Home Table of Contents

§ 271.15. Reasons for refusal, revocation or suspension of license

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: February 21, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 9. Osteopaths (Refs & Annos)
Osteopathic Medical Practice Act (Refs & Annos)
Effective: February 21, 2012
63 P.S. § 271.15
§ 271.15. Reasons for refusal, revocation or suspension of license
(a) The board shall have authority to refuse, revoke or suspend the license of a physician for any of the following reasons:
(1) Failing to demonstrate the qualifications or standards for a license provided in this act or the regulations of the board.
(2) Making misleading, deceptive, untrue or fraudulent representations in the practice of osteopathic medicine and surgery, practicing fraud or deceit in obtaining a license to practice osteopathic medicine and surgery, or making a false or deceptive biennial registration with the board.
(3) Conviction of a felony, a crime involving moral turpitude, or a crime related to the practice of osteopathic medicine. Conviction shall include 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.
(4) Having a license to practice osteopathic medicine and surgery revoked or suspended or having other disciplinary action taken, or an application for a license refused, revoked or suspended by the proper licensing authority of another state, territory or country.
(5) Being unable to practice osteopathic medicine and surgery with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material, or as a result of any mental or physical condition. The board shall, upon probable cause, have authority to compel a physician to submit to a mental or physical examination by physicians designated by the board. Failure of a physician to submit to such examination when directed shall constitute an admission of the allegations against him unless it is due to circumstances beyond his control, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A physician affected by such action shall, at reasonable intervals, be afforded an opportunity to demonstrate that he can resume a competent practice of osteopathic medicine and surgery with reasonable skill and safety to the patients.
(6) Violating a regulation promulgated by the board or an order of the board previously entered by it in a disciplinary proceeding.
(7) Knowingly maintaining a professional connection or association with a person who is in violation of this act or the regulations of the board or knowingly aiding, assisting, procuring or advising an unlicensed person to practice osteopathic medicine and surgery contrary to this act, or the regulations of the board.
(8) Being guilty of immoral or unprofessional conduct. Unprofessional conduct shall include any departure from, or the failure to conform to, the standards of acceptable and prevailing osteopathic medical practice. Actual injury to a patient need not be established.
(b) The board shall have authority to refuse, revoke or suspend the license of a physician assistant, respiratory therapist or athletic trainer for any or all of the following reasons:
(1) Failing to demonstrate the qualification for licensure or certification contained in this act or regulations of the board.
(2) Making misleading, deceptive, untrue or fraudulent representations in his serving as a physician assistant; practicing fraud or deceit in obtaining a license to serve as a physician assistant; or making a false or deceptive biennial registration with the board.
(3) Conviction of a felony in this Commonwealth or any other state, territory or country. Conviction as used in this paragraph shall include 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.
(4) Having his license to serve as a physician assistant revoked or suspended or having other disciplinary action taken, or his application for licensure refused, revoked or suspended by the proper certifying authority of another state, territory or country.
(5) Being unable to serve as a physician assistant with reasonable skill and safety to the physician's 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.
(6) In enforcing paragraph (5), the board shall, upon probable cause, have authority to compel a physician assistant to submit to a mental or physical examination by physicians designated by it. Failure of a physician assistant to submit to such examination shall constitute an admission of the allegations against him unless the failure is due to circumstances beyond his control, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A physician assistant affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he can resume the competent assistance of a physician in the physician's practice of medicine, with reasonable skill and safety to the physician's patients.
(7) Violating a lawful regulation promulgated by the board or violating a lawful order of the board, previously entered by the board in a disciplinary proceeding.
(8) Knowingly rendering medical care and services except under the supervision and direction of the supervising physician.
(9) Being guilty of immoral or unprofessional conduct shall include any departure from, or the failure to conform to, the standards of acceptable and prevailing practice for physician assistants, in which proceeding actual injury to a patient need not be established.
(c) Whenever the board finds that the license or a certificate of a person may be refused, revoked or suspended under the terms of this act, the board may:
(1) Deny the application for a license or certificate.
(2) Administer a public or private reprimand.
(3) Revoke, suspend, limit, or otherwise restrict a license or certificate.
(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 finding thereof and place a licensee on probation with the right to vacate the probationary order for noncompliance.
(6) Restore or reissue a license to practice osteopathic medicine and surgery or licensure as a physician assistant, and impose any disciplinary or corrective measure which it might originally have imposed.
(d) All actions of the board shall be taken subject to the right of notice, hearing, adjudication and appeal therefrom in accordance with the provisions of Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).

Credits

1978, Oct. 5, P.L. 1109, No. 261, § 15, imd. effective. Amended 1985, Dec. 20, P.L. 398, No. 108, § 9, effective Jan. 1, 1986; 2001, Dec. 10, P.L. 863, No. 93, § 4, effective in 60 days; 2004, July 2, P.L. 486, No. 56, § 5, effective Aug. 31, 2004; 2008, July 4, P.L. 589, No. 46, § 7, effective in 60 days [Sept. 2, 2008]; 2011, Dec. 22, P.L. 567, No. 123, § 4, effective in 60 days [Feb. 21, 2012].
63 P.S. § 271.15, PA ST 63 P.S. § 271.15
Current through 2021 Regular Session Act 70. Some statute sections may be more current, see credits for details.
End of Document