Pennsylvania Act 1963-330 — PREVENT UNLICENSED PERSONS FROM ENGAGING IN PROFESSIONS

Act text

PREVENT UNLICENSED PERSONS FROM ENGAGING IN PROFESSIONS
                  Act of Aug. 8, 1963, P.L. 622, No. 330              Cl. 63
                                  AN ACT

     Enabling and authorizing the Commissioner of Professional and
        Occupational Affairs or any of the administrative boards,
        commissions or officers within the Department of State or
        otherwise under his supervision to proceed by injunction or
        any other process in the court of common pleas in any county
        where the alleged unauthorized practice was committed to
        prohibit and restrain any unlicensed person, association,
        copartnership or corporation from engaging in an activity for
        which a license is required to be issued by the Commissioner
        of Professional and Occupational Affairs, and to set out the
        method and procedure therefor.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Commissioner of Professional and Occupational
     Affairs or any of the administrative boards, commissions or
     officers within the Department of State or otherwise under his
     supervision, upon the advice of the Attorney General, may
     maintain as hereinafter provided an action in the name of the
     Commonwealth for an injunction or other process against any
     person to restrain or prevent his practicing any profession in a
     public or private capacity or engaging in any trade or
     occupation without a license whenever a license to engage in
     such activity is required by law and such licenses are issued by
     the Commissioner of Professional and Occupational Affairs.

        Compiler's Note:  Section 504 of Act 164 of 1980 provided
            that section 1 is repealed insofar as it is inconsistent
            with Act 164.
        Section 2.  Any such action shall be instituted in the court
     of common pleas in any county where the alleged unauthorized
     practice was committed. Such court may issue a temporary
     restraining order or injunction under this act, but shall
     determine any such action on its merits as soon as convenient
     whether in term time or in vacation.
        (2 repealed in part June 3, 1971, P.L.118, No.6)
        Section 3.  No bond shall be required of, and no costs shall
     be taxed against, the Commissioner of Professional and
     Occupational Affairs or any of the administrative boards,
     commissions or officers within the Department of State or
     otherwise under his supervision.
        Section 4.  The provisions of this act shall be construed as
     supplementary to all other acts dealing with the same subject
     matter. No action brought under the provisions of this act shall
     prevent the prosecution or institution of any civil or criminal
     action otherwise provided by law for violation of any licensing
     act or departmental rule or regulation promulgated thereunder.