S0538B1108A02569 AJB:JMT 06/24/15 #90 A02569
AMENDMENTS TO SENATE BILL NO. 538
Sponsor: REPRESENTATIVE HARPER
Printer's No. 1108
Amend Bill, page 1, line 21, by striking out "A DEFINITION"
and inserting
definitions
Amend Bill, page 3, by inserting between lines 5 and 6
"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.
* * *
Amend Bill, page 5, line 20, by striking out "5(B)" and
inserting
5(a), (b)
Amend Bill, page 5, line 21, by inserting after "ADDED"
July 17, 2009 (P.L.95, No.25) and
Amend Bill, page 5, line 24, by striking out all of said line
and inserting
(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
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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
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 subject to
the following conditions:
(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.
(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) The imposition of discipline must have been for
a violation involving:
(A) Failure to complete continuing education
requirements or practicing for six months or less on
a lapsed license, registration, certificate or
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permit. At least four years must have elapsed since
the final disposition of the disciplinary record at
the time of application for expungement.
(B) Any violation, except those which resulted
in license suspension or revocation, in which at
least ten years have elapsed since the final
disposition of the disciplinary record at the time of
application for expungement.
Disciplinary records involving imposition of discipline
for violations other than those identified in clauses (A)
and (B) 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.
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