Amendment vs bill House Amendment A04177 vs Printer's No. 3057

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PRIOR PRINTER'S NOS.
H1477B1860A04177 SFR:JSL 12/05/19 #90 A04177 AMENDMENTS TO HOUSE BILL NO.
1860, 3005 PRINTER'S NO.
1477 Sponsor:
3057 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
REPRESENTATIVE KAUFFMAN Printer's No.
1477 2019 INTRODUCED BY DELOZIER, HARRIS, BOBACK, BOYLE, BULLOCK, BURGOS, FITZGERALD, FRANKEL, FREEMAN, GOODMAN, HANBIDGE, HELM, HILL- EVANS, KEEFER, KENYATTA, KINSEY, KOSIEROWSKI, MADDEN, McCLINTON, MULLINS, NEILSON, SANCHEZ, SCHLOSSBERG, SCHWEYER, SHUSTERMAN, WEBSTER, ZABEL, JONES, GAINEY, MARKOSEK, ECKER AND ROAE, MAY 22, 2019 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 17, 2019 AN ACT Amending Titles 18 (Crimes and Offenses) and 63 (Professions and Occupations (State Licensed)) of the Pennsylvania Consolidated Statutes, in criminal history record licensing agencies;
1860 Amend Bill, page 1, lines 1 through 4, by striking out all of said lines and inserting Amending Titles 18 (Crimes and Offenses) and 63 (Professions and Occupations (State Licensed)) of the Pennsylvania Consolidated Statutes, in criminal history record information, further providing for use of records by licensing agencies;
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Amend Bill, page 1, lines 7 through 17;
Section 1.
pages 2 through 4, lines 1 through 30;
Section 9124(a) and (b)(2) of Title 18 of the <-- Pennsylvania Consolidated Statutes are amended and the section is amended by adding a subsection to read:
page 5, lines 1 through 17;
SECTION 1.
by striking out all of said lines on said pages and inserting Section 1.
SECTION 9124(A), (B)(2) AND (C) INTRODUCTORY <-- PARAGRAPH OF TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
Section 9124(a) and (b)(2) of Title 18 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding a subsection to read:
§ 3113 (relating to supplementary <-- provisions regarding CONSIDERATION OF criminal convictions).
§ 3113 (relating to supplementary 2019/90SFR/HB1477A04177 - 1 - provisions regarding criminal convictions).
<-- (4) 63 Pa.C.S.
(4) 63 Pa.C.S.
(b) Prohibited use of information.--The following information shall not be used in consideration of an application 20190HB1477PN3057 - 2 - for a license, certificate, registration or permit:
(b) Prohibited use of information.--The following information shall not be used in consideration of an application for a license, certificate, registration or permit:
* * * (C) STATE ACTION AUTHORIZED.--[BOARDS,] EXCEPT AS PROVIDED <-- IN 63 PA.C.S.
§ 3113 (RELATING TO CONSIDERATION OF CRIMINAL CONVICTIONS), 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:
20190HB1477PN3057 - 3 - 3105.
3105.
<-- CONSIDERATION OF CRIMINAL CONVICTIONS.
3114.
<-- 3114.
This chapter relates to the powers and duties of the General Counsel, the Bureau of Professional and Occupational Affairs and licensing boards and licensing commissions.
2019/90SFR/HB1477A04177 - 2 - This chapter relates to the powers and duties of the General Counsel, the Bureau of Professional and Occupational Affairs and licensing boards and licensing commissions.
"Criminal conviction." Includes a finding of guilty, a plea of guilty or a plea of nolo contendere with respect to a 20190HB1477PN3057 - 4 - criminal offense of this Commonwealth, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of the criminal offense or an equivalent crime in another jurisdiction.
"Criminal conviction." Includes a finding of guilty, a plea of guilty or a plea of nolo contendere with respect to a criminal offense of this Commonwealth, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of the criminal offense or an equivalent crime in another jurisdiction.
20190HB1477PN3057 - 5 - "Licensing commission." A departmental or administrative commission under the bureau.
"Licensing commission." A departmental or administrative commission under the bureau.
The General Counsel or a designee of the General Counsel shall have the power and duty to issue subpoenas upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before a licensing board or licensing commission for the purpose of investigating alleged violations of the disciplinary provisions administered by a licensing board or licensing commission.
The General Counsel or a designee of the General Counsel shall have the power and duty to issue subpoenas upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before a licensing board or 2019/90SFR/HB1477A04177 - 3 - licensing commission for the purpose of investigating alleged violations of the disciplinary provisions administered by a licensing board or licensing commission.
