35 Pa. Stat. § 10231.502

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 10231.502 - Caregivers
(a)Requirements.--
(1) If the patient designates a caregiver, the application shall include the name, address and date of birth of the caregiver, and other individual identifying information required by the department and the following:
(i) Federal and Commonwealth criminal history record information as set forth in subsection (b).
(ii) If the caregiver has an identification card for the caregiver or another patient, the expiration date of the identification card.
(iii) Other information required by the department.
(2) The application shall be accompanied by a fee of $50. The department may waive or reduce the fee in cases of demonstrated financial hardship.
(3) The department may require additional information for the application.
(4) The application shall be signed and dated by the applicant.
(b)Criminal history.--A caregiver who has not been previously approved by the department under this section shall submit fingerprints for the purpose of obtaining criminal history record checks, and the Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions. Any criminal history record information relating to a caregiver obtained under this section by the department may be interpreted and used by the department only to determine the applicant's character, fitness and suitability to serve as a caregiver under this act. The criminal history record information provided under this subsection may not be subject to the limitations under 18 Pa.C.S. § 9121(b) (2) (relating to general regulations). The department shall also review the prescription drug monitoring program relating to the caregiver. The department shall deny the application of a caregiver who has been convicted of a criminal offense that occurred within the past five years relating to the sale or possession of drugs, narcotics or controlled substances. The department may deny an application if the applicant has a history of drug abuse or of diverting controlled substances or illegal drugs.

35 P.S. § 10231.502

Amended by P.L. 210 2021 No. 44, § 2, eff. 6/30/2021.
Added by P.L. TBD 2016 No. 16, § 502, eff. 5/17/2016.