Consumer Protection & Professional Licensure 2019-2020

The Senate Consumer Protection & Professional Licensure Committee met Tuesday, October 6, 2020 took action on the following bills:

Senate Bill 792 (Brooks) Amends the Automobile Lemon Law (No. 28 of 1984) by adding motorcycles under the coverage of the law.

                A07562 provides an exemption for ‘dual sport motorcycles’ and establishes repair obligations under the act for a period of up to 1 year at the time of delivery of the motorcycle or term of the warranty.  The amendment was adopted unanimously.

  • The bill as amended was reported out unanimously.

Senate Bill 870 (Killion) Amends the Medical Practice Act of 1985 by modifying the current requirements for physician assistants practicing under the supervision of a medical doctor and further providing for a position for a PA-C on the state medical board.

A07559 adds another physician to the state board of medicine; also provides continuity issues such as a change in supervision physician over a PA-C and provides a better process for that transition; also provides further clarity on the supervisory role of a physician and outlines the process for filing written agreements with the state board of medicine vs the current practice of board approval for each agreement.  The amendment was adopted unanimously.

  • The bill as amended was reported out of committee with Senator Dinniman voting in the negative.

Senate Bill 871 (Killion) Amends the Osteopathic Medical Practice Act of 1978 by modifying the current requirements for physician assistants practicing under the supervision of an osteopathic doctor and further providing for a position for a PA-C on the state osteopathic medical board.

A07571 adds another physician to the state board of osteopathic medicine; also provides continuity issues such as a change in supervision physician over a PA-C and provides a better process for that transition; also provides further clarity on the supervisory role of a physician and outlines the process for filing written agreements with the state board of osteopathic medicine vs the current practice of board approval for each agreement.  The amendment was adopted unanimously.

  • The bill as amended was reported out of committee with Senator Dinniman voting in the negative.

 

House Bill 26 (Snyder) Amends the Automobile Lemon Law (No. 28 of 1984) by adding motorcycles under the coverage of the law.

                A07561 provides an exemption for ‘dual sport motorcycles’ and establishes repair obligations under the act for a period of up to 1 year at the time of delivery of the motorcycle or term of the warranty.  The amendment was adopted unanimously.

  • The bill as amended was reported out unanimously.

House Bill 862 (Barrar) Establishes the Physical Therapy Licensure Compact Act and allows the Commonwealth to join the National Physical Therapy Licensure Compact.

  • The bill was reported out unanimously.

 

House Bill 2101 (Emrick) Amends the Engineer, Land Surveyor and Geologist Registration Act (No. 367 of 1945) to clarify scope of practice provisions and update the law to reflect current industry practices as well as services provided by professional engineers and land surveyors.

  • The bill was reported out unanimously.

 

House Bill 2561 (Schlegel-Culver) Amends the Optometric Practice and Licensure Act (No. 57 of 1980) to expand the scope of practice and prescriptive authority for optometrists.

  • The bill was reported out unanimously.

 

House Bill 2584 (Topper) Amends the Interstate Medical Licensure Compact (No. 112 of 2016) providing for multi-state licensure applicant background checks, administered through the FBI and via the Pennsylvania State Police, to allow PA to be accepted into the compact.

  • The bill was reported out unanimously.

The Senate Consumer Protection & Professional Licensure Committee met Tuesday, September 22, 2020 took action on the following bills:

Senate Bill 391 (Gordner) Amends the Optometric Practice and Licensure Act to expand the scope of the practice of optometry. A07428 removes language in the bill and makes it identical to HB 2561 (as amended by the House) which was an agreed to compromise on the issue.  The amendment was adopted unanimously.

The bill as amended was reported out unanimously.

Senate Bill 1112 (Phillips-Hill) Amends the Public Utility Code by repealing numerous sections of the code which pertain to requirements for landline telecommunication carriers and providers. A07291 addresses PUC concerns on limitations of future telecommunications regulations and implements a customer service dispute process.  The amendment was adopted with Senator Farnese voting in the negative.

The bill as amended was reported out of committee with Senator Farnese voting in the negative.

