Trial Engrossment of Amendment A02198 to Senate Bill 0354 P.N. 0710, Regular Session 2017-2018

A02198

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

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL

LICENSURE, AS AMENDED, APRIL 18, 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 definitions; providing for

reporting of sanctions and criminal proceedings and for

temporary and automatic suspension; and further providing for

civil penalties.

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 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 an 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

described 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) that 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 1. Section 1 of the act of July 2, 1993 (P.L.345,

No.48), entitled "An act empowering the General Counsel or his

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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 a definition to read:

Section 1. Definitions.

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:

* * *

"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,

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

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may take disciplinary action against a licensee who violates

this section.

Section 3.1. Temporary and automatic suspension.

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

commission may temporarily suspend a license, certificate or ,

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 or , certificate holder OR REGISTRANT

concerned at his the licensee's last known address, which shall

include a written statement of all allegations against the

licensee or , certificate holder OR REGISTRANT . After issuing the

order, the licensing board or commission shall commence formal

action to suspend, revoke or restrict the license or ,

certificate OR , 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 temporarily suspending a license, CERTIFICATE OR

REGISTRATION of temporary suspension , the licensing board or

licensing 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 or , certificate

holder OR REGISTRANT whose license or , certificate OR ,

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 OR ,

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.

REGISTRATION or permit 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 for 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 an appeal of a conviction.

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

OR , REGISTRATION or permit shall be made as provided by law in

the case of revocation or suspension of the license or ,

certificate OR , REGISTRATION or permit .

(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 3. Section 5(b), (d.1), (d.3) and (d.4) of the act

are amended to read:

Section 5. Civil penalties.

A02198 - 5 -

* * *

(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

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

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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

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

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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

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

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