State officials may be taking another swing at drafting rules designed to make it easier for people with criminal records to earn professional licenses in Pennsylvania.
- That’s because a regulatory review panel gave the latest version a thumbs down at a meeting last week.
- Members of the Independent Regulatory Review Commission were concerned about some of the provisions and the potential impact on public health and safety, according to David Sumner, the commission’s executive director.
- The rules, for example, would not make prior convictions for forgery or identity theft an automatic impediment for people seeking to be licensed as certified public accountants.
- “That raised some concerns with our commissioners,” Sumner told biznewsPA after the commission’s decision Thursday.
- He noted that public health and welfare are among the criteria the commission applies to all proposed regulations that come before it.
Why is this happening: The five-member regulatory review commission is one of the final stops for state rules before they take effect.
- In this case, the commission was considering the final version of rules carrying out Act 53, a state law enacted in 2020.
- The law aims to smooth the path for people with criminal convictions who want to become accountants, barbers, real estate agents or other professionals required to obtain state licenses.
- The Pennsylvania Department of State, which oversees state licensing boards through the Bureau of Professional and Occupational Affairs, first proposed rules in 2022.
- But they met stiff opposition, including from sponsors of the 2020 law.
- Critics argued the rules did not do enough to open up the licensing process.
- State regulators went back to the drawing board and, earlier this year, offered up a version that met with wide acceptance, including from the Pennsylvania Chamber of Business and Industry.
- The rules narrowed the lists of crimes considered relevant for each profession and set time limits for factoring them into licensing decisions.
What’s next: The regulatory review commission will issue written comments, giving regulators a 40-day window to revise the rules, if they choose, Sumner said.
- The Department of State appeared unready as of Friday afternoon to commit to a course of action.
- “We are disappointed in the decision and are evaluating next steps,” an agency spokesperson said in an emailed statement. “The department, along with the Shapiro administration, remains committed to reducing barriers to professional practice for qualified Pennsylvanians.”
How do supporters feel: Optimistic that the agency will be able to fine-tune the rules so they satisfy the commission while preserving their original intent.
- “I am hopeful that with a few revisions, the Bureau of Professional and Occupational Affairs can resubmit regulations that will allow our long-sought and much-needed occupational licensing reforms to be implemented,” state Sen. John DiSanto said in a statement.
- DiSanto, a Dauphin County Republican, was among those sponsoring the legislation that became Act 53.
- The revisions may add more crimes to the lists, said Katie Svoboda-Kindle, a senior staff attorney for Philadelphia-based Community Legal Services.
- But, she said, “We still will end up with lists that are much more narrowly tailored and reasonable than the original lists were.”
The background: More than one million people in Pennsylvania need a state license to do their jobs.
- Roughly 80,000 people apply for licenses each year, according to the state.
