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§ 1208. Refusal, suspension or revocation of license

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: August 22, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 26. Professional Psychologists Practice Act (Refs & Annos)
Effective: August 22, 2016
63 P.S. § 1208
§ 1208. Refusal, suspension or revocation of license
Currentness
(a) The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons:
(1) Failing to demonstrate the qualifications or standards for a license contained in this act or regulations of the board.
(2) Making misleading, deceptive, untrue or fraudulent representations in the practice of psychology.
(3) Practicing fraud or deceit in obtaining a license to practice psychology.
(4) Displaying gross incompetence, negligence or misconduct in carrying on the practice of psychology.
(5) Submitting a false or deceptive biennial registration to the board.
(6) Being convicted of a felony in any state or Federal court or being convicted of the equivalent of a felony in any foreign country, or being convicted of a misdemeanor in the practice of psychology. As used in this clause the term “convicted” includes a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere or receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges.
(7) Having a license to practice psychology suspended, revoked or refused or receiving other disciplinary action by the proper psychology licensing authority of another state, territory or country.
(8) Being unable to practice psychology with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals or any other type of material, or as a result of any mental or physical condition. In enforcing this clause, the board shall, upon probable cause, have authority to compel a psychologist to submit to a mental or physical examination by a physician or a psychologist approved by the board. Failure of a psychologist to submit to such examination when directed by the board, unless such failure is due to circumstances beyond his or her control, shall constitute an admission of the allegations against him or her, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A psychologist affected under this clause shall at reasonable intervals, as determined by the board, be afforded an opportunity to demonstrate that he or she can resume a competent practice of psychology with reasonable skill and safety.
(9) Violating a lawful regulation promulgated by the board, including, but not limited to, ethical regulations, or violating a lawful order of the board previously entered in a disciplinary proceeding.
(10) Knowingly aiding, assisting, procuring or advising any unlicensed person to practice psychology, contrary to this act or regulations of the board.
(11) Committing immoral or unprofessional conduct. Unprofessional conduct shall include any departure from, or failure to conform to, the standards of acceptable and prevailing psychological practice. Actual injury to a client need not be established.
(12) Soliciting any engagement to perform professional services by any direct, in-person or uninvited soliciting through the use of coercion, duress, compulsion, intimidation, threats, overreaching or harassing conduct.
(13) Failing to perform any statutory obligation placed upon a licensed psychologist.
(14) Intentionally submitting to any third-party payor a claim for a service or treatment which was not actually provided to a client.
(15) Failing to maintain professional records in accordance with regulations prescribed by the board.
(b) When the board finds that the license or application for license of any person may be refused, revoked, restricted or suspended under the terms of subsection (a), the board may:
(1) Deny the application for a license.
(2) Administer a public reprimand.
(3) Revoke, suspend, limit or otherwise restrict a license as determined by the board.
(4) Require a licensee to submit to the care, counseling or treatment of a physician or a psychologist designated by the board.
(5) Suspend enforcement of its findings thereof and place a licensee on probation with the right to vacate the probationary order for noncompliance.
(6) Restore a suspended license to practice psychology and impose any disciplinary or corrective measure which it might originally have imposed.
(7) Take other action as the board in the board's discretion considers proper, including precluding a suspended licensee from engaging in counseling or any other form of mental health practice.
(c) All actions of the board shall be taken subject to the right of notice, hearing and adjudication and the right of appeal therefrom in accordance with Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).
(d) The board shall temporarily suspend a license under circumstances as 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 thirty 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 one hundred eighty days.
(e) A license issued under this act shall automatically be suspended upon the legal commitment of a licensee to an institution because of mental incompetence from any cause upon filing with the board of a certified copy of such commitment, conviction of a felony under the act of April 14, 1972 (P.L. 233, No. 64),1 known as “The Controlled Substance, Drug, Device and Cosmetic Act,” or conviction of an offense under the laws of another jurisdiction, which, if committed in Pennsylvania, would be a felony under “The Controlled Substance, Drug, Device and Cosmetic Act.” As used in this section the term “conviction” shall include a judgment, an admission of guilt or a plea of nolo contendere. Automatic suspension under this section shall not be stayed pending an appeal of conviction. Restoration of such license shall be made as provided in this act for revocation or suspension of such license.

Credits

1972, March 23, P.L. 136, No. 52, § 8. Amended 1986, April 25, P.L. 89, No. 33, § 7, imd. effective; 2016, June 23, P.L. 379, No. 53, § 1, effective in 60 days [Aug. 22, 2016].

Footnotes

1
35 P.S. § 780-101 et seq.
63 P.S. § 1208, PA ST 63 P.S. § 1208
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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