PRINTER'S NO. 519
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
538
Session of
2015
INTRODUCED BY TOMLINSON, MENSCH, VANCE, SCHWANK, HUGHES AND
RAFFERTY, FEBRUARY 25, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 25, 2015
AN ACT
Amending the act of July 2, 1993 (P.L.345, No.48), entitled "An
act empowering the General Counsel or his designee to issue
subpoenas for certain licensing board activities; providing
for hearing examiners in the Bureau of Professional and
Occupational Affairs; providing additional powers to the
Commissioner of Professional and Occupational Affairs; and
further providing for civil penalties and license
suspension," providing for reporting of sanctions and
criminal proceedings and for temporary and automatic
suspension.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 2, 1993 (P.L.345, No.48),
entitled "An act empowering the General Counsel or his designee
to issue subpoenas for certain licensing board activities;
providing for hearing examiners in the Bureau of Professional
and Occupational Affairs; providing additional powers to the
Commissioner of Professional and Occupational Affairs; and
further providing for civil penalties and license suspension,"
is amended by adding sections to read:
Section 2.1. Reporting of sanctions and criminal proceedings.
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(a) Duty.--An individual who holds a license, certificate or
registration issued by the Bureau of Professional and
Occupational Affairs Licensure shall, as a condition of
licensure, certification or registration, do all of the
following:
(1) Report to the appropriate licensing board or
licensing commission a disciplinary action taken against the
licensee, certificate holder or registrant by a licensing
agency of another jurisdiction.
(2) Report to the appropriate licensing board or
licensing commission any arrest, indictment or conviction of
the licensee, certificate holder or registrant.
(b) Time.--A report under subsection (a) shall be made as
follows:
(1) Within 30 days of the imposition of the sanction
under subsection (a)(1).
(2) Except as set forth in paragraph (3), within 30 days
of the earlier of:
(i) an arrest under subsection (a)(2); or
(ii) an indictment under subsection (a)(2).
(3) In the case of a criminal action under subsection
(a)(2) which is initiated prior to the effective date of this
paragraph, within 30 days from the later of:
(i) the date of conviction; or
(ii) the effective date of this paragraph.
(c) Sanctions.--A licensing board or licensing commission
shall take disciplinary action against a licensee, certificate
holder or registrant who violates this section.
Section 3.1. Temporary and automatic suspension.
(a) Temporary suspension.--A licensing board or licensing
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commission may temporarily suspend a license, certificate or
registration under circumstances as determined by the board or
commission to be an immediate and clear danger to the public
health and safety. The board or commission shall issue an order
to that effect without a hearing, but upon due notice, to the
licensee or certificate holder concerned at his last known
address, which shall include a written statement of all
allegations against the licensee or certificate holder. The
board or commission shall thereupon commence formal action to
suspend, revoke or restrict the license or certificate of the
person concerned as otherwise provided for by law. All actions
shall be taken promptly and without delay.
(b) Hearing.--Within 30 days following the issuance of an
order temporarily suspending a license, the licensing board or
licensing commission shall conduct or cause to be conducted a
preliminary hearing to determine that there is a prima facie
case supporting the suspension. The licensee or certificate
holder whose license or certificate has been temporarily
suspended may be present at the preliminary hearing and may be
represented by counsel, cross-examine witnesses, inspect
physical evidence, call witnesses, offer evidence and testimony
and make a record of the proceedings. If it is determined that
there is not a prima facie case, the suspended license shall be
immediately restored. The temporary suspension shall remain in
effect until vacated by the board or commission, but in no event
longer than 180 days.
(c) Automatic suspension.--A license or certificate issued
by a licensing board or licensing commission shall automatically
be suspended upon:
(1) the legal commitment to an institution of a licensee
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or certificate holder because of mental incompetency from any
cause upon filing with the board or commission a certified
copy of the commitment; or
(2) conviction of a felony under the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, or conviction of an offense
under the laws of another jurisdiction, which, if committed
in this Commonwealth, would be a felony under The Controlled
Substance, Drug, Device and Cosmetic Act.
(d) Stay.--Automatic suspension under subsection (c) shall
not be stayed pending any appeal of a conviction.
(e) Restoration.--Restoration of a license or certificate
shall be made as provided by law in the case of revocation or
suspension of the license or certificate.
(f) Definition.--As used in this section, the term
"conviction" shall include a judgment, an admission of guilt or
a plea of nolo contendere.
Section 2. This act shall take effect in 60 days.
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