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§ 625.506. Refusal, suspension or revocation of license

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 18A. Chiropractic Practice Act (Refs & Annos)
Chapter 5. Licensure and Regulation
Subchapter A. Licensure
63 P.S. § 625.506
§ 625.506. Refusal, suspension or revocation of license
Currentness
(a) Reasons enumerated.--The board may refuse to issue a license or may suspend or revoke a license 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 chiropractic.
(3) Practicing fraud or deceit in obtaining a license to practice chiropractic.
(4) Displaying gross incompetence, negligence or misconduct in carrying on the practice of chiropractic.
(5) Submitting a false or deceptive biennial registration to the board.
(6) Being convicted of a felony, a misdemeanor in the practice of chiropractic, 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, possession or country.
(7) Having a license to practice chiropractic suspended, revoked or refused or receiving other disciplinary action by the proper chiropractic licensing authority of another state, territory, possession or country.
(8) Being unable to practice chiropractic with reasonable skill and safety to patients 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 paragraph, the board shall, upon probable cause, have authority to compel a chiropractor to submit to a mental or physical examination by physicians approved by the board. Failure of a chiropractor to submit to such examination when directed by the board, unless such failure is due to circumstances beyond his control, shall constitute an admission of the allegations against him, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A chiropractor affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he can resume a competent practice of chiropractic with reasonable skill and safety to patients.
(9) Violating a lawful regulation promulgated by the board 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 chiropractic 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 chiropractic practice. Actual injury to a patient 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 chiropractor.
(14) Intentionally submitting to any third-party payor a claim for a service or treatment which was not actually provided to a patient.
(15) Failing to maintain chronological documentation or patient care in accordance with regulations prescribed by the board.
(16) Making representations that chiropractic treatment will cure cancer or an infectious or communicable disease.
(17) Holding himself out as a specialist unless he possesses a postgraduate certification in that specialty.
(18) Unconditionally guaranteeing that a cure will result from the performance of chiropractic treatment.
(19) Failing to refer a patient to a licensed practitioner of another branch of the healing arts for consultation or treatment when a diagnosis of such patient indicates that such a referral is appropriate.
(b) Discretion of board.--When the board finds that the license of any person may be refused, revoked 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. Unless ordered to do so by a court, the board shall not reinstate the license of a person to practice chiropractic which has been revoked, and such person shall be required to apply for a license after a five-year period in accordance with section 5011 if he desires to practice at any time after such revocation.
(4) Require a licensee to submit to the care, counseling or treatment of a physician or physicians 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 chiropractic and impose any disciplinary or corrective measure which it might originally have imposed.
(c) Procedure.--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) Temporary suspension.--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 or safety. The board shall issue an order to that effect without a hearing, but upon due notice to the licensee concerned at his 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.
(e) Automatic suspension.--A license issued under this act shall automatically be suspended upon the legal commitment of a licensee to an institution because of mental incompetency from any cause upon filing with the board a certified copy of such commitment; conviction of a felony under the act of April 14, 1972 (P.L. 233, No. 64),2 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 subsection 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 any appeal of a conviction. Restoration of such license shall be made as provided in this act for revocation or suspension of such license.

Credits

1986, Dec. 16, P.L. 1646, No. 188, § 506, imd. effective.

Footnotes

1
63 P.S. § 625.501.
2
35 P.S. § 780-101 et seq.
63 P.S. § 625.506, PA ST 63 P.S. § 625.506
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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