CHAPTER 43b. COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Subchap. Sec.
A. SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL…43b.1
B. EXPUNGEMENT…43b.101
C. FEES…43b.201
D. PRACTICE AND PROCEDURE …43b.301
E. CONSIDERATION OF CRIMINAL CONVICTIONS…43b.401
Subchapter A. SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES
FOR APPEAL
Sec.
43b.1. Purpose.
43b.2. Definitions.
43b.3. Procedures.
43b.4. Schedule of civil penalties—barbers and barber shops.
43b.5. Schedule of civil penalties—cosmetologists, nail technicians, estheticians, natural hair braiders, salons.
43b.6. Schedule of civil penalties—funeral directors and funeral establishments.
43b.7. Schedule of civil penalties—pharmacists and pharmacies.
43b.7a. Schedule of civil penalties—pharmacists and pharmacies—statement of policy.
43b.8. Schedule of civil penalties—real estate and cemetery brokers, real estate education providers.
43b.9. Schedule of civil penalties—vehicle manufacturers, dealers and salespersons.
43b.10. [Reserved].
43b.10a. Schedule of civil penalties—accountants.
43b.11. [Reserved].
43b.11a. Schedule of civil penalties—architects.
43b.12. [Reserved].
43b.12a. Schedule of civil penalties—auctioneers, apprentice auctioneers and auction companies.
43b.13. [Reserved].
43b.13a. Schedule of civil penalties—engineers, land surveyors and geologists.
43b.14. [Reserved].
43b.14a. Schedule of civil penalties—dentists, dental hygienists and expanded function dental assistants.
43b.15. Schedule of civil penalties—certified real estate appraisers—statement of policy.
43b.16. [Reserved].
43b.16a. Schedule of civil penalties—audiologists and speech-language pathologists.
43b.17. Schedule of civil penalties—nursing home administrators—statement of policy.
43b.18. [Reserved].
43b.18a. Schedule of civil penalties—nurses.
43b.19. Schedule of civil penalties—occupational therapists and occupational therapy assistants—statement of policy.
43b.20. Schedule of civil penalties—physicians and other board regulated practi-tioners—statement of policy.
43b.21. [Reserved].
43b.21a. Schedule of civil penalties—veterinarians and certified veterinary technicians.
43b.22. Schedule of civil penalties—chiropractors.
43b.23. [Reserved].
43b.23a. Schedule of civil penalties—massage therapists.
43b.24. Schedule of civil penalties—social workers, marriage and family therapists and professional counselors.
43b.25. Schedule of civil penalties—optometrists.
43b.26. Schedule of civil penalties—physical therapists and physical therapists assistants.
43b.27. Schedule of civil penalties—podiatrists.
43b.28. Schedule of civil penalties—crane operators.
Authority The provisions of this Chapter 43b issued under section 5(a) of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. § 2205(a)), unless otherwise noted.
Source The provisions of this Chapter 43b adopted December 12, 1997, effective December 13, 1997, 27 Pa.B. 6467, unless otherwise noted.
Cross References This chapter cited in 49 Pa. Code § 13.253 (relating to inspections—statement of policy).
§ 43b.1. Purpose.
The purpose of this chapter is to adopt a schedule of civil penalties, procedures for their imposition and procedures for appeal for persons operating without a current, registered, unsuspended and unrevoked license, registration, certificate or permit. The schedule of civil penalties also includes penalties imposed for violating provisions of statutes and regulations of the licensing boards and relating to the conduct or operation of a business or facility as licensed by a licensing board in the Bureau.
§ 43b.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. § § 2201—2207).
Authorized agent—An individual authorized by the Bureau to issue citations in accordance with the act.
Bureau—The Bureau of Professional and Occupational Affairs under the Commissioner within the Department of State.
Commissioner—The Commissioner of Professional and Occupational Affairs.
Formal action—Written charges initiated by the filing of an order to show cause as provided for under 1 Pa. Code § 35.14 (relating to orders to show cause).§ 43b.3. Procedures.
(a) Inspections/investigations. Authorized agents may conduct inspections and investigations for the purpose of ascertaining compliance with statutory provisions and regulations of licensing boards and commissions relating to required licensure and the conduct or operation of a business or facility.
(b) Citations.
(1) If an inspection reveals a violation of a statute or a regulation for which a civil penalty has been established under the schedules in this chapter, the authorized agent may prepare a citation indicating the violations found and the penalties imposed. A copy of the citation will be provided to the respondent.
(2) The citation shall be made on a form approved by the Bureau.
(3) Within 10 days of the date of the issuance of the citation, the respondent shall enter one of the following:
(i) A plea to admit to the violation and remit payment of the civil penalty to the Bureau.
(ii) A plea to deny the violation and request a hearing to contest the imposition of a civil penalty.
(4) Failure to respond to the citation in the manner specified in paragraph (3) within 10 days will result in the entry of a default judgment against the respondent for the full amount of the civil penalty and may result in additional disciplinary action.
(5) The civil penalties shall be paid by certified check or cashier’s check or money order and made payable to the ‘‘Commonwealth of Pennsylvania,’’ and mailed to: Commonwealth of Pennsylvania, Department of State, Complaints Office—Citations, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649.
(c) Citation hearings.
(1) Citation hearings shall be conducted by a hearing examiner in compliance with 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law).
(2) If a violation is found, the hearing examiner shall impose the full amount of the civil penalty as charged in the citation and as authorized by the schedules in this chapter.
(d) Appeals. A decision by a hearing examiner may be appealed by any party by filing an application for review with the appropriate licensing Board within 20 days of the mailing date of the order. An application for review shall set forth with specificity the grounds for appeal. The Board will review the record established before the hearing examiner and in its discretion receive additional evidence.
(e) Miscellaneous. This section supplements 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedures).
Source The provisions of this § 43b.3 amended March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833. Immediately preceding text appears at serial pages (307368) to (307369) and (274975).
§ 43b.4. Schedule of civil penalties—barbers and barber shops.
STATE BOARD OF BARBER EXAMINERS
Violation under 35 P.S. Title/Description Civil Penalty Section 637.6(a)(1) Failure of licensed barber shop or school to post a sign as required under section 4 of the Clean Indoor Air Act (35 P.S. § 637.4) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000 Section 637.6(a)(2) Barber shop permitting smoking in the barber shop or barber school permitting smoking in the barber school in violation of the Clean Indoor Air Act (35 P.S. § § 637.1— 637.11) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000 Section 637.6(a)(3) Licensee of the Board smoking in a barber shop or in a barber school in violation of the Clean Indoor Air Act 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000
Violation under 63 P.S. Violation under 49 Pa. Code Chapter 3 Title/Description Civil Penalty Section 551 N/A Practicing without a license 1st offense—$500 2nd offense—Formal action Section 557 Section 3.13(a) Availability of current license on premises 1st offense—$150 2nd offense—$500 N/A Section 3.15(a) Practicing on a lapsed or expired (unregistered) license 1st offense—Up to 90 days—Warning; 90 days to 1 year—$250; 1 year to 2 years— $500; over 2 years— $1,000 2nd offense—Formal action N/A Section 3.15(a) Operating a shop or school on a lapsed or expired (unregistered) license 1st offense—Up to 90 days—Warning; 90 days to 1 year—$250; from 1 year to 2 years—$500; over 2 years—$1,000 2nd offense—Formal action Section 559(a)(6) Section 3.14(a) Failure to employ licensed persons 1st offense—$500 for each individual unlicensed barber 2nd offense—Formal action Section 560 Section 3.51(a) Opening shop for business before shop inspected and approved 1st offense—$200 2nd offense—Formal action Section 560 Section 3.51(a) Failure to file application when taking over as owner of an existing shop 1st offense—$500 2nd offense—Formal action Section 562 N/A Operating a shop without supervision of designated manager barber or other designated licensee 1st offense—$250 2nd offense—Formal action Section 562(a)(1) N/A Operating a shop or school without a license 1st offense—$500 2nd offense—Formal action Section 560 Section 3.51(a) Failure to obtain a new shop license when shop moves 1st offense—$500 2nd offense—Formal action Section 563(a) Section 3.14(b) Licensee practicing in place other than licensed shop 1st offense—$500 2nd offense—Formal action N/A Section 3.51(b) Failure to register trade name 1st offense—$100 2nd offense—Formal action N/A Section 3.54 Failure to meet minimum equipment requirements 1st offense—$100 2nd offense—Formal action N/A Section 3.55 Failure to meet minimum maintenance and sanitation requirements 1st offense—$100 2nd offense—Formal action N/A Section 3.85 School equipment does not meet requirements 1st offense—$100 2nd offense—Formal action N/A Section 3.86 School maintenance and sanitation requirements not met 1st offense—$250 2nd offense—Formal action N/A Section 3.89 School advertising requirements not met 1st offense—$250 2nd offense—Formal action
Authority The provisions of this § 43b.4 amended under section 5 of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S § 2205).
Source The provisions of this § 43b.4 amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673; corrected January 31, 2014, effective December 23, 2006, 44 Pa.B. 597; amended March 6, 2020, effective March 7, 2020, 50 Pa.B. 1354. Immediately preceding text appears at serial pages (370273) to (370276).
§ 43b.5. Schedule of civil penalties—cosmetologists, nail technicians, estheticians, natural hair braiders, salons.
STATE BOARD OF COSMETOLOGY
Violation under 35 P. S. Title/Description Civil Penalty Section 637.6(a)(1) Failure of licensed cosme- tology salon, limited practice salon or cosmetology school to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. § 637.4) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000 Section 637.6(a)(2) Licensed cosmetology or limited practice salon permitting smoking in the salon or licensed cosme- tology school permitting smoking in the school in violation of the Clean Indoor Air Act (35 P. S. § § 637.1—637.11) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000 Section 637.6(a)(3) Licensee of the Board smoking in a cosmetology salon, limited practice salon, or cosmetology school in violation of the Clean Indoor Air Act 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense—$1,000
Violation under 63 P. S. Title/Description Civil Penalty Section 508 Practicing without a license 1st offense—$500 2nd offense—Formal action Section 508 Maintaining an unlicensed shop 1st offense—$500 2nd offense—Formal action Section 514 Practice in place other than licensed shop 1st offense—$500 2nd offense—Formal action Section 519(a) Owner employing unlicensed employees 1st offense—$500 for each unlicensed individual 2nd offense—Formal action Section 524 Availability of current licenses and permits on the premises 1st offense—$100 2nd offense—$250
Violation under 49 Pa. Code Chapter 7 Title/Description Civil Penalty Section 7.43 Practice on lapsed license 1st offense—Up to 90 days—Warning; 90 days or more—$250 2nd offense—Formal action Section 7.62 Operating without manager 1st offense—$100 2nd offense—$250 Sections 7.64(a) Manager employing unlicensed persons 1st offense—$500 for each unlicensed individual 2nd offense—Formal action Sections 7.71—7.79 Physical requirements for beauty shop 1st offense—$50 for each violation 2nd offense—$100 for each violation Section 7.82 Failure to maintain record of services rendered outside a shop 1st offense—$50 2nd offense—$250 Section 7.92 Failure to sterilize equipment 1st offense—$100 2nd offense—$250 Section 7.93 Unsanitary use of towels 1st offense—$100 2nd offense—$250 Section 7.94 Unsanitary use of supplies 1st offense—$100 2nd offense—$250 Section 7.101 Electrical appliances not properly installed/grounded 1st offense—$50 2nd offense—$250 Section 7.114 School equipment and supplies not sufficient for student enrollment $50/each item missing Section 7.117 Failure to employ supervisor 1st offense—$500 2nd offense—Formal action Section 7.118(a) Unlicensed teachers 1st offense—$500 2nd offense—Formal action Section 7.118(b) Availability of instructor license on the premises 1st offense—$100 2nd offense—$250 Section 7.118(c) Failure to employ at least one full time instructor 1st offense—$100 2nd offense—$250 Section 7.118(d) Allowing student-teacher ratio to exceed 25:1 1st offense—$100 2nd offense—$250 Section 7.119 Failure to maintain student records 1st offense—$250 2nd offense—Formal action Section 7.119a Failure to obtain notarized transcript; failure to obtain verification from other state 1st offense—$50 2nd offense—$250 Section 7.120 Work done by students on public; failure to post notices; failure to post sign 1st offense—$100 2nd offense—$250 Section 7.121 Failure to advertise licensee name or student work 1st offense—$100 2nd offense—$250 Section 7.134 Apprentice reports—failure to submit to board 1st offense—$100 2nd offense—$250
Authority The provisions of this § 43b.5 amended under the act of July 2, 1993 (P. L. 345, No. 48).
Source The provisions of this § 43b.5 amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673. Immediately preceding text appears at serial pages (325185) to (325187).
§ 43b.6. Schedule of civil penalties—funeral directors and funeral establishments.
STATE BOARD OF FUNERAL DIRECTORS
Violation under 35 P. S. Title/Description Civil Penalty Section 637.6(a)(1) Failure of funeral establish- ment to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. § 637.4) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000 Section 637.6(a)(2) Funeral establishment permitting smoking in the funeral establishment in violation of the Clean Indoor Air Act (35 P. S. § § 637.1—637.11) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000 Section 637.6(a)(3) Licensee of the Board smoking in a funeral establishment in violation of the Clean Indoor Air Act 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000
Violation under 63 P. S. Title/Description Civil Penalty Section 479.6 Failure to display licenses conspicuously 1st offense—$50 2nd offense—$250 Section 479.13 Practice without license Any offense—$1,000
Violation under 49 Pa. Code Chapter 13 Title/Description Civil Penalty Section 13.83 Section 13.84 Section 13.194 Requirements for advertising of name of licensee 1st offense—$100 2nd offense—$250 Section 13.91 Operating funeral establish- ment without Board approval Any offense—$1,000 Section 13.171 Use of preparation room for purposes other than embalm- ing or caring for remains 1st offense—$100 2nd offense—Formal action Section 13.174 Preparation room facility and equipment requirements 1st offense—$100 per violation 2nd offense—$250 per violation Section 13.182 Improper disposal of waste products including biohazardous waste 1st offense—$100 2nd offense—$500 Section 13.193 Advertising name of perm- anent supervisor 1st offense—$100 2nd offense—$250 Section 13.224 Failure to comply with reporting requirements for prepaid burial contracts 1st offense—$100 2nd offense—Formal action Section 13.225 Failure to file affidavit for prepaid burial account 1st offense—$100 2nd offense—Formal action Section 13.231 Practicing on a lapsed license Up to 60 days—1st offense—Warning 60 days or more—$500 2nd offense—Formal action
Authority The provisions of this § 43b.6 amended under the act of July 2, 1993 (P.L. 345, No. 48).
Source The provisions of this § 43b.6 amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673. Immediately preceding text appears at serial page (325188).
§ 43b.7. Schedule of civil penalties—pharmacists and pharmacies.
