March 2018 Archives

VRP - Letter of Concern - What It Really Means

Licensees call me asking what is the VRP "Letter of Concern." "Do I have to do all these things the packet asks me to do?" Do I have to answer these questions. This blog is a refresher of two prior blogs I wrote: VRP Letter of Concern and What is VRP Cooperation. Let's go through the first four items the Letter of Concern packet asks of each licensee.

Criminal Conviction - Professional License Suspensions and Mitigation Evidence

The Criminal History Record Information Act, 18 Pa. C.S. § 9124(c)(1) (CHIRA), requires Pennsylvania's licensing boards consider criminal convictions disclosed on license applications or which take place after licensure as a reason to discipline active licensees. Different licensing boards apply CHIRA’s rules differently.

On February 28, 2018 Commonwealth Court decided Bentley vs. BPOA, --- A.3d ---- (2018).  This cases expounds on how a licensing board abuses its discretion when it disciplines a licensee for criminal conduct not related to their license. In 2013 and 2014, Cosmetologist Bentley was convicted in two separate cases of possession with intent to deliver a controlled substance, forgery, aggravated assault, escape, and attempting to allude the police. Wow.

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