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
Amending Title 63 (Professions and Occupations (State Licensed))
of the Pennsylvania Consolidated Statutes, in powers and
duties, further providing for civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3108(k) of Title 63 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 3108. Civil penalties.
* * *
(i.1) Frivolous complaints.--
(1) The commissioner may impose a civil penalty on a
person who files a frivolous complaint against a licensee.
The amount of the civil penalty under this subsection shall
be established by regulation of the commissioner and shall
not exceed $1,000 per violation.
(2) Prior to the imposition of a civil penalty under
this subsection, the commissioner shall provide notice to the
complainant and afford the complainant an opportunity to
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respond in accordance with 2 Pa.C.S. (relating to
administrative law and procedure).
(3) All proceedings to impose a civil penalty under this
subsection shall be conducted in accordance with section 3105
and any applicable regulations of the commissioner.
* * *
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Frivolous complaint." A complaint that is groundless and
brought in bad faith or is groundless and brought for the
purpose of harassment, annoyance or to gain a competitive
advantage.
"Unlicensed practice." Any of the following:
(1) Practicing a profession or occupation or operating a
business for which a license, registration, certificate or
permit is required without holding a valid, unexpired,
unrevoked or unsuspended authority to do so.
(2) Representing to the public or a person, through
offerings, advertisements or the use of a title, that the
individual is qualified to practice a profession, occupation
or business for which a license, registration, certificate or
permit is required without holding a valid, unexpired,
unrevoked or unsuspended authority to do so.
Section 2. This act shall take effect in 60 days.
20250HB1784PN2195 - 2 -
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