reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CONTINUED COMPETENCY › Section 42.54 - Education program providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Educational courses offered by preap-proved and
					 Board-approved providers will be accepted as satisfying the continued
					 competency requirement. It is the responsibility of the licensee to ascertain
					 the approval status of the provider before undertaking a course.
(b)
Rights reserved.
The
					 Board reserves the right to reject a course if the content is outside of the
					 scope described in §
											42.55(a)
					 (relating to acceptable continued competency activities).
(c)
Preapproved providers.
The Board has preapproved educational courses provided, coprovided or approved
					 by the following entities:
(1) A National,
					 international or state-level occupational therapy association.
(2) The American Occupational Therapy
					 Association's Approved Provider Program.
(3) American Society of Hand
					 Therapists.
(4) Association for
					 Driver Rehabilitation Specialists.
(5) Department of Education.
(6) An accredited college or university or
					 post-secondary vocational technical school or institution.
(7) Federal or State government programs
					 related to health care.
(8) A
					 provider approved by another health licensing board within the Bureau of
					 Professional and Occupational Affairs or another State licensure
					 board.
(9) National and State
					 professional health care organizations.
(10) National and State professional
					 education organizations.
(11)
					 National Alliance for the Mentally Ill.
(12) Case Management Society of
					 America.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CONTINUED COMPETENCY › Section 42.55 - Acceptable continued competency activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Irrespective of the provider, contact
					 hours will only be awarded for continued competency activities that are
					 relevant to the practice of occupational therapy including direct care,
					 management, education and research. Contact hours will not be awarded for
					 activities related to marketing, office management, financial gain or
					 self-promotion.
(b) The following
					 activities are acceptable so long as the specific activity complies with
					 subsection (a):
(1) Educational courses.
(i) For continuing education courses, contact
					 hours equal the number of instructional hours.
(ii) For academic courses, one credit equals
					 15 contact hours.
(iii) Instead of
					 the documentation required under §
													42.57(a)
					 (relating to documentation and reporting of continued competency activities),
					 acceptable documentation of educational courses consists of an official
					 transcript or certificate of completion indicating the name and date of the
					 course and a description of the course from the school catalog or
					 brochure.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CONTINUED COMPETENCY › Section 42.56 - Waivers of continued competency requirements; extension of time to complete

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Board may waive all or part of the continued competency activity requirements,
					 or grant an extension of time to complete the requirements, in the case of a
					 serious illness, injury or emergency which prevents a licensee from completing
					 the continued competency requirements.
(b) A licensee seeking a waiver or extension
					 of time shall submit a written request and provide documentary evidence to the
					 satisfaction of the Board of the serious illness, injury or emergency which
					 would preclude the completion of the continued competency
					 requirements.
(c) The request for a
					 waiver or extension of time shall be filed with the Board 60 days before the
					 end of the biennium in which the contact hours are being accrued unless the
					 licensee proves to the satisfaction of the Board that it was impracticable to
					 do so.
The provisions of this §
													42.56 issued under sections 5(b)
						  and 15(a) of the Occupational Therapy Practice Act (63 P. S. §§
														1505(b) and
						  1515(a)); amended under
						  sections 5(b), 8(5)(vi) and 15(a) of the Occupational Therapy Practice Act
						  (63
						  P.S. §§
														1505(b),
						  1508(5)(vi) and
						  1515(a)).
This section cited in 49 Pa. Code §
													42.51 (relating to purpose); and
						  49 Pa. Code §
													42.52 (relating to definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CONTINUED COMPETENCY › Section 42.57 - Documentation and reporting of continued competency activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A provider of a
					 continued competency activity shall furnish to each participant documentation,
					 signed by the provider, which includes all of the following, unless otherwise
					 directed in §
											42.55(b)(1)(iii), (2)(iv), (3)(ii), (4)(iii),
					 (5)(ii) and (6)(iv)  (relating to acceptable
					 continued competency activities):
(1) The
					 name of the participant, provider and instructor.
(2) The title, date and location of the
					 activity.
(3) The number of contact
					 hours awarded.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CONTINUED COMPETENCY › Section 42.58 - Disciplinary action