(a) Duty.--A licensee, as a condition of licensure, 20190HB1477PN3057 - 6 - certification, registration or holding a permit, shall provide written notice of the following to the appropriate licensing board or licensing commission within 30 days:
(a) Duty.--A licensee, as a condition of licensure, certification, registration or holding a permit, shall provide written notice of the following to the appropriate licensing board or licensing commission within 30 days:
(b) Regulations.--The commissioner, after consultation with the licensing boards and commissions, shall have the power to promulgate regulations specifying the procedural rules to be followed by hearing examiners in the conduct of hearings in disciplinary matters before a licensing board or licensing 20190HB1477PN3057 - 7 - commission.
(b) Regulations.--The commissioner, after consultation with the licensing boards and commissions, shall have the power to promulgate regulations specifying the procedural rules to be followed by hearing examiners in the conduct of hearings in disciplinary matters before a licensing board or licensing 2019/90SFR/HB1477A04177 - 4 - commission.
(a) Temporary suspension.--A licensing board or licensing 20190HB1477PN3057 - 8 - commission may temporarily suspend a license, certificate, registration or permit under circumstances as determined by the licensing board or licensing commission to be an immediate and clear danger to public health and safety.
(a) Temporary suspension.--A licensing board or licensing commission may temporarily suspend a license, certificate, registration or permit under circumstances as determined by the licensing board or licensing commission to be an immediate and clear danger to public health and safety.
(1) The licensee whose license, certificate, registration or permit has been temporarily suspended may:
2019/90SFR/HB1477A04177 - 5 - (1) The licensee whose license, certificate, registration or permit has been temporarily suspended may:
20190HB1477PN3057 - 9 - (2) If it is determined that there is not a prima facie case, the suspended license, certificate, registration or permit shall be immediately restored.
(2) If it is determined that there is not a prima facie case, the suspended license, certificate, registration or permit shall be immediately restored.
(a) Authorization.-- (1) The commissioner, after consultation with the licensing boards and licensing commissions, shall have the power to adopt a schedule of civil penalties for operating without a current, registered, unsuspended and unrevoked license, registration, certificate or permit and for violating a provision of the licensing board's or licensing commission's respective acts or regulations relating to the 20190HB1477PN3057 - 10 - conduct or operation of a business or facility licensed by the licensing boards and licensing commissions.
(a) Authorization.-- (1) The commissioner, after consultation with the licensing boards and licensing commissions, shall have the power to adopt a schedule of civil penalties for operating without a current, registered, unsuspended and unrevoked license, registration, certificate or permit and for violating a provision of the licensing board's or licensing commission's respective acts or regulations relating to the conduct or operation of a business or facility licensed by the licensing boards and licensing commissions.
(ii) The commission shall transmit notice of the adoption of the schedule of penalties, guidelines for the imposition of the schedule of penalties and procedures for appeal to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(ii) The commission shall transmit notice of the adoption of the schedule of penalties, guidelines for the imposition of the schedule of penalties and procedures for appeal to the Legislative Reference Bureau for 2019/90SFR/HB1477A04177 - 6 - publication in the Pennsylvania Bulletin.
(vi) If the appeal is initially to a hearing examiner, the relevant licensing board or licensing commission shall render a decision on any exceptions to the decision of the hearing examiner or on any applications for review in accordance with section 20190HB1477PN3057 - 11 - 3105(d).
(vi) If the appeal is initially to a hearing examiner, the relevant licensing board or licensing commission shall render a decision on any exceptions to the decision of the hearing examiner or on any applications for review in accordance with section 3105(d).
(v) The licensee, registrant, certificate holder or permit holder must not have had a disciplinary record 20190HB1477PN3057 - 12 - previously expunged by the commissioner.
(v) The licensee, registrant, certificate holder or permit holder must not have had a disciplinary record previously expunged by the commissioner.
(vi) Disciplinary records involving imposition of discipline for violations other than those identified in this paragraph shall not be eligible for expungement.
(vi) Disciplinary records involving imposition of discipline for violations other than those identified in 2019/90SFR/HB1477A04177 - 7 - this paragraph shall not be eligible for expungement.
This 20190HB1477PN3057 - 13 - penalty shall not, however, be levied against a person solely as a consequence of that person being a patient or client of the unlicensed individual.
This penalty shall not, however, be levied against a person solely as a consequence of that person being a patient or client of the unlicensed individual.