House Bill 770 (DeLuca) Amends the Pharmacy Act to establish licensing for pharmacy technicians, including educational requirements and licensure requirements, under the State Board of Pharmacists. A07303 establishes a limitation on biennial licensing fees for pharmacy technicians and addresses conflicts with language in the bill pertaining to criminal history for licensure.  The amendment was adopted unanimously.

The bill as amended was reported out unanimously.

House Bill 1534 (Matzie) Amends the Unfair Trade Practices and Consumer Protection Law to add definitions for pyramid promotional schemes and provide for inventory repurchase program protections. T

he bill was reported out unanimously.

House Bill 1947 (Kaufer) Amends the Medical Practice Act to reduce the clinical residency requirement from three year to two years for an applicant that has graduated from an unaccredited medical college (overseas) in order to receive a medical license in PA.

The bill was reported out unanimously.

The Senate Consumer Protection & Professional Licensure Committee met Tuesday, June 9, 2020 and took action on the following items.

The nomination of Kalonji Johnson for Commissioner of the Bureau of Professional & Occupational Affairs within the Department of State.

The nomination was reported favorably by committee unanimously.

Senate Bill 655 (Boscola) Authorizes the Commonwealth to join the national Nurse Licensure Compact

A06008 (Boscola) Adds language clarifying FBI background checks, prohibiting the dissemination of results and adds technical language for the process of enrolling in the compact.

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

Senate Bill 764 (Brooks) Amends the Telemarketer Registration Act by prohibiting the use of local phone numbers, known as spoofing, to be used for telemarketing practices, and further prohibits robocalls between 8pm and 8am.

A06006 (Tomlinson) Makes some technical changes to the bill, and clarifies the definition of ‘caller identification service.’

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

Senate Bill 1186 (Boscola) Amends the Medical Practice Act to address FBI criminal background checks and enables the Commonwealth to become fully vested in the Interstate Medical Licensure Compact.

The bill was reported out unanimously.

Senate Bill 1187 (Boscola) Amends the Osteopathic Medical Practice Act to address FBI criminal background checks and enables the Commonwealth to become fully vested in the Interstate Medical Licensure Compact.

The bill was reported out unanimously.

House Bill 21 (Helm) Amends the Real Estate Appraisers Certification Act, by licensing home inspectors in the Commonwealth and placing them under the jurisdiction of the State Board of Certified Real Estate Appraisers.

A05999 (Tomlinson) Alters the composition of the Real Estate Appraisers Board by adding 2 home inspectors to the board as well as 2 certified Pennsylvania evaluators (conforming with language in HB 1032).

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

House Bill 1032 (James) Amends the Real Estate Appraisers Certification Act, by providing for appointment of two Certified Pennsylvania Evaluators to serve on the State Board of Certified Real Estate Appraisers.

A06035 (Tomlinson) Alters the composition of the Real Estate Appraisers Board by adding 2 home inspectors to the board as well as 2 certified Pennsylvania evaluators (conforming with language in HB 21).

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

House Bill 1033 (Moul) Amends the Assessors Certification Act by clarifying that revaluation company personnel who are directly responsible for the valuation of real property must be certified as a Certified Pennsylvania Evaluator (CPE).

A06072 (Scavello [chair dsgn.] – on behalf of Farnese) Provides a 3-year compliance for assessors in Philadelphia County to comply with the act.

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

House Bill 1061 (Schroeder) Amends the Telemarketer Registration Act by requiring the Office of Attorney General to work with the Department of Aging in order to provide educational material and information to older consumers on deceptive telemarketing practices.

The bill was reported out unanimously.

The Senate Consumer Protection & Professional Licensure Committee met Wednesday, July 15, 2020 off the floor and took action on the following bill:

House Bill 2293 (Quinn) Amends Title 66 (Public Utilities) by creating a new section to require public utilities that deliver liquified natural gas through pipelines in high consequence areas to develop and file emergency response plans.

The bill was reported out unanimously.

The Senate Consumer Protection & Professional Licensure Committee met Tuesday, June 9, 2020 and took action on the following items.

The nomination of Kalonji Johnson for Commissioner of the Bureau of Professional & Occupational Affairs within the Department of State.

