Pennsylvania § 3102 - Definitions.

§ 3102. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Bureau." The Bureau of Professional and Occupational Affairs in the Department of State.

"Commissioner." The commissioner of the bureau.

"Criminal conviction." Includes a finding of guilty, a plea of guilty or a plea of nolo contendere with respect to a criminal offense of this Commonwealth, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of the criminal offense or an equivalent crime in another jurisdiction.

"Directly relates." The nature of the criminal conduct for which the person 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, trade or occupation for which the individual seeks licensure.

"Disciplinary matter." A matter subject to a licensing board's or licensing commission's jurisdiction in which the licensing board or licensing commission has the authority to refuse, suspend, revoke or limit a license, registration, certificate or permit or to impose a civil penalty or other discipline under an act.

"Distance education." Instruction offered by any means where the licensee is in a separate physical location from the instructor and communication is accomplished through one or more technological media. The term includes real-time or delayed interaction using voice, video, data or text, including instruction provided online, via correspondence or interactive video.

"Expunge" or "expungement." Removal of a disciplinary record, accomplished by:

(1) permanently sealing the affected record from public access;

(2) deeming the proceedings to which the affected record refers as not having occurred; and

(3) except with respect to any subsequent application for expungement, affording the affected party the right to represent that no record exists regarding the subject matter of the affected record.

"Licensee." A person holding a license, registration, certificate or permit with a licensing board or licensing commission under the bureau.

"Licensing board." A departmental or administrative board under the bureau.

"Licensing commission." A departmental or administrative commission under the bureau.

"Practice act." A statute governing the licensure, certification, registration or permit of a profession that is under the jurisdiction of a licensing board or licensing commission.

"Right-to-Know Law." The act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

"Virtual platform." Live-stream synchronous videoconferencing or similar virtual presence technology.

"Virtual supervision." The act of supervision of hours necessary for a license, certificate, registration or permit in a practice act done in a manner that allows the supervisor to be in a separate physical location from the supervisee while using a virtual platform to maintain a continuous real-time virtual presence as if in person.

(Dec. 22, 2021, P.L.488, No.100, eff. imd.)

2021 Amendment. Act 100 added the defs. of "distance education," "practice act," "virtual platform" and "virtual supervision."