Burns' bill would fully implement interstate licensure compacts in health care

Apr. 15—HARRISBURG — A hitch in the ability for Pennsylvania health care practitioners to benefit from interstate licensure compacts could be resolved with the adoption of a bill proposal that advanced Monday within the state House.

Nurses and doctors from member states who opted into the Nurse Licensure Compact and the Interstate Medical Compact, for example, can work within Pennsylvania or via telemedicine without additional credentials. However, their Pennsylvania-based counterparts can't benefit in the same way because of unsettled issues with the FBI concerning fingerprinting and background checks.

State Rep. Frank Burns, D-Cambria, describes his proposal, House Bill 2200, as "compromise legislation." It advanced by unanimous vote out of the Professional Licensure Committee, which Burns chairs. Following the committee's meeting, Burns said he expects the bill could get a floor vote later this month.

"This is legislation that really impacts a lot of people. We have to do this to increase our workforce in Pennsylvania and allow for more opportunity," Burns said. "It really behooves us to update this so we're on a level playing field with other states."

A spokesperson for the Department of State, which oversees the state licensing boards and commissions, said the Shapiro administration supports the bill.

The bill would require Pennsylvania-based nurses, physicians and other eligible workers who want to work under multi-state compacts to undergo fingerprinting as part of a criminal background check by the state police and the FBI.

Background checks would also be required of anyone seeking an initial license, certificate, registration or permit.

A criminal conviction could be the basis of a denial of a license or compact reciprocity by a licensing board or commission.

Current license holders not seeking to work out of state under the compacts would not be required to undergo such checks unless they pursue a new, different license.

Commonwealth Secretary Al Schmidt testified during a budget hearing earlier this year that the FBI wouldn't permit the Pennsylvania Department of State access to its background check information for fingerprints. That's what led to the partial implementation of the Nurse Licensure Compact in September, a compact that includes 41 states and territories.

Burns' bill would establish that Pennsylvania State Police would share applicants' fingerprints with the FBI and subsequently share the end results with the Department of State to finalize authorization.

The Department of State would be required to adhere to state and federal laws and regulations in protecting the confidentiality of the background check data. It would be prohibited from sharing the information with any other entity.

Burns said existing interstate compacts for emergency medical services and psychologists would also benefit from his legislative proposal. He said that he expects it to receive support in the House and Senate and eventually be signed into law by Gov. Josh Shapiro. He said he also expects forthcoming compacts for other health care professions.