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A06875
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," Title 63 (Professions and Occupations (State
Licensed)) of the Pennsylvania Consolidated Statutes, in
powers and duties of the Bureau of Professional and
Occupational Affairs, further providing for civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(b) 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," 3108(b) of Title 63 of the Pennsylvania
Consolidated Statutes, added July 1, 2020 (P.L.575, No.53), is
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amended by adding a paragraph to read:
Section 5 § 3108. Civil penalties.
* * *
(b) Additional powers.--In addition to the disciplinary
powers and duties of the licensing boards and licensing
commissions within the Bureau of Professional and Occupational
Affairs bureau under their respective practice acts, licensing
boards and licensing commissions shall have the power,
respectively:
* * *
(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
licensing commission. No person who acts in good faith on an
advisory opinion issued by a licensing board or licensing
commission upon the person's request shall be subject to
criminal or civil penalties or any disciplinary action by the
licensing board or licensing commission , provided that if the
material facts are as stated in the opinion request. An
advisory opinion shall not be binding upon the licensing
board or licensing 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 section 1 of the act 63 Pa.C.S. § 3102, shall adopt
final regulations to implement the addition of section 5(b)(8)
of the act 63 Pa.C.S. § 3108(b)(8) within 18 months of the
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effective date of this section.
Section 3. This act shall take effect in 60 days.
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