Regular Session 2019-2020 House Bill 2584 P.N. 4374

PRIOR PRINTER'S NO. 3899

PRINTER'S NO. 4374

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2584

Session of

2020

INTRODUCED BY TOPPER, BERNSTINE, BURGOS, DeLUCA, DUNBAR, HILL-

EVANS, KORTZ, MILLARD, MOUL, POLINCHOCK, WHEELAND, CIRESI,

THOMAS, GROVE AND FRANKEL, JUNE 8, 2020

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 15, 2020

AN ACT

Amending the act of December 20, 1985 (P.L.457, No.112),

entitled "An act relating to the right to practice medicine

and surgery and the right to practice medically related acts;

reestablishing the State Board of Medical Education and

Licensure as the State Board of Medicine and providing for

its composition, powers and duties; providing for the

issuance of licenses and certificates and the suspension and

revocation of licenses and certificates; provided penalties;

and making repeals," further providing for license without

restriction.

AMENDING THE ACT OF OCTOBER 26, 2016 (P.L.891, NO.112), ENTITLED

"AN ACT AUTHORIZING THE COMMONWEALTH OF PENNSYLVANIA TO JOIN

THE INTERSTATE MEDICAL LICENSURE COMPACT; PROVIDING FOR THE

FORM OF THE COMPACT; AND IMPOSING ADDITIONAL POWERS AND

DUTIES ON THE GOVERNOR, THE SECRETARY OF THE COMMONWEALTH AND

THE INTERSTATE MEDICAL LICENSURE COMPACT," PROVIDING FOR

CRIMINAL BACKGROUND CHECKS FOR EXPEDITED LICENSURE

APPLICANTS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 29 of the act of December 20, 1985

(P.L.457, No.112), known as the Medical Practice Act of 1985, is

amended by adding a subsection to read:

Section 29. License without restriction.

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(e) National criminal history record check.--

(1) An applicant for an initial license to practice

medicine and surgery without restriction in this Commonwealth

shall request and submit to the board the results of a

national criminal history record check. The purpose of the

national criminal history record check shall be to assist the

board in obtaining information that may relate to the

applicant's fitness for licensure.

(2) An applicant for an initial license to practice

medicine and surgery shall submit to fingerprinting by the

Pennsylvania State Police or an authorized agent of the

Pennsylvania State Police. The Pennsylvania State Police or

an authorized agent shall submit the fingerprints to the

Federal Bureau of Investigation for the purposes of obtaining

records of criminal arrests and convictions.

(3) An applicant requesting that the Commonwealth act as

the State of Principal License in accordance with the act of

October 26, 2016 (P.L.891, No.112), known as the Interstate

Medical Licensure Compact Act, shall submit to fingerprinting

by the Pennsylvania State Police or an authorized agent of

the Pennsylvania State Police. The Pennsylvania State Police

or an authorized agent shall submit the fingerprints to the

Federal Bureau of Investigation for the purposes of obtaining

records of criminal arrests and convictions to verify

eligibility under the Interstate Medical Licensure Compact

Act. This paragraph shall not be construed to permit records

obtained by the national criminal history record check to be

submitted to the Interstate Medical Licensure Compact.

(4) In addition to the application fee, the applicant

shall be responsible for any fees required by the

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Pennsylvania State Police or an authorized agent for the

costs of the fingerprinting and the costs of conducting a

complete criminal history record check. The applicant shall

authorize the release of all records obtained by the criminal

history record check to the board.

(5) A criminal record check submitted in support of an

application for licensure must have been requested by the

applicant no earlier than 12 months immediately prior to the

board's receipt of the applicant's application for licensure.

(6) Information obtained from the criminal history

record check:

(i) Is confidential.

(ii) May not be redisseminated.

(iii) May be used only for the licensing purpose

authorized by this act.

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

SECTION 1. THE ACT OF OCTOBER 26, 2016 (P.L.891, NO.112),

KNOWN AS THE INTERSTATE MEDICAL LICENSURE COMPACT ACT, IS

AMENDED BY ADDING A SECTION TO READ:

SECTION 2.1. CRIMINAL BACKGROUND CHECKS FOR EXPEDITED LICENSURE

APPLICANTS.

(A) SUBMISSION.--FOR THE PURPOSE OF ADMINISTERING THE

CRIMINAL HISTORY BACKGROUND CHECK REQUIRED UNDER ARTICLE V OF

SECTION 2 OF THE COMPACT, THE MEMBER BOARD OF THIS STATE SHALL

REQUIRE AN APPLICANT FOR AN EXPEDITED LICENSE UNDER THE COMPACT

TO SUBMIT TO A CRIMINAL HISTORY BACKGROUND CHECK CONDUCTED BY

THE PENNSYLVANIA STATE POLICE. THE APPLICANT SHALL SUBMIT

FINGERPRINTS AND OTHER IDENTIFYING INFORMATION TO THE

PENNSYLVANIA STATE POLICE. THE MEMBER BOARD OF THIS STATE SHALL

NOT CONSIDER AN APPLICANT FOR AN EXPEDITED LICENSE WHO REFUSES

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TO COMPLY WITH THIS SUBSECTION.

(B) DUTIES OF PENNSYLVANIA STATE POLICE.--IN ORDER TO ASSIST

THE MEMBER BOARD OF THIS STATE IN REVIEWING THE CRIMINAL HISTORY

BACKGROUND OF AN APPLICANT FOR AN EXPEDITED LICENSE, THE

PENNSYLVANIA STATE POLICE OR ITS DESIGNEE SHALL DO THE

FOLLOWING:

(1) PROVIDE THE MEMBER BOARD WITH A REPORT OF THE

APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION AS DEFINED IN

18 PA.C.S. § 9102 (RELATING TO DEFINITIONS) OR A STATEMENT

THAT THE PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY

CONTAINS NO INFORMATION RELATING TO THE APPLICANT. THE

CRIMINAL HISTORY RECORD INFORMATION UNDER THIS PARAGRAPH

SHALL BE LIMITED TO ONLY THE INFORMATION AUTHORIZED TO BE

DISSEMINATED UNDER 18 PA.C.S. § 9121(B)(2) (RELATING TO

GENERAL REGULATIONS).

(2) SUBMIT THE APPLICANT'S FINGERPRINTS TO THE FEDERAL

BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY

RECORDS CHECK.

(3) PROVIDE THE MEMBER BOARD WITH THE NATIONAL CRIMINAL

HISTORY RECORD INFORMATION OF THE APPLICANT. THE INFORMATION

PROVIDED UNDER THIS PARAGRAPH SHALL NOT BE LIMITED TO ONLY

THE INFORMATION AUTHORIZED TO BE DISSEMINATED UNDER 18

PA.C.S. § 9121(B)(2).

HISTORY RECORD INFORMATION OBTAINED BY THE MEMBER BOARD OF THIS

STATE UNDER THIS SECTION SHALL BE INTERPRETED AND USED ONLY TO

DETERMINE AN APPLICANT'S ELIGIBILITY FOR AN EXPEDITED LICENSE.

SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

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