§ 3119. Criminal history background checks.

805 words·~4 min read·/pa/title-63/chapter-31/3119

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 Police 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 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 Services 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. § 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 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, 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 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 occupation or profession.

63c3119v

(July 17, 2024, P.L.870, No.79, eff. 180 days)

2024 Amendment. Act 79 added section 3119.

63c3120s