(c) Restrictions.-- (1) Decisions rendered by a licensing board or licensing commission on any exceptions to the decision of a hearing examiner or on an application for review in accordance with section 3105(d) to impose a civil penalty under this section shall require the same number of votes required for the 20190HB1477PN3057 - 14 - licensing board or licensing commission to impose a civil penalty under any other act.
2019/90SFR/HB1477A04177 - 8 - (c) Restrictions.-- (1) Decisions rendered by a licensing board or licensing commission on any exceptions to the decision of a hearing examiner or on an application for review in accordance with section 3105(d) to impose a civil penalty under this section shall require the same number of votes required for the licensing board or licensing commission to impose a civil penalty under any other act.
(1) The prothonotary shall enter and docket the copy of the final disposition without requiring payment of costs as a 20190HB1477PN3057 - 15 - condition precedent to the entry of the copy of the final disposition.
(1) The prothonotary shall enter and docket the copy of the final disposition without requiring payment of costs as a condition precedent to the entry of the copy of the final disposition.
(h) Exception to execution.--The lien shall have no effect upon any stock of goods, wares or merchandise regularly sold or leased in the ordinary course of business by the licensee against whom the lien has been entered, unless and until a writ of execution has been issued and a levy made upon the stock of goods, wares and merchandise.
2019/90SFR/HB1477A04177 - 9 - (h) Exception to execution.--The lien shall have no effect upon any stock of goods, wares or merchandise regularly sold or leased in the ordinary course of business by the licensee against whom the lien has been entered, unless and until a writ of execution has been issued and a levy made upon the stock of goods, wares and merchandise.
20190HB1477PN3057 - 16 - (k) 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:
(k) 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:
(2) No person who has investigated or has access to or custody of documents, materials or information that are confidential and privileged under this subsection shall be required to testify in a judicial or administrative proceeding unless directed to do so by a court of competent 20190HB1477PN3057 - 17 - jurisdiction without the written consent of the licensing board that regulates the profession involved.
(2) No person who has investigated or has access to or custody of documents, materials or information that are confidential and privileged under this subsection shall be required to testify in a judicial or administrative proceeding unless directed to do so by a court of competent jurisdiction without the written consent of the licensing board that regulates the profession involved.
(4) This section shall not apply to letters to a licensee or other documents that disclose the final outcome of an investigation or to final adjudication or orders issued by the licensure board.
2019/90SFR/HB1477A04177 - 10 - (4) This section shall not apply to letters to a licensee or other documents that disclose the final outcome of an investigation or to final adjudication or orders issued by the licensure board.
(3) Violations of this subsection shall subject the employee or agent to administrative discipline, including 20190HB1477PN3057 - 18 - discharge, suspension or other formal or appropriate disciplinary action.
(3) Violations of this subsection shall subject the employee or agent to administrative discipline, including discharge, suspension or other formal or appropriate disciplinary action.
(4) Percentage of disciplinary actions in relation to the total number of licensees.
2019/90SFR/HB1477A04177 - 11 - (4) Percentage of disciplinary actions in relation to the total number of licensees.
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20190HB1477PN3057 - 19 - (6) Average number of days to close a case.
(6) Average number of days to close a case.
(3) Has not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice that profession or occupation in this Commonwealth unless the licensing board or licensing commission determines, in its 20190HB1477PN3057 - 20 - discretion, that the act should not be an impediment to the granting of a license, certificate, registration or permit to practice in this Commonwealth.
(3) Has not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice that profession or occupation in this Commonwealth unless the licensing board or licensing commission determines, in its discretion, that the act should not be an impediment to the granting of a license, certificate, registration or permit to practice in this Commonwealth.
The holder of a provisional endorsement license issued under this subsection may practice until any of the following occurs:
The 2019/90SFR/HB1477A04177 - 12 - holder of a provisional endorsement license issued under this subsection may practice until any of the following occurs:
(c) Construction.--Nothing in this section is intended to supersede or replace existing statutory provisions relating to 20190HB1477PN3057 - 21 - licensure by endorsement or licensure by reciprocity applicable to licensing boards and licensing commissions through their respective enabling statutes.
(c) Construction.--Nothing in this section is intended to supersede or replace existing statutory provisions relating to licensure by endorsement or licensure by reciprocity applicable to licensing boards and licensing commissions through their respective enabling statutes.
(a) Supplementary provisions.--Notwithstanding any provision of law to the contrary, as an alternative to refusing to issue or renew, suspending, revoking or limiting a license as a result of a finding that an applicant for a barber's license OR A <-- COSMETOLOGY LICENSE lacks the fitness to engage in the practice of barbering under section 3(a) of the act of June 19, 1931 <-- (P.L.589, No.
