49 Pa. Code § 43b.448 - Schedule of criminal convictions-state Board of Social Workers, Marriage and Family Therapists and Professional Counselors
(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
Social Workers, Marriage and Family Therapists and Professional Counselors
(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) and (2) 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) The following 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. §
2713 (relating to neglect of care-dependent
person).
(iii)18 Pa.C.S. §
2713.1 (relating to abuse of care-dependent
person).
(iv)18 Pa.C.S.
§
4303 (relating to concealing death of
child).
(v)18 Pa.C.S.
§
4958 (relating to intimidation,
retaliation or obstruction in child abuse cases).
(vi)23 Pa.C.S. §
6319 (relating to penalties), pertaining to
failure to report suspected child abuse.
(vii)23 Pa.C.S. §
6346 (relating to cooperation of other
agencies), pertaining to willful failure to cooperate in investigation of child
abuse.
(viii) Section 1407 of the
Human Services Code (62 P.S. §
1407),
pertaining to Medicaid fraud.
(ix)
Criminal attempt, criminal conspiracy or criminal solicitation to commit any of
the offenses listed in sub-paragraphs (i)-(viii).
(x) An equivalent crime under the laws of
this Commonwealth in effect at the time of the commission of that
offense.
(xi) 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).
Notes
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