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee who fails to comply with the continued
						competency activity requirements or the audit requirements or submits false
						documents in connection with the continued competency requirement will be
						subject to disciplinary action under section 16 of the act (63 P.S. §
												1516).
The provisions of this §
													42.58 issued under sections 5(b)
						  and 15(a) of the Occupational Therapy Practice Act (63 P. S. §§
														1505(b) and
						  1515(a)); amended under
						  sections 5(b), 8(5)(vi) and 15(a) of the Occupational Therapy Practice Act
						  (63
						  P.S. §§
														1505(b),
						  1508(5)(vi) and
						  1515(a)).
This section cited in 49 Pa. Code §
													42.51 (relating to purpose); and
						  49 Pa. Code §
													42.52 (relating to definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › PROFESSIONAL LIABILITY INSURANCE › Section 42.61 - Professional liability insurance requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Effective July 1, 2013, an occupational
					 therapist shall obtain and maintain professional liability insurance coverage
					 in the minimum amount of $1 million per occurrence or claims made.
(b) Proof of professional liability insurance
					 coverage may include:
(1) A certificate of
					 insurance or copy of the declaration page from the insurance policy setting
					 forth the effective date, expiration date and dollar amounts of
					 coverage.
(2) Evidence of a plan of
					 self-insurance approved by the Insurance Commissioner of the Commonwealth under
					 regulations of the Insurance Department in 31 Pa. Code Chapter 243 (relating to
					 medical malpractice and health-related self-insurance
					 plans).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › PROFESSIONAL LIABILITY INSURANCE › Section 42.62 - Notifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An occupational
					 therapist shall notify the Board within 30 days of a failure to maintain the
					 required professional liability insurance.
(b) An occupational therapist whose license
					 was issued in reliance on a letter or certificate as permitted under section
					 8(5)(iv)(A) and (B) of the act (63 P.S. §
												1508(5)(iv)(A) and
					 (B)) and in accordance with §§
											42.13(b) (2) or
					 (3),
					 42.14(c)(2) or
					 (3), or
					 42.15(d)(2) or
					 (3) (relating to application for licensure;
					 foreign-educated applicants; and application for temporary license) shall
					 provide the Board with proof of professional liability insurance coverage as
					 set forth in §
											42.61 (relating to professional
					 liability insurance requirement) within 30 days after the date of issuance of
					 the license or beginning of employment, as applicable.
(c) Failure to notify the Board within 30
					 days as required in subsection (a) or (b) constitutes unprofessional conduct
					 and subjects the occupational therapist to disciplinary action under section
					 16(a)(2) of the act (63 P.S. §
												1516(a)(2)).
The provisions of this §
													42.62 issued under sections 5(b),
						  8(5)(vi) and 15(a) of the Occupational Therapy Practice Act (63 P.S.
						  §§
														1505(b),
						  1508(5)(vi) and 1515(a)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › PROFESSIONAL LIABILITY INSURANCE › Section 42.63 - Automatic suspension