(a) Supplementary provisions.--Notwithstanding any provision of law to the contrary, as an alternative to refusing to issue or renew, suspending, revoking or limiting a license as a result of a finding that an applicant for a barber's license lacks the fitness to engage in the practice of barbering under section 3(a) of the act of June 19, 1931 (P.L.589, No.
202), referred to as the Barbers' License Law, or that an applicant for a cosmetology license is not of good moral <-- character under section 4(a) of IN THE PRACTICE OF COSMETOLOGY <-- UNDER the act of May 3, 1933 (P.L.242, No.86), referred to as the Cosmetology Law, due to a criminal conviction, or is otherwise ineligible for a license as a barber or cosmetologist as a result of a criminal conviction, the State Board of Barber Examiners or the State Board of Cosmetology may issue a restricted license for a term not less than one year and not more than two years to an applicant for a license under the Barbers' License Law or the Cosmetology Law.
202), referred to as the Barbers' License Law, or that an applicant for a cosmetology license is not of good moral character under section 4(a) of the act of May 3, 1933 (P.L.242, No.86), referred to as the Cosmetology Law, due to a criminal conviction, or is otherwise ineligible for a license as a barber or cosmetologist as a result of a criminal conviction, the State Board of Barber Examiners or the State Board of Cosmetology may issue a restricted license for a term not less than one year and not more than two years to an applicant for a license under the Barbers' License Law or the Cosmetology Law.
20190HB1477PN3057 - 22 - (b) Demonstration of fitness.--Notwithstanding any other provision of law to the contrary and the individual's criminal convictions, an applicant for a restricted license may demonstrate fitness for issuance of a restricted license to practice barbering or cosmetology by introducing evidence of the following, as applicable:
(b) Demonstration of fitness.--Notwithstanding any other provision of law to the contrary and the individual's criminal convictions, an applicant for a restricted license may demonstrate fitness for issuance of a restricted license to practice barbering or cosmetology by introducing evidence of the following, as applicable:
(1) While incarcerated, the individual maintained a record of good behavior, including the successful completion of any required rehabilitative programming offered by a county correctional facility or the Department of Corrections.
(1) While incarcerated, the individual maintained a record of good behavior, including the successful completion of any required rehabilitative programming offered by a county correctional facility or the Department of 2019/90SFR/HB1477A04177 - 13 - Corrections.
20190HB1477PN3057 - 23 - (1) Limiting the scope or location of the restricted license holder's practice.
(1) Limiting the scope or location of the restricted license holder's practice.
(e) Compliance.--Within 30 days of the conclusion of the term of the restricted license, the supervising licensed manager-barber or a licensee designated in charge of the barber shop or a licensed cosmetology teacher or salon owner or 20190HB1477PN3057 - 24 - designated person in charge of the salon, as appropriate, shall provide written notice to the State Board of Barber Examiners or the State Board of Cosmetology, as to whether the restricted license holder complied with all conditions imposed under subsection (c).
(e) Compliance.--Within 30 days of the conclusion of the term of the restricted license, the supervising licensed manager-barber or a licensee designated in charge of the barber shop or a licensed cosmetology teacher or salon owner or designated person in charge of the salon, as appropriate, shall 2019/90SFR/HB1477A04177 - 14 - provide written notice to the State Board of Barber Examiners or the State Board of Cosmetology, as to whether the restricted license holder complied with all conditions imposed under subsection (c).
Section § 3112.1.
Section 3112.1.
<-- (a) Occupations other than barbering and cosmetology.-- Notwithstanding any provision of law to the contrary, if a county correctional facility or the Department of Corrections offers training in the occupation, other than barbering and cosmetology, which requires the issuance of a license, certificate, registration or permit by the bureau in order to engage in that occupation, the applicable licensing board or licensing commission may issue a restricted license to an applicant as specified in this section as an alternative to refusing to issue or renew, suspending, revoking or limiting a license as a result of a finding that the applicant for a license, certificate, registration or permit lacks the fitness to engage in the occupation due to a criminal conviction or is otherwise ineligible for licensure due to a criminal conviction.
