Last Updated: Mar 15, 2021
Legislation introduced in the Pennsylvania House of Representatives would allow professional licensees to find out if an action is permissible by their state board before doing the action.
HB 325, introduced by Rep. Keith J. Greiner, would allow licensed professionals to receive advice from licensing boards, under the purview of the Pa. Department of State’s (DOS) Bureau of Professional and Occupational Affairs (BPOA), concerning the meaning or interpretation of an act or regulation pertaining to the licensee.
Under existing Pennsylvania law, licensing boards cannot render advisory opinions. As HB 325’s Co-Sponsorship Memoranda states “this has been particularly burdensome for licensees during the COVID-19 pandemic when they attempt to inquire with their respective licensing boards about waived or suspended regulations or guidance issued by the boards and they are told they cannot be provided advice.”
Pursuant to HB 325, state boards would be able to answer inquiries from licensees through the form of an advisory opinion. The advisory opinion would be nonbinding to the board except with respect to the individual whom the opinion was rendered. Advisory opinions would be public records and may be published. This legislation would allow individuals to find out if some action is permissible by the state board before doing the action, thus negating possible licensure sanctions against the licensee for performing an action that a state board later deems to be impermissible under a licensing law.
Click here to read HB 325 in its entirety.
The Pennsylvania Medical Society (PAMED) supports HB 325 and thanks Rep. Greiner for his efforts on this issue.