Current through Register Vol. 54, No. 44, November 2, 2024
(a) The
Board shall have the authority to impose disciplinary or corrective measures on
a naturopathic doctor or applicant for registration as a naturopathic doctor
for the reasons set forth in section 204 of the NDRA (63 P.S. §
272.204) and any of the following:
(1) Fraudulently or deceptively obtaining, or
attempting to obtain, or using a registration or assisting another in
fraudulently or deceptively obtaining or using a registration.
(2) Using false, deceptive or misleading
advertising.
(3) Advertising,
practicing or attempting to practice under a name other than the naturopathic
doctor's name as registered with the Board; provided, however, that a
naturopathic doctor may advertise utilizing a business name if the
advertisement also includes the naturopathic doctor's name as registered by the
Board.
(4) Aiding, assisting,
employing or advising any unregistered individual to hold himself out in a
manner which states or implies the unregistered individual is a naturopathic
doctor.
(5) Paying or receiving any
commission, bonus, kickback or rebate, or engaging in any split-fee arrangement
in any form with a licensed physician, organization, agency or other person,
either directly or indirectly, for patients referred to other health care
providers.
(6) Promoting the sale
of services, drugs, devices, appliances or goods to a patient so as to exploit
the patient for financial gain.
(7)
Failing to keep written records justifying the course of service of a
patient.
(8) Failing to disclose
the contents of merchandise or the nature and description of naturopathic
services recommended, provided or offered to a patient.
(9) Failing to cooperate with a lawful
investigation of the Board.
(b) When the Board is empowered to take
disciplinary or corrective action under the provisions of the NDRA, the Board's
regulations or other statutory or regulatory authority, the Board may impose
one or more of the following disciplinary or corrective actions as set forth in
section 206 of the NDRA (63 P.S. §
272.206), section 42 of the act
(63
P.S. §
422.42) and
63 Pa.C.S. §
3108
(relating to civil penalties):
(1) Deny the
application for registration.
(2)
Administer a public reprimand with or without probation.
(3) Revoke, suspend, limit or otherwise
restrict a registration.
(4)
Require the registrant to submit to the care, counseling or treatment of a
physician or a psychologist designated by the Board.
(5) Require the registrant to take refresher
educational courses or demonstrate passage of the NPLEX examination, or
both.
(6) Stay enforcement of any
suspension and place the registrant on probation with the right to vacate the
probationary order for noncompliance.
(7) Impose a civil penalty of up to $1,000 in
accordance with the NDRA.
(8)
Impose a civil penalty of up to $10,000 in accordance with
63 Pa.C.S. §
3108(b); provided, however,
that the Board will not impose a civil penalty under the NDRA and also impose a
civil penalty under
63 Pa.C.S. §
3108(b) for the same
violation, as prohibited by
63 Pa.C.S. §
3108(c)(2).
(9) Impose the costs of investigation
underlying the disciplinary action.