(a) Occupations other than barbering and cosmetology.-- Notwithstanding any provision of law to the contrary, if a county correctional facility or the Department of Corrections offers training in the occupation, other than barbering and cosmetology, which requires the issuance of a license, certificate, registration or permit by the bureau in order to engage in that occupation, the applicable licensing board or licensing commission may issue a restricted license to an applicant as specified in this section as an alternative to refusing to issue or renew, suspending, revoking or limiting a license as a result of a finding that the applicant for a license, certificate, registration or permit lacks the fitness to engage in the occupation due to a criminal conviction or is otherwise ineligible for licensure due to a criminal conviction.
20190HB1477PN3057 - 25 - (1) The applicable licensing board or commission shall determine the period of time during which the applicant shall operate under a restricted license.
(1) The applicable licensing board or commission shall determine the period of time during which the applicant shall operate under a restricted license.
(2) If incarcerated by a county correctional facility or the Department of Corrections and enrolled in a program regarding the occupation for which a restricted license is sought, the applicant successfully completed the requisite education or training requirements of the program.
(2) If incarcerated by a county correctional facility or the Department of Corrections and enrolled in a program regarding the occupation for which a restricted license is 2019/90SFR/HB1477A04177 - 15 - sought, the applicant successfully completed the requisite education or training requirements of the program.
(4) The applicant has demonstrated a commitment to living a law-abiding life, which may be established by a letter of recommendation from the applicant's probation officer, parole officer or appropriate official within the 20190HB1477PN3057 - 26 - county correctional facility or the Department of Corrections, or by any other means, at the discretion of the licensing board or licensing commission, as applicable.
(4) The applicant has demonstrated a commitment to living a law-abiding life, which may be established by a letter of recommendation from the applicant's probation officer, parole officer or appropriate official within the county correctional facility or the Department of Corrections, or by any other means, at the discretion of the licensing board or licensing commission, as applicable.
(e) Notice.--Within 30 days of the conclusion of the term of the restricted license, the licensee supervising the holder of 20190HB1477PN3057 - 27 - the restricted license shall provide written notice to the licensing board or licensing commission, as appropriate, as to whether the restricted license holder complied with all conditions imposed by the licensing board or licensing commission under subsection (c).
(e) Notice.--Within 30 days of the conclusion of the term of the restricted license, the licensee supervising the holder of the restricted license shall provide written notice to the licensing board or licensing commission, as appropriate, as to whether the restricted license holder complied with all conditions imposed by the licensing board or licensing commission under subsection (c).
Supplementary provisions regarding criminal <-- convictions.
Supplementary provisions regarding criminal 2019/90SFR/HB1477A04177 - 16 - convictions.
§ 3113.
CONSIDERATION OF CRIMINAL CONVICTIONS.
<-- (A) APPLICABILITY.--THIS SECTION SHALL APPLY TO LICENSING 20190HB1477PN3057 - 28 - BOARDS AND LICENSING COMMISSIONS NOTWITHSTANDING THE FOLLOWING:
(1) ANY OTHER STATUTORY PROVISION TO THE CONTRARY REGARDING THE CONSIDERATION OF GOOD MORAL CHARACTER, CRIMES OF MORAL TURPITUDE OR ETHICAL OR HONEST PRACTICE WITH RESPECT TO DISQUALIFICATION OF LICENSURE DUE TO CRIMINAL CONVICTION.
(2) 18 PA.C.S.
§ 9124(C) (RELATING TO USE OF RECORDS BY LICENSING AGENCIES).
(3) ANY OTHER STATUTORY PROVISION THAT DISQUALIFIES AN INDIVIDUAL FROM HOLDING A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT DUE TO THE INDIVIDUAL'S CRIMINAL CONVICTION.
(A.1) CONSIDERATION.--A LICENSING BOARD OR LICENSING COMMISSION MAY NOT CONSIDER THE PROVISIONS SPECIFIED UNDER SUBSECTION (A) IN DETERMINING WHETHER AN INDIVIDUAL QUALIFIES FOR A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT BUT INSTEAD SHALL DETERMINE THE INDIVIDUAL'S QUALIFICATION FOR A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT IN ACCORDANCE WITH THE PROCEDURES SPECIFIED UNDER THIS SECTION.
If the offense is found on the list of offenses that are directly related to the occupation, trade or profession, the licensing board or licensing commission shall then determine whether licensure of the individual would pose a substantial risk to 20190HB1477PN3057 - 29 - the health and safety of the individual's patients or clients or the public or a substantial risk of further criminal convictions by conducting the individualized assessment specified in subsection (c).
If the offense is found on the list of offenses that are directly related to the occupation, trade or profession, the licensing board or licensing commission shall then determine whether licensure of the individual would pose a substantial risk to the health and safety of the individual's patients or clients or the public or a substantial risk of further criminal convictions by conducting the individualized assessment specified in subsection (c).
