OFFICIAL OPINION No. 8

OFFICIAL OPINION No. 8 Names- Wu111 e11-Marriage-Right uf married 1cu111c11 to 11.~e other than husband's .~u nw me-Professional and Occupational Affairs. 1. For purposes of licensure under the jurisdiction of the Professional and Oc- cupational Affairs, a woman has the right to use the following names: (1) the name assigned at birth; (2) in the case of a married woman. the surname of her husband, if she so elects: (3) the name appearing in a court order in the case of a person whose name has been changed. pursuant to statute, by judicial action; (4) in the case of an individual who uses a name other than that determined by one of the above methods. the name by which such person is and has been known as demonstrated by reasonable evidence. 2. Opinions No. 62 and 72 of 1973 followed. Honorable Louis P. Vitti Commissioner Professional & Occupational Affairs Harrisburg, Pennsylvania Dear Commissioner Vitti: Harrisburg, Pa. January 31, 1974 On several occasions our advice has been requested regardingthe name under which a woman may register for purposes of licensure with the various boards and commissions under your jurisdiction. We have already advised the State Board of Nurse Examiners and State Board of Funeral Directors on this subject and, at the request of the Governor's Commission on the Status of Women we deem it appropriate to advise you formally of our opinion as it i's applicable to all such boards and commissions. 5. This could be done pursuant to Section 202 of the Department of Banking Code of May 15. 1933. P.L. 565. as amended. 71 P.S. §78:3-202 as well as Sections 1602 and 1603 of the Administrative Code of April 9. 1929. P.L. 177 as amended 71 p S §§422. 4~:3 . ' . . . OPINIONS OF THE ATTORNEY GENERAL 29 In Opinion~ No. 62of1973, 3 Pa. Bulletin 2155 and No. 72of 1973, 3 Pa .. Bulletin 2657, we considered, respectively, the rights of married women to use other than their husband's surname for pur- pose.s of mot~r yehicle registration and voter registration. The con- clus10n of Opm10n No. 62, which we followed in Opinion No. 72, was that a person has the right to use any of the following names: "(l) The name assigned to a person at birth; (2) in the case of a married woman, the surname of her husband, if she so elects; (3) the name appearing in a court order in the case of a person whose name has been changed, pursuant to statute, by judicial action; and (4) in the case of an in- dividual who uses a name other than that which would be determined by one of the above methods, the name by which such person is and has been known as demonstrated by reasonable evidence. While not intended to be inclusive, such evidence may include tax, social security, selective service and voter registration records." In Opinion No. 62 we were concerned with the statutory language: "actual name." In Opinion 72 we dealt with the contruc- tion of the word "surname." In both opinions, we concluded, as set forth in the above-quoted portion, that a woman has the right to use that name by which she consistently elects to be identified. We have reviewed the various licensing statutes under your jurisdiction. They contain no special provisions regarding the name under which a licensee may be registered, with the exception of cer- tain references to fictitious or corporate names which are allowed in certain professions. Insofar as individual licensees are concerned, the statutes refer, generally, to the "name" of the licensee. Accor- dingly, it is our opinion, and you are hereby advised, that the above opinions are equally applicable to the boards and commissions un- der your jurisdiction and that individual licensees may be registered under such names as are allowed therein. Please make this opinion known to each such board and commission. Very truly yours, Gerald Gornish Deputy Attorney General