviction

33. Occupational Licensing for Low-Income Individuals

CHAPTER 31

LICENSING FOR INDIVIDUALS WITH A CRIMINAL CONVICTION

Sec.

3101. Scope of chapter.

3102. Definitions.

3103. Fundamental right.

3104. Petition.

3105. Disqualifications.

3106. Issuance of determination.

3107. Adverse determination.

3108. Individual certification.

3109. Rescind determination.

3110. Prohibition.

3111. Specialty occupational license for medical reimbursement.

3112. Fee.

3113. Report.

§ 3101. Scope of chapter.

This chapter relates to individuals with a criminal

conviction obtaining a professional or occupational license.

§ 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:

"Certification." Nontransferable certification provided by a

licensing or certifying body to an applicant who is not

disqualified under section 3105 (relating to disqualifications).

"Lawful occupation." A course of conduct, pursuit or

profession that includes the sale of goods or services that are

not themselves illegal to sell regardless of whether the

individual selling the goods or services is subject to an

occupational regulation.

"Licensing or certifying body." The issuing body to whom an

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individual has applied for a license or certification to conduct

or perform a lawful occupation or profession for which the

license or certification is required in this Commonwealth.

"Occupational license." A nontransferable license issued by

a licensing or certifying body authorizing an individual who is

not disqualified under section 3105 to undertake a lawful

occupation for compensation.

" Specialty occupational license for medical reimbursement."

A nontransferable license issued by a licensing or certifying

body authorizing an individual who is not disqualified under

section 3105 to qualify for payment or reimbursement from an

agency operating in this Commonwealth for the nonexclusive

provision of medical services.

§ 3103. Fundamental right.

The right of an individual to pursue a lawful occupation is a

fundamental right, which shall include the following:

(1) The right of an individual with a criminal record to

petition the State to obtain a certification, occupational

license or specialty occupational license for medical

reimbursement.

(2) The right against the Commonwealth using an

individual's criminal record as an automatic bar to obtaining

State license or certification.

§ 3104. Petition.

(a) General rule.--An individual with a criminal record may

petition a licensing or certifying body at any time, including

prior to obtaining required education or training, for a

determination of whether the individual's criminal record will

disqualify the individual from obtaining State recognition.

(b) Required information.--The individual shall include in

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the petition under subsection (a) the individual's criminal

record. The individual may include additional information about

the individual's current circumstances, including the amount of

time since the offense, evidence of rehabilitation, testimonials

and employment aspirations.

(1) Notwithstanding any other statute or rule, the

licensing or certification body that received the

individual's petition under subsection (a) is authorized to

determine whether the individual's criminal record

disqualifies the individual from obtaining the requested

license or certification.

(2) The licensing or certifying body that received the

petition under paragraph (1) shall use the disqualifications

under section 3105 (relating to disqualifications) to

determine whether the individual is eligible for the license

or certification.

§ 3105. Disqualifications.

The licensing or certifying body shall approve an individual

unless the licensing or certifying body finds all of the

following:

(1) The individual's criminal record includes a

conviction for a felony or violent misdemeanor.

(2) The type of felony or violent misdemeanor for which

the individual was convicted is expressly codified as a

disqualifying offense in the relevant occupational license's

statute.

(3) The licensing or certifying body concludes the State

has an important interest in protecting public safety that is

superior to the individual's right. The licensing or

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certifying body may make this conclusion only if it

determines, by clear and convincing evidence at the time of

the petition, that:

(i) the specific offense for which the individual

was convicted is substantially related to the State's

interest;

(ii) the individual, based on the nature of the

specific offense for which the individual was convicted

and the individual's current circumstances, is more

likely to reoffend by virtue of having the license than

if the individual did not have the license; and

(iii) a subsequent offense will cause greater harm

than the reoffense would if the individual did not have

the license.

§ 3106. Issuance of determination.

The licensing or certifying body shall issue its

determination under this chapter within 90 days of receiving the

petition. The determination shall be in writing and include a

finding of facts and a conclusion of law.

§ 3107. Adverse determination.

(a) Remedy.--If the board determines the government's

interest is superior to the individual's right, the licensing or

certifying body may advise the individual of actions the

individual may take to remedy the disqualification.

(b) Revised petition.--The individual may submit a revised

petition reflecting the completion of the remedies under

subsection (a) at any time after 90 days following the licensing

or certifying body's judgment.

certifying body's adverse determination under section 3106

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(relating to issuance of determination) as provided by the

licensing or certifying body's rules and regulations regarding

appeals of determinations.

(d) Time limitation.--The individual may submit a new

petition to the licensing or certifying board at any time after

two years following a final judgment of the initial petition.

§ 3108. Individual certification.

(a) General rule.--An individual who has received

certification may use the term certified as a designated title.

(b) Noncertified.--An individual who did not receive

certification may also perform the lawful occupation for

compensation but may not use the title certified.

§ 3109. Rescind determination.

The licensing or certifying body may rescind a determination

at any time if the individual is convicted of an additional

offense that the licensing or certifying body determines meets

the elements under section 3105 (relating to disqualifications).

§ 3110. Prohibition.

In an occupation for which a license is required, it is

illegal for an individual who does not possess a valid

occupational license to perform the occupation for compensation.

§ 3111. Specialty occupational license for medical

reimbursement.

(a) Recognition of credential.--A private company may

recognize the specialty occupational license for medical

reimbursement.

(b) Provision of services.--Notwithstanding the specialty

occupational license for medical reimbursement, it shall be

legal for an individual who does not possess the license:

(1) but is regulated under a separate occupational

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regulation, to provide similar services as defined in that

statute for compensation and reimbursement; or

(2) to provide the identified medical services for

compensation but the nonlicensed individual shall not qualify

for payment or reimbursement from a government agency.

§ 3112. Fee.

The licensing or certifying body may charge a fee to recoup

costs, not to exceed $100 for each petition.

§ 3113. Report.

(a) General rule.--The Department of State shall compile an

annual report containing the following information:

(1) The number of applicants petitioning each licensing

or certifying body.

(2) The number of each body's approvals and denials.

(3) The type of offenses for which each body approved or

denied a petition.

(4) Other data the department determines is necessary.

(b) Required information.--Each licensing or certifying body

shall provide the information described under subsection (a) to

the Department of State at the department's request.

publish each report on the department's publicly accessible

Internet website.

CHAPTER 33

OCCUPATIONAL LICENSING FOR LOW-INCOME INDIVIDUALS

Sec.

3301. Definitions.

3302. Fee waived.

§ 3301. Definitions.

The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Licensing or certifying body." The issuing body to whom an

individual has applied for a license or certification to conduct

or perform a lawful occupation or profession for which the

license or certification is required in this Commonwealth.

"Occupational license." A nontransferable license issued by

a licensing or certifying body authorizing an individual who is

not disqualified under section 3105 (relating to

disqualifications) to undertake a lawful occupation for

compensation.

§ 3 302. Fee waived.

An individual who obtains an occupational license from a

licensing or certifying body shall not be required to pay the

associated fee if the individual's household income is less than

200% of the Federal poverty line, as defined under section

673(2) of Subtitle B of the Community Services Block Grant Act

(Public Law 97-35, 95 Stat. 511), as adjusted from time to time.

Section 2. This act shall take effect in 60 days.

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