During the second stage of the analysis, the licensing board or licensing commission shall determine whether, due to the nature of the criminal conviction, licensure of the individual would pose a substantial risk to the health and safety of the individual's patients or clients or the public or a substantial risk of further criminal convictions by conducting the individualized assessment specified in subsection (c).
During the second stage of the analysis, the licensing board or licensing commission shall determine whether, due to the nature of the criminal conviction, licensure of the individual would pose a substantial risk to the health and safety of the individual's patients or clients or the public or a substantial risk of further criminal convictions by 2019/90SFR/HB1477A04177 - 17 - conducting the individualized assessment specified in subsection (c).
(c) Individualized assessment.--A licensing board or licensing commission shall conduct an individualized assessment of the individual with respect to criminal convictions and 20190HB1477PN3057 - 30 - rehabilitation.
(c) Individualized assessment.--A licensing board or licensing commission shall conduct an individualized assessment of the individual with respect to criminal convictions and rehabilitation.
(10) The individual's criminal history, or lack of criminal history, after the date of the criminal conviction 20190HB1477PN3057 - 31 - while engaged in the same or similar profession or occupation.
(10) The individual's criminal history, or lack of criminal history, after the date of the criminal conviction while engaged in the same or similar profession or occupation.
§ 9714 (relating to sentences for second and subsequent offenses) may be granted a license, registration, certificate or permit by a licensing board or licensing commission if all of the following apply:
§ 9714 (relating to sentences for second and subsequent offenses) may be granted a 2019/90SFR/HB1477A04177 - 18 - license, registration, certificate or permit by a licensing board or licensing commission if all of the following apply:
(5) The licensing board or licensing commission determines, by using the factors in subsection (c), except 20190HB1477PN3057 - 32 - for subsection (c)(8), that licensure of the individual does not pose a substantial risk to the health and safety of the individual's patients or clients or the public or a substantial risk of further criminal convictions.
(5) The licensing board or licensing commission determines, by using the factors in subsection (c), except for subsection (c)(8), that licensure of the individual does not pose a substantial risk to the health and safety of the individual's patients or clients or the public or a substantial risk of further criminal convictions.
(1) Marijuana, if the amount of marijuana involved is at least 10 50 pounds or at least 21 51 live plants.
(1) Marijuana, if the amount of marijuana involved is at least 10 pounds or at least 21 live plants.
<-- (2) A narcotic drug classified in Schedule I or Schedule 20190HB1477PN3057 - 33 - II under section 3 OR 4 of The Controlled Substance, Drug, <-- Device and Cosmetic Act, if the aggregate weight of the compound or mixture containing the substance involved is at least 10 100 grams.
(2) A narcotic drug classified in Schedule I or Schedule II under section 4 of The Controlled Substance, Drug, Device and Cosmetic Act, if the aggregate weight of the compound or mixture containing the substance involved is at least 10 grams.
<-- (3) Any of the following, if the aggregate weight of the compound or mixture of the substance involved is at least 10 <-- 100 grams:
(3) Any of the following, if the aggregate weight of the 2019/90SFR/HB1477A04177 - 19 - compound or mixture of the substance involved is at least 10 grams:
<-- (i) Coca leaves.
(i) Coca leaves.
(4) Any of the following, if the aggregate weight of the compound or mixture of the substance involved is at least 10 <-- 100 grams:
(4) Any of the following, if the aggregate weight of the compound or mixture of the substance involved is at least 10 grams:
<-- (i) Methamphetamine.
(i) Methamphetamine.
(D) A salt of an isomer of methamphetamine or 20190HB1477PN3057 - 34 - phencyclidine.
(D) A salt of an isomer of methamphetamine or phencyclidine.
(5) Heroin or a mixture containing heroin, if the aggregate weight of the compound or mixture containing the heroin is five 50 grams or greater.
(5) Heroin or a mixture containing heroin, if the aggregate weight of the compound or mixture containing the heroin is five grams or greater.
<-- (6) A mixture containing 3,4-methylenedioxyamphetamine (MDA);
(6) A mixture containing 3,4-methylenedioxyamphetamine (MDA);
when the aggregate weight of the compound or mixture containing the substance involved is at least 100 1,000 <-- tablets, capsules, caplets or other dosage units or 30 300 <-- grams.
when the aggregate weight of the compound or mixture containing the substance involved is at least 100 tablets, capsules, caplets or other dosage units or 30 grams.