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 occupational therapist's license will be automatically suspended during any
					 period in which the occupational therapist fails to maintain professional
					 liability insurance.
(b) A license
					 that has been automatically suspended under subsection (a) will be reinstated
					 only upon receipt of a copy of documentation demonstrating that the
					 occupational therapist has the required professional liability insurance as set
					 forth in §
											42.61 (relating to professional
					 liability insurance requirement).
The provisions of this §
													42.63 issued under sections 5(b),
						  8(5)(vi) and 15(a) of the Occupational Therapy Practice Act (63 P.S.
						  §§
														1505(b),
						  1508(5)(vi) and
						  1515(a)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to adopt a schedule of
						civil penalties, procedures for their imposition and procedures for appeal for
						persons operating without a current, registered, unsuspended and unrevoked
						license, registration, certificate or permit. The schedule of civil penalties
						also includes penalties imposed for violating provisions of statutes and
						regulations of the licensing boards and relating to the conduct or operation of
						a business or facility as licensed by a licensing board in the
						Bureau.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Act
-The act of July 2, 1993 (P. L. 345,
						No. 48) (63 P. S. §§
												2201-2207).
Authorized agent
-An individual
						authorized by the Bureau to issue citations in accordance with the act.
Bureau
-The Bureau of Professional and
						Occupational Affairs under the Commissioner within the Department of
						State.
Commissioner
-The Commissioner of
						Professional and Occupational Affairs.
Formal action
-Written charges initiated
						by the filing of an order to show cause as provided for under 1 Pa. Code §
											35.14 (relating to orders to show
						cause).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.3 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Inspections/investigations
. Authorized agents may conduct
					 inspections and investigations for the purpose of ascertaining compliance with
					 statutory provisions and regulations of licensing boards and commissions
					 relating to required licensure and the conduct or operation of a business or
					 facility.
(b)
Citations
.
(1) If an
					 inspection reveals a violation of a statute or a regulation for which a civil
					 penalty has been established under the schedules in this chapter, the
					 authorized agent may prepare a citation indicating the violations found and the
					 penalties imposed. A copy of the citation will be provided to the
					 respondent.
(2) The citation shall
					 be made on a form approved by the Bureau.
(3) Within 10 days of the date of the
					 issuance of the citation, the respondent shall enter one of the following:
(i) A plea to admit to the violation and
					 remit payment of the civil penalty to the Bureau.
(ii) A plea to deny the violation and request
					 a hearing to contest the imposition of a civil penalty.
(4) Failure to respond to the citation in the
					 manner specified in paragraph (3) within 10 days will result in the entry of a
					 default judgment against the respondent for the full amount of the civil
					 penalty and may result in additional disciplinary action.
(5) The civil penalties shall be paid by
					 certified check or cashier's check or money order and made payable to the
					 "Commonwealth of Pennsylvania," and mailed to: Commonwealth of Pennsylvania,
					 Department of State, Complaints Office-Citations, Post Office Box 2649,
					 Harrisburg, Pennsylvania 17105-2649.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.6 - Schedule of civil penalties-funeral directors and funeral establishments

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF FUNERAL DIRECTORS
Violation under 35 P.
								  S.
Title/Description
Civil Penalty
Section 637.6(a)(1)
Failure of funeral establish-ment to post a sign
								  as required under section 4 of the Clean Indoor Air Act (35 P. S. §
																637.4)
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Section 637.6(a)(2)
Funeral establishment permitting smoking in the
								  funeral establishment in violation of the Clean Indoor Air Act (35 P. S.
								  §§
																637.1-637.11)
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Section 637.6(a)(3)
Licensee of the Board smoking in a funeral
								  establishment in violation of the Clean Indoor Air Act
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Violation under 63 P.
								  S.
Title/Description
Civil Penalty
Section 479.6
Failure to display licenses
								  conspicuously
1st offense-$50
2nd offense-$250
Section 479.13
Practice without license
Any offense-$1,000
Violation under 49 Pa. Code Chapter
								  13
Title/Description
Civil Penalty
Section
								  13.83 Section 13.84 Section
								  13.194
Requirements for advertising of name of licensee
1st offense-$100
2nd offense-$250
Section 13.91
Operating funeral establish-ment without Board
								  approval
Any offense-$1,000
Section 13.171
Use of preparation room for purposes other than
								  embalm-ing or caring for remains
1st offense-$100
2nd offense-Formal action
Section 13.174
Preparation room facility and equipment
								  requirements
1st offense-$100 per violation
2nd offense-$250 per violation
Section 13.182
Improper disposal of waste products including
								  biohazardous waste
1st offense-$100
2nd offense-$500
Section 13.193
Advertising name of perm-anent
								  supervisor
1st offense-$100
2nd offense-$250
Section 13.224
Failure to comply with reporting requirements for
								  prepaid burial contracts
1st offense-$100
2nd offense-Formal action
Section 13.225
Failure to file affidavit for prepaid burial
								  account
1st offense-$100
2nd offense-Formal action
Section 13.231
Practicing on a lapsed license
Up to 60 days-1st offense-Warning
60 days or more-$500
2nd offense-Formal action
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.7a - Schedule of civil penalties-pharmacists and pharmacies-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF PHARMACY
Violation under49 Pa. CodeChapter
								  27
Title/Description
Civil Penalty
Section 27.31
Biennial renewal-(c) Practicing on a
								  lapsedlicense or permit
0-4 months-$50 per month;
over 4 months-8 months-$100 per month;
Over 9 months-12 months-$200 per month;
Over 1 year-formal action
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.10 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.11 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.11a - Schedule of civil penalties-architects

