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HOUSE AMENDED
PRIOR PRINTER'S NOS. 348, 710, 992, 1373
PRINTER'S NO. 1426
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
354
Session of
2017
INTRODUCED BY TOMLINSON, BOSCOLA, MENSCH, SCHWANK, HUGHES,
RAFFERTY, BROWNE AND SABATINA, FEBRUARY 15, 2017
AS REPORTED FROM COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES,
AS AMENDED, JANUARY 23, 2018
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; providing for
reporting of sanctions and criminal proceedings and for
suspension; and further providing 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 by adding definitions to read:
Section 1. Definitions.
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The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"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.
* * *
"Licensee." Any person holding a license, registration,
certificate or permit with a licensing board or commission under
the Bureau of Professional and Occupational Affairs in the
Department of State.
* * *
Section 2. The act is amended by adding sections to read:
Section 2.1. Reporting of sanctions and criminal proceedings.
(a) Duty.--A licensee, as a condition of licensure,
certification, registration or holding a permit, shall provide
written notice of the following to the appropriate licensing
board or commission within 30 days:
(1) A disciplinary action taken against the licensee by
a licensing agency of another jurisdiction.
(2) A finding or verdict of guilt, an admission of
guilt, a plea of nolo contendere, probation without verdict,
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a disposition in lieu of trial or an Accelerated
Rehabilitative Disposition of any felony or misdemeanor
offense and any drug or alcohol related summary offense .
(b) Sanctions.--A licensing board or licensing commission
may take disciplinary action against a licensee who violates
this section.
Section 3.1. Suspension .
(a) Temporary suspension.--A licensing board or commission
may temporarily suspend a license, certificate , registration or
permit under circumstances as determined by the board or
commission to be an immediate and clear danger to the public
health and safety. The licensing board or commission shall issue
an order to that effect without a hearing, but upon due notice,
to the licensee concerned at the licensee's last known address,
which shall include a written statement of all allegations
against the licensee. After issuing the order, the licensing
board or commission shall commence formal action to suspend,
revoke or restrict the license , certificate , registration or
permit 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 of temporary suspension , the licensing board or commission
shall conduct or cause to be conducted a preliminary hearing to
determine whether there is a prima facie case supporting the
suspension. The licensee whose license , certificate ,
registration or permit 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
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prima facie case, the suspended license , certificate ,
registration or permit shall be immediately restored. The
temporary suspension shall remain in effect until vacated by the
licensing board or commission, but in no event longer than 180
days.
(c) Restoration.--Restoration of a license , certificate ,
registration or permit shall be made as provided by law in the
case of revocation or suspension of the license , certificate ,
registration or permit .
Section 3. Section 5(a), (b), (d.1), (d.3) and (d.4) of the
act are 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
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
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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, if the
imposition of discipline was for a violation involving
failure to complete continuing education requirements or
practicing for six months or less on a lapsed license,
registration, certificate or permit, subject to the
following:
(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.
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(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) Disciplinary records involving imposition of
discipline for violations other than those identified in
this paragraph 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.
(b) Additional powers.--In addition to the disciplinary
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
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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
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
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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.
* * *
(d.1) Entry of judgment.--Within 60 months of the final
disposition of a disciplinary case, if an unpaid civil penalty,
fee, interest and cost of a licensee[, registrant, certificate
holder or permit holder] total $1,000 or more, the licensing
board or commission, or its respective agent, may transmit a
copy of the final disposition to the prothonotary of the court
of common pleas in the county where the licensee[, registrant,
certificate holder or permit holder,] or property of the
licensee[, registrant, certificate holder or permit holder,]
upon whom the penalty, fee, interest and cost are imposed is
located. The prothonotary shall enter and docket the same
without requiring payment of costs as a condition precedent to
the entry thereof. The total of the penalty, fee, interest and
cost shall be entered as a judgment upon the licensee[,
registrant, certificate holder or permit holder] regardless of
whether the amount has been ordered to be paid in installments.
* * *
(d.3) Execution.--A writ of execution may directly issue
upon the lien without the issuance and prosecution to judgment
of a writ of scire facias, provided that a notice of the filing
and the effect of the lien be provided to the licensee[,
registrant, certificate holder or permit holder] not less than
ten days before the execution on the lien. Notice may be sent by
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registered mail to the last known address of the licensee[,
registrant, certificate holder or permit holder].
(d.4) Exception to execution.--The lien shall have no effect
upon any stock of goods, wares or merchandise regularly sold or
leased in the ordinary course of business by the licensee[,
registrant, certificate holder or permit holder] against whom
the lien has been entered, unless and until a writ of execution
has been issued and a levy made upon the stock of goods, wares
and merchandise.
* * *
Section 4. This act shall take effect in 60 days.
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