(7) Fentanyl or a mixture containing fentanyl, if the aggregate weight of the compound or mixture containing the fentanyl is five 10 grams or more.
(7) Fentanyl or a mixture containing fentanyl, if the aggregate weight of the compound or mixture containing the fentanyl is five grams or more.
<-- (8) CARFENTANIL OR A MIXTURE CONTAINING CARFENTANIL, IF <-- THE AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE CONTAINING THE CARFENTANIL IS ONE GRAM OR MORE.
20190HB1477PN3057 - 35 - (2) Any of the offenses enumerated in 18 Pa.C.S.
2019/90SFR/HB1477A04177 - 20 - (2) Any of the offenses enumerated in 18 Pa.C.S.
Notwithstanding any provision of law to the contrary, when 20190HB1477PN3057 - 36 - determining whether an applicant is qualified to be issued a license, registration, certificate or permit, a licensing board or licensing commission may not consider the applicant's juvenile adjudications.
Notwithstanding any provision of law to the contrary, when determining whether an applicant is qualified to be issued a license, registration, certificate or permit, a licensing board or licensing commission may not consider the applicant's juvenile adjudications.
(i) Identification of the license, certificate, registration or permit for which the individual may apply.
2019/90SFR/HB1477A04177 - 21 - (i) Identification of the license, certificate, registration or permit for which the individual may apply.
(ii) A detailed description of any criminal proceedings PROCEEDING that resulted in a judgment <-- CRIMINAL CONVICTION against the individual.
(ii) A detailed description of any criminal proceedings that resulted in a judgment against the individual.
<-- (iii) Any other information that the individual believes would assist the licensing board or licensing commission with the determination.
(iii) Any other information that the individual believes would assist the licensing board or licensing commission with the determination.
20190HB1477PN3057 - 37 - (b) Determination.-- (1) If the written request under subsection (a) is submitted separately from an application for licensure, the licensing board or licensing commission shall issue the determination within 45 business days.
(b) Determination.-- (1) If the written request under subsection (a) is submitted separately from an application for licensure, the licensing board or licensing commission shall issue the determination within 45 business days.
(3) The form developed by the licensing board or licensing commission for the determination shall provide notice that, EXCEPT WITH REGARD TO THE DETAILED DESCRIPTION <-- UNDER SUBSECTION (A)(2)(II) AND AS SPECIFIED UNDER PARAGRAPH (4), the determination is neither final nor binding.
(3) The form developed by the licensing board or licensing commission for the determination shall provide notice that the determination is neither final nor binding.
(4) A licensing board or licensing commission shall not <-- be bound by the determination under this section if the individual applies for a license, certificate, registration or permit.
(4) A licensing board or licensing commission shall not be bound by the determination under this section if the individual applies for a license, certificate, registration or permit.
(4) THE DETERMINATION BY THE LICENSING BOARD OR <-- LICENSING COMMISSION SHALL BE BINDING, SUBJECT TO:
(I) A REVIEW OF CRIMINAL HISTORY RECORD INFORMATION SUBMITTED DURING THE APPLICATION PROCESS.
(II) SECTION 3113 (RELATING TO CONSIDERATION OF CRIMINAL CONVICTIONS).
20190HB1477PN3057 - 38 - (d) Fees.-- (1) A licensing board or licensing commission may charge a fee for the determination, however, the fee may not exceed an amount sufficient to reimburse the licensing board or licensing commission for the administrative costs associated with processing the preliminary determination.
(d) Fees.-- (1) A licensing board or licensing commission may charge a fee for the determination, however, the fee may not exceed an amount sufficient to reimburse the licensing board or licensing commission for the administrative costs associated with processing the preliminary determination.
The schedule of fees must include a procedure for the licensing boards and licensing commissions to issue determinations and waive the fee if payment of the fee would constitute an economic hardship for the applicant.
The schedule of fees must include a procedure for the licensing boards and licensing commissions to issue 2019/90SFR/HB1477A04177 - 22 - determinations and waive the fee if payment of the fee would constitute an economic hardship for the applicant.
(a) Development of guide.--Within 180 days of the effective 20190HB1477PN3057 - 39 - date of this subsection, the Department of State shall, in collaboration with the licensing boards and licensing commissions, develop a guide of best practices for an applicant with a criminal conviction to use when seeking a license, certificate, registration or permit.
(a) Development of guide.--Within 180 days of the effective date of this subsection, the Department of State shall, in collaboration with the licensing boards and licensing commissions, develop a guide of best practices for an applicant with a criminal conviction to use when seeking a license, certificate, registration or permit.
