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
9expungement of disciplinary records.

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.

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(b) of the act is amended by adding a
25paragraph to read:

26Section 5. Civil penalties.

27* * *

28(b) Additional powers.--In addition to the disciplinary
29powers and duties of the boards and commissions within the
30Bureau of Professional and Occupational Affairs under their

1respective practice acts, boards and commissions shall have the
2power, respectively:

3* * *

4(6) To expunge a disciplinary record of a certificate
5holder, registrant or licensee subject to the following
6conditions:

7(i) The certificate holder, registrant or licensee
8must make written application to the board for expungment
9no earlier than four years from the effective date of the
10disciplinary record.

11(ii) The disciplinary record must be the only
12disciplinary record that the certificate holder,
13registrant or licensee has with the board.

14(iii) The certificate holder, registrant or licensee
15must not have had a disciplinary record previously
16expunged by the board.

17(iv) The disciplinary record must have involved
18either the imposition of a civil penalty against the
19certificate holder, registrant or licensee for a
20violation under subsection (a) or the imposition of
21discipline against the certificate holder, registrant or
22licensee for a violation that, at the time of application
23for expungement, would be prosecuted under subsection
24(a).

25* * *

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