STATE BOARD OF PHARMACY
Violation under 35 P. S. Title/Description Civil Penalty Section 637.6(a)(1) Failure of a pharmacy permit holder to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. § 637.4) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000 Section 637.6(a)(2) Pharmacy permit holder permitting smoking in the pharmacy in violation of the Clean Indoor Air Act (35 P. S. § § 637.1—637.11) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense—$1,000 Section 637.6(a)(3) Licensee of the Board smoking in a pharmacy in violation of the Clean Indoor Air Act 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000
Violation under 49 Pa. Code Chapter 27 Title/Description Civil Penalty Section 27.11 Pharmacy Permit— (a) Lack of permit showing accurate and current information as to name and address of pharmacy and name of pharmacist manager $100 (b) Display, advertise or use a name other than registered name 1st offense—$100 2nd offense—$100 (g) Failure to notify Board of change in pharmacist manager or operation of pharmacy without pharmacist manager. 1st offense—$50 per month or part of month; Formal action if no compliance within 60 days after receiving citation 2nd offense—same as 1st offense Section 27.14 Supplies— (b) Expired drugs 1st offense—Under 1 year old—$250 1st offense—Over 1 year old—$500 2nd offense—$1,000 (c) Failure to maintain equipment and miscellaneous supplies $100 each Section 27.15 Sanitary standards (a) Pharmacy not in good repair or not in clean and orderly condition. $250 (b) Violation of health and sanitation statutes of the Commonwealth and of the municipality and county where pharmacy is located. $250 (c) Waste disposal violations $250 (d) Prescription area not dry, well ventilated and well lighted; not free from rodents or insects $250 (e) Plumbing not functional $250 (f) Unauthorized items in prescription area $250 Section 27.16 Construction requirements— (b)(4) Lack of telephone $250 (5) Lack of required sanitary facilities $250 (7) Television set in prescription area not intended for pharmacy instructional use $500 (8) Drugs accessible to unauthorized persons; animals unrelated to pharmacy security in prescription area $250 Section 27.18 Standards of practice— (a) Unsuitable containers $100 (b) Lack of required information on prescriptions $100 (d) Lack of required information on container labels $100 Section 27.31 Biennial renewal—(c) practicing on a lapsed license or permit 0-4 months—$50 per month; over 4 months—8 months—$100 per month; over 9 months—12 months—$200 per month; over 1 year—formal action
Violation under 28 Pa. Code Chapter 25 Title/Description Civil Penalty Section 25.55(d) Improper generic substitution Five to nine $250 10 or more $500 Section 25.55(e) Failure to refill prescription with the identical product without authorization from prescriber and patient $100 Section 25.56(a) Improper filing of Schedule II prescriptions $100 Section 25.56(b) Improper filing of Schedule III, IV, V prescriptions $100 Section 25.63(b) Inadequate security for controlled substances $250 Section 25.92 Lack of lot numbers required on stock items $100 Section 25.94 Lack of expiration date on label of dispensed drugs of less than 1 year’s potency. $100
Authority The provisions of this § 43b.7 amended under the act of July 2, 1993 (P.L. 345, No. 48).
Source The provisions of this § 43b.7 amended March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673. Immediately preceding text appears at serial pages (325189) to (325191).
§ 43b.7a. Schedule of civil penalties—pharmacists and pharmacies—statement of policy.
STATE BOARD OF PHARMACY
Violation under 49 Pa. Code Chapter 27 Title/Description Civil Penalty Section 27.31 Biennial renewal—(c) Practicing on a lapsed license or permit 0-4 months—$50 per month; over 4 months-8 months—$100 per month; Over 9 months-12 months—$200 per month; Over 1 year—formal action
Source The provisions of this § 43b.7a adopted November 27, 1998, effective November 28, 1998, 28 Pa.B. 5883.
§ 43b.8. Schedule of civil penalties—real estate and cemetery brokers, real estate education providers.
STATE REAL ESTATE COMMISSION
Violation under 35 P.S. Title/Description Civil Penalty Section 637.6(a)(1) Failure of broker or cemetery broker to post a sign in a real estate office or cemetery office or real estate education provider to post a sign in a real estate school as required under section 4 of the Clean Indoor Air Act (35 P.S. § 637.4) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense— $1,000 Section 637.6(a)(2) Broker or cemetery broker permitting smoking in a real estate or cemetery office or real estate education provider permitting smoking in a real estate school in violation of the Clean Indoor Air Act (35 P.S. § § 637.1—637.11) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)— $1,000 Section 637.6(a)(3) Licensee of the Commission smoking in a real estate office, cemetery office or real estate school in violation of the Clean Indoor Air Act 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)— $1,000
Violation under 63 P.S. Title/Description Civil Penalty Section 455.301 Acting in capacity of cemetery broker or cemetery salesperson without a license 1st offense—$250 per violation 2nd offense—$500 per violation Section 455.601(a) Failure of licensee to notify Commission of change of location of office of broker or cemetery broker within 10 days 1st offense—$125 2nd offense—$250 Section 455.601(a) Failure of broker or cemetery broker to maintain sign with licensed name outside office 1st offense—$250 2nd offense—$500 Section 455.603 Failure of licensee to notify Commission of change of employing broker within 10 days 1st offense—$125 2nd offense—$250 Section 455.604(a)(4) Use of any trade name or insignia or membership in any real estate association or organization of which the licensee is not a member 1st offense—$250 2nd offense—$500 Section 455.604(a)(8) Placing a ‘‘for sale’’ or ‘‘for rent’’ sign or advertising property without the written consent of the owner 1st offense—$250 2nd offense—$500 Section 455.604(a)(16) Failure to exercise adequate supervision of licensed salesperson or associate broker (when subordinate violates § 455.601(a), § 455.603 or § 455.604(a)(21)) Same as penalty for underlying offense by subordinate Section 455.604(a)(21) Failure of licensee to have current license when performing licensed activity 1st offense—$250 per month up to $1,000 2nd offense—Formal action Section 455.609(b) Failure to include right-of-cancellation information in a time share or campground membership 1st offense—$500 2nd offense—$1,000 Section 2205(b)(2) Aiding and abetting cemetery or real estate sales activities by unlicensed individuals 1st offense—$250 per individual 2nd offense—$500 per individual
Violation under 49 Pa. Code Chapter 35 Title/Description Civil Penalty Section 35.242(a) Failure of broker or cemetery broker to devote office to transaction of real estate business in privacy 1st offense—$125 2nd offense—$250 Section 35.242(b) Failure of broker or cemetery broker to maintain separate entrance to office located in private residence 1st offense—$125 2nd offense—$250 Section 35.242(c) Failure of broker or cemetery broker to display business name prominently and in permanent fashion outside office 1st offense—$250 2nd offense—$500 Section 35.243(a) Failure of broker or cemetery broker to obtain license before opening branch office 1st offense—$250 2nd offense—$500 Section 35.245(a) Failure of broker, cemetery broker or rental listing referral agent to maintain the current license of employed or affiliated licensees at main office 1st offense—$125 2nd offense—$250 Section 35.245(b) Failure of broker or cemetery broker to maintain a list of licensees employed or affiliated with the broker or cemetery broker at the branch office out of which each licensee works 1st offense—$125 2nd offense—$250 Section 35.285 Failure to provide Commission or its representative with information regarding a franchisor, network or other parent real estate company with which the licensee is or may become affiliated 1st offense—$250 2nd offense—$500 Section 35.286(a) Failure of broker to retain a copy of the written estimate of reasonably foreseeable expenses required under 49 Pa. Code § 35.334 (relating to statements of estimated cost and return) 1st offense—$250 2nd offense—$500 Section 35.286(a)(1) Failure of broker, associate broker or salesperson to retain a copy of the acknowledgement portion of the Consumer Notice 1st offense—$250 2nd offense—$500 Section 35.286(b) Failure of a licensed entity other than an individual to produce its corporate, partnership or association records for examination by the Commission or its authorized representative 1st offense—$250 2nd offense—$500 Section 35.290(b) Failure of a licensee to notify the Commission of disciplinary action taken against the licensee by the real estate licensing authority of another jurisdiction within 30 days of receiving notice of the disciplinary action 1st offense—$500 2nd offense—$1,000 Section 35.292(a)(6) Failure of broker, associate broker or salesperson to provide a copy of the Consumer Notice as required under 63 P.S. § 455.608 (relating to information to be given at initial interview) 1st offense—$250 2nd offense—$500 Section 35.301(a) Advertising the sale or lease of real estate without the authority of the seller or lessor or its agent 1st offense—$250 2nd offense—$500 Section 35.301(b) Publishing information about a rental property if the lessor or property manager expressly stated that the property was not to be included in lists prepared by rental listing referral agents 1st offense—$250 2nd offense—$500 Section 35.304 Failure of a licensee who sells or leases his own real estate to disclose in ads for the property that he is a licensee 1st offense—$250 2nd offense—$500 Section 35.305(a) Failure of broker, cemetery broker or rental listing referral agent to advertise or hold himself out to public under business name designated on license 1st offense—$250 2nd offense—$500 Section 35.305(b) Advertising or using a nickname that has not been registered with the Commission 1st offense—$250 2nd offense—$500 Section 35.305(c) Failure of salesperson or associate broker to include the business name and telephone number of the broker in at least equal size as the salesperson’s or associate broker’s name and telephone number on an advertisement 1st offense—$250 2nd offense—$500 Section 35.334 Failure of broker to provide a written estimate of reasonably foreseeable expenses 1st offense—$250 2nd offense—$500 Section 35.361(a) Failure of real estate education provider to prominently display certificate of approval at main location 1st offense—$125 2nd offense—$250 Section 35.361(b) Failure of real estate education provider to prominently display approved name at each location where courses are taught 1st offense—$250 2nd offense—$500
Authority The provisions of this § 43b.8 amended under the act of July 2, 1993 (P.L. 345, No. 48).
Source The provisions of this § 43b.8 amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673; amended March 6, 2020, effective March 7, 2020, 50 Pa.B. 1354. Immediately preceding text appears at serial pages (365031) to (365036).
§ 43b.9. Schedule of civil penalties—vehicle manufacturers, dealers and salespersons.
STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS
AND SALESPERSONS
Violation under 35 P.S. Title/Description Civil Penalty Section 637.6(a)(1) Failure of vehicle dealer, branch lot, public or retain vehicle auction, or wholesale vehicle auction to post a sign as required under section 4 of the Clean Indoor Air Act. 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000 Section 637.6(a)(2) Vehicle dealership, branch lot, public or retail vehicle auction, or wholesale vehicle auction permitting smoking in an area where smoking is prohibited by the Clean Indoor Air Act (35 P.S. § § 637.1—637.11) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000 Section 637.6(a)(3) Licensee of the Board smoking in an area of the vehicle dealership, branch lot, public or retail vehicle auction or wholesale vehicle auction where smoking is prohibited by the Clean Indoor Air Act 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000
Violation under 63 P.S. Title/Description Civil Penalty Section 818.303(a) Person or entity engaging in business of vehicle dealer, auction, manufacturer or distributor without license or acting as broker Each offense—$1,000 Section 818.303(a) Person engaging in business as a factory representative or distributor representative without a license 1st offense—$100 2nd offense—$500 3rd offense—$1,000 Section 818.303(a) Individual working as unlicensed salesperson for dealership 1st offense—$100 2nd offense—$500 3rd offense—Formal action Section 818.303(c) Licensed salesperson working as salesperson for dealership other than for whom salesperson is licensed 1st offense—$100 2nd offense—$500 3rd offense—Formal action Section 818.303(d) Failure to display license in principal office 1st offense—$100 2nd offense—$500 3rd offense—Formal action Section 818.303(h) Vehicle auction not posting list of revoked/suspended licensees 1st offense—$250 2nd offense—$500 3rd offense—Formal action Section 818.318(15) Licensed dealer employing unlicensed salesperson 1st offense—$500 2nd offense—$1,000 3rd offense—Formal action Section 818.318(29) Wholesale auction permitting unlicensed or revoked or currently suspended dealer or vehicle business to buy, sell or represent vehicle at auction 1st offense—$250 2nd offense—$500 3rd offense—$1,000 Subsequent offense— Formal action Section 818.318(30) Dealer permitting revoked or currently suspended sales-person to sell, represent or purchase vehicle at auction 1st offense—$500 2nd offense—$1000 3rd offense—Formal action Sections 818.303(a) and 818.318(27) Licensed dealer operating an unlicensed branch lot 1st offense—$1,000 2nd offense—Formal action Sections 818.303(f)(5) and (g)(1) and 818.318(38) Person with revoked or currently suspended dealer or salesperson license physically present during auctioning of vehicles Each offense $1,000 Section 818.318(34) Licensed dealer conducting its business under any name other than its licensed name 1st offense—$250 2nd offense—$500 3rd offense—Formal action Section 818.318(37) Licensed dealer failing to produce records to an authorized agent of the Board 1st offense—$500 2nd offense—$1,000 3rd offense—Formal action
Violations under 49 Pa. Code Chapter 19 Title/Description Civil Penalty Section 19.17 Broker or dealer business identity combined with other businesses 1st offense—$100 2nd offense—$500 Section 19.18(1) Dealer does not have permanent enclosed building 1st offense—$100 2nd offense—$500 Section 19.18(2) Dealership does not have private office 1st offense—$100 2nd offense—$500 Section 19.18(3)(i)(A) Dealer display area for five vehicles or 5,000 square feet 1st offense—$100 2nd offense—$500 Section 19.18(3)(ii) Display lot not graded and surfaced with required material 1st offense—$100 2nd offense—$500 Section 19.18(3)(iii) Display area separated from adjacent parking area 1st offense—$100 2nd offense—$500 Section 19.18(3)(iv) Display area lighted if open evenings 1st offense—$100 2nd offense—$500 Section 19.18(5) Dealer fails to maintain separate telephone line 1st offense—$100 2nd offense—$500 Section 19.18(6) Business sign not permanent or visible to the public 1st offense—$100 2nd offense—$500 Section 19.18(7) Dealership in violation of land use ordinances 1st offense—$100 2nd offense—$500 Section 19.18(9) Failure to post business hours 1st offense—$100 2nd offense—$500
Authority The provisions of this § 43b.9 amended under the act of July 2, 1993 (P.L. 345, No. 48).
Source The provisions of this § 43b.9 amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673; amended March 6, 2020, effective March 7, 2020, 50 Pa.B. 1354. Immediately preceding text appears at serial pages (365036) to (365039).
§ 43b.10. [Reserved].
Source The provisions of this § 43b.10 adopted November 27, 1998, effective November 28, 1998, 28 Pa.B. 5883; reserved March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227. Immediately preceding text appears at serial pages (250712) to (250714).
§ 43b.10a. Schedule of civil penalties—accountants.
STATE BOARD OF ACCOUNTANCY
Violation under 63 P.S. Title/Description Civil Penalty Section 9.8b(b) Failure to complete 80 hours of acceptable continuing professional education during reporting period 1st offense—1 to 20 hour deficiency—$300; 21 to 40 hour deficiency—$600;
41 to 60 hour deficiency—$800;
61 to 80 hour
deficiency—$1,0002
2nd or subsequent offense—formal actionSection 9.12(a) Unlawful use of “certified public accountant,” “CPA” or similar representation by person who has not received a CPA certificate or whose certificate is revoked or suspended 1st offense—$1,0001
2nd or subsequent offense—formal actionSection 9.12(c) Unlawful use of “certified public accountant,” “public accountant,” “CPA,” “PA” or similar representation by a firm never licensed 1st offense—$1,0001
2nd or subsequent offense—formal actionSection 9.12(j) Unlawful use of “public accountant,” “PA” or similar representation by person who has not received a
PA registration or CPA certificate1st offense—$1,0001
2nd or subsequent offense—formal actionSection 9.12(o) Unlawful representation of membership in professional society, association or organization of CPAs or PAs by person not credentialed as CPA or PA or firm not licensed 1st offense—$2501
2nd or subsequent offense—formal actionSection 9.12(q) Engaging in the practice of public accounting in this Commonwealth when the individual’s license is expired 1st offense—less than 6 months—$500;
6 months or more—formal action
2nd or subsequent offense—formal actionViolation under 49 Pa. Code Chapter 11 Section 11.62(b) Failure to complete 20 hours of acceptable continuing professional education during each year of reporting period 1st offense—$300
2nd or subsequent offense—formal actionSection 11.63(a)(1) Failure to complete 24 hours of acceptable continuing professional education in accounting and attest subjects during reporting period, if required 1st offense—$50 per hour deficient, not to
exceed $1,0002
2nd or subsequent offense—formal actionSection 11.63(a)(7) Failure to complete 4 hours of acceptable continuing professional education in professional ethics during reporting period 1st offense—$3002
2nd or subsequent offense—formal actionSection 11.67(b) Failure to timely submit documentation of continuing professional education during Board audit (assumes no other continuing education violation) 1st offense—$500
2nd or subsequent offense—formal action1 The first offense provision does not apply to a situation involving multiple occurrences or a pattern or practice of misconduct.
