THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, BRIGGS, KORTZ, KOTIK, GEIST, SWANGER, CALTAGIRONE, COHEN, DeWEESE, HORNAMAN, MUNDY, PASHINSKI, CREIGHTON AND JOSEPHS, MARCH 26, 2012

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 26, 2012  

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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  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; 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 by adding paragraphs to read:

Section 5.  Civil penalties.

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(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:

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(6)  To collect all fees, costs, fines and penalties

assessed as a result of disciplinary proceeding before a

licensing board or commission. All fees, costs, fines and

penalties may, together with interest and any costs

associated with collection, be a judgment in favor of the

licensing board or commission upon the person or subject of

the order. The licensing board or commission may transmit a

copy of the final disposition if all fees, costs, fines and

penalties together equal $1,000 or more to the prothonotary

in the Commonwealth Court. The prothonotary shall enter and

docket the same without requiring payment of costs as a

condition precedent to the entry thereof. The total amount

for which the person or subject of the order is liable shall

be entered as a judgment upon the person or subject

regardless of whether the amount has been ordered to be paid

in installments. Any lien obtained under this section shall

maintain its priority indefinitely, and no writ of revival

need be filed. Once a judgment is paid in full to the

licensing board or commission, the licensing board or

commission shall, within 90 days, notify the prothonotary of

receipt of payment in full and request the judgment be noted

as satisfied in full.

(7)  To deny, suspend or revoke a license, registration

or certification for failure to pay any fine or fee assessed

as a result of disciplinary proceeding before a licensing

board or commission.

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