Current through Register Vol. 54, No. 28, July 13, 2024
STATE ARCHITECTS LICENSURE BOARD
Violation under 63 P.
								  S.
Violation under 49 Pa. Code Chapter
								  9
Title/Description
Civil Penalty
Section 34.12
N/A
Anyone impressing an architect's seal or
								  knowingly permitting it to be impressed on drawings, specifications or other
								  design documents after the architect's license has been revoked, annulled or
								  suspended.
1st offense-$1,000
2nd offense-Formal action
Section 34.12
§ 9.142(a)
An architect whose license has expired impressing
								  the architect's seal or knowingly permitting the architect's seal to be
								  impressed on drawings, specifications or other design documents after lapse or
								  expiration of the license.
0 to 6 months'
lapse-Warning
6 to 12 months'
lapse-$500
12 to 24 months'
lapse-$1,000
24 months' or greater lapse-Formal
								  action
Section 34.13(j)
§ 9.163
Engaging in the practice of architecture as a
								  professional association, partnership, professional corporation, limited
								  liability company, limited liability partnership or business corporation
								  without first receiving the written approval of the Board.
0 to 6 months-Warning
6 to 12 months-$500
12 to 24 months-$1,000
Over 24 months-Formal action
Section 34.18(a)
§ 9.171
An individual engaging in the practice of
								  architecture or offering to engage in the practice of architecture in this
								  Commonwealth, or using any title, sign, card or device implying that the
								  individual is competent to engage in the practice of architecture without ever
								  having obtained a license to practice architecture in this
								  Commonwealth.
1st offense-$1,000
2nd offense-Formal action
Section 34.18(a)
§ 9.103
An individual engaging in the practice of
								  architecture or offering to engage in the practice of architecture in this
								  Commonwealth, or using any title, sign, card or device implying that the
								  individual is competent to engage in the practice of architecture during a
								  period when the individual's license issued by the Board is lapsed or
								  expired.
0 to 6 months'
lapse-Warning
6 to 12 months'
lapse-$500
12 to 48 months'
lapse-$1,000
48 months' or greater lapse-Formal
								  action
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.12 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.13 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.13a - Schedule of civil penalties-engineers, land surveyors and geologists