2 When there are violations of both 63 P.S. § 9.8b(b) and 49 Pa. Code § 11.63(a)(1) or (7) (relating to CPE subject areas; relevance to professional competence), a combined civil penalty will not be assessed for both sets of violations. The highest civil penalty will be assessed whether for the violation of 63 P.S. § 9.8b(b) or 49 Pa. Code § 11.63(a)(1) or (7).
Authority The provisions of this § 43b.10a amended under section 5(a) of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. § 2205(a)).
Source The provisions of this § 43b.10a adopted March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7275; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5948. Immediately preceding text appears at serial pages (364449) to (364451).
Cross References This section cited in 49 Pa. Code § 11.68a (relating to disciplinary action for failure to comply with CPE requirements).
§ 43b.11. [Reserved].
Source The provisions of this § 43b.11 adopted November 27, 1998, effective November 28, 1998, 28 Pa.B. 5883; reserved March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227. Immediately preceding text appears at serial pages (250714) to (250715).
§ 43b.11a. Schedule of civil penalties—architects.
STATE ARCHITECTS LICENSURE BOARD
Violation under 63 P. S. Violation under 49 Pa. Code Chapter 9 Title/Description Civil Penalty Section 34.12 N/A Anyone impressing an architect’s seal or knowingly permitting it to be impressed
on drawings, specifications or other design documents after the architect’s license has
been revoked, annulled or suspended.1st offense—$1,000
2nd offense—Formal actionSection 34.12 § 9.142(a) An architect whose license
has expired impressing the architect’s seal or knowingly permitting the architect’s seal to be impressed on drawings, specifications or other design documents after lapse or expiration of the license.0 to 6 months’ lapse—Warning
6 to 12 months’ lapse—$500
12 to 24 months’ lapse—$1,000
24 months’ or greater lapse—Formal actionSection 34.13(j) § 9.163 Engaging in the practice of architecture as a professional association, partnership, professional corporation, limited liability company, limited liability partnership or business corporation without first receiving the written approval of the Board. 0 to 6 months—Warning
6 to 12 months—$500
12 to 24 months—$1,000
Over 24 months—Formal actionSection 34.18(a) § 9.171 An individual engaging in
the practice of architecture or offering to engage in the practice of architecture in this Commonwealth, or using any title, sign, card or device implying that the individual is competent to engage in the practice of architecture without ever having obtained a license to practice architecture in this Commonwealth.1st offense—$1,000
2nd offense—Formal actionSection 34.18(a) § 9.103 An individual engaging in the practice of architecture or offering to engage in the practice of architecture in this Commonwealth, or using any title, sign, card or device implying that the individual is competent to engage in the practice of architecture during
a period when the individual’s license issued by the Board is lapsed or expired.0 to 6 months’ lapse—Warning
6 to 12 months’ lapse—$500
12 to 48 months’ lapse—$1,000
48 months’ or greater lapse—Formal action
Source The provisions of this § 43b.11a adopted March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833. Immediately preceding text appears at serial pages (274991) to (274992).
§ 43b.12. [Reserved].
Source The provisions of this § 43b.12 adopted November 27, 1998, effective November 28, 1998, 28 Pa.B. 5883; reserved March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227. Immediately preceding text appears at serial pages (250715) to (250718).
§ 43b.12a. Schedule of civil penalties—auctioneers, apprentice auctioneers and auction companies.
STATE BOARD OF AUCTIONEER EXAMINERS
Violation Under
63 P.S.Violations Under
Title 49
Chapter 1Description of Violation Penalties Sections 734.3(a), 734.5(e) and 734.20(a)(9) N/A Auctioneer or apprentice auctioneer operating on a
lapsed license in this Commonwealth.1st offense—$500
2nd offense—
$1,000
3rd offense—
formal actionSections 734.3(a) and 734.20(a)(9) N/A Engaging in unlicensed auctioneering activities in
this Commonwealth.1st offense—
$1,000
2nd offense—
formal actionSections 734.3(a) and 734.20(a)(9) N/A Operating as an unlicensed auction company in this Commonwealth. 1st offense—$500
2nd offense—
$1,000
3rd offense—
formal actionSections 734.3(a)(1), 734.5(e) and 734.20(a)(9) N/A Operating an auction company on a lapsed
license in this Commonwealth.1st offense—$500
2nd offense—
$1,000
3rd offense—
formal actionSection 734.20(a)(12) N/A Failure of an auctioneer to establish or maintain an escrow account. 1st offense—$500
2nd offense—
$1,000
3rd offense—
formal actionSections
734.21 and 734.20(a)(9)N/A Failure of an auctioneer to immediately deposit gross auction sale proceeds into
an escrow account.1st offense—$500
2nd offense—
$1,000
3rd offense—
formal actionSections 734.15.1 and 734.20(a)(9) N/A Failure of an auctioneer
to enter into a written contract with the owner or consignor of the property
to be sold at auction prior
to the auction sale.1st offense—$500
2nd offense—
$1,000
3rd offense—
formal actionSections 734.15.1 and 734.20(a)(9) N/A Failure of an auctioneer
to keep contracts on file
in the office of the auctioneer.1st offense—$500
2nd offense—
$1,000
3rd offense—
formal actionSections 734.16(b) and 734.20(a)(9) N/A Failure or refusal of an auctioneer to permit inspection of auction sale records at all reasonable times by BEI inspectors or investigators. 1st offense—$500
2nd offense—
$1,000
3rd offense—
formal actionSections 734.18(a) and 734.20(a)(9) N/A Failure of an auctioneer to display auctioneer license
in the auctioneer’s office.1st offense—$250
2nd offense—$500
3rd offense—
formal actionSections 734.18(b) and 734.20(a)(9) N/A Failure of an apprentice auctioneer to display the apprentice auctioneer
license in the apprentice auctioneer’s office.1st offense—$250
2nd offense—$500
3rd offense—
formal actionSection 734.20(a)(10) § 131(c)
and (d)Failure of a sponsor to
either directly supervise
the apprentice while the apprentice is conducting
an auction or to provide
for appropriate substitute supervision of the apprentice by a qualified auctioneer.1st offense—$500
2nd offense—
$1,000
3rd offense—
formal actionSection 734.20(a)(10) § 1.31(c)
and (e)Apprentice auctioneer conducting an auction sale without direct supervision
by either the sponsor or an authorized substitute sponsor.1st offense—$500
2nd offense—
$1,000
3rd offense—
formal action
Authority The provisions of this § 43b.12a amended under section 5(a) of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. § 2205(a)).
Source The provisions of this § 43b.12a adopted March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended March 6, 2020, effective March 7, 2020, 50 Pa.B. 1354. Immediately preceding text appears at serial pages (325203) to (325204) and (363523) to (363524).
§ 43b.13. [Reserved].
Source The provisions of this § 43b.13 adopted November 27, 1998, effective November 28, 1998, 28 Pa.B. 5883; reserved March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227. Immediately preceding text appears at serial page (250719).
§ 43b.13a. Schedule of civil penalties—engineers, land surveyors and geologists.
STATE REGISTRATION BOARD FOR PROFESSIONAL
ENGINEERS, LAND SURVEYORS AND GEOLOGISTS
Violation Under
63 P.S.Title/Description Penalties Section 150(a) Offering to practice engineering,
land surveying or geology in this Commonwealth by representing oneself as an engineer, land surveyor or geologist on sign, advertisement, letterhead or card, as construed by
63 P.S. § 150(b), without being licensed or registered1st offense—$1,000
2nd offense—formal actionSection 151.5(b) and (c) Failure to complete the required amount of continuing education First offense—$50 per hour of deficiency, not to exceed $1,000 Subsequent offense—
formal action
Violation Under
49 Pa. Code Chapter 37Title/Description Penalties Section 37.111(f) Failure to respond to continuing education audit request within
30 days or other time period in
audit requestFirst offense—$100
Second offense—$250
Third offense—$500
Subsequent offense—
formal actionSection 37.18(3) Practicing engineering, land surveying or geology in this Commonwealth after license and registration have lapsed (while
in compliance with continuing education requirements)One renewal cycle or less—$50 per month lapsed, not to exceed $1,000
More than one renewal cycle—
formal action
Authority The provisions of this § 43b.13a amended under section 5(a) of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. § 2205(a)).
Source The provisions of this § 43b.13a adopted March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended June 3, 2011, effective June 4, 2011, 41 Pa.B. 2853; amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5493; amended March 6, 2020, effective March 7, 2020, 50 Pa.B. 1354. Immediately preceding text appears at serial pages (363524) to (363525).
Cross References This section cited in 49 Pa. Code § 37.111 (relating to continuing education).
§ 43b.14. [Reserved].
Source The provisions of this § 43b.14 adopted November 27, 1998, effective November 28, 1998, 28 Pa.B. 5883; reserved March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227. Immediately preceding text appears at serial page (250720).
§ 43b.14a. Schedule of civil penalties—dentists, dental hygienists and expanded function dental assistants.
STATE BOARD OF DENTISTRY
Violation under
49 Pa. CodeTitle/Description Civil penalty § 33.105(c) Practicing on a lapsed license/certificate 1st offense—
Dentists—$100/month
Dental hygienists—
$50/month
Expanded function dental assistants—
$25/month
2nd offense—formal action
Authority The provisions of this § 43b.14a amended under section 5(a) of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. § 2205(a)).
Source The provisions of this § 43b.14a adopted March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended March 6, 2020, effective March 7, 2020, 50 Pa.B 1354. Immediately preceding text appears at serial page (363526).
§ 43b.15. Schedule of civil penalties—certified real estate appraisers—statement of policy.
STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS
Violation under
63 P. S.Title/Description Civil Penalty Section 457.3 Holding oneself out as a State-certified real estate appraiser
without current, valid appraiser certification1st offense—$500
2nd offense—formal actionSection 457.3 Performing real estate appraisal without current, valid appraiser certification 1st offense—$500
2nd offense—formal action
Section 457.13 Failing to report multiple certifications on biennial renewal application 1st offense—$100
2nd offense—$250Section 457.13 Failing to report disciplinary
action taken by another jurisdiction on the biennial renewal application or within 90 days of disposition, whichever is sooner1st offense—$500
2nd offense—$1,000Section 458.8 Performing valuation of real
property for ad valorem tax
purposes without current, valid Certified Pennsylvania Evaluator (CPE) certification1st offense—$500
2nd offense—formal action
Violation Under
49 Pa. Code
Chapter 36
Title/Description Civil Penalty Section
36.13(a)(3)(iii)
Failing to ensure that appraiser assistant signs appraisal document
as assistant to certified real estate appraiser1st offense—$250
2nd offense—$500Section 36.51 Failing to retain workfile for
period required under Uniform Standards of Professional
Appraisal Practice (USPAP)
Ethics Rule on recordkeeping1st offense—$250
2nd offense—$500
Section 36.51 Failing to identify type of
appraisal report under USPAP Standards Rule 2-21st offense—$250
2nd offense—$500Section 36.52 Failing to place name, signature, title and appraiser certification number on appraisal report or appraisal agreement 1st offense—$125
2nd offense—$250
Section 36.91(c) Practicing on an expired appraiser certification 1st offense
0—5 mos.—$250
6—12 mos.—$500
Over 12 mos.—formal action
2nd offense—formal action
Section 36.265 Failing to place name, signature, title and CPE certification
number on appraisal report1st offense—$125
2nd offense—$250Section 36.271(c) Practicing on expired CPE certification 1st offense
0—5 mos.—$250
6—12 mos.—$500
Over 12 mos.—formal action
2nd offense—formal action
Source The provisions of this § 43b.15 amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5809.
§ 43b.16. [Reserved].
Source The provisions of this § 43b.16 adopted October 22, 2004, effective October 23, 2004, 34 Pa.B. 5809; reserved November 19, 2010, effective November 20, 2010, 40 Pa.B. 6663. Immediately preceding text appears at serial page (325210).
§ 43b.16a. Schedule of civil penalties—audiologists and speech-lanaguage pathologists.
STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
Violation under Title/Description Civil Penalty 63 P. S.
§ 1706Practicing as an audiologist or speech-language pathologist
on a lapsed license0—12 months—$50 per month
Over 12 months—formal action
2nd offense—formal action
49 Pa. Code
§ 45.501Failure to complete 20 hours of approved continuing education during a biennial renewal period 1st offense—$100 per clock hour
2nd offense—formal action
Authority The provisions of this § 43b.16a amended under section 5 of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. § 2205).
Source The provisions of this § 43b.16a adopted November 19, 2010, effective November 20, 2010, 40 Pa.B. 6663; amended July 14, 2017, effective July 15, 2017, 47 Pa.B. 3814. Immediately preceding text appears at serial page (375002).
Cross References This section cited in 49 Pa. Code § 45.507 (relating to disciplinary action authorized).
§ 43b.17. Schedule of civil penalties—nursing home administrators—statement of policy.
STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
Violation under
63 P. S.Title/Description Civil Penalty Section 1114.1 Practicing nursing home administration on a lapsed
license0 to 12 months—$80 per month
Over 12 months—formal action
2nd offense—formal action
Source The provisions of this § 43b.17 adopted October 22, 2004, effective October 23, 2004, 34 Pa.B. 5809.
§ 43b.18. [Reserved].
Source The provisions of this § 43b.18 adopted October 22, 2004, effective October 23, 2004, 34 Pa.B. 5809; reserved July 3, 2008, effective July 5, 2008, 38 Pa.B. 3654. Immediately preceding text appears at serial page (325211).
§ 43b.18a. Schedule of civil penalties—nurses.
STATE BOARD OF NURSING
Violation under
63 P. S.Title/Description Civil Penalty Section 225.4 Practicing professional nursing on
a lapsed license1st offense—
0—12 mos.—
$100 per month up to $1,000
Over 12 months—
Formal action
2nd offense—
Formal actionSection 664(4) Practicing practical nursing on a lapsed license 1st offense—
0—12 mos.—
$75 per month;
Over 12 months—
Formal action
2nd offense—
Formal actionSection 225.4 Holding oneself out as a licensed dietitian-
nutritionist on a lapsed license1st offense—
0—12 months—
$100 per month up to $1,000
Over 12 months—
Formal action
2nd offense—
Formal actionSection 222(b) Failure to
complete 30
hours of approved continuing education1st offense—
Deficiency of 1—10 hours—$250
Deficiency of 11—20 hours—$500
Deficiency of 21—30 hours—$1,000
2nd offense—
Formal action
Source The provisions of this § 43b.18a adopted July 3, 2008, effective July 5, 2008, 38 Pa.B. 3654.
Cross References This section cited in 49 Pa. Code § 21.131 (relating to continuing education); and 49 Pa. Code § 21.823 (relating to CNS-level continuing education; waiver; sanctions).
§ 43b.19. Schedule of civil penalties—occupational therapists and occupational therapy assistants—statement of policy.
STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE
Violation under
63 P. S.Title/Description Civil Penalty Section 1506(a) License Required—Practicing or indicating the ability to practice occupational therapy by person never licensed 0 to 4 months—$50 per month
over 4 months to 8 months—$100 per month
9 months and over—$200 per month, up to total of $1,000
Section 1513(b) Use of title occupational therapist
or licensed occupational therapist
or the letters O.T./L., O.T.R./L., L./O.T. or L./O.T.R. by person never licensed or not holding a current license1st offense—$500
2nd offense—$1,000Section 1513(c) Use of words occupational therapy assistant or licensed occupational therapy assistant or the letters C.O.T.A./L., O.T.A./L., L./C.O.T.A. or L./O.T.A. by person never licensed or not holding a current license. 1st offense—$500
2nd offense—$1,000
Section 1515(a) Renewal of license—Practicing on
a lapsed license0 to 4 months—$50 per month
over 4 months to 8 months—$100 per month
9 months and over—$200 per month, up to total of $1,000
Source The provisions of this § 43b.19 adopted October 22, 2004, effective October 23, 2004, 34 Pa.B. 5809.
