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§ 42.16. Refusal to grant, suspension and revocation

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 3. Podiatry Practice Act (Refs & Annos)
63 P.S. § 42.16
§ 42.16. Refusal to grant, suspension and revocation
(a) The board may refuse to grant and may suspend or revoke or cancel a license or a registration for the following reasons:
(1) The practice of fraud or deceit in obtaining or attempting to obtain a license or in obtaining admission to a school of podiatric medicine or surgery.
(2) Pleading guilty or nolo contendere to, or being found guilty, or receiving probation without verdict, disposition in lieu of trial, or an Accelerated Rehabilitative Disposition in the disposition of felony charges or an offense in connection with the practice of podiatric medicine or involving moral turpitude by a court of competent jurisdiction, or a jury.
(3) Gross incompetency, gross immorality, negligence or misconduct in carrying on of such profession.
(4) Violation of any of the provisions of this act, or the rules and regulations of the board.
(5) Loaning, borrowing or using the registration or license to practice podiatry of another, or knowingly aiding or abetting in any way the granting of an improper license or registration.
(6) That said applicant or licensee is addicted to alcohol or drugs or has been convicted of a felonious act prohibited by the act of April 14, 1972 (P.L. 233, No. 64), known as “The Controlled Substance, Drug, Device and Cosmetic Act,”1 or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country, or if he or she is or shall become mentally incompetent. 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 podiatrist to submit to a mental or physical examination by a physician or a psychologist approved by the board. Failure of a podiatrist 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 podiatrist affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume a competent practice of podiatry with reasonable skill and safety to patients.
(7) Knowingly making substantial misrepresentations.
(8) Unethical conduct or misleading, fraudulent or unethical advertising.
(9) Soliciting patronage other than by legitimate advertisement, or paying a commission or agreeing to pay a commission to any person or persons for soliciting or for business secured, or paying any gratuity to any person with intent to have such person aid in securing business, or like unprofessional conduct.
(10) Having a license to practice podiatric medicine suspended, revoked or refused or receiving other disciplinary action by the proper podiatry licensing authority of another state, territory or country.
(11) Acting in such a manner as to present an immediate and clear danger to the public health or safety.
(b) 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.
(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 finding thereof and place a licensee on probation with the right to vacate the probationary order for noncompliance.
(6) Restore or reissue, in its discretion, a suspended license to practice podiatric medicine and impose any disciplinary or corrective measure which it might originally have imposed.

Credits

1956, March 2, P.L. (1955) 1206, § 16, imd. effective. Reenacted and amended 1963, Aug. 24, P.L. 1199, § 4. Amended 1985, Dec. 20, P.L. 384, No. 107, § 10, effective Jan. 1, 1986.

Footnotes

35 P.S. § 780-101 et seq.
63 P.S. § 42.16, PA ST 63 P.S. § 42.16
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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