Current through Register Vol. 54, No. 28, July 13, 2024
STATE REGISTRATION BOARD FOR PROFESSIONAL
						ENGINEERS, LAND SURVEYORS AND GEOLOGISTS
Violation Under 63 P.S.
Title/Description
Penalties
Section 150(a)
Offering to practice engineering, land surveying
								  or geology in this Commonwealth by representing oneself as an engineer, land
								  surveyor or geologist on sign, advertisement, letterhead or card, as construed
								  by 63 P.S. §
																150(b), without being
								  licensed or registered
1st offense-$1,000
2nd offense-formal action
Section 151.5(b) and (c)
Failure to complete the required amount of
								  continuing education
First offense-$50 per hour of deficiency, not to
								  exceed $1,000
Subsequent offense-formal action
Violation Under 49 Pa. Code Chapter
								  37
Title/Description
Penalties
Section 37.111(f) Section 37.18(3)
Failure to respond to continuing education audit
								  request within 30 days or other time period in audit request Practicing
								  engineering, land surveying or geology in this Commonwealth after license and
								  registration have lapsed (while in compliance with continuing education
								  requirements)
First offense-$100
Second offense-$250
Third offense-$500
Subsequent offense-formal action
One renewal cycle or less-$50 per month lapsed,
								  not to exceed $1,000
More than one renewal cycle-formal
								  action
The provisions of this §
													43b.13a amended under section 5(a)
						  of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. §
														2205(a)).
This section cited in 49 Pa. Code §
													37.111 (relating to continuing
						  education).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.14 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.14a - Schedule of civil penalties-dentists, dental hygienists and expanded function dental assistants

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF DENTISTRY
Violation under 49 Pa.
								  Code
Title/Description
Civil penalty
§ 33.105(c)
Practicing on a lapsed
								  license/certificate
1st offense-Dentists-$100/month
Dental hygienists-$50/month
Expanded function dental
								  assistants-$25/month
2nd offense-formal action
The provisions of this §
													43b.14a amended under section 5(a)
						  of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. §
														2205(a)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.15 - Schedule of civil penalties-certified real estate appraisers-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF CERTIFIED REAL ESTATE
						APPRAISERS
Violation Under 49 Pa. Code Chapter
									 36
Title/Description
Civil Penalty
Section 36.13(a)(3)(iii)
Failing to ensure that appraiser assistant
									 signs appraisal document as assistant to certified real estate appraiser
1st offense-$250
2nd offense-$500
Section 36.51
Failing to retain workfile for period required
									 under Uniform Standards of Professional Appraisal Practice (USPAP) Ethics Rule
									 on recordkeeping
1st offense-$250
2nd offense-$500
Section 36.51
Failing to identify type of appraisal report
									 under USPAP Standards Rule 2-2
1st offense-$250
2nd offense-$500
Section 36.52
Failing to place name, signature, title and
									 appraiser certification number on appraisal report or appraisal agreement
1st offense-$125
2nd offense-$250
Section 36.91(c)
Practicing on an expired appraiser
									 certification
1st offense
0-5 mos.-$250
6-12 mos.-$500
Over 12 mos.-formal action
2nd offense-formal action
Section 36.265
Failing to place name, signature, title and CPE
									 certification number on appraisal report
1st offense-$125
2nd offense-$250
Section 36.271(c)
Practicing on expired CPE
									 certification
1st offense
0-5 mos.-$250
6-12 mos.-$500
Over 12 mos.-formal action
2nd offense-formal action
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.16 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.16a - Schedule of civil penalties-audiologists and speech-language pathologists

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE
						PATHOLOGY AND AUDIOLOGY
Violation under
Title /Description
Civil Penalty
63
								  P.S. §
																1706
Practicing as an audiologist or speech-language
								  pathologist on a lapsed license
0-12 months-$50 per month
Over 12 months-formal action
2nd offense-formal action
49 Pa. Code § 45.501
Failure to complete 20 hours of approved
								  continuing education during a biennial renewal period
1st offense-$100 per clock hour
2nd offense-formal action
The provisions of this §
													43b.16a amended under section 5 of
						  the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. §
														2205).
This section cited in 49 Pa. Code §
													45.507 (relating to disciplinary
						  action authorized).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.17 - Schedule of civil penalties-nursing home administrators-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF EXAMINERS OF NURSING HOME
						ADMINISTRATORS
Violation under 63 P.
								  S.
Title/Description
Civil Penalty
Section 1114.1
Practicing nursing home administration on a
								  lapsed license
0 to 12 months-$80 per month
Over 12 months-formal action
2nd offense-formal action
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.18 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.18a - Schedule of civil penalties-nurses

