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PRINTER'S NO. 299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
325
Session of
2021
INTRODUCED BY GREINER, HICKERNELL, RYAN, MILLARD, ZABEL,
WHEELAND, ZIMMERMAN, LAWRENCE, B. MILLER, FEE, MENTZER,
SANCHEZ AND PEIFER, JANUARY 28, 2021
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 28, 2021
AN ACT
Amending Title 63 (Professions and Occupations (State Licensed))
of the Pennsylvania Consolidated Statutes, in powers and
duties, further providing for civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3108(b) of Title 63 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 3108. Civil penalties.
* * *
(b) Additional powers.--In addition to the disciplinary
powers and duties of the licensing boards and licensing
commissions within the bureau under their respective practice
acts, licensing boards and licensing commissions shall have the
power, respectively:
* * *
(9) To issue, upon request of a licensee, registrant,
certificate holder or permit holder, an advisory opinion
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concerning the meaning or interpretation of an act or
regulation pertaining to the license, registration,
certificate or permit issued by the licensing board or
commission. No person who acts in good faith on an advisory
opinion issued by a licensing board or commission upon the
person's request shall be subject to criminal or civil
penalties or any disciplinary action by the licensing board
or commission, provided that the material facts are as stated
in the opinion request. An advisory opinion shall not be
binding upon the licensing board or commission except with
respect to the person to whom the opinion is rendered.
Advisory opinions shall be public records and may be
published.
* * *
Section 2. Each licensing board and licensing commission, as
defined in 63 Pa.C.S. § 3102, shall adopt final regulations to
implement the addition of 63 Pa.C.S. § 3108(b)(9) within 18
months of the effective date of this section.
Section 3. This act shall take effect in 60 days.
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