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Pennsylvania House of Representatives
12/12/2024 07:46 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20250&chamber=H&cosponId=43849
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House of Representatives
Session of 2025 - 2026 Regular Session

MEMORANDUM

Posted: December 5, 2024 09:00 AM
From: Representative Keith J. Greiner
To: All House members
Subject: Advisory Opinions from Licensing Boards – Former HB 1364
 
In the near future, I intend to reintroduce legislation to permit licensed professionals to receive guidance from licensing boards and commissions under the Department of State concerning the meaning or interpretation of an act or regulation.
 
Currently, Title 63 outlines the powers and duties of licensing boards and commissions within the Bureau of Professional and Occupational Affairs, however it does not contain specific language giving the boards and commissions authority to provide advisory opinions to licensees.  Often when a licensed professional has a question on whether a certain action or service is permitted by their respective licensing board, the licensee will ask the licensing board for advice prior to acting. Unfortunately, the boards and commissions state they do not have the ability to provide licensees with this information.
 
My proposal will allow the boards to answer inquiries in the form of an advisory opinion, which would be legally nonbinding.  Many violations could be avoided because licenses would have the means to determine if an action is in fact permissible.  In prior sessions, this legislation had the support of many stakeholder groups representing licensed professionals such as the PA Institute of Certified Public Accountants, the PA Medical Society, the PA Cemetery, Cremation and Funeral Association, the PA Academy of Family Physicians, the PA Speech-Language-Hearing Association, the PA Chiropractic Association, and the PA Dental Association.
 
This legislation passed the House unanimously in the 2021-2022 legislative session and was the subject of a public hearing by the House Professional Licensure Committee last session where the issue garnered bipartisan support.
 
Please consider joining me in co-sponsoring this important legislation to provide much-needed transparency to our constituents.