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

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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

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PRIOR PRINTER'S NO. 322 PRINTER'S NO. 915
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 299 Session of2009
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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5 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 5. Civil penalties.
(a) Authorization.--The Commissioner of Professional and
Occupational Affairs, after consultation with the licensing
boards and commissions, shall have the power to adopt a schedule
of civil penalties for operating without a current, registered,
unsuspended and unrevoked license, registration, certificate or
permit and for violating any provision of their respective acts
or regulations relating to the conduct or operation of a
business or facility licensed by such licensing boards and
commissions. The schedule of penalties shall not be applicable
to disciplinary matters under the jurisdiction of a licensing
board or commission unless that licensing board or commission
has approved the schedule. The schedule of penalties, guidelines
for their imposition and procedures for appeal shall be
published in the Pennsylvania Bulletin, provided that the
commissioner shall, within two years of such publication,
promulgate a regulation setting forth the schedule of penalties,
guidelines and procedures. Any such penalty shall not exceed the
sum of $1,000 per violation. Duly authorized agents of the
bureau shall have the power and authority to issue citations and
impose penalties for any such violations. Any such penalty
imposed may be appealed to a hearing examiner or the licensing
board or commission pursuant to the regulations promulgated
under section 3(b). If the appeal is initially to a hearing
examiner, the relevant licensing board or commission shall
render a decision on any exceptions to the decision of the
hearing examiner or on any applications for review in accordance
with section 3(d). All proceedings shall be conducted in
accordance with the provisions of 2 Pa.C.S. (relating to
administrative law and procedure).
(b) Additional powers.--In addition to the disciplinary
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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:
(1) To impose discipline, including, but not limited to,
a civil penalty of up to $10,000 per violation on any
licensee, registrant, certificate holder [or], permit holder
or unlicensed person who violates a lawful disciplinary order
of the board.
(2) To impose discipline, including, but not limited to,
a civil penalty of up to $10,000 per violation on any
licensee, registrant, certificate holder [or], permit holder
or unlicensed person who aids and abets the unlicensed
practice of a profession, occupation or business.
(3) To levy a civil penalty of not more than [$1,000]
$10,000 per violation on any corporation, partnership,
institution, association or sole proprietorship which aids
and abets any individual in the unlicensed practice of a
profession. This penalty shall not, however, be levied
against any person solely as a consequence of that person
being a patient or client of the unlicensed individual.
(4) To levy a civil penalty of not more than $10,000 per
violation on any licensee, registrant, certificate holder,
permit holder or unlicensed person who violates any provision
of the applicable licensing act or board regulation.
(5) To assess against the respondent determined to be in
violation of the disciplinary provisions administered by a
licensing board or commission in a disciplinary proceeding
pending before the board or commission for final
determination, as part of the sanction, the costs of
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investigation underlying that disciplinary action. The cost
of investigation shall not include any associated legal fees
or any cost of prosecution.
(c) Restrictions.--Any decisions rendered by a licensing
board or commission on any exceptions to the decision of a
hearing examiner or on any application for review in accordance
with section 3(d) to impose a civil penalty pursuant to this
section shall require the same number of votes required for the
licensing board or commission to impose a civil penalty under
any other act. Nothing in this section shall be construed to
restrict the powers and duties under any other act of a
licensing board or commission in disciplinary matters, except
that a licensing board or commission may not impose a civil
penalty under any other act for the same violation for which a
civil penalty has been imposed pursuant to this section.
(d) Status of civil penalty.--Any civil penalty imposed
pursuant to this section or imposed by any licensing board or
commission under any other act shall be a judgment in favor of
the Bureau of Professional and Occupational Affairs upon the
person or the property of the person upon whom the civil penalty
is imposed. The Attorney General shall be responsible for
enforcing such judgments in courts of competent jurisdiction in
accordance with the provisions of 42 Pa.C.S. (relating to
judiciary and judicial procedure).