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF NURSING
Violation under 63 P.
								  S.
Title/Description
Civil Penalty
Section 225.4
Practicing professional nursing on a lapsed
								  license
1st offense-
0-12 mos.- $100 per month up to $1,000
Over 12 months- Formal action
2nd offense- Formal action
Section 664(4)
Practicing practical nursing on a lapsed license
1st offense-
0-12 mos.- $75 per month;
Over 12 months- Formal action
2nd offense- Formal action
Section 225.4
Holding oneself out as a licensed dietitian-
								  nutritionist on a lapsed license
1st offense-
0-12 months- $100 per month up to $1,000
Over 12 months- Formal action
2nd offense- Formal action
Section 222(b)
Failure to complete 30 hours of approved
								  continuing education
1st offense-
Deficiency of 1-10 hours-$250
Deficiency of 11-20 hours-$500
Deficiency of 21-30 hours-$1,000
2nd offense- Formal action
This section cited in 49 Pa. Code §
													21.131 (relating to continuing
						  education); and 49 Pa. Code §
													21.823 (relating to CNS-level
						  continuing education; waiver;
						  sanctions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.19 - Schedule of civil penalties-occupational therapists and occupational therapy assistants-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND
						LICENSURE
Violation under 63 P.
								  S.
Title/Description
Civil Penalty
Section 1506(a)
License Required-Practicing or indicating the
								  ability to practice occupational therapy by person never
								  licensed
0 to 4 months-$50 per month
over 4 months to 8 months-$100 per month
9 months and over-$200 per month, up to total of
								  $1,000
Section 1513(b)
Use of title occupational therapist or licensed
								  occupational therapist or the letters O.T./L., O.T.R./L., L./O.T. or L./O.T.R.
								  by person never licensed or not holding a current license
1st offense-$500
2nd offense-$1,000
Section 1513(c)
Use of words occupational therapy assistant or
								  licensed occupational therapy assistant or the letters C.O.T.A./L., O.T.A./L.,
								  L./C.O.T.A. or L./O.T.A. by person never licensed or not holding a current
								  license.
1st offense-$500
2nd offense-$1,000
Section 1515(a)
Renewal of license-Practicing on a lapsed license
0 to 4 months-$50 per month
over 4 months to 8 months-$100 per month
9 months and over-$200 per month, up to total of
								  $1,000
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.20 - Schedule of civil penalties-physicians and other board regulated practitioners-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF MEDICINE
Violation under 40 P.
								  S.
Title/Description
Civil Penalty
1303.903(1)
Failure of physician to report to the Board
								  within 60 days of the occurrence of any of those events enumerated in Section
								  903(1) of the Medical Care Availability and Reduction of Error (Mcare)
								  Act.
Each offense-$1,000
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.21 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.21a - Schedule of civil penalties-veterinarians and certified veterinary technicians

