reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) › Extra - Title Notes

Special Provisions in Appendix.
See section 5 of Act 53 of 2020 in the appendix to this title for special provisions
            relating to applicability.
Special Provisions in Appendix.
See section 5 of Act 53 of 2020 in the appendix to this title for special provisions
            relating to applicability.
63c3301h
Enactment.
Unless otherwise noted, the provisions of Title 63 were added July 1, 2020, P.L.575,
            No.53, effective immediately.
Enactment.
Part I (Reserved) was added July 1, 2020, P.L.575, No.53, effective immediately.
Enactment.
Part II was added July 1, 2020, P.L.575, No.53, effective immediately unless otherwise
            noted.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) › Extra - Appendix To Title

APPENDIX TO TITLE 63
PROFESSIONS AND OCCUPATIONS
(STATE LICENSED)
Supplementary Provisions of Amendatory Statutes
2020, JULY 1, P.L.575, NO.53
§ 4. Continuation of prior law.
The addition of 63 Pa.C.S. Ch. 31 is a continuation of the act of July 2, 1993 (P.L.345, No.48). The following apply:
(1) Except as otherwise provided in 63 Pa.C.S. Ch. 31, all activities initiated under the act of July 2, 1993 (P.L.345, No.48), shall continue and remain in full force and effect and may be completed under 63 Pa.C.S. Ch. 31. Orders, regulations, rules and decisions which were made under the act of July 2, 1993 (P.L.345, No.48), and which are in effect on the effective date of section 3 of this act shall remain in full force and effect until revoked, vacated or modified under 63 Pa.C.S. Ch. 31. Contracts, obligations and collective bargaining agreements entered into under the act of July 2, 1993 (P.L.345, No.48), are not affected nor impaired by the repeal of the act of July 2, 1993 (P.L.345, No.48).
(2) Except as set forth in paragraph (3), any difference in language between 63 Pa.C.S. Ch. 31 and the act of July 2, 1993 (P.L.345, No.48), is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the act of July 2, 1993 (P.L.345, No.48).
(3) Paragraph (2) does not apply to the addition of the following provisions:
(i) The definition of "criminal conviction" in 63 Pa.C.S. § 3102.
(ii) 63 Pa.C.S. § 3112.
(iii) 63 Pa.C.S. § 3112.1.
(iv) 63 Pa.C.S. § 3113.
(v) 63 Pa.C.S. § 3114.
(vi) 63 Pa.C.S. § 3115.
(vii) 63 Pa.C.S. § 3116.
(viii) 63 Pa.C.S. § 3117.
(ix) 63 Pa.C.S. § 3118.
Explanatory Note.
Act 53 amended section 9124 of Title 18 and added Parts I (Reserved) and II of Title 63.
§ 5. Applicability.
The addition of 63 Pa.C.S. §§ 3112, 3112.1, 3113, 3114, 3115, 3116, 3117 and 3118 shall apply to official acts and matters, including disciplinary matters, related to the issuance of licenses, certificates, registrations or permits by licensing boards or licensing commissions beginning on or after 180 days after the effective date of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) › Chapter 31 - Powers and Duties › Section 3103 - Investigatory subpoena power

§ 3103. Investigatory subpoena power.
The General Counsel or a designee of the General Counsel shall have the power and duty to issue subpoenas upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before a licensing board or licensing commission for the purpose of investigating alleged violations of the disciplinary provisions administered by a licensing board or licensing commission. The following apply:
(1) If disclosure is subject to a privilege provided by law, patient or client records may not be subpoenaed without the consent of the patient or client or without order of a court of competent jurisdiction showing that the records are reasonably necessary for the conduct of the investigation.
(2) The court may impose such limitation on the scope of the subpoena as may be necessary to prevent unnecessary intrusion into patient or client confidential information.
(3) The attorney responsible for representing the Commonwealth in disciplinary matters before a licensing board or licensing commission is authorized to apply to Commonwealth Court to enforce the subpoenas.
(4) Nothing in this section shall be construed to excuse a person from producing documents and records as requested by a licensing board or licensing commission under any other provision of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) › Chapter 31 - Powers and Duties › Section 3104 - Reporting of sanctions and criminal proceedings

§ 3104. Reporting of sanctions and criminal proceedings.
(a) Duty.--
A licensee, as a condition of licensure, certification, registration or holding a permit, shall provide written notice of the following to the appropriate licensing board or licensing commission within 30 days:
(1) A disciplinary action taken against the licensee by a licensing agency of another jurisdiction.
(2) A finding or verdict of guilt, an admission of guilt, a plea of nolo contendere, probation without verdict, a disposition in lieu of trial or an Accelerated Rehabilitative Disposition of a felony or misdemeanor offense.
(b) Sanctions.--
A licensing board or licensing commission may take disciplinary action against a licensee who violates this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) › Chapter 31 - Powers and Duties › Section 3105 - Hearing examiners

