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§ 272.204. Disciplinary or corrective action

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: January 1, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 9A. Naturopathic Doctor Registration Act
Chapter 2. Registration
Effective: January 1, 2018
63 P.S. § 272.204
§ 272.204. Disciplinary or corrective action
The board may impose disciplinary or corrective action on a naturopathic doctor for any of the following reasons:
(1) Failing to demonstrate the qualifications or standards for a registration contained in this act.
(2) Making misleading, deceptive, untrue or fraudulent representations in the practice of naturopathic medicine or practicing fraud or deceit, either alone or as a conspirator, in obtaining a registration or in obtaining admission to a medical college.
(3) Being convicted of a felony or being convicted of a misdemeanor relating to naturopathic medicine or receiving probation without verdict, disposition in lieu of trial or an accelerated rehabilitative disposition in the disposition of felony charges, in the courts of this Commonwealth, a Federal court or a court of any other state, territory or country.
(4) Having a registration or other authorization to practice naturopathic medicine revoked or suspended or having other disciplinary action taken or an application for a registration or other authorization refused, revoked or suspended by a proper licensing authority of another state, territory, possession or country or a branch of the Federal Government.
(5) Being unable to practice naturopathic medicine with reasonable skill and safety to patients by reason of any of the following:
(i) Illness.
(ii) Addiction to drugs or alcohol.
(iii) Having been convicted of a felonious act prohibited by the act of April 14, 1972 (P.L. 233, No. 64),1 known as The Controlled Substance, Drug, Device and Cosmetic Act, or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory, possession or country.
(iv) Becoming mentally incapacitated.
An applicant's statement on the application declaring the absence of a conviction shall be deemed satisfactory evidence of the absence of a conviction unless the board has some evidence to the contrary. In enforcing this paragraph, the board shall, upon probable cause, have authority to compel a practitioner to submit to a mental or physical examination by a physician or a psychologist approved by the board. Failure of a practitioner to submit to an examination when directed by the board, unless the failure is due to circumstances beyond the control of the naturopathic doctor, shall constitute an admission of the allegations against the naturopathic doctor, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A naturopathic doctor affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he can resume a competent practice of his profession with reasonable skill and safety to patients.
(6) Violating a lawful regulation promulgated by the board or violating a lawful order of the board previously entered by the board in a disciplinary proceeding.
(7) Knowingly maintaining a professional connection or association with a person who is in violation of this act or regulations of the board or knowingly aiding, assisting, procuring or advising any unregistered person to practice naturopathic medicine contrary to this act or regulations of the board.
(8) Being guilty of immoral or unprofessional conduct. Unprofessional conduct shall include departure from or failing to conform to an ethical or quality standard of the profession. In proceedings under this paragraph, actual injury to a patient need not be established.
(i) The ethical standards of a profession are those ethical tenets that are embraced by the professional naturopathic medicine community in this Commonwealth.
(ii) A naturopathic doctor departs from, or fails to conform to, a quality standard of the profession when the naturopathic doctor provides a medical service at a level beneath the accepted standard of care. The board may promulgate regulations that define the accepted standard of care. In the event the board has not promulgated an applicable regulation, the accepted standard of care for a naturopathic doctor is that which would be normally exercised by the average professional of the same kind in this Commonwealth under the circumstances, including locality and whether the naturopathic doctor is or purports to be a specialist in the area.
(9) Acting in such manner as to present an immediate and clear danger to public health or safety.
(10) Acting outside the scope of a registration.
(11) Making a false or deceptive registration with the board.

Credits

2016, Nov. 3, P.L. 997, No. 128, § 204, effective Jan. 1, 2018.

Footnotes

35 P.S. § 780-101 et seq.
63 P.S. § 272.204, PA ST 63 P.S. § 272.204
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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