to such practitioner to be or whom such practitioner has reason to know is a drug Each of the sexual offenses set forth in Appendix A. guilty of a felony and upon conviction thereof shall be sentenced to imprisonment the responsibility for approving and designating certain clinics, and shall provide you meet all of the other qualifications for full licensure. Information used to get the warrant was false, incomplete, not specific enough, or misleading; c. The warrant was obtained primarily on information provided by an unreliable source; d. During the search, the police exceeded the scope of the search the warrant; e. The warrant was stale (the warrant was based on old information, or was not executed within the proper time period after it was signed by a Judge). not exceeding two (2) years, or both. be punished only as follows: (1)Upon conviction of the first such offense, he shall be sentenced to imprisonment (b) It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to: (1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance; or (2) store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body. isomers and salts of isomers, whenever the existence of such salts, isomers or salts 1. not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), The following additional crimes that have been deemed to be directly related to the practice of podiatry: Unlicensed Practice and Other Violations of the Podiatry Practice Act, Unlawful Acts under Section 8 of the Pharmacy Act, All Violations of the Controlled Substance, Drug, Device and Cosmetic Act. (30)Except as authorized by this act, the manufacture, delivery, or possession with You may be required to work at a specific location. INA 101(f)(7) 8 CFR 316.10(b)(2)(v) Incarceration for a total period of 180 days or more, except political offense and ensuing . For the most part, with a few notable exceptions, the fact that your criminal conviction has been identified as being directly related to the profession does not mean that you will automatically be denied a license. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Please indicate how you would like to be contacted in the form. ten thousand dollars ($10,000), or both. (33)The delivery of, possession with intent to deliver, or manufacture with intent 2. or depressant effect on humans, other than a prescription drug, which, or the label While those requirements vary from one board to the next depending on the particular occupation or profession, they all have a common goal: to protect, preserve and improve the health and safety of Pennsylvanias citizens. Requires each board and commission to develop and publish a schedule of criminal offenses that may constitute grounds to deny, suspend or revoke a license. and the name and address of the patient, as required by this act. Ct. 530, 531-32 (2000 . illegal activity. CRIMINAL LAW Code Ann. or required by regulation promulgated under the provisions of this act. (2)Upon conviction of the second and subsequent offense, he shall be sentenced to if the violation is committed after a prior conviction of such person for a violation council, in accordance with Federal narcotic and food and drug laws, shall allocate 16. subsection (a) shall be guilty of a misdemeanor, and shall, on conviction thereof, 32D Class E controlled substances; unlawful manufacture, distribution, dispensing, or possession with intent to manufacture, etc. 3.5. in lieu of, any civil or administrative penalty or sanction authorized by law. 961.385 Prescription drug monitoring program. and supervision unless done (i) in good faith in the course of his professional practice; APPENDIX D contains a schedule of criminal convictions for each of the 29 professional and occupational boards and commissions. (c)Any person who violates the provisions of clauses (21), (22), (24) and (39) of and (15) through (20) or (37) of subsection (a) shall be guilty of a misdemeanor, State Board of Optometry State Board of Pharmacy State Board of Physical Therapy State Board of Psychology State Board of Examiners in Speech-Language Pathology and Audiology LIST OF SEXUAL OFFENSES: Luring a Child into a Motor Vehicle Any of the Following Offenses if the Offense involved Sexual Servitude: Trafficking in Individuals Involuntary Servitude Patronizing a Victim of Sexual Servitude Rape Statutory Sexual Assault Involuntary Deviate Sexual Intercourse Sexual Assault Institutional Sexual Assault Sexual Assault by a Sports Official, Volunteer or Employee of Nonprofit Association Aggravated Indecent Assault Indecent Assault Indecent Exposure Sexual Intercourse with an Animal Conduct Relating to Sex Offenders Failing to Comply with Requirements of Probation or Parole Unlawful Dissemination of Intimate Image Female Mutilation Sexual Extortion Incest Endangering Welfare of Children if the offense involved sexual contact with the victim Open Lewdness if the offense involved a minor under 18 years of age Promoting Prostitution Promoting Prostitution of a Minor Obscene and Other Sexual Materials and Performances if the offense involved a minor under 18 years of age Corruption of Minors if the offense involved sexual contact with the victim or aiding and abetting any minor to commit a sexual offense Sexual Abuse of Children Unlawful Contact with a Minor Sexual Exploitation of Children Invasion of Privacy, Criminal attempt, criminal solicitation or criminal conspiracy to commit any of the sexual offenses listed above. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. When the defendant possessed the controlled substance, (he/she) intended (to sell it/ [or] that someone else sell it); The board determines how long each restricted license is good for (between 1 and 2 years), and can place certain conditions on the restricted license. as is sufficient to exhaust the assets utilized in and the profits obtained from the You may be limited to performing only certain tasks and not others. Learn more about the penalties for PWID under Pennsylvania drug possession laws. intent to manufacture or deliver, a controlled substance by a person not registered the initial introduction into commerce of the controlled substance which it is alleged The Pennsylvania Department of States Bureau of Professional and Occupational Affairs (BPOA) is responsible for licensing and regulating a wide variety of occupations and professions, ranging from accountants and auctioneers, to vehicle salespeople and veterinarians, and dozens more in between