PRINTER'S NO. 1496
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1135
Session of
2024
INTRODUCED BY COLEMAN, PHILLIPS-HILL, LANGERHOLC, ROTHMAN,
MARTIN, J. WARD AND HUTCHINSON, APRIL 5, 2024
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 5, 2024
AN ACT
Amending Title 63 (Professions and Occupations (State Licensed))
of the Pennsylvania Consolidated Statutes, in powers and
duties, providing for expungement of disciplinary actions
regarding COVID-19 protocols.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 63 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3108.1. Expungement of disciplinary actions regarding COVID-
19 protocols.
(a) General rule.--Subject to subsection (b), a license,
registration, certificate or permit that was suspended or
revoked or a disciplinary action taken by a licensing board or
licensing commission against a licensee for failure of the
licensee to comply with any of the following executive actions
during the period in which the Governor's Proclamation of
Disaster Emergency issued on March 6, 2020, published at 50
Pa.B. 1644 (March 21, 2020) was in effect shall be restored and
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expunged:
(1) A proclamation or order of the Governor under 35
Pa.C.S. § 7301(f)(7) (relating to general authority of
Governor), s ection 8(a) of the act of April 27, 1905
(P.L.312, No.218), entitled "An act creating a Department of
Health, and defining its powers and duties," section 2102(a)
of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, or section 5 of the act of April
23, 1956 (1955 P.L.1510, No.500), known as the Disease
Prevention and Control Law of 1955, which relates to the
novel coronavirus known as "COVID-19."
(2) An order of the Secretary of Health under s ection
8(a) of the act of April 27, 1905 (P.L.312, No.218), entitled
"An act creating a Department of Health, and defining its
powers and duties," section 2102(a) or 2106 of The
Administrative Code of 1929, section 5 of the Disease
Prevention and Control Law of 1955 or 28 Pa. Code § 27.60
(relating to disease control measures), 27.61 (relating to
isolation), 27.65 (relating to quarantine), 27.66 (relating
to placarding), 27.67 (relating to movement of persons and
animals subject to isolation or quarantine by action of a
local health authority or the Department) or 27.68 (relating
to release from isolation or quarantine), which relates to
the novel coronavirus known as "COVID-19."
(3) Guidance issued by the Department of Health or the
Department of Human Services relating to the novel
coronavirus known as "COVID-19."
(b) Duties of bureau.--
(1) The bureau may not retain a warning letter issued
under an executive action described in subsection (a)(1), (2)
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or (3) or consider the executive action in a future
disciplinary matter.
(2) The commissioner shall:
(i) expunge the disciplinary record of a licensee,
registrant, certificate holder or permit holder, if the
imposition of discipline was for a violation of executive
action described in subsection (a)(1), (2) or (3) at no
cost to the licensee, registrant, certificate holder or
permit holder within 30 days of the effective date of
this subparagraph; and
(ii) provide notice of the expungement to the
licensee, registrant, certificate holder or permit
holder.
Section 2. This act shall take effect immediately.
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