§ 3105. Hearing examiners.
(a) Appointment.--
(1) Notwithstanding any other provision of law, the commissioner, after consultation with the licensing boards and licensing commissions, shall appoint hearing examiners as may be necessary to conduct hearings in disciplinary matters before a licensing board or licensing commission.
(2) Each licensing board and licensing commission shall have the power to decide if a specific disciplinary matter or type of disciplinary matter is to be heard by the licensing board or licensing commission itself or by a hearing examiner appointed under this subsection.
(b) Regulations.--
The commissioner, after consultation with the licensing boards and commissions, shall have the power to promulgate regulations specifying the procedural rules to be followed by hearing examiners in the conduct of hearings in disciplinary matters before a licensing board or licensing commission. All proceedings shall be conducted in accordance with the provisions of 2 Pa.C.S. (relating to administrative law and procedure).
(c) Powers.--
A hearing examiner shall have the power to:
(1) Conduct hearings in accordance with applicable statutes, rules and regulations.
(2) Issue subpoenas requiring the attendance and testimony of individuals or the production of pertinent records or other papers by persons who, in the opinion of the hearing examiner, have information relevant to any matters pending before the hearing examiner and to issue decisions.
(d) Time periods.--
(1) In all disciplinary matters before a licensing board or licensing commission, hearings shall commence within 90 days after the date on which an answer is filed.
(2) A continuance granted prior to the commencement of the hearing shall toll the 90-day requirement by the period of the continuance.
(3) A decision shall be rendered within 180 days after the record is closed.
(4) The licensing board or licensing commission shall render a final adjudication or decision on any exceptions to the decision of a hearing examiner or any applications for review within 90 days of the filing of the exceptions or applications, provided that a board or commission may delegate to a hearing examiner the authority to render a final adjudication or decision in such cases as deemed appropriate.
Cross References.
Section 3105 is referred to in section 3108 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) › Chapter 31 - Powers and Duties › Section 3106 - Suspension

§ 3106. Suspension.
(a) Temporary suspension.--
A licensing board or licensing commission may temporarily suspend a license, certificate, registration or permit under circumstances as determined by the licensing board or licensing commission to be an immediate and clear danger to public health and safety. The following apply:
(1) The licensing board or commission shall issue an order to that effect without a hearing, but upon due notice, to the licensee concerned at the licensee's last known address, which shall include a written statement of all allegations against the licensee.
(2) After issuing the order under paragraph (1), the licensing board or licensing commission shall commence formal action to suspend, revoke or restrict the license, certificate, registration or permit of the person concerned as otherwise provided for by law.
(3) All actions shall be taken promptly and without delay.
(b) Hearing.--
Within 30 days following the issuance of an order of temporary suspension, the licensing board or licensing commission shall conduct or cause to be conducted a preliminary hearing to determine whether there is a prima facie case supporting the suspension. The following apply:
(1) The licensee whose license, certificate, registration or permit has been temporarily suspended may:
(i) be present at the preliminary hearing;
(ii) be represented by counsel;
(iii) cross-examine witnesses;
(iv) inspect physical evidence;
(v) call witnesses;
(vi) offer evidence and testimony; and
(vii) make a record of the proceedings.
(2) If it is determined that there is not a prima facie case, the suspended license, certificate, registration or permit shall be immediately restored.
(3) The temporary suspension shall remain in effect until vacated by the licensing board or licensing commission, but in no event longer than 180 days.
(c) Restoration.--
Restoration of a license, certificate, registration or permit shall be made as provided by law in the case of revocation or suspension of the license, certificate, registration or permit.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) › Chapter 31 - Powers and Duties › Section 3107 - Additional powers for commissioner

§ 3107. Additional powers for commissioner.
(a) Membership on boards and commissions.--
In addition to the powers and duties imposed under law, the commissioner or a designee of the commissioner shall be a member of each of the licensing boards and licensing commissions except the State Board of Certified Real Estate Appraisers and the Navigation Commission for the Delaware River and its Navigable Tributaries.
(b) Designee of Secretary of the Commonwealth.--
The commissioner or a designee of the commissioner may serve as the designee of the Secretary of the Commonwealth on the Navigation Commission for the Delaware River and its Navigable Tributaries.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) › Chapter 31 - Powers and Duties › Section 3107.1 - Virtual operation

§ 3107.1. Virtual operation.
(a) Virtual meetings.--
In addition to the requirements of a practice act to hold public meetings to conduct business, each licensing board and licensing commission shall use a virtual platform to conduct business when a public meeting is held.
(b) Quorum.--
Notwithstanding the provisions of a practice act, for the purposes of a quorum, a licensing board or licensing commission may use a virtual platform to establish a quorum and effectuate business if the platform allows for live participation. Licensing board or licensing commission meetings conducted in this manner shall not need to meet location requirements as may be required in a practice act.
(c) Distance education.--
Each licensing board and licensing commission shall establish rules and regulations for continuing education that provides for distance education if continuing education is required for a license, certificate, registration or permit in a practice act.
(d) Virtual supervision.--
In order to meet the supervision requirements for license, certificate, registration or permit hours in a practice act, each licensing board and licensing commission shall establish rules and regulations providing for virtual supervision in a manner that meets the requirements for licensure, certification, registration or permit and is acceptable to the licensing board and licensing commission.
(Dec. 22, 2021, P.L.488, No.100, eff. imd.)
2021 Amendment.
Act 100 added section 3107.1
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) › Chapter 31 - Powers and Duties › Section 3110 - Reports

§ 3110. Reports.
Licensing boards and licensing commissions shall submit annually to the Consumer Protection and Professional Licensure Committee of the Senate and to the Professional Licensure Committee of the House of Representatives a report containing the following:
(1) Description of the types of complaints received.
(2) Status of cases.
(3) Total number of cases and type of disciplinary action taken.
(4) Percentage of disciplinary actions in relation to the total number of licensees.
(5) Number of closed cases.
(6) Average number of days to close a case.
(7) Number of revocations and suspensions.
(8) Percentage of revocations and suspensions in relation to the total number of licensees.