Regular Session 2019-2020 House Bill 0194 P.N. 0166

PRINTER'S NO. 166

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

194

Session of

2019

INTRODUCED BY READSHAW, KORTZ, NEILSON, HILL-EVANS, KINSEY,

SCHLOSSBERG, D. MILLER, DEASY AND MARKOSEK, JANUARY 28, 2019

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,

JANUARY 28, 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 qualifications for licensure.

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 2.2. Qualifications for licensure.

(a) Convictions.--

(1) A licensing board or licensing commission may issue

a license to an applicant who has been convicted of a

felonious act prohibited under the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act, or convicted of a felony relating to

a controlled substance in a court of law of the United States

or any other state, territory or country if:

(i) at least five years have elapsed from the date

of conviction; or

(ii) the applicant satisfactorily demonstrates to

the licensing board or licensing commission that the

applicant has made significant progress in personal

rehabilitation since the conviction such that licensure

of the applicant should not be expected to create a

substantial risk of harm to the health and safety of any

other person or a substantial risk of further criminal

violations.

(2) A license issued under paragraph (1)(ii) shall be

probationary for a period of five years from the date of

conviction.

(b) Predetermination of eligibility.--

(1) Before applying for a license, a person may request

that a licensing board or licensing commission determine

whether the person is eligible for licensure under subsection

(a). The applicant must submit an application and fee as

required by the licensing board or licensing commission.

(2) The licensing board or licensing commission shall

set the period of time that the predetermination is valid,

based upon a reasonable length of time to complete the

education, training and application process necessary for the

20190HB0194PN0166 - 2 -

license, certificate, permit or registration.

(3) If a licensing board or licensing commission

determines that a person does not qualify for licensure under

subsection (a) within 30 days of the determination, the

person may petition the licensing board or licensing

commission to review the application for predetermination.

(4) If a person applies for a license after receiving a

predetermination of eligibility for licensure, the licensing

board or licensing commission may conduct a supplemental

determination of eligibility covering only the period after

the date the person requested the predetermination under this

subsection.

Occupational Affairs and each licensing board and licensing

commission may promulgate such rules and regulations as are

necessary to administer this section.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Convicted." Includes a judgment, an admission of guilt or a

plea of nolo contendere.

"License." Includes a license, certificate, permit or

registration.

Section 2. Repeals are as follows:

(1) The following acts and parts of acts are repealed

insofar as they are inconsistent with the addition of section

2.2 of the act:

(i) Section 4.1(b)(3) of the act of May 1, 1933

(P.L.216, No.76), known as The Dental Law.

(ii) Section 6(c) of the act of May 22, 1951

20190HB0194PN0166 - 3 -

(P.L.317, No.69), known as The Professional Nursing Law.

(iii) Section 3(a)(6) of the act of September 27,

1961 (P.L.1700, No.699), known as the Pharmacy Act.

(iv) Section 6(a)(5) of the act of March 23, 1972

(P.L.136, No.52), known as the Professional Psychologists

Practice Act.

(v) Section 9(b)(4) of the act of December 27, 1974

(P.L.995, No.326), known as the Veterinary Medicine

Practice Act.

(vi) Section 6(a) of the act of October 10, 1975

(P.L.383, No.110), known as the Physical Therapy Practice

Act.

(vii) Section 6(c) of the act of October 5, 1978

(P.L.1109, No.261), known as the Osteopathic Medical

Practice Act.

(viii) Section 4(d) of the act of June 6, 1980

(P.L.197, No.57), known as the Optometric Practice and

Licensure Act.

(ix) Sections 13.5(a)(8) and 22(b)(1) of the act of

December 20, 1985 (P.L.457, No.112), known as the Medical

Practice Act of 1985.

(x) Section 501(a)(7) of the act of December 16,

1986 (P.L.1646, No.188), known as the Chiropractic

Practice Act.

(xi) Section 7(a)(5), (d)(6), (e)(6), (f)(6) and (g)

(5) of the act of July 9, 1987 (P.L.220, No.39), known as

the Social Workers, Marriage and Family Therapists and

Professional Counselors Act.

(xii) Section 502(c) of the act of October 9, 2008

(P.L.1363, No.100), known as the Crane Operator Licensure

20190HB0194PN0166 - 4 -

Act.

(2) All other acts and parts of acts are repealed

insofar as they are inconsistent with this act.

Section 3. This act shall take effect in 60 days.

20190HB0194PN0166 - 5 -