1Amending the act of July 2, 1993 (P.L.345, No.48), entitled "An
2act empowering the General Counsel or his designee to issue
3subpoenas for certain licensing board activities; providing
4for hearing examiners in the Bureau of Professional and
5Occupational Affairs; providing additional powers to the
6Commissioner of Professional and Occupational Affairs; and
7further providing for civil penalties and license
8suspension," providing for reporting of sanctions and
9criminal proceedings and for temporary and automatic
10suspension.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. The act of July 2, 1993 (P.L.345, No.48),
14entitled "An act empowering the General Counsel or his designee
15to issue subpoenas for certain licensing board activities;
16providing for hearing examiners in the Bureau of Professional
17and Occupational Affairs; providing additional powers to the
18Commissioner of Professional and Occupational Affairs; and
19further providing for civil penalties and license suspension,"
20is amended by adding sections to read:

21Section 2.1. Reporting of sanctions and criminal proceedings.

1(a) Duty.--An individual who holds a license, certificate or
2registration issued by the Bureau of Professional and
3Occupational Affairs Licensure shall, as a condition of
4licensure, certification or registration, do all of the
5following:

6(1) Report to the appropriate licensing board or
7licensing commission a disciplinary action taken against the
8licensee, certificate holder or registrant by a licensing
9agency of another jurisdiction.

10(2) Report to the appropriate licensing board or
11licensing commission any arrest, indictment or conviction of
12the licensee, certificate holder or registrant.

13(b) Time.--A report under subsection (a) shall be made as
14follows:

15(1) Within 30 days of the imposition of the sanction
16under subsection (a)(1).

17(2) Except as set forth in paragraph (3), within 30 days
18of the earlier of:

19(i) an arrest under subsection (a)(2); or

20(ii) an indictment under subsection (a)(2).

21(3) In the case of a criminal action under subsection
22(a)(2) which is initiated prior to the effective date of this
23paragraph, within 30 days from the later of:

24(i) the date of conviction; or

25(ii) the effective date of this paragraph.

26(c) Sanctions.--A licensing board or licensing commission
27shall take disciplinary action against a licensee, certificate
28holder or registrant who violates this section.

29Section 3.1. Temporary and automatic suspension.

30(a) Temporary suspension.--A licensing board or licensing

1commission may temporarily suspend a license, certificate or
2registration under circumstances as determined by the board or
3commission to be an immediate and clear danger to the public
4health and safety. The board or commission shall issue an order
5to that effect without a hearing, but upon due notice, to the
6licensee or certificate holder concerned at his last known
7address, which shall include a written statement of all
8allegations against the licensee or certificate holder. The
9board or commission shall thereupon commence formal action to
10suspend, revoke or restrict the license or certificate of the
11person concerned as otherwise provided for by law. All actions
12shall be taken promptly and without delay.

13(b) Hearing.--Within 30 days following the issuance of an
14order temporarily suspending a license, the licensing board or
15licensing commission shall conduct or cause to be conducted a
16preliminary hearing to determine that there is a prima facie
17case supporting the suspension. The licensee or certificate
18holder whose license or certificate has been temporarily
19suspended may be present at the preliminary hearing and may be
20represented by counsel, cross-examine witnesses, inspect
21physical evidence, call witnesses, offer evidence and testimony
22and make a record of the proceedings. If it is determined that
23there is not a prima facie case, the suspended license shall be
24immediately restored. The temporary suspension shall remain in
25effect until vacated by the board or commission, but in no event
26longer than 180 days.

27(c) Automatic suspension.--A license or certificate issued
28by a licensing board or licensing commission shall automatically
29be suspended upon:

30(1) the legal commitment to an institution of a licensee

1or certificate holder because of mental incompetency from any
2cause upon filing with the board or commission a certified
3copy of the commitment; or

4(2) conviction of a felony under the act of April 14,
51972 (P.L.233, No.64), known as The Controlled Substance,
6Drug, Device and Cosmetic Act, or conviction of an offense
7under the laws of another jurisdiction, which, if committed
8in this Commonwealth, would be a felony under The Controlled
9Substance, Drug, Device and Cosmetic Act.

10(d) Stay.--Automatic suspension under subsection (c) shall
11not be stayed pending any appeal of a conviction.

12(e) Restoration.--Restoration of a license or certificate
13shall be made as provided by law in the case of revocation or
14suspension of the license or certificate.

15(f) Definition.--As used in this section, the term
16"conviction" shall include a judgment, an admission of guilt or
17a plea of nolo contendere.

18Section 2. This act shall take effect in 60 days.