Introduction
Obtaining and maintaining a professional license is crucial for individuals pursuing careers in various fields. However, a felony conviction can pose significant challenges, and in Pennsylvania, the consequences on professional licensure are carefully outlined. This blog post aims to shed light on the repercussions of felony convictions on licensure for specific professions and the avenues available for individuals seeking rehabilitation.
Boards Prohibiting Licensure After Felony Convictions
Pennsylvania recognizes the importance of public safety and the integrity of professional practices. As such, thirteen boards within the state are prohibited from issuing a license to individuals convicted of a felony under the Controlled Substance, Drug, Device and Cosmetic Act (CSA), or an equivalent offense under the laws of another jurisdiction. The key conditions under which licensure may be considered include:
Elapse of Ten Years:
At least ten years must have passed from the date of the felony conviction.
Demonstrated Rehabilitation:
The applicant must satisfactorily demonstrate significant progress in personal rehabilitation since the conviction. This includes evidence that licensure is not expected to create a substantial risk of harm to patients/clients, the public, or a substantial risk of further criminal violations.
Satisfaction of Qualifications:
The applicant must meet all other qualifications contained in or authorized by the relevant act governing the specific profession.
Professions and Statutory Citations
The following is a list of professions and corresponding statutory citations for boards that consider felony convictions under the CSA when evaluating licensure:
- Chiropractor (63 P.S. § 625.501(a)(7))
- Crane Operator (63 P.S. § 2400.502(c)(1))
- Dentist (63 P.S. § 122(c))
- Massage Therapist (63 P.S. § 627.5(a)(6))
- Various Medical Professions (Physician, Physician Assistant, Nurse-Midwife, etc.) (63 P.S. § 422.22(b))
- Various Nursing Professions (Registered Nurse, Licensed Dietitian-Nutritionist, etc.) (63 P.S. § 216(c), § 655)
- Optometrist (63 P.S. § 655)
- Various Osteopathic Professions (Osteopathic Physician, Physician Assistant, etc.) (63 P.S. § 271.6(c))
- Pharmacist (63 P.S. § 390-3(a)(6))
- Physical Therapist (63 P.S. § 1306(a))
- Psychologist (63 P.S. § 1206(a)(5))
- Various Social Work and Counseling Professions (Licensed Social Worker, Licensed Clinical Social Worker, etc.) (63 P.S. § 1907(a), (b), (d), (e), and (f))
- Veterinarian (63 P.S. § 485.9(b)(4))
Additional Considerations for Other Professions
Beyond the specified professions, other licensure and certifications may also be impacted by felony convictions. For instance:
- Insurance Agents and Brokers (31 § 37.46(7)(i))
- Veterinary Technicians (49 Pa. Code § 31.32(5))
- Private Detectives (22 P.S. § 16(b))
Conclusion
Understanding the consequences of felony convictions on professional licensure is essential for individuals pursuing careers in regulated fields. While Pennsylvania does not impose a lifetime ban on professional licensure, the stringent criteria emphasize the importance of rehabilitation and demonstrated progress. Individuals seeking licensure are encouraged to seek guidance from legal professionals, such as The McShane Firm, for a comprehensive understanding of the impact of their criminal history and the potential pathways to licensure.
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