THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARPER, THOMAS, BARRAR, BEYER, FLECK, GINGRICH, MILNE, PAYTON, QUINN, READSHAW, SIPTROTH AND STEVENSON, MARCH 19, 2010

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 19, 2010  

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 definitions and for

expungement of disciplinary records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 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 to read:

Section 1.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Disciplinary matter."  Any matter subject to a licensing

board's or commission's jurisdiction in which the licensing

board or commission has the authority to refuse, suspend, revoke

or limit a license, registration, certificate or permit or to

impose a civil penalty or other discipline under any act.

"Expunge" or "expungement."  Removal of a disciplinary

record, accomplished by:

(1)  Permanently sealing the affected record from public

access.

(2)  Deeming the proceedings to which the affected record

refers as not having occurred.

(3)  Except with respect to any subsequent application

for expungement, affording the affected party the right to

represent that no record exists regarding the subject matter

of the affected record.

"Licensing boards."  Those departmental or administrative

boards under the Bureau of Professional and Occupational Affairs

in the Department of State.

"Licensing commissions."  Those departmental or

administrative commissions under the Bureau of Professional and

Occupational Affairs in the Department of State.

Section 2.  Section 5(b) of the act is amended by adding a

paragraph to read:

Section 5.  Civil penalties.

* * *

(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:

* * *

(6)  To expunge a disciplinary record of a certificate

holder, registrant or licensee subject to the following

conditions:

(i)  The certificate holder, registrant or licensee

must make written application to the board for expungment

no earlier than four years from the effective date of the

disciplinary record.

(ii)  The disciplinary record must be the only

disciplinary record that the certificate holder,

registrant or licensee has with the board.

(iii)  The certificate holder, registrant or licensee

must not have had a disciplinary record previously

expunged by the board.

(iv)  The disciplinary record must have involved

either the imposition of a civil penalty against the

certificate holder, registrant or licensee for a

violation under subsection (a) or the imposition of

discipline against the certificate holder, registrant or

licensee for a violation that, at the time of application

for expungement, would be prosecuted under subsection

(a).

* * *

Section 3.  This act shall take effect in 60 days.