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§ 1911. Refusal, suspension and revocation of licenses

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 33. Social Workers, Marriage and Family Therapists and Professional Counselors Act (Refs & Annos)
63 P.S. § 1911
§ 1911. Refusal, suspension and revocation of licenses
Currentness
(a) Grounds.--The board may refuse, suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following:
(1) Being convicted of a felony or a crime of moral turpitude in any state or Federal court or being convicted of the equivalent of a felony in any foreign country, territory or possession. As used in this paragraph, the term “convicted” includes a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere or receiving probation without verdict, disposition in lieu of trial or an accelerated rehabilitative disposition in the disposition of felony charges.
(2) Being found guilty of immoral or unprofessional conduct. Unprofessional conduct shall include any departure from or failure to conform to the standards of acceptable and prevailing practice. In proceedings based on this paragraph, actual injury to the client need not be established.
(3) Violating standards of professional practice or conduct adopted by the board.
(4) Presenting false credentials or documents or making a false statement of fact in support of his or her application for a license.
(5) Submitting a false or deceptive biennial renewal to the board.
(6) Having a license suspended, revoked or refused or receiving other disciplinary action by the proper licensing authority of any other state, territory, possession or country.
(7) Violating a regulation promulgated by the board, including, but not limited to, standards of professional practice and conduct, or violating an order of the board previously entered in a disciplinary proceeding.
(8) Being unable to practice with reasonable skill and safety 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 licensee to submit to a mental or physical examination by a physician approved by the board. Failure of a licensee 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 licensee affected under this paragraph shall at reasonable intervals, as determined by the board, be afforded an opportunity to demonstrate that he or she can resume competent practice with reasonable skill and safety.
(b) Board action.--When the board finds that the license or application for license of any person may be refused, revoked, restricted 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 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 and impose any disciplinary or corrective measure which it might originally have imposed.
(c) Hearing.--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 and safety. The board shall issue an order to that effect without a hearing, but upon due notice to the licensee concerned at his or her 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 incompetence from any cause upon filing with the board of a certified copy of such commitment, conviction of a felony under the act of April 14, 1972 (P.L. 233, No. 64),1 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 this Commonwealth, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act. As used in this section, 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 an appeal or conviction. Restoration of such license shall be made as provided in this act for revocation or suspension of such license.

Credits

1987, July 9, P.L. 220, No. 39, § 11, effective in 90 days. Amended 1998, Dec. 21, P.L. 1017, No. 136, § 3, effective in 60 days.

Footnotes

1
35 P.S. § 780-101 et seq.
63 P.S. § 1911, PA ST 63 P.S. § 1911
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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