PRINTER'S NO. 2090
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1273
Session of
2018
INTRODUCED BY GREENLEAF, REGAN, RESCHENTHALER, HUGHES AND
SCHWANK, OCTOBER 9, 2018
REFERRED TO JUDICIARY, OCTOBER 9, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for use of records by
licensing agencies; and making repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9124(b) and (c) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 9124. Use of records by licensing agencies.
* * *
(b) Prohibited use of information.--The following
information shall not be used in consideration of an application
for a license, certificate, registration or permit:
(1) Records of arrest if there is no conviction of a
crime based on the arrest.
(2) Convictions which have been annulled or expunged or
made subject to an order of limited access.
(3) Convictions of a summary offense.
(4) Convictions for which the individual has received a
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pardon from the Governor.
(5) Convictions which do not relate to the applicant's
suitability for the license, certificate, registration or
permit.
(c) State action authorized.--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:
(1) Where the applicant has been convicted of a felony
which relates to the trade, occupation or profession for
which the license, certificate, registration or permit is
sought.
(2) Where the applicant has been convicted of a
misdemeanor which relates to the trade, occupation or
profession for which the license, certificate, registration
or permit is sought.
* * *
Section 2. The amendment of 18 Pa.C.S. § 9124(b) and (c)
shall apply to an individual whose license, certificate,
registration or permit was suspended or revoked on or after the
effective date of this act.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraph (2) are necessary to effectuate the amendment of 18
Pa.C.S. § 9124(b) and (c).
(2) The following acts and parts of acts are repealed
insofar as they are inconsistent with this act:
(i) Section 3(c) of the act of May 1, 1933 (P.L.216,
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No.76), known as The Dental Law.
(ii) Section 6(c) of the act of May 22, 1951
(P.L.317, No.69), known as The Professional Nursing Law.
(iii) Section 5 of the act of March 2, 1956 (1955
P.L.1211, No.376), known as the Practical Nurse Law.
(iv) Section 3(a)(6) of the act of September 27,
1961 (P.L.1700, No.699), known as the Pharmacy Act.
(v) Section 6(a)(5) of the act of March 23, 1972
(P.L.136, No.52), known as the Professional Psychologists
Practice Act.
(vi) Section 9(b)(4) of the act of December 27, 1974
(P.L.995, No.326), known as the Veterinary Medicine
Practice Act.
(vii) Section 6 of the act of October 10, 1975
(P.L.383, No.110), known as the Physical Therapy Practice
Act.
(viii) Section 6 of the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical
Practice Act.
(ix) Section 4(d) of the act of June 6, 1980
(P.L.197, No.57), known as the Optometric Practice and
Licensure Act.
(x) Section 22(b) of the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of
1985.
(xi) Section 501(a)(7) of the act of December 16,
1986 (P.L.1646, No.188), known as the Chiropractic
Practice Act.
(xii) Section 7(a), (b), (d), (e) and (f) of the act
of July 9, 1987 (P.L.220, No.39), known as the Social
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Workers, Marriage and Family Therapists and Professional
Counselors Act.
(xiii) Section 502(c)(1) of the act of October 9,
2008 (P.L.1363, No.100), known as the Crane Operator
Licensure Act.
(xiv) Section 5(a)(6) of the act of October 9, 2008
(P.L.1438, No.118), known as the Massage Therapy Law.
(xv) All other acts or parts of acts insofar as they
are inconsistent with this act.
Section 4. This act shall take effect in 60 days.
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