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A07033
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 AND CIRESI,
JUNE 8, 2020
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 8, 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).
(c) Use of criminal history record information.--Criminal
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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