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

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1.  Section 5(b) and (d) of the act of July 2, 1993
12(P.L.345, No.48), entitled "An act empowering the General
13Counsel or his designee to issue subpoenas for certain licensing
14board activities; providing for hearing examiners in the Bureau
15of Professional and Occupational Affairs; providing additional
16powers to the Commissioner of Professional and Occupational
17Affairs; and further providing for civil penalties and license
18suspension," amended July 17, 2009 (P.L.95, No.25), are amended 
19and the section is amended by adding subsections to read:

20Section 5.  Civil penalties.

1* * *

2(b)  Additional powers.--In addition to the disciplinary
3powers and duties of the boards and commissions within the
4Bureau of Professional and Occupational Affairs under their
5respective practice acts, boards and commissions shall have the
6power, respectively:

7(1)  To impose discipline, including, but not limited to,
8a civil penalty of up to $10,000 per violation on any
9licensee, registrant, certificate holder, permit holder or
10unlicensed person who violates a lawful disciplinary order of
11the board.

12(2)  To impose discipline, including, but not limited to,
13a civil penalty of up to $10,000 per violation on any
14licensee, registrant, certificate holder, permit holder or
15unlicensed person who aids and abets the unlicensed practice
16of a profession, occupation or business.

17(3)  To levy a civil penalty of not more than $10,000 per
18violation on any corporation, partnership, institution,
19association or sole proprietorship which aids and abets any
20individual in the unlicensed practice of a profession. This
21penalty shall not, however, be levied against any person
22solely as a consequence of that person being a patient or
23client of the unlicensed individual.

24(4)  To levy a civil penalty of not more than $10,000 per
25violation on any licensee, registrant, certificate holder,
26permit holder or unlicensed person who violates any provision
27of the applicable licensing act or board regulation.

28(5)  To assess against the respondent determined to be in 
29violation of the disciplinary provisions administered by a 
30licensing board or commission in a disciplinary proceeding 

1pending before the board or commission for final 
2determination, as part of the sanction, the costs of 
3investigation underlying that disciplinary action. The cost 
4of investigation shall not include those costs incurred by 
5the board or commission after the filing of formal actions or 
6disciplinary charges against the respondent.

7(6)  To collect all fees, costs, fines and penalties
8assessed as a result of a disciplinary proceeding before a
9licensing board or commission.

10(7)  To deny, suspend or revoke a license, registration,
11certification or permit for failure to pay any penalty, fee,
12interest or cost assessed as a result of a disciplinary
13proceeding before a licensing board or commission.

14* * *

15(d)  Status of civil penalty.--Any civil penalty, together 
16with any associated fee, interest or cost, imposed pursuant to 
17this section or imposed by any licensing board or commission 
18under any other act shall be a judgment in favor of the Bureau 
19of Professional and Occupational Affairs upon the person or the 
20property of the person, whether real or personal, and including 
21any after-acquired property, upon whom the civil penalty is 
22imposed. The Attorney General shall be responsible for enforcing 
23such judgments in courts of competent jurisdiction in accordance 
24with the provisions of 42 Pa.C.S. (relating to judiciary and 
25judicial procedure).

26(d.1)  Entry of judgment.--Within 60 months of the final
27disposition of a disciplinary case, if an unpaid civil penalty,
28fee, interest and cost of a licensee, registrant, certificate
29holder or permit holder total $1,000 or more, the licensing
30board or commission, or its respective agent, may transmit a

1copy of the final disposition to the prothonotary of the court
2of common pleas in the county where the licensee, registrant,
3certificate holder or permit holder, or property of the
4licensee, registrant, certificate holder or permit holder, upon
5whom the penalty, fee, interest and cost are imposed is located.
6The prothonotary shall enter and docket the same without
7requiring payment of costs as a condition precedent to the entry
8thereof. The total of the penalty, fee, interest and cost shall
9be entered as a judgment upon the licensee, registrant,
10certificate holder or permit holder regardless of whether the
11amount has been ordered to be paid in installments.

12(d.2)  Priority of lien.--Any lien obtained under this
13section shall maintain its priority indefinitely, and no writ of
14revival need be filed.

15(d.3)  Execution.--A writ of execution may directly issue
16upon the lien without the issuance and prosecution to judgment
17of a writ of scire facias provided that a notice of the filing
18and the effect of the lien be provided to the licensee,
19registrant, certificate holder or permit holder not less than
20ten days before the execution on the lien. Notice may be sent by
21registered mail to the last known address of the licensee,
22registrant, certificate holder or permit holder.

23(d.4)  Exception to execution.--The lien shall have no effect
24upon any stock of goods, wares or merchandise regularly sold or
25leased in the ordinary course of business by the licensee,
26registrant, certificate holder or permit holder against whom the
27lien has been entered, unless and until a writ of execution has
28been issued and a levy made upon the stock of goods, wares and
29merchandise.

30(d.5)  Satisfaction.--Once a judgment is paid in full to the

1licensing board or commission, or its respective agent, the
2licensing board or commission, or its respective agent, shall,
3within 90 days, notify the prothonotary in writing of receipt of
4payment in full and request the judgment be noted as satisfied
5in full.

6* * *

7Section 2.  This act shall take effect in 60 days.