Current through Register Vol. 54, No. 44, November 2, 2024
(a) A licensee under this subchapter is
subject to refusal of license or permit or disciplinary action under sections
22 and 41 of the act (63 P.S. §§
422.22 and
422.41). Following a final
determination subject to the right of notice, hearing and adjudication, and the
right of appeal therefrom in accordance with 2 Pa.C.S. §§ 501-508 and
701-704 (relating to Administrative Agency Law), this chapter and 1 Pa. Code
Part II (relating to General Rules of Administrative Practice and Procedure),
the Board may refuse licensure or impose any of the corrective actions in
section 42 of the act (63 P.S. §
422.42).
(b) Unprofessional conduct includes:
(1) Engaging in conduct prohibited under
§
16.61(a) or
§
16.110 (relating to unprofessional
and immoral conduct; and sexual misconduct).
(2) Performing an act in a health care
profession in a fraudulent, incompetent or negligent manner.
(3) Violating a provision of the act or this
chapter setting a standard of professional conduct.
(4) Engaging in health care practice beyond
the licensee's authority to practice.
(5) Representing oneself to be a physician or
other health care practitioner whose profession the licensee is not licensed to
practice.
(6) Practicing while the
licensee's ability to do so is impaired by alcohol, drugs, physical disability
or mental instability.
(7)
Revealing personally identifiable facts obtained as the result of a
practitioner-patient relationship without the prior consent of the patient,
except as authorized or required under statute or regulation.
(8) Misconduct in the practice of the
licensee's profession or performing tasks fraudulently, incompetently or
negligently, or by use of methods of treatment which are not in accordance with
treatment processes accepted by a reasonable segment of the
profession.
(9) The promotion of
the sale of services and devices in a manner as to exploit the patient or
client for the financial gain of the practitioner or a third party.
(10) Directly or indirectly offering, giving,
soliciting or receiving, or agreeing to receive a fee or other consideration to
or from a third party for the referral of a patient or client.
(11) Supervising or assigning tasks to
assistants, technicians or support personnel contrary to §
18.852 (relating to supervision
and assistance).
(12)
Over-utilizing services by providing excessive evaluation or treatment
procedures not warranted by the condition of the patient or by continuing
treatment beyond the point of possible benefit.
(13) Making gross misrepresentations,
deliberate misrepresentations or misleading claims as to:
(i) The licensee's professional
qualifications.
(ii) The efficacy
or value of:
(A) The treatments or remedies
given to a patient by the licensee.
(B) The treatments or remedies recommended to
a patient by the licensee.
(C) The
treatments given to a patient by another practitioner.
(D) The recommendations made to a patient by
another practitioner.
(14) Overcharging for professional services,
including filing false statements for collection of fees for which services are
not rendered.
(15) Failing to
maintain a record for each patient that accurately reflects the evaluation and
treatment of the patient.
(16)
Advertising or soliciting for patronage in a manner that is fraudulent or
misleading. Examples of advertising or soliciting which is considered
fraudulent or misleading include:
(i)
Advertising by means of testimonials, anecdotal reports of orthotics,
prosthetics or pedorthics practice successes, or claims of superior quality of
care to entice the public.
(ii)
Advertising which contains false, fraudulent, deceptive or misleading
materials, warranties or guarantees of success, statements which play upon
vanities or fears of the public, or statements which promote or produce unfair
competition.
(c) In addition to the conduct listed in
§
16.61(b) or
§
16.110, immoral conduct includes:
(1) Misrepresenting or concealing a material
fact in obtaining a license issued by the Board or renewal, reactivation or
reinstatement thereof.
(2) Being
convicted of a crime involving moral turpitude, dishonesty or corruption in the
courts of the Commonwealth, the United States, another state, the District of
Columbia, a territory of the United States or another country.
(3) Committing an act involving moral
turpitude, dishonesty or corruption.
This section cited in 49 Pa. Code §
18.811 (relating to graduate
permit); 49 Pa. Code §
18.813 (relating to provisional
prosthetist license); 49 Pa. Code §
18.814 (relating to prosthetist
license); 49 Pa. Code §
18.821 (relating to graduate
permit); 49 Pa. Code §
18.823 (relating to provisional
orthotist license); 49 Pa. Code §
18.824 (relating to orthotist
license); 49 Pa. Code §
18.831 (relating to temporary
practice permit); 49 Pa. Code §
18.833 (relating to pedorthist
license); 49 Pa. Code §
18.841 (relating to temporary
practice permit); and 49 Pa. Code §
18.843 (relating to orthotic
fitter license).
