§ 73.42. Exemptions from licensure.
The following schools and their admissions representatives are exempt from licensure, except that they may elect to obtain an optional license under § 73.31 (relating to general):
(1) A private academic school, which falls under the Private Academic Schools Act (24 P. S. § § 6701—6721) and this part.
(2) A school or class providing training for the vocation of homemaking. Schools or classes which fall into this category are those where the training is specifically designed and advertised as being for home use, as opposed to commercial or business use, and where students are instructed in areas such as cooking, nutrition, child care, consumerism and home decorating.
(3) A school or class providing training in public service or other service occupations. Persons engaged in public service occupations are limited to ambulance personnel, emergency medical technicians, firefighters, police, school bus drivers and school crossing guards. Persons engaged in other service occupations are limited to maids, butlers and chauffeurs.
(4) A barber school or a school of cosmetology.
(5) A school that provides training or instruction in flying and which is being regulated by the Federal Aviation Administration.
(6) A private tutorial school that provides individual instruction, including schools in music or dance or individual instruction by a private tutor in other areas.
(7) A school authorized to award degrees under 24 Pa.C.S. § 6505 (relating to power to confer degrees), other than those schools approved to award specialized associate degrees under § § 42.11—42.14 (relating to specialized associate degree programs approval procedure).
(8) In-house programs of education or training, such as those provided free of charge by employers or trade unions to their employes or members.
(9) A school owned and operated by a bona fide religious institution for the sole purpose of giving religious instruction.
(10) A school operated by the Commonwealth or a political subdivision thereof, such as the Department of Education’s Stevens State School of Technology, community colleges or area vocational technical schools.
(11) A school which is operated by a hospital licensed under the Health Care Facilities Act (35 P. S. § § 448.101—448.904) and which is accredited by a regional or National accreditation agency.
Source The provisions of this § 73.42 adopted September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334.
Notes of Decisions Private Tutorial School
The Private Licensed School Act (24 P. S. § § 6501—6518) and its defining regulations are not void for vagueness, nor have the constitutional rights of the operator of bartending classes been violated, where there is a regulation defining ‘‘private tutorial school’’ and the operator had a reasonable opportunity to know whether the bartending classes he conducted needed to be licensed. Blanco v. State Board of Private Licensed Schools, 718 A.2d 1283 (Pa. Cmwlth. 1998); appeal denied 737 A.2d 1226 (Pa. 1999).
An operator’s bartending courses do not fall within the ‘‘private tutor’’ exemption from licensing, where he holds his courses for groups of people in hotel conference rooms and is not even familiar with the student’s names. Blanco v. State Board of Private Licensed Schools, 718 A.2d 1283 (Pa. Cmwlth. 1998).
Cross References This section cited in 22 Pa. Code § 73.41 (relating to private licensed schools and admissions representatives).
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