PRINTER'S NO. 1534
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1165
Session of
2024
INTRODUCED BY BOSCOLA, FONTANA AND LAUGHLIN, APRIL 22, 2024
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 22, 2024
AN ACT
Amending Title 63 (Professions and Occupations (State Licensed))
of the Pennsylvania Consolidated Statutes, in powers and
duties, providing for criminal history background checks.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 63 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3119. Criminal history background checks.
(a) Requirements.--An individual applying for a license,
certificate, registration or permit as a health care
practitioner, in addition to other requirements specified in
law, shall submit a full set of fingerprints to the Pennsylvania
State Police. The Pennsylvania State Police shall check the
fingerprints against records in the Pennsylvania State central
repository for the purpose of obtaining a current record of any
criminal arrests and convictions.
(b) National criminal history record check.--The
Pennsylvania State Police shall submit the fingerprints of
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applicants seeking a license, certificate, registration or
permit as described in subsection (a) to the Federal Bureau of
Investigation for the purpose of verifying the identity of the
applicant and obtaining a current record of any criminal arrests
and convictions. The Pennsylvania State Police shall forward the
results of the criminal history record check to the Department
of State for the sole purpose of determining the applicant's
eligibility for a license, certificate, registration or permit
under subsection (a). The Department of State shall not
disseminate the criminal history record check information to any
other entity.
(c) Powers of the licensing board or licensing commission.--
The appropriate licensing board or licensing commission may
refuse to issue a license, certificate, registration or permit
to an applicant seeking licensure in accordance with section
3113 (relating to consideration of criminal convictions).
(d) Duties of Department of State.--No later than six months
after the effective date of this subsection, the Department of
State shall adopt policies and procedures necessary to carry out
the provisions of this section that comply with the Criminal
Justice Information Service Security Policy and applicable
Federal and State laws and regulations pertaining to the
confidentiality, maintenance and handling of criminal justice
information.
(e) Exemption.--The criminal history record check
information obtained under this section shall be exempt from the
limitations under 18 Pa.C.S. ยง 9121(b) (relating to general
regulations).
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection unless the context clearly indicates otherwise:
"Health care practitioner." An individual who is authorized
to practice some component of the healing arts by a license,
certificate, registration or permit issued by one of the
following licensing boards under the bureau:
(1) The State Board of Chiropractic under the act of
December 16, 1986 (P.L.1646, No.188), known as the
Chiropractic Practice Act.
(2) The State Board of Dentistry under the act of May 1,
1933 (P.L.216, No.76), known as The Dental Law.
(3) The State Board of Examiners in Speech-Language
Pathology and Audiology under the act of December 21, 1984
(P.L.1253, No.238), known as the Speech-Language Pathologists
and Audiologists Licensure Act.
(4) The State Board of Medicine under any of the
following acts:
(i) The act of December 20, 1985 (P.L.457, No.112),
known as the Medical Practice Act of 1985.
(ii) The act of February 14, 1986 (P.L.2, No.2),
known as the Acupuncture Licensure Act.
(iii) The act of November 3, 2016 (P.L.997, No.128),
known as the Naturopathic Doctor Registration Act.
(5) The State Board of Nursing under either of the
following acts:
(i) The act of May 22, 1951 (P.L.317, No.69), known
as The Professional Nursing Law.
(ii) The act of March 2, 1956 (1955 P.L.1211,
No.376), known as the Practical Nurse Law.
(6) The State Board of Occupational Therapy Education
and Licensure under the act of June 15, 1982 (P.L.502,
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No.140), known as the Occupational Therapy Practice Act.
(7) The State Board of Optometry under the act of June
6, 1980 (P.L.197, No.57), known as the Optometric Practice
and Licensure Act.
(8) The State Board of Osteopathic Medicine under either
of the following acts:
(i) The act of October 5, 1978 (P.L.1109, No.261),
known as the Osteopathic Medical Practice Act.
(ii) The act of February 14, 1986 (P.L.2, No.2),
known as the Acupuncture Licensure Act.
(9) The State Board of Pharmacy under the act of
September 27, 1961 (P.L.1700, No.699), known as the Pharmacy
Act.
(10) The State Board of Physical Therapy under the act
of October 10, 1975 (P.L.383, No.110), known as the Physical
Therapy Practice Act.
(11) The State Board of Podiatry under the act of March
2, 1956 (1955 P.L.1206, No.375), known as the Podiatry
Practice Act.
(12) The State Board of Psychology under the act of
March 23, 1972 (P.L.136, No.52), known as the Professional
Psychologists Practice Act.
(13) The State Board of Social Workers, Marriage and
Family Therapists and Professional Counselors under the act
of July 9, 1987 (P.L.220, No.39), known as the Social
Workers, Marriage and Family Therapists and Professional
Counselors Act.
"License, certificate, registration or permit." The
credential issued by one of the licensing boards under the
bureau that authorizes the holder to engage in a specific
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occupation or profession.
Section 2. This act shall take effect in 180 days.
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