Bill Text: PA HB299 | 2009-2010 | Regular Session | Amended


Bill Title: 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; and making related repeals.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Engrossed - Dead) 2009-03-19 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [HB299 Detail]

Download: Pennsylvania-2009-HB299-Amended.html

  

 

PRIOR PRINTER'S NO. 322

PRINTER'S NO.  915

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

299

Session of

2009

  

  

INTRODUCED BY GOODMAN, BELFANTI, COHEN, EACHUS, FABRIZIO, GRELL, GROVE, HENNESSEY, KULA, M. O'BRIEN, SIPTROTH, STURLA, YOUNGBLOOD, GIBBONS AND GERGELY, FEBRUARY 9, 2009

  

  

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 10, 2009   

  

  

  

AN ACT

  

1

Amending the act of July 2, 1993 (P.L.345, No.48) entitled "An

2

act empowering the General Counsel or his designee to issue

3

subpoenas for certain licensing board activities; providing

4

for hearing examiners in the Bureau of Professional and

5

Occupational Affairs; providing additional powers to the

6

Commissioner of Professional and Occupational Affairs; and

7

further providing for civil penalties and license

8

suspension," further providing for civil penalties; and

9

making related repeals.

10

The General Assembly of the Commonwealth of Pennsylvania

11

hereby enacts as follows:

12

Section 1.  Section 5 of the act of July 2, 1993 (P.L.345,

13

No.48) entitled "An act empowering the General Counsel or his

14

designee to issue subpoenas for certain licensing board

15

activities; providing for hearing examiners in the Bureau of

16

Professional and Occupational Affairs; providing additional

17

powers to the Commissioner of Professional and Occupational

18

Affairs; and further providing for civil penalties and license

19

suspension," is amended to read:

20

Section 5.  Civil penalties.

 


1

(a)  Authorization.--The Commissioner of Professional and

2

Occupational Affairs, after consultation with the licensing

3

boards and commissions, shall have the power to adopt a schedule

4

of civil penalties for operating without a current, registered,

5

unsuspended and unrevoked license, registration, certificate or

6

permit and for violating any provision of their respective acts

7

or regulations relating to the conduct or operation of a

8

business or facility licensed by such licensing boards and

9

commissions. The schedule of penalties shall not be applicable

10

to disciplinary matters under the jurisdiction of a licensing

11

board or commission unless that licensing board or commission

12

has approved the schedule. The schedule of penalties, guidelines

13

for their imposition and procedures for appeal shall be

14

published in the Pennsylvania Bulletin, provided that the

15

commissioner shall, within two years of such publication,

16

promulgate a regulation setting forth the schedule of penalties,

17

guidelines and procedures. Any such penalty shall not exceed the

18

sum of $1,000 per violation. Duly authorized agents of the

19

bureau shall have the power and authority to issue citations and

20

impose penalties for any such violations. Any such penalty

21

imposed may be appealed to a hearing examiner or the licensing

22

board or commission pursuant to the regulations promulgated

23

under section 3(b). If the appeal is initially to a hearing

24

examiner, the relevant licensing board or commission shall

25

render a decision on any exceptions to the decision of the

26

hearing examiner or on any applications for review in accordance

27

with section 3(d). All proceedings shall be conducted in

28

accordance with the provisions of 2 Pa.C.S. (relating to

29

administrative law and procedure).

30

(b)  Additional powers.--In addition to the disciplinary

- 2 -

 


1

powers and duties of the boards and commissions within the

2

Bureau of Professional and Occupational Affairs under their

3

respective practice acts, boards and commissions shall have the

4

power, respectively:

5

(1)  To impose discipline, including, but not limited to,

6

a civil penalty of up to $10,000 per violation on any

7

licensee, registrant, certificate holder [or], permit holder

8

or unlicensed person who violates a lawful disciplinary order

9

of the board.

10

(2)  To impose discipline, including, but not limited to,

11

a civil penalty of up to $10,000 per violation on any

12

licensee, registrant, certificate holder [or], permit holder

13

or unlicensed person who aids and abets the unlicensed

14

practice of a profession, occupation or business.

15

(3)  To levy a civil penalty of not more than [$1,000] 

16

$10,000 per violation on any corporation, partnership,

17

institution, association or sole proprietorship which aids

18

and abets any individual in the unlicensed practice of a

19

profession. This penalty shall not, however, be levied

20

against any person solely as a consequence of that person

21

being a patient or client of the unlicensed individual.

22

(4)  To levy a civil penalty of not more than $10,000 per

23

violation on any licensee, registrant, certificate holder, 

24

permit holder or unlicensed person who violates any provision

25

of the applicable licensing act or board regulation.

26

(5)  To assess against the respondent determined to be in

27

violation of the disciplinary provisions administered by a

28

licensing board or commission in a disciplinary proceeding

29

pending before the board or commission for final

30

determination, as part of the sanction, the costs of

- 3 -

 


1

investigation underlying that disciplinary action. The cost

2

of investigation shall not include any associated legal fees

3

or any cost of prosecution.

4

(c)  Restrictions.--Any decisions rendered by a licensing

5

board or commission on any exceptions to the decision of a

6

hearing examiner or on any application for review in accordance

7

with section 3(d) to impose a civil penalty pursuant to this

8

section shall require the same number of votes required for the

9

licensing board or commission to impose a civil penalty under

10

any other act. Nothing in this section shall be construed to

11

restrict the powers and duties under any other act of a

12

licensing board or commission in disciplinary matters, except

13

that a licensing board or commission may not impose a civil

14

penalty under any other act for the same violation for which a

15

civil penalty has been imposed pursuant to this section.

