Pennsylvania § 3112.1 - Restricted licenses for other occupations.

§ 3112.1. Restricted licenses for other occupations.

(a) Occupations other than barbering and cosmetology.--Notwithstanding any provision of law to the contrary, if a county correctional facility or the Department of Corrections offers training in the occupation, other than barbering and cosmetology, which requires the issuance of a license, certificate, registration or permit by the bureau in order to engage in that occupation, the applicable licensing board or licensing commission may issue a restricted license to an applicant as specified in this section as an alternative to refusing to issue or renew, suspending, revoking or limiting a license as a result of a finding that the applicant for a license, certificate, registration or permit lacks the fitness to engage in the occupation due to a criminal conviction or is otherwise ineligible for licensure due to a criminal conviction. The following shall apply:

(1) The applicable licensing board or commission shall determine the period of time during which the applicant shall operate under a restricted license. The minimum period of time shall be one year. The maximum period of time shall be two years.

(2) The applicable licensing board or licensing commission shall notify the applicant of the time period under paragraph (1) and the conditions placed on the restricted license under subsection (c).

(b) Demonstration of fitness.--Notwithstanding any other provision of law to the contrary and the criminal conviction, an applicant for a restricted license may demonstrate fitness for issuance of a restricted license to practice by introducing evidence of the following:

(1) While incarcerated, the individual maintained a record of good behavior, including the successful completion of any required rehabilitative programming offered by a county correctional facility or the Department of Corrections.

(2) If incarcerated by a county correctional facility or the Department of Corrections and enrolled in a program regarding the occupation for which a restricted license is sought, the applicant successfully completed the requisite education or training requirements of the program.

(3) The applicant has not been found to be in violation of probation or parole.

(4) The applicant has demonstrated a commitment to living a law-abiding life, which may be established by a letter of recommendation from the applicant's probation officer, parole officer or appropriate official within the county correctional facility or the Department of Corrections, or by any other means, at the discretion of the licensing board or licensing commission, as applicable.

(c) Conditions.--The licensing board or licensing commission shall impose conditions on a holder of a restricted license, including:

(1) Limiting the scope or location of the restricted license holder's practice.

(2) Requiring the restricted license holder to be reasonably supervised during business hours by an individual licensed by the licensing board or licensing commission, as applicable.

(3) Requiring the restricted license holder to notify the licensing board or licensing commission, as applicable, in writing as soon as is practicable of a change in the supervisor under paragraph (2).

(4) Requiring the restricted license holder to abide by any other condition the licensing board or licensing commission, as applicable, deems appropriate.

(d) Revocation.--The restricted license shall be immediately revoked if any of the following occurs:

(1) 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 following the receipt of the restricted license.

(2) The restricted license holder fails to comply with any of the conditions imposed by the licensing board or licensing commission, as applicable, under subsection (c).

(e) Notice.--Within 30 days of the conclusion of the term of the restricted license, the licensee supervising the holder of the restricted license shall provide written notice to the licensing board or licensing commission, as appropriate, as to whether the restricted license holder complied with all conditions imposed by the licensing board or licensing commission under subsection (c). If the restricted license holder meets all of the other qualifications for licensure under the applicable practice act, the licensing board or licensing commission, as appropriate, shall issue a license to practice that occupation.

(f) Construction.--Nothing in this section shall be construed to restrict any of the other powers and duties of the licensing board or licensing commission, as applicable.

Effective Date. Section 6(1) of Act 53 of 2020 provided that the addition of section 3112.1 shall take effect in 180 days.

Special Provisions in Appendix. See section 5 of Act 53 of 2020 in the appendix to this title for special provisions relating to applicability.

Cross References. Section 3112.1 is referred to in sections 3116, 3118 of this title; section 9124 of Title 18 (Crimes and Offenses).