§ 43b.20. Schedule of civil penalties—physicians and other board regulated practitioners—statement of policy.
STATE BOARD OF MEDICINE
Violation under
40 P. S.Title/Description Civil Penalty 1303.903(1) Failure of physician to report to
the Board within 60 days of the occurrence of any of those events enumerated in Section 903(1) of
the Medical Care Availability and Reduction of Error (Mcare) Act.Each offense—$1,000
Source The provisions of this § 43b.20 adopted October 22, 2004, effective October 23, 2004, 34 Pa.B. 5809.
§ 43b.21. [Reserved].
Source The provisions of this § 43b.21 adopted June 8, 2007, effective June 9, 2007, 37 Pa.B. 2608; reserved November 19, 2010, effective November 20, 2010, 40 Pa.B. 6664. Immediately preceding text appears at serial page (352834).
§ 43b.21a. Schedule of civil penalties—veterinarians and certified veterinary technicians.
STATE BOARD OF VETERINARY MEDICINE
Violation under
63 P. S.Violation under
49 Pa. Code Chapter 31Title/Description Civil Penalty Sections 485.17 and 485.21(3) N/A Failure to display current license. Each offense—$100 Section 485.21(1) § 31.21
Principle 5(c)Improper advertising
of emergency services.First offense—$250
Second offense—$1,000
Subsequent offense—formal action
Sections 485.9(a) and 485.21(1) § 31.13 Practicing veterinary medicine on an
expired license.0—6 months—warning
7—12 months—$500
13—24 months—$750
25—30 months—$1,000
More than 30 months—formal actionSection 485.21(1) § 31.36 Practicing veterinary technology on an expired certificate. 0—6 months—warning
7—12 months—$250
13—24 months—$500
25—30 months $750
More than 30 months—formal actionSection 485.18 § 31.15 Failure of veterinarian to complete required continuing education during the preceding biennial renewal
period, which is corrected within 6 months.First offense—$150 per credit hour
Second offense—formal actionSection 485.18 § 31.36(a) Failure of certified veterinary technician
to complete required continuing education during the preceding biennial renewal period, which is corrected within 6 months.First offense—$25 per credit hour
Second offense—formal actionSection 485.21(1) § 31.21
Principle 8(d)Improper labeling of dispensed drugs. First offense—$500
Second offense—$1,000
Subsequent offense—formal action
Section 485.21(1) § 31.21
Principle 8(c)Improper packaging
of dispensed drugs.First offense—$500
Second offense—$1,000
Subsequent offense—formal action
Source The provisions of this § 43b.21a adopted November 19, 2010, effective November 20, 2010, 40 Pa.B. 6664.
§ 43b.22. Schedule of civil penalties—chiropractors.
STATE BOARD OF CHIROPRACTIC
Violation Under 63 P. S. Title/Description Penalties Section 625.507(a) Failure to timely complete the required amount of continuing education First offense—$50 per hour of deficiency, not to exceed $1,000
Subsequent offense—formal action
Violation Under 49 Pa. Code Chapter 5 Title/Description Penalties Section 5.17(g) Practice on a lapsed license in compliance with continuing education and malpractice insurance requirements—first offense Less than 6 months—$250
6 months to 12 months—$500
12 months to 24 months—$1,000
Source The provisions of this § 43b.22 adopted June 3, 2011, effective June 4, 2011, 41 Pa.B. 2856.
Cross References This section cited in 49 Pa. Code § 5.77 (relating to failure to meet continuing education requirements).
§ 43b.23. [Reserved].
Source The provisions of this § 43b.23 adopted September 24, 2010, effective September 25, 2010, 40 Pa.B. 5478; reserved November 18, 2016, effective November 19, 2016, 46 Pa.B. 7274. Immediately preceding text appears at serial pages (356928) and (369755) to (369756).
§ 43b.23a. Schedule of civil penalties—massage therapists.
STATE BOARD OF MASSAGE THERAPY
Violation under
63 P.S.Violation under
49 Pa. CodeTitle/Description Civil Penalty Section 20.42(a)(14) Failure to display current license or
wallet card.1st offense—$250
2nd and subsequent offenses—$500Section 20.42(a)(15) Failure to include massage therapy
license number in advertisements.1st offense—$250
2nd and subsequent offenses—$500
Section 20.42(a)(16) Failure to display
name and title.1st offense—$250
2nd and subsequent offenses—$500Section 627.6(b)(1)(i) Failure to hold current certification to administer CPR. 1st offense—$250
2nd offense—$500
Subsequent offense—formal actionSections 627.6(b)(1)(ii) and 627.4(6) Section
20.32(a)Failure to complete
24 hours of continuing education courses approved by the Board during the 24 months preceding license renewal.1st offense—$100 per credit hour up to 10 credit hours
More than 10 credit hours—formal action
2nd and subsequent offenses—formal action
Section 627.14(a) Holding oneself out
as a massage therapist or practicing massage therapy while unlicensed.1st offense—$1,000
2nd and subsequent offenses—formal action
Section 627.14(c) Employing an individual in massage therapy who is not licensed. 1st offense—$1,000
2nd and subsequent offenses—formal actionSection 627.14(d) A business utilizing
the words massage, massage therapist, massage practitioner, masseur, masseuse, myotherapist or any derivative of these terms or abbreviations, unless the services of the business are provided by licensees.1st offense—$500
2nd and subsequent offenses—formal action
Section 627.14(e) Section 20.31(b)
and (i)Practicing massage therapy on an expired or inactive license. 1st offense—12 months or less—$250
More than 12 months but no more than 18 months—$500
More than 18 months but no more than 24 months—$1,000
More than 24 months—formal action
2nd offense—12 months or less—
$500
More than 12 months but no more than 18 months—$1,000
More than 18 months—formal action
Subsequent offenses—formal action
Source The provisions of this § 43b.23a adopted November 18, 2016, effective November 19, 2016, 46 Pa.B. 7274.
Cross References This section cited in 49 Pa. Code § 20.34 (relating to penalty for failure to complete continuing education).
§ 43b.24. Schedule of civil penalties—social workers, marriage and family therapists and professional counselors.
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND
PROFESSIONAL COUNSELORS
Violation
under 63 P. S.Title/Description Penalties Sections 1904
and 1916Holding oneself out as a licensed social worker, using the letters L.S.W. in connection with one’s name or using words or symbols indicating or tending to indicate
that one is a licensed social worker without first having obtained a license from the Board1st offense—$500
2nd and subsequent offenses—formal actionSections 1904
and 1916.1Holding oneself out as a licensed clinical social worker, using the letters L.C.S.W. in connection
with one’s name or using words
or symbols indicating or tending to indicate that one is a licensed clinical social worker without first having obtained a license from the Board1st offense—$500
2nd and subsequent offenses—formal action
Sections 1904
and 1916.2Holding oneself out as a licensed marriage and family therapist,
using the letters L.M.F.T. in connection with one’s name or using words or symbols indicating or tending to indicate that one is a licensed marriage and family therapist without first having obtained a license from the Board1st offense—$500
2nd and subsequent offenses—formal actionSections 1904 and 1916.3 Holding oneself out as a licensed professional counselor, using the letters L.P.C. in connection with one’s name or using words or symbols indicating or tending to indicate that one is a licensed professional counselor without first having obtained a license from the Board 1st offense—$500
2nd and subsequent offenses—formal actionSection 1920(a) Holding oneself out as a licensed social worker, licensed clinical social worker, licensed marriage
and family therapist or licensed professional counselor on a lapsed or expired license1st offense—0 to 12 months—$100 per month up to $1,000; over 12 months—formal action
2nd and subsequent offense—formal actionSection 1920(a.1) Holding oneself out as a social worker, using the title of ‘‘social worker’’ or using the abbreviation ‘‘S.W.’’ without meeting the
criteria in the definition of ‘‘social worker’’ in 63 P. S. § 19031st offense—$500
2nd and subsequent offenses—formal action
Violation
under 49 Pa. CodeTitle/Description Penalties Section 47.32(a) Failure of a licensed social worker to complete 30 clock hours of continuing education in acceptable courses and programs in social work offered by approved
providers during the preceding biennium as a condition of
renewal, including at least 3
clock hours in ethical issues1st offense—less than 3 hours deficient—warning; 3 to 10 hours deficient—$100 per hour; over 10 hours deficient—formal action
2nd and subsequent offenses—formal actionSection 47.32(b) Failure of a licensed clinical social worker to complete 30 clock hours of continuing education in acceptable courses and programs
in social work offered by approved providers during the preceding biennium as a condition of
renewal, including at least 3
clock hours in ethical issues1st offense—less than 3 hours deficient—warning; 3 to 10 hours deficient—$100 per hour; over 10 hours deficient—formal action
2nd and subsequent offenses—formal actionSection 48.32 Failure of a licensed marriage
and family therapist to complete
30 clock hours of continuing education in acceptable courses
and programs offered by approved providers during the preceding biennium as a condition of
renewal, including at least 3
clock hours in ethical issues1st offense—less than 3 hours deficient—warning; 3 to 10 hours deficient—$100 per hour; over 10 hours deficient—formal action
2nd and subsequent offenses—formal actionSection 49.32 Failure of a licensed professional counselor to complete 30 clock hours of continuing education in acceptable courses and programs offered by approved providers during the preceding biennium as
a condition of renewal, including
at least 3 clock hours in ethical issues1st offense—less than 3 hours deficient—warning; 3 to 10 hours deficient—$100 per hour; over 10 hours deficient—formal action
2nd and subsequent offenses—formal action
Source The provisions of this § 43b.24 adopted December 13, 2013, effective December 14, 2013, 43 Pa.B. 7279.
Cross References This section cited in 49 Pa. Code § 23.82 (relating to continuing education hour requirements; continuing education reporting; audit and enforcement).
§ 43b.25. Schedule of civil penalties—optometrists.
STATE BOARD OF OPTOMETRY
Violation under
63 P. S.Title/Description Civil Penalty Section 244.8(d) Practicing or offering to practice optometry by person whose license is expired. 1st offense—less than 5 months—$250; 5 months to 8 months—$500;
over 8 months to 12 months—$1,000; over 12 months—formal action
2nd offense—less than 6 months—$500; 6 months to 12 months—$1,000; over 12 months—formal action
3rd or subsequent offense—formal action
Violation under
49 Pa. CodeTitle/Description Civil Penalty § 23.82(a) Failure to complete required hours of continuing education during the 2 years preceding renewal or reactivation. 1st offense—20 or fewer hours of deficiency—$50 per hour; more than 20 hours of deficiency—formal action
2nd offense—10 or fewer hours of deficiency—$100 per hour; more than 10 hours of deficiency—formal action
3rd or subsequent offense—formal action
Source The provisions of this § 43b.25 adopted June 26, 2015, effective June 27, 2015, 45 Pa.B. 3360.
§ 43b.26. Schedule of civil penalties—physical therapists and physical therapist assistants.
STATE BOARD OF PHYSICAL THERAPY
Violation under
49 Pa. CodeTitle/Description Penalties Section 40.20(b) Practicing physical therapy after failing
to renew but before reactivation of license (in compliance with continuing education requirements)One biennial renewal cycle or less—
$50 per month lapsed, not to exceed $1,000
More than one biennial renewal cycle—formal actionSection 40.67(a) Failure of licensed physical therapist to complete the required amount of
continuing education1st offense—$25 per hour of deficiency, not to exceed $1,000
2nd offense—deficient 20 hours or less—$50 per hour of deficiency not to exceed $1,000
2nd offense—deficient more than 20 hours—formal action
3rd offense—deficient 10 hours or less—$100 per hour of deficiency not to exceed $1,000
3rd offense—deficient more than 10 hours—formal action
Subsequent offenses—formal actionSection 40.67(b)(3) Failure of licensed physical therapist to respond to continuing education audit
request within 30 days, or other time period set forth in audit request that notifies the licensee that failure to respond is subject
to discipline1st offense—$100
2nd offense—$250
3rd offense—$500
Subsequent offenses—formal actionSection 40.191(j) Providing services as
a physical therapist assistant after failing to renew but before reactivation of certification (in compliance with continuing education requirements)One biennial renewal cycle or less—
$50 per month lapsed, not to exceed $1,000
More than one biennial renewal cycle—formal actionSection 40.192(a) Failure of certified physical therapist
assistant to complete the required amount
of continuing education1st offense—$25 per hour of deficiency, not to exceed $1,000
2nd offense—deficient 20 hours or less—$50 per hour of deficiency, not to exceed $1,000
2nd offense—deficient more than 20 hours—formal action
3rd offense—deficient 10 hours or less—$100 per hour of deficiency, not to exceed $1,000
3rd offense—deficient more than 10 hours—formal action
Subsequent offenses—formal actionSection 40.192(b)(3) Failure of certified physical therapist
assistant to respond
to continuing education audit request within 30 days, or other time period set forth in audit request that notifies the physical therapist assistant that failure
to respond is subject to discipline1st offense—$100
2nd offense—$250
3rd offense—$500
Subsequent offenses—formal action
Source The provisions of this § 43b.26 adopted October 21, 2016, effective October 22, 2016, 46 Pa.B. 6643.
Cross References This section cited in 49 Pa. Code § 40.67 (relating to continuing education for licensed physical therapist); and 49 Pa. Code § 40.192 (relating to continuing education for certified physical therapist assistant).
§ 43b.27. Schedule of civil penalties—podiatrists.
STATE BOARD OF PODIATRY
Violation Under
63 P.S.Violation Under
49 Pa. CodeTitle/Description Civil Penalty Section
42.12Section
29.14(a)Practicing or offering
to practice podiatry by a person whose license is expired1st offense—$50 per month, or portion of a month, not to exceed $1,000; over 20 months—formal action
2nd offense—$100 per month, or portion of a month, not to exceed $1,000; over 10 months—formal action
Subsequent offenses—
formal actionSection
42.9aSection
29.61(a)Failure to complete
required hours of
continuing education
during the 2 years
preceding renewal1st offense—$50 per hour of deficiency, not to exceed $1,000; over 20 hours—
formal action
2nd offense—$100 per hour of deficiency, not to exceed $1,000; over 10 hours—
formal action
Subsequent offenses—
formal action
Source The provisions of this § 43b.27 adopted September 29, 2017, effective September 30, 2017, 47 Pa.B. 6051.
§ 43b.28. Schedule of civil penalties—crane operators.
STATE BOARD OF CRANE OPERATORS
Violation
under
63 P.S.Violation
under
49 Pa. CodeTitle/Description Penalties Section
2400.501(a)§ 6.41(a) Operating a crane without a license, provided that no
bodily injury or property damage
was involved.1st Offense—$750
Subsequent offenses—
formal actionSection
2400.501(b)§ 6.43(a) Employing, allowing, directing, retaining or hiring an unlicensed individual or independent
contractor to operate
a crane, provided that no bodily injury or property damage was involved.1st Offense—$1,000
Subsequent offenses—
formal actionSection
2400.501(e)§ 6.41(a) Holding oneself out
as being able to
operate a crane or
using the title
‘‘licensed crane operator’’ or the abbreviation ‘‘L.C.O.’’ without a license or after a crane operator’s license has lapsed or expired.1st Offense—$500
2nd Offense—$750
Subsequent offenses—
formal action§ 6.31(a) Operating a crane on
a lapsed or expired (unregistered) license, provided that no
bodily injury or property damage
was involved.1st Offense—Up to 24 months, $50 per month not to exceed $1,000; over 24 months—formal action
2nd Offense—Up to 12 months, $100 per month not to exceed $1,000; over 12 months—formal action
Subsequent offenses—
formal action
§ 6.42(f) Failing to notify the Board in writing
within 10 days of
the institution of criminal proceedings
in a court case against the crane operator.1st Offense—$750
Subsequent offenses—
formal actionSection 2400.502(b) § 6.32(a)(2) Failing to maintain certification or to submit evidence of renewal of certification before the expiration date of certification. 1st offense—$1,000
Subsequent offenses—
formal action
Authority The provisions of this § 43b.28 added under 63 Pa.C.S. § 3108(a)(1).
