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§ 3109. Confidentiality of records of licensure boards

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 Pa.C.S.A. Professions and Occupations (State Licensed)Effective: July 1, 2020

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 Pa.C.S.A. Professions and Occupations (State Licensed) (Refs & Annos)
Part II. Bureau of Professional and Occupational Affairs
Chapter 31. Powers and Duties
Effective: July 1, 2020
63 Pa.C.S.A. § 3109
Formerly cited as PA ST 63 P.S. § 2205.1
§ 3109. Confidentiality of records of licensure boards
Currentness
(a) General rule.--
(1) All records under section 708(b)(17) of the Right-to-Know Law1 relating to a noncriminal investigation, including prosecutorial memos and transcripts of depositions, undertaken by the Bureau of Enforcement and Investigation and the Prosecution Division of the Department of State, Office of Chief Counsel on behalf of the licensing boards within the Department of State or concerning a licensure-related complaint filed with the Department of State shall be confidential and privileged.
(2) No person who has investigated or has access to or custody of documents, materials or information that are confidential and privileged under this subsection shall be required to testify in a judicial or administrative proceeding unless directed to do so by a court of competent jurisdiction without the written consent of the licensing board that regulates the profession involved.
(3) This subsection shall not preclude or limit introduction of the contents of an investigative file or related witness testimony in a hearing or proceeding held before the licensing boards within the Department of State.
(4) This section shall not apply to letters to a licensee or other documents that disclose the final outcome of an investigation or to final adjudications or orders issued by the licensure board.
(b) Certain disclosure permitted.--
(1) Except as provided under subsection (a), this section shall not prevent disclosure of documents, materials or information pertaining to the status of a license, permit or certificate issued or prepared by the licensing boards or the sharing of information with law enforcement authorities or professional licensure regulatory boards in other jurisdictions or information relating to a public disciplinary proceeding or hearing.
(2) Any other disclosure of records under section 708(b)(17) of the Right-to-Know Law relating to a noncriminal investigation, including prosecutorial memos and transcripts of depositions by employees or agents of the Department of State, Office of Chief Counsel, Bureau of Professional and Occupational Affairs and the Bureau of Enforcement and Investigation may be made only in furtherance of an investigation or prosecution of alleged violations of applicable licensing statutes, codes or regulations.
(3) Violations of this subsection shall subject the employee or agent to administrative discipline, including discharge, suspension or other formal or appropriate disciplinary action.
(c) Confidentiality affidavits.--All employees and agents of the Department of State, Office of Chief Counsel, Bureau of Professional and Occupational Affairs and the Bureau of Enforcement and Investigation shall execute a confidentiality affidavit that provides that documents, materials or information under subsection (a), obtained by employees and agents of the Department of State, Office of Chief Counsel, Bureau of Professional and Occupational Affairs and the Bureau of Enforcement and Investigation shall be considered confidential and may be disclosed only as permitted under subsections (a) and (b).
(d) Waiver prohibited.--A licensing board or licensing commission may not require an applicant to waive any confidentiality provided for under this section as a condition for the approval of a license or any other action of the board.

Credits

2020, July 1, P.L. 575, No. 53, § 2, imd. effective.

Footnotes

1
65 P.S. § 67.708.
63 Pa.C.S.A. § 3109, PA ST 63 Pa.C.S.A. § 3109
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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