The nomination was reported favorably by committee unanimously.

Senate Bill 655 (Boscola) Authorizes the Commonwealth to join the national Nurse Licensure Compact

A06008 (Boscola) Adds language clarifying FBI background checks, prohibiting the dissemination of results and adds technical language for the process of enrolling in the compact.

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

Senate Bill 764 (Brooks) Amends the Telemarketer Registration Act by prohibiting the use of local phone numbers, known as spoofing, to be used for telemarketing practices, and further prohibits robocalls between 8pm and 8am.

A06006 (Tomlinson) Makes some technical changes to the bill, and clarifies the definition of ‘caller identification service.’

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

Senate Bill 1186 (Boscola) Amends the Medical Practice Act to address FBI criminal background checks and enables the Commonwealth to become fully vested in the Interstate Medical Licensure Compact.

The bill was reported out unanimously.

Senate Bill 1187 (Boscola) Amends the Osteopathic Medical Practice Act to address FBI criminal background checks and enables the Commonwealth to become fully vested in the Interstate Medical Licensure Compact.

The bill was reported out unanimously.

House Bill 21 (Helm) Amends the Real Estate Appraisers Certification Act, by licensing home inspectors in the Commonwealth and placing them under the jurisdiction of the State Board of Certified Real Estate Appraisers.

A05999 (Tomlinson) Alters the composition of the Real Estate Appraisers Board by adding 2 home inspectors to the board as well as 2 certified Pennsylvania evaluators (conforming with language in HB 1032).

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

House Bill 1032 (James) Amends the Real Estate Appraisers Certification Act, by providing for appointment of two Certified Pennsylvania Evaluators to serve on the State Board of Certified Real Estate Appraisers.

A06035 (Tomlinson) Alters the composition of the Real Estate Appraisers Board by adding 2 home inspectors to the board as well as 2 certified Pennsylvania evaluators (conforming with language in HB 21).

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

House Bill 1033 (Moul) Amends the Assessors Certification Act by clarifying that revaluation company personnel who are directly responsible for the valuation of real property must be certified as a Certified Pennsylvania Evaluator (CPE).

A06072 (Scavello [chair dsgn.] – on behalf of Farnese) Provides a 3-year compliance for assessors in Philadelphia County to comply with the act.

The amendment was adopted unanimously.

The bill, as amended, was reported out unanimously.

House Bill 1061 (Schroeder) Amends the Telemarketer Registration Act by requiring the Office of Attorney General to work with the Department of Aging in order to provide educational material and information to older consumers on deceptive telemarketing practices.

The bill was reported out unanimously.

The Senate Consumer Protection and Professional Licensure Committee met on Wednesday, October 30, 2019, and took action as follows:

Reported Out as Amended:

SB 596 (Mensch) The bill amends the Public Utility Code to establish a new section by regulating electric-vehicle charging stations and charging station infrastructure development and deployment. The bill was reported out unanimously.

SB 637 (DiSanto) The bill amends the Crimes Code by removing current restrictions for individuals with certain convictions and criminal history to be issued an occupational or professional license from the Commonwealth. The bill was reported out unanimously.

SB 640 (Boscola) The bill creates a free-standing Act which authorizes the Commonwealth to join the National Physical Therapy Licensure Compact and provides the process in which to implement enrollment in to the compact. The bill was reported out unanimously.

The Senate Consumer Protection and Professional Licensure Committee met on Wednesday, June 19, 2019, and took action as follows:

Reported Out as Committed:

SB 67 (J. Ward) The bill authorizes Pennsylvania to join the Psychology Interjurisdictional Licensure Compact (PSYPACT). The bill was reported out unanimously

SB 586 (Argall) The bill amends the Cosmetology Law by striking the ‘good moral character’ qualification for license applicants. The bill was reported out unanimously.

Reported Out as Amended:

SB 258 (Dinniman) The bill amends the Public Utility Code to create a new chapter on Pipeline Emergency Management Information. The bill was reported by a vote of 13-1.

SB 284 (Killion) The bill amends the Public Utility Confidential Security Information Disclosure Protection Act (No. 156 of 2006) by requiring pipeline operation and emergency response plans to be prepared, reviewed and approved by the Public Utility Commission. The bill was reported out unanimously.