(e) Definition.--As used in this section, the term
"unlicensed practice" means:
(1) practicing a profession or occupation or operating a
business for which a license, registration, certificate or
permit is required without holding a valid, unexpired,
unrevoked or unsuspended authority to do so; or
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(2) representing to the public or any person, through
offerings, advertisements or the use of a title, that the
individual is qualified to practice a profession, occupation
or business for which a license, registration, certificate or
permit is required without holding a valid, unexpired,
unrevoked or unsuspended authority to do so.
Section 2. The following provisions are repealed insofar as
they are inconsistent with the amendment of section 5 of the
act:
(1) Section 15(b.3) of the act of June 19, 1931 (P.L.
589, No.202), referred to as the Barbers' License Law.
(2) Section 10.1 of the act of May 1, 1933 (P.L.216, No.
76), known as The Dental Law.
(3) Section 20(c.2) of the act of May 3, 1933 (P.L.242,
No.86), referred to as the Cosmetology Law.
(4) Section 11(b) of the act of May 23, 1945 (P.L.913,
No.367), known as the Engineer, Land Surveyor and Geologist
Registration Law.
(5) Section 16(c) of the act of May 26, 1947 (P.L.318,
No.140), known as the CPA Law.
(6) Section 13(b) of the act of May 22, 1951 (P.L.317,
No.69), known as The Professional Nursing Law.
(7) Section 17(b) of the act of January 14, 1952 (1951
P.L.1898, No.522), known as the Funeral Director Law.
(8) Section 13(b) of the act of March 2, 1956 (1955 P.L.
1206, No.375), known as the Podiatry Practice Act.
(9) Section 15(b) of the act of March 2, 1956 (1955 P.L.
1211, No.376), known as the Practical Nurse Law.
(10) Section 8(15.1) of the act of September 27, 1961
(P.L.1700, No.699), known as the Pharmacy Act.
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(11) Section 11(b) of the act of January 24, 1966 (1965
P.L.1527, No.535), known as the Landscape Architects'
Registration Law.
(12) Section 11(b) of the act of June 22, 1970 (P.L.378,
No.122), known as the Nursing Home Administrators License
Act.
(13) Section 11(b) of the act of March 23, 1972 (P.L.
136, No.52), known as the Professional Psychologists Practice
Act.
(14) Section 28(c) of the act of December 27, 1974 (P.L.
995, No.326), known as the Veterinary Medicine Practice Act.
(15) Section 12(c) of the act of October 10, 1975 (P.L.
383, No.110), known as the Physical Therapy Practice Act.
(16) Section 305 of the act of February 19, 1980 (P.L.
15, No.9), known as the Real Estate Licensing and
Registration Act.
(17) Section 8(c) of the act of June 6, 1980 (P.L.197,
No.57), known as the Optometric Practice and Licensure Act.
(18) Section 20(d) of the act of December 14, 1982 (P.L.
1227, No.281), known as the Architects Licensure Law.
(19) Section 28(c) of the act of December 22, 1983 (P.L.
306, No.84), known as the Board of Vehicles Act.
(20) Section 29(b) of the act of December 22, 1983 (P.L.
327, No.85), known as the Auctioneer and Auction Licensing
Act.
(21) Section 703 of the act of December 16, 1986 (P.L.
1646, No.188), known as the Chiropractic Practice Act.
(22) Section 17(b) of the act of July 9, 1987 (P.L.220,
No.39), known as the Social Workers, Marriage and Family
Therapists and Professional Counselors Act.
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(23) Section 15(b) of the act of July 10, 1990 (P.L.404,
No.98), known as the Real Estate Appraisers Certification
Act.
(24) Section 908 of the act of March 20, 2002 (P.L.154,
No.13), known as the Medical Care Availability and Reduction
of Error (Mcare) Act.
(25) Section 702 of the act of October 9, 2008 <--
(P.L.1363, No.100), known as the Crane Operator Licensure
Act.
(26) Section 15 of the act of October 9, 2008 (P.L.1438,
No.118), known as the Massage Therapy Law.
Section 3. This act shall apply to violations which take
place on or after the effective date of this section.
Section 4. This act shall take effect in 60 days.
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