Regular Session 2015-2016 Senate Bill 0538 P.N. 0989

PRIOR PRINTER'S NO. 519

PRINTER'S NO. 989

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

538

Session of

2015

INTRODUCED BY TOMLINSON, MENSCH, VANCE, SCHWANK, HUGHES,

RAFFERTY AND BOSCOLA, FEBRUARY 25, 2015

AS AMENDED ON SECOND CONSIDERATION, JUNE 1, 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," providing for reporting of sanctions and

criminal proceedings and for temporary and automatic

suspension.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. 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 by adding sections to read:

Section 2.1. Reporting of sanctions and criminal proceedings.

(a) Duty.--An individual who holds a license, certificate or

registration issued by the Bureau of Professional and

Occupational Affairs Licensure shall, as a condition of

licensure, certification or registration, do all of the

following:

(1) Report to the appropriate licensing board or

licensing commission a disciplinary action taken against the

licensee, certificate holder or registrant by a licensing

agency of another jurisdiction.

(2) Report to the appropriate licensing board or

licensing commission any arrest, indictment or conviction of

the licensee, certificate holder or registrant.

(b) Time.--A report under subsection (a) shall be made as

follows:

(1) Within 30 days of the imposition of the sanction

under subsection (a)(1).

(2) Except as set forth in paragraph (3), within 30 days

of the earlier of:

(i) an arrest under subsection (a)(2); or

(ii) an indictment under subsection (a)(2) . ; OR

(III) A CONVICTION UNDER SUBSECTION (A)(2).

(3) In the case of a criminal action under subsection

(a)(2) which is initiated prior to the effective date of this

paragraph, within 30 days from the later of:

(i) the date of conviction; or

(ii) the effective date of this paragraph.

shall take disciplinary action against a licensee, certificate

holder or registrant who violates this section.

Section 3.1. Temporary and automatic suspension.

(a) Temporary suspension.--A licensing board or licensing

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commission may temporarily suspend a license, certificate or

registration under circumstances as determined by the board or

commission to be an immediate and clear danger to the public

health and safety. The board or commission shall issue an order

to that effect without a hearing, but upon due notice, to the

licensee or , certificate holder OR REGISTRANT concerned at his

last known address, which shall include a written statement of

all allegations against the licensee or , certificate holder OR

REGISTRANT . The board or commission shall thereupon commence

formal action to suspend, revoke or restrict the license or ,

certificate OR REGISTRATION of the person concerned as otherwise

provided for by law. All actions shall be taken promptly and

without delay.

(b) Hearing.--Within 30 days following the issuance of an

order temporarily suspending a license, CERTIFICATE OR

REGISTRATION, the licensing board or licensing commission shall

conduct or cause to be conducted a preliminary hearing to

determine that there is a prima facie case supporting the

suspension. The licensee or , certificate holder OR REGISTRANT

whose license or , certificate OR REGISTRATION has been

temporarily suspended may be present at the preliminary hearing

and may be represented by counsel, cross-examine witnesses,

inspect physical evidence, call witnesses, offer evidence and

testimony and make a record of the proceedings. If it is

determined that there is not a prima facie case, the suspended

license , CERTIFICATE OR REGISTRATION shall be immediately

restored. The temporary suspension shall remain in effect until

vacated by the board or commission, but in no event longer than

180 days.

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REGISTRATION issued by a licensing board or licensing commission

shall automatically be suspended upon:

(1) the legal commitment to an institution of a licensee

or , certificate holder OR REGISTRANT because of mental

incompetency from any cause upon filing with the board or

commission a certified copy of the commitment; or

(2) conviction of a felony under the act of April 14,

1972 (P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act, or conviction of an offense

under the laws of another jurisdiction, which, if committed

in this Commonwealth, would be a felony under The Controlled

Substance, Drug, Device and Cosmetic Act.

(d) Stay.--Automatic suspension under subsection (c) shall

not be stayed pending any appeal of a conviction.

(e) Restoration.--Restoration of a license or , certificate

OR REGISTRATION shall be made as provided by law in the case of

revocation or suspension of the license or , certificate OR

REGISTRATION .

(f) Definition.--As used in this section, the term

"conviction" shall include a judgment, an admission of guilt or

a plea of nolo contendere.

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

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