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.

1The following words and phrases when used in this act shall
2have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Disciplinary matter." Any matter subject to a licensing
5board's or commission's jurisdiction in which the licensing
6board or commission has the authority to refuse, suspend, revoke
7or limit a license, registration, certificate or permit or to
8impose a civil penalty or other discipline under any act.

9"Expunge" or "expungement." Removal of a disciplinary
10record, accomplished by:

11(1) permanently sealing the affected record from public 
12access;

13(2) deeming the proceedings to which the affected record 
14refers as not having occurred; and

15(3) except with respect to any subsequent application 
16for expungement, affording the affected party the right to 
17represent that no record exists regarding the subject matter 
18of the affected record.

19"Licensing boards." Those departmental or administrative
20boards under the Bureau of Professional and Occupational Affairs
21in the Department of State.

22"Licensing commissions." Those departmental or
23administrative commissions under the Bureau of Professional and
24Occupational Affairs in the Department of State.

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

27Section 5. Civil penalties.

28(a) Authorization.--

29(1) The Commissioner of Professional and Occupational
30Affairs, after consultation with the licensing boards and

1commissions, shall have the power to adopt a schedule of
2civil penalties for operating without a current, registered,
3unsuspended and unrevoked license, registration, certificate
4or permit and for violating any provision of their respective
5acts or regulations relating to the conduct or operation of a
6business or facility licensed by such licensing boards and
7commissions. The schedule of penalties shall not be
8applicable to disciplinary matters under the jurisdiction of
9a licensing board or commission unless that licensing board
10or commission has approved the schedule. The schedule of
11penalties, guidelines for their imposition and procedures for
12appeal shall be published in the Pennsylvania Bulletin,
13provided that the commissioner shall, within two years of
14such publication, promulgate a regulation setting forth the
15schedule of penalties, guidelines and procedures. Any such
16penalty shall not exceed the sum of $1,000 per violation.
17Duly authorized agents of the bureau shall have the power and
18authority to issue citations and impose penalties for any
19such violations. Any such penalty imposed may be appealed to
20a hearing examiner or the licensing board or commission
21pursuant to the regulations promulgated under section 3(b).
22If the appeal is initially to a hearing examiner, the
23relevant licensing board or commission shall render a
24decision on any exceptions to the decision of the hearing
25examiner or on any applications for review in accordance with
26section 3(d). All proceedings shall be conducted in
27accordance with the provisions of 2 Pa.C.S. (relating to
28administrative law and procedure).

29(2) The Commissioner of Professional and Occupational
30Affairs shall expunge the disciplinary record of a licensee,

1registrant, certificate holder or permit holder subject to
2the following conditions:

3(i) The licensee, registrant, certificate holder or
4permit holder must make written application to the
5commissioner for expungement not earlier than four years
6from the final disposition of the disciplinary record.

7(ii) The disciplinary record must be the only
8disciplinary record that the licensee, registrant,
9certificate holder or permit holder has with either the
10commissioner or a licensing board or commission under the
11commissioner's jurisdiction.

12(iii) The licensee, registrant, certificate holder
13or permit holder must not be the subject of an active
14investigation related to professional or occupational
15conduct.

16(iv) The licensee, registrant, certificate holder or
17permit holder must not be in a current disciplinary
18status, and any fees or fines assessed must be paid in
19full.

20(v) The licensee, registrant, certificate holder or
21permit holder must not have had a disciplinary record
22previously expunged by the commissioner.

23(vi) The imposition of discipline must have been for
24a violation involving:

25(A) <-Failure failure to complete continuing
26education requirements or practicing for six months
27or less on a lapsed license, registration,
28certificate or <-permit. At least four years must have
29elapsed since the final disposition of the
30disciplinary record at the time of application for

1expungement.

2(B) Any violation, except those which resulted
3in license suspension or revocation, in which at
4least ten years have elapsed since the final
5disposition of the disciplinary record at the time of
6application for expungement. <-permit; or

7(B) failure to renew and providing
8misinformation to the licensing board resulting from
9the failure to renew the license.

10At least four years must have elapsed since the final
11disposition of the disciplinary record at the time of
12application for expungement under clauses (A) and (B).
13Disciplinary records involving imposition of discipline
14for violations other than those identified in clauses (A)
15and (B) shall not be eligible for expungement.

16(vii) The licensee, registrant, certificate holder
17or permit holder shall pay all costs associated with the
18expungement as established by the commissioner by
19regulation.

20(3) Nothing in this subsection shall prohibit a
21licensing board or commission from using a previous
22discipline for any regulatory purpose or from releasing
23records of a previous discipline upon request from law
24enforcement or other governmental body as permitted by law.

25* * *

26Section 3. This act shall take effect in 60 days.