S0354B0710A02198 BIL:JSL 06/21/17 #90 A02198
AMENDMENTS TO SENATE BILL NO. 354
Sponsor: REPRESENTATIVE MUSTIO
Printer's No. 710
Amend Bill, page 1, line 8, by inserting after "suspension,""
further providing for definitions;
Amend Bill, page 1, line 10, by inserting after "suspension"
; and further providing for civil penalties
Amend Bill, page 1, lines 13 through 21; page 2, lines 1
through 28; by striking out all of said lines on said pages and
inserting
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 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,
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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.
Amend Bill, page 2, line 30, by striking out "licensing"
where it occurs the second time
Amend Bill, page 3, line 1, by striking out "or" and
inserting a comma
Amend Bill, page 3, line 2, by inserting after "registration"
or permit
Amend Bill, page 3, line 4, by inserting after "The"
licensing
Amend Bill, page 3, line 6, by striking out ", certificate
holder OR REGISTRANT "
Amend Bill, page 3, line 6, by striking out "his" and
inserting
the licensee's
Amend Bill, page 3, lines 8 and 9, by striking out "or ,
certificate holder OR REGISTRANT "
Amend Bill, page 3, line 9, by inserting after "the" where it
occurs the second time
licensing
Amend Bill, page 3, line 11, by striking out "OR" and
inserting a comma
Amend Bill, page 3, line 11, by inserting after
"REGISTRATION"
or permit
Amend Bill, page 3, lines 15 and 16, by striking out
"temporarily suspending a license, CERTIFICATE OR REGISTRATION "
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and inserting
of temporary suspension
Amend Bill, page 3, line 16, by striking out "licensing"
where it occurs the second time
Amend Bill, page 3, line 19, by striking out ", certificate
holder OR REGISTRANT "
Amend Bill, page 3, line 20, by striking out "OR" and
inserting a comma
Amend Bill, page 3, line 20, by inserting after
"REGISTRATION"
or permit
Amend Bill, page 3, line 26, by striking out "OR" and
inserting a comma
Amend Bill, page 3, line 26, by inserting after
"REGISTRATION"
or permit
Amend Bill, page 3, line 28, by inserting after "the"
licensing
Amend Bill, page 3, line 30, by striking out "OR" and
inserting a comma
Amend Bill, page 4, line 1, by inserting after "REGISTRATION"
or permit
Amend Bill, page 4, line 1, by striking out "licensing" where
it occurs the second time
Amend Bill, page 4, line 4, by striking out ", certificate
holder OR REGISTRANT "
Amend Bill, page 4, line 16, by striking out "OR" and
inserting a comma
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Amend Bill, page 4, line 16, by inserting after
"REGISTRATION"
or permit
Amend Bill, page 4, line 17, by striking out "OR" and
inserting a comma
Amend Bill, page 4, line 18, by inserting after
"REGISTRATION"
or permit
Amend Bill, page 4, lines 19 through 21, by striking out all
of said lines and inserting
Section 3. Section 5(b), (d.1), (d.3) and (d.4) of the act
are amended to read:
Section 5. Civil penalties.
* * *
(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
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.
* * *
Amend Bill, page 4, line 22, by striking out "2" and
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inserting
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