HB 1566 — An Act amending 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.

PRIOR PRINTER'S NO.

1980 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

43361566 THE2019 GENERALINTRODUCED ASSEMBLYBY OFKORTZ, PENNSYLVANIAKINSEY, HOUSEMERSKI, BILLBURGOS, SessionNEILSON, 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 No.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;

1566providing 2019 INTRODUCED BY KORTZ, KINSEY, MERSKI, BURGOS, NEILSON, HILL- EVANS, READSHAW, FREEMAN, MURT, MILLARD, SCHWEYER, MARKOSEK, FITZGERALD AND WARREN, JUNE 4, 2019 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 1, 2020 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 for hearing examiners in the Bureau of Professional anddingand Commissioner of Professional and Occupational Affairs;

and further providing additionalfor powerscivil topenalties theand Commissionerlicense ofsuspension," Professionalfurther andproviding Occupationalfor Affairs;civil penalties.

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.

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;

and further providing for civil penalties and license suspension," 3108(B)(7) OF TITLE 63 OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES, ADDED JULY 1, 2020 (P.L.575, NO.53), is amended AND THE SUBSECTION IS AMENDED by adding a paragraph to <-- read:

Section 55. § 3108.

<-- * * * (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:

* * * (7)(8) TOTo DENY,issue, SUSPENDupon ORrequest REVOKEof Aa LICENSE,licensee, REGISTRATION,registrant, <--certificate CERTIFICATIONholder ORor PERMITpermit FORholder, FAILUREan TOadvisory PAYopinion ANYconcerning PENALTY,the FEE,meaning INTERESTor ORinterpretation COSTof ASSESSEDan ASact Aor RESULTregulation OFpertaining Ato DISCIPLINARYthe PROCEEDINGlicense, BEFOREregistration, Acertificate LICENSINGor BOARDpermit ORissued COMMISSION[.],by EXCEPTthe THATlicensing UNDERboard NOor CIRCUMSTANCEcommission. SHALL A BOARD OR COMMISSION LEVY A CIVIL PENALTY OR DENY, SUSPEND OR REVOKE A LICENSE, REGISTRATION, 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.

1644No (MARCHperson 21,who 2020),acts ANDin ANYgood RENEWALfaith OFon THEan STATEadvisory OFopinion DISASTERissued EMERGENCY.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.

(8)An Toadvisory issue,opinion uponshall requestnot ofbe abinding licensee,upon registrant,the certificatelicensing holderboard or permitcommission holder,except anwith advisoryrespect opinionto concerning the meaningperson or interpretation of an act or regulation pertaining to thewhom license, registration, certificate or permit issued by the licensingopinion boardis orrendered. LICENSING commission.

No person who acts in good faith on an <-- advisory opinion issued by a licensing board or LICENSING <-- 20190HB1566PN4336 - 2 - 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.

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 63within PA.C.S.18 months of the effective date of this section.

§ 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 <-- effective date of this section.

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