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§ 627.9. Refusal, suspension and revocation of licenses

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: October 12, 2010

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 18C. Massage Therapy Law (Refs & Annos)
Effective: October 12, 2010
63 P.S. § 627.9
§ 627.9. Refusal, suspension and revocation of licenses
Currentness
(a) Grounds.--The board may refuse, suspend, revoke, limit or restrict a license or discipline a licensee for any of the following:
(1) Being convicted under Federal law, under the law of any state or under the law of another jurisdiction of a crime of moral turpitude or of an offense which, if committed in this Commonwealth, would constitute a felony.
(2) Being found to have engaged in immoral or unprofessional conduct. In proceedings based on this paragraph, actual injury to the client need not be established. As used in this paragraph, the term “unprofessional conduct” includes a departure from or failure to conform to the standards of acceptable and prevailing practice.
(3) Violating standards of professional practice or conduct as established by board regulation.
(4) Presenting false credentials or documents or making a false statement of fact in support of the individual's application for a license.
(5) Submitting a false or deceptive license renewal to the board.
(6) Having a license suspended, revoked or refused or receiving other disciplinary action by the proper licensing authority of another jurisdiction.
(7) Violating a regulation promulgated by the board or violating an order of the board previously entered in a disciplinary proceeding.
(8) Incompetence, negligence or misconduct in carrying out the practice of massage therapy.
(9) Practicing beyond the licensee's defined scope of practice.
(10) Knowingly aiding, assisting, hiring or advising someone in the unlawful practice of massage therapy.
(11) Being unable to practice with reasonable skill and safety by reason of illness, drunkenness, use of drugs, narcotics, chemicals or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the board, upon probable cause, has authority to compel a licensee to submit to a mental or physical examination by a physician approved by the board. Failure of a licensee to submit to an examination when directed by the board, unless the failure is due to circumstances beyond the licensee's control, may result in a default and final order entered against the licensee without the taking of testimony or presentation of evidence. A licensee affected under this paragraph shall be afforded an opportunity to demonstrate that the licensee can resume competent practice with reasonable skill and safety.
(b) Board action.--If the board finds that the license or application for license may be refused, revoked, restricted or suspended under the terms of subsection (a), the board may do any of the following:
(1) Deny the application for a license.
(2) Administer a public reprimand.
(3) Revoke, suspend, limit or otherwise restrict a license.
(4) Require a licensee to submit to the care, counseling or treatment of a physician.
(5) Suspend enforcement of its findings and place a licensee on probation with the right to vacate the probationary order for noncompliance.
(6) Restore a suspended license and impose any disciplinary or corrective measure which it might originally have imposed.
(c) Administrative Agency Law.--Actions of the board under subsections (a) and (b) are subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
(d) Temporary and automatic suspension.--A license issued under this act shall be temporarily suspended under circumstances determined by the board to be an immediate and clear danger to the public health and safety. The board shall issue an order to that effect without a hearing, but upon due notice, to the licensee concerned at his or her last known address, which shall include a written statement of all allegations against the licensee. The provisions of subsection (c) shall not apply to temporary suspension. The board shall thereupon commence formal action to suspend, revoke or restrict the license of the person concerned as otherwise provided for in this act. All actions shall be taken promptly and without delay. Within 30 days following the issuance of an order temporarily suspending a license, the board shall conduct or cause to be conducted a preliminary hearing to determine that there is a prima facie case supporting the suspension. The licensee whose license has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. If it is determined that there is not a prima facie case, the suspended license shall be immediately restored. The temporary suspension shall remain in effect until vacated by the board, but in no event longer than 180 days.

Credits

2008, Oct. 9, P.L. 1438, No. 118, § 9, effective in 2 years [Oct. 12, 2010].
63 P.S. § 627.9, PA ST 63 P.S. § 627.9
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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