1Amending the act of July 2, 1993 (P.L.345, No.48), entitled "An
2act empowering the General Counsel or his designee to issue
3subpoenas for certain licensing board activities; providing
4for hearing examiners in the Bureau of Professional and
5Occupational Affairs; providing additional powers to the
6Commissioner of Professional and Occupational Affairs; and
7further providing for civil penalties and license
8suspension," further providing for definitions and for civil
9penalties.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1.  Section 1 of the act of July 2, 1993 (P.L.345,
13No.48), entitled "An act empowering the General Counsel or his
14designee to issue subpoenas for certain licensing board
15activities; providing for hearing examiners in the Bureau of
16Professional and Occupational Affairs; providing additional
17powers to the Commissioner of Professional and Occupational
18Affairs; and further providing for civil penalties and license
19suspension," is amended to read:

20Section 1.  Definitions.

21The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Disciplinary matter."  Any matter subject to a licensing
4board's or commission's jurisdiction in which the licensing
5board or commission has the authority to refuse, suspend, revoke
6or limit a license, registration, certificate or permit or to
7impose a civil penalty or other discipline under any act.

8"Expunge" or "expungement."  Removal of a disciplinary
9record, accomplished by:

10(1)  permanently sealing the affected record from public 
11access;

12(2)  deeming the proceedings to which the affected record 
13refers as not having occurred; and

14(3)  except with respect to any subsequent application 
15for expungement, affording the affected party the right to 
16represent that no record exists regarding the subject matter 
17of the affected record.

18"Licensing boards."  Those departmental or administrative
19boards under the Bureau of Professional and Occupational Affairs
20in the Department of State.

21"Licensing commissions."  Those departmental or
22administrative commissions under the Bureau of Professional and
23Occupational Affairs in the Department of State.

24Section 2.  Section 5(a) of the act, amended July 17, 2009
25(P.L.95, No.25), is amended to read:

26Section 5.  Civil penalties.

27(a)  Authorization.--

28(1)  The Commissioner of Professional and Occupational
29Affairs, after consultation with the licensing boards and
30commissions, shall have the power to adopt a schedule of

1civil penalties for operating without a current, registered,
2unsuspended and unrevoked license, registration, certificate
3or permit and for violating any provision of their respective
4acts or regulations relating to the conduct or operation of a
5business or facility licensed by such licensing boards and
6commissions. The schedule of penalties shall not be
7applicable to disciplinary matters under the jurisdiction of
8a licensing board or commission unless that licensing board
9or commission has approved the schedule. The schedule of
10penalties, guidelines for their imposition and procedures for
11appeal shall be published in the Pennsylvania Bulletin,
12provided that the commissioner shall, within two years of
13such publication, promulgate a regulation setting forth the
14schedule of penalties, guidelines and procedures. Any such
15penalty shall not exceed the sum of $1,000 per violation.
16Duly authorized agents of the bureau shall have the power and
17authority to issue citations and impose penalties for any
18such violations. Any such penalty imposed may be appealed to
19a hearing examiner or the licensing board or commission
20pursuant to the regulations promulgated under section 3(b).
21If the appeal is initially to a hearing examiner, the
22relevant licensing board or commission shall render a
23decision on any exceptions to the decision of the hearing
24examiner or on any applications for review in accordance with
25section 3(d). All proceedings shall be conducted in
26accordance with the provisions of 2 Pa.C.S. (relating to
27administrative law and procedure).

28(2)  The Commissioner of Professional and Occupational
29Affairs shall expunge the disciplinary record of a licensee,
30registrant, certificate holder or permit holder subject to

1the following conditions:

2(i)  The licensee, registrant, certificate holder or
3permit holder must make written application to the
4commissioner for expungement not earlier than four years
5from the final disposition of the disciplinary record.

6(ii)  The disciplinary record must be the only
7disciplinary record that the licensee, registrant,
8certificate holder or permit holder has with either the
9commissioner or a licensing board or commission under the
10commissioner's jurisdiction.

11(iii)  The licensee, registrant, certificate holder
12or permit holder must not be the subject of an active
13investigation related to professional or occupational
14conduct.

15(iv)  The licensee, registrant, certificate holder or
16permit holder must not be in a current disciplinary
17status, and any fees or fines assessed must be paid in
18full.

19(v)  The licensee, registrant, certificate holder or
20permit holder must not have had a disciplinary record
21previously expunged by the commissioner.

22(vi)  The imposition of discipline must have been for
23a violation involving:

24(A)  Failure to complete continuing education
25requirements or practicing for six months or less on
26a lapsed license, registration, certificate or
27permit. At least four years must have elapsed since
28the final disposition of the disciplinary record at
29the time of application for expungement.

30(B)  Any violation, except those which resulted

1in license suspension or revocation, in which at
2least ten years have elapsed since the final
3disposition of the disciplinary record at the time of
4application for expungement.

5Disciplinary records involving imposition of discipline
6for violations other than those identified in clauses (A)
7and (B) shall not be eligible for expungement.

8(vii)  The licensee, registrant, certificate holder
9or permit holder shall pay all costs associated with the
10expungement as established by the commissioner by
11regulation.

12(3)  Nothing in this subsection shall prohibit a
13licensing board or commission from using a previous
14discipline for any regulatory purpose or from releasing
15records of a previous discipline upon request from law
16enforcement or other governmental body as permitted by law.

17* * *

18Section 3.  This act shall take effect in 60 days.