Please wait while the document is loaded.

A05877
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1566
Session of
2019
INTRODUCED BY KORTZ, KINSEY, MERSKI, BURGOS, NEILSON, HILL-
EVANS, READSHAW, FREEMAN, MURT, MILLARD, SCHWEYER, MARKOSEK,
FITZGERALD AND WARREN, JUNE 4, 2019
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 4, 2019
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," further providing for civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(b) 5(b)(7) of 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 and the subsection is amended by adding
a paragraph to read:
Section 5. Civil penalties.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
* * *
(b) Additional powers.--In addition to the disciplinary
powers and duties of the boards and commissions within the
Bureau of Professional and Occupational Affairs under their
respective practice acts, boards and commissions shall have the
power, respectively:
* * *
(7) To deny, suspend or revoke a license, registration,
certification or permit for failure to pay any penalty, fee,
interest or cost assessed as a result of a disciplinary
proceeding before a licensing board or commission[.], except
that under no circumstance shall a board or commission levy a
civil penalty or deny, suspend or revoke a license,
registrati on, certification or permit solely because of
action taken by a licensee contrary to the declaration of
disaster emergency issued by the Governor on March 6, 2020,
published at 50 Pa.B. 1644 (March 21, 2020), and any renewal
of the state of disaster emergency.
(8) To issue, upon request of a licensee, registrant,
certificate holder or permit holder, an advisory opinion
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
A05877 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 section 1 of the act, shall adopt final regulations
to implement the addition of section 5(b)(8) of the act within
18 months of the effective date of this section.
Section 3. This act shall take effect in 60 days.
A05877 - 3 -
1
2
3
4
5
6
7
8
9