PRINTER'S NO. 42
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
63
Session of
2015
INTRODUCED BY GREENLEAF, KITCHEN, STACK AND VULAKOVICH,
JANUARY 14, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 14, 2015
AN ACT
Amending the act of July 2, 1993 (P.L.345, No.48), entitled "An
act empowering the General Counsel or his designee to issue
subpoenas for certain licensing board activities; providing
for hearing examiners in the Bureau of Professional and
Occupational Affairs; providing additional powers to the
Commissioner of Professional and Occupational Affairs; and
further providing for civil penalties and license
suspension," further providing for definitions and for civil
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of July 2, 1993 (P.L.345,
No.48), entitled "An act empowering the General Counsel or his
designee to issue subpoenas for certain licensing board
activities; providing for hearing examiners in the Bureau of
Professional and Occupational Affairs; providing additional
powers to the Commissioner of Professional and Occupational
Affairs; and further providing for civil penalties and license
suspension," is amended to read:
Section 1. Definitions.
The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Disciplinary matter." Any matter subject to a licensing
board's or commission's jurisdiction in which the licensing
board or commission has the authority to refuse, suspend, revoke
or limit a license, registration, certificate or permit or to
impose a civil penalty or other discipline under any act.
"Expunge" or "expungement." Removal of a disciplinary
record, accomplished by:
(1) permanently sealing the affected record from public
access ;
(2) deeming the proceedings to which the affected record
refers as not having occurred ; and
(3) except with respect to any subsequent application
for expungement, affording the affected party the right to
represent that no record exists regarding the subject matter
of the affected record.
"Licensing boards." Those departmental or administrative
boards under the Bureau of Professional and Occupational Affairs
in the Department of State.
"Licensing commissions." Those departmental or
administrative commissions under the Bureau of Professional and
Occupational Affairs in the Department of State.
Section 2. Section 5(a) of the act, amended July 17, 2009
(P.L.95, No.25), is amended to read:
Section 5. Civil penalties.
(a) Authorization.--
(1) The Commissioner of Professional and Occupational
Affairs, after consultation with the licensing boards and
commissions, shall have the power to adopt a schedule of
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civil penalties for operating without a current, registered,
unsuspended and unrevoked license, registration, certificate
or permit and for violating any provision of their respective
acts or regulations relating to the conduct or operation of a
business or facility licensed by such licensing boards and
commissions. The schedule of penalties shall not be
applicable to disciplinary matters under the jurisdiction of
a licensing board or commission unless that licensing board
or commission has approved the schedule. The schedule of
penalties, guidelines for their imposition and procedures for
appeal shall be published in the Pennsylvania Bulletin,
provided that the commissioner shall, within two years of
such publication, promulgate a regulation setting forth the
schedule of penalties, guidelines and procedures. Any such
penalty shall not exceed the sum of $1,000 per violation.
Duly authorized agents of the bureau shall have the power and
authority to issue citations and impose penalties for any
such violations. Any such penalty imposed may be appealed to
a hearing examiner or the licensing board or commission
pursuant to the regulations promulgated under section 3(b).
If the appeal is initially to a hearing examiner, the
relevant licensing board or commission shall render a
decision on any exceptions to the decision of the hearing
examiner or on any applications for review in accordance with
section 3(d). All proceedings shall be conducted in
accordance with the provisions of 2 Pa.C.S. (relating to
administrative law and procedure).
(2) The Commissioner of Professional and Occupational
Affairs shall expunge the disciplinary record of a licensee,
registrant, certificate holder or permit holder subject to
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the following conditions:
(i) The licensee, registrant, certificate holder or
permit holder must make written application to the
commissioner for expungement not earlier than four years
from the final disposition of the disciplinary record.
(ii) The disciplinary record must be the only
disciplinary record that the licensee, registrant,
certificate holder or permit holder has with either the
commissioner or a licensing board or commission under the
commissioner's jurisdiction.
(iii) The licensee, registrant, certificate holder
or permit holder must not be the subject of an active
investigation related to professional or occupational
conduct.
(iv) The licensee, registrant, certificate holder or
permit holder must not be in a current disciplinary
status, and any fees or fines assessed must be paid in
full.
(v) The licensee, registrant, certificate holder or
permit holder must not have had a disciplinary record
previously expunged by the commissioner.
(vi) The imposition of discipline must have been for
a violation involving:
(A) failure to complete continuing education
requirements or practicing for six months or less on
a lapsed license, registration, certificate or
permit; or
(B) failure to renew and providing
misinformation to the licensing board resulting from
the failure to renew the license.
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At least four years must have elapsed since the final
disposition of the disciplinary record at the time of
application for expungement under clauses (A) and (B).
Disciplinary records involving imposition of discipline
for violations other than those identified in clauses (A)
and (B) shall not be eligible for expungement.
(vii) The licensee, registrant, certificate holder
or permit holder shall pay all costs associated with the
expungement as established by the commissioner by
regulation.
(3) Nothing in this subsection shall prohibit a
licensing board or commission from using a previous
discipline for any regulatory purpose or from releasing
records of a previous discipline upon request from law
enforcement or other governmental body as permitted by law.
* * *
Section 3. This act shall take effect in 60 days.
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