Source The provisions of this § 43b.28 added December 3, 2021, effective December 4, 2021, 51 Pa.B. 7465.
Subchapter B. EXPUNGEMENT
Sec.
43b.101. Definitions.
43b.102. Expungement of disciplinary records.
43b.103. Application for expungement.
Authority The provisions of this Subchapter B issued under the act of February 15, 2018 (P.L. 14, No. 6); and sections 506 and 810(a)(7) of The Administrative Code of 1929 (71 P.S. § § 186 and 279.1(a)(7)), unless otherwise noted.
Source The provisions of this Subchapter B adopted September 27, 2019, effective September 28, 2019, 49 Pa.B. 5572, unless otherwise noted.
§ 43b.101. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Expunge or expungement—Removal of a disciplinary record from a licensee’s record accomplished by (1) permanently sealing the affected record from public access; (2) deeming the disciplinary proceedings to which the affected record refers as not having occurred; and (3) except with respect to any subsequent application for expungement, affording the licensee the right to represent that no record exists regarding the subject matter of the affected record.
Licensee—Any person holding a license, registration, certificate or permit issued by a licensing board or commission under the Bureau.§ 43b.102. Expungement of disciplinary records.
(a) Eligibility. The following disciplinary records are eligible for expungement:
(1) Discipline imposed for a violation involving failure to complete continuing education requirements.
(2) Discipline imposed for a violation involving practicing for 6 months or less on a lapsed or expired license, registration, certificate or permit.
(b) Prohibition. The Commissioner will not expunge disciplinary records for any violation other than those listed in subsection (a).
(c) Criteria for expungement of an eligible disciplinary record. The Commissioner will expunge an eligible disciplinary record if the following criteria are met:
(1) The disciplinary record must be the licensee’s only disciplinary record with a licensing board or commission under the Commissioner’s jurisdiction.
(2) The licensee may not be the subject of an active investigation related to professional or occupational conduct.
(3) The licensee may not be in a current disciplinary status, such as revoked, suspended or on probation.
(4) Any fees or fines, including civil penalties and costs imposed in a disciplinary proceeding, assessed against the licensee must be paid in full.
(5) The licensee may not have had a disciplinary record previously expunged by the Commissioner.
§ 43b.103. Application for expungement.
(a) A licensee may apply for expungement in accordance with this subchapter in the manner and format prescribed by the Commissioner.
(b) A licensee may apply for expungement not earlier than 4 years from the final disposition of the disciplinary record.
(c) A licensee applying for expungement shall pay the fee set forth in § 43b.201 (relating to fees for services) for expungement of a disciplinary record.
Subchapter C. FEES
Sec.
43b.201. Fees for services.
Authority The provisions of this Subchapter C issued under the act of February 15, 2018 (P.L. 14, No. 6; and sections 506 and 810(a)(7) of The Administrative Code of 1929 (71 P.S. § § 186 and 279.1(a)(7)), unless otherwise noted.
Source The provisions of this Subchapter C adopted September 27, 2019, effective September 28, 2019, 49 Pa.B. 5572, unless otherwise noted.
§ 43b.201. Fees for services.
The following fees are charged for services provided by the Commissioner/Bureau:
Expungement of a disciplinary record…$155
Petition for a preliminary determination…$45
Authority The provisions of this § 43b.201 amended under 63 Pa.C.S. § 3117; sections 506 and 810(a)(7) and (8) of The Administrative Code of 1929 (71 P.S. § § 186 and 279.1(a)(7) and (8)); and 63 Pa.C.S. § 3117.
Source The provisions of this § 43b.201 amended October 18, 2024, effective October 19, 2024, 54 Pa.B. 6570. Immediately preceding text appears at serial page (407634).
Cross References This section cited in 49 Pa. Code § 43b.103 (relating to application for expungement); 49 Pa. Code § 43b.403 (relating to preliminary determinations); and 49 Pa. Code § 43b.403 (relating to preliminary determinations).
Subchapter D. PRACTICE AND PROCEDURE
Sec.
43b.301. Applicability of general rules of practice and procedure.
43b.302. Representation in formal proceedings.
Authority The provisions of this Subchapter D added under 63 Pa.C.S. § 3105(b), unless otherwise noted.
Source The provisions of this Subchapter D added December 24, 2021, effective December 25, 2021, 51 Pa.B. 7984, unless otherwise noted.
§ 43b.301. Applicability of general rules of practice and procedure.
(a) Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) is applicable to the activities of and formal proceedings before the licensing boards and commissions under the Bureau insofar as it is not inconsistent with this chapter.
(b) Subsection (a) supplements 1 Pa. Code § 31.1.
§ 43b.302. Representation in formal proceedings.
(a) General rule. In formal proceedings before the licensing boards and commissions under the Bureau, an individual may appear on their own behalf or may be represented by an attorney as provided under 1 Pa. Code § 31.22 (relating to appearance by attorney). A partnership, corporation, limited liability company, trust, association, agency or political subdivision may be represented in formal proceedings by an attorney as provided by 1 Pa. Code § 31.22 or may be represented in formal proceedings by a non-attorney as provided in subsection (b).
(b) Non-attorney representation authorized. Non-attorney representation of partnerships, corporations, limited liability companies, trusts, associations, agencies or political subdivisions in formal proceedings before the licensing boards and commissions is permitted as follows:
(1) A general partner of a partnership may represent the partnership.
(2) A bona fide officer or director of a for profit or not-for-profit corporation may represent the corporation.
(3) A manager of a manager-managed limited liability company or a member of a member-managed limited liability company may represent the limited liability company.
(4) A trustee of a trust may represent the trust.
(5) A member or other authorized representative of any other type of association may represent the association.
(6) An officer or employee of an agency or political subdivision may represent the agency or political subdivision, provided the rules and policies of that agency or subdivision allow the representation.
(c) Applicability of the General Rules of Administrative Practice and Procedure. Subsections (a) and (b) supersede 1 Pa. Code § § 31.21 and 31.23 (relating to appearance in person; and other representation prohibited at hearings) regarding representation of partnerships, corporations, limited liability companies, trusts, associations, agencies or political subdivisions in formal proceedings before the licensing boards and commissions under the Bureau.
Subchapter E. CONSIDERATION OF CRIMINAL CONVICTIONS
GENERAL PROVISIONS Sec.
43b.401. Scope.
43b.402. Definitions.
43b.403. Preliminary determinations.
43b.404. Consideration of criminal convictions.
43b.405. Restricted licenses for barbers and cosmetologists.
SCHEDULES OF CRIMINAL CONVICTIONS
43b.421. Schedule of sexual offenses.
43b.422. Crimes of violence.
43b.423. Schedule of criminal convictions—State Board of Accountancy.
43b.424. Schedule of criminal convictions—State Architects Licensure Board.
43b.425. Schedule of criminal convictions—State Board of Auctioneer Examiners.
43b.426. Schedule of criminal convictions—State Board of Barber Examiners.
43b.427. Schedule of criminal convictions—State Board of Certified Real Estate Appraisers.
43b.428. Schedule of criminal convictions—State Board of Chiropractic.
43b.429. Schedule of criminal convictions—State Board of Cosmetology.
43b.430. Schedule of criminal convictions—State Board of Crane Operators.
43b.431. Schedule of criminal convictions—State Board of Dentistry.
43b.432. Schedule of criminal convictions—State Registration Board for Professional Engineers, Land Surveyors and Geologists.
43b.433. Schedule of criminal convictions—State Board of Funeral Directors.
43b.434. Schedule of criminal convictions—State Board of Landscape Architects.
43b.435. Schedule of criminal convictions—State Board of Massage Therapy.
43b.436. Schedule of criminal convictions—State Board of Medicine.
43b.437. Schedule of criminal convictions—Navigation Commission for the Delaware River and its Navigable Tributaries.
43b.438. Schedule of criminal convictions—State Board of Nursing.
43b.439. Schedule of criminal convictions—State Board of Examiners of Nursing Home Administrators.
43b.440. Schedule of criminal convictions—State Board of Occupational Therapy Education and Licensure.
43b.441. Schedule of criminal convictions—State Board of Optometry.
43b.442. Schedule of criminal convictions—State Board of Osteopathic Medicine.
43b.443. Schedule of criminal convictions—State Board of Pharmacy.
43b.444. Schedule of criminal convictions—State Board of Physical Therapy.
43b.445. Schedule of criminal convictions—State Board of Podiatry.
43b.446. Schedule of criminal convictions—State Board of Psychology.
43b.447. Schedule of criminal convictions—State Real Estate Commission.
43b.448. Schedule of criminal convictions—State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
43b.449. Schedule of criminal convictions—State Board of Examiners in Speech-Language Pathology and Audiology.
43b.450. Schedule of criminal convictions—State Board of Vehicle Manufacturers, Dealers and Salespersons.
43b.451. Schedule of criminal convictions—State Board of Veterinary Medicine.
43b.452. Time limits.
Authority The provisions of this Subchapter E added under 63 Pa.C.S. § 3117; and sections 506 and 810(a)(7) and (8) of The Administrative Code of 1929 (71 P.S. § § 186 and 279.1(a)(7) and (8)), unless otherwise noted.
Source The provisions of this Subchapter E added October 18, 2024, effective October 19, 2024, 54 Pa.B. 6570, unless otherwise noted.
GENERAL PROVISIONS
§ 43b.401. Scope.
This subchapter applies to all licensing boards and licensing commissions within the Department of State’s Bureau of Professional and Occupational Affairs.
§ 43b.402. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Bureau—The Bureau of Professional and Occupational Affairs within the Department of State of the Commonwealth.
Directly relates—The nature of the criminal conduct for which the individual was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the profession or occupation for which the individual seeks a license, certificate, registration or permit.
Drug trafficking offense—A violation of section 13(a)(14), (30) or (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(14), (30) and (37)), if the controlled substance or a mixture containing the controlled substance meets the quantity or weight limitations set forth within the definition of ‘‘drug trafficking offense’’ at 63 Pa.C.S. § 3113(i) (relating to consideration of criminal convictions).
Healing arts—The science and skill of diagnosis or treatment in any manner whatsoever of disease or any ailment of the human body.
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 any of the following licensing boards within the Bureau:(1) The State Board of Chiropractic.
(2) The State Board of Dentistry.
(3) The State Board of Examiners in Speech-Language Pathology and Audiology.
(4) The State Board of Medicine.
(5) The State Board of Nursing.
(6) The State Board of Occupational Therapy Education and Licensure.
(7) The State Board of Optometry.
(8) The State Board of Osteopathic Medicine.
(9) The State Board of Pharmacy.
(10) The State Board of Physical Therapy.
(11) The State Board of Podiatry.
(12) The State Board of Psychology.
(13) The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, pertaining only to licensed clinical social workers, licensed marriage and family therapists and licensed professional counselors.
Preliminary determination—An evaluation of an individual’s criminal history information submitted to a professional or occupational licensing board or commission to determine whether the individual’s criminal conviction or convictions directly relate to the profession or occupation for which the individual is seeking a license, certificate, permit or registration, or would otherwise be grounds to refuse to issue a license, certificate, permit or registration as set forth in 63 Pa.C.S. § 3113(d), (e) or (f).§ 43b.403. Preliminary determinations.
(a) An individual who, based on a review of the ‘‘best practices guide’’ published on the Department’s web site at www.dos.pa.gov and the schedules of criminal convictions at § § 43b.421—43b.452 (relating to schedules of criminal convictions), is unable to determine whether the individual’s criminal history would be grounds to deny the issuance of a license, certificate, permit or registration may request a preliminary determination by:
(1) Filing an application for a preliminary determination in the format and manner prescribed by the Commissioner.
(2) Providing all relevant information relating to the individual’s criminal conviction or convictions, including criminal court documents, such as the criminal complaint or information, affidavit of probable cause, sentencing information and docket sheets that evidence the final disposition of the matter.
(3) Doing one of the following:
(i) Paying the preliminary determination application fee in § 43b.201 (relating to fees for services).
(ii) Qualifying for a waiver of the fee by requesting and establishing in forma pauperis status by demonstrating that the individual is indigent or otherwise unable to pay the required fee. An applicant may qualify for a waiver by demonstrating one of the following as part of the application for a preliminary determination:
(A) The applicant receives means-tested public assistance.
(B) The applicant’s household income is at or below 200% of the Federal poverty guidelines.
(b) The applicable licensing board or commission will issue the preliminary determination within 45 days of submission of the application.
§ 43b.404. Consideration of criminal convictions.
(a) General rule. Except as provided in subsections (b), (c) or (d), when determining whether an individual with a criminal conviction qualifies for a license, certificate, permit or registration, a licensing board or commission within the Bureau will engage in a two-stage analysis of an applicant’s criminal conviction, as follows:
(1) First stage. The applicable board or commission will determine whether the individual’s criminal conviction directly relates to the profession or occupation for which the individual seeks licensure by reviewing the schedules in § § 43b.421—43b.452 (relating to schedules of criminal convictions).
(2) Second stage—individualized assessment. The following apply:
(i) If the individual’s criminal conviction is on the applicable board’s or commission’s schedule, there shall be a rebuttable presumption that licensure, certification, permitting or registration 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. The individual may rebut that presumption using the factors in paragraph (3). The applicable board or commission will conduct an individualized assessment using the factors in paragraph (3) to determine if a license, certificate, permit or registration may be granted notwithstanding the conviction.
(ii) If the individual’s criminal conviction is not on the applicable board’s or commission’s schedule, the board or commission will then determine whether, due to the nature of the criminal conviction, the licensure, certification, permitting or registration 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. If so, the board or commission will conduct an individualized assessment using the factors set forth in paragraph (3). The individual may rebut the board’s or commission’s determination by showing evidence of rehabilitation as specified in the factors in paragraph (3).
(3) Assessment factors. A board or commission within the Bureau will consider the following factors in determining whether an individual with a criminal conviction qualifies for issuance of a license, certificate, permit or registration:
(i) Whether the criminal conduct for which the individual was convicted involved an act or threat of harm against the individual, including harm to the victim, the personal property of the victim or the reputation of the victim.
(ii) The facts and circumstances surrounding the criminal conviction.
(iii) The number of criminal convictions.
(iv) An increase in age or maturity of the individual since the date of the criminal conviction.
(v) The individual’s criminal history, or lack of criminal history, after the date of the conviction.
(vi) Evidence of successful completion of education and training activities, including those in a county correctional facility, a facility under the Department of Corrections or a comparable facility in another jurisdiction.
(vii) References from employers or others, including personnel of the county correctional facility, a facility under the Department of Corrections or a comparable facility in another jurisdiction.
(viii) Evidence of progress in personal rehabilitation since the conviction.
(ix) Whether the individual meets all other licensing qualifications of the applicable practice act, including any examination requirements.
(x) 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.
(xi) Other relevant factors regarding the fitness of the individual for licensure.
(b) Sexual offenses. Under 63 Pa.C.S. § 3113(d) (relating to consideration of criminal convictions), a licensing board within the Bureau may not issue a license, certificate, permit or registration or otherwise allow an individual to practice as a health care practitioner if the individual has been convicted of a sexual offense as set forth in § 43b.421 (relating to schedule of sexual offenses).
(c) Crimes of violence. Under 63 Pa.C.S. § 3113(e), an individual convicted of a crime of violence set forth in § 43b.422 (relating to crimes of violence) may be granted a license, certificate, permit or registration by a licensing board or commission within the Bureau if all of the following apply:
(1) If the individual was incarcerated, at least 3 years have elapsed since release from incarceration. This 3-year period will be tolled for a violation of parole.
