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                                                       PRINTER'S NO. 661

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 595 Session of 2007


        INTRODUCED BY MILLARD, CALTAGIRONE, DALEY, DALLY, FREEMAN,
           GEIST, HENNESSEY, MARKOSEK, MYERS, SAYLOR, SCAVELLO,
           SCHRODER, STERN, YOUNGBLOOD AND SIPTROTH, MARCH 6, 2007

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 6, 2007

                                     AN ACT

     1  Amending the act of July 2, 1993 (P.L.345, No.48), entitled "An
     2     act empowering the General Counsel or his designee to issue
     3     subpoenas for certain licensing board activities; providing
     4     for hearing examiners in the Bureau of Professional and
     5     Occupational Affairs; providing additional powers to the
     6     Commissioner of Professional and Occupational Affairs; and
     7     further providing for civil penalties and license
     8     suspension," providing for duty of licensees, registrants,
     9     certificate holders and permit holders.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  The act of July 2, 1993 (P.L.345, No.48),
    13  entitled "An act empowering the General Counsel or his designee
    14  to issue subpoenas for certain licensing board activities;
    15  providing for hearing examiners in the Bureau of Professional
    16  and Occupational Affairs; providing additional powers to the
    17  Commissioner of Professional and Occupational Affairs; and
    18  further providing for civil penalties and license suspension,"
    19  is amended by adding a section to read:
    20  Section 4.1.  Duty of licensees, registrants, certificate
    21                     holders and permit holders.

     1     (a)  General rule.--A licensee, registrant, certificate
     2  holder or permit holder shall have a duty to provide
     3  information, documents and records requested by a licensing
     4  board or licensing commission when the licensing board or
     5  licensing commission is investigating or prosecuting a
     6  disciplinary matter.
     7     (b)  Unprofessional conduct.--Notwithstanding any other
     8  provisions of law to the contrary, failure to provide
     9  information, documents or records requested by a licensing board
    10  or licensing commission as set forth in subsection (a) shall
    11  constitute unprofessional conduct.
    12     (c)  Penalty.--Notwithstanding any provision of law to the
    13  contrary, a licensing board or licensing commission shall have
    14  the power to refuse, suspend or revoke a license or registration
    15  or certificate or permit or levy a fine up to $1,000, or both,
    16  on a licensee, registrant, certificate holder or permit holder
    17  who fails to provide information, documents or records as
    18  provided in this section.
    19     Section 2.  This act shall take effect in 60 days.








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