49 Pa. Code § 43b.402

Current through Register Vol. 54, No. 49, December 7, 2024
Section 43b.402 - Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Bureau-The Bureau of Professional and Occupational Affairs within the Department of State of the Commonwealth.

Directly relates-The nature of the criminal conduct for which the individual was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the profession or occupation for which the individual seeks a license, certificate, registration or permit.

Drug trafficking offense-A violation of section 13(a)(14), (30) or (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(14), (30) and (37)), if the controlled substance or a mixture containing the controlled substance meets the quantity or weight limitations set forth within the definition of "drug trafficking offense" at 63 Pa.C.S. § 3113(i) (relating to consideration of criminal convictions).

Healing arts-The science and skill of diagnosis or treatment in any manner whatsoever of disease or any ailment of the human body.

Health care practitioner-An individual who is authorized to practice some component of the healing arts by a license, certificate, registration or permit issued by any of the following licensing boards within the Bureau:

(1) The State Board of Chiropractic.
(2) The State Board of Dentistry.
(3) The State Board of Examiners in Speech-Language Pathology and Audiology.
(4) The State Board of Medicine.
(5) The State Board of Nursing.
(6) The State Board of Occupational Therapy Education and Licensure.
(7) The State Board of Optometry.
(8) The State Board of Osteopathic Medicine.
(9) The State Board of Pharmacy.
(10) The State Board of Physical Therapy.
(11) The State Board of Podiatry.
(12) The State Board of Psychology.
(13) The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, pertaining only to licensed clinical social workers, licensed marriage and family therapists and licensed professional counselors.

Preliminary determination-An evaluation of an individual's criminal history information submitted to a professional or occupational licensing board or commission to determine whether the individual's criminal conviction or convictions directly relate to the profession or occupation for which the individual is seeking a license, certificate, permit or registration, or would otherwise be grounds to refuse to issue a license, certificate, permit or registration as set forth in 63 Pa.C.S. § 3113(d), (e) or (f).

49 Pa. Code § 43b.402

Adopted by Pennsylvania Bulletin, Vol 54, No. 42. October 19, 2024, effective 10/19/2024