PRINTER'S NO. 1662
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1343
Session of
2017
INTRODUCED BY READSHAW, W. KELLER, McNEILL, LONGIETTI, WARD AND
D. COSTA, MAY 5, 2017
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 5, 2017
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 civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(b) 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 5. Civil penalties.
* * *
(b) Additional powers.--In addition to the disciplinary
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powers and duties of the boards and commissions within the
Bureau of Professional and Occupational Affairs under their
respective practice acts, boards and commissions shall have the
power, respectively:
(1) To impose discipline, including, but not limited to,
a civil penalty of up to $10,000 per violation on any
licensee, registrant, certificate holder, permit holder or
unlicensed person who violates a lawful disciplinary order of
the board.
(2) To impose discipline, including, but not limited to,
a civil penalty of up to $10,000 per violation on any
licensee, registrant, certificate holder, permit holder or
unlicensed person who aids and abets the unlicensed practice
of a profession, occupation or business.
(3) To levy a civil penalty of not more than $10,000 per
violation on any corporation, partnership, institution,
association or sole proprietorship which aids and abets any
individual in the unlicensed practice of a profession. This
penalty shall not, however, be levied against any person
solely as a consequence of that person being a patient or
client of the unlicensed individual.
(4) To levy a civil penalty of not more than $10,000 per
violation on any licensee, registrant, certificate holder,
permit holder or unlicensed person who violates any provision
of the applicable licensing act or board regulation.
(5) To assess against the respondent determined to be in
violation of the disciplinary provisions administered by a
licensing board or commission in a disciplinary proceeding
pending before the board or commission for final
determination, as part of the sanction, the costs of
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investigation underlying that disciplinary action. The cost
of investigation shall not include those costs incurred by
the board or commission after the filing of formal actions or
disciplinary charges against the respondent.
(6) To collect all fees, costs, fines and penalties
assessed as a result of a disciplinary proceeding before a
licensing board or commission.
(7) To deny, suspend or revoke a license, registration,
certification or permit for failure to pay any penalty, fee,
interest or cost assessed as a result of a disciplinary
proceeding before a licensing board or commission.
(8) To provide for the carryover of any continuing
education credits in excess of the number required for
biennial renewal. The carryover shall be valid for one
biennial renewal term only. As used in this paragraph, the
term "continuing education" includes any term similar in
nature used by the boards and commissions within the Bureau
of Professional and Occupational Affairs.
* * *
Section 2. This act shall take effect in 60 days.
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