HB 1784 — An Act amending Title 63 (Professions and Occupations (State Licensed)) of the Pennsylvania Consolidated Statutes, in powers and duties, further providing for civil penalties.

PRINTER'S NO.    2195

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1784
                                                 Session of
                                                   2025

     INTRODUCED BY WENTLING, AUGUST 4, 2025

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, AUGUST 10, 2025


                                      AN ACT
 1   Amending Title 63 (Professions and Occupations (State Licensed))
 2      of the Pennsylvania Consolidated Statutes, in powers and
 3      duties, further providing for civil penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Section 3108(k) of Title 63 of the Pennsylvania
 7   Consolidated Statutes is amended and the section is amended by
 8   adding a subsection to read:
 9   § 3108.    Civil penalties.
10      * * *
11      (i.1)    Frivolous complaints.--
12             (1)   The commissioner may impose a civil penalty on a
13      person who files a frivolous complaint against a licensee.
14      The amount of the civil penalty under this subsection shall
15      be established by regulation of the commissioner and shall
16      not exceed $1,000 per violation.
17             (2)   Prior to the imposition of a civil penalty under
18      this subsection, the commissioner shall provide notice to the
19      complainant and afford the complainant an opportunity to
 1      respond in accordance with 2 Pa.C.S. (relating to
 2      administrative law and procedure).
 3            (3)   All proceedings to impose a civil penalty under this
 4      subsection shall be conducted in accordance with section 3105
 5      and any applicable regulations of the commissioner.
 6      * * *
 7      (k)   Definitions.--As used in this section, the following
 8   words and phrases shall have the meanings given to them in this
 9   subsection unless the context clearly indicates otherwise:
10      "Frivolous complaint."    A complaint that is groundless and
11   brought in bad faith or is groundless and brought for the
12   purpose of harassment, annoyance or to gain a competitive
13   advantage.
14      "Unlicensed practice."    Any of the following:
15            (1)   Practicing a profession or occupation or operating a
16      business for which a license, registration, certificate or
17      permit is required without holding a valid, unexpired,
18      unrevoked or unsuspended authority to do so.
19            (2)   Representing to the public or a person, through
20      offerings, advertisements or the use of a title, that the
21      individual is qualified to practice a profession, occupation
22      or business for which a license, registration, certificate or
23      permit is required without holding a valid, unexpired,
24      unrevoked or unsuspended authority to do so.
25      Section 2.    This act shall take effect in 60 days.




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