§ 224. Refusal, suspension or revocation of licenses
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: September 27, 2002
Effective: September 27, 2002
63 P.S. § 224
§ 224. Refusal, suspension or revocation of licenses
(2) The licensee is unable to practice professional nursing with reasonable skill and safety to patients by reason of mental or physical illness or condition or physiological or psychological dependence upon alcohol, hallucinogenic or narcotic drugs or other drugs which tend to impair judgment or coordination, so long as such dependence shall continue. In enforcing this clause (2), the Board shall, upon probable cause, have authority to compel a licensee to submit to a mental or physical examination as designated by it. After notice, hearing, adjudication and appeal as provided for in section 15,1 failure of a licensee to submit to such examination when directed shall constitute an admission of the allegations against him or her unless failure is due to circumstances beyond his or her control, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A licensee affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume a competent practice of professional nursing with reasonable skill and safety to patients.
(2.1) The licensee is unable to practice dietetics-nutrition with reasonable skill and safety to individuals or groups by reason of mental or physical illness or condition or physiological or psychological dependence upon alcohol, hallucinogenic or narcotic drugs or other drugs which tend to impair judgment or coordination so long as such dependence shall continue. In enforcing this clause (2.1), the Board shall upon probable cause have authority to compel a licensee to submit to a mental or physical examination as designated by it. After notice, hearing, adjudication and appeal as provided for in section 15, failure of a licensee to submit to such examination when directed shall constitute an admission of the allegations against him or her unless failure is due to circumstances beyond his or her control, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A licensee affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume a competent practice of dietetics-nutrition with reasonable skill and safety to individuals or groups.
(5) The licensee has been convicted, or has pleaded guilty, or entered a plea of nolo contendere, or has been found guilty by a judge or jury, of a felony or a crime of moral turpitude, or has received 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, the United States or any other state, territory, possession or country.
(9) The licensee has been 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. The ethical and quality standards of the profession are those embraced by the professional community in this Commonwealth. In proceedings based on this clause, actual injury to a patient or individual or group need not be established.
Credits
1951, May 22, P.L. 317, No. 69, § 14, imd. effective. Amended 1974, July 3, P.L. 432, No. 151, § 12, imd. effective; 1985, Dec. 20, P.L. 409, No. 109, § 10, effective Jan. 1, 1986; 1994, May 27, P.L. 248, No. 35, § 1, effective in 60 days; 2002, June 29, P.L. 651, No. 99, § 7, effective in 90 days.
Footnotes
63 P.S. § 225.
63 P.S. § 224, PA ST 63 P.S. § 224
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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