(iii) Section 3113 (relating to supplementary <-- provisions regarding CONSIDERATION OF criminal <-- convictions).
(iii) Section 3113 (relating to supplementary provisions regarding criminal convictions).
20190HB1477PN3057 - 40 - (a) Duty of commissioner.--After consultation with the licensing boards and licensing commissions, the commissioner shall have the power and duty to publish a schedule of criminal convictions that may constitute grounds to refuse to issue OR <-- RENEW, suspend or revoke a license, certificate, registration or permit for each occupation or profession under the respective practice acts.
(a) Duty of commissioner.--After consultation with the licensing boards and licensing commissions, the commissioner shall have the power and duty to publish a schedule of criminal convictions that may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit for each occupation or profession under the respective practice acts.
(2) The schedule shall indicate the licensing board and licensing commission responsible for licensure of each occupation or profession.
(2) The schedule shall indicate the licensing board and licensing commission responsible for licensure of each 2019/90SFR/HB1477A04177 - 23 - occupation or profession.
(b) Public comment period.--Within 120 days of the publication of the schedule in the Pennsylvania Bulletin under subsection (a), the commissioner shall submit initial proposed 20190HB1477PN3057 - 41 - regulations to the Independent Regulatory Review Commission under section 5 of the Regulatory Review Act.
(b) Public comment period.--Within 120 days of the publication of the schedule in the Pennsylvania Bulletin under subsection (a), the commissioner shall submit initial proposed regulations to the Independent Regulatory Review Commission under section 5 of the Regulatory Review Act.
and (3) determining whether a criminal conviction may result in refusing to issue a license, certificate, registration or permit under section 3113 (relating to supplementary <-- provisions regarding CONSIDERATION OF criminal convictions).
and (3) determining whether a criminal conviction may result in refusing to issue a license, certificate, registration or permit under section 3113 (relating to supplementary provisions regarding criminal convictions).
<-- § 3118.
§ 3118.
20190HB1477PN3057 - 42 - (a) Report required.--Within two years after the effective date of this section and every four years thereafter, the Secretary of the Commonwealth shall issue a written report regarding the implementation and effectiveness of the following:
(a) Report required.--Within two years after the effective date of this section and every four years thereafter, the Secretary of the Commonwealth shall issue a written report 2019/90SFR/HB1477A04177 - 24 - regarding the implementation and effectiveness of the following:
(iii) Section 3113 (relating to supplementary <-- provisions regarding CONSIDERATION OF criminal <-- convictions).
(iii) Section 3113 (relating to supplementary provisions regarding criminal convictions).
(5) The chairperson and minority chairperson of the 20190HB1477PN3057 - 43 - Judiciary Committee of the House of Representatives.
(5) The chairperson and minority chairperson of the Judiciary Committee of the House of Representatives.
(iv) The number of restricted licenses that are revoked during the restricted license term under section 3112(d) and the reasons for the revocations.
(iv) The number of restricted licenses that are 2019/90SFR/HB1477A04177 - 25 - revoked during the restricted license term under section 3112(d) and the reasons for the revocations.
(3) The number of applicants that are denied licenses, certificates, registrations and permits each year by the licensing boards and licensing commissions as a result of 20190HB1477PN3057 - 44 - criminal convictions.
(3) The number of applicants that are denied licenses, certificates, registrations and permits each year by the licensing boards and licensing commissions as a result of criminal convictions.
31 and the act of July 2, 1993 (P.L.345, No.48), is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not 20190HB1477PN3057 - 45 - intended to change or affect the legislative intent, judicial construction or administration and implementation of the act of July 2, 1993 (P.L.345, No.48).
31 and the act of July 2, 1993 (P.L.345, No.48), is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the act of July 2, 1993 (P.L.345, No.48).
§§ 3112, 3112.1, 3113, 3114, 3115, 3116, 3117 and 3118 shall apply to official acts and matters, including disciplinary matters, related to the issuance of licenses, certificates, registrations or permits by licensing boards or licensing commissions beginning on or after 180 days after the effective date of this section.
§§ 3112, 3112.1, 3113, 2019/90SFR/HB1477A04177 - 26 - 3114, 3115, 3116, 3117 and 3118 shall apply to official acts and matters, including disciplinary matters, related to the issuance of licenses, certificates, registrations or permits by licensing boards or licensing commissions beginning on or after 180 days after the effective date of this section.
20190HB1477PN3057 - 46 -
2019/90SFR/HB1477A04177 - 27 -