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF VETERINARY MEDICINE
Violation under 63 P.
								  S.
Violation under 49 Pa. Code Chapter
								  31
Title/Description
Civil Penalty
Sections 485.17 and 485.21(3)
N/A
Failure to display current
								  license.
Each offense-$100
Section 485.21(1)
§ 31.21 Principle 5(c)
Improper advertising of emergency services.
First offense-$250
Second offense-$1,000
Subsequent offense-formal action
Sections 485.9(a) and 485.21(1)
§ 31.13
Practicing veterinary medicine on an expired
								  license.
0-6 months-warning
7-12 months-$500
13-24 months-$750
25-30 months-$1,000
More than 30 months-formal action
Section 485.21(1)
§ 31.36
Practicing veterinary technology on an expired
								  certificate.
0-6 months-warning
7-12 months-$250
13-24 months-$500
25-30 months $750
More than 30 months-formal action
Section 485.18
§ 31.15
Failure of veterinarian to complete required
								  continuing education during the preceding biennial renewal period, which is
								  corrected within 6 months.
First offense-$150 per credit hour
Second offense-formal action
Section 485.18
§ 31.36(a)
Failure of certified veterinary technician to
								  complete required continuing education during the preceding biennial renewal
								  period, which is corrected within 6 months.
First offense-$25 per credit hour
Second offense-formal action
Section 485.21(1)
§ 31.21 Principle 8(d)
Improper labeling of dispensed
								  drugs.
First offense-$500
Second offense-$1,000
Subsequent offense-formal action
Section 485.21(1)
§ 31.21 Principle 8(c)
Improper packaging of dispensed
								  drugs.
First offense-$500
Second offense-$1,000
Subsequent offense-formal action
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.22 - Schedule of civil penalties-chiropractors

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF CHIROPRACTIC
Violation Under 63 P.
								  S.
Title/Description
Penalties
Section 625.507(a)
Failure to timely complete the required amount of
								  continuing education
First offense-$50 per hour of deficiency, not to
								  exceed $1,000
Subsequent offense-formal action
Violation Under 49 Pa. Code Chapter
								  5
Title/Description
Penalties
Section 5.17(g)
Practice on a lapsed license in compliance with
								  continuing education and malpractice insurance requirements-first
								  offense
Less than 6 months-$250
6 months to 12 months-$500
12 months to 24 months-$1,000
This section cited in 49 Pa. Code §
													5.77 (relating to failure to meet
						  continuing education requirements).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.23 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.23a - Schedule of civil penalties-massage therapists

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF MASSAGE THERAPY
Violation under 63
								  P.S.
Violation under 49 Pa.
								  Code
Title/Description
Civil Penalty
Section 20.42(a)(14)
Failure to display current license or wallet
								  card.
1st offense-$250
2nd and subsequent offenses-$500
Section 20.42(a)(15)
Failure to include massage therapy license
								  number in advertisements.
1st offense-$250
2nd and subsequent offenses-$500
Section 20.42(a)(16)
Failure to display name and title.
1st offense-$250
2nd and subsequent offenses-$500
Section 627.6(b)(1)(i)
Failure to hold current certification to
								  administer CPR.
1st offense-$250
2nd offense-$500
Subsequent offense-formal action
Sections 627.6(b)(1)(ii) and 627.4(6)
Section 20.32(a)
Failure to complete 24 hours of continuing
								  education courses approved by the Board during the 24 months preceding license
								  renewal.
1st offense-$100 per credit hour up to 10 credit
								  hours
More than 10 credit hours-formal action
2nd and subsequent offenses-formal
								  action
Section 627.14(a)
Holding oneself out as a massage therapist or
								  practicing massage therapy while unlicensed.
1st offense-$1,000
2nd and subsequent offenses-formal
								  action
Section 627.14(c)
Employing an individual in massage therapy who
								  is not licensed.
1st offense-$1,000
2nd and subsequent offenses-formal
								  action
Section 627.14(d)
A business utilizing the words massage, massage
								  therapist, massage practitioner, masseur, masseuse, myotherapist or any
								  derivative of these terms or abbreviations, unless the services of the business
								  are provided by licensees.
1st offense-$500
2nd and subsequent offenses-formal
								  action
Section 627.14(e)
Section 20.31(b) and (i)
Practicing massage therapy on an expired or
								  inactive license.
1st offense-12 months or less- $250
More than 12 months but no more than 18
								  months-$500
More than 18 months but no more than 24
								  months-$1,000
More than 24 months-formal action
2nd offense-12 months or less-$500
More than 12 months but no more than 18
								  months-$1,000
More than 18 months-formal action
Subsequent offenses-formal action
This section cited in 49 Pa. Code §
													20.34 (relating to penalty for
						  failure to complete continuing
						  education).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.25 - Schedule of civil penalties-optometrists