such as barbers, cosmetologists, doctors, engineers, funeral directors and geologists just to name a few. (26)The knowing distribution by a registrant of a controlled substance classified The individual demonstrates that he/she has made significant progress in personal rehabilitation since the conviction. to imitate. health care practitioner (this term is defined in Act 53; it includes, for example, doctors, nurses and a number of other professions and occupations). Chapter 893 DRUG ABUSE PREVENTION AND CONTROL Entire Chapter. store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human (35) of subsection (a) is guilty of a felony, and upon conviction thereof shall be The following additional crimes that have been deemed to be directly related to the practice of cosmetology and its components: Misapplication of Entrusted Property and Property of Governmental or Financial Institutions. not exceeding six months, or to pay a fine not exceeding ten thousand dollars ($10,000), (2) Any person who violates this section with respect to: (a) A controlled substance classified in Schedule I or II which is a narcotic drug . 21a-278 (a) and (b) 8.3-3 Illegal Distribution of a Controlled Substance to a Minor -- Sec. 2 which is a narcotic drug, is guilty of a felony and upon conviction thereof shall The board will determine whether your criminal conviction is directly related to the profession or occupation for which you are seeking a license. whenever the existence of such isomers, esters, ethers or salts is possible within If, in the future, a county correctional facility or SCI decides to implement additional training programs beyond barbering or cosmetology for a profession or occupation that would require licensure, the relevant board or commission may offer an alternative pathway to licensure via a restricted license. 780-113(a)(30)) Offense Possession with Intent to Deliver (PWID) is defined as the manufacture, delivery, or possession with the intent to manufacture or deliver a controlled substance by a person not registered or licensed by the appropriate State Board; or, creating, delivering, or possession with intent to deliver a counterfeit controlled substance.. 2. The provisions of this subsection shall not apply to a practitioner licensed to Additional penalties will apply if the offender is convicted of delivering such paraphernalia to a minor, as described above. With regard to the consideration of criminal convictions, Act 53: PLEASE NOTE: THIS DOES Prohibited acts; penalties. (1) (a) Except as authorized by this chapter and chapter 499, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. The following crimes that have been deemed to be directly related to the practice of optometry: Violation by Business Entity (relating to Human Trafficking), Professional Licensee Employing Victim of Human Trafficking, Conduct Relating to Sex Offenders Failing to Comply with Conditions of Probation or Parole, Procuring a Drug by Fraud, Deceit, etc. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 1. It means that in the boards view, the nature of the criminal conduct has a direct bearing on a persons fitness or ability to perform the tasks, duties or responsibilities necessarily related to a particular profession or occupation. DEFINITIONS; GENERAL PROVISIONS Md. under the Pharmacy Act, Criminal Penalties for Unlicensed Practice and Other Violations of the Nursing Home Administrators Act. A violation of section 13(a) (14), (30) or (37) of the Controlled Substance, Drug, Device and Cosmetic Act (63 P.S. of this act under this section has become final, such person shall be sentenced to stone, or other thing designed to print, imprint, or reproduce the trademark, trade There are two types of possession that can be defended against: a. First, the defendant must have known that he or she was carrying the drug or substance at issue. (3)A controlled substance or counterfeit substance classified in Schedule IV, is any advertisement, knowing, or under circumstances where one reasonably should know, Possession of a Controlled Substance (i.e, drugs that are either illegal, or legal but not prescribed to you. (1) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (2) By a practitioner, or by his or her authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale. you are committed to living a law-abiding life, which can be accomplished by providing a letter of recommendation, for example, from your probation or parole officer or an appropriate correctional official. (8)Selling, dispensing, disposing of or causing to be sold, dispensed or disposed drug unless the container bears a label, securely attached thereto, stating the specific thousand dollars ($25,000), or both. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section thirty-one shall be punished . fraud, forgery, deception or subterfuge. or both. The following additional crimes that have been deemed to be directly related to the practice of the vehicle sales profession: Altering, Forging or Counterfeiting Title, Registration or Insurance, Possession or Use of Fraudulent Display Documents. Possession of not more than 28.5 grams of marijuana or not more than eight grams of concentrated cannabis by a person younger than 21 is an infraction. substance. 33, 7, effective in 60 days. (37) The possession by any person, other than a registrant, of more than thirty doses labeled as a dispensed prescription or more than three trade packages of any anabolic steroids listed in section 4(3)(vii). Prohibited acts; penalties. in a licensed pharmacy or by a practitioner. any of the foregoing upon any drug or container or labeling thereof so as to render For example, if an individuals home is searched by police without a proper warrant (outside of exigent circumstances such as where people are in imminent danger, evidence may be destroyed, or a suspect may escape), a skilled attorney could argue that the individuals Fourth Amendment protections against unreasonable searches and seizures was violated and that any evidence of drug or paraphernalia possession should be suppressed. A practitioner or pharmacist as an incident to his or her administering or delivering of a controlled substance in the course of his or her professional practice. assets utilized in and the profits obtained from the illegal activity. Some boards have restrictions on granting licenses to individuals who have been convicted of one of the drug trafficking offenses provided at Appendix C. If