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§ 1211. Penalties and injunctions against unlawful practice

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 26. Professional Psychologists Practice Act (Refs & Annos)
63 P.S. § 1211
§ 1211. Penalties and injunctions against unlawful practice
(a) Any person who engages or offers to engage in the practice of psychology without holding a currently valid license as required by this act or any person or the responsible officer or employe of any corporation or partnership, institution or association who violates any of the provisions of this act or any rule or regulation of the board promulgated pursuant thereto, for a first offense shall be guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) or undergo imprisonment of not more than six months; and on each additional offense shall be subject to a fine of not less than two thousand dollars ($2,000) or imprisonment of not less than six months nor more than one year, or both.
(b) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership or a minimum of four members, whichever is greater, may levy a civil penalty of up to one thousand dollars ($1,000) on any current licensee who violates any provision of this act or on any person who practices psychology, as defined in this act, without being properly licensed to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided by Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure). All fines and civil penalties imposed in accordance with this act shall be paid into the Professional Augmentation Account.
(c) It shall be unlawful for any person to practice or attempt to offer to practice psychology, as defined in this act, without having at the time of so doing a valid, unexpired, unrevoked and unsuspended license issued under this act. The unlawful practice of psychology, as defined in this act, may be enjoined by the courts on petition of the board or the Commissioner of Professional and Occupational Affairs. In any such proceeding it shall not be necessary to show that any person is individually injured by the actions complained of. If the respondent is found guilty of the unlawful practice of psychology, the court shall enjoin him or her from so practicing unless and until he or she has been duly licensed. Procedure in such cases shall be the same as in any other injunction suit. The remedy by injunction hereby given is in addition to any other civil or criminal prosecution and punishment.

Credits

1972, March 23, P.L. 136, No. 52, § 11. Amended 1986, April 25, P.L. 89, No. 33, § 10, imd. effective.
63 P.S. § 1211, PA ST 63 P.S. § 1211
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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