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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HARPER, THOMAS, BARRAR, COHEN, DAVIDSON, FLECK, FRANKEL, GINGRICH, GRELL, HESS, KORTZ, MICOZZIE, MILNE, READSHAW AND WAGNER, FEBRUARY 14, 2011 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending the act of July 2, 1993 (P.L.345, No.48), entitled "An |
2 | act empowering the General Counsel or his designee to issue |
3 | subpoenas for certain licensing board activities; providing |
4 | for hearing examiners in the Bureau of Professional and |
5 | Occupational Affairs; providing additional powers to the |
6 | Commissioner of Professional and Occupational Affairs; and |
7 | further providing for civil penalties and license |
8 | suspension," further providing for definitions and for civil |
9 | penalties. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 1 of the act of July 2, 1993 (P.L.345, |
13 | No.48), entitled "An act empowering the General Counsel or his |
14 | designee to issue subpoenas for certain licensing board |
15 | activities; providing for hearing examiners in the Bureau of |
16 | Professional and Occupational Affairs; providing additional |
17 | powers to the Commissioner of Professional and Occupational |
18 | Affairs; and further providing for civil penalties and license |
19 | suspension," is amended to read: |
20 | Section 1. Definitions. |
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1 | The following words and phrases when used in this act shall |
2 | have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Disciplinary matter." Any matter subject to a licensing |
5 | board's or commission's jurisdiction in which the licensing |
6 | board or commission has the authority to refuse, suspend, revoke |
7 | or limit a license, registration, certificate or permit or to |
8 | impose a civil penalty or other discipline under any act. |
9 | "Expunge" or "expungement." Removal of a disciplinary |
10 | record, accomplished by: |
11 | (1) Permanently sealing the affected record from public |
12 | access. |
13 | (2) Deeming the proceedings to which the affected record |
14 | refers as not having occurred. |
15 | (3) Except with respect to any subsequent application |
16 | for expungement, affording the affected party the right to |
17 | represent that no record exists regarding the subject matter |
18 | of the affected record. |
19 | "Licensing boards." Those departmental or administrative |
20 | boards under the Bureau of Professional and Occupational Affairs |
21 | in the Department of State. |
22 | "Licensing commissions." Those departmental or |
23 | administrative commissions under the Bureau of Professional and |
24 | Occupational Affairs in the Department of State. |
25 | Section 2. Section 5(b) of the act is amended by adding a |
26 | paragraph to read: |
27 | Section 5. Civil penalties. |
28 | * * * |
29 | (b) Additional powers.--In addition to the disciplinary |
30 | powers and duties of the boards and commissions within the |
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1 | Bureau of Professional and Occupational Affairs under their |
2 | respective practice acts, boards and commissions shall have the |
3 | power, respectively: |
4 | * * * |
5 | (6) To expunge a disciplinary record of a certificate |
6 | holder, registrant or licensee subject to the following |
7 | conditions: |
8 | (i) The certificate holder, registrant or licensee |
9 | must make written application to the board for expungment |
10 | no earlier than four years from the effective date of the |
11 | disciplinary record. |
12 | (ii) The disciplinary record must be the only |
13 | disciplinary record that the certificate holder, |
14 | registrant or licensee has with the board. |
15 | (iii) The certificate holder, registrant or licensee |
16 | must not have had a disciplinary record previously |
17 | expunged by the board. |
18 | (iv) The disciplinary record must have involved |
19 | either the imposition of a civil penalty against the |
20 | certificate holder, registrant or licensee for a |
21 | violation under subsection (a) or the imposition of |
22 | discipline against the certificate holder, registrant or |
23 | licensee for a violation that, at the time of application |
24 | for expungement, would be prosecuted under subsection |
25 | (a). |
26 | * * * |
27 | Section 3. This act shall take effect in 60 days. |
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