The Senate Consumer Protection and Professional Licensure Committee met on Wednesday, June 12, 2019, and took action as follows:

Reported Out as Committed:

SB 325 (Gordner) The bill amends the Professional Nursing Law by providing title recognition and protection for certified registered nurse anesthetists. The bill was reported out unanimously.

HB 64 (Readshaw) The bill amends the Bureau of Professional & Occupational Affairs Act by authorizing the licensing boards under BPOA to permit carryover continuing education credits. The bill was reported out unanimously.

HB 751 (Roae) The bill amends the Public Utility Code to require water and wastewater public utilities to bear responsibility for contribution in aid of construction (CIAC) income tax expenses for ratemaking purposes. The bill was reported out unanimously.

The Senate Consumer Protection and Professional Licensure Committee met on Tuesday, June 4, 2019, and took action as follows:

Reported Out as Committed:

SB 698 (Gordner) The bill amends the Medical Practice Act to clarify physician authority to utilize a physician-designee to prepare and submit physician/physician-assistant written agreements to the Department of State. The bill was reported out unanimously.

SB 699 (Gordner) The bill amends the Osteopathic Medical Practice Act to clarify physician authority to utilize a physician-designee to prepare and submit physician/physician-assistant written agreements to the department of state. The bill was reported out unanimously.

HB 1166 (Jozwiak) The bill amends the Supplementary Act (Act 210 of 1889) to the Act to Establish a Board of Wardens for the Port of Philadelphia (Act 156 of 1803) by providing a rate increase for river pilots who navigate trade vessels along the Delaware River and its navigable tributaries. The bill was reported out unanimously.

Reported Out as Amended:

SB 356 (Boscola) The bill establishes the Military Spouse Licensure Portability Act in Pennsylvania. The bill was reported out unanimously.

HB 1172 (Hickernell) The bill admends the Act of July 2, 1993 (P.L. 345, No. 48), authorizing the Bureau of Professional and Occupational Affairs within the Department of State, by establishing an endorsement process for all of the boards and commissions within the bureau to grant provisional licenses to practice by applicants who are licensed to practice a profession in another state. The bill was reported out unanimously.

The Senate Consumer Protection and Professional Licensure Committee met on Wednesday, May 1, 2019, and took action as follows:

Reported Out as Committed:

SB 491 (J. Ward) The bill amends the Real Estate Appraisers Certification Act (No. 98 of 1990) by providing for the appointment of two Certified Pennsylvania Evaluators (CPEs) by the Governor to serve on the State Board of Certified Real Estate Appraisers. The bill was reported out unanimously.

SB 492 (Martin) The bill amends the Assessors Certification Act (No. 28 of 1992) by clarifying that revaluation company personnel who are directly responsible for the valuation of real property must be certified as a Certified Pennsylvania Evaluator (CPE). The bill was reported out unanimously.

SB 543 (Killion) The bill amends the Supplementary Act of Pilotage Rates (Act 210 of 1889) to the Act to establish a board of wardens for the Port of Philadelphia (Act 156 of 1803) by providing a rate increase for the River Pilots who navigate trade vessels along the Delaware River and its navigable tributaries. The bill was reported out unanimously.

HB 318 (Mizgorski) The bill amends the Telemarketer Registration Act (Act 147 of 1996) by providing for permanent enrollment in the “do-not-call” registry. The bill was reported out unanimously.

The Senate Consumer Protection and Professional Licensure Committee met on Wednesday, March 27, 2019, and took action as follows:

Reported Out as Committed:

SB 217 (Farnese) The bill amends the Assessors Certification Act of 1992 by removing the current exemption in the law for assessors in Philadelphia County. The bill was reported out unanimously.

Reported Out as Amended:

SB 25 (Bartolotta) The bill amends The Professional Nursing Law by providing for licensure of certified nurse practitioners in the Commonwealth. The bill was reported out unanimously.

SB 112 (Yaw) The bill amends Title 35 (Health and Safety) to expand the current limitations on providing opioid prescriptions from minors to include all individuals. The bill was reported out unanimously.