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF OPTOMETRY
Violation under 63 P.
								  S.
Title/Description
Civil Penalty
Section 244.8(d)
Practicing or offering to practice optometry by
								  person whose license is expired.
1st offense-less than 5 months-$250; 5 months to
								  8 months-$500; over 8 months to 12 months-$1,000; over 12 months-formal action
2nd offense-less than 6 months-$500; 6 months to
								  12 months-$1,000; over 12 months-formal action
3rd or subsequent offense-formal
								  action
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.27 - Schedule of civil penalties-podiatrists

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF PODIATRY
Violation Under 63 P.S.
Violation Under 49 Pa. Code
Title/Description
Civil Penalty
Section 42.12
Section 29.14(a)
Practicing or offering to practice podiatry by a
								  person whose license is expired
1st offense-$50 per month, or portion of a month,
								  not to exceed $1,000; over 20 months-formal action
2nd offense-$100 per month, or portion of a
								  month, not to exceed $1,000; over 10 months-formal action
Subsequent offenses-formal action
Section 42.9a
Section 29.61(a)
Failure to complete required hours of continuing
								  education during the 2 years preceding renewal
1st offense-$50 per hour of deficiency, not to
								  exceed $1,000; over 20 hours- formal action
2nd offense-$100 per hour of deficiency, not to
								  exceed $1,000; over 10 hours- formal action
Subsequent offenses-formal action
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.28 - Schedule of civil penalties-crane operators

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF CRANE OPERATORS
Violation under 63 P.S.
Violation under 49 Pa. Code
Title/Description
Penalties
Section 2400.501(a)
§ 6.41(a)
Operating a crane without a license, provided
								  that no bodily injury or property damage was involved.
1st Offense-$750
Subsequent offenses-formal action
Section 2400.501(b)
§ 6.43(a)
Employing, allowing, directing, retaining or
								  hiring an unlicensed individual or independent contractor to operate a crane,
								  provided that no bodily injury or property damage was involved.
1st Offense-$1,000
Subsequent offenses-formal action
Section 2400.501(e)
§ 6.41(a)
Holding oneself out as being able to operate a
								  crane or using the title "licensed crane operator" or the abbreviation "L.C.O."
								  without a license or after a crane operator's license has lapsed or
								  expired.
1st Offense-$500
2nd Offense-$750
Subsequent offenses-formal action
§ 6.31(a)
Operating a crane on a lapsed or expired
								  (unregistered) license, provided that no bodily injury or property damage was
								  involved.
1st Offense-Up to 24 months, $50 per month not
								  to exceed $1,000; over 24 months-formal action
2nd Offense-Up to 12 months, $100 per month not
								  to exceed $1,000; over 12 months-formal action
Subsequent offenses-formal action
§ 6.42(f)
Failing to notify the Board in writing within 10
								  days of the institution of criminal proceedings in a court case against the
								  crane operator.
1st Offense-$750
Subsequent offenses-formal action
Section 2400.502(b)
§ 6.32(a)(2)
Failing to maintain certification or to submit
								  evidence of renewal of certification before the expiration date of
								  certification.
1st offense-$1,000
Subsequent offenses-formal action
The provisions of this § 43b.28 added under
						  63 Pa.C.S. §
														3108(a)(1).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter B - EXPUNGEMENT › Section 43b.101 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Expunge
or
expungement
-Removal of a disciplinary record from a licensee's
						record accomplished by (1) permanently sealing the affected record from public
						access; (2) deeming the disciplinary proceedings to which the affected record
						refers as not having occurred; and (3) except with respect to any subsequent
						application for expunge-ment, affording the licensee the right to represent
						that no record exists regarding the subject matter of the affected
						record.
Licensee
-Any person holding a license,
						registration, certificate or permit issued by a licensing board or commission
						under the Bureau.