PRINTER'S NO. 3693
No. 2546 Session of 1984
INTRODUCED BY MAYERNIK AND SWEET, OCTOBER 3, 1984
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 3, 1984
AN ACT
1 Amending the act of October 5, 1978 (P.L.1109, No. 261),
2 entitled "An act requiring the licensing of practitioners of
3 osteopathic medicine and surgery; regulating their practice;
4 providing for certain funds and penalties for violations and
5 repeals," providing for additional reasons for refusal,
6 revocation or suspension of licenses.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 15(a) of the act of October 5, 1978
10 (P.L.1109, No. 261), known as the Osteopathic Medical Practice
11 Act, is amended to read:
12 Section 15. Reasons for refusal, revocation or suspension of
13 license.
14 (a) The board shall have authority to refuse, revoke or
15 suspend the license of a physician for any of the following
16 reasons:
17 (1) Failing to demonstrate the qualifications or
18 standards for a license provided in this act or the
19 regulations of the board.
1 (2) Making misleading, deceptive, untrue or fraudulent
2 representations in the practice of osteopathic medicine and
3 surgery, practicing fraud or deceit in obtaining a license to
4 practice osteopathic medicine and surgery, or making a false
5 or deceptive biennial registration with the board.
6 (3) Conviction of a felony, a crime involving moral
7 turpitude, or a crime related to the practice of osteopathic
8 medicine. Conviction shall include a finding or verdict of
9 guilt, an admission of guilt or a plea of nolo contendere.
10 (4) Having a license to practice osteopathic medicine
11 and surgery revoked or suspended or having other disciplinary
12 action taken, or an application for a license refused,
13 revoked or suspended by the proper licensing authority of
14 another state, territory or country.
15 (5) Being unable to practice osteopathic medicine and
16 surgery with reasonable skill and safety to patients by
17 reason of illness, drunkenness, excessive use of drugs,
18 narcotics, chemicals, or other type of material, or as a
19 result of any mental or physical condition. The board shall,
20 upon probable cause, have authority to compel a physician to
21 submit to a mental or physical examination by physicians
22 designated by the board. Failure of a physician to submit to
23 such examination when directed shall constitute an admission
24 of the allegations against him unless it is due to
25 circumstances beyond his control, consequent upon which a
26 default and final order may be entered without the taking of
27 testimony or presentation of evidence. A physician affected
28 by such action shall, at reasonable intervals, be afforded an
29 opportunity to demonstrate that he can resume a competent
30 practice of osteopathic medicine and surgery with reasonable
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1 skill and safety to the patients.
2 (6) Violating a regulation promulgated by the board or
3 an order of the board previously entered by it in a
4 disciplinary proceeding.
5 (7) Knowingly maintaining a professional connection or
6 association with a person who is in violation of this act or
7 the regulations of the board or knowingly aiding, assisting,
8 procuring or advising an unlicensed person to practice
9 osteopathic medicine and surgery contrary to this act, or the
10 regulations of the board.
11 (8) Being guilty of immoral or unprofessional conduct.
12 Unprofessional conduct shall include any departure from, or
13 the failure to conform to, the standards of acceptable and
14 prevailing osteopathic medical practice. Actual injury to a
15 patient need not be established.
16 (9) Prescribing, ordering, dispensing, administering,
17 supplying, selling or giving any drug which is an amphetamine
18 or sympathomimetic amine drug or compound designated as a
19 Schedule II controlled substance under the act of April 14,
20 1972 (P.L.233, No.64), known as "The Controlled Substance,
21 Drug, Device and Cosmetic Act," to or for any person except
22 for one of the following purposes:
23 (i) The treatment of narcolepsy; hyperkinesis;
24 behavioral syndrome in children characterized by the
25 developmentally inappropriate symptoms of moderate to
26 severe distractability, short attention span,
27 hyperactivity, emotional lability and impulsivity; or
28 drug-induced brain dysfunction.
29 (ii) The differential diagnostic psychiatric
30 evaluation of depression or the treatment of depression
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1 shown to be refractory to other therapeutic modalities.
2 (iii) The clinical investigation of the effects of
3 such drugs or compounds when an investigative protocol
4 therefor is submitted to, reviewed and approved by the
5 board before such investigation is begun.
6 * * *
7 Section 2. This act shall take effect in 60 days.
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