16

(d)  Status of civil penalty.--Any civil penalty imposed

17

pursuant to this section or imposed by any licensing board or

18

commission under any other act shall be a judgment in favor of

19

the Bureau of Professional and Occupational Affairs upon the

20

person or the property of the person upon whom the civil penalty

21

is imposed. The Attorney General shall be responsible for

22

enforcing such judgments in courts of competent jurisdiction in

23

accordance with the provisions of 42 Pa.C.S. (relating to

24

judiciary and judicial procedure).

25

(e)  Definition.--As used in this section, the term

26

"unlicensed practice" means:

27

(1)  practicing a profession or occupation or operating a

28

business for which a license, registration, certificate or

29

permit is required without holding a valid, unexpired,

30

unrevoked or unsuspended authority to do so; or

- 4 -

 


1

(2)  representing to the public or any person, through

2

offerings, advertisements or the use of a title, that the

3

individual is qualified to practice a profession, occupation

4

or business for which a license, registration, certificate or

5

permit is required without holding a valid, unexpired,

6

unrevoked or unsuspended authority to do so.

7

Section 2.  The following provisions are repealed insofar as

8

they are inconsistent with the amendment of section 5 of the

9

act:

10

(1)  Section 15(b.3) of the act of June 19, 1931 (P.L.

11

589, No.202), referred to as the Barbers' License Law.

12

(2)  Section 10.1 of the act of May 1, 1933 (P.L.216, No.

13

76), known as The Dental Law.

14

(3)  Section 20(c.2) of the act of May 3, 1933 (P.L.242,

15

No.86), referred to as the Cosmetology Law.

16

(4)  Section 11(b) of the act of May 23, 1945 (P.L.913,

17

No.367), known as the Engineer, Land Surveyor and Geologist

18

Registration Law.

19

(5)  Section 16(c) of the act of May 26, 1947 (P.L.318,

20

No.140), known as the CPA Law.

21

(6)  Section 13(b) of the act of May 22, 1951 (P.L.317,

22

No.69), known as The Professional Nursing Law.

23

(7)  Section 17(b) of the act of January 14, 1952 (1951

24

P.L.1898, No.522), known as the Funeral Director Law.

25

(8)  Section 13(b) of the act of March 2, 1956 (1955 P.L.

26

1206, No.375), known as the Podiatry Practice Act.

27

(9)  Section 15(b) of the act of March 2, 1956 (1955 P.L.

28

1211, No.376), known as the Practical Nurse Law.

29

(10)  Section 8(15.1) of the act of September 27, 1961

30

(P.L.1700, No.699), known as the Pharmacy Act.

- 5 -

 


1

(11)  Section 11(b) of the act of January 24, 1966 (1965

2

P.L.1527, No.535), known as the Landscape Architects'

3

Registration Law.

4

(12)  Section 11(b) of the act of June 22, 1970 (P.L.378,

5

No.122), known as the Nursing Home Administrators License

6

Act.

7

(13)  Section 11(b) of the act of March 23, 1972 (P.L.

8

136, No.52), known as the Professional Psychologists Practice

9

Act.

10

(14)  Section 28(c) of the act of December 27, 1974 (P.L.

11

995, No.326), known as the Veterinary Medicine Practice Act.

12

(15)  Section 12(c) of the act of October 10, 1975 (P.L.

13

383, No.110), known as the Physical Therapy Practice Act.

14

(16)  Section 305 of the act of February 19, 1980 (P.L.

15

15, No.9), known as the Real Estate Licensing and

16

Registration Act.

17

(17)  Section 8(c) of the act of June 6, 1980 (P.L.197,

18

No.57), known as the Optometric Practice and Licensure Act.

19

(18)  Section 20(d) of the act of December 14, 1982 (P.L.

20

1227, No.281), known as the Architects Licensure Law.

21

(19)  Section 28(c) of the act of December 22, 1983 (P.L.

22

306, No.84), known as the Board of Vehicles Act.

23

(20)  Section 29(b) of the act of December 22, 1983 (P.L.

24

327, No.85), known as the Auctioneer and Auction Licensing

25

Act.

26

(21)  Section 703 of the act of December 16, 1986 (P.L.

27

1646, No.188), known as the Chiropractic Practice Act.

28

(22)  Section 17(b) of the act of July 9, 1987 (P.L.220,

29

No.39), known as the Social Workers, Marriage and Family

30

Therapists and Professional Counselors Act.

- 6 -

 


1

(23)  Section 15(b) of the act of July 10, 1990 (P.L.404,

2

No.98), known as the Real Estate Appraisers Certification

3

Act.

4

(24)  Section 908 of the act of March 20, 2002 (P.L.154,

5

No.13), known as the Medical Care Availability and Reduction

6

of Error (Mcare) Act.

7

(25)  Section 702 of the act of October 9, 2008

<--

8

(P.L.1363, No.100), known as the Crane Operator Licensure

9

Act.

10

(26)  Section 15 of the act of October 9, 2008 (P.L.1438,

11

No.118), known as the Massage Therapy Law.

12

Section 3.  This act shall apply to violations which take

13

place on or after the effective date of this section.

14

Section 4.  This act shall take effect in 60 days.

- 7 -

 


feedback