Current through Register Vol. 54, No. 44, November 2, 2024
Section 43b.438 - Schedule of criminal convictions-state Board of Nursing(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Nursing (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).(b) A conviction of any of the criminal offenses set forth in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board. (1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).(2) A drug trafficking offense in accordance with § 43b.404(d).(3) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual's licensure, certification, permitting or registration poses a substantial risk to the individual's patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i): (i)18 Pa.C.S. § 2505 (relating to causing or aiding suicide).(ii)18 Pa.C.S. § 2605 (relating to voluntary manslaughter of unborn child).(iii)18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).(iv)18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).(v)18 Pa.C.S. § 3212 (relating to infanticide).(vi)18 Pa.C.S. § 3216 (relating to fetal experimentation).(vii)18 Pa.C.S. § 4305 (relating to dealing in infant children).(viii)18 Pa.C.S. § 4906.1 (relating to false reports of child abuse).(ix)18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).(x)18 Pa.C.S. § 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).(xi)18 Pa.C.S. § 5106 (relating to failure to report injuries by firearm or criminal act).(xii)18 Pa.C.S. § 5112 (relating to obstructing emergency services).(xiii)18 Pa.C.S. § 5510 (relating to abuse of corpse).(xiv)18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory).(xv)18 Pa.C.S. § 7509 (relating to furnishing drug-free urine).(xvi)18 U.S.C.A. § 1035, regarding false statements relating to health care matters.(xvii)18 U.S.C.A. § 1347, regarding health care fraud.(xviii)23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.(xiv) Section 13(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(a)(2), (5), (6), (12), (13), (14), (17), (21), (25), (26), (27), (28), (30), (35), (36) and (37)), pertaining to certain violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§ 780-101-780-144).(xx) Section 1302 of the Medical Marijuana Act (35 P.S. § 10231.1302), regarding criminal diversion of medical marijuana.(xxi) Section 1306 of the Medical Marijuana Act (35 P.S. § 10231.1306), regarding adulteration of medical marijuana).(xxii) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.(xxiii) Section 13(a) of the Professional Nursing Law (63 P.S. § 223(a)), pertaining to violations of the Professional Nursing Law (63 P.S. §§ 211-225.5).(xxiv) Section 8(13) and (15) of the Pharmacy Act (63 P.S. § 390-8(13) and (15)), pertaining to procuring a drug by fraud in violation of the Pharmacy Act (63 P.S. §§ 390-1-390-13).(xxv) Section 15 of the Practical Nurse Law (63 P.S. § 665), pertaining to violations of the Practical Nurse Law (63 P.S. §§ 651-667.8).(xxvi) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)-(xxv).(xxvii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.(xxviii) An equivalent crime in another jurisdiction.(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual's patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board's determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).Adopted by Pennsylvania Bulletin, Vol 54, No. 42. October 19, 2024, effective 10/19/2024