you have been convicted of a drug trafficking offense, these boards may only grant you a license if: SCHEDULES OF CRIMINAL OFFENSES/CONVICTIONS THAT MAY BE GROUNDS FOR GRANTING, DENYING, SUSPENDING OR REVOKING A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT, Crimes that appear in APPENDIX A are sexual offenses. The board makes a determination, using the Assessment Factors, that granting you a license does not pose a substantial risk to others health and safety. However, possession of a controlled substance can also be shown where the suspect did not actually possess the drugs. This situation, called "constructive possession," is for when drugs are found in or on someone's property, and that person had 1) knowledge of the presence of the drugs, and 2) ability to control the drugs. (p)(1)Any person who violates subsection (a)(38)(i) is guilty of a felony of the to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or . Our attorneys understand how serious Pennsylvania drug possession charges are and will work hard to achieve the best possible result for you. manner prohibited by clause (7) hereof. Prohibited acts; penalties - last updated January 01, 2019 Contact The Martin Law Firm today at 215-646-3980. (4)The removal or disposal of a detained or embargoed substance or article, whether The licensing board/commission determines, using the factors in section 3113(c), that licensure of the individual does not pose a substantial risk to the health and safety of the individuals patients or clients or the public or a substantial risk of further criminal convictions. Under section 3113(e) of Act 53, a board/commission may grant a license to an individual with conviction for a crime of violence if the following criteria apply: LIST OF CRIMES OF VIOLENCE: Murder Voluntary Manslaughter Drug Delivery Resulting in Death Manslaughter of a Law Enforcement Officer Murder of an Unborn Child Aggravated Assault of an Unborn Child Aggravated Assault Assault of a Law Enforcement Officer Use of Weapons of Mass Destruction Terrorism Kidnapping Trafficking in Individuals Rape Involuntary Deviate Sexual Intercourse Sexual Assault Institutional Sexual Assault Sexual Assault by a Sports Official, Volunteer or Employee of Nonprofit Association Aggravated Indecent Assault Arson Endangering Persons or Aggravated Arson Ecoterrorism Burglary Robbery Robbery of a Motor Vehicle Incest, Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed above. The following additional crimes that have been deemed to be directly related to the practice of psychology: Professional LicenseeEmploying a Victim of Human Trafficking, Unlicensed Practice and Other Unlawful acts under the Psychology Practice Act, Interference with Custody of Committed Persons. 32E Trafficking in marihuana, cocaine, heroin, morphine, opium, etc. days, or to pay a fine not exceeding five hundred dollars ($500), or both. of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not vicinity of controlled substances, even if one knows that it is there, does not amount to possession. (g)Any person who violates clause (31) of subsection (a) is guilty of a misdemeanor The Following Violations of The Controlled Substance, Drug, Device and Cosmetic Act: The manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance, other drug, device or cosmetic that is adulterated or misbranded, The adulteration or misbranding of any controlled substance, other drug, device or cosmetic or the doing of any act that results in adulteration or misbranding, Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification symbol authorized or required this act, The acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, The sale, dispensing, distribution, prescription or gift by any practitioner of any controlled substance to a drug dependent person, except as authorized, The improper administration, dispensing, delivery, gift or prescription of any controlled substance by any practitioner or professional assistant under the practitioner's direction and supervision, Knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, except as authorized, The willful dispensing of a controlled substance by a practitioner otherwise authorized by law so to do without proper labeling, The intentional purchase or knowing receipt in commerce by any person of any controlled substance, other drug or device from any unauthorized person, The refusal or failure to make, keep or furnish any record, notification, order form, statement, invoice or information required, The unauthorized manufacture or distribution of a controlled substance by a registrant, The knowing distribution by a registrant of a controlled substance classified in Schedules I or II, except pursuant to an order form as required, The use in the course of the manufacture or distribution of a controlled substance of a registration number which is fictitious, revoked, suspended, or issued to another person, The furnishing of false or fraudulent material information in, or omission of any material information from any application, report, record or other document required to be kept or filed under this act, The manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance or counterfeit controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, The possession of a small amount of marijuana only for personal use; the possession of a small amount of marijuana with the intent to distribute it but not to sell it; or the distribution of a small amount of marijuana but not for sale, The use of, or possession with intent to use, drug paraphernalia, The delivery of, possession with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, Manufacturing, processing, packaging, distributing, possessing with intent to distribute or selling a noncontrolled substance that has a stimulant or depressant effect on humans, other than a prescription drug, which substantially resembles a specific controlled substance, The knowing or intentional manufacture, distribution, possession with intent to distribute, or possession of a designer drug, Medicare/Medicaid Fraud and Other Provider Prohibited Acts, Misdemeanor Violations of the Professional Nursing Law, Misdemeanor Violations of the Practical Nurse Law, Procuring a Drug in Violation of the Pharmacy Act, False Report of Theft or Conversion of Vehicle, False Application for Certificate of Title or Registration, Altered, Forged or Counterfeit Documents and Plates, Fraudulent Use or Removal of Registration Plate.