(2) If the individual is serving or has served a sentence other than a period of confinement in a State or county correctional facility, at least 3 years have elapsed since imposition of sentence.
(3) The individual has remained conviction-free during the relevant 3-year period specified in paragraph (1) or (2), as applicable.
(4) The individual demonstrates significant rehabilitation since the criminal conviction.
(5) The licensing board or commission determines, using the factors in subsection (a)(3), except subsection (a)(3)(viii), that issuance of a license, certificate, permit or registration to 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.
(d) Drug trafficking offenses.
(1) The boards listed in paragraph (2) may not grant a license, certificate, permit or registration to an individual convicted of a drug trafficking offense unless:
(i) At least 10 years have elapsed from the date of conviction.
(ii) The individual satisfactorily demonstrates to the applicable board, utilizing the factors in subsection (a)(3), that the individual has made significant progress in personal rehabilitation since the conviction such that issuance of a license, certificate, permit or registration to the individual should not be expected to create a substantial risk to the health and safety of the individual’s clients or patients or the public or a substantial risk of further criminal convictions.
(iii) The individual otherwise satisfies the qualifications for the license, certificate, permit or registration sought.
(2) This subsection applies to the following licensing boards within the Bureau:
(i) The State Board of Chiropractic under section 501(a) of the Chiropractic Practice Act (63 P.S. § 625.501(a)), pertaining to requirements for licensure as a chiropractor.
(ii) The State Board of Crane Operators under section 502(c) of the Crane Operator Licensure Act (63 P.S. § 2400.502(c)), pertaining to qualifications for licensure as a crane operator.
(iii) The State Board of Dentistry under section 3(c) of the Dental Law (63 P.S. § 122(c)), pertaining to qualifications for licensure as a dentist.
(iv) The State Board of Massage Therapy under section 5(a) of the Massage Therapy Law (63 P.S. § 627.5(a)), pertaining to qualifications for licensure as a massage therapist.
(v) The State Board of Medicine under sections 13.5(a)(8) and 22(b) of the Medical Practice Act of 1985 (63 P.S. § § 422.13e(a)(8) and 422.22(b)), pertaining to qualifications for licensure as a prosthetist, orthotists, pedorthist, orthotic fitter, physician, midwife or physician assistant.
(vi) The State Board of Nursing under section 6(c) of the Professional Nursing Law (63 P.S. § 216(c)), pertaining to qualifications for licensure as a registered nurse or dietitian-nutritionist, and section 5 of the Practical Nurse Law (63 P.S. § 655), pertaining to qualifications for licensure as a practical nurse.
(vii) The State Board of Optometry under section 4(d) of the Optometric Practice and Licensure Act (63 P.S. § 244.4(d)), pertaining to general qualifications for licensure as an optometrist.
(viii) The State Board of Osteopathic Medicine under section 6(c) of the Osteopathic Medical Practice Act (63 P.S. § 271.6(c)), pertaining to qualifications for licensure as an osteopathic physician.
(ix) The State Board of Pharmacy under sections 3(a) and (e) and 3.3(a) and (b) of the Pharmacy Act (63 P.S. § § 390-3(a) and (e) and 390-3.3(a) and (b)), pertaining to qualifications for licensure as a pharmacist or registration as a pharmacy intern; and qualifications for pharmacy technician and pharmacy technician trainee registration.
(x) The State Board of Physical Therapy under section 6(a) of the Physical Therapy Practice Act (63 P.S. § 1306(a)), pertaining to qualifications for licensure as a physical therapist.
(xi) The State Board of Psychology under section 6(a) of the Professional Psychologists Practice Act (63 P.S. § 1206(a)), pertaining to qualifications for licensure as a psychologist.
(xii) The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors under section 7(a), (d), (e), (f) and (g) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P.S. § 1907(a), (d), (e), (f) and (g)), pertaining to qualifications for licensure as a social worker, clinical social worker, marriage and family therapist, professional counselor and bachelor social worker.
(xiii) The State Board of Veterinary Medicine under section 9(b)(4) of the Veterinary Medicine Practice Act (63 P.S. § 485.9(b)(4)), pertaining to qualifications for licensure as a veterinarian.
Cross References This section cited in 49 Pa. Code § 43b.421 (relating to schedule of sexual offenses); 49 Pa. Code § 43b.422 (relating to crimes of violence); 49 Pa. Code § 43b.423 (relating to schedule of criminal convictions—State Board of Accountancy); 49 Pa. Code § 43b.424 (relating to schedule of criminal convictions—State Architects Licensure Board); 49 Pa. Code § 43b.425 (relating to schedule of criminal convictions—State Board of Auctioneer Examiners); 49 Pa. Code § 43b.426 (relating to schedule of criminal convictions—State Board of Barber Examiners); 49 Pa. Code § 43b.427 (relating to schedule of criminal convictions—State Board of Certified Real Estate Appraisers); 49 Pa. Code § 43b.428 (relating to schedule of criminal convictions—State Board of Chiropractic); 49 Pa. Code § 43b.429 (relating to schedule of criminal convictions—State Board of Cosmetology); 49 Pa. Code § 43b.430 (relating to schedule of criminal convictions—State Board of Crane Operators); 49 Pa. Code § 43b.431 (relating to schedule of criminal convictions—State Board of Dentistry); 49 Pa. Code § 43b.432 (relating to schedule of criminal convictions—State Registration Board for Professional Engineers, Land Surveyors and Geologists); 49 Pa. Code § 43b.433 (relating to schedule of criminal convictions—State Board of Funeral Directors); 49 Pa. Code § 43b.434 (relating to schedule of criminal convictions—State Board of Landscape Architects); 49 Pa. Code § 43b.435 (relating to schedule of criminal convictions—State Board of Massage Therapy); 49 Pa. Code § 43b.436 (relating to schedule of criminal convictions—State Board of Medicine); 49 Pa. Code § 43b.437 (relating to schedule of criminal convictions—Navigation Commission for the Delaware River and its Navigable Tributaries); 49 Pa. Code § 43b.438 (relating to schedule of criminal convictions—State Board of Nursing); 49 Pa. Code § 43b.439 (relating to schedule of criminal convictions—State Board of Examiners of Nursing Home Administrators); 49 Pa. Code § 43b.440 (relating to schedule of criminal convictions—State Board of Occupational Therapy Education and Licensure); 49 Pa. Code § 43b.441 (relating to schedule of criminal convictions—State Board of Optometry); 49 Pa. Code § 43b.442 (relating to schedule of criminal convictions—State Board of Osteopathic Medicine); 49 Pa. Code § 43b.443 (relating to schedule of criminal convictions—State Board of Pharmacy); 49 Pa. Code § 43b.444 (relating to schedule of criminal convictions—State Board of Physical Therapy); 49 Pa. Code § 43b.445 (relating to schedule of criminal convictions—State Board of Podiatry); 49 Pa. Code § 43b.446 (relating to schedule of criminal convictions—State Board of Psychology); 49 Pa. Code § 43b.447 (relating to schedule of criminal convictions—State Real Estate Commission); 49 Pa. Code § 43b.448 (relating to schedule of criminal convictions—State Board of Social Workers, Marriage and Family Therapists and Professional Counselors); 49 Pa. Code § 43b.449 (relating to schedule of criminal convictions—State Board of Examiners in Speech-Language Pathology and Audiology); 49 Pa. Code § 43b.450 (relating to schedule of criminal convictions—State Board of Vehicle Manufacturers, Dealers and Salespersons); 49 Pa. Code § 43b.451 (relating to schedule of criminal convictions—State Board of Veterinary Medicine); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.405. Restricted licenses for barbers and cosmetologists.
(a) As an alternative to refusing to issue or renew, suspending, revoking or limiting a license to practice barbering or cosmetology of an applicant who has a criminal conviction that may be an impediment to licensure, the State Board of Barber Examiners and the State Board of Cosmetology may grant a restricted license to an applicant who demonstrates, to the relevant board’s satisfaction, the following, as applicable:
(1) While incarcerated, the individual maintained a record of good behavior, including successful completion of any required rehabilitative programming offered by a county correctional facility or the Department of Corrections.
(2) If incarcerated by a county correctional facility or the Department of Corrections and enrolled in a barber or cosmetology training program, the individual has successfully completed the requisite education or training requirements of the program.
(3) The individual has not been found to be in violation of probation or parole.
(4) The individual has demonstrated a commitment to living a law-abiding life, which may be established by one or more of the following:
(i) A personal statement of the individual detailing the individual’s efforts at rehabilitation since the conviction.
(ii) A letter of recommendation from the individual’s probation officer, parole officer or appropriate official within the county correctional facility or the Department of Corrections.
(iii) A letter or letters of recommendation from members of the community with knowledge of the individual’s efforts at rehabilitation since the conviction.
(iv) A letter of recommendation from a licensed barber or cosmetologist with knowledge of the individual’s efforts at rehabilitation since the conviction.
(v) Other relevant evidence of the individual’s commitment to living a law-abiding life.
(b) A restricted license will be issued for a term of not less than 1 year and not more than 2 years, at the discretion of the applicable board.
(c) The order granting a restricted license will set forth the conditions imposed by the applicable board, which may include any of the following:
(1) A limitation on the scope of the restricted license holder’s practice.
(2) A limitation on the location of the restricted license holder’s practice.
(3) A requirement that the restricted license holder be subject to the direct, on-premises supervision of a licensed manager-barber or a licensee designated in charge of the barber shop or a licensed cosmetology teacher, salon owner or designated licensee in charge of the salon, as applicable, during regular business hours, excluding breaks. A restricted license holder who is subject to supervision under this paragraph shall notify the applicable board in writing within 10 business days of a change in supervisor.
(4) Other conditions that the applicable board deems appropriate.
(d) Within 30 days of the conclusion of the term of the restricted license, the restricted license holder shall petition for termination of the period of restriction and issuance of an unrestricted license and shall certify that the restricted license holder has complied with all conditions imposed by the applicable board under subsection (c). If subject to supervision under subsection (c)(3), the restricted license holder’s supervisor shall submit, within 30 days of the conclusion of the term of the restricted license, a letter to the applicable board providing notice as to whether the restricted license holder complied with all conditions imposed by the applicable board. If the restricted license holder has more than one supervisor during the period of restriction, each supervisor shall submit a separate letter.
(e) A restricted license is subject to disciplinary action for violations of the applicable board’s act or regulations.
(1) In addition, under 63 Pa.C.S. § 3112(d) (relating to restricted licenses for barbers and cosmetologists), a restricted license will be immediately revoked if any of the following occurs:
(i) The restricted license holder is convicted of an offense graded as a misdemeanor or felony in this Commonwealth or a similar or equivalent offense in another jurisdiction after the issuance of the restricted license.
(ii) The restricted license holder fails to comply with any of the conditions imposed by the applicable board under subsection (c).
(2) The restricted license holder will be afforded a post-deprivation hearing before the Board or a hearing examiner to challenge the revocation of the restricted license.
(f) As used in this section, ‘‘board’’ means the State Board of Barber Examiners or the State Board of Cosmetology.
SCHEDULES OF CRIMINAL CONVICTIONS
§ 43b.421. Schedule of sexual offenses.
For purposes of § 43b.404(b) (relating to consideration of criminal convictions), a ‘‘sexual offense’’ includes any of the following:
(1) 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).
(2) The offenses enumerated in 18 Pa.C.S. Chapter 30 (relating to human trafficking), if the offense involved sexual servitude, including the following:
(i) 18 Pa.C.S. § 3011 (relating to trafficking in individuals).
(ii) 18 Pa.C.S. § 3012 (relating to involuntary servitude).
(iii) 18 Pa.C.S. § 3013 (relating to patronizing a victim of sexual servitude).
(iv) 18 Pa.C.S. § 3014 (relating to unlawful conduct regarding documents).
(v) 18 Pa.C.S. § 3015 (relating to nonpayment of wages).
(3) The offenses enumerated in 18 Pa.C.S. Chapter 31 (relating to sexual offenses), including the following:
(i) 18 Pa.C.S. § 3121 (relating to rape).
(ii) 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).
(iii) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
(iv) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(v) 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault).
(vi) 18 Pa.C.S. § 3124.3 (relating to sexual assault by sports official, volunteer or employee of nonprofit association).
(vii) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
(viii) 18 Pa.C.S. § 3126 (relating to indecent assault).
(ix) 18 Pa.C.S. § 3127 (relating to indecent exposure).
(x) 18 Pa.C.S. § 3129 (relating to sexual intercourse with animal).
(xi) 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders).
(xii) 18 Pa.C.S. § 3131 (relating to unlawful dissemination of intimate image).
(xiii) 18 Pa.C.S. § 3132 (relating to female mutilation).
(xiv) 18 Pa.C.S. § 3133 (relating to sexual extortion).
(4) 18 Pa.C.S. § 4302 (relating to incest).
(5) 18 Pa.C.S. § 4304(a)(1) (relating to endangering welfare of children), if the offense involved sexual contact with the victim.
(6) 18 Pa.C.S. § 5901 (relating to open lewdness), if the offense involved a minor under 18 years of age.
(7) 18 Pa.C.S. § 5902(b) or (b.1) (relating to prostitution and related offenses), pertaining to promoting prostitution and promoting prostitution of a minor.
(8) 18 Pa.C.S. § 5903 (relating to obscene and other sexual materials and performances), if the offense involved a minor under 18 years of age.
(9) 18 Pa.C.S. § 6301(a)(1)(i) (relating to corruption of minors), if the offense involved sexual contact with the victim.
(10) 18 Pa.C.S. § 6301(a)(1)(ii).
(11) 18 Pa.C.S. § 6312 (relating to sexual abuse of children).
(12) 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
(13) 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).
(14) 18 Pa.C.S. § 7507.1 (relating to invasion of privacy).
(15) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in paragraphs (1)—(14).
(16) An equivalent crime in another jurisdiction.
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); 49 Pa. Code § 43b.428 (relating to schedule of criminal convictions—State Board of Chiropractic); 49 Pa. Code § 43b.431 (relating to schedule of criminal convictions—State Board of Dentistry); 49 Pa. Code § 43b.436 (relating to schedule of criminal convictions—State Board of Medicine); 49 Pa. Code § 43b.438 (relating to schedule of criminal convictions—State Board of Nursing); 49 Pa. Code § 43b.440 (relating to schedule of criminal convictions—State Board of Occupational Therapy Education and Licensure); 49 Pa. Code § 43b.441 (relating to schedule of criminal convictions—State Board of Optometry); 49 Pa. Code § 43b.442 (relating to schedule of criminal convictions—State Board of Osteopathic Medicine); 49 Pa. Code § 43b.443 (relating to schedule of criminal convictions—State Board of Pharmacy); 49 Pa. Code § 43b.444 (relating to schedule of criminal convictions—State Board of Physical Therapy); 49 Pa. Code § 43b.445 (relating to schedule of criminal convictions—State Board of Podiatry); 49 Pa. Code § 43b.446 (relating to schedule of criminal convictions—State Board of Psychology); 49 Pa. Code § 43b.448 (relating to schedule of criminal convictions—State Board of Social Workers, Marriage and Family Therapists and Professional Counselors); and 49 Pa. Code § 43b.449 (relating to schedule of criminal convictions—State Board of Examiners in Speech-Language Pathology and Audiology).
§ 43b.422. Crimes of violence.
For purposes of § 43b.404(c) (relating to consideration of criminal convictions), a ‘‘crime of violence’’ includes any of the following:
(1) 18 Pa.C.S. § 2502(c) (relating to murder).
(2) 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
(3) 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in death).
(4) 18 Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law enforcement officer).
(5) 18 Pa.C.S. § 2604(c) (relating to murder of unborn child).
(6) 18 Pa.C.S. § 2606 (relating to aggravated assault of unborn child).
