The Pennsylvania's Criminal History Record Information Act (CHRIA) 18 Pa.C.S.A. § 9124 controls how public and private entities use Pennsylvania criminal arrest and conviction records. CHRIA controls how potential employers and Pennsylvania's licensing boards may use prior criminal convictions in application and disciplinary matters. CHRIA also governs Pennsylvania's expungement process. CHRIA allows private lawsuits for illegal dissemination of expunged criminal histories. Two recent developments involving CHRIA are noteworthy.
The Pennsylvania Department of State regulates licensed professionals and provides reports on the types of discipline that those individuals receive from their specific licensing boards. As in other jurisdictions and states, pharmacists are required to hold professional licenses to practice and must renew their licenses periodically in order to stay current in their jobs. A variety of actions may cause them to have their licenses suspended. As a result, their options to work in their chosen field may be curtailed.
On February 28, 2019 Commonwealth Court issued a decision reversing a Pennsylvania Medical Board order reprimanding a physician. The order reprimanding the physician stems from a medical malpractice case. The patient died and the Medical Board accused the physician of practicing below the standard of care. The physician objected to the public reprimand placed on his license. The Commonwealth Court agreed, striking the discipline.
How do you get out of Pennsylvania's Professional Health Monitoring Program ("PHMP"). The PHMP administers both the Voluntary Recovery Program "VRP" and the Disciplinary Monitoring Program ("DMU"). As a licensed professional voluntarily enrolled in the PHMP - VRP - or forced into the DMU, you agreed to PHMP terms to keep working. You have been compliant for over three years. Now you think the program time is up!
Artifice and fraud schemes are rampant in healthcare and insurance. Typical insurance fraud criminal charges will result in licensee disciplinary action. By typical I mean submitting claims for unemployment benefits while working another job or failing to report accurately income amounts to qualify for child and other state Medicare/ Medicaid benefits.
Emergency medical technicians offer an invaluable service to the citizens of Philadelphia. They are important first responders who reach individuals in need long before they arrive at hospitals and emergency facilities. They save lives and cope with incomparable stresses all while providing important services to those in need.