(7) 18 Pa.C.S. § 2702(a)(1) and (2) (relating to aggravated assault).
(8) 18 Pa.C.S. § 2702.1 (relating to assault of law enforcement officer).
(9) 18 Pa.C.S. § 2716(b) (relating to weapons of mass destruction).
(10) 18 Pa.C.S. § 2717 (relating to terrorism), when graded as a felony of the first degree.
(11) 18 Pa.C.S. § 2718 (relating to strangulation), when graded as a felony.
(12) 18 Pa.C.S. § 2901 (relating to kidnapping).
(13) 18 Pa.C.S. § 3011 (relating to trafficking in individuals), when graded as a felony of the first degree.
(14) 18 Pa.C.S. § 3121 (relating to rape).
(15) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
(16) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(17) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
(18) 18 Pa.C.S. § 3301(a) or (a.1) (relating to arson and related offenses).
(19) 18 Pa.C.S. § 3311(b)(3) (relating to ecoterrorism).
(20) 18 Pa.C.S. § 3502(a)(1) (relating to burglary).
(21) 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
(22) 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
(23) 18 Pa.C.S. § 4302 (relating to incest).
(24) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in paragraphs (1)—(23).
(25) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(26) An equivalent crime in another jurisdiction.
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); 49 Pa. Code § 43b.423 (relating to schedule of criminal convictions—State Board of Accountancy); 49 Pa. Code § 43b.424 (relating to schedule of criminal convictions—State Architects Licensure Board); 49 Pa. Code § 43b.425 (relating to schedule of criminal convictions—State Board of Auctioneer Examiners); 49 Pa. Code § 43b.426 (relating to schedule of criminal convictions—State Board of Barber Examiners); 49 Pa. Code § 43b.427 (relating to schedule of criminal convictions—State Board of Certified Real Estate Appraisers); 49 Pa. Code § 43b.428 (relating to schedule of criminal convictions—State Board of Chiropractic); 49 Pa. Code § 43b.429 (relating to schedule of criminal convictions—State Board of Cosmetology); 49 Pa. Code § 43b.430 (relating to schedule of criminal convictions—State Board of Crane Operators); 49 Pa. Code § 43b.431 (relating to schedule of criminal convictions—State Board of Dentistry); 49 Pa. Code § 43b.432 (relating to schedule of criminal convictions—State Registration Board for Professional Engineers, Land Surveyors and Geologists); 49 Pa. Code § 43b.433 (relating to schedule of criminal convictions—State Board of Funeral Directors); 49 Pa. Code § 43b.434 (relating to schedule of criminal convictions—State Board of Landscape Architects); 49 Pa. Code § 43b.435 (relating to schedule of criminal convictions—State Board of Massage Therapy); 49 Pa. Code § 43b.436 (relating to schedule of criminal convictions—State Board of Medicine); 49 Pa. Code § 43b.437 (relating to schedule of criminal convictions—Navigation Commission for the Delaware River and its Navigable Tributaries); 49 Pa. Code § 43b.438 (relating to schedule of criminal convictions—State Board of Nursing); 49 Pa. Code § 43b.439 (relating to schedule of criminal convictions—State Board of Examiners of Nursing Home Administrators); 49 Pa. Code § 43b.440 (relating to schedule of criminal convictions—State Board of Occupational Therapy Education and Licensure); 49 Pa. Code § 43b.441 (relating to schedule of criminal convictions—State Board of Optometry); 49 Pa. Code § 43b.442 (relating to schedule of criminal convictions—State Board of Osteopathic Medicine); 49 Pa. Code § 43b.443 (relating to schedule of criminal convictions—State Board of Pharmacy); 49 Pa. Code § 43b.444 (relating to Schedule of criminal convictions—State Board of Physical Therapy); 49 Pa. Code § 43b.445 (relating to schedule of criminal convictions—State Board of Podiatry); 49 Pa. Code § 43b.446 (relating to schedule of criminal convictions—State Board of Psychology); 49 Pa. Code § 43b.447 (relating to schedule of criminal convictions—State Real Estate Commission); 49 Pa. Code § 43b.448 (relating to schedule of criminal convictions—State Board of Social Workers, Marriage and Family Therapists and Professional Counselors); 49 Pa. Code § 43b.449 (relating to schedule of criminal convictions—State Board of Examiners in Speech-Language Pathology and Audiology); 49 Pa. Code § 43b.450 (relating to schedule of criminal convictions—State Board of Vehicle Manufacturers, Dealers and Salespersons); and 49 Pa. Code § 43b.451 (relating to schedule of criminal convictions—State Board of Veterinary Medicine).
§ 43b.423. Schedule of criminal convictions—State Board of Accountancy.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Accountancy (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the accountancy profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 3927 (relating to theft by failure to make required disposition of funds received).
(ii) 18 Pa.C.S. § 4104 (relating to tampering with records or identification).
(iii) 18 Pa.C.S. § 4105 (relating to bad checks), when graded as a felony.
(iv) 18 Pa.C.S. § 4106 (relating to access device fraud), when graded as a felony.
(v) 18 Pa.C.S. § 4108 (relating to commercial bribery and breach of duty to act disinterestedly).
(vi) 18 Pa.C.S. § 4110 (relating to defrauding secured creditors).
(vii) 18 Pa.C.S. § 4111 (relating to fraud in insolvency).
(viii) 18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions).
(ix) 18 Pa.C.S. § 4902 (relating to perjury).
(x) 18 Pa.C.S. § 4903 (relating to false swearing).
(xi) 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(xii) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(xiii) 18 Pa.C.S. § 7326 (relating to disclosure of confidential tax information).
(xiv) 15 U.S.C.A. § 78j(b), regarding manipulative and deceptive devices.
(xv) 26 U.S.C.A. § 7201, regarding attempt to evade or defeat tax.
(xvi) 26 U.S.C.A. § 7202, regarding willful failure to collect or pay over tax.
(xvii) 26 U.S.C.A. § 7203, regarding willful failure to file return, supply information, or pay tax.
(xviii) 26 U.S.C.A. § 7204, regarding fraudulent statement or failure to make statement to employees.
(xix) 26 U.S.C.A. § 7205, regarding fraudulent withholding exemption certificate or failure to supply information.
(xx) 26 U.S.C.A. § 7206, regarding fraud and false statements.
(xxi) 26 U.S.C.A. § 7207, regarding fraudulent returns, statements, or other documents.
(xxii) 26 U.S.C.A. § 7212, regarding attempts to interfere with administration of internal revenue laws.
(xxiii) 26 U.S.C.A. § 7213, regarding unauthorized disclosure of information.
(xxiv) 26 U.S.C.A. § 7215, regarding offenses with respect to collected taxes.
(xxv) 26 U.S.C.A. § 7216, regarding disclosure or use of information by preparers of returns.
(xxvi) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xxv).
(xxvii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xxviii) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.424. Schedule of criminal convictions—State Architects Licensure Board.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Architects Licensure Board (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the architect profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 4101 (relating to forgery).
(ii) 18 Pa.C.S. § 4103 (relating to fraudulent destruction, removal or concealment of recordable instruments).
(iii) 18 Pa.C.S. § 4104(a) (relating to tampering with records or identification), when graded as a misdemeanor.
(iv) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(v) Section 8 of the Home Improvement Consumer Protection Act (73 P.S. § 517.8), regarding home improvement fraud.
(vi) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(v).
(vii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(viii) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.425. Schedule of criminal convictions—State Board of Auctioneer Examiners.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Auctioneer Examiners (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 3924 (relating to theft of property lost, mislaid, or delivered by mistake).
(ii) 18 Pa.C.S. § 3925 (relating to receiving stolen property).
(iii) 18 Pa.C.S. § 3927 (relating to theft by failure to make required disposition of funds received).
(iv) 18 Pa.C.S. § 4102 (relating to simulating objects of antiquity, rarity, etc.).
(v) 18 Pa.C.S. § 4104 (relating to tampering with records or identification).
(vi) 18 Pa.C.S. § 4107 (relating to deceptive or fraudulent business practices).
(vii) 18 Pa.C.S. § 4108 (relating to commercial bribery and breach of duty to act disinterestedly).
(viii) 18 Pa.C.S. § 4109 (relating to rigging publicly exhibited contest).
(ix) 18 Pa.C.S. § 4112 (relating to receiving deposits in a failing financial institution).
(x) 18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions).
(xi) 18 Pa.C.S. § 4114 (relating to securing execution of documents by deception).
(xii) 18 Pa.C.S. § 4119 (relating to trademark counterfeiting).
(xiii) 18 Pa.C.S. § 4911 (relating to tampering with public records or information).
(xiv) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(xv) Section 29(a) of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.29(a)), pertaining to criminal penalties for unlicensed practice.
(xvi) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xv).
(xvii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xviii) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.426. Schedule of criminal convictions—State Board of Barber Examiners.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Barber Examiners (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the barbering profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(ii) Criminal attempt, criminal conspiracy or criminal solicitation to commit the offense listed in subparagraph (i).
(iii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(iv) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.427. Schedule of criminal convictions—State Board of Certified Real Estate Appraisers.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Certified Real Estate Appraisers (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board (appraisers and assessors), which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 4101 (relating to forgery).
(ii) 18 Pa.C.S. § 4103 (relating to fraudulent destruction, removal or concealment of recordable instruments).
(iii) 18 Pa.C.S. § 4104 (relating to tampering with records or identification), when graded as a misdemeanor.
(iv) 18 Pa.C.S. § 4107 (relating to deceptive or fraudulent business practices).
(v) 18 Pa.C.S. § 4108 (relating to commercial bribery and breach of duty to act disinterestedly).
(vi) 18 Pa.C.S. § 4110 (relating to defrauding secured creditors).
(vii) 18 Pa.C.S. § 4114 (relating to securing execution of documents by deception).
(viii) 18 Pa.C.S. § 4115 (relating to falsely impersonating persons privately employed).
(ix) 18 Pa.C.S. § 4117 (relating to insurance fraud).
(x) 18 Pa.C.S. § 4902 (relating to perjury).
(xi) 18 Pa.C.S. § 4903 (relating to false swearing).
(xii) 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(xiii) 18 Pa.C.S. § 4911 (relating to tampering with public records or information).
(xiv) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(xv) 18 Pa.C.S. § 7331 (relating to unlicensed mortgage loan business).
(xvi) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xv).
(xvii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xviii) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.428. Schedule of criminal convictions—State Board of Chiropractic.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Chiropractic (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the chiropractic profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(ii) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).
(iii) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report a case of suspected child abuse.
(iv) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(v) Section 701 of the Chiropractic Practice Act (63 P.S. § 625.701).
(vi) Section 702 of the Chiropractic Practice Act (63 P.S. § 625.702), pertaining to criminal offenses under the Chiropractic Practice Act (63 P.S. § § 625.101—625.1106).
(vii) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(viii) 18 U.S.C.A. § 1347, regarding health care fraud.
(ix) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(viii).
(x) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xi) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.429. Schedule of criminal convictions—State Board of Cosmetology.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Cosmetology (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(ii) Criminal attempt, criminal conspiracy or criminal solicitation to commit the offense listed in subparagraph (i).
(iii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(iv) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.430. Schedule of criminal convictions—State Board of Crane Operators.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Crane Operators (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(c).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.431. Schedule of criminal convictions—State Board of Dentistry.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Dentistry (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(ii) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(iii) 18 U.S.C.A. § 1347, regarding health care fraud.
(iv) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report a case of suspected child abuse.
(v) Section 13(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (33), (35), (36) and (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (33), (35), (36) and (37)), regarding prohibited acts and penalties, pertaining to certain violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(vi) Section 1407 of the Human Services Code (62 P.S. § 1407), regarding provider prohibited acts, criminal penalties and civil remedies, pertaining to Medicaid fraud.
(vii) Section 10 of the Dental Law (63 P.S. § 129), regarding penalties for unlawful practice.
(viii) Section 8 of the Pharmacy Act (63 P.S. § 390-8) regarding unlawful acts, pertaining to violations of the Pharmacy Act (63 P.S. § § 390-1—390-13).
(ix) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(viii).
(x) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xi) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.432. Schedule of criminal convictions—State Registration Board for Professional Engineers, Land Surveyors and Geologists.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 4101 (relating to forgery).
(ii) 18 Pa.C.S. § 4103 (relating to fraudulent destruction, removal or concealment of recordable instruments).
(iii) 18 Pa.C.S. § 4104(a) (relating to tampering with records or identification), when graded as a misdemeanor.
(iv) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(v) Section 8 of the Home Improvement Consumer Protection Act (73 P.S. § 517.8), regarding home improvement fraud.
(vi) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(v).
(vii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(viii) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.433. Schedule of criminal convictions—State Board of Funeral Directors.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Funeral Directors (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the profession of funeral directing, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 3927 (relating to theft by failure to make required disposition of funds received).
(ii) 18 Pa.C.S. § 4104(a) (relating to tampering with records or identification), when graded as a misdemeanor.
(iii) 18 Pa.C.S. § 4107 (relating to deceptive or fraudulent business practices).
(iv) 18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions).
(v) 18 Pa.C.S. § 4910 (relating to tampering with or fabricating physical evidence).
(vi) 18 Pa.C.S. § 4911 (relating to tampering with public records or information).
(vii) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(viii) 18 Pa.C.S. § 5510 (relating to abuse of corpse).
(ix) 18 Pa.C.S. § 7310 (relating to furnishing free insurance as inducement for purchases).
(x) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(ix).
(xi) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xii) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.434. Schedule of criminal convictions—State Board of Landscape Architects.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Landscape Architects (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the landscape architect profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 4101 (relating to forgery).
(ii) 18 Pa.C.S. § 4104(a) (relating to tampering with records or identification), when graded as a misdemeanor.
(iii) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(iv) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(iii).
(v) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(vi) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.435. Schedule of criminal convictions—State Board of Massage Therapy.
(a) A conviction of any of the criminal offenses in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Massage Therapy (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the massage therapy profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(ii) 18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).
(iii) 18 Pa.C.S. § 3121 (relating to rape).
(iv) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
(v) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(vi) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
(vii) 18 Pa.C.S. § 3126 (relating to indecent assault).
(viii) 18 Pa.C.S. § 5902(b) or (b.1) (relating to prostitution and related offenses), pertaining to promoting prostitution and promoting prostitution of a minor.
(ix) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(x) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(ix).
(xi) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xii) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.436. Schedule of criminal convictions—State Board of Medicine.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Medicine (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(ii) 18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).
(iii) 18 Pa.C.S. § 3212 (relating to infanticide).
(iv) 18 Pa.C.S. § 3216 (relating to fetal experimentation).
(v) 18 Pa.C.S. § 4305 (relating to dealing in infant children).
(vi) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).
(vii) 18 Pa.C.S. § 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).
(viii) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(ix) 23 Pa.C.S. § 6346 (relating to cooperation of other agencies), pertaining to willful failure to cooperate in an investigation of suspected child abuse.
(x) Section 13(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37)), pertaining to certain violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(xi) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(xii) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(xiii) 18 U.S.C.A. § 1347, regarding health care fraud.
(xiv) Section 11(a) or (b) of the Osteopathic Medical Practice Act (63 P.S. § 271.11(a) or (b)), pertaining to criminal offenses under the Osteopathic Medical Practice Act (63 P.S. § § 271.1—271.18).
(xv) Section 8 of the Pharmacy Act (63 P.S. § 390-8), pertaining to criminal offenses under the Pharmacy Act (63 P.S. § § 390-1—390-13).
(xvi) Section 39(a) of the Medical Practice Act of 1985 (63 P.S. § 422.39(a)), pertaining to criminal offenses under the Medical Practice Act of 1985 (63 P.S. § § 422.1—422.53).
(xvii) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xvi).
(xviii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xix) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.437. Schedule of criminal convictions—Navigation Commission for the Delaware River and its Navigable Tributaries.
(a) A conviction of any of the criminal offenses set forth in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Navigation Commission for the Delaware River and its Navigable Tributaries (Navigation Commission).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Navigation Commission as directly related to the piloting profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 75 Pa.C.S. § 3742.1 (relating to accidents involving death or personal injury while not properly licensed).
(ii) Criminal attempt, criminal conspiracy or criminal solicitation to commit the offense listed in subparagraph (i).
(iii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(iv) An equivalent crime in another jurisdiction.
(b) The Navigation Commission retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Navigation Commission’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.438. Schedule of criminal convictions—State Board of Nursing.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Nursing (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2505 (relating to causing or aiding suicide).
(ii) 18 Pa.C.S. § 2605 (relating to voluntary manslaughter of unborn child).
(iii) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(iv) 18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).
(v) 18 Pa.C.S. § 3212 (relating to infanticide).
(vi) 18 Pa.C.S. § 3216 (relating to fetal experimentation).
(vii) 18 Pa.C.S. § 4305 (relating to dealing in infant children).
(viii) 18 Pa.C.S. § 4906.1 (relating to false reports of child abuse).
(ix) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).
(x) 18 Pa.C.S. § 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).
(xi) 18 Pa.C.S. § 5106 (relating to failure to report injuries by firearm or criminal act).
(xii) 18 Pa.C.S. § 5112 (relating to obstructing emergency services).
(xiii) 18 Pa.C.S. § 5510 (relating to abuse of corpse).
(xiv) 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory).
(xv) 18 Pa.C.S. § 7509 (relating to furnishing drug-free urine).
(xvi) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(xvii) 18 U.S.C.A. § 1347, regarding health care fraud.
(xviii) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(xix) Section 13(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37)), pertaining to certain violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(xx) Section 1302 of the Medical Marijuana Act (35 P.S. § 10231.1302), regarding criminal diversion of medical marijuana.
(xxi) Section 1306 of the Medical Marijuana Act (35 P.S. § 10231.1306), regarding adulteration of medical marijuana).
(xxii) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(xxiii) Section 13(a) of the Professional Nursing Law (63 P.S. § 223(a)), pertaining to violations of the Professional Nursing Law (63 P.S. § § 211—225.5).
(xxiv) Section 8(13) and (15) of the Pharmacy Act (63 P.S. § 390-8(13) and (15)), pertaining to procuring a drug by fraud in violation of the Pharmacy Act (63 P.S. § § 390-1—390-13).
(xxv) Section 15 of the Practical Nurse Law (63 P.S. § 665), pertaining to violations of the Practical Nurse Law (63 P.S. § § 651—667.8).
(xxvi) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xxv).
(xxvii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xxviii) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.439. Schedule of criminal convictions—State Board of Examiners of Nursing Home Administrators.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Examiners of Nursing Home Administrators (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the profession of nursing home administration, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2505 (relating to causing or aiding suicide).
(ii) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(iii) 18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).
(iv) 18 Pa.C.S. § 4911 (relating to tampering with public records or information).
(v) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).
(vi) 18 Pa.C.S. § 5106 (relating to failure to report injuries by firearm or criminal act).
(vii) 18 Pa.C.S. § 5112 (relating to obstructing emergency services).
(viii) 18 Pa.C.S. § 5510 (relating to abuse of corpse).
(ix) 18 Pa.C.S. § 7509 (relating to furnishing drug-free urine).
(x) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(xi) 18 U.S.C.A. § 1347, regarding health care fraud.
(xii) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(xiii) Section 8(13) of the Pharmacy Act (63 P.S. § 390-8(13)), pertaining to procuring a drug by fraud in violation of the Pharmacy Act (63 P.S. § § 390-1—390-13).
(xiv) Section 11 of the Nursing Home Administrators License Act (63 P.S. § 1111), pertaining to offenses under the Nursing Home Administrators License Act (63 P.S. § § 1101—1114.2).
(xv) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xiv).
(xvi) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xvii) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.440. Schedule of criminal convictions—State Board of Occupational Therapy Education and Licensure.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Occupational Therapy Education and Licensure (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board (occupational therapy and occupational therapy assisting), which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(ii) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).
(iii) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(iv) Section 1407 of the Human Services Code (62 P.S. § 1407), regarding provider prohibited acts, criminal penalties and civil remedies, pertaining to Medicaid fraud.
(v) Section 16 of the Occupational Therapy Practice Act (63 P.S. § 1516) regarding refusal, suspension or revocation of license; refusal to renew; penalties; injunctive relief, pertaining to misdemeanor violations of the Occupational Therapy Practice Act (63 P.S. § § 1501—1519).
(vi) Section 1102 of the Workers’ Compensation Act (77 P.S. § 1039.2), regarding offenses, pertaining to insurance fraud under the Workers’ Compensation Act (77 P.S. § § 1—2710).
(vii) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(viii) 18 U.S.C.A. § 1347, regarding health care fraud.
(ix) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(viii).
(x) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xi) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.441. Schedule of criminal convictions—State Board of Optometry.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Optometry (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following criminal offenses that have been deemed by the Board as directly related to the optometry profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(ii) 18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).
(iii) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(iv) Section 13(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37)), pertaining to certain violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(v) Section 8(13) of the Pharmacy Act (63 P.S. § 390-8(13)), pertaining to procuring a drug by fraud in violation of the Pharmacy Act (63 P.S. § § 390-1—390-13).
(vi) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(v).
(vii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(viii) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.442. Schedule of criminal convictions—State Board of Osteopathic Medicine.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Osteopathic Medicine (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(ii) 18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).
(iii) 18 Pa.C.S. § 3212 (relating to infanticide).
(iv) 18 Pa.C.S. § 3216 (relating to fetal experimentation).
(v) 18 Pa.C.S. § 4305 (relating to dealing in infant children).
(vi) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).
(vii) 18 Pa.C.S. § 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).
(viii) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(ix) 23 Pa.C.S. § 6346 (relating to cooperation of other agencies), pertaining to willful failure to cooperate in an investigation of suspected child abuse.
(x) Section 13(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35, (36) and (37)), pertaining to certain violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(xi) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(xii) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(xiii) 18 U.S.C.A. § 1347, regarding health care fraud.
(xiv) Section 11(a) or (b) of the Osteopathic Medical Practice Act (63 P.S. § 271.11(a) or (b)), pertaining to criminal offenses under the Osteopathic Medical Practice Act (63 P.S. § § 271.1—271.18).
(xv) Section 8 of the Pharmacy Act (63 P.S. § 390-8), pertaining to criminal offenses under the Pharmacy Act (63 P.S. § § 390-1—390-13).
(xvi) Section 39(a) of the Medical Practice Act of 1985 (63 P.S. § 422.39(a)), pertaining to criminal offenses under the Medical Practice Act of 1985 (63 P.S. § § 422.1—422.53).
(xvii) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xvi).
(xviii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xix) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.443. Schedule of criminal convictions—State Board of Pharmacy.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Pharmacy (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the pharmacy profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 3313 (relating to illegal dumping of methamphetamine waste).
(ii) 18 Pa.C.S. § 3929.3 (relating to organized retail theft).
(iii) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(iv) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(v) Section 13(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37)), pertaining to certain violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(vi) Section 1302 of the Medical Marijuana Act (35 P.S. § 10231.1302), regarding criminal diversion of medical marijuana.
(vii) Section 1306 of the Medical Marijuana Act (35 P.S. § 10231.1306), regarding adulteration of medical marijuana.
(viii) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(ix) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(x) 18 U.S.C.A. § 1347, regarding health care fraud.
(xi) Section 8 of the Pharmacy Act (63 P.S. § 390-8), pertaining to criminal offenses under the Pharmacy Act (63 P.S. § § 390-1—390-13).
(xii) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xi).
(xiii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xiv) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.444. Schedule of criminal convictions—State Board of Physical Therapy.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Physical Therapy (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the physical therapy profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(ii) 18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).
(iii) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(iv) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(v) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(vi) 18 U.S.C.A. § 1347, regarding health care fraud.
(vii) Section 12(a) of the Physical Therapy Practice Act (63 P.S. § 1312(a)) regarding penalties; injunctive relief, pertaining to criminal offenses under the Physical Therapy Practice Act (63 P.S. § § 1301—1313).
(viii) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(vii).
(ix) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(x) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.445. Schedule of criminal convictions—State Board of Podiatry.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Podiatry (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the podiatry profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(ii) Section 13(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37)), pertaining to certain violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(iii) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(iv) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(v) 18 U.S.C.A. § 1347, regarding health care fraud.
(vi) Section 13 of the Podiatry Practice Act (63 P.S. § 42.13), pertaining to criminal offenses under the Podiatry Practice Act (63 P.S. § § 42.1—42.21c).
(vii) Section 8 of the Pharmacy Act (63 P.S. § 390-8), pertaining to criminal offenses under the Pharmacy Act (63 P.S. § § 390-1—390-13).
(viii) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(vii).
(ix) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(x) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.446. Schedule of criminal convictions—State Board of Psychology.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Psychology (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the psychology profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2505 (relating to causing or aiding suicide).
(ii) 18 Pa.C.S. § 4906.1 (relating to false reports of child abuse).
(iii) 18 Pa.C.S. § 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).
(iv) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(v) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(vi) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(vii) 18 U.S.C.A. § 1347, regarding health care fraud.
(viii) Section 11 of the Professional Psychologists Practice Act (63 P.S. § 1211), pertaining to criminal offenses under the Professional Psychologists Practice Act (63 P.S. § § 1201—1218).
(ix) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(viii).
(x) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xi) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.447. Schedule of criminal convictions—State Real Estate Commission.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Real Estate Commission (Commission).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Commission as directly related to the real estate profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 3927 (relating to theft by failure to make required disposition of funds received).
(ii) 18 Pa.C.S. § 3932 (relating to theft of leased property).
(iii) 18 Pa.C.S. § 4101 (relating to forgery).
(iv) 18 Pa.C.S. § 4103 (relating to fraudulent destruction, removal or concealment of recordable instruments).
(v) 18 Pa.C.S. § 4104(a) (relating to tampering with records or identification), when graded as a misdemeanor.
(vi) 18 Pa.C.S. § 4107 (relating to deceptive or fraudulent business practices).
(vii) 18 Pa.C.S. § 4108 (relating to commercial bribery and breach of duty to act disinterestedly).
(viii) 18 Pa.C.S. § 4110 (relating to defrauding secured creditors).
(ix) 18 Pa.C.S. § 4111 (relating to fraud in insolvency).
(x) 18 Pa.C.S. § 4114 (relating to securing execution of documents by deception).
(xi) 18 Pa.C.S. § 4911 (relating to tampering with public records or information).
(xii) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
(xiii) 18 Pa.C.S. § 7310 (relating to furnishing free insurance as inducement for purchases).
(xiv) 18 Pa.C.S. § 7331 (relating to unlicensed mortgage loan business).
(xv) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xiv).
(xvi) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xvii) An equivalent crime in another jurisdiction.
(b) The Commission retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Commission’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.448. Schedule of criminal convictions—State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) The following criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2505 (relating to causing or aiding suicide).
(ii) 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
(iii) 18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).
(iv) 18 Pa.C.S. § 4303 (relating to concealing death of child).
(v) 18 Pa.C.S. § 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).
(vi) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(vii) 23 Pa.C.S. § 6346 (relating to cooperation of other agencies), pertaining to willful failure to cooperate in investigation of child abuse.
(viii) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(ix) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(viii).
(x) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xi) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.449. Schedule of criminal convictions—State Board of Examiners in Speech-Language Pathology and Audiology.
(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Examiners in Speech-Language Pathology and Audiology (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).
(b) A conviction of any of the criminal offenses set forth in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 2713 (relating to neglect of a care-dependent person).
(ii) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).
(iii) 23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.
(iv) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.
(v) Section 18(a) of the Speech-Language Pathologists and Audiologists Licensure Act (63 P.S. § 1718(a)), pertaining to criminal offenses under the Speech-Language Pathologists and Audiologists Licensure Act (63 P.S. § § 1701—1719).
(vi) Section 1102 of the Workers’ Compensation Act (77 P.S. § 1039.2), pertaining to insurance fraud under the Workers’ Compensation Act (77 P.S. § § 1—2710).
(vii) 18 U.S.C.A. § 1035, regarding false statements relating to health care matters.
(viii) 18 U.S.C.A. § 1347, regarding health care fraud.
(ix) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(viii).
(x) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xi) An equivalent crime in another jurisdiction.
(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.450. Schedule of criminal convictions—State Board of Vehicle Manufacturers, Dealers and Salespersons.
(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) The following additional criminal offenses that have been deemed by the Board as directly related to the vehicle profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 4101 (relating to forgery).
(ii) 18 Pa.C.S. § 4104(a) (relating to tampering with records or identification), when graded as a misdemeanor.
(iii) 18 Pa.C.S. § 4107 (relating to deceptive or fraudulent business practices).
(iv) 18 Pa.C.S. § 4114 (relating to securing execution of documents by deception).
(v) 18 Pa.C.S. § 4118 (relating to washing vehicle titles).
(vi) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).
(vii) 75 Pa.C.S. § 7122 (relating to altered, forged or counterfeit documents and plates).
(viii) 75 Pa.C.S. § 7132 (relating to prohibited activities relating to odometers).
(ix) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(viii).
(x) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xi) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.451. Schedule of criminal convictions—State Board of Veterinary Medicine.
(a) A conviction of any of the criminal offenses in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Veterinary Medicine (Board).
(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).
(2) A drug trafficking offense in accordance with § 43b.404(d).
(3) The following additional criminal offenses that have been deemed by the Board as directly related to the veterinary medical profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):
(i) 18 Pa.C.S. § 3129 (relating to sexual intercourse with animal).
(ii) 18 Pa.C.S. § 5532 (relating to neglect of animal).
(iii) 18 Pa.C.S. § 5533 (relating to cruelty to animal).
(iv) 18 Pa.C.S. § 5534 (relating to aggravated cruelty to animal).
(v) 18 Pa.C.S. § 5535 (relating to attack of service, guide or support dog).
(vi) 18 Pa.C.S. § 5536 (relating to tethering of unattended dog).
(vii) 18 Pa.C.S. § 5537 (relating to selling or using disabled horse).
(viii) 18 Pa.C.S. § 5538 (relating to transporting animals in cruel manner).
(ix) 18 Pa.C.S. § 5539 (relating to transporting equine animals in cruel manner).
(x) 18 Pa.C.S. § 5540 (relating to hours of labor of animals).
(xi) 18 Pa.C.S. § 5541 (relating to cruelty to cow to enhance appearance of udder).
(xii) 18 Pa.C.S. § 5542 (relating to animal mutilation and related offenses).
(xiii) 18 Pa.C.S. § 5543 (relating to animal fighting).
(xiv) 18 Pa.C.S. § 5544 (relating to possession of animal fighting paraphernalia).
(xv) 18 Pa.C.S. § 5545 (relating to killing homing pigeons).
(xvi) 18 Pa.C.S. § 5546 (relating to skinning of and selling or buying pelts of dogs and cats).
(xvii) 18 Pa.C.S. § 5547 (relating to live animals as prizes prohibited).
(xviii) 18 Pa.C.S. § 5548 (relating to police animals).
(xix) 18 Pa.C.S. § 5549 (relating to assault with a biological agent on animal, fowl or honey bees).
(xx) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xix).
(xxi) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
(xxii) An equivalent crime in another jurisdiction.
(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).
§ 43b.452. Time limits.
For purposes of conducting the assessment required in § 43b.404 (relating to consideration of criminal convictions), a conviction of an offense identified by the relevant licensing board or commission as directly related to a profession or occupation in § § 43b.423—43b.451 will no longer be considered directly related to the profession or occupation if at least 5 years have passed since the individual’s conviction of